1997 Wisconsin Act 27

c. Eligible costs, under par. (b), incurred on or after July 1, 1998 December 22, 2001, by the owner or operator of an underground petroleum product storage tank system if those costs are not reimbursable under par. (d) 1.

27,2601 Section 2601 . 101.143 (4) (g) 7. of the statutes is created to read:

101.143 (4) (g) 7. The petroleum product discharge was caused by a person who provided services or products to the claimant or to a prior owner or operator of the petroleum product storage system or home oil tank system.

27,2602 Section 2602 . 101.143 (4) (h) of the statutes is created to read:

101.143 (4) (h) Reductions of awards. 1. Notwithstanding pars. (d) 2. (intro.), (dm) 2. (intro.), (e) 2. and (em) 2., if an owner or operator or person owning a home oil tank system prepares and submits a claim that includes ineligible costs that are identified under subd. 2., the department shall calculate the award by determining the amount that the award would otherwise be under par. (d), (dm), (e) or (em) based only on the eligible costs and then by reducing that amount by 50% of the amount of the ineligible costs identified under subd. 2. that are included in the claim.

1m. If a consultant prepares a claim that is submitted by a claimant and that includes ineligible costs that are identified under subd. 2., the consultant shall pay to the department an amount equal to 50% of the ineligible costs identified under subd. 2. that are included in the claim. A consultant may not charge the owner or operator for any amount that the consultant is required to pay under this subdivision. Payments made under this subdivision shall be deposited in the petroleum inspection fund.

2. The department shall promulgate a rule identifying the ineligible costs to which subds. 1. and 1m. apply.

27,2603 Section 2603 . 101.143 (5) (a) of the statutes is renumbered 101.143 (5) (am) (intro.) and amended to read:

101.143 (5) (am) Right of action. (intro.) A right of action under this section shall accrue to the state against an owner, operator or other person only if the one of the following applies:

1. The owner, operator or other person submits a fraudulent claim or does not meet the requirements under this section and if an award is issued under this section to the owner, operator or other person for eligible costs under this section or if payment is made to a lender under sub. (4e).

27,2604 Section 2604 . 101.143 (5) (a) of the statutes is created to read:

101.143 (5) (a) Sale of remedial equipment or supplies. If a person who received an award under this section sells equipment or supplies that were eligible costs for which the award was issued, the person shall pay the proceeds of the sale to the department. The proceeds shall be paid into the petroleum inspection fund.

27,2605 Section 2605 . 101.143 (5) (am) 2. of the statutes is created to read:

101.143 (5) (am) 2. A person fails to make a payment required under par. (a).

27,2606 Section 2606 . 101.143 (5) (b) of the statutes is amended to read:

101.143 (5) (b) Action to recover awards. The attorney general shall take action as is appropriate to recover awards moneys to which the state is entitled under par. (a) (am). The department shall request that the attorney general take action if the department discovers a fraudulent claim after an award is issued.

27,2607 Section 2607 . 101.143 (5) (c) of the statutes is amended to read:

101.143 (5) (c) Disposition of funds. If an award is made from the petroleum inspection fund, the The net proceeds of the a recovery under par. (b) shall be paid into the petroleum inspection fund.

27,2609 Section 2609 . 101.177 (1) (d) of the statutes is created to read:

101.177 (1) (d) “State agency" means any office, department, agency, institution of higher education, association, society or other body in state government created or authorized to be created by the constitution or any law which is entitled to expend moneys appropriated by law, including the legislature and the courts, the Wisconsin Housing and Economic Development Authority, the Bradley Center Sports and Entertainment Corporation, the University of Wisconsin Hospitals and Clinics Authority and the Wisconsin Health and Educational Facilities Authority.

27,2610 Section 2610 . 101.177 (2) (intro.) of the statutes is amended to read:

101.177 (2) Servicing. (intro.) No person, including a state agency, as defined in s. 234.75 (10), may install or service a piece of refrigeration equipment that contains ozone-depleting refrigerant unless the person certifies all of the following to the department:

27,2611 Section 2611 . 101.177 (3) (a) (intro.) of the statutes is amended to read:

101.177 (3) (a) (intro.) After December 31, 1991, no person, including a state agency as defined in s. 234.75 (10), may sell used ozone-depleting refrigerant removed from refrigeration equipment for reuse unless the person certifies all of the following to the department:

27,2611m Section 2611m. 101.575 (3) (a) 3. of the statutes is amended to read:

101.575 (3) (a) 3. Provides a training program prescribed by the department by rule, in consultation with the fire prevention council.

27,2620 Section 2620 . 102.87 (2) (e) of the statutes is amended to read:

102.87 (2) (e) The maximum forfeiture, penalty assessment, jail assessment, crime laboratories and drug law enforcement assessment and any applicable uninsured employer assessment for which the defendant is liable.

27,2621 Section 2621 . 102.87 (2) (g) of the statutes is amended to read:

102.87 (2) (g) Notice that if the defendant makes a deposit and fails to appear in court at the time specified in the citation, the failure to appear will be considered tender of a plea of no contest and submission to a forfeiture, penalty assessment, jail assessment, crime laboratories and drug law enforcement assessment and any applicable uninsured employer assessment plus costs not to exceed the amount of the deposit. The notice shall also state that the court, instead of accepting the deposit and plea, may decide to summon the defendant or may issue an arrest warrant for the defendant upon failure to respond to a summons.

27,2622 Section 2622 . 102.87 (2) (h) of the statutes is amended to read:

102.87 (2) (h) Notice that if the defendant makes a deposit and signs the stipulation, the stipulation will be treated as a plea of no contest and submission to a forfeiture, penalty assessment, jail assessment, crime laboratories and drug law enforcement assessment and any applicable uninsured employer assessment plus costs not to exceed the amount of the deposit. The notice shall also state that the court, instead of accepting the deposit and stipulation, may decide to summon the defendant or issue an arrest warrant for the defendant upon failure to respond to a summons, and that the defendant may, at any time before or at the time of the court appearance date, move the court for relief from the effect of the stipulation.

27,2623 Section 2623 . 102.87 (3) of the statutes is amended to read:

102.87 (3) A defendant issued a citation under this section may deposit the amount of money that the issuing department deputy or officer directs by mailing or delivering the deposit and a copy of the citation before the court appearance date to the clerk of the circuit court in the county where the violation occurred, to the department or to the sheriff's office or police headquarters of the officer who issued the citation. The basic amount of the deposit shall be determined under a deposit schedule established by the judicial conference. The judicial conference shall annually review and revise the schedule. In addition to the basic amount determined by the schedule the deposit shall include the penalty assessment, jail assessment, crime laboratories and drug law enforcement assessment, any applicable uninsured employer assessment and costs.

27,2624 Section 2624 . 102.87 (4) of the statutes is amended to read:

102.87 (4) A defendant may make a stipulation of no contest by submitting a deposit and a stipulation in the manner provided by sub. (3) before the court appearance date. The signed stipulation is a plea of no contest and submission to a forfeiture plus the penalty assessment, jail assessment, crime laboratories and drug law enforcement assessment, any applicable uninsured employers assessment and costs not to exceed the amount of the deposit.

27,2625 Section 2625 . 102.87 (5) of the statutes is amended to read:

102.87 (5) Except as provided by sub. (6), a person receiving a deposit shall prepare a receipt in triplicate showing the purpose for which the deposit is made, stating that the defendant may inquire at the office of the clerk of the circuit court regarding the disposition of the deposit, and notifying the defendant that if he or she fails to appear in court at the time specified in the citation he or she shall be considered to have tendered a plea of no contest and submitted to a forfeiture, penalty assessment, jail assessment, crime laboratories and drug law enforcement assessment and any applicable uninsured employer assessment plus costs not to exceed the amount of the deposit and that the court may accept the plea. The original of the receipt shall be delivered to the defendant in person or by mail. If the defendant pays by check, the canceled check is the receipt.

