106.16(2) (2) Any company that receives a loan or grant from a state agency or an authority under ch. 231 or 234 shall notify the department and the local workforce development board established under 29 USC 2832, of any position in the company that is related to the project for which the grant or loan is received to be filled in this state within one year after receipt of the loan or grant. The company shall provide this notice at least 2 weeks prior to advertising the position.
106.16(3) (3) A state agency or an authority under ch. 231 or 234 shall notify the Wisconsin Economic Development Corporation if it makes a loan or grant to a company.
106.16(4) (4)
106.16(4)(a)(a) The department shall, upon complaint by any person or on its own motion, investigate any allegation that a company has violated sub. (2) if the complaint is filed with the department no more than 300 days after the alleged violation occurred.
106.16(4)(b) (b) If after investigation under par. (a) the department finds probable cause to believe that a company has violated sub. (2), the department shall notify the company of the department's finding of probable cause, of the actions specified under par. (d) that the department proposes to take and of the company's right to request a hearing regarding the alleged violation of sub. (2).
106.16(4)(c) (c) A company that receives a notice under par. (b) may, within 30 days after the date of the notice, request a contested case hearing under s. 227.42. If the department does not receive a request for a contested case hearing under s. 227.42 within 30 days after the date of the notice under par. (b), the department shall issue a final decision that the company has violated sub. (2) and take the actions specified under par. (d).
106.16(4)(d) (d) If the department receives a request under par. (c) for a hearing, the department shall hold a hearing as provided under s. 227.44. If, after hearing, the department finds that a company has violated sub. (2), the department shall issue a final decision under s. 227.47 that the company has violated sub. (2) and shall order the company to take any remedial action that the department considers appropriate based on the severity of the noncompliance with sub. (2).
106.16 History History: 1985 a. 285, 332; 1987 a. 27, 399; 1991 a. 39; 1995 a. 27 ss. 3716 and 9116 (5); Stats. 1995 s. 106.16; 1999 a. 9; 2011 a. 32.
106.17 106.17 Local labor market information.
106.17(1) (1) The department shall collect information concerning local labor markets and periodically prepare reports dealing with labor forces at a local level in this state for general circulation.
106.17(2) (2) The collection and distribution of local labor market information under sub. (1) shall be funded only from the appropriations under s. 20.445 (1) (m) and (n).
106.17 History History: 1987 a. 27; 1995 a. 27 s. 3717; Stats. 1995 s. 106.17; 2003 a. 33.
106.18 106.18 Youth programs in 1st class cities. From the appropriation account under s. 20.445 (1) (fm), the department shall implement and operate youth summer jobs programs in 1st class cities.
106.18 History History: 2007 a. 20.
106.19 106.19 Trade adjustment assistance overpayment waiver.
106.19(1)(1) On or before October 8, 1989, the department shall establish a policy for waiving recovery of overpayments made under the federal adjustment assistance for workers program under 19 USC 2272 to 2318.
106.19(2) (2) The waiver policy shall require the department to grant a waiver if all of the following apply:
106.19(2)(a) (a) The overpayment was not the fault of the person who received it.
106.19(2)(b) (b) Requiring repayment would be contrary to equity and good conscience.
106.19(3) (3) The department shall do all of the following:
106.19(3)(a) (a) Notify all of the following persons of the waiver policy and the person's right to request a waiver:
106.19(3)(a)1. 1. A person from whom the department attempts to recover an overpayment made under 19 USC 2272 to 2318.
106.19(3)(a)2. 2. A person from whom the department is in the process of recovering an overpayment made under 19 USC 2272 to 2318.
106.19(3)(b) (b) Comply with the guidelines issued by the U.S. secretary of labor under 19 USC 2315 in connection with the waiver policy.
106.19(3)(c) (c) Establish the waiver policy by rule, using the procedure under s. 227.24.
106.19 History History: 1989 a. 31; 1995 a. 27 s. 3719; Stats. 1995 s. 106.19.
106.19 Cross-reference Cross-reference: See also ch. DWD 135, Wis. adm. code.
106.20 106.20 Pilot Wisconsin job opportunity business subsidy program.
106.20(1)(1)Definitions. In this section:
106.20(1)(a) (a) "Business" means any person engaged in a business enterprise for profit in this state.
106.20(1)(c) (c) "Eligible job applicant" means an individual who the department determines meets the requirements of s. 101.35 (9), 1991 stats.
106.20(1)(cm) (cm) "Eligible unit of government" means a county described in s. 101.35 (2) (a), 1991 stats., or designated under s. 101.35 (2) (b), 1991 stats., or a unit of government designated under s. 101.35 (2) (d), 1991 stats.
