AB56: Bill Text

AB56,1339 Section 1339. 106.275 of the statutes is renumbered 115.458, and 115.458 (1) (a), as renumbered, is amended to read:

AB56,781,6 115.458 (1) (a) From the appropriation under s. 20.445 (1) (cg) 20.255 (2) (cL), the department may award technical education equipment grants under this section in the amount of not more than $50,000 to school districts whose grant applications are approved under sub. (2) (b).

AB56,1340 Section 1340. 106.277 (title), (1) (intro.), (a) and (c), (3) and (4) of the statutes are repealed.

AB56,1341 Section 1341. 106.277 (1) (b) of the statutes is renumbered 118.196 (1) (b) and amended to read:

AB56,781,13 118.196 (1) (b) The organization operates A grant under sub. (5) to operate a program to recruit and prepare individuals to teach in public or private schools located in low-income or urban school districts in this state.

AB56,1342 Section 1342. 106.277 (2) of the statutes is renumbered 118.196 (5), and 118.196 (5) (intro.), as renumbered, is amended to read:

AB56,781,23 118.196 (5) (intro.) From the appropriation under s. 20.255 (2) (em), the department shall award grants to school boards, governing bodies, and charter management organizations under sub. (1) (b). The department shall establish a process for evaluating and assigning a score to each organization eligible to receive applicant for a grant under sub. (1). If the amount appropriated under s. 20.445 (1) (bt) is insufficient to make the payments required under sub. (1), the (b). The department shall give preference in evaluating grants under this section to a nonprofit organization subsection for each of the following:

AB56,1343 Section 1343. 106.38 (4) (a) 5. of the statutes is repealed.

AB56,1344 Section 1344 . 106.50 (1) of the statutes is amended to read:

AB56,782,15 106.50 (1) Intent. It is the intent of this section to render unlawful discrimination in housing. It is the declared policy of this state that all persons shall have an equal opportunity for housing regardless of sex, race, color, sexual orientation, disability, religion, national origin, marital status, family status, status as a holder or nonholder of a license under s. 343.03 (3m), status as a victim of domestic abuse, sexual assault, or stalking, lawful source of income, age, or ancestry and it is the duty of the political subdivisions to assist in the orderly prevention or removal of all discrimination in housing through the powers granted under ss. 66.0125 and 66.1011. The legislature hereby extends the state law governing equal housing opportunities to cover single-family residences that are owner-occupied. The legislature finds that the sale and rental of single-family residences constitute a significant portion of the housing business in this state and should be regulated. This section shall be considered an exercise of the police powers of the state for the protection of the welfare, health, peace, dignity, and human rights of the people of this state.

AB56,1345 Section 1345 . 106.50 (1m) (h) of the statutes is amended to read:

AB56,782,24 106.50 (1m) (h) “Discriminate" means to segregate, separate, exclude, or treat a person or class of persons unequally in a manner described in sub. (2), (2m), or (2r) because of sex, race, color, sexual orientation, disability, religion, national origin, marital status, or family status, ; status as a victim of domestic abuse, sexual assault, or stalking,; whether the person holds, or has applied for, a registry identification card, as defined in s. 146.44 (1) (g), has been the subject of a written certification, as defined in s. 146.44 (1) (h), or is or has been a member of a treatment team, as defined in s. 961.01 (20t); lawful source of income, ; age,; or ancestry.

AB56,1346 Section 1346 . 106.50 (1m) (h) of the statutes, as affected by 2019 Wisconsin Act .... (this act), is amended to read:

AB56,783,11 106.50 (1m) (h) “Discriminate" means to segregate, separate, exclude, or treat a person or class of persons unequally in a manner described in sub. (2), (2m), or (2r) because of sex, race, color, sexual orientation, disability, religion, national origin, marital status, or family status; status as a holder or nonholder of a license under s. 343.03 (3m); status as a victim of domestic abuse, sexual assault, or stalking; whether the person holds, or has applied for, a registry identification card, as defined in s. 146.44 (1) (g), has been the subject of a written certification, as defined in s. 146.44 (1) (h), or is or has been a member of a treatment team, as defined in s. 961.01 (20t); lawful source of income; age; or ancestry.

AB56,1347 Section 1347 . 106.50 (1m) (nm) of the statutes is amended to read:

AB56,783,17 106.50 (1m) (nm) “Member of a protected class" means a group of natural persons, or a natural person, who may be categorized because of sex, race, color, disability, sexual orientation, religion, national origin, marital status, family status, status as a holder or nonholder of a license under s. 343.03 (3m), status as a victim of domestic abuse, sexual abuse, or stalking, lawful source of income, age, or ancestry.

