AB68: Bill Text

AB68,1722 Section 1722 . 106.50 (1m) (h) of the statutes is amended to read:

AB68,1033,22 106.50 (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, family status, status as a holder or nonholder of a license under s. 343.03 (3r), status as a victim of domestic abuse, sexual assault, or stalking, lawful source of income, age, or ancestry.

AB68,1723 Section 1723 . 106.50 (1m) (nm) of the statutes is amended to read:

AB68,1034,3 106.50 (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 (3r), status as a victim of domestic abuse, sexual abuse, or stalking, lawful source of income, age, or ancestry.

AB68,1724 Section 1724 . 106.50 (5m) (f) 1. of the statutes is amended to read:

AB68,1034,10 106.50 (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 (3r), status as a victim of domestic abuse, sexual assault, or stalking, or, subject to subd. 2., age.

AB68,1725 Section 1725. 106.50 (6) (f) 1. of the statutes is amended to read:

AB68,1034,20 106.50 (6) (f) 1. After the department issues a charge under par. (c) 2., the department shall serve the charge, along with a written notice of hearing, specifying the nature and acts of discrimination which appear to have been committed, and requiring the respondent to answer the charge at a hearing before an examiner. The notice shall specify a time of hearing, not less than 10 days after service of the charge, and a place of hearing within the county in which the violation is alleged to have occurred. The department shall designate the place of hearing, which may include a remote, web-based, or in-person hearing in a location accessible and in proximity to the parties.

AB68,1726 Section 1726 . 106.52 (3) (a) 1. of the statutes is amended to read:

AB68,1035,2 106.52 (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 (3r).

AB68,1727 Section 1727 . 106.52 (3) (a) 2. of the statutes is amended to read:

AB68,1035,7 106.52 (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 (3r).

AB68,1728 Section 1728 . 106.52 (3) (a) 3. of the statutes is amended to read:

AB68,1035,15 106.52 (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 (3r) or that the patronage of a person is unwelcome, objectionable or unacceptable for any of those reasons.

AB68,1729 Section 1729 . 106.52 (3) (a) 4. of the statutes is amended to read:

AB68,1035,19 106.52 (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 (3r).

AB68,1730 Section 1730 . 106.52 (3) (a) 5. of the statutes is amended to read:

AB68,1035,25 106.52 (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 (3r), regarding the use of any private facilities commonly rented to the public.

AB68,1731 Section 1731. 106.52 (4) (a) 4. of the statutes is amended to read:

AB68,1037,11 106.52 (4) (a) 4. If the department finds probable cause to believe that any act prohibited under sub. (3) has been or is being committed, the department may endeavor to eliminate the act by conference, conciliation and persuasion. If the department determines that such conference, conciliation and persuasion has not eliminated the alleged act prohibited under sub. (3), the department shall issue and serve a written notice of hearing, specifying the nature and acts prohibited under sub. (3) which appear to have been committed, and requiring the person named, in this subsection called the “respondent", to answer the complaint at a hearing before an examiner. The notice shall specify a time of hearing, not less than 10 days after service of the complaint, and a place of hearing within the county in which the violation of sub. (3) is alleged to have occurred. The department shall designate the place of hearing, which may include a remote, web-based, or in-person hearing in a location accessible and in proximity to the parties. The attorney of record for any party may issue a subpoena to compel the attendance of a witness or the production of evidence. A subpoena issued by an attorney must be in substantially the same form as provided in s. 805.07 (4) and must be served in the manner provided in s. 805.07 (5). The attorney shall, at the time of issuance, send a copy of the subpoena to the appeal tribunal or other representative of the department responsible for conducting the proceeding. The testimony at the hearing shall be recorded by the department. In all hearings before an examiner, except those for determining probable cause, the burden of proof is on the party alleging an act prohibited under sub. (3). If, after the hearing, the examiner finds by a fair preponderance of the evidence that the respondent has violated sub. (3), the examiner shall make written findings and order such action by the respondent as will effectuate the purpose of this subsection and sub. (3). The department shall serve a certified copy of the examiner's findings and order on the respondent and complainant. The order shall have the same force as other orders of the department and shall be enforced as provided in this subsection, except that the enforcement of the order is automatically stayed upon the filing of a petition for review with the commission. If the examiner finds that the respondent has not engaged in an act prohibited under sub. (3) as alleged in the complaint, the department shall serve a certified copy of the examiner's findings on the complainant and the respondent together with an order dismissing the complaint. If the complaint is dismissed, costs in an amount not to exceed $100 plus actual disbursements for the attendance of witnesses may be assessed against the department in the discretion of the department.

AB68,1732 Section 1732 . 108.02 (18r) of the statutes is created to read:

AB68,1037,13 108.02 (18r) Marijuana. “Marijuana” has the meaning given in s. 111.32 (11m).