106.20(1)(d) (d) "Local service agency" means an organization designated under s. 101.35 (3), 1991 stats.
106.20(1)(e) (e) "Minority business" has the meaning given in s. 16.287 (1) (e).
106.20(1)(f) (f) "Small business" has the meaning given in s. 227.485 (2) (c).
106.20(1)(g) (g) "Urban county" means a county located in a federal standard metropolitan statistical area.
106.20(1)(h) (h) "Wisconsin job opportunity business subsidy program" means the program administered under this section.
106.20(11) (11)Repayment.
106.20(11)(a)(a) If an eligible job applicant leaves the employ of a business that received funds to subsidize the wages of the eligible job applicant under s. 101.35 (5), 1991 stats., the business shall repay the following percentage of the funds:
106.20(11)(a)1. 1. If the eligible job applicant leaves while the position is subsidized, 70%.
106.20(11)(a)2. 2. If the eligible job applicant leaves less than 12 months after the subsidy ended, a percentage between 70% and 0%, decreasing proportionally to 0% 12 months after the subsidy has ended.
106.20(11)(a)3. 3. If the eligible job applicant leaves 12 months or more after the subsidy ended, 0%.
106.20(11)(b) (b) A business need not repay funds under par. (a) if the business replaces the departing eligible job applicant with another eligible job applicant who remains employed with the business for at least 12 months after the subsidy paid to the departing eligible job applicant would have ended.
106.20(11)(c) (c) The secretary may waive all or part of a repayment required under par. (a) if the secretary determines that waiving the repayment is in the best interests of the state.
106.20(11)(d) (d) The local service agency shall use the amounts repaid under this subsection for additional wage subsidies.
106.20(13) (13)Final report. On or before September 1, 1993, the department shall submit a final report concerning the Wisconsin job opportunity business subsidy program to the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2). The report shall include all of the following information for the period covered by the report:
106.20(13)(a) (a) The average wage paid to an eligible job applicant at the following times:
106.20(13)(a)1. 1. When hired.
106.20(13)(a)2. 2. Sixty days after the subsidy for the eligible job applicant ends.
106.20(13)(a)3. 3. Fourteen months after the subsidy for the eligible job applicant ends.
106.20(13)(b) (b) The number of qualified businesses and eligible job applicants that participated in each eligible unit of government.
106.20(13)(c) (c) The age, education level, family status, gender, race and work experience of each eligible job applicant.
106.20(13)(d) (d) The number of eligible job applicants who met the criteria in s. 101.35 (10) (b), 1991 stats., and in s. 101.35 (10) (c), 1991 stats., as affected by 1993 Wisconsin Act 16.
106.20(13)(e) (e) Any other information the department considers relevant.
106.20 History History: 1987 a. 399; 1989 a. 31, 336; 1991 a. 32, 39, 315; 1993 a. 16, 213, 243, 491; 1995 a. 27 s. 3720; Stats. 1995 s. 106.20; 2011 a. 32.
106.25 106.25 Public insurrection; death and disability benefits.
106.25(1)(1)Definition. In this section, "public insurrection" means a civil disturbance in which a group or groups of persons are simultaneously engaged in acts of violence against persons or property by the illegal use of weapons, by burning, pillaging or looting or by committing any other illegal acts, and which is of such a magnitude as to result in any of the following:
106.25(1)(am) (am) Extraordinary utilization of off-duty local law enforcement personnel.
106.25(1)(b) (b) Declaration of a public emergency by the governor.
106.25(1)(c) (c) The calling of the national guard or other troops.
106.25(2) (2)Death and disability benefits. If the department finds that the injury or death of a state or local government officer or employee arose out of the performance of duties in connection with a public insurrection, and finds that death or disability benefits are payable under ch. 102, a supplemental award equal to the amount of the benefits, other than medical expense, payable under ch. 102 shall be made to the persons and in the same manner provided by ch. 102, except that when benefits are payable under s. 102.49, a supplemental award equal to one-half the benefits payable under that section shall be made.
106.25(3) (3)Payments. All payments under this section shall be made from the general fund.
106.25(4) (4)Benefits additional to all others. Death and disability benefits under this section are in addition to all other benefits provided by state law or by action of any municipality or public agency.
106.25 History History: 1971 c. 40; 1975 c. 199; 1975 c. 404 s. 7; 1975 c. 405 s. 7; Stats. 1975 s. 101.47; 1977 c. 29 s. 1651; 1995 a. 27 s. 3726; Stats. 1995 s. 106.25; 1995 a. 225, 257.
106.26 106.26 Employment transit assistance program.
