2017 - 2018 LEGISLATURE
ASSEMBLY AMENDMENT 3,
TO ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 64
September 13, 2017 - Offered by Representatives Sinicki, Hintz, Shankland,
Barca, Anderson, Berceau, Billings, Bowen, Brostoff, Considine, Crowley,
Doyle, Fields, Genrich, Goyke, Hebl, Hesselbein, Kessler, Kolste, Mason,
Meyers, Milroy, Ohnstad, Pope, Riemer, Sargent, Spreitzer, Stuck, Subeck,
C. Taylor, Vruwink, Wachs, Young, Zamarripa and Zepnick.
(dk) Biennially, beginning in 2017, conduct a financial and 5
performance evaluation audit of the enterprise resource planning system 6
maintained under s. 16.971 (2) (cf).”.
13.94 (1s) (c) 6. of the statutes is amended to read:
(c) 6. The department of administration for the cost of the audit 10audits
under sub. (1) (dk) and
To determine the value of property using generally accepted 11
appraisal methods, the assessor shall consider all of the following as comparable to 12
the property being assessed:
1. Sales or rentals of properties exhibiting the same or a similar highest and 14
best use with placement in the same real estate market segment.
2. Sales or rentals of properties that are similar to the property being assessed 16
with regard to age, condition, use, type of construction, location, design, physical 17
features, and economic characteristics, including similarities in occupancy and the 18
the potential to generate rental income. For purposes of this subdivision, such 19
properties may be found locally, regionally, or nationally.
(b) For purposes of par. (a), a property is not comparable if any of the following 21
1. At or before the time of sale, the seller places any deed restriction on the 23
property that changes the highest and best use of the property, or prohibits
competition, so that it no longer qualifies as a comparable property under par. (a) 1. 2
or 2. and the property being assessed lacks such a restriction.
2. The property is dark property and the property being assessed is not dark 4
property. In this subdivision, “dark property” means property that is vacant or 5
unoccupied beyond the normal period for property in the same real estate market 6
segment. For purposes of this subdivision, what is considered vacant or unoccupied 7
beyond the normal period may vary depending on the property location.
(c) For purposes of par. (a), “highest and best use" means the specific use of the 9
property as of the current assessment date or a higher use to which the property can 10
be expected to be put in before the next assessment date, if the use is legally 11
permissible, physically possible, not speculative, and financially feasible and 12
provides the highest net return. When the current use of a property is the highest 13
and best use of that property, value in the current use equals full market value. In 14
this paragraph, “legally permissible” does not include a conditional use that has not 15
been granted as of the assessment date.
(d) For purposes of par. (a), “real estate market segment” means a pool of 17
potential buyers and sellers that typically buy or sell properties similar to the 18
property being assessed, including potential buyers who are investors or 19
owner-occupants. For purposes of this paragraph, and depending on the type of 20
property being assessed, the pool of potential buyers and sellers may be found locally, 21
regionally, nationally, or internationally.”.
To receive benefits for any given week of unemployment, a claimant 2
shall give notice to the department with respect to such week of unemployment 3
within such time and in such manner as the department may by rule prescribe,
4except that the department shall permit such notice to be given to the department
108.09 (1) Filing.
Claims for benefits shall be filed pursuant to department 8
rules, except that the department shall permit claims for benefits to be filed via
. Each employer that is notified of a benefit claim shall promptly inform 10
the department in writing as to any eligibility question in objection to such claim 11
together with the reasons for the objection. The department may also obtain 12
information from the employee concerning the employee's eligibility, employment or 13
(d) The department shall serve a certified copy of the findings and 17
order on the respondent, the order to have the same force as other orders of the 18
department and be enforced as provided in s. 103.005. The department shall also
19serve a certified copy of the findings and order on the complainant, together with a
20notice advising the complainant about the right to seek, and the time for seeking,
21review by the commission under sub. (5); about the right to bring, and the time for
22bringing, an action for judicial review under s. 111.395; and about the right to bring,
23and the time for bringing, an action under s. 111.397 (1) (a).
Any person aggrieved 24
by noncompliance with the order may have the order enforced specifically by suit in
equity. If the examiner finds that the respondent has not engaged in discrimination, 2
unfair honesty testing, or unfair genetic testing as alleged in the complaint, the 3department shall serve a certified
copy of the examiner's findings served
on the 4
complainant, together with shall be accompanied by
an order dismissing the 5
(b) If no petition is filed the respondent or complainant does not file
8a petition under par. (a)
within 21 days from the date that a copy of the findings and 9
order of the examiner is mailed to the last-known address of the respondent served
10on that party,
the findings and order shall be considered final for purposes of 11
enforcement under sub. (4) (d). If a timely petition is filed, the commission, on review, 12
may either affirm, reverse,
or modify the findings or order in whole or in part,
or set 13
aside the findings and order and remand to the department for further proceedings. 14
Such actions shall be based on a review of the evidence submitted. If the commission 15
is satisfied that a respondent or complainant has been prejudiced because of 16
exceptional delay in the receipt of a copy of any findings and order
, it the commission 17
may extend the time another 21 days for filing the petition with the department.
