AB97: Bill Text

AB97, s. 112 Section 112. 49.85 (2) (b) of the statutes is amended to read:

AB97,38,18 49.85 (2) (b) At least annually, the department of industry, labor and job workforce development shall certify to the department of revenue the amounts that, based on the notifications received under sub. (1) and on other information received by the department of industry, labor and job workforce development, the department of industry, labor and job workforce development has determined that it may recover under ss. 49.125, 49.161 and 49.195 (3), except that the department of industry, labor and job workforce development may not certify an amount under this subsection unless it has met the notice requirements under sub. (3) and unless it's determination has either not been appealed or is no longer under appeal.

AB97, s. 113 Section 113. 49.85 (3) (b) (intro.) of the statutes is amended to read:

AB97,38,23 49.85 (3) (b) (intro.) At least 30 days before certification of an amount, the department of industry, labor and job workforce development shall send a notice to the last-known address of the person from whom that department intends to recover the amount. The notice shall do all of the following:

AB97, s. 114 Section 114. 49.85 (3) (b) 1. of the statutes is amended to read:

AB97,39,5 49.85 (3) (b) 1. Inform the person that the department of industry, labor and job workforce development intends to certify to the department of revenue an amount that the department of industry, labor and job workforce development has determined to be due under s. 49.125, 49.161 or 49.195 (3), for setoff from any state tax refund that may be due the person.

AB97, s. 115 Section 115. 49.85 (3) (b) 2. of the statutes is amended to read:

AB97,39,10 49.85 (3) (b) 2. Inform the person that he or she may appeal the determination of the department of industry, labor and job workforce development to certify the amount by requesting a hearing under sub. (4) within 30 days after the date of the letter and inform the person of the manner in which he or she may request a hearing.

AB97, s. 116 Section 116. 49.85 (3) (b) 3. of the statutes is amended to read:

AB97,39,15 49.85 (3) (b) 3. Inform the person that, if the determination of the department of industry, labor and job workforce development is appealed, that department will not certify the amount to the department of revenue while the determination of the department of industry, labor and job workforce development is under appeal.

AB97, s. 117 Section 117. 49.85 (3) (b) 4. of the statutes is amended to read:

AB97,39,22 49.85 (3) (b) 4. Inform the person that, unless a contested case hearing is requested to appeal the determination of the department of industry, labor and job workforce development, the person may be precluded from challenging any subsequent setoff of the certified amount by the department of revenue, except on the grounds that the certified amount has been partially or fully paid or otherwise discharged, since the date of the notice.

AB97, s. 118 Section 118. 49.85 (3) (b) 5. of the statutes is amended to read:

AB97,40,3 49.85 (3) (b) 5. Request that the person inform the department of industry, labor and job workforce development if a bankruptcy stay is in effect with respect to the person or if the claim has been discharged in bankruptcy.

AB97, s. 119 Section 119. 49.85 (4) (b) of the statutes is amended to read:

AB97,40,10 49.85 (4) (b) If a person has requested a hearing under this subsection, the department of industry, labor and job workforce development shall hold a contested case hearing under s. 227.44, except that the department of industry, labor and job workforce development may limit the scope of the hearing to exclude issues that were presented at a prior hearing or that could have been presented at a prior opportunity for hearing.

AB97, s. 120 Section 120. 49.85 (5) of the statutes is amended to read:

AB97,40,21 49.85 (5) Effect of certification. Receipt of a certification by the department of revenue shall constitute a lien, equal to the amount certified, on any state tax refunds or credits owed to the obligor. The lien shall be foreclosed by the department of revenue as a setoff under s. 71.93. Certification of an amount under this section does not prohibit the department of health and family services or the department of industry, labor and job workforce development from attempting to recover the amount through other legal means. The department of health and family services or the department of industry, labor and job workforce development shall promptly notify the department of revenue upon recovery of any amount previously certified under this section.

AB97, s. 121 Section 121. 49.855 (1) of the statutes is amended to read:

AB97,41,5 49.855 (1) If a person obligated to provide child support or maintenance is delinquent in making court-ordered payments, or owes an outstanding amount that has been ordered by the court for past support, medical expenses or birth expenses, the clerk of circuit court or county support collection designee under s. 59.07 (97m) 59.53 (5m), whichever is appropriate, upon application of the county designee under s. 59.53 (5) or the department of industry, labor and job workforce development, shall certify the delinquent payment or outstanding amount to the department of industry, labor and job workforce development.

AB97, s. 122 Section 122. 49.855 (2) of the statutes is amended to read:

AB97,41,10 49.855 (2) At least annually, the department of industry, labor and job workforce development shall provide to the department of revenue the certifications that it receives under sub. (1) and any certifications of delinquencies or outstanding amounts that it receives from another state because the obligor resides in this state.

AB97, s. 123 Section 123. 49.855 (4) of the statutes is amended to read:

AB97,42,4 49.855 (4) The department of revenue shall send that portion of any state or federal tax refunds or credits withheld for delinquent child support or maintenance or past support, medical expenses or birth expenses to the department of industry, labor and job workforce development for distribution to the appropriate clerk of circuit court or county support collection designee under s. 59.07 (97m) 59.53 (5m). The department of industry, labor and job workforce development shall make a settlement at least annually with the department of revenue and with each clerk of circuit court or county support collection designee under s. 59.07 (97m) 59.53 (5m) who has certified a delinquent obligation or outstanding amount for past support, medical expenses or birth expenses. The settlement shall state the amounts certified, the amounts deducted from tax refunds and credits and returned to the clerk of circuit court or county support collection designee under s. 59.07 (97m) 59.53 (5m) and the administrative costs incurred by the department of revenue. The department of industry, labor and job workforce development may charge the county whose clerk of circuit court or [county] support collection designee under s. 59.07 (97m) 59.53 (5m) certified the obligation or outstanding amount the related administrative costs incurred by the department of industry, labor and job workforce development and the department of revenue.

AB97, s. 124 Section 124. 49.855 (4m) (c) of the statutes is amended to read:

AB97,42,12 49.855 (4m) (c) Except as provided by order of the court after hearing under par. (b), the department of administration shall continue withholding until the amount certified is recovered in full. The department of administration shall transfer the amounts withheld under this paragraph to the department of industry, labor and job workforce development for distribution to the appropriate clerk of court, county support collection designee under s. 59.07 (97m) 59.53 (5m) or department of health and family services, whichever is appropriate.

AB97, s. 125 Section 125. 49.855 (5) of the statutes is amended to read:

AB97,42,23 49.855 (5) Certification of an obligation to the department of industry, labor and job workforce development does not deprive any party of the right to collect the obligation or to prosecute the obligor. The clerk of court or county support collection designee under s. 59.07 (97m) 59.53 (5m), whichever is appropriate, shall immediately notify the department of industry, labor and job workforce development of any collection of an obligation that has been certified by the clerk of court or county support collection designee under s. 59.07 (97m) 59.53 (5m). The department of industry, labor and job workforce development shall correct the certified obligation according to the amount the county has collected and report the correction to the department of revenue.

AB97, s. 126 Section 126. 49.855 (7) of the statutes is amended to read:

AB97,43,6 49.855 (7) The department of industry, labor and job workforce development may provide a certification under sub. (1) to a state agency or authority under s. 21.49 (2) (e), 36.11 (6) (b), 36.25 (14), 36.34 (1), 39.30 (2) (e), 39.38 (2), 39.435 (6), 39.44 (4), 39.47 (2m), 45.351 (2) (c), 45.356 (6), 45.396 (6), 45.74 (6), 145.245 (5m) (b), 234.04 (2), 234.49 (1) (c), 234.59 (3) (c), 234.65 (3) (f), 234.90 (3) (d) or (3g) (c), 234.905 (3) (d), 281.65 (8) (L) or 949.08 (2) (g).

AB97, s. 127 Section 127. 49.86 of the statutes is amended to read:

AB97,43,22 49.86 Disbursement of funds and facsimile signatures. Withdrawal or disbursement of moneys deposited in a public depository, as defined in s. 34.01 (5), to the credit of the department of industry, labor and job workforce development or any of its divisions or agencies shall be by check, share draft or other draft signed by the secretary of industry, labor and job workforce development or by one or more persons in the department of industry, labor and job workforce development designated by written authorization of the secretary of industry, labor and job workforce development. Such checks, share drafts and other drafts shall be signed personally or by use of a mechanical device adopted by the secretary of industry, labor and job workforce development or his or her designees for affixing a facsimile signature. Any public depository shall be fully warranted and protected in making payment on any check, share draft or other draft bearing such facsimile signature notwithstanding that the facsimile may have been placed thereon without the authority of the secretary of industry, labor and job workforce development or his or her designees.