27,2626 Section 2626 . 102.87 (6) of the statutes is amended to read:

102.87 (6) The person receiving a deposit and stipulation of no contest shall prepare a receipt in triplicate showing the purpose for which the deposit is made, stating that the defendant may inquire at the office of the clerk of the circuit court regarding the disposition of the deposit, and notifying the defendant that if the stipulation of no contest is accepted by the court the defendant will be considered to have submitted to a forfeiture, penalty assessment, jail assessment, crime laboratories and drug law enforcement assessment and applicable uninsured employer assessment plus costs not to exceed the amount of the deposit. Delivery of the receipt shall be made in the same manner as provided in sub. (5).

27,2627 Section 2627 . 102.87 (7) (b) of the statutes is amended to read:

102.87 (7) (b) If the defendant has made a deposit, the citation may serve as the initial pleading and the defendant shall be considered to have tendered a plea of no contest and submitted to a forfeiture, penalty assessment, jail assessment, crime laboratories and drug law enforcement assessment and any applicable uninsured employer assessment plus costs not to exceed the amount of the deposit. The court may either accept the plea of no contest and enter judgment accordingly, or reject the plea and issue a summons. If the defendant fails to appear in response to the summons, the court shall issue an arrest warrant. If the court accepts the plea of no contest, the defendant may, within 90 days after the date set for appearance, move to withdraw the plea of no contest, open the judgment and enter a plea of not guilty if the defendant shows to the satisfaction of the court that failure to appear was due to mistake, inadvertence, surprise or excusable neglect. If a defendant is relieved from the plea of no contest, the court may order a written complaint or petition to be filed. If on reopening the defendant is found not guilty, the court shall delete the record of conviction and shall order the defendant's deposit returned.

27,2628 Section 2628 . 102.87 (7) (c) of the statutes is amended to read:

102.87 (7) (c) If the defendant has made a deposit and stipulation of no contest, the citation serves as the initial pleading and the defendant shall be considered to have tendered a plea of no contest and submitted to a forfeiture, penalty assessment, jail assessment, crime laboratories and drug law enforcement assessment and any applicable uninsured employer assessment plus costs not to exceed the amount of the deposit. The court may either accept the plea of no contest and enter judgment accordingly, or reject the plea and issue a summons or an arrest warrant. After signing a stipulation of no contest, the defendant may, at any time before or at the time of the court appearance date, move the court for relief from the effect of the stipulation. The court may act on the motion, with or without notice, for cause shown by affidavit and upon just terms, and relieve the defendant from the stipulation and the effects of the stipulation.

27,2629 Section 2629 . 102.87 (9) of the statutes is amended to read:

102.87 (9) A department deputy or an officer who collects a forfeiture, penalty assessment, jail assessment, crime laboratories and drug law enforcement assessment, applicable insured employer assessment and costs under this section shall pay the money to the county treasurer within 20 days after its receipt. If the department deputy or officer fails to make timely payment, the county treasurer may collect the payment from the department deputy or officer by an action in the treasurer's name of office and upon the official bond of the department deputy or officer, with interest at the rate of 12% per year from the time when it should have been paid.

27,2631 Section 2631 . 103.05 of the statutes is created to read:

103.05 Hiring reporting system; state directory of new hires. (1) The department shall establish and operate a hiring reporting system that includes a state directory of new hires. All requirements under the reporting system shall be consistent with federal laws and regulations that relate to the reporting of newly hired employes for support collection purposes, as part of the state location service under s. 49.22 (2), or any other purposes specified in 42 USC 653a (h).

(2) (a) Except as provided in par. (b), every employer that employs individuals in the state shall provide to the department information about each newly hired employe.

(b) Paragraph (a) does not apply to an employer that employs individuals in this state and in at least one other state, if the employer has designated, to the secretary of the federal department of health and human services, a state other than this state for the purpose of providing the information required under par. (a). An employer under this paragraph shall notify the department of its designation of another state to the secretary of the federal department of health and human services.

(3) The department shall specify all of the following:

(a) The information that employers must provide under sub. (2) (a).

(b) A number of different ways in which employers may report the information required under sub. (2) (a), including paper and electronic means.

(c) A timetable for the actions and procedures required under the reporting system, including the reporting required under sub. (2) (a).

(4) No person may use or disclose information obtained under this section except in the administration of the program under s. 49.22 or a program specified in 42 USC 653a (h).

(5) (a) Except as provided in par. (b), and subject to par. (c), an employer that violates any provision of this section, or any rule promulgated under this section, may be required to forfeit up to $25 for each employe concerning whom a violation has occurred.

(b) Subject to par. (c), an employer may be required to forfeit up to $500 for a failure to supply the information under sub. (2) (a) about an employe, or for supplying false or incomplete information under sub. (2) (a) about an employe, as a result of a conspiracy between the employer and the employe to not supply the information or to supply false or incomplete information.

(c) The department shall provide an employer with notice of any violation for which a penalty may be imposed under par. (a) or (b), and with an opportunity to correct the violation, before imposing any penalty under par. (a) or (b).

(d) The department shall deposit all moneys received under this subsection in the appropriation account under s. 20.445 (1) (gd).

(6) If the department determines that the hiring reporting system established under this section will be operational on or before January 1, 1998, the department shall publish a notice in the Wisconsin Administrative Register before that date that states that the system shall begin operating on January 1, 1998.

27,2639t Section 2639t. 103.69 of the statutes is repealed.

27,2649 Section 2649 . 104.01 (7) of the statutes is amended to read:

104.01 (7) “Student learner" means a student who is receiving instruction in an accredited school and who is employed on a part-time basis, pursuant to a bona fide school training program. A “bona fide school training program" means a program authorized and approved by the department of education public instruction or the technical college system board, or other recognized educational body, and provided for part-time employment training which may be scheduled for a part of the workday or workweek, supplemented by and integrated with, a definitely organized plan of instruction and where proper scholastic credit is given by the accredited school.

27,2664k Section 2664k. 106.05 of the statutes is repealed.

27,2664p Section 2664p. 106.06 (3) of the statutes is amended to read:

106.06 (3) All gifts, grants, bequests and devises to the division for its use for any of the purposes mentioned in s. 106.05 are valid and shall be used to carry out the purposes for which made and received.

27,2665 Section 2665 . 106.11 (2) (b) of the statutes is amended to read:

106.11 (2) (b) In carrying out its responsibilities under this section, the department shall coordinate services authorized under 29 USC 1533 and provided by the department of education public instruction and the technical college system board to provide programs to help eligible youth participants, at least 75% of whom shall be economically disadvantaged individuals. At least 50% of the federal moneys received under 29 USC 1602 (b) (1) shall be used for programs under this subsection.

27,2668m Section 2668m. 106.115 (2) (em) of the statutes is created to read:

106.115 (2) (em) Review and recommend for approval by the state superintendent of public instruction a school-to-work program for children at risk, as defined in s. 118.153 (1) (a), provided by a nonprofit organization under s. 118.153 (3m).

27,2671d Section 2671d. 106.12 of the statutes is amended to read:

106.12 (title) Division of workforce excellence connecting education and work. Based on the recommendations of the governor's council on workforce excellence, the division of workforce excellence connecting education and work shall plan, coordinate, administer and implement the department's workforce excellence initiatives, programs, policies and funding, the youth apprenticeship and school-to-work programs under s. 106.13 and such other employment and education programs as the governor may by executive order assign to the division. Notwithstanding any limitations placed on the use of state employment and education funds under this section or s. 106.13, 106.14, 106.15, 106.20 or 106.21 or under an executive order assigning an employment and education program to the division, the secretary may issue a general or special order waiving any of those limitations on finding that the waiver will promote the coordination of employment and education services.

