AB97, s. 122
6Section
122. 49.855 (2) of the statutes is amended to read:
AB97,41,107
49.855
(2) At least annually, the department of
industry, labor and job
8workforce development shall provide to the department of revenue the certifications
9that it receives under sub. (1) and any certifications of delinquencies or outstanding
10amounts that it receives from another state because the obligor resides in this state.
AB97, s. 123
11Section
123. 49.855 (4) of the statutes is amended to read:
AB97,42,412
49.855
(4) The department of revenue shall send that portion of any state or
13federal tax refunds or credits withheld for delinquent child support or maintenance
14or past support, medical expenses or birth expenses to the department of
industry,
15labor and job workforce development for distribution to the appropriate clerk of
16circuit court or county support collection designee under s.
59.07 (97m) 59.53 (5m).
17The department of
industry, labor and job workforce development shall make a
18settlement at least annually with the department of revenue and with each clerk of
19circuit court or county support collection designee under s.
59.07 (97m) 59.53 (5m) 20who has certified a delinquent obligation or outstanding amount for past support,
21medical expenses or birth expenses. The settlement shall state the amounts
22certified, the amounts deducted from tax refunds and credits and returned to the
23clerk of circuit court or county support collection designee under s.
59.07 (97m) 59.53
24(5m) and the administrative costs incurred by the department of revenue. The
25department of
industry, labor and job workforce development may charge the county
1whose clerk of circuit court or [county] support collection designee under s.
59.07
2(97m) 59.53 (5m) certified the obligation or outstanding amount the related
3administrative costs incurred by the department of
industry, labor and job workforce 4development and the department of revenue.
AB97, s. 124
5Section
124. 49.855 (4m) (c) of the statutes is amended to read:
AB97,42,126
49.855
(4m) (c) Except as provided by order of the court after hearing under
7par. (b), the department of administration shall continue withholding until the
8amount certified is recovered in full. The department of administration shall
9transfer the amounts withheld under this paragraph to the department of
industry,
10labor and job workforce development for distribution to the appropriate clerk of
11court, county support collection designee under s.
59.07 (97m) 59.53 (5m) or
12department of health and family services, whichever is appropriate.
AB97, s. 125
13Section
125. 49.855 (5) of the statutes is amended to read:
AB97,42,2314
49.855
(5) Certification of an obligation to the department of
industry, labor
15and job workforce development does not deprive any party of the right to collect the
16obligation or to prosecute the obligor. The clerk of court or county support collection
17designee under s.
59.07 (97m) 59.53 (5m), whichever is appropriate, shall
18immediately notify the department of
industry, labor and job workforce development
19of any collection of an obligation that has been certified by the clerk of court or county
20support collection designee under s.
59.07 (97m)
59.53 (5m). The department of
21industry, labor and job workforce development shall correct the certified obligation
22according to the amount the county has collected and report the correction to the
23department of revenue.
AB97, s. 126
24Section
126. 49.855 (7) of the statutes is amended to read:
AB97,43,6
149.855
(7) The department of
industry, labor and job workforce development
2may provide a certification under sub. (1) to a state agency or authority under s. 21.49
3(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),
439.47 (2m), 45.351 (2) (c), 45.356 (6), 45.396 (6), 45.74 (6), 145.245 (5m) (b), 234.04
5(2), 234.49 (1) (c), 234.59 (3) (c), 234.65 (3) (f), 234.90 (3) (d) or (3g) (c), 234.905 (3) (d),
6281.65 (8) (L) or 949.08 (2) (g).
AB97, s. 127
7Section
127. 49.86 of the statutes is amended to read:
AB97,43,22
849.86 Disbursement of funds and facsimile signatures. Withdrawal or
9disbursement of moneys deposited in a public depository, as defined in s. 34.01 (5),
10to the credit of the department of
industry, labor and job workforce development or
11any of its divisions or agencies shall be by check, share draft or other draft signed by
12the secretary of
industry, labor and job workforce development or by one or more
13persons in the department of
industry, labor and job
workforce development
14designated by written authorization of the secretary of
industry, labor and job 15workforce development. Such checks, share drafts and other drafts shall be signed
16personally or by use of a mechanical device adopted by the secretary of
industry, labor
17and job workforce development or his or her designees for affixing a facsimile
18signature. Any public depository shall be fully warranted and protected in making
19payment on any check, share draft or other draft bearing such facsimile signature
20notwithstanding that the facsimile may have been placed thereon without the
21authority of the secretary of
industry, labor and job
workforce development or his or
22her designees.
