AB64,1399 19Section 1399. 106.27 (1) (b) of the statutes is created to read:
AB64,655,2120 106.27 (1) (b) 1. Grants for programs that train teachers and that train
21individuals to become teachers, including teachers in dual enrollment programs.
AB64,655,2222 2. In this paragraph:
AB64,656,223 a. “Dual enrollment program" means a program or course of study designed to
24provide high school students the opportunity to gain credits in both technical college

1and high school, including transcripted credit programs or other educational
2services provided by contract between a school district and a technical college.
AB64,656,33 b. “Teacher” includes an instructor at a technical college under ch. 38.
AB64,1400 4Section 1400 . 106.27 (1) (c) of the statutes is created to read:
AB64,656,65 106.27 (1) (c) Grants for the development of public-private partnerships
6designed to improve workforce retention through employee support and training.
AB64,1401 7Section 1401 . 106.27 (1) (d) of the statutes is created to read:
AB64,656,108 106.27 (1) (d) Grants to nonprofit organizations, institutions of higher
9education, as defined in 20 USC 1001 (a) and (b), and employers to increase the
10number of students who are placed with employers for internships.
AB64,1402 11Section 1402 . 106.27 (1) (e) of the statutes is created to read:
AB64,656,1412 106.27 (1) (e) Grants to community-based organizations for public-private
13partnerships to create and implement a nursing training program for middle school
14and high school students.
AB64,1403 15Section 1403. 106.27 (1j) of the statutes is created to read:
AB64,656,1816 106.27 (1j) Workforce training program; mobile classrooms. (a) Of the
17amounts appropriated under s. 20.445 (1) (b), the department may allocate all of the
18following amounts:
AB64,656,2019 1. Up to $1,000,000 for grants to fund the creation and operation of mobile
20classrooms.
AB64,656,2221 2. Up to $50,000 in each fiscal year for grants to fund the upkeep and
22maintenance of the mobile classrooms described under subd. 1.
AB64,656,2523 (b) The mobile classrooms described under par. (a) 1. shall be used to provide
24job skills training to individuals in underserved areas of this state, including inmates
25at correctional facilities who are preparing for reentry into the workforce.
AB64,657,6
1(c) Grant money awarded under par. (a) 1. may be used by the grant recipient
2to purchase capital equipment, such as a mobile or modular unit, that will be used
3as a mobile classroom, including costs to modify the equipment to make it suitable
4for classroom instruction, and to purchase and install any furniture, equipment, and
5supplies necessary or desirable for outfitting the mobile classroom for the job skills
6training that will be provided in the mobile classroom.
AB64,1404 7Section 1404 . 106.27 (1r) of the statutes is amended to read:
AB64,657,128 106.27 (1r) Student internship coordination. From the appropriation under
9s. 20.445 (1) (b), the department shall provide coordination between nonprofit
10organizations and
institutions of higher education, as defined in 20 USC 1001 (a) and
11(b), and employers to increase the number of students who are placed with employers
12for internships.
AB64,1405 13Section 1405. 106.27 (2g) (a) 2. of the statutes is amended to read:
AB64,657,1614 106.27 (2g) (a) 2. Receive and review applications for grants under subs. (1)
15and, (1g), and (1j) and prescribe the form, nature, and extent of the information that
16must be contained in an application for a grant under sub. (1) or, (1g), or (1j).
AB64,1406 17Section 1406. 106.27 (3) of the statutes is amended to read:
AB64,658,1318 106.27 (3) Annual report. Annually, by December 31, the department shall
19submit a report to the governor and the cochairpersons of the joint committee on
20finance providing an account of the department's activities and expenditures under
21this section during the preceding fiscal year and detailing the amounts allocated to
22and expended for each of the programs, grants, and services specified in s. 20.445 (1)
23(b) and (bm) for that fiscal year. The report shall include information on the number
24of unemployed and underemployed workers and incumbent employees who
25participate in training programs under sub. (1) or (1j); the number of unemployed

