This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
SB70-SSA2-SA1,143,14 12(2) Worker advancement initiative; health-care workforce opportunity
13grants.
(a) The department shall, from the appropriation under s. 20.445 (1) (cm),
14establish and administer a program to do all of the following:
SB70-SSA2-SA1,143,19151. Make grants to local workforce development boards established under 29
16USC 3122
to assist individuals whose employment status was negatively affected by
17the COVID-19 pandemic and whose employment status has not improved. The
18department shall prioritize connecting individuals to health-care-related
19employment opportunities.
SB70-SSA2-SA1,143,2220 2. Make grants to technical colleges and nursing schools to implement
21strategies to increase the number of graduates who go on to work in
22health-care-related fields.
SB70-SSA2-SA1,144,223 3. Provide solutions to reduce barriers to employment in health-care-related
24fields and create ways to attract individuals to employment in health-care-related
25fields. Solutions to reduce barriers to employment may include services to fulfill

1clinical requirements, career navigation services, transportation services, and the
2provision of supplies.
SB70-SSA2-SA1,144,63 (b) During the 2023-25 fiscal biennium, of the moneys in the appropriation
4under s. 20.445 (1) (cm), the department shall allocate $2,500,000 in each fiscal year
5of the 2023-25 fiscal biennium for establishing and administering the program
6under par. (a).
SB70-SSA2-SA1,144,11 7(3) Worker advancement initiative; local CDL training grants. The
8department shall, from the appropriation under s. 20.445 (1) (cm), make grants to
9local workforce development boards established under 29 USC 3122 to provide
10sector-based training programs related to increasing the number of individuals
11obtaining commercial driver licenses, as defined in s. 340.01 (7m).
SB70-SSA2-SA1,144,17 12(4) Worker advancement initiative; ROBUST program. (a) The department
13shall, from the appropriation under s. 20.445 (1) (cm), establish and administer a
14program for reengaging out-of-work, barriered, and underserved individuals
15through system transformation. Through the program, the department shall find
16methods to more effectively reach and serve population groups that are underserved
17and disconnected from the labor force.
SB70-SSA2-SA1,144,2018 (b) During the 2023-25 fiscal biennium, of the moneys in the appropriation
19under s. 20.445 (1) (cm), the department shall allocate $4,500,000 in fiscal year
202023-24 for establishing and administering the program under par. (a).
SB70-SSA2-SA1,144,24 21(5) Implementation. (a) Duties. To implement this section, the department
22shall receive and review applications for grants under subs. (2) and (3) and prescribe
23the form, nature, and extent of the information that must be contained in an
24application for a grant under sub. (2) or (3).
SB70-SSA2-SA1,145,3
1(b) Powers. In addition to the duties described in par. (a), the department shall
2have all other powers necessary and convenient to implement this section, including
3the power to audit and inspect the records of grant recipients.
SB70-SSA2-SA1,253 4Section 253. 106.27 (title) of the statutes is amended to read:
SB70-SSA2-SA1,145,5 5106.27 (title) Workforce training program programs.
SB70-SSA2-SA1,254 6Section 254. 106.27 (1p) of the statutes is created to read:
SB70-SSA2-SA1,145,97 106.27 (1p) Wisconsin green jobs training program. (a) In this subsection,
8“green jobs” means jobs that produce goods or provide services that benefit the
9environment or conserve natural resources.
SB70-SSA2-SA1,145,1410 (b) From the appropriation under s. 20.445 (1) (bp), the department shall award
11grants to public or private organizations for the development and implementation
12of green jobs training programs in this state. As a condition of receiving a grant
13under this subsection, the department may require a public or private organization
14to provide matching funds at a percentage to be determined by the department.
SB70-SSA2-SA1,255 15Section 255. 106.27 (2g) (a) 1. of the statutes is amended to read:
SB70-SSA2-SA1,145,1816 106.27 (2g) (a) 1. Promulgate rules prescribing procedures and criteria for
17awarding grants under sub subs. (1) and (1p) and the information with respect to
18those grants that must be contained in the reports required under subd. 3.