AB97, s. 128
23Section
128. 49.89 (2) of the statutes is amended to read:
AB97,44,724
49.89
(2) Subrogation. The department of health and family services, the
25department of
industry, labor and job workforce development, a county or an elected
1tribal governing body that provides any public assistance under this chapter or
2under s. 253.05 as a result of the occurrence of an injury, sickness or death that
3creates a claim or cause of action, whether in tort or contract, on the part of a public
4assistance recipient or beneficiary or the estate of a recipient or beneficiary against
5a 3rd party, including an insurer, is subrogated to the rights of the recipient,
6beneficiary or estate and may make a claim or maintain an action or intervene in a
7claim or action by the recipient, beneficiary or estate against the 3rd party.
AB97, s. 129
8Section
129. 49.89 (6) of the statutes is amended to read:
AB97,44,129
49.89
(6) Departments' duties and powers. The department of health and
10family services and the department of
industry, labor and job workforce development
11shall enforce their rights under this section and may contract for the recovery of any
12claim or right of indemnity arising under this section.
AB97, s. 130
13Section
130. 49.89 (7) (d) 2. of the statutes is amended to read:
AB97,44,1914
49.89
(7) (d) 2. Any county or elected tribal governing body that has made a
15recovery under this section for which it is eligible to receive an incentive payment
16under par. (c) shall report such recovery to the department of
industry, labor and job 17workforce development within 30 days after the end of the month in which the
18recovery is made in a manner specified by the department of
industry, labor and job 19workforce development.
AB97, s. 131
20Section
131. 49.90 (2) of the statutes is amended to read:
AB97,45,621
49.90
(2) Upon failure of these relatives to provide maintenance the authorities
22or board shall submit to the corporation counsel a report of its findings. Upon receipt
23of the report the corporation counsel shall, within 60 days, apply to the circuit court
24for the county in which the dependent person under sub. (1) (a) 1. or the child of a
25dependent person under sub. (1) (a) 2. resides for an order to compel the
1maintenance. Upon such an application the corporation counsel shall make a
2written report to the county department under s. 46.215, 46.22 or 46.23, with a copy
3to the chairperson of the county board of supervisors in a county with a single-county
4department or the county boards of supervisors in counties with a multicounty
5department, and to the department of health and family services or the department
6of
industry, labor and job workforce development, whichever is appropriate.
AB97, s. 132
7Section
132. 49.90 (2g) of the statutes is amended to read:
AB97,45,168
49.90
(2g) In addition to the remedy specified in sub. (2), upon failure of a
9grandparent to provide maintenance under sub. (1) (a) 2., another grandparent who
10is or may be required to provide maintenance under sub. (1) (a) 2., a child of a
11dependent minor or the child's parent may apply to the circuit court for the county
12in which the child resides for an order to compel the provision of maintenance. A
13county department under s. 46.215, 46.22 or 46.23, a county child support agency or
14the department of
industry, labor and job workforce development may initiate an
15action to obtain maintenance of the child by the child's grandparent under sub. (1)
16(a) 2., regardless of whether the child receives public assistance.
AB97, s. 133
17Section
133. 59.40 (2) (p) of the statutes is amended to read:
AB97,45,2218
59.40
(2) (p) Cooperate with the department of
industry, labor and job 19workforce development with respect to the child and spousal support and
20establishment of paternity and medical liability support program under ss. 49.22
21and 59.53 (5), and provide that department with any information from court records
22which it requires to administer that program.