AB56,1348 Section 1348 . 106.50 (5m) (f) 1. of the statutes is amended to read:

AB56,783,25 106.50 (5m) (f) 1. Nothing in this section prohibits an owner or agent from requiring that a person who seeks to buy or rent housing supply information concerning family status, and marital, financial, and business status but not concerning race, color, disability, sexual orientation, ancestry, national origin, religion, creed, status as a holder or nonholder of a license under s. 343.03 (3m), status as a victim of domestic abuse, sexual assault, or stalking, or, subject to subd. 2., age.

AB56,1349 Section 1349. 106.52 (3) (a) 1. of the statutes is amended to read:

AB56,784,6 106.52 (3) (a) 1. Deny to another or charge another a higher price than the regular rate for the full and equal enjoyment of any public place of accommodation or amusement because of sex, race, color, creed, disability, sexual orientation, national origin, or ancestry or because a person holds or does not hold a license under s. 343.03 (3m).

AB56,1350 Section 1350 . 106.52 (3) (a) 2. of the statutes is amended to read:

AB56,784,11 106.52 (3) (a) 2. Give preferential treatment to some classes of persons in providing services or facilities in any public place of accommodation or amusement because of sex, race, color, creed, sexual orientation, national origin , or ancestry or because a person holds or does not hold a license under s. 343.03 (3m).

AB56,1351 Section 1351 . 106.52 (3) (a) 3. of the statutes is amended to read:

AB56,784,19 106.52 (3) (a) 3. Directly or indirectly publish, circulate, display or mail any written communication which the communicator knows is to the effect that any of the facilities of any public place of accommodation or amusement will be denied to any person by reason of sex, race, color, creed, disability, sexual orientation, national origin, or ancestry or because a person holds or does not hold a license under s. 343.03 (3m) or that the patronage of a person is unwelcome, objectionable or unacceptable for any of those reasons.

AB56,1352 Section 1352 . 106.52 (3) (a) 4. of the statutes is amended to read:

AB56,784,23 106.52 (3) (a) 4. Refuse to furnish or charge another a higher rate for any automobile insurance because of race, color, creed, disability, national origin, or ancestry or because a person holds or does not hold a license under s. 343.03 (3m).

AB56,1353 Section 1353 . 106.52 (3) (a) 5. of the statutes is amended to read:

AB56,785,5 106.52 (3) (a) 5. Refuse to rent, charge a higher price than the regular rate or give preferential treatment, because of sex, race, color, creed, sexual orientation, national origin, or ancestry or because a person holds or does not hold a license under s. 343.03 (3m), regarding the use of any private facilities commonly rented to the public.

AB56,1354 Section 1354. 108.02 (13) (k) of the statutes is amended to read:

AB56,785,13 108.02 (13) (k) “Employer" does not include a county department, an aging unit, or, under s. 46.2785, a private agency that serves as a fiscal agent or contracts with a fiscal intermediary to serve as a fiscal agent under s. 46.27 (5) (i), 46.272 (7) (e), or 47.035 as to any individual performing services for a person receiving long-term support services under s. 46.27 (5) (b), 46.272 (7) (b), 46.275, 46.277, 46.278, 46.2785, 46.286, 46.495, 51.42, or 51.437 or personal assistance services under s. 47.02 (6) (c).

AB56,1355 Section 1355 . 108.02 (24g) of the statutes is created to read:

AB56,785,16 108.02 (24g) Suitable work. “Suitable work" has the meaning specified by the department by rule under s. 108.14 (27).

AB56,1356 Section 1356. 108.02 (26m) of the statutes is repealed.

AB56,1357 Section 1357. 108.04 (2) (a) (intro.) of the statutes is amended to read:

AB56,785,21 108.04 (2) (a) (intro.) Except as provided in pars. par. (b) to (bd), sub. (16) (am) and (b), and s. 108.062 (10) and (10m) and as otherwise expressly provided, a claimant is eligible for benefits as to any given week only if all of the following apply:

AB56,1358 Section 1358. 108.04 (2) (a) 3. of the statutes is repealed and recreated to read:

AB56,786,10 108.04 (2) (a) 3. The claimant conducts a reasonable search for suitable work during that week and provides verification of that search to the department. The search for suitable work must include at least 4 actions per week that constitute a reasonable search as prescribed by rule of the department. In addition, the department may, by rule, require a claimant to take more than 4 reasonable work search actions in any week. The department shall require a uniform number of reasonable work search actions for similar types of claimants. This subdivision does not apply to a claimant if the department determines that the claimant is currently laid off from employment with an employer but there is a reasonable expectation of reemployment of the individual by that employer. In determining whether the claimant has a reasonable expectation of reemployment by an employer, the department shall request the employer to verify the claimant's employment status and shall consider all of the following:

AB56,786,11 a. The history of layoffs and reemployments by the employer.