(d) The commission shall serve a certified copy of the commission's 20
decision on the respondent. The commission shall also serve a certified copy of the 21
commission's decision on the complainant, together with a notice advising the 22
complainant about the right to bring, and the time for bringing, an action for judicial 23
review under s. 111.395 and about the right to bring, and the time for bringing, an 24
action under s. 111.397 (1) (a).
1111.397 Civil action. (1)
(a) Except as provided in this paragraph, the 2
department or a person alleged or found to have been discriminated against or 3
subjected to unfair honesty testing or unfair genetic testing may bring an action in 4
circuit court requesting the relief described in sub. (2) (a) against any employer, labor 5
organization, or employment agency that is alleged or found to have engaged in that 6
discrimination, unfair honesty testing, or unfair genetic testing. The department or 7
a person alleged or found to have been discriminated against or subjected to unfair 8
honesty testing or unfair genetic testing may not bring an action under this 9
paragraph against any local governmental unit, as defined in s. 19.42 (7u), or against 10
any employer, labor organization, or employment agency employing fewer than 15 11
individuals for each working day in each of 20 or more calendar weeks in the current 12
or preceding year.
(b) If a petition for judicial review of the findings and order of the commission 14
concerning the same violation as the violation giving rise to the action under par. (a) 15
is filed, the circuit court shall consolidate the proceeding for judicial review and the 16
action under par. (a).
(c) A person alleged or found to have been discriminated against or subjected 18
to unfair honesty testing or unfair genetic testing is not required to file a complaint 19
under s. 111.39 or seek review under s. 111.395 in order for the department or the 20
person to bring an action under par. (a).
(a) Subject to pars. (b) and (c), in an action under sub. (1) (a), if the circuit 22
court finds that discrimination, unfair honesty testing, or unfair genetic testing has 23
occurred, or if such a finding has been made by an examiner or the commission and 24
not been further appealed, the circuit court may order any relief that an examiner 25
would be empowered to order under s. 111.39 (4) (c) after a hearing on a complaint
filed under s. 111.39. In addition, the circuit court shall order the defendant to pay 2
to the person discriminated against or subjected to unfair honesty testing or unfair 3
genetic testing any other compensatory damages, and punitive damages under s. 4
895.043 that the circuit court or jury finds appropriate, plus reasonable costs and 5
attorney fees incurred in the action. If any relief was ordered under s. 111.39 or 6
111.395, the circuit court shall specify whether the relief ordered under this 7
paragraph is in addition to or replaces the relief ordered under s. 111.39 or 111.395. 8
The sum of the amount of compensatory damages for future economic losses and for 9
pain and suffering, emotional distress, mental anguish, loss of enjoyment of life, and 10
other noneconomic losses and the amount of punitive damages that a circuit court 11
may order may not exceed the following:
1. In the case of a defendant that employs 100 or fewer employees for each 13
working day in each of 20 or more calendar weeks in the current or preceding year, 14
2. In the case of a defendant that employs more than 100 but fewer than 201 16
employees for each working day in each of 20 or more calendar weeks in the current 17
or preceding year, $100,000.
3. In the case of a defendant that employs more than 200 but fewer than 501 19
employees for each working day in each of 20 or more calendar weeks in the current 20
or preceding year, $200,000.
4. In the case of a defendant that employs more than 500 employees for each 22
working day in each of 20 or more calendar weeks in the current or preceding year, 23
(b) If the circuit court orders any payment under par. (a) because of a violation 2
of s. 111.321, 111.37, or 111.372 by an individual employed by an employer, the 3
employer of that individual is liable for the payment.
(c) 1. In this paragraph, “consumer price index" means the average of the 5
consumer price index for all urban consumers, U.S. city average, as determined by 6
the bureau of labor statistics of the federal department of labor.
2. Except as provided in this subdivision, beginning on July 1, 2019, and on 8
each July 1 after that, the department shall adjust the amounts specified in par. (a) 9
1., 2., 3., and 4. by calculating the percentage difference between the consumer price 10
index for the 12-month period ending on December 31 of the preceding year and the 11
consumer price index for the 12-month period ending on December 31 of the year 12
before the preceding year and adjusting those amounts by that percentage 13
difference. The department shall publish the adjusted amounts calculated under 14
this subdivision in the Wisconsin Administrative Register, and the adjusted amounts 15
shall apply to actions commenced under sub. (1) (a) beginning on July 1 of the year 16
of publication. This subdivision does not apply if the consumer price index for the 17
12-month period ending on December 31 of the preceding year did not increase over 18
the consumer price index for the 12-month period ending on December 31 of the year 19
before the preceding year.”.