SB70-SSA2-SA1,256 19Section 256. 106.27 (2g) (a) 2. of the statutes is amended to read:
SB70-SSA2-SA1,145,2320 106.27 (2g) (a) 2. Receive and review applications for grants under subs. (1),
21(1g), and (1j) (am), and (1p) and prescribe the form, nature, and extent of the
22information that must be contained in an application for a grant under sub. subs. (1),
23(1g), or (1j) (am), and (1p).
SB70-SSA2-SA1,257 24Section 257. 106.28 of the statutes is created to read:
SB70-SSA2-SA1,146,5
1106.28 Clean energy training and reemployment program. The
2department shall, from the appropriation under s. 20.445 (1) (bq), establish and
3administer a clean energy training and reemployment program to connect workers
4with employers and use other apprenticeship and technical college programs to
5deliver training for clean energy jobs.
SB70-SSA2-SA1,258 6Section 258. 106.29 of the statutes is created to read:
SB70-SSA2-SA1,146,11 7106.29 Workforce innovation grant program. (1) Workforce innovation
8grants.
The department shall, from the appropriation under s. 20.445 (1) (bw),
9establish and operate a program to provide grants to regional organizations to design
10and implement plans to address their region's workforce challenges that arose
11during or were exacerbated by the COVID-19 pandemic.
SB70-SSA2-SA1,146,15 12(2) Implementation. (a) Duties. To implement this section, the department
13shall receive and review applications for grants under sub. (1) and prescribe the
14form, nature, and extent of the information that must be contained in an application
15for a grant under sub. (1).
SB70-SSA2-SA1,146,1816 (b) Powers. In addition to the duties described in par. (a), the department shall
17have all other powers necessary and convenient to implement this section, including
18the power to audit and inspect the records of grant recipients.
SB70-SSA2-SA1,259 19Section 259. 106.54 (11) of the statutes is created to read:
SB70-SSA2-SA1,146,2220 106.54 (11) The division shall receive complaints under s. 103.135 (1) (a) and
21(2) (a) to (c) and shall process the complaints in the same manner that employment
22discrimination complaints are processed under s. 111.39.
SB70-SSA2-SA1,260 23Section 260. 108.04 (2) (h) of the statutes is amended to read:
SB70-SSA2-SA1,147,524 108.04 (2) (h) A claimant shall, when the claimant first files a claim for benefits
25under this chapter and during each subsequent week the claimant files for benefits

1under this chapter, inform the department whether he or she is receiving social
2security disability insurance payments, as defined in sub. (12) (f) 2m s. 108.05 (7m)
3(b). If the claimant is receiving social security disability insurance payments, the
4claimant shall, in the manner prescribed by the department, report to the
5department the amount of the social security disability insurance payments
.
SB70-SSA2-SA1,261 6Section 261. 108.04 (12) (f) 1m. and 2m. of the statutes are renumbered 108.05
7(7m) (a) and (b) and amended to read:
SB70-SSA2-SA1,147,108 108.05 (7m) (a) The intent of the legislature in enacting this paragraph
9subsection is to prevent the payment of duplicative government benefits for the
10replacement of lost earnings or income, regardless of an individual's ability to work.
SB70-SSA2-SA1,147,1311 (b) In this paragraph subsection, “ social security disability insurance payment"
12means a payment of social security disability insurance benefits under 42 USC ch.
137
subch. II.
SB70-SSA2-SA1,262 14Section 262. 108.04 (12) (f) 3. of the statutes is repealed.
SB70-SSA2-SA1,263 15Section 263. 108.04 (12) (f) 4. of the statutes is renumbered 108.05 (7m) (e).
SB70-SSA2-SA1,264 16Section 264. 108.05 (7m) (title), (c) and (d) of the statutes are created to read:
SB70-SSA2-SA1,147,1717 108.05 (7m) (title) Social security disability insurance payments.
SB70-SSA2-SA1,147,2218 (c) If a monthly social security disability insurance payment is issued to a
19claimant, the department shall reduce benefits otherwise payable to the claimant for
20a given week in accordance with par. (d). This subsection does not apply to a lump
21sum social security disability insurance payment in the nature of a retroactive
22payment or back pay.
SB70-SSA2-SA1,147,2523 (d) The department shall allocate a monthly social security disability insurance
24payment by allocating to each week the fraction of the payment attributable to that
25week.