1workers who obtain gainful employment, underemployed workers who obtain new
2employment, and incumbent employees who receive increased compensation after
3participating in such a training program; and the wages earned by those workers and
4employees both before and after participating in such a training program. The report
5shall also include information on the extent to which waiting lists for enrollment in
6courses and programs provided by technical colleges in high-demand fields are
7reduced as a result of grants under sub. (1g) (a), on the number of high school pupils
8students who participate in certification or training programs under sub. (1) (a) or
9(e) or
(1g) (b), and on the number of persons with disabilities who participate in
10employment enhancement activities under sub. (1g) (c). In addition, the report shall
11provide information on the number of student interns who are placed with employers
12as a result of the coordination activities conducted under sub. (1r) or the grants
13awarded under sub. (1) (d)
.
AB64,1407 14Section 1407 . 106.272 of the statutes is created to read:
AB64,658,18 15106.272 Teacher development program grants. (1) From the
16appropriation under s. 20.445 (1) (b), the department shall award grants to a school
17district that has partnered with one of the following entities to design and implement
18a teacher development program:
AB64,658,1919 (a) A school of education in the University of Wisconsin System.
AB64,658,2120 (b) The flexible option program in the University of Wisconsin System
21Extension.
AB64,658,23 22(2) In awarding a grant under this section, the department shall do all of the
23following:
AB64,658,2524 (a) Consult with the department of public instruction to confirm that the
25teacher development program satisfies the requirements under s. 118.196 (2).
AB64,659,3
1(b) Consider the methods by which the school district and partnering entity
2under sub. (1) will make the teacher development program affordable to
3participating employees.
AB64,659,54 (c) Consider whether the school district has agreed to contribute matching
5funds towards the teacher development program.
AB64,1408 6Section 1408 . 106.52 (1) (a) of the statutes is renumbered 106.52 (1) (ar).
AB64,1409 7Section 1409 . 106.52 (1) (ag) of the statutes is created to read:
AB64,659,98 106.52 (1) (ag) “Administrator” means the administrator of the division of
9equal rights.
AB64,1410 10Section 1410 . 106.52 (4) (a) 4. of the statutes is amended to read:
AB64,660,1811 106.52 (4) (a) 4. If the department finds probable cause to believe that any act
12prohibited under sub. (3) has been or is being committed, the department may
13endeavor to eliminate the act by conference, conciliation, and persuasion. If the
14department determines that such conference, conciliation, and persuasion has not
15eliminated the alleged act prohibited under sub. (3), the department shall issue and
16serve a written notice of hearing, specifying the nature and acts prohibited under
17sub. (3) which that appear to have been committed, and requiring the person named,
18in this subsection called the “respondent", to answer the complaint at a hearing
19before an examiner. The notice shall specify a time of hearing, not less than 10 days
20after service of the complaint, and a place of hearing within the county in which the
21violation of sub. (3) is alleged to have occurred. The attorney of record for any party
22may issue a subpoena to compel the attendance of a witness or the production of
23evidence. A subpoena issued by an attorney must be in substantially the same form
24as provided in s. 805.07 (4) and must be served in the manner provided in s. 805.07
25(5). The attorney shall, at the time of issuance, send a copy of the subpoena to the

1appeal tribunal examiner or other representative of the department responsible for
2conducting the proceeding. The testimony at the hearing shall be recorded by the
3department. In all hearings before an examiner, except those for determining
4probable cause, the burden of proof is on the party alleging an act prohibited under
5sub. (3). If, after the hearing, the examiner finds by a fair preponderance of the
6evidence that the respondent has violated sub. (3), the examiner shall make written
7findings and order such action by the respondent as will effectuate the purpose of this
8subsection and sub. (3). The department shall serve a certified copy of the examiner's
9findings and order on the respondent and complainant. The order shall have the
10same force as other orders of the department and shall be enforced as provided in this
11subsection, except that the enforcement of the order is automatically stayed upon the
12filing of a petition for review with the commission by the administrator under par.
13(b)
. If the examiner finds that the respondent has not engaged in an act prohibited
14under sub. (3) as alleged in the complaint, the department shall serve a certified copy
15of the examiner's findings on the complainant and the respondent together with an
16order dismissing the complaint. If the complaint is dismissed, costs in an amount not
17to exceed $100 plus actual disbursements for the attendance of witnesses may be
18assessed against the department in the discretion of the department.
AB64,1411 19Section 1411 . 106.52 (4) (b) 1. of the statutes is amended to read:
AB64,660,2320 106.52 (4) (b) 1. A respondent or complainant who is dissatisfied with the
21findings and order of the examiner under par. (a) may file a written petition with the
22department for review by the commission of the findings and order by the
23administrator
.
AB64,1412 24Section 1412 . 106.52 (4) (b) 2. of the statutes is amended to read:
AB64,661,7
1106.52 (4) (b) 2. The commission administrator shall either reverse, modify, set
2aside, or affirm the findings and order in whole or in part, or direct the taking of
3additional evidence. Such action shall be based on a review of the evidence
4submitted. If the commission department is satisfied that a respondent or
5complainant has been prejudiced because of exceptional delay in the receipt of a copy
6of any findings and order it may extend the time another 21 days for filing the
7petition with the department.
AB64,1413 8Section 1413 . 106.52 (4) (b) 3. of the statutes is amended to read:
AB64,661,169 106.52 (4) (b) 3. On motion, the commission administrator may set aside,
10modify, or change any decision made by the commission administrator, at any time
11within 28 days from the date thereof if it discovers any mistake therein, or upon the
12grounds of newly discovered evidence. The commission administrator may on its
13own motion, for reasons it deems sufficient, set aside any final decision of the
14commission
administrator within one year from the date thereof upon grounds of
15mistake or newly discovered evidence, and remand the case to the department for
16further proceedings.
AB64,1414 17Section 1414 . 106.52 (4) (c) of the statutes is amended to read:
AB64,662,318 106.52 (4) (c) Judicial review. Within 30 days after service upon all parties of
19an order of the commission a decision of the administrator under par. (b), the
20respondent or complainant may appeal the order to the circuit court for the county
21in which the alleged act prohibited under sub. (3) took place by the filing of a petition
22for review. The respondent or complainant shall receive a new trial on all issues
23relating to any alleged act prohibited under sub. (3) and a further right to a trial by
24jury, if so desired. The department of justice shall represent the commission
25department. In any such trial the burden shall be to prove an act prohibited under

1sub. (3) by a fair preponderance of the evidence. Costs in an amount not to exceed
2$100 plus actual disbursements for the attendance of witnesses may be taxed to the
3prevailing party on the appeal.
AB64,1415 4Section 1415 . 106.56 (4) (a) of the statutes is amended to read:
AB64,662,105 106.56 (4) (a) The department shall receive and investigate complaints
6charging discrimination or discriminatory practices in particular cases, and
7publicize its findings with respect thereto to those complaints. The department has
8all powers provided under s. 111.39 with respect to the disposition of such
9complaints. The findings and orders of examiners may be reviewed by the
10administrator
as provided under s. 106.52 (4) (b).
AB64,1416 11Section 1416 . 106.56 (4) (b) of the statutes is amended to read:
AB64,662,1512 106.56 (4) (b) Findings Following review by the administrator under s. 106.52
13(4) (b), findings
and orders of the commission under this section are subject to judicial
14review under ch. 227. Upon such review, the department of justice shall represent
15the commission department.
AB64,1417 16Section 1417 . 108.02 (1m) of the statutes is created to read:
AB64,662,1817 108.02 (1m) Administrator. “Administrator” means the administrator of the
18division of the department that is responsible for administering this chapter.
AB64,1418 19Section 1418. 108.02 (7) of the statutes is repealed.
AB64,1419 20Section 1419. 108.04 (13) (f) of the statutes is amended to read:
AB64,663,621 108.04 (13) (f) If benefits are erroneously paid because the employer fails to file
22a report required by this chapter, the employer fails to provide correct and complete
23information on the report, the employer fails to object to the benefit claim under s.
24108.09 (1), the employer fails to provide correct and complete information requested
25by the department during a fact-finding investigation, unless an appeal tribunal,

1the commission administrator, or a court of competent jurisdiction finds that the
2employer had good cause for the failure to provide the information, or the employer
3aids and abets the claimant in an act of concealment as provided in sub. (11), the
4employer is at fault. If benefits are erroneously paid because an employee commits
5an act of concealment as provided in sub. (11) or fails to provide correct and complete
6information to the department, the employee is at fault.
AB64,1420 7Section 1420 . 108.09 (4) (f) 2. (intro.) of the statutes is amended to read:
AB64,663,118 108.09 (4) (f) 2. (intro.) Unless a party or the department has filed a timely
9petition for review of the appeal tribunal decision by the commission administrator
10under sub. (6)
, the appeal tribunal may set aside or amend an appeal tribunal
11decision, or portion thereof, at any time if the appeal tribunal finds that:
AB64,1421 12Section 1421 . 108.09 (4) (f) 3. of the statutes is amended to read:
AB64,663,1913 108.09 (4) (f) 3. Unless a party or the department has filed a timely petition for
14review of the appeal tribunal decision by the commission administrator under sub.
15(6)
, the appeal tribunal may, within 2 years after the date of the decision, reopen its
16decision if it has reason to believe that a party offered false evidence or a witness gave
17false testimony on an issue material to its decision. Thereafter, and after receiving
18additional evidence or taking additional testimony, the same or another appeal
19tribunal may set aside its original decision, make new findings, and issue a decision.
AB64,1422 20Section 1422 . 108.09 (5) (b) of the statutes is amended to read:
AB64,664,321 108.09 (5) (b) All testimony at any hearing under this section shall be recorded
22by electronic means, but need not be transcribed unless either of the parties requests
23a transcript before expiration of that party's right to further appeal under this
24section and pays a fee to the commission department in advance, the amount of which
25shall be established by rule of the commission department. When the commission

1department provides a transcript to one of the parties upon request, the commission
2department shall also provide a copy of the transcript to all other parties free of
3charge. The transcript fee collected shall be paid to the administrative account.
AB64,1423 4Section 1423 . 108.09 (5) (d) of the statutes is renumbered 108.09 (6) (bm) and
5amended to read:
AB64,664,106 108.09 (6) (bm) In its review of the decision of an appeal tribunal, the
7commission
administrator shall use the electronic recording of the hearing or a
8written synopsis of the testimony or shall use a transcript of the hearing prepared
9under the direction of the department or commission and shall also use any other
10evidence taken at the hearing.
AB64,1424 11Section 1424 . 108.09 (6) of the statutes is amended to read:
AB64,664,2112 108.09 (6) Commission review Review by division administrator. (a) The
13department or any party may petition the commission for review of an appeal
14tribunal decision by the administrator, pursuant to rules promulgated by the
15commission department under par. (e), if the petition is received by the commission
16department or postmarked within 21 days after the appeal tribunal decision was
17electronically delivered to the party or mailed to the party's last-known address. The
18commission shall dismiss any
A petition shall be dismissed if not timely filed unless
19the petitioner shows good cause that the reason for having failed to file the petition
20timely was beyond the control of the petitioner. If the petition is not dismissed, the
21commission administrator may take action under par. (d).
AB64,664,2522 (b) Within 28 days after a decision of the commission administrator is
23electronically delivered or mailed to the parties, the commission administrator may,
24on its own motion, set aside the decision for further consideration and take action
25under par. (d).
AB64,665,10
1(c) On its own motion, for reasons it deems sufficient, the commission
2administrator may set aside any final determination of the department or appeal
3tribunal or commission decision within 2 years after the date thereof upon grounds
4of mistake or newly discovered evidence, and take action under par. (d). The
5commission
administrator may set aside any final determination of the department
6or any decision of an appeal tribunal or of the commission administrator at any time,
7and take action under par. (d), if the benefits paid or payable to a claimant have been
8affected by wages earned by the claimant that have not been paid, and the
9commission is provided with notice from the appropriate state or federal court or
10agency that a wage claim for those wages will not be paid in whole or in part.
AB64,665,1511 (d) In any case before the commission administrator for action under this
12subsection, the commission administrator may affirm, reverse, modify, or set aside
13the decision on the basis of the evidence previously submitted; order the taking of
14additional evidence as to such matters as it may direct; or remand the matter to the
15department for further proceedings.
AB64,1425 16Section 1425 . 108.09 (6) (e) of the statutes is created to read:
AB64,665,1817 108.09 (6) (e) The department may promulgate any rules necessary to provide
18for reviews of appeal tribunal decisions by the administrator under this subsection.
AB64,1426 19Section 1426 . 108.09 (7) (a), (b), (c), (dm), (e) and (f) of the statutes are
20amended to read:
AB64,666,721 108.09 (7) (a) Any party that is not the department may commence an action
22for the judicial review of a decision of the commission administrator under this
23chapter after exhausting the remedies provided under this section. The department
24may commence an action for the judicial review of a commission decision of the
25administrator
under this section, but the department is not required to have been

1a party to the proceedings before the commission review by the administrator or to
2have exhausted the remedies provided under this section. In an action commenced
3under this section by a party that is not the department, the department shall be a
4defendant and shall be named as a party in the complaint commencing the action.
5If a plaintiff fails to name either name the department or the commission as
6defendants and a defendant or serve the commission department as required by this
7subsection, the court shall dismiss the action.
AB64,666,158 (b) Any judicial review under this chapter shall be confined to questions of law
9and shall be in accordance with this subsection. In any such judicial action, the
10commission department may appear by any licensed attorney who is a salaried
11employee of the commission department and has been designated by it for that
12purpose, or, at the commission's department's request, by the department of justice.
13In any such judicial action, the department may appear by any licensed attorney who
14is a salaried employee of the department and has been designated by it for that
15purpose.
AB64,667,416 (c) 1. The findings of fact made by the commission an appeal tribunal acting
17within its powers shall, in the absence of fraud, be conclusive. The order of the
18commission
administrator is subject to review only as provided in this subsection and
19not under ch. 227 or s. 801.02. Within 30 days after the date of an order made by the
20commission
administrator, any party or the department may, by serving a complaint
21as provided in subd. 3. and filing the summons and complaint with the clerk of the
22circuit court, commence an action against the commission for judicial review of the
23order. In an action for judicial review of a commission an order of the administrator,
24every other party to the proceedings before the commission administrator shall be
25made a defendant. The department shall also be made a defendant if the department

1is not the plaintiff. If the circuit court is satisfied that a party in interest has been
2prejudiced because of an exceptional delay in the receipt of a copy of any order, the
3circuit court may extend the time in which an action may be commenced by an
4additional 30 days.
AB64,667,125 2. Except as provided in this subdivision, the proceedings shall be in the circuit
6court of the county where the plaintiff resides, except that if the plaintiff is the
7department, the proceedings shall be in the circuit court of the county where a
8defendant other than the commission resides if there is such a county. The
9proceedings may be brought in any circuit court if all parties appearing in the case
10agree or if the court, after notice and a hearing, so orders. Commencing an action
11in a county in which no defendant resides does not deprive the court of competency
12to proceed to judgment on the merits of the case.
AB64,667,1913 3. In such an action, a complaint shall be served with an authenticated copy
14of the summons. The complaint need not be verified, but shall state the grounds upon
15which a review is sought. Service upon the commission department or an agent
16authorized by the commission department to accept service constitutes complete
17service on all parties, but there shall be left with the person so served as many copies
18of the summons and complaint as there are defendants, and the commission
19department shall mail one copy to each other defendant.
AB64,667,2420 4. Each defendant shall serve its answer within 20 days after the service upon
21the commission department under subd. 3., which answer may, by way of
22counterclaim or cross complaint, ask for the review of the order referred to in the
23complaint, with the same effect as if the defendant had commenced a separate action
24for the review of the order.
AB64,668,10
15. Within 60 days after appearing in an action for judicial review, the
2commission department shall make return to the court of all documents and
3materials on file in the matter, all testimony that has been taken, and the
4commission's administrator's order and findings. Such return of the commission
5department, when filed in the office of the clerk of the circuit court, shall constitute
6a judgment roll in the action, and it shall not be necessary to have a transcript
7approved. After the commission department makes return of the judgment roll to
8the court, the court shall schedule briefing by the parties. Any party may request
9oral argument before the court, subject to the provisions of law for a change of the
10place of trial or the calling in substitution of another judge.
AB64,668,1211 6. The court may confirm or set aside the commission's administrator's order,
12but may set aside the order only upon one or more of the following grounds:
AB64,668,1413 a. That the commission appeal tribunal or the administrator acted without or
14in excess of its powers.
AB64,668,1515 b. That the order decision was procured by fraud.
AB64,668,1716 c. That the findings of fact by the commission appeal tribunal do not support
17the order.
AB64,668,2018 (dm) The court shall disregard any irregularity or error of the commission
19appeal tribunal, the administrator, or the department unless it is made to
20affirmatively appear that a party was damaged by that irregularity or error.
AB64,668,2321 (e) The record in any case shall be transmitted to the commission department
22within 5 days after expiration of the time for appeal from the order or judgment of
23the court, unless an appeal is taken from the order or judgment.
AB64,669,524 (f) If the commission's order depends on any fact found by the commission, the
25The court shall not substitute its judgment for that of the commission appeal

1tribunal
as to the weight or credibility of the evidence on any finding of fact. The
2court may, however, set aside the commission's administrator's order and remand the
3case to the commission if the commission's order depends on any material and
4controverted finding of fact that is not supported by credible and substantial
5evidence.
AB64,1427 6Section 1427. 108.09 (7) (h) and (i) of the statutes are amended to read:
AB64,669,97 108.09 (7) (h) The clerk of any court rendering a decision affecting a decision
8of the commission
under this section shall promptly furnish all parties a copy of the
9decision without charge.
AB64,669,1510 (i) No fees may be charged by the clerk of any circuit court for the performance
11of any service required by this chapter, except for the entry of judgments and for
12certified transcripts of judgments. In proceedings to review an order under this
13section, costs as between the parties shall be in the discretion of the court.
14Notwithstanding s. 814.245, no costs may be taxed against the commission or the
15department.
AB64,1428 16Section 1428 . 108.09 (9) (a) of the statutes is amended to read:
AB64,669,2117 108.09 (9) (a) Benefits shall be paid promptly in accordance with the
18department's determination or the decision of an appeal tribunal, the commission
19administrator, or a reviewing court, notwithstanding the pendency of the period to
20request a hearing, to file a petition for commission review by the administrator, or
21to commence judicial action or the pendency of any such hearing, review , or action.
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