AB97, s. 134
23Section
134. 59.53 (5) of the statutes is amended to read:
AB97,46,1424
59.53
(5) Child and spousal support; paternity program; medical support
25liability program. The board shall contract with the department of
industry, labor
1and job workforce development to implement and administer the child and spousal
2support and establishment of paternity and the medical support liability programs
3provided for by Title IV of the federal social security act. The board may designate
4by board resolution any office, officer, board, department or agency as the county
5designee. The board or its designee shall implement and administer the programs
6in accordance with the contract with the department of
industry, labor and job 7workforce development. The attorneys responsible for support enforcement under
8sub. (6) (a), family court commissioner, clerk of court and all other county officials
9shall cooperate with the county and the department of
industry, labor and job 10workforce development as necessary to provide the services required under the
11programs. The county shall charge the fee established by the department of
industry,
12labor and job workforce development under s. 49.22 for services provided under this
13subsection to persons not receiving benefits under s. 49.148, 49.153 or 49.155 or
14assistance under s. 46.261, 49.19 or 49.47.
AB97, s. 135
15Section
135. 59.69 (4e) of the statutes is amended to read:
AB97,46,2316
59.69
(4e) Migrant labor camps. The board may not enact an ordinance or
17adopt a resolution that interferes with any repair or expansion of migrant labor
18camps, as defined in s. 103.90 (3), that are in existence on May 12, 1992, if the repair
19or expansion is required by an administrative rule that is promulgated by the
20department of
industry, labor and job workforce development under ss. 103.90 to
21103.97. An ordinance or resolution of the county that is in effect on May 12, 1992,
22and that interferes with any repair or expansion of existing migrant labor camps that
23is required by such an administrative rule is void.
AB97, s. 136
24Section
136. 60.61 (3m) of the statutes is amended to read:
AB97,47,8
160.61
(3m) Migrant labor camps. The town board may not enact an ordinance
2or adopt a resolution that interferes with any repair or expansion of migrant labor
3camps, as defined in s. 103.90 (3), that are in existence on May 12, 1992, if the repair
4or expansion is required by an administrative rule promulgated by the department
5of
industry, labor and job workforce development under ss. 103.90 to 103.97. An
6ordinance or resolution of the town that is in effect on May 12, 1992, and that
7interferes with any repair or expansion of existing migrant labor camps that is
8required by such an administrative rule is void.
AB97, s. 137
9Section
137. 62.23 (7) (hm) of the statutes is amended to read:
AB97,47,1710
62.23
(7) (hm)
Migrant labor camps. The council of a city may not enact an
11ordinance or adopt a resolution that interferes with any repair or expansion of
12migrant labor camps, as defined in s. 103.90 (3), that are in existence on May 12,
131992, if the repair or expansion is required by an administrative rule promulgated
14by the department of
industry, labor and job workforce development under ss. 103.90
15to 103.97. An ordinance or resolution of a city that is in effect on May 12, 1992, and
16that interferes with any repair or expansion of existing migrant labor camps that is
17required by such an administrative rule is void.
AB97, s. 138
18Section
138. 66.293 (1) (b) of the statutes is amended to read:
AB97,47,2019
66.293
(1) (b) "Department" means the department of
industry, labor and job 20workforce development.
AB97, s. 139
21Section
139. 66.293 (1) (h) of the statutes is amended to read:
AB97,47,2322
66.293
(1) (h) "Secretary" means the secretary of
industry, labor and job 23workforce development.
AB97, s. 140
24Section
140. 66.46 (6c) (a) of the statutes is amended to read:
AB97,48,9
166.46
(6c) (a) Any person who operates for profit and is paid project costs under
2sub. (2) (f) 1. a., d., j. and k. in connection with the project plan for a tax incremental
3district shall notify the department of
industry, labor and job workforce development
4and the area private industry council under the job training partnership act,
29 USC
51501 to
1798, of any positions to be filled in the county in which the city which created
6the tax incremental district is located during the period commencing with the date
7the person first performs work on the project and ending one year after receipt of its
8final payment of project costs. The person shall provide this notice at least 2 weeks
9prior to advertising the position.
AB97, s. 141
10Section
141. 66.46 (6c) (b) of the statutes is amended to read:
AB97,48,1811
66.46
(6c) (b) Any person who operates for profit and buys or leases property
12in a tax incremental district from a city for which the city incurs real property
13assembly costs under sub. (2) (f) 1. c. shall notify the department of
industry, labor
14and job workforce development and the area private industry council under the job
15training partnership act,
29 USC 1501 to
1798, of any position to be filled in the
16county in which the city creating the tax incremental district is located within one
17year after the sale or commencement of the lease. The person shall provide this
18notice at least 2 weeks prior to advertising the position.
AB97, s. 142
19Section
142. 66.521 (6m) of the statutes is amended to read:
AB97,49,220
66.521
(6m) Notification of position openings. A municipality may not enter
21into a revenue agreement with any person who operates for profit unless that person
22has agreed to notify the department of
industry, labor and job workforce development
23and the area private industry council under the job training partnership act,
29 USC
241501 to
1798, of any position to be filled in that municipality within one year after
25issuance of the revenue bonds. The person shall provide this notice at least 2 weeks
1before advertising the position. The notice required by this subsection does not affect
2the offer of employment requirements of sub. (4s).
AB97, s. 143
3Section
143. 69.15 (3) (b) 3. of the statutes is amended to read:
AB97,49,134
69.15
(3) (b) 3. Except as provided under par. (c), if the state registrar receives
5a statement acknowledging paternity on a form prescribed by the state registrar and
6signed by both parents, along with the fee under s. 69.22, the state registrar shall
7insert the name of the father under subd. 1. The state registrar shall mark the
8certificate to show that the form is on file. The form shall be available to the
9department of
industry, labor and job workforce development or its designee under
10s. 59.53 (5) pursuant to the program responsibilities under s. 49.22 or to any other
11person with a direct and tangible interest in the record. The state registrar shall
12include on the form for the acknowledgment a notice of the information in ss. 767.458
13(1) (a) to (e) and 767.62.
AB97, s. 144
14Section
144. 71.67 (7) (a) and (b) (intro.) of the statutes are amended to read:
AB97,49,2015
71.67
(7) (a) The department of
industry, labor and job workforce development
16may, in accordance with s. 108.135, deduct and withhold from any unemployment
17compensation payment, on a form prepared by the department of
industry, labor and
18job workforce development, a portion of the payment as Wisconsin income tax. The
19department of
industry, labor and job workforce development shall deposit the
20amounts withheld, on a monthly basis, as provided in s. 108.135 (6).
AB97,49,2421
(b) (intro.) The department of
industry, labor and job workforce development
22shall furnish to each claimant who receives benefits during any year, on or before
23January 31 of the succeeding year, at least one legible copy of a written statement
24showing all of the following:
AB97, s. 145
25Section
145. 71.67 (7) (c) 2. of the statutes is amended to read:
AB97,50,3
171.67
(7) (c) 2. The department of
industry, labor and job workforce 2development shall furnish the department of revenue with a copy of any statement
3that is furnished to the claimant under par. (b).
AB97, s. 146
4Section
146. 71.93 (1) (a) 2. of the statutes is amended to read:
AB97,50,85
71.93
(1) (a) 2. A delinquent child support or spousal support obligation that
6has been reduced to a judgment and has been submitted by an agency of another
7state to the department of
industry, labor and job
workforce development for
8certification under this section.
AB97, s. 147
9Section
147. 71.93 (1) (a) 4. of the statutes is amended to read:
AB97,50,1310
71.93
(1) (a) 4. An amount that the department of
industry, labor and job 11workforce development may recover under s. 49.125 or 49.195 (3), if the department
12of
industry, labor and job workforce development has certified the amount under s.
1349.85.
AB97, s. 148
14Section
148. 77.265 (4) of the statutes is amended to read:
AB97,50,1615
77.265
(4) The department of
industry, labor and job workforce development
16may use the returns under s. 106.04.
AB97, s. 149
17Section
149. 84.25 (11) of the statute is amended to read:
AB97,50,2218
84.25
(11) Commercial enterprises. No commercial enterprise, except a
19vending facility which is licensed by the department of
industry, labor and job 20workforce development and operated by blind or visually impaired persons, shall be
21authorized or conducted within or on property acquired for or designated as a
22controlled-access highway.
AB97, s. 150
23Section
150. 101.055 (8) (ag) of the statutes is amended to read:
AB97,51,3
1101.055
(8) (ag) In this subsection, "division of equal rights" means the division
2of equal rights in the department of
industry, labor and job workforce development
3acting under the authority provided in s. 106.06 (4).
AB97, s. 151
4Section
151. 102.01 (2) (ap) of the statutes is amended to read:
AB97,51,65
102.01
(2) (ap) "Department" means the department of
industry, labor and job 6workforce development.
AB97, s. 152
7Section
152. 102.01 (2) (em) of the statutes is amended to read:
AB97,51,98
102.01
(2) (em) "Secretary" means the secretary of
industry, labor and job 9workforce development.
AB97, s. 153
10Section
153. 102.08 of the statutes is amended to read:
AB97,51,22
11102.08 Administration for state employes. The department of
12administration has responsibility for the timely delivery of benefits payable under
13this chapter to employes of the state and their dependents and other functions of the
14state as an employer under this chapter. The department of administration may
15delegate this authority to employing departments and agencies and require such
16reports as it deems necessary to accomplish this purpose. The department of
17administration or its delegated authorities shall file with the department of
industry,
18labor and job workforce development the reports that are required of all employers.
19The department of
industry, labor and job workforce development shall monitor the
20delivery of benefits to state employes and their dependents and shall consult with
21and advise the department of administration in the manner and at the times
22necessary to ensure prompt and proper delivery.
AB97, s. 154
23Section
154. 102.42 (8) of the statutes is amended to read:
AB97,52,624
102.42
(8) Award to state employe. Whenever an award is made by the
25department in behalf of a state employe, the department of
industry, labor and job
1workforce development shall file duplicate copies of the award with the department
2of administration. Upon receipt of the copies of the award, the department of
3administration shall promptly issue a voucher in payment of the award from the
4proper appropriation under s. 20.865 (1) (fm), (kr) or (ur), and shall transmit one copy
5of the voucher and the award to the officer, department or agency by whom the
6affected employe is employed.
AB97, s. 155
7Section
155. 102.61 (1m) (c) of the statutes is amended to read:
AB97,52,178
102.61
(1m) (c) The employer or insurance carrier shall pay the reasonable cost
9of any services provided for an employe by a private rehabilitation counselor under
10par. (a) and, subject to the conditions and limitations specified in sub. (1r) (a) to (c)
11and by rule, if the private rehabilitation counselor determines that rehabilitative
12training is necessary, the reasonable cost of the rehabilitative training program
13recommended by that counselor, including tuition, fees, books and maintenance and
14travel expenses. Notwithstanding that the department of
industry, labor and job 15workforce development may authorize under s. 102.43 (5) a rehabilitative training
16program that lasts longer than 80 weeks, a rehabilitative training program that lasts
1780 weeks or less is presumed to be reasonable.
AB97, s. 156
18Section
156. 102.61 (1m) (f) of the statutes is amended to read:
AB97,52,2319
102.61
(1m) (f) The department of
industry, labor and job workforce 20development shall promulgate rules establishing procedures and requirements for
21the private rehabilitation counseling and rehabilitative training process under this
22subsection. Those rules shall include rules specifying the procedure and
23requirements for certification of private rehabilitation counselors.
AB97, s. 157
24Section
157. 102.61 (2) of the statutes is amended to read:
AB97,53,8
1102.61
(2) The department of
industry, labor and job workforce development,
2the commission and the courts shall determine the rights and liabilities of the parties
3under this section in like manner and with like effect as that department, the
4commission and the courts do other issues under compensation. A determination
5under this subsection may include a determination based on the evidence regarding
6the cost or scope of the services provided by a private rehabilitation counselor under
7sub. (1m) (a) or the cost or reasonableness of a rehabilitative training program
8developed under sub. (1m) (a).
AB97, s. 158
9Section
158. 102.64 (1) of the statutes is amended to read:
AB97,53,2110
102.64
(1) Upon request of the department of administration, a representative
11of the department of justice shall represent the state in cases involving payment into
12or out of the state treasury under s. 20.865 (1) (fm), (kr) or (ur) or 102.29. The
13department of justice, after giving notice to the department of administration, may
14compromise the amount of such payments but such compromises shall be subject to
15review by the department of
industry, labor and job
workforce development. If the
16spouse of the deceased employe compromises his or her claim for a primary death
17benefit, the claim of the children of such employe under s. 102.49 shall be
18compromised on the same proportional basis, subject to approval by the department.
19If the persons entitled to compensation on the basis of total dependency under s.
20102.51 (1) compromise their claim, payments under s. 102.49 (5) (a) shall be
21compromised on the same proportional basis.
AB97, s. 159
22Section
159. 102.64 (2) of the statutes is amended to read:
AB97,54,823
102.64
(2) Upon request of the department of administration, the attorney
24general shall appear on behalf of the state in proceedings upon claims for
25compensation against the state. The department of justice shall represent the
1interests of the state in proceedings under s. 102.49, 102.59 or 102.66. The
2department of justice may compromise claims in such proceedings, but the
3compromises are subject to review by the department of
industry, labor and job 4workforce development. Costs incurred by the department of justice in prosecuting
5or defending any claim for payment into or out of the work injury supplemental
6benefit fund under s. 102.65, including expert witness and witness fees but not
7including attorney fees or attorney travel expenses for services performed under this
8subsection, shall be paid from the work injury supplemental benefit fund.
AB97, s. 160
9Section
160. 102.82 (2) (c) of the statutes is amended to read:
AB97,54,1310
102.82
(2) (c) The department of justice or, if the department of justice consents,
11the department of
industry, labor and job workforce development may bring an
12action in circuit court to recover payments and interest owed to the department of
13industry, labor and job workforce development under this section.
AB97, s. 161
14Section
161. 103.001 (3) of the statutes is amended to read:
AB97,54,1615
103.001
(3) "Department" means the department of
industry, labor and job 16workforce development.
AB97, s. 162
17Section
162. 103.001 (15) of the statutes is amended to read:
AB97,54,1918
103.001
(15) "Secretary" means the secretary of
industry, labor and job 19workforce development.
AB97, s. 163
20Section
163. 103.005 (20) of the statutes is amended to read:
AB97,55,221
103.005
(20) The department
of industry, labor and job development shall
22establish a procedure for
that the department to provide to the state public defender
23and the department of administration any information that the department
of
24industry, labor and job development may have concerning an individual's wages to
1assist the state public defender and the department of administration in collecting
2payment ordered under s. 48.275 (2), 757.66, 973.06 (1) (e) or 977.076 (1).
AB97, s. 164
3Section
164. 103.10 (12) (a) 2. of the statutes is amended to read:
AB97,55,64
103.10
(12) (a) 2. The department of
industry, labor and job workforce 5development, if the employe is employed by an employer other than one described
6in subd. 1.
AB97, s. 165
7Section
165. 103.50 (4) of the statutes is amended to read:
AB97,55,198
103.50
(4) Certification of prevailing wage rates and hours of labor. The
9department of
industry, labor and job workforce development shall, by May 1 of each
10calendar year, certify to the department of transportation the prevailing wage rates
11and the prevailing hours of labor in each area for all trades or occupations commonly
12employed in the highway construction industry. The certification shall, in addition
13to the current prevailing wage rates and prevailing hours of labor, include future
14prevailing wage rates and prevailing hours of labor when such prevailing wage rates
15and prevailing hours of labor can be determined for any such trade or occupation in
16any area and shall specify the effective date of those future prevailing wage rates and
17prevailing hours of labor. If a construction project extends into more than one area
18there shall be but one standard of prevailing wage rates and prevailing hours of labor
19for the entire project.