101.143 (6) of the statutes is renumbered 292.63 (6).
101.143 (6s) of the statutes is renumbered 292.63 (6s).
101.143 (7) of the statutes is renumbered 292.63 (7).
101.143 (7m) of the statutes is renumbered 292.63 (7m).
101.143 (9) of the statutes is renumbered 292.63 (9).
101.143 (9m) of the statutes is renumbered 292.63 (9m).
101.143 (10) of the statutes is renumbered 292.63 (10).
101.1435 of the statutes is renumbered 292.64, and 292.64 (1) (b) and (2) (b), as renumbered, are amended to read:
292.64 (1) (b) "Underground petroleum product storage tank system" has the meaning given in s. 101.143 292.63 (1) (i).
(2) (b) Using the method that the department uses to determine inability to pay under s. 101.143 292.63 (4) (ee), the department determines that the owner of the underground petroleum product storage tank system is unable to pay to empty, clean, remove, and dispose of the underground petroleum product storage tank system; to assess the site on which the underground petroleum product storage tank system is located; and to backfill the excavation.
101.144 of the statutes is repealed.
101.147 of the statutes is repealed.
101.1472 of the statutes is created to read:
101.1472 Contractor regulation. (1) In this section:
(a) "Construction work" means construction, renovation, improvements, remodeling, installations, alterations, repairs, or demolition activities.
(b) "License" means a license, a permit, or a certificate of certification or registration.
(2) The department may not promulgate or enforce any rule that requires that a person who is engaged, or who offers to be engaged, in a business to do construction work hold a license issued under this chapter or ch. 145 unless the rule relates to a license specifically required by this chapter or ch. 145.
101.19 (1g) (m) of the statutes is repealed.
101.19 (1r) of the statutes is amended to read:
101.19 (1r) Notwithstanding subs. (1g) and (1m), the department shall waive any fee imposed on an individual who is eligible for the veterans fee waiver program under s. 45.44 for a license, permit, or certificate of certification or registration issued by the department under ss. 101.09 (3) (c), s. 101.122 (2) (c), 101.143 (2) (g), 101.147, 101.15 (2) (e), 101.16 (3g), 101.17, 101.177 (4) (a), 101.178 (2) or (3) (a), 101.63 (2) or (2m), 101.653, 101.73 (5) or (6), 101.82 (1m), (1v), and (2), 101.935, 101.95, 101.951, 101.952, 101.985 (1) to (3), 145.02 (4), 145.035, 145.045, 145.07 (12), 145.15, 145.16, 145.165, 145.17, 145.175, 145.18, or 167.10 (6m).
101.45 of the statutes is renumbered 16.956.
101.575 (4) (a) 1. of the statutes is amended to read:
101.575 (4) (a) 1. The department determines that the city, village, town or fire department is in substantial compliance with sub. (6) and s. ss. 101.14 (2) and 101.141 (1) and (2). The department shall establish by rule the meaning of "substantial compliance" for purposes of this subdivision.
101.575 (4) (a) 2. of the statutes is amended to read:
101.575 (4) (a) 2. The city, village or town has submitted a form which is signed by the clerk of the city, village or town and by the chief of the fire department providing fire protection to that city, village or town, which is provided by the department by rule and which certifies that the fire department is in substantial compliance with this section or the department has audited the city, village, town or fire department and determined that it is in substantial compliance with sub. (6) and s. ss. 101.14 (2) and 101.141 (1) and (2). The department shall establish by rule the meaning of "substantial compliance" for purposes of this subdivision.
101.653 (2m) of the statutes is amended to read:
101.653 (2m) Rules for administration. The department shall promulgate rules for the administration of construction site erosion control under this subchapter by counties, cities, villages and towns, including provisions regarding the issuance of building permits and the collection and distribution of fees.
101.653 (8) of the statutes is created to read:
101.653 (8) Inapplicability. This section does not apply to a construction site that has a land disturbance area that is one acre or more in area.
101.983 (2) (title) of the statutes is amended to read:
101.983 (2) (title) Operation; inspections.
101.983 (2) (e) of the statutes is created to read:
101.983 (2) (e) Exemption. This subsection does not apply to elevators or dumbwaiters that serve individual residential dwelling units.
101.983 (3) of the statutes is created to read:
101.983 (3) Inspections; individual residential dwelling units. No owner of a residence may sell or otherwise transfer an individual residential dwelling unit that is served by a dumbwaiter or an elevator unless the owner provides the purchaser or transferee, prior to the sale or transfer of the property, with an inspection report from an elevator inspector licensed under s. 101.985 (3) that indicates that the dumbwaiter or elevator complies with this subchapter and any applicable rules promulgated under this subchapter.
102.07 (17m) of the statutes is amended to read:
102.07 (17m) A participant in a trial employment match program job under s. 49.147 (3) is an employee of any employer under this chapter for whom the participant is performing service at the time of the injury.
102.75 (1m) of the statutes is amended to read:
102.75 (1m) The moneys collected under sub. (1) and under ss. 102.28 (2) and 102.31 (7), together with all accrued interest, shall constitute a separate nonlapsible fund designated as the worker's compensation operations fund. Moneys in the fund may be expended only as provided in s. 20.445 (1) (ra), (rb), and (rp) and (2) (ra) and may not be used for any other purpose of the state.
106.32 of the statutes is created to read:
106.32 Veteran employment grants. (1)
Definitions. In this section:
(a) "Disabled veteran" means a veteran who is verified by the department of veterans affairs to have a service-connected disability rating of at least 50 percent under 38 USC 1114
(b) "Full-time job" means a regular, nonseasonal full-time position in which an individual, as a condition of employment, is required to work at least 2,080 hours per year, including paid leave and holidays.
(c) "Part-time job" means a regular, nonseasonal part-time position in which an individual, as a condition of employment, is required to work fewer than 2,080 hours per year, including paid leave and holidays.
(d) "Veteran" means a person who is verified by the department of veterans affairs to have served on active duty under honorable conditions in the U.S. armed forces, in forces incorporated as part of the U.S. armed forces, in the national guard, or in a reserve component of the U.S. armed forces.
(2) Grants. (a) Beginning on the effective date of this paragraph .... [LRB inserts date], from the appropriation account under s. 20.445 (1) (q), the department shall award a grant in any of the following amounts to any person who hires a disabled veteran to work at a business in this state:
1. For each disabled veteran the person hires in the calendar year to work a full-time job at the person's business in this state, $4,000 in the calendar year in which the disabled veteran is hired and $2,000 in each of the 3 calendar years following the calendar year in which the disabled veteran is hired.
2. Subject to sub. (3) (c), for each disabled veteran the person hires in the calendar year to work a part-time job at the person's business in this state, $2,000 in the calendar year in which the disabled veteran is hired and $1,000 in each of the 3 calendar years following the calendar year in which the disabled veteran is hired.
(b) A person shall apply for a grant under this section in the manner prescribed by the department.
(3) Limitations. (a) The department shall not pay a grant to an applicant in any calendar year in which the disabled veteran voluntarily or involuntarily leaves his or her employment with the applicant.
(b) The department shall pay a grant under this section only for hiring a disabled veteran who has received unemployment compensation benefits for at least one week prior to being hired by the applicant, who was receiving such benefits at the time that he or she was hired by the applicant, and who was eligible to receive such benefits at the time the benefits were paid.
(c) The department shall determine the amount of the grant under sub. (2) (a) 2. as follows:
1. Divide the number of hours that the disabled veteran worked for the applicant during the calendar year by 2,080.
2. Multiply the amount of the grant under sub. (2) (a) 2., as appropriate, by the number determined under subd. 1.
108.02 (3) of the statutes is created to read:
108.02 (3) Alcohol beverages. "Alcohol beverages" has the meaning given in s. 125.02 (1).
108.02 (9) of the statutes is created to read:
108.02 (9) Controlled substance. "Controlled substance" has the meaning given in s. 961.01 (4).
108.02 (9m) of the statutes is created to read:
108.02 (9m) Controlled substance analog. "Controlled substance analog" has the meaning given in s. 961.01 (4m).
108.02 (15m) (intro.) of the statutes is amended to read:
108.02 (15m) Family corporation. (intro.) Except as provided in s. 108.04 (7) (r), "family "Family corporation" means:
108.02 (21e) (intro.) of the statutes is amended to read:
108.02 (21e) Professional employer organization. (intro.) "Professional employer organization" means any person who is currently registered as a professional employer organization with the department of safety and professional services financial institutions in accordance with subch. III of ch. 461
202, who contracts to provide the nontemporary, ongoing employee workforce of more than one client under a written leasing contract, the majority of whose clients are not under the same ownership, management, or control as the person other than through the terms of the contract, and who under contract and in fact:
108.04 (2) (a) 2. Except as provided in s. 108.062 (10m), as of that week, the individual has registered for work as directed by the department; and
108.04 (2) (a) 3. (intro.) The individual conducts a reasonable search for suitable work during that week, unless the search requirement is waived under par. (b) or s. 108.062 (10m). The search for suitable work must include 2 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 an individual 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 an individual if the department determines that the individual 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 individual has a reasonable expectation of reemployment by an employer, the department shall request the employer to verify the individual's employment status and shall also consider other factors, including:
108.04 (2) (i) of the statutes is created to read:
108.04 (2) (i) 1. There is a rebuttable presumption that a claimant who is subject to the requirement under par. (a) 3. to conduct a reasonable search for suitable work has not conducted a reasonable search for suitable work in a given week if all of the following apply:
a. The claimant was last employed by a temporary help company.
b. The temporary help company required the claimant to contact the temporary help company about available assignments weekly, or less often as prescribed by the temporary help company, and the company gave the claimant written notice of that requirement at the time the claimant was initially employed by the company.
c. During that week, the claimant was required to contact the temporary help company about available assignments and the claimant did not contact the temporary help company about available assignments.
d. The temporary help company submits a written notice to the department within 10 business days after the end of that week reporting that the claimant did not contact the company about available assignments.
2. A claimant may only rebut the presumption under subd. 1. if the claimant demonstrates one of the following to the department for a given week:
a. That the claimant did contact the temporary help company about available assignments during that week.
b. That the claimant was not informed by the temporary help company of the requirement to contact the temporary help company or had other good cause for his or her failure to contact the temporary help company about available assignments during that week.
3. If a claimant who was last employed by a temporary help company contacts the temporary help company during a given week about available assignments, that contact constitutes one action that constitutes a reasonable search for suitable work, for purposes of par. (a) 3.
108.04 (5) of the statutes is renumbered 108.04 (5) (intro.) and amended to read:
108.04 (5) Discharge for misconduct. (intro.) Unless sub. (5g) results in disqualification, an 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 that the rate which 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:
108.04 (5) (a) to (g) of the statutes are created to read:
108.04 (5) (a) A violation by an employee of an employer's reasonable written policy concerning the use of alcohol beverages, or use of a controlled substance or a controlled substance analog, if the employee:
1. Had knowledge of the alcohol beverage or controlled substance policy; and
2. Admitted to the use of alcohol beverages or a controlled substance or controlled substance analog or refused to take a test or tested positive for the use of alcohol beverages or a controlled substance or controlled substance analog in a test used by the employer in accordance with a testing methodology approved by the department.
(b) Theft of an employer's property or services with intent to deprive the employer of the property or services permanently, theft of currency of any value, felonious conduct connected with an employee's employment with his or her employer, or intentional or negligent conduct by an employee that causes substantial damage to his or her employer's property.
(c) Conviction of an employee of a crime or other offense subject to civil forfeiture, while on or off duty, if the conviction makes it impossible for the employee to perform the duties that the employee performs for his or her employer.
(d) One or more threats or acts of harassment, assault, or other physical violence instigated by an employee at the workplace of his or her employer.
(e) Absenteeism by an employee on more than 2 occasions within the 120-day period before the date of the employee's termination, unless otherwise specified by his or her employer in an employment manual of which the employee has acknowledged receipt with his or her signature, or excessive tardiness by an employee in violation of a policy of the employer that has been communicated to the employee, if the employee does not provide to his or her employer both notice and one or more valid reasons for the absenteeism or tardiness.
(f) Unless directed by an employee's employer, falsifying business records of the employer.