AB68,1733 Section 1733. 108.02 (26m) of the statutes is repealed.

AB68,1734 Section 1734. 108.04 (2) (a) (intro.) of the statutes is amended to read:

AB68,1037,18 108.04 (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:

AB68,1735 Section 1735. 108.04 (2) (a) 3. of the statutes is repealed and recreated to read:

AB68,1038,7 108.04 (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:

AB68,1038,8 a. The history of layoffs and reemployments by the employer.

AB68,1038,10 b. Any information that the employer furnished to the claimant or the department concerning the claimant's anticipated reemployment date.

AB68,1038,12 c. Whether the claimant has recall rights with the employer under the terms of any applicable collective bargaining agreement.

AB68,1736 Section 1736. 108.04 (2) (b) of the statutes is repealed and recreated to read:

AB68,1038,16 108.04 (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.

AB68,1737 Section 1737. 108.04 (2) (bb) of the statutes is repealed.

AB68,1738 Section 1738. 108.04 (2) (bd) of the statutes is repealed.

AB68,1739 Section 1739. 108.04 (2) (bm) of the statutes is amended to read:

AB68,1039,2 108.04 (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.

AB68,1740 Section 1740. 108.04 (2) (h) of the statutes is amended to read:

AB68,1039,10 108.04 (2) (h) A claimant shall, when the claimant first files a claim for benefits under this chapter and during each subsequent week the claimant files for benefits under this chapter, inform the department whether he or she is receiving social security disability insurance payments, as defined in sub. (12) (f) 2m s. 108.05 (7m) (b). If the claimant is receiving social security disability insurance payments, the claimant shall, in the manner prescribed by the department, report to the department the amount of the social security disability insurance payments.

AB68,1741 Section 1741. 108.04 (3) of the statutes is repealed.

AB68,1742 Section 1742 . 108.04 (5g) of the statutes is repealed.

AB68,1743 Section 1743 . 108.04 (5m) of the statutes is created to read:

AB68,1039,18 108.04 (5m) Discharge for use of marijuana. (a) Notwithstanding sub. (5), “misconduct," for purposes of sub. (5), does not include the employee's use of marijuana off the employer's premises during nonworking hours or a violation of the employer's policy concerning such use, unless termination of the employee because of that use is permitted under s. 111.35.

AB68,1039,22 (b) Notwithstanding sub. (5g), “substantial fault," for purposes of sub. (5g), does not include the employee's use of marijuana off the employer's premises during nonworking hours or a violation of the employer's policy concerning such use, unless termination of the employee because of that use is permitted under s. 111.35.

AB68,1744 Section 1744. 108.04 (7) (e) of the statutes is amended to read:

AB68,1040,7 108.04 (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 10 weeks 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 10 weeks 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.

AB68,1745 Section 1745. 108.04 (7) (t) 1. of the statutes is repealed.

AB68,1746 Section 1746. 108.04 (7) (t) 2. of the statutes is amended to read:

AB68,1040,12 108.04 (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.

AB68,1747 Section 1747. 108.04 (8) (a) of the statutes is amended to read:

AB68,1041,3 108.04 (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.

AB68,1748 Section 1748. 108.04 (8) (b) of the statutes is repealed.

AB68,1749 Section 1749. 108.04 (8) (d) (intro.) of the statutes is amended to read:

AB68,1041,8 108.04 (8) (d) (intro.) With respect to the first 6 10 weeks after the employee became unemployed, “suitable work," for purposes of par. (a), means work to which all of the following apply:

AB68,1750 Section 1750. 108.04 (8) (dm) of the statutes is amended to read:

AB68,1041,15 108.04 (8) (dm) With respect to the 7th 11th week after the employee became unemployed and any week thereafter, “suitable work," for purposes of par. (a), means any work that the employee is capable of performing, regardless of whether the employee has any relevant experience or training, that pays wages that are above the lowest quartile of wages for similar work in the labor market area in which the work is located, as determined by the department.

AB68,1751 Section 1751 . 108.04 (11) (bm) of the statutes is amended to read:

AB68,1041,25 108.04 (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.

AB68,1752 Section 1752. 108.04 (12) (f) 1m. and 2m. of the statutes are renumbered 108.05 (7m) (a) and (b) and amended to read:

AB68,1042,5 108.05 (7m) (a) The intent of the legislature in enacting this paragraph subsection is to prevent the payment of duplicative government benefits for the replacement of lost earnings or income, regardless of an individual's ability to work.

AB68,1042,8 (b) In this paragraph subsection, “ social security disability insurance payment" means a payment of social security disability insurance benefits under 42 USC ch. 7 subch. II.

AB68,1753 Section 1753. 108.04 (12) (f) 3. of the statutes is repealed.

AB68,1754 Section 1754. 108.04 (12) (f) 4. of the statutes is renumbered 108.05 (7m) (e).