SB70-SSA2-SA1,265
1Section 265. 108.05 (9) of the statutes is amended to read:
SB70-SSA2-SA1,148,52 108.05 (9) Rounding of benefit amounts. Notwithstanding sub. (1), benefits
3payable for a week of unemployment as a result of applying sub. (1m), (3) or, (7), or
4(7m)
or s. 108.04 (11) or (12), 108.06 (1), 108.13 (4) or (5) or 108.135 shall be rounded
5down to the next lowest dollar.
SB70-SSA2-SA1,266 6Section 266. 108.05 (10) (intro.) of the statutes is amended to read:
SB70-SSA2-SA1,148,107 108.05 (10) Deductions from benefit payments. (intro.) After calculating the
8benefit payment due to be paid for a week under subs. (1) to (7) (7m), the department
9shall make deductions from that payment to the extent that the payment is sufficient
10to make the following payments in the following order:
SB70-SSA2-SA1,267 11Section 267. 108.221 (1) (a) of the statutes is renumbered 108.221 (1) (a)
12(intro.) and amended to read:
SB70-SSA2-SA1,148,1813 108.221 (1) (a) (intro.) Any employer described in s. 108.18 (2) (c) or engaged
14in the painting or drywall finishing of buildings or other structures
who knowingly
15and intentionally provides false information to the department for the purpose of
16misclassifying or attempting to misclassify an individual who is an employee of the
17employer as a nonemployee shall, for each incident, be assessed a penalty by the
18department as follows:
SB70-SSA2-SA1,148,21 191. For each act occurring before the date of the first determination of a violation
20of this subsection, the employer shall be assessed a penalty
in the amount of $500
21for each employee who is misclassified, but not to exceed $7,500 per incident.
SB70-SSA2-SA1,268 22Section 268. 108.221 (1) (a) 2. of the statutes is created to read:
SB70-SSA2-SA1,149,3
1108.221 (1) (a) 2. For each act occurring after the date of the first determination
2of a violation of this subsection, the employer shall be assessed a penalty in the
3amount of $1,000 for each employee who is misclassified.
SB70-SSA2-SA1,269 4Section 269. 108.221 (2) of the statutes is renumbered 108.221 (2) (intro.) and
5amended to read:
SB70-SSA2-SA1,149,96 108.221 (2) (intro.) Any employer described in s. 108.18 (2) (c) or engaged in the
7painting or drywall finishing of buildings or other structures
who, through coercion,
8requires an individual to adopt the status of a nonemployee shall be assessed a
9penalty by the department as follows:
SB70-SSA2-SA1,149,12 10(a) For each act occurring before the date of the first determination of a
11violation of this subsection, the employer shall be assessed a penalty
in the amount
12of $1,000 for each individual so coerced, but not to exceed $10,000 per calendar year.
SB70-SSA2-SA1,270 13Section 270. 108.221 (2) (b) of the statutes is created to read:
SB70-SSA2-SA1,149,1614 108.221 (2) (b) For each act occurring after the date of the first determination
15of a violation of this subsection, the employer shall be assessed a penalty in the
16amount of $2,000 for each individual so coerced.
SB70-SSA2-SA1,271 17Section 271. 108.24 (2m) of the statutes is amended to read:
SB70-SSA2-SA1,150,518 108.24 (2m) Any employer described in s. 108.18 (2) (c) or engaged in the
19painting or drywall finishing of buildings or other structures
who, after having
20previously been assessed an administrative penalty by the department under s.
21108.221 (1), knowingly and intentionally provides false information to the
22department for the purpose of misclassifying or attempting to misclassify an
23individual who is an employee of the employer as a nonemployee shall be fined $1,000
24for each employee who is misclassified, subject to a maximum fine of $25,000 for each

1violation. The department may, regardless of whether an employer has been subject
2to any administrative assessment under s. 108.221 or any other penalty or
3assessment under this chapter,
refer violations of this subsection for prosecution by
4the department of justice or the district attorney for the county in which the violation
5occurred.
SB70-SSA2-SA1,272 6Section 272. 109.09 (1) of the statutes is amended to read:
SB70-SSA2-SA1,151,37 109.09 (1) The department shall investigate and attempt equitably to adjust
8controversies between employers and employees as to regarding alleged wage
9claims. The department may receive and investigate any wage claim that is filed
10with the department, or received by the department under s. 109.10 (4), no later than
112 years after the date the wages are due. The department may, after receiving a wage
12claim, investigate any wages due from the employer against whom the claim is filed
13to any employee during the period commencing 2 years before the date the claim is
14filed. The department shall enforce this chapter and s. ss. 66.0903, 2013 stats., s.
15103.49, 2013 stats., s. 229.8275, 2013 stats., and s. 16.856, 2015 stats., and ss.
103.02,
16103.49, 103.82, and 104.12 , and 229.8275. In pursuance of this duty, the department
17may sue the employer on behalf of the employee to collect any wage claim or wage
18deficiency and ss. 109.03 (6) and 109.11 (2) and (3) shall apply to such actions. Except
19for actions under s. 109.10, the department may refer such an action to the district
20attorney of the county in which the violation occurs for prosecution and collection and
21the district attorney shall commence an action in the circuit court having appropriate
22jurisdiction. Any number of wage claims or wage deficiencies against the same
23employer may be joined in a single proceeding, but the court may order separate
24trials or hearings. In actions that are referred to a district attorney under this
25subsection, any taxable costs recovered by the district attorney shall be paid into the

1general fund of the county in which the violation occurs and used by that county to
2meet its financial responsibility under s. 978.13 (2) (b) for the operation of the office
3of the district attorney who prosecuted the action.
SB70-SSA2-SA1,273 4Section 273. 109.09 (3) of the statutes is repealed.
SB70-SSA2-SA1,274 5Section 274. 111.01 of the statutes is created to read:
SB70-SSA2-SA1,151,8 6111.01 Declaration of policy. The public policy of the state as to employment
7relations and collective bargaining, in the furtherance of which this subchapter is
8enacted, is declared to be as follows:
SB70-SSA2-SA1,151,12 9(1) It recognizes that there are 3 major interests involved, namely: the public,
10the employee, and the employer. These 3 interests are to a considerable extent
11interrelated. It is the policy of the state to protect and promote each of these interests
12with due regard to the situation and to the rights of the others.
SB70-SSA2-SA1,152,2 13(2) Industrial peace, regular and adequate income for the employee, and
14uninterrupted production of goods and services are promotive of all of these
15interests. They are largely dependent upon the maintenance of fair, friendly, and
16mutually satisfactory employment relations and the availability of suitable
17machinery for the peaceful adjustment of whatever controversies may arise. It is
18recognized that certain employers, including farmers, farmer cooperatives, and
19unincorporated farmer cooperative associations, in addition to their general
20employer problems, face special problems arising from perishable commodities and
21seasonal production that require adequate consideration. It is also recognized that
22whatever may be the rights of disputants with respect to each other in any
23controversy regarding employment relations, they should not be permitted, in the
24conduct of their controversy, to intrude directly into the primary rights of 3rd parties

1to earn a livelihood, transact business, and engage in the ordinary affairs of life by
2any lawful means and free from molestation, interference, restraint, or coercion.
SB70-SSA2-SA1,152,7 3(3) Negotiations of terms and conditions of work should result from voluntary
4agreement between employer and employee. For the purpose of such negotiation an
5employee has the right, if the employee desires, to associate with others in organizing
6and bargaining collectively through representatives of the employee's own choosing,
7without intimidation or coercion from any source.
SB70-SSA2-SA1,152,14 8(4) It is the policy of the state, in order to preserve and promote the interests
9of the public, the employee, and the employer alike, to establish standards of fair
10conduct in employment relations and to provide a convenient, expeditious, and
11impartial tribunal by which these interests may have their respective rights and
12obligations adjudicated. While limiting individual and group rights of aggression
13and defense, the state substitutes processes of justice for the more primitive methods
14of trial by combat.
SB70-SSA2-SA1,275 15Section 275. 111.04 (1) and (2) of the statutes are consolidated, renumbered
16111.04 and amended to read:
SB70-SSA2-SA1,152,24 17111.04 Rights of employees. Employees shall have the right of
18self-organization and the right to form, join or assist labor organizations, to bargain
19collectively through representatives of their own choosing, and to engage in lawful,
20concerted activities for the purpose of collective bargaining or other mutual aid or
21protection. (2) Employees shall also have the right to refrain from self-organization;
22forming, joining, or assisting labor organizations; bargaining collectively through
23representatives; or engaging in activities for the purpose of collective bargaining or
24other mutual aid or protection
such activities.
SB70-SSA2-SA1,276 25Section 276. 111.04 (3) of the statutes is repealed.
SB70-SSA2-SA1,277
1Section 277. 111.06 (1) (c) of the statutes is amended to read:
SB70-SSA2-SA1,154,32 111.06 (1) (c) To encourage or discourage membership in any labor
3organization, employee agency, committee, association, or representation plan by
4discrimination in regard to hiring, tenure, or other terms or conditions of
5employment except in a collective bargaining unit where an all-union agreement is
6in effect. An employer may enter into an all-union agreement with the voluntarily
7recognized representative of the employees in a collective bargaining unit, where at
8least a majority of such employees voting have voted affirmatively, by secret ballot,
9in favor of the all-union agreement in a referendum conducted by the commission,
10except that where the bargaining representative has been certified by either the
11commission or the national labor relations board as the result of a representation
12election, no referendum is required to authorize the entry into an all-union
13agreement. An authorization of an all-union agreement continues, subject to the
14right of either party to the all-union agreement to petition the commission to conduct
15a new referendum on the subject. Upon receipt of the petition, if the commission
16determines there is reasonable ground to believe that the employees concerned have
17changed their attitude toward the all-union agreement, the commission shall
18conduct a referendum. If the continuance of the all-union agreement is supported
19on a referendum by a vote at least equal to that provided in this paragraph for its
20initial authorization, it may continue, subject to the right to petition for a further
21vote by the procedure under this paragraph. If the continuance of the all-union
22agreement is not supported on a referendum, it terminates at the expiration of the
23contract of which it is then a part or at the end of one year from the date of the
24announcement by the commission of the result of the referendum, whichever is
25earlier. The commission shall declare any all-union agreement terminated

1whenever it finds that the labor organization involved has unreasonably refused to
2receive as a member any employee of such employer. An interested person may, as
3provided in s. 111.07, request the commission to perform this duty
.
SB70-SSA2-SA1,278 4Section 278. 111.06 (1) (e) of the statutes is amended to read:
SB70-SSA2-SA1,154,75 111.06 (1) (e) To bargain collectively with the representatives of less than a
6majority of the employer's employees in a collective bargaining unit, or to enter into
7an all-union agreement except in the manner provided in par. (c).
SB70-SSA2-SA1,279 8Section 279. 111.06 (1) (i) of the statutes is amended to read:
SB70-SSA2-SA1,154,159 111.06 (1) (i) To deduct labor organization dues or assessments from an
10employee's earnings, unless the employer has been presented with an individual
11order therefor, signed by the employee personally, and terminable at the end of any
12year of its life
by the employee giving to the employer at least 30 days' written notice
13of the termination. This paragraph applies to the extent permitted under federal law
14unless there is an all-union agreement in effect. The employer shall give notice to
15the labor organization of receipt of a notice of termination
.
SB70-SSA2-SA1,280 16Section 280. 111.31 (1) of the statutes is amended to read:
SB70-SSA2-SA1,155,817 111.31 (1) The legislature finds that the practice of unfair discrimination in
18employment against properly qualified individuals by reason of their age, race,
19creed, color, disability, marital status, sex, national origin, ancestry, sexual
20orientation, gender expression, gender identity, arrest record, conviction record,
21military service, use or nonuse of lawful products off the employer's premises during
22nonworking hours, or declining to attend a meeting or to participate in any
23communication about religious matters or political matters, substantially and
24adversely affects the general welfare of the state. Employers, labor organizations,
25employment agencies, and licensing agencies that deny employment opportunities

1and discriminate in employment against properly qualified individuals solely
2because of their age, race, creed, color, disability, marital status, sex, national origin,
3ancestry, sexual orientation, gender expression, gender identity, arrest record,
4conviction record, military service, use or nonuse of lawful products off the
5employer's premises during nonworking hours, or declining to attend a meeting or
6to participate in any communication about religious matters or political matters,
7deprive those individuals of the earnings that are necessary to maintain a just and
8decent standard of living.