AB56,786,13 b. Any information that the employer furnished to the claimant or the department concerning the claimant's anticipated reemployment date.

AB56,786,15 c. Whether the claimant has recall rights with the employer under the terms of any applicable collective bargaining agreement.

AB56,1359 Section 1359. 108.04 (2) (b) of the statutes is repealed and recreated to read:

AB56,786,19 108.04 (2) (b) The department may, by rule, establish waivers from the registration for work requirement under par. (a) 2. and the work search requirement under par. (a) 3.

AB56,1360 Section 1360. 108.04 (2) (bb) of the statutes is repealed.

AB56,1361 Section 1361. 108.04 (2) (bd) of the statutes is repealed.

AB56,1362 Section 1362. 108.04 (2) (bm) of the statutes is amended to read:

AB56,787,4 108.04 (2) (bm) A claimant is ineligible to receive benefits for any week for which there is a determination that the claimant failed to comply with the registration for work and work search requirements under par. (a) 2. or 3. or failed to provide verification to the department that the claimant complied with those requirements, unless the department has waived those requirements under par. (b), (bb), or (bd) or s. 108.062 (10m). If the department has paid benefits to a claimant for any such week, the department may recover the overpayment under s. 108.22.

AB56,1363 Section 1363. 108.04 (3) of the statutes is repealed.

AB56,1364 Section 1364. 108.04 (5) (intro.) of the statutes is amended to read:

AB56,788,9 108.04 (5) Discharge for misconduct. (intro.) An Unless sub. (5g) results in disqualification, an employee whose work is terminated by an employing unit for misconduct by the employee connected with the employee's work is ineligible to receive benefits until 7 weeks have elapsed since the end of the week in which the discharge occurs and the employee earns wages after the week in which the discharge occurs equal to at least 14 times the employee's weekly benefit rate under s. 108.05 (1) in employment or other work covered by the unemployment insurance law of any state or the federal government. For purposes of requalification, the employee's weekly benefit rate shall be the rate that would have been paid had the discharge not occurred. The wages paid to an employee by an employer which terminates employment of the employee for misconduct connected with the employee's employment shall be excluded from the employee's base period wages under s. 108.06 (1) for purposes of benefit entitlement. This subsection does not preclude an employee who has employment with an employer other than the employer which terminated the employee for misconduct from establishing a benefit year using the base period wages excluded under this subsection if the employee qualifies to establish a benefit year under s. 108.06 (2) (a). The department shall charge to the fund's balancing account any benefits otherwise chargeable to the account of an employer that is subject to the contribution requirements under ss. 108.17 and 108.18 from which base period wages are excluded under this subsection. For purposes of this subsection, “misconduct" means one or more actions or conduct evincing such willful or wanton disregard of an employer's interests as is found in deliberate violations or disregard of standards of behavior which an employer has a right to expect of his or her employees, or in carelessness or negligence of such degree or recurrence as to manifest culpability, wrongful intent, or evil design of equal severity to such disregard, or to show an intentional and substantial disregard of an employer's interests, or of an employee's duties and obligations to his or her employer. In addition, “misconduct" includes:

AB56,1365 Section 1365. 108.04 (5g) of the statutes is repealed and recreated to read:

AB56,788,21 108.04 (5g) Discharge for failure to notify employer of absenteeism or tardiness. (a) If an employee is discharged for failing to notify his or her employer of absenteeism or tardiness that becomes excessive, and the employer has complied with the requirements of par. (d) with respect to that employee, the employee is ineligible to receive benefits until 6 weeks have elapsed since the end of the week in which the discharge occurs and the employee earns wages after the week in which the discharge occurs equal to at least 6 times the employee's weekly benefit rate under s. 108.05 (1) in employment or other work covered by the unemployment insurance law of any state or the federal government. For purposes of requalification, the employee's weekly benefit rate shall be the rate that would have been paid had the discharge not occurred.

AB56,788,24 (b) For purposes of this subsection, tardiness becomes excessive if an employee is late for 6 or more scheduled workdays in the 12-month period preceding the date of the discharge without providing adequate notice to his or her employer.

AB56,789,4 (c) For purposes of this subsection, absenteeism becomes excessive if an employee is absent for 5 or more scheduled workdays in the 12-month period preceding the date of the discharge without providing adequate notice to his or her employer.