AB97, s. 128 Section 128. 49.89 (2) of the statutes is amended to read:

AB97,44,7 49.89 (2) Subrogation. The department of health and family services, the department of industry, labor and job workforce development, a county or an elected tribal governing body that provides any public assistance under this chapter or under s. 253.05 as a result of the occurrence of an injury, sickness or death that creates a claim or cause of action, whether in tort or contract, on the part of a public assistance recipient or beneficiary or the estate of a recipient or beneficiary against a 3rd party, including an insurer, is subrogated to the rights of the recipient, beneficiary or estate and may make a claim or maintain an action or intervene in a claim or action by the recipient, beneficiary or estate against the 3rd party.

AB97, s. 129 Section 129. 49.89 (6) of the statutes is amended to read:

AB97,44,12 49.89 (6) Departments' duties and powers. The department of health and family services and the department of industry, labor and job workforce development shall enforce their rights under this section and may contract for the recovery of any claim or right of indemnity arising under this section.

AB97, s. 130 Section 130. 49.89 (7) (d) 2. of the statutes is amended to read:

AB97,44,19 49.89 (7) (d) 2. Any county or elected tribal governing body that has made a recovery under this section for which it is eligible to receive an incentive payment under par. (c) shall report such recovery to the department of industry, labor and job workforce development within 30 days after the end of the month in which the recovery is made in a manner specified by the department of industry, labor and job workforce development.

AB97, s. 131 Section 131. 49.90 (2) of the statutes is amended to read:

AB97,45,6 49.90 (2) Upon failure of these relatives to provide maintenance the authorities or board shall submit to the corporation counsel a report of its findings. Upon receipt of the report the corporation counsel shall, within 60 days, apply to the circuit court for the county in which the dependent person under sub. (1) (a) 1. or the child of a dependent person under sub. (1) (a) 2. resides for an order to compel the maintenance. Upon such an application the corporation counsel shall make a written report to the county department under s. 46.215, 46.22 or 46.23, with a copy to the chairperson of the county board of supervisors in a county with a single-county department or the county boards of supervisors in counties with a multicounty department, and to the department of health and family services or the department of industry, labor and job workforce development, whichever is appropriate.

AB97, s. 132 Section 132. 49.90 (2g) of the statutes is amended to read:

AB97,45,16 49.90 (2g) In addition to the remedy specified in sub. (2), upon failure of a grandparent to provide maintenance under sub. (1) (a) 2., another grandparent who is or may be required to provide maintenance under sub. (1) (a) 2., a child of a dependent minor or the child's parent may apply to the circuit court for the county in which the child resides for an order to compel the provision of maintenance. A county department under s. 46.215, 46.22 or 46.23, a county child support agency or the department of industry, labor and job workforce development may initiate an action to obtain maintenance of the child by the child's grandparent under sub. (1) (a) 2., regardless of whether the child receives public assistance.

AB97, s. 133 Section 133. 59.40 (2) (p) of the statutes is amended to read:

AB97,45,22 59.40 (2) (p) Cooperate with the department of industry, labor and job workforce development with respect to the child and spousal support and establishment of paternity and medical liability support program under ss. 49.22 and 59.53 (5), and provide that department with any information from court records which it requires to administer that program.

AB97, s. 134 Section 134. 59.53 (5) of the statutes is amended to read:

AB97,46,14 59.53 (5) Child and spousal support; paternity program; medical support liability program. The board shall contract with the department of industry, labor and job workforce development to implement and administer the child and spousal support and establishment of paternity and the medical support liability programs provided for by Title IV of the federal social security act. The board may designate by board resolution any office, officer, board, department or agency as the county designee. The board or its designee shall implement and administer the programs in accordance with the contract with the department of industry, labor and job workforce development. The attorneys responsible for support enforcement under sub. (6) (a), family court commissioner, clerk of court and all other county officials shall cooperate with the county and the department of industry, labor and job workforce development as necessary to provide the services required under the programs. The county shall charge the fee established by the department of industry, labor and job workforce development under s. 49.22 for services provided under this subsection to persons not receiving benefits under s. 49.148, 49.153 or 49.155 or assistance under s. 46.261, 49.19 or 49.47.

AB97, s. 135 Section 135. 59.69 (4e) of the statutes is amended to read:

AB97,46,23 59.69 (4e) Migrant labor camps. The board may not enact an ordinance or adopt a resolution that interferes with any repair or expansion of migrant labor camps, as defined in s. 103.90 (3), that are in existence on May 12, 1992, if the repair or expansion is required by an administrative rule that is promulgated by the department of industry, labor and job workforce development under ss. 103.90 to 103.97. An ordinance or resolution of the county that is in effect on May 12, 1992, and that interferes with any repair or expansion of existing migrant labor camps that is required by such an administrative rule is void.

AB97, s. 136 Section 136. 60.61 (3m) of the statutes is amended to read:

AB97,47,8 60.61 (3m) Migrant labor camps. The town board may not enact an ordinance or adopt a resolution that interferes with any repair or expansion of migrant labor camps, as defined in s. 103.90 (3), that are in existence on May 12, 1992, if the repair or expansion is required by an administrative rule promulgated by the department of industry, labor and job workforce development under ss. 103.90 to 103.97. An ordinance or resolution of the town that is in effect on May 12, 1992, and that interferes with any repair or expansion of existing migrant labor camps that is required by such an administrative rule is void.

AB97, s. 137 Section 137. 62.23 (7) (hm) of the statutes is amended to read:

AB97,47,17 62.23 (7) (hm) Migrant labor camps. The council of a city may not enact an ordinance or adopt a resolution that interferes with any repair or expansion of migrant labor camps, as defined in s. 103.90 (3), that are in existence on May 12, 1992, if the repair or expansion is required by an administrative rule promulgated by the department of industry, labor and job workforce development under ss. 103.90 to 103.97. An ordinance or resolution of a city that is in effect on May 12, 1992, and that interferes with any repair or expansion of existing migrant labor camps that is required by such an administrative rule is void.

AB97, s. 138 Section 138. 66.293 (1) (b) of the statutes is amended to read:

AB97,47,20 66.293 (1) (b) "Department" means the department of industry, labor and job workforce development.

AB97, s. 139 Section 139. 66.293 (1) (h) of the statutes is amended to read:

AB97,47,23 66.293 (1) (h) "Secretary" means the secretary of industry, labor and job workforce development.

AB97, s. 140 Section 140. 66.46 (6c) (a) of the statutes is amended to read:

AB97,48,9 66.46 (6c) (a) Any person who operates for profit and is paid project costs under sub. (2) (f) 1. a., d., j. and k. in connection with the project plan for a tax incremental district shall notify the department of industry, labor and job workforce development and the area private industry council under the job training partnership act, 29 USC 1501 to 1798, of any positions to be filled in the county in which the city which created the tax incremental district is located during the period commencing with the date the person first performs work on the project and ending one year after receipt of its final payment of project costs. The person shall provide this notice at least 2 weeks prior to advertising the position.

AB97, s. 141 Section 141. 66.46 (6c) (b) of the statutes is amended to read:

AB97,48,18 66.46 (6c) (b) Any person who operates for profit and buys or leases property in a tax incremental district from a city for which the city incurs real property assembly costs under sub. (2) (f) 1. c. shall notify the department of industry, labor and job workforce development and the area private industry council under the job training partnership act, 29 USC 1501 to 1798, of any position to be filled in the county in which the city creating the tax incremental district is located within one year after the sale or commencement of the lease. The person shall provide this notice at least 2 weeks prior to advertising the position.

AB97, s. 142 Section 142. 66.521 (6m) of the statutes is amended to read:

AB97,49,2 66.521 (6m) Notification of position openings. A municipality may not enter into a revenue agreement with any person who operates for profit unless that person has agreed to notify the department of industry, labor and job workforce development and the area private industry council under the job training partnership act, 29 USC 1501 to 1798, of any position to be filled in that municipality within one year after issuance of the revenue bonds. The person shall provide this notice at least 2 weeks before advertising the position. The notice required by this subsection does not affect the offer of employment requirements of sub. (4s).

AB97, s. 143 Section 143. 69.15 (3) (b) 3. of the statutes is amended to read:

AB97,49,13 69.15 (3) (b) 3. Except as provided under par. (c), if the state registrar receives a statement acknowledging paternity on a form prescribed by the state registrar and signed by both parents, along with the fee under s. 69.22, the state registrar shall insert the name of the father under subd. 1. The state registrar shall mark the certificate to show that the form is on file. The form shall be available to the department of industry, labor and job workforce development or its designee under s. 59.53 (5) pursuant to the program responsibilities under s. 49.22 or to any other person with a direct and tangible interest in the record. The state registrar shall include on the form for the acknowledgment a notice of the information in ss. 767.458 (1) (a) to (e) and 767.62.

AB97, s. 144 Section 144. 71.67 (7) (a) and (b) (intro.) of the statutes are amended to read:

AB97,49,20 71.67 (7) (a) The department of industry, labor and job workforce development may, in accordance with s. 108.135, deduct and withhold from any unemployment compensation payment, on a form prepared by the department of industry, labor and job workforce development, a portion of the payment as Wisconsin income tax. The department of industry, labor and job workforce development shall deposit the amounts withheld, on a monthly basis, as provided in s. 108.135 (6).