SB70-SSA2-SA1,281 9Section 281. 111.31 (2) of the statutes is amended to read:
SB70-SSA2-SA1,155,2210 111.31 (2) It is the intent of the legislature to protect by law the rights of all
11individuals to obtain gainful employment and to enjoy privileges free from
12employment discrimination because of age, race, creed, color, disability, marital
13status, sex, national origin, ancestry, sexual orientation, gender expression, gender
14identity,
arrest record, conviction record, military service, use or nonuse of lawful
15products off the employer's premises during nonworking hours, or declining to
16attend a meeting or to participate in any communication about religious matters or
17political matters, and to encourage the full, nondiscriminatory utilization of the
18productive resources of the state to the benefit of the state, the family, and all the
19people of the state. It is the intent of the legislature in promulgating this subchapter
20to encourage employers to evaluate an employee or applicant for employment based
21upon the individual qualifications of the employee or applicant rather than upon a
22particular class to which the individual may belong.
SB70-SSA2-SA1,282 23Section 282. 111.31 (3) of the statutes is amended to read:
SB70-SSA2-SA1,156,924 111.31 (3) In the interpretation and application of this subchapter, and
25otherwise, it is declared to be the public policy of the state to encourage and foster

1to the fullest extent practicable the employment of all properly qualified individuals
2regardless of age, race, creed, color, disability, marital status, sex, national origin,
3ancestry, sexual orientation, gender expression, gender identity, arrest record,
4conviction record, military service, use or nonuse of lawful products off the
5employer's premises during nonworking hours, or declining to attend a meeting or
6to participate in any communication about religious matters or political matters.
7Nothing in this subsection requires an affirmative action program to correct an
8imbalance in the work force. This subchapter shall be liberally construed for the
9accomplishment of this purpose.
SB70-SSA2-SA1,283 10Section 283. 111.32 (7j) of the statutes is created to read:
SB70-SSA2-SA1,156,1311 111.32 (7j) “Gender expression” means an individual's actual or perceived
12gender-related appearance, behavior, or expression, regardless of whether these
13traits are stereotypically associated with the individual's assigned sex at birth.
SB70-SSA2-SA1,284 14Section 284. 111.32 (7k) of the statutes is created to read:
SB70-SSA2-SA1,156,1615 111.32 (7k) “Gender identity” means an individual's internal understanding
16of the individual's gender, or the individual's perceived gender identity.
SB70-SSA2-SA1,285 17Section 285. 111.321 of the statutes is amended to read:
SB70-SSA2-SA1,157,2 18111.321 Prohibited bases of discrimination. Subject to ss. 111.33 to
19111.365, no employer, labor organization, employment agency, licensing agency, or
20other person may engage in any act of employment discrimination as specified in s.
21111.322 against any individual on the basis of age, race, creed, color, disability,
22marital status, sex, national origin, ancestry, sexual orientation, gender expression,
23gender identity,
arrest record, conviction record, military service, use or nonuse of
24lawful products off the employer's premises during nonworking hours, or declining

1to attend a meeting or to participate in any communication about religious matters
2or political matters.
SB70-SSA2-SA1,188r 3Section 188r. 111.322 (2m) (a) of the statutes is amended to read:
SB70-SSA2-SA1,157,74 111.322 (2m) (a) The individual files a complaint or attempts to enforce any
5right under s. 103.02, 103.10, 103.105, 103.11, 103.13, 103.28, 103.32, 103.34,
6103.455, 103.50, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55, or ss. 101.58 to
7101.599 or 103.64 to 103.82.
SB70-SSA2-SA1,188s 8Section 188s. 111.322 (2m) (a) of the statutes, as affected by 2023 Wisconsin
9Act .... (this act), is amended to read:
SB70-SSA2-SA1,157,1310 111.322 (2m) (a) The individual files a complaint or attempts to enforce any
11right under s. 103.02, 103.10, 103.105, 103.11, 103.13, 103.135, 103.28, 103.32,
12103.34, 103.455, 103.50, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55, or ss.
13101.58 to 101.599 or 103.64 to 103.82.
SB70-SSA2-SA1,188t 14Section 188t. 111.322 (2m) (b) of the statutes is amended to read:
Loading...
Loading...