AB56,789,7 (d) 1. The requalifying requirements under par. (a) apply only if the employer has a written policy on notification of tardiness or absences that satisfies all of the following:

AB56,789,8 a. Defines what constitutes a single occurrence of tardiness or absenteeism.

AB56,789,9 b. Describes the process for providing adequate notice of tardiness or absence.

AB56,789,11 c. Notifies the employee that failure to provide adequate notice of an absence or tardiness may lead to discharge.

AB56,789,14 2. The employer shall provide a copy of the written policy under subd. 1. to each employee and shall have written evidence that the employee received a copy of that policy.

AB56,789,17 3. The employer must have given the employee at least one warning concerning the employee's violation of the employer's written policy under subd. 1. within the 12-month period preceding the date of the discharge.

AB56,789,19 4. The employer must apply the written policy under subd. 1. uniformly to all employees of the employer.

AB56,789,23 (e) The department shall charge to the fund's balancing account the cost of any benefits paid to an employee that are otherwise chargeable to the account of an employer that is subject to the contribution requirements under ss. 108.17 and 108.18 if the employee is discharged by that employer and par. (a) applies.

AB56,789,25 (em) If an employee is not disqualified under this subsection, the employee may nevertheless be subject to the disqualification under sub. (5).

AB56,1366 Section 1366. 108.04 (7) (e) of the statutes is amended to read:

AB56,790,10 108.04 (7) (e) Paragraph (a) does not apply if the department determines that the employee accepted work that the employee could have failed to accept under sub. (8) and terminated the work on the same grounds and within the first 30 calendar days after starting the work, or that the employee accepted work that the employee could have refused under sub. (9) and terminated the work within the first 30 calendar days after starting the work. For purposes of this paragraph, an employee has the same grounds for voluntarily terminating work if the employee could have failed to accept the work under sub. (8) (d) to (em) when it was offered, regardless of the reason articulated by the employee for the termination.

AB56,1367 Section 1367. 108.04 (7) (t) 1. of the statutes is repealed.

AB56,1368 Section 1368. 108.04 (7) (t) 2. of the statutes is amended to read:

AB56,790,15 108.04 (7) (t) 2. The employee's spouse was required by the U.S. armed forces his or her employing unit to relocate to a place to which it is impractical for the employee to commute.

AB56,1369 Section 1369. 108.04 (8) (a) of the statutes is amended to read:

AB56,791,6 108.04 (8) (a) Except as provided in par. (b), if If an employee fails, without good cause, to accept suitable work when offered, the employee is ineligible to receive benefits until the employee earns wages after the week in which the failure occurs equal to at least 6 times the employee's weekly benefit rate under s. 108.05 (1) in employment or other work covered by the unemployment insurance law of any state or the federal government. For purposes of requalification, the employee's weekly benefit rate shall be that rate which would have been paid had the failure not occurred. This paragraph does not preclude an employee from establishing a benefit year during a period in which the employee is ineligible to receive benefits under this paragraph if the employee qualifies to establish a benefit year under s. 108.06 (2) (a). Except as provided in par. (b), the The department shall charge to the fund's balancing account any benefits otherwise chargeable to the account of an employer that is subject to the contribution requirements under ss. 108.17 and 108.18 whenever an employee of that employer fails, without good cause, to accept suitable work offered by that employer.

AB56,1370 Section 1370. 108.04 (8) (b) of the statutes, as affected by 2017 Wisconsin Act 157, is repealed.

AB56,1371 Section 1371 . 108.04 (8) (c) of the statutes is amended to read:

AB56,792,3 108.04 (8) (c) If an employee fails, without good cause, to return to work with a former employer that recalls the employee within 52 weeks after the employee last worked for that employer, the employee is ineligible to receive benefits until the employee earns wages after the week in which the failure occurs equal to at least 6 times the employee's weekly benefit rate under s. 108.05 (1) in employment or other work covered by the unemployment insurance law of any state or the federal government. For purposes of requalification, the employee's weekly benefit rate shall be that rate which would have been paid had the failure not occurred. This paragraph does not preclude an employee from establishing a benefit year during a period in which the employee is ineligible to receive benefits under this paragraph if the employee qualifies to establish a benefit year under s. 108.06 (2) (a). The department shall charge to the fund's balancing account any benefits otherwise chargeable to the account of any employer that is subject to the contribution requirements under ss. 108.17 and 108.18 whenever an employee of that employer fails, without good cause, to return to work with that employer. This paragraph does not apply to an employee who fails to return to work with a former employer if the work offered would not be considered suitable work under par. (d) or (dm), whichever is applicable. If an employee receives actual notice of a recall to work, par. (a) applies in lieu of this paragraph.