AB97,49,24 (b) (intro.) The department of industry, labor and job workforce development shall furnish to each claimant who receives benefits during any year, on or before January 31 of the succeeding year, at least one legible copy of a written statement showing all of the following:

AB97, s. 145 Section 145. 71.67 (7) (c) 2. of the statutes is amended to read:

AB97,50,3 71.67 (7) (c) 2. The department of industry, labor and job workforce development shall furnish the department of revenue with a copy of any statement that is furnished to the claimant under par. (b).

AB97, s. 146 Section 146. 71.93 (1) (a) 2. of the statutes is amended to read:

AB97,50,8 71.93 (1) (a) 2. A delinquent child support or spousal support obligation that has been reduced to a judgment and has been submitted by an agency of another state to the department of industry, labor and job workforce development for certification under this section.

AB97, s. 147 Section 147. 71.93 (1) (a) 4. of the statutes is amended to read:

AB97,50,13 71.93 (1) (a) 4. An amount that the department of industry, labor and job workforce development may recover under s. 49.125 or 49.195 (3), if the department of industry, labor and job workforce development has certified the amount under s. 49.85.

AB97, s. 148 Section 148. 77.265 (4) of the statutes is amended to read:

AB97,50,16 77.265 (4) The department of industry, labor and job workforce development may use the returns under s. 106.04.

AB97, s. 149 Section 149. 84.25 (11) of the statute is amended to read:

AB97,50,22 84.25 (11) Commercial enterprises. No commercial enterprise, except a vending facility which is licensed by the department of industry, labor and job workforce development and operated by blind or visually impaired persons, shall be authorized or conducted within or on property acquired for or designated as a controlled-access highway.

AB97, s. 150 Section 150. 101.055 (8) (ag) of the statutes is amended to read:

AB97,51,3 101.055 (8) (ag) In this subsection, "division of equal rights" means the division of equal rights in the department of industry, labor and job workforce development acting under the authority provided in s. 106.06 (4).

AB97, s. 151 Section 151. 102.01 (2) (ap) of the statutes is amended to read:

AB97,51,6 102.01 (2) (ap) "Department" means the department of industry, labor and job workforce development.

AB97, s. 152 Section 152. 102.01 (2) (em) of the statutes is amended to read:

AB97,51,9 102.01 (2) (em) "Secretary" means the secretary of industry, labor and job workforce development.

AB97, s. 153 Section 153. 102.08 of the statutes is amended to read:

AB97,51,22 102.08 Administration for state employes. The department of administration has responsibility for the timely delivery of benefits payable under this chapter to employes of the state and their dependents and other functions of the state as an employer under this chapter. The department of administration may delegate this authority to employing departments and agencies and require such reports as it deems necessary to accomplish this purpose. The department of administration or its delegated authorities shall file with the department of industry, labor and job workforce development the reports that are required of all employers. The department of industry, labor and job workforce development shall monitor the delivery of benefits to state employes and their dependents and shall consult with and advise the department of administration in the manner and at the times necessary to ensure prompt and proper delivery.

AB97, s. 154 Section 154. 102.42 (8) of the statutes is amended to read:

AB97,52,6 102.42 (8) Award to state employe. Whenever an award is made by the department in behalf of a state employe, the department of industry, labor and job workforce development shall file duplicate copies of the award with the department of administration. Upon receipt of the copies of the award, the department of administration shall promptly issue a voucher in payment of the award from the proper appropriation under s. 20.865 (1) (fm), (kr) or (ur), and shall transmit one copy of the voucher and the award to the officer, department or agency by whom the affected employe is employed.

AB97, s. 155 Section 155. 102.61 (1m) (c) of the statutes is amended to read:

AB97,52,17 102.61 (1m) (c) The employer or insurance carrier shall pay the reasonable cost of any services provided for an employe by a private rehabilitation counselor under par. (a) and, subject to the conditions and limitations specified in sub. (1r) (a) to (c) and by rule, if the private rehabilitation counselor determines that rehabilitative training is necessary, the reasonable cost of the rehabilitative training program recommended by that counselor, including tuition, fees, books and maintenance and travel expenses. Notwithstanding that the department of industry, labor and job workforce development may authorize under s. 102.43 (5) a rehabilitative training program that lasts longer than 80 weeks, a rehabilitative training program that lasts 80 weeks or less is presumed to be reasonable.