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.
AB97, s. 166
20Section
166. 103.50 (5) of the statutes is amended to read:
AB97,55,2521
103.50
(5) Appeals to governor. If the department of transportation considers
22any determination of the department of
industry, labor and job workforce 23development as to the prevailing wage rates and the prevailing hours of labor in an
24area to have been incorrect, it may appeal to the governor, whose determination shall
25be final.
AB97, s. 167
1Section
167. 103.50 (6) of the statutes is amended to read:
AB97,56,172
103.50
(6) Contents of contracts. A reference to the prevailing wage rates
3and the prevailing hours of labor determined under sub. (3) shall be published in the
4notice issued for the purpose of securing bids for a project. If any contract or
5subcontract for a project that is subject to this section is entered into, the prevailing
6wage rates and prevailing hours of labor determined under sub. (3) shall be
7physically incorporated into and made a part of the contract or subcontract, except
8that for a minor subcontract, as determined by the department of
industry, labor and
9job workforce development, that department shall prescribe by rule the method of
10notifying the minor subcontractor of the prevailing wage rates and prevailing hours
11of labor applicable to the minor subcontract. The prevailing wage rates and
12prevailing hours of labor applicable to a contract or subcontract may not be changed
13during the time that the contract or subcontract is in force. For the information of
14the employes working on the project, the prevailing wage rates and prevailing hours
15of labor determined by the department and the provisions of subs. (2) and (7) shall
16be kept posted by the department of transportation in at least one conspicuous and
17easily accessible place on the site of the project.
AB97, s. 168
18Section
168. 104.01 (1) of the statutes is amended to read:
AB97,56,2019
104.01
(1) "Department" means the department of
industry, labor and job 20workforce development.
AB97, s. 169
21Section
169. 106.13 (2) of the statutes is amended to read:
AB97,56,2522
106.13
(2) The governor's council on workforce excellence, the technical college
23system board and the department of
education public instruction shall assist the
24department of
industry, labor and job workforce development in providing the youth
25apprenticeship program and school-to-work program under sub. (1).
AB97, s. 170
1Section
170. 108.02 (10) of the statutes is amended to read:
AB97,57,32
108.02
(10) Department. "Department" means the department of
industry,
3labor and job workforce development.
AB97, s. 171
4Section
171. 108.105 of the statutes is amended to read:
AB97,57,14
5108.105 Suspension of agents. The department may suspend the privilege
6of any agent to appear before the department at hearings under this chapter for a
7specified period if the department finds that the agent has engaged in an act of fraud
8or misrepresentation or repeatedly failed to comply with departmental rules, or has
9engaged in the solicitation of a claimant solely for the purpose of appearing at a
10hearing as the claimant's representative for pay. Prior to imposing a suspension
11under this section, the secretary of
industry, labor and job workforce development or
12the secretary's designee shall conduct a hearing concerning the proposed suspension.
13The hearing shall be conducted under ch. 227 and the decision of the department may
14be appealed under s. 227.52.
AB97, s. 172
15Section
172. 108.13 (4) (b) of the statutes is amended to read:
AB97,57,2216
108.13
(4) (b) A claimant filing a new claim for unemployment compensation
17shall, at the time of filing the claim, disclose whether or not he or she owes child
18support obligations. If any such claimant discloses that he or she owes child support
19obligations and is determined to be eligible for unemployment compensation, the
20department of
industry, labor and job workforce development shall notify the local
21child support enforcement agency enforcing the obligations that the claimant has
22been determined to be eligible for unemployment compensation.
AB97, s. 173
23Section
173. 108.141 (6) (a) of the statutes is amended to read:
AB97,58,224
108.141
(6) (a) Whenever an extended benefit period is to become effective as
25a result of a Wisconsin "on" indicator, or an extended benefit period is to be
1terminated as a result of a Wisconsin "off" indicator, the secretary of
industry, labor
2and job workforce development shall publish it as a class 1 notice under ch. 985.
AB97, s. 174
3Section
174. 108.142 (5) of the statutes is amended to read:
AB97,58,84
108.142
(5) Publish indicators. Whenever a Wisconsin supplemental benefit
5period is to become effective as a result of a Wisconsin "on" indicator under this
6section, or a Wisconsin supplemental benefit period is to be terminated as a result
7of a Wisconsin "off" indicator under this section, the secretary of
industry, labor and
8job workforce development shall publish it as a class 1 notice under ch. 985.
AB97, s. 175
9Section
175. 109.01 (1) of the statutes is amended to read:
AB97,58,1110
109.01
(1) "Department" means the department of
industry, labor and job 11workforce development.
AB97, s. 176
12Section
176. 111.32 (4) of the statutes is amended to read:
AB97,58,1413
111.32
(4) "Department" means the department of
industry, labor and job 14workforce development.
AB97, s. 177
15Section
177. 115.347 of the statutes is amended to read:
AB97,58,21
16115.347 Direct certification of eligibility for school nutrition
17programs. (1) Beginning in the 1994-95 school year, a school board may submit
18enrollment data to the department of
industry, labor and job workforce development
19for the purpose of directly certifying children as eligible for free or reduced-price
20meals under the federal school nutrition programs. The department of
industry,
21labor and job workforce development shall prescribe a format for the report.
AB97,59,6
22(2) Whenever a school district that is located in whole or in part in a county that
23has converted to the client assistance for reemployment and economic support data
24system submits a report under sub. (1) in the prescribed format, the department of
25industry, labor and job workforce development shall determine which children
1enrolled in the school district are members of Wisconsin works groups participating
2under s. 49.147 (3) to (5) or of families receiving aid to families with dependent
3children or food stamps and shall provide the information to the school board as soon
4thereafter as possible. The school board shall use the information to directly certify
5children as eligible for free or reduced-price meals served by the school district under
6federal school nutrition programs, pursuant to
42 USC 1758 (b) (2) (C) (ii) and (iii).
AB97,59,9
7(3) The department shall assist school boards in developing a method for
8submitting enrollment data to the department of
industry, labor and job workforce 9development under sub. (1).
AB97, s. 178
10Section
178. 118.125 (2) (i) of the statutes is amended to read:
AB97,59,1711
118.125
(2) (i) Upon request, the school district clerk or his or her designee shall
12provide the names of pupils who have withdrawn from the public school prior to
13graduation under s. 118.15 (1) (c) to the technical college district board in which the
14public school is located or, for verification of eligibility for public assistance under ch.
1549, to the department of health and family services, the department of
industry, labor
16and job workforce development or a county department under s. 46.215, 46.22 or
1746.23.