AB56,1372 Section 1372 . 108.04 (8) (d) of the statutes is repealed and recreated to read:

AB56,792,12 108.04 (8) (d) An employee shall have good cause under par. (a) or (c), regardless of the reason articulated by the employee for the failure, if the department determines that the failure involved work at a lower grade of skill or significantly lower rate of pay than applied to the employee on one or more recent jobs, and that the employee had not yet had a reasonable opportunity, in view of labor market conditions and the employee's degree of skill, but not to exceed 6 weeks after the employee became unemployed, to seek a new job substantially in line with the employee's prior job skill and rate of pay.

AB56,1373 Section 1373 . 108.04 (8) (dm) of the statutes is repealed.

AB56,1374 Section 1374 . 108.04 (8) (em) of the statutes is repealed.

AB56,1375 Section 1375 . 108.04 (11) (bm) of the statutes is amended to read:

AB56,792,24 108.04 (11) (bm) The department shall apply any ineligibility under par. (be) against benefits and weeks of eligibility for which the claimant would otherwise be eligible after the week of concealment and within 6 years after the date of an initial determination issued under s. 108.09 finding that a concealment occurred. The claimant shall not receive waiting period credit under s. 108.04 (3) for the period of ineligibility applied under par. (be). If no benefit rate applies to the week for which the claim is made, the department shall use the claimant's benefit rate for the claimant's next benefit year beginning after the week of concealment to determine the amount of the benefit reduction.

AB56,1376 Section 1376. 108.05 (1) (r) of the statutes is amended to read:

AB56,793,14 108.05 (1) (r) Except as provided in s. 108.062 (6) (a), each eligible employee shall be paid benefits for each week of total unemployment that commences on or after January 5, 2014, and before January 5, 2020, at the weekly benefit rate specified in this paragraph. Unless sub. (1m) applies, the weekly benefit rate shall equal 4 percent of the employee's base period wages that were paid during that quarter of the employee's base period in which the employee was paid the highest total wages, rounded down to the nearest whole dollar, except that, if that amount is less than $54, no benefits are payable to the employee and, if that amount is more than $370, the employee's weekly benefit rate shall be $370 and except that, if the employee's benefits are exhausted during any week under s. 108.06 (1), the employee shall be paid the remaining amount of benefits payable to the employee under s. 108.06 (1). The department shall publish on its Internet site a weekly benefit rate schedule of quarterly wages and the corresponding weekly benefit rates as calculated in accordance with this paragraph.

AB56,1377 Section 1377. 108.05 (1) (s) of the statutes is created to read:

AB56,794,3 108.05 (1) (s) Except as provided in s. 108.062 (6) (a), each eligible employee shall be paid benefits for each week of total unemployment that commences on or after January 5, 2020, at the weekly benefit rate specified in this paragraph. Unless sub. (1m) applies, the weekly benefit rate shall equal 4 percent of the employee's base period wages that were paid during that quarter of the employee's base period in which the employee was paid the highest total wages, rounded down to the nearest whole dollar, except that, if that amount is less than $54, no benefits are payable to the employee and, if that amount is more than $406, the employee's weekly benefit rate shall be $406 and except that, if the employee's benefits are exhausted during any week under s. 108.06 (1), the employee shall be paid the remaining amount of benefits payable to the employee under s. 108.06 (1). The department shall publish on its Internet site a weekly benefit rate schedule of quarterly wages and the corresponding weekly benefit rates as calculated in accordance with this paragraph.

AB56,1378 Section 1378. 108.05 (3) (dm) of the statutes is renumbered 108.05 (3) (dm) 1. and amended to read:

AB56,794,12 108.05 (3) (dm) 1. Except when otherwise authorized in an approved work-share program under s. 108.062, a claimant is ineligible to receive any benefits for a week if the claimant receives or will receive from one or more employers wages earned for work performed in that week, amounts treated as wages under s. 108.04 (1) (bm) for that week, sick pay, holiday pay, vacation pay, termination pay, bonus pay, back pay, or payments treated as wages under s. 108.04 (12) (e), or any combination thereof, totalling more than $500 the amount determined under subd. 2.

AB56,1379 Section 1379. 108.05 (3) (dm) 2. of the statutes is created to read:

AB56,794,20 108.05 (3) (dm) 2. For purposes of subd. 1., the amount under this subdivision shall be $500, except that effective January 1 of each year, with the first adjustment being effective on January 1, 2020, the department shall adjust that amount by a percentage equal to the average annual percentage change in the U.S. consumer price index for all urban consumers, U.S. city average, as determined by the federal department of labor. The department shall annually have the revised amount published in the Wisconsin Administrative Register.