106.26(1)(1)Findings and purpose. The legislature finds that, for many workers and persons seeking employment in outlying suburban and sparsely populated and developed areas, conventional, fixed-route mass transit systems do not provide adequate transportation service. The purpose of the employment transit assistance program under this section is to correct this deficiency in access to employment locations and to stimulate the development of innovative transit service methods.
106.26(2) (2)Definitions. In this section:
106.26(2)(a) (a) "Eligible applicant" means a local public body or a private organization.
106.26(2)(b) (b) "Local public body" has the meaning given in s. 85.20 (1) (d).
106.26(2)(c) (c) "Mass transit system" has the meaning given in s. 85.20 (1) (e).
106.26(2)(d) (d) "Project" means a project designed to improve access to jobs, including part-time jobs and Wisconsin works employment positions, as defined in s. 49.141 (1) (r), located in outlying suburban and sparsely populated and developed areas that are not adequately served by a mass transit system and to develop innovative transit service methods.
106.26(3) (3)Administration. The department shall administer the employment transit assistance program and shall have all powers necessary and convenient to implement this section, including the following:
106.26(3)(a) (a) To conduct a project.
106.26(3)(b) (b) To make and execute contracts with eligible applicants.
106.26(3)(c) (c) To make grants to eligible applicants to conduct projects or to match a federal grant awarded to an eligible applicant to conduct a project. Grants by the department are subject to all of the following requirements:
106.26(3)(c)1. 1. A grant may not exceed 80% of the total cost of a project.
106.26(3)(c)2. 2. A grant may only be made to an eligible applicant that provides access to nontemporary employment or to Wisconsin works employment positions, as defined in s. 49.141 (1) (r).
106.26(3)(d) (d) To receive and review applications from eligible applicants for grants under this section and to prescribe the form, nature and extent of information that shall be included in applications.
106.26(3)(e) (e) To establish criteria for evaluating applications for grants under this section.
106.26 History History: 1989 a. 31; 1995 a. 27 s. 3526m; Stats. 1995 s. 106.26; 1997 a. 27; 2003 a. 33.
106.30 106.30 Nursing workforce survey and grant.
106.30(1) (1)Definition. In this section, "nurse" means a registered nurse licensed under s. 441.06 or permitted under s. 441.08, a licensed practical nurse licensed or permitted under s. 441.10, an advanced practice nurse prescriber certified under s. 441.16 (2), or a nurse-midwife licensed under s. 441.15.
106.30(2) (2)Survey form. Each odd-numbered year, the department of workforce development shall develop and submit to the department of safety and professional services a survey form to gather data under s. 441.01 (7) (a) 1. to assist the department of workforce development in evaluating the supply of, demand for, and turnover among nurses in this state and in determining whether there are any regional shortages of nurses, shortages of nurses in any speciality areas, or impediments to entering the nursing profession in this state.
106.30(3) (3)Survey results. Beginning in 2011, by September 30 of each odd-numbered year, the department shall compile, process, and evaluate the survey results and submit a report of its findings to the speaker of the assembly and the president of the senate under s. 13.172 (3) and to the governor, the secretary of health services, and the nurse resource center described in sub. (5).
106.30(4) (4)Costs of survey. The department may use no more than 12 percent of the amount received under s. 20.445 (1) (km) for costs incurred by the department under subs. (2) and (3).
106.30(5) (5)Nursing workforce grants.
106.30(5)(a)(a) From the appropriation account under s. 20.445 (1) (km), the department of workforce development shall award grants equal to the amount appropriated under s. 20.445 (1) (km) minus the amount expended under sub. (4) to a nonprofit statewide nursing center that is comprised of and led by nurses and that has demonstrated coordination with constituent groups within the nursing community, including professional nursing organizations; organizations representing nurse educators, staff nurses, and nurse managers or executives; labor organizations representing nurses; the department of safety and professional services; the department of health services; and legislators who are concerned with issues affecting the nursing profession.
106.30(5)(b) (b) A statewide nursing center that receives a grant under par. (a) shall use the grant moneys to develop strategies to ensure that there is a nursing workforce that is adequate to meet the current and future health care needs of this state. The statewide nursing center may use those moneys to fund activities that are aimed at ensuring such a nursing workforce, including monitoring trends in the applicant pool for nursing education programs; evaluating the effectiveness of nursing education programs in increasing access to those programs and in enhancing career mobility for nurses, especially for populations that are underrepresented in the nursing profession; and facilitating partnerships between the nursing community and other health care providers, the department of safety and professional services, the business community, the legislature, and educators to promote diversity within the nursing profession, enhance career mobility and leadership development for nurses, and achieve consensus regarding policies aimed at ensuring an adequate nursing workforce in this state.
106.30 History History: 2009 a. 28; 2011 a. 32.
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