27,2675 Section 2675 . 106.13 (2m) of the statutes is amended to read:

106.13 (2m) After reviewing the recommendations of the governor's council on workforce excellence under s. 106.115 (2) (e), the department shall approve occupations and maintain a list of approved occupations for the youth apprenticeship program and shall approve statewide skill standards for the school-to-work program. From the appropriation under s. 20.445 (1) (ev), the department shall contract for the development of develop curricula for youth apprenticeship programs for occupations approved under this subsection.

27,2676 Section 2676 . 106.13 (4) (b) of the statutes is amended to read:

106.13 (4) (b) From the appropriation under s. 20.445 (1) (em), the department may award grants a grant to a public agencies and agency or a nonprofit organizations that are organization, or to an employer that is responsible for the on-the-job training and supervision of a youth apprentice. A public agency or non-profit organization that receives a grant under this subsection shall use the funds awarded under the grant to award training grants to employers who that provide on-the-job training and supervision for youth apprentices. A Subject to par. (c), a training grant provided under this subsection may not exceed 50% of the youth apprentice's hourly wage or $4 per hour, whichever is less. An employer may receive training grant funds for not more than 500 hours of work per youth apprentice in any school year, as defined in s. 115.001 (13) be awarded to an employer for each youth apprentice who receives at least 180 hours of paid on-the-job training from the employer during a school year, as defined in s. 115.001 (13). The amount of a training grant may not exceed $500 per youth apprentice per school year. A training grant may not be awarded for any specific youth apprentice for more than 2 school years.

27,2676d Section 2676d. 106.13 (4) (c) of the statutes is created to read:

106.13 (4) (c) Notwithstanding par. (b), the department may award a training grant under this subsection to an employer that provides less than 180 hours of paid on-the-job training for a youth apprentice during a school year, as defined in s. 115.001 (13), if the department determines that it would be beneficial for the youth apprentice to receive on-the-job training from more than one employer.

27,2678 Section 2678 . 106.14 (1) of the statutes, as affected by 1995 Wisconsin Act 27, section 3770m, is amended to read:

106.14 (1) The department may award grants to nonprofit corporations and public agencies for the provision of career counseling centers throughout the state. From the appropriation under s. 20.445 (1) (gd), the department shall allocate $600,000 in fiscal year 1997-98 and $300,000 in fiscal year 1998-99 for the payment of those grants.

27,2679 Section 2679 . 106.14 (1) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

106.14 (1) The department may award grants to nonprofit corporations and public agencies for the provision of career counseling centers throughout the state.

27,2680m Section 2680m. 106.215 (7) (c) of the statutes is created to read:

106.215 (7) (c) Conservation fund appropriation. Notwithstanding par. (a), moneys appropriated under s. 20.445 (6) (u) that are not derived from the forestation state tax under s. 70.58 may be utilized for any project approved by the board regardless of whether the project consists in whole or in part of conservation activities.

27,2681m Section 2681m. 106.215 (10) (c) of the statutes is amended to read:

106.215 (10) (c) Wages. Corps members shall be paid at the prevailing federal minimum wage or the applicable state minimum wage established under ch. 104, whichever is greater. Assistant crew leaders, crew leaders and regional crew leaders may be paid more than the prevailing federal minimum wage or applicable state minimum wage but may not be paid more than twice the hourly wage of a corps member. The board may waive the wage limitation of a regional crew leader. Corps enrollees shall receive their pay for the previous pay period on the last working day of the current pay period.

27,2681r Section 2681r. 106.215 (10) (cm) of the statutes is repealed.

27,2682 Section 2682 . 106.215 (10) (d) of the statutes is amended to read:

106.215 (10) (d) Unemployment compensation. A corps enrollee member or assistant crew leader is not eligible for unemployment compensation benefits by virtue of his or her employment in the Wisconsin conservation corps program. To the extent permitted by federal law, the Wisconsin conservation corps program shall be considered a work-relief and working-training program for the purpose of determining eligibility for benefits under s. 108.02 (15) (g) 1.