AB68,1755 Section 1755. 108.05 (1) (am) of the statutes is created to read:

AB68,1042,14 108.05 (1) (am) On or before June 30 of each year, the department shall calculate, from quarterly wage reports under s. 108.205 for the prior calendar year, the state's annual average weekly wage in employment covered under this chapter.

AB68,1756 Section 1756. 108.05 (1) (cm) of the statutes is created to read:

AB68,1042,17 108.05 (1) (cm) The department shall set the maximum weekly benefit amount as follows:

AB68,1042,19 1. For benefits paid for a week of total unemployment that commences on or after January 5, 2014, but before January 2, 2022, $370.

AB68,1042,21 2. For benefits paid for a week of total unemployment that commences on or after January 2, 2022, but before January 1, 2023, $409.

AB68,1042,24 3. For benefits paid for a week of total unemployment that commences on or after January 1, 2023, but before January 7, 2024, $409 or 50 percent of the state's annual average weekly wage, rounded up to the nearest dollar, whichever is greater.

AB68,1043,4 4. For benefits paid for a week of total unemployment that commences on or after January 7, 2024, the department shall set an annual maximum weekly benefit amount that takes effect on the 1st Sunday in January of each calendar year and that is equal to the greater of the following:

AB68,1043,6 a. Seventy-five percent of the state's annual average weekly wage, rounded up to the nearest dollar.

AB68,1043,7 b. The maximum benefit amount in effect in the previous calendar year.

AB68,1757 Section 1757. 108.05 (1) (r) of the statutes is renumbered 108.05 (1) (r) (intro.) and amended to read:

AB68,1043,17 108.05 (1) (r) (intro.) 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, at the a weekly benefit rate specified in this paragraph. Unless sub. (1m) applies, the weekly benefit rate shall equal to 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 as provided under sub. (1m), and unless one of the following applies:

AB68,1043,19 1. If the employee's weekly benefit rate calculated under this paragraph is less than $54, no benefits are payable to the employee and, if that amount.

AB68,1043,22 2. If the employee's weekly benefit rate is more than $370 the maximum weekly benefit amount under par. (cm), the employee's weekly benefit rate shall be $370 and except that, if the maximum weekly benefit amount under par. (cm).

AB68,1043,25 3. 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).

AB68,1044,3 (s) 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 subsection.

AB68,1758 Section 1758. 108.05 (3) (a) of the statutes is amended to read:

AB68,1044,19 108.05 (3) (a) Except as provided in pars. (c) , and (d) and (dm) and s. 108.062, if an eligible employee earns wages in a given week, the first $30 of the wages shall be disregarded and the employee's applicable weekly benefit payment shall be reduced by 67 percent of the remaining amount, except that no such employee is eligible for benefits if the employee's benefit payment would be less than $5 for any week. For purposes of this paragraph, “wages" includes any salary reduction amounts earned that are not wages and that are deducted from the salary of a claimant by an employer pursuant to a salary reduction agreement under a cafeteria plan, within the meaning of 26 USC 125, and any amount that a claimant would have earned in available work under s. 108.04 (1) (a) which is treated as wages under s. 108.04 (1) (bm), but excludes any amount that a claimant earns for services performed as a volunteer fire fighter, volunteer emergency medical services practitioner, or volunteer emergency medical responder. In applying this paragraph, the department shall disregard discrepancies of less than $2 between wages reported by employees and employers.

AB68,1759 Section 1759. 108.05 (3) (dm) of the statutes is repealed.

AB68,1760 Section 1760. 108.05 (7m) (title), (c) and (d) of the statutes are created to read:

AB68,1044,22 108.05 (7m) (title) Social security disability insurance payments.

AB68,1045,2 (c) If a monthly social security disability insurance payment is issued to a claimant, the department shall reduce benefits otherwise payable to the claimant for a given week in accordance with par. (d). This subsection does not apply to a lump sum social security disability insurance payment in the nature of a retroactive payment or back pay.

AB68,1045,5 (d) The department shall allocate a monthly social security disability insurance payment by allocating to each week the fraction of the payment attributable to that week.

AB68,1761 Section 1761. 108.05 (9) of the statutes is amended to read:

AB68,1045,10 108.05 (9) Rounding of benefit amounts. Notwithstanding sub. (1), benefits payable for a week of unemployment as a result of applying sub. (1m), (3) or, (7), or (7m) or s. 108.04 (11) or (12), 108.06 (1), 108.13 (4) or (5) or 108.135 shall be rounded down to the next lowest dollar.

AB68,1762 Section 1762. 108.05 (10) (intro.) of the statutes is amended to read:

AB68,1045,15 108.05 (10) Deductions from benefit payments. (intro.) After calculating the benefit payment due to be paid for a week under subs. (1) to (7) (7m), the department shall make deductions from that payment to the extent that the payment is sufficient to make the following payments in the following order: