AB97: Bill Text

LRB-2385/1

MJL:kaf:jf

1997 - 1998 LEGISLATURE

1997 Assembly BILL 97

February 12, 1997 - Introduced by Representatives Vrakas and Vander Loop, cosponsored by Senators Plache and Zien. Referred to Committee on Labor and Employment.

AB97,3,5 An Act to amend 13.83 (3) (f) 2., 15.105 (22), 15.155 (1) (a) 2., 15.197 (11n) (a) 1., 15.22, 15.223 (1), 15.223 (2), 15.225 (1), 15.225 (2) (a), 15.225 (2) (c), 15.227 (1), 15.227 (3), 15.227 (4), 15.227 (5) (intro.), 15.227 (8), 15.227 (9), 15.227 (11), 15.227 (13), 15.227 (14), 15.227 (17) (a), 15.227 (24) (a) (intro.), 15.227 (24) (a) 1., 15.94 (2), 16.48 (1) (intro.), 16.48 (2), 16.48 (3), 16.53 (1) (d) 2., 16.75 (6) (bm), 16.765 (10), 20.445 (intro.), 20.445 (1) (title), 20.445 (1) (sm), 20.445 (3) (p), 20.505 (4) (kp), 20.923 (4) (e) 3., 20.923 (4) (e) 4., 20.923 (4) (f) 4., 36.11 (6) (a) 2., 38.30 (1) (b), 38.51 (6) (b) 1., 40.02 (25) (a) 3., 40.02 (54) (f), 40.63 (6), 40.65 (2) (a), 40.65 (2) (b) 3., 40.65 (2) (b) 4., 45.35 (6), 45.35 (9), 45.35 (10), 45.397 (2) (a), 45.50 (1) (b), 46.03 (7) (bm), 46.10 (14) (b), 46.10 (14) (e) 4., 46.215 (1) (d), 46.215 (1) (j), 46.215 (2) (a) 2., 46.215 (2) (b), 46.215 (2) (c) 2., 46.215 (3), 46.22 (1) (b) 2. (intro.), c. and e., 46.22 (1) (b) 3. (intro.) and d., 46.22 (1) (d), 46.22 (1) (e) 1., 46.22 (1) (e) 2., 46.22 (1) (e) 3. b., 46.22 (2g) (d), 46.22 (3m) (b) 12., 46.22 (3m) (b) 17. b., 46.23 (3) (a), 46.23 (3) (am) 4., 46.23 (5) (a) 2., 46.23 (5) (b), 46.23 (5m) (c), 46.23 (6) (a) (intro.), 46.23 (6) (a) 3., 46.247, 46.29 (3) (c), 46.495 (1) (d), 46.495 (1) (dc), 46.495 (1) (f) 1., 46.56 (14) (a) (intro.), 46.90 (4) (b) 2. b., 47.01 (1m), 48.30 (6), 48.31 (7), 48.357 (5m), 48.36 (1) (b), 48.363 (1), 48.57 (3m) (a) 1., 48.57 (3m) (d), 48.57 (3m) (e), 48.57 (3p) (fm) 1., 49.001 (9), 49.11 (1), 49.11 (2), 49.153 (3) (a) 1., 49.153 (3) (f) 2., 49.153 (4) (d) 4., 49.193 (1) (c), 49.26 (1) (d), 49.45 (6m) (br) 1., 49.45 (40), 49.81 (intro.), 49.82 (1), 49.85 (1), 49.85 (2) (b), 49.85 (3) (b) (intro.), 49.85 (3) (b) 1., 49.85 (3) (b) 2., 49.85 (3) (b) 3., 49.85 (3) (b) 4., 49.85 (3) (b) 5., 49.85 (4) (b), 49.85 (5), 49.855 (1), 49.855 (2), 49.855 (4), 49.855 (4m) (c), 49.855 (5), 49.855 (7), 49.86, 49.89 (2), 49.89 (6), 49.89 (7) (d) 2., 49.90 (2), 49.90 (2g), 59.40 (2) (p), 59.53 (5), 59.69 (4e), 60.61 (3m), 62.23 (7) (hm), 66.293 (1) (b), 66.293 (1) (h), 66.46 (6c) (a), 66.46 (6c) (b), 66.521 (6m), 69.15 (3) (b) 3., 71.67 (7) (a) and (b) (intro.), 71.67 (7) (c) 2., 71.93 (1) (a) 2., 71.93 (1) (a) 4., 77.265 (4), 84.25 (11), 101.055 (8) (ag), 102.01 (2) (ap), 102.01 (2) (em), 102.08, 102.42 (8), 102.61 (1m) (c), 102.61 (1m) (f), 102.61 (2), 102.64 (1), 102.64 (2), 102.82 (2) (c), 103.001 (3), 103.001 (15), 103.005 (20), 103.10 (12) (a) 2., 103.50 (4), 103.50 (5), 103.50 (6), 104.01 (1), 106.13 (2), 108.02 (10), 108.105, 108.13 (4) (b), 108.141 (6) (a), 108.142 (5), 109.01 (1), 111.32 (4), 115.347, 118.125 (2) (i), 118.16 (2) (d), 118.163 (2) (e), 167.10 (6m) (f), 175.45 (9), 215.04 (1) (f), 227.03 (3m) (a), 227.43 (1) (by), 227.43 (2) (d), 227.43 (3) (d), 227.43 (4) (d), 227.52, 227.59, 230.08 (2) (e) 6., 230.147 (1), 230.147 (2), 234.49 (1) (c), 236.335, 301.45 (9), 303.07 (7), 303.21 (1) (a), 443.06 (2) (e), 443.06 (2) (em), 445.095 (3), 454.10 (1), 560.15 (1) (intro.), 560.15 (1) (b) 1., 560.15 (3) (c) 6., 560.73 (1) (i) 1., 560.73 (1) (i) 2., 560.75 (11), 560.795 (3) (e), 560.797 (4) (e), 565.30 (5), 565.30 (5m), 626.12 (3), 626.125 (3), 626.32 (1) (a), 645.47 (1) (a), 767.001 (1d), 769.31 (1), 893.44 (2), 905.15 (1), 938.342 (1) (e), 940.207 (title), 940.207 (2) (intro.), 940.207 (2) (a), 946.15 (1), 946.15 (2), 946.15 (3) and (4), 973.05 (5) (g) and 978.05 (4m); and to repeal and recreate 46.495 (1) (d), 46.495 (1) (dc), 46.495 (1) (f) 1., 48.57 (3m) (d) and 48.57 (3m) (e) of the statutes; relating to: changing the name of the department of industry, labor and job development to the department of workforce development.

Analysis by the Legislative Reference Bureau

The 1995-97 budget act changed the name of the department of industry, labor and human relations (DILHR) to the department of industry, labor and job development (DILJD) on July 1, 1996. This bill changes the name of DILJD to the department of workforce development (DWD).

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB97, s. 1 Section 1. 13.83 (3) (f) 2. of the statutes is amended to read:

AB97,3,8 13.83 (3) (f) 2. The department of industry, labor and job workforce development.

AB97, s. 2 Section 2. 15.105 (22) of the statutes is amended to read:

AB97,4,6 15.105 (22) State use board. There is created a state use board which is attached to the department of administration under s. 15.03. The board shall consist of 8 members appointed to serve for 4-year terms, including a representative of the department of administration; a representative of the subunit of the department of health and family services which administers mental health laws; a representative of the subunit of the department of industry, labor and job development workforce development which administers vocational rehabilitation laws; 2 representatives of private businesses, one of whom shall represent a small business; one representative of a work center, as defined in s. 16.752; and one member who does not represent any of the foregoing entities. A member vacates his or her office if the member loses the status upon which his or her appointment is based. In this subsection, "small business" means an independently owned and operated business which is not dominant in its field and which has had less than $2,500,000 in gross annual sales for each of the 2 previous calendar years or has 25 or fewer employes.

AB97, s. 3 Section 3. 15.155 (1) (a) 2. of the statutes is amended to read:

AB97,4,9 15.155 (1) (a) 2. The secretary of industry, labor and job workforce development or the secretary's designee.

AB97, s. 4 Section 4. 15.197 (11n) (a) 1. of the statutes is amended to read:

AB97,4,12 15.197 (11n) (a) 1. The secretary of industry, labor and job workforce development.

AB97, s. 5 Section 5. 15.22 of the statutes is amended to read:

AB97,4,17 15.22 (title) Department of industry, labor and job workforce development; creation. There is created a department of industry, labor and job workforce development under the direction and supervision of the secretary of industry, labor and job workforce development.

AB97, s. 6 Section 6. 15.223 (1) of the statutes is amended to read:

AB97,4,20 15.223 (1) Division of equal rights. There is created in the department of industry, labor and job workforce development a division of equal rights.

AB97, s. 7 Section 7. 15.223 (2) of the statutes is amended to read:

AB97,4,24 15.223 (2) Division of workforce excellence. There is created in the department of industry, labor and job workforce development a division of workforce excellence.

AB97, s. 8 Section 8. 15.225 (1) of the statutes is amended to read:

AB97,5,6 15.225 (1) Labor and industry review commission. There is created a labor and industry review commission which is attached to the department of industry, labor and job workforce development under s. 15.03, except the budget of the labor and industry review commission shall be transmitted by the department to the governor without change or modification by the department, unless agreed to by the labor and industry review commission.

AB97, s. 9 Section 9. 15.225 (2) (a) of the statutes is amended to read:

AB97,5,10 15.225 (2) (a) Creation. There is created a Wisconsin conservation corps board which is attached to the department of industry, labor and job workforce development under s. 15.03.

AB97, s. 10 Section 10. 15.225 (2) (c) of the statutes is amended to read:

AB97,5,19 15.225 (2) (c) Liaison representatives. The secretary of agriculture, trade and consumer protection, the secretary of health and family services, the secretary of industry, labor and job workforce development, the secretary of natural resources and the chancellor of the university of Wisconsin-extension, or a designee of such a secretary or the chancellor, shall serve as liaison representatives to the Wisconsin conservation corps board, and provide information to and assist the board. The liaison representatives are not board members and may not vote on any board decision or action.

AB97, s. 11 Section 11. 15.227 (1) of the statutes is amended to read:

AB97,6,2 15.227 (1) Equal rights council. There is created in the department of industry, labor and job workforce development an equal rights council consisting of not to exceed 35 members appointed for staggered 3-year terms. Members shall be appointed from the entire state and shall be representative of all races, creeds, groups, organizations and fields of endeavor. The equal rights council shall advise the secretary of industry, labor and job workforce development and the division of equal rights.

AB97, s. 12 Section 12. 15.227 (3) of the statutes is amended to read:

AB97,6,19 15.227 (3) Council on unemployment compensation. There is created in the department of industry, labor and job workforce development a council on unemployment compensation appointed by the secretary of industry, labor and job workforce development to consist of 5 representatives of employers and 5 representatives of employes appointed to serve for 6-year terms and a permanent classified employe of the department of industry, labor and job workforce development who shall serve as nonvoting chairperson. In making appointments to the council, the secretary shall give due consideration to achieving balanced representation of the industrial, commercial, construction, nonprofit and public sectors of the state's economy. One of the employer representatives shall be an owner of a small business or a representative of an association primarily composed of small businesses. In this subsection, "small business" means an independently owned and operated business which is not dominant in its field and which has had less than $2,000,000 in gross annual sales for each of the previous 2 calendar years or has 25 or fewer employes. A member vacates his or her office if the member loses the status upon which his or her appointment is based.

AB97, s. 13 Section 13. 15.227 (4) of the statutes is amended to read:

AB97,7,3 15.227 (4) Council on worker's compensation. There is created in the department of industry, labor and job workforce development a council on worker's compensation appointed by the labor and industry review commission to consist of a member or designated employe of the department of industry, labor and job workforce development or the labor and industry review commission as chairperson, 5 representatives of employers and 5 representatives of employes. The commission shall also appoint 3 representatives of insurers authorized to do a worker's compensation insurance business in this state as nonvoting members of the council.

AB97, s. 14 Section 14. 15.227 (5) (intro.) of the statutes is amended to read:

AB97,7,7 15.227 (5) Council on child labor. (intro.) There is created in the department of industry, labor and job workforce development a council on child labor to consist of the following:

AB97, s. 15 Section 15. 15.227 (8) of the statutes is amended to read:

AB97,7,16 15.227 (8) Council on migrant labor. There is created in the department of industry, labor and job workforce development a council on migrant labor. Nonlegislative members shall serve for staggered 3-year terms and shall include 6 representatives of employers of migrant workers and 6 representatives of migrant workers and their organizations. Two members of the senate and 2 members of the assembly shall be appointed to act as representatives of the public. Legislative members shall be appointed as are members of standing committees and shall be equally divided between the 2 major political parties.

AB97, s. 16 Section 16. 15.227 (9) of the statutes is amended to read:

AB97,7,20 15.227 (9) Construction wage rate council. There is created in the department of industry, labor and job workforce development a construction wage rate council appointed by the labor and industry review commission.

AB97, s. 17 Section 17. 15.227 (11) of the statutes is amended to read:

AB97,7,24 15.227 (11) Self-insurers council. There is created in the department of industry, labor and job workforce development a self-insurers council consisting of 5 members appointed by the labor and industry review commission for 3-year terms.

AB97, s. 18 Section 18. 15.227 (13) of the statutes is amended to read:

AB97,8,3 15.227 (13) Wisconsin apprenticeship council. There is created in the department of industry, labor and job workforce development a Wisconsin apprenticeship council appointed by the labor and industry review commission.

AB97, s. 19 Section 19. 15.227 (14) of the statutes is amended to read:

AB97,8,7 15.227 (14) Labor standards council. There is created in the department of industry, labor and job workforce development a labor standards council appointed by the labor and industry review commission.

AB97, s. 20 Section 20. 15.227 (17) (a) of the statutes is amended to read: