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.
AB97, s. 179
18Section
179. 118.16 (2) (d) of the statutes is amended to read:
AB97,59,2419
118.16
(2) (d) May visit any place of employment in the school district to
20ascertain whether any minors are employed there contrary to law. The officer shall
21require that school certificates and lists of minors who are employed there be
22produced for inspection, and shall report all cases of illegal employment to the proper
23school authorities and to the department of
industry, labor and job workforce 24development.
AB97, s. 180
25Section
180. 118.163 (2) (e) of the statutes is amended to read:
AB97,60,3
1118.163
(2) (e) An order for the department of
industry, labor and human
2relations workforce development to revoke, under s. 103.72, a permit under s. 103.70
3authorizing the employment of the person.
AB97, s. 181
4Section
181. 167.10 (6m) (f) of the statutes is amended to read:
AB97,60,85
167.10
(6m) (f) The department of
industry, labor and job development 6commerce may inspect at reasonable times the premises on which each person
7licensed under this subsection manufactures fireworks or devices listed under sub.
8(1) (e), (f) or (i) to (n).
AB97, s. 182
9Section
182. 175.45 (9) of the statutes is amended to read:
AB97,60,1310
175.45
(9) Cooperation. The departments of corrections, health and family
11services and
industry, labor and job workforce development shall cooperate with the
12department of justice in obtaining information under this section.
This subsection
13does not apply after May 31, 1997.
AB97, s. 183
14Section
183. 215.04 (1) (f) of the statutes is amended to read:
AB97,60,1815
215.04
(1) (f) Conduct hearings and take testimony, and to subpoena and swear
16witnesses at such hearings. The review board shall have the same subpoena powers
17as are possessed by the department of
industry, labor and job workforce development
18and also the powers granted by s. 885.01 (4);
AB97, s. 184
19Section
184. 227.03 (3m) (a) of the statutes is amended to read:
AB97,60,2220
227.03
(3m) (a) This chapter does not apply to proceedings before the
21department of
industry, labor and job workforce development relating to housing
22discrimination under s. 106.04 (1) to (8), except as provided in s. 106.04 (6).
AB97, s. 185
23Section
185. 227.43 (1) (by) of the statutes is amended to read:
AB97,61,224
227.43
(1) (by) Assign a hearing examiner to preside over any hearing of a
25contested case that is required to be conducted by the department of
industry, labor
1and job workforce development under subch. III of ch. 49 and that is not conducted
2by the secretary of
industry, labor and job workforce development.
AB97, s. 186
3Section
186. 227.43 (2) (d) of the statutes is amended to read:
AB97,61,84
227.43
(2) (d) The department of
industry, labor and job workforce development
5shall notify the division of hearings and appeals of every pending hearing to which
6the administrator of the division is required to assign a hearing examiner under sub.
7(1) (by) after the department of
industry, labor and job workforce development is
8notified that a hearing on the matter is required.
AB97, s. 187
9Section
187. 227.43 (3) (d) of the statutes is amended to read:
AB97,61,1410
227.43
(3) (d) The administrator of the division of hearings and appeals may
11set the fees to be charged for any services rendered to the department of
industry,
12labor and job workforce development by a hearing examiner under this section in a
13manner consistent with a federally approved allocation methodology. The fees shall
14cover the total cost of the services.
AB97, s. 188
15Section
188. 227.43 (4) (d) of the statutes is amended to read:
AB97,61,1816
227.43
(4) (d) The department of
industry, labor and job workforce development
17shall pay all costs of the services of a hearing examiner, including support services,
18assigned under sub. (1) (by), according to the fees set under sub. (3) (d).
AB97, s. 189
19Section
189. 227.52 of the statutes is amended to read:
AB97,62,4
20227.52 Judicial review; decisions reviewable. Administrative decisions
21which adversely affect the substantial interests of any person, whether by action or
22inaction, whether affirmative or negative in form, are subject to review as provided
23in this chapter, except for the decisions of the department of revenue other than
24decisions relating to alcohol beverage permits issued under ch. 125, decisions of the
25department of employe trust funds, the division of banking, the office of credit
1unions, the division of savings and loan, the board of state canvassers and those
2decisions of the department of
industry, labor and job
workforce development which
3are subject to review, prior to any judicial review, by the labor and industry review
4commission, and except as otherwise provided by law.
AB97, s. 190
5Section
190. 227.59 of the statutes is amended to read:
AB97,62,22
6227.59 Certification of certain cases from the circuit court of Dane
7county to other circuits. Any action or proceeding for the review of any order of
8an administrative officer, commission, department or other administrative tribunal
9of the state required by law to be instituted in or taken to the circuit court of Dane
10county except an action or appeal for the review of any order of the department of
11industry, labor and job workforce development or the department of commerce or
12findings and orders of the labor and industry review commission which is instituted
13or taken and is not called for trial or hearing within 6 months after the proceeding
14or action is instituted, and the trial or hearing of which is not continued by
15stipulation of the parties or by order of the court for cause shown, shall on the
16application of either party on 5 days' written notice to the other be certified and
17transmitted for trial to the circuit court of the county of the residence or principal
18place of business of the plaintiff or petitioner, where the action or proceeding shall
19be given preference. Unless written objection is filed within the 5-day period, the
20order certifying and transmitting the proceeding shall be entered without hearing.
21The plaintiff or petitioner shall pay to the clerk of the circuit court of Dane county
22a fee of $2 for transmitting the record.
AB97, s. 191
23Section
191. 230.08 (2) (e) 6. of the statutes is amended to read:
AB97,62,2424
230.08
(2) (e) 6.
Industry, labor and job Workforce development — 8.
AB97, s. 192
25Section
192. 230.147 (1) of the statutes is amended to read:
AB97,63,10
1230.147
(1) Each appointing authority of an agency with more than 100
2authorized permanent full-time equivalent positions shall prepare and implement
3a plan of action to employ persons who, at the time determined under sub. (4), receive
4aid under s. 49.19, or benefits under s. 49.147 (3) to (5), with the goal of making the
5ratio of those persons occupying permanent positions in the agency to the total
6number of persons occupying permanent positions in the agency equal to the ratio
7of the average case load receiving aid under s. 49.19, or benefits under s. 49.147 (3)
8to (5), in this state in the previous fiscal year to the average number of persons in the
9state civilian labor force in the preceding fiscal year, as determined by the
10department of
industry, labor and job workforce development.
AB97, s. 193
11Section
193. 230.147 (2) of the statutes is amended to read:
AB97,63,2112
230.147
(2) Each appointing authority of an agency with 100 or fewer
13authorized permanent full-time equivalent positions is encouraged to employ
14persons who, at the time determined under sub. (4), receive aid under s. 49.19, or
15benefits under s. 49.147 (3) to (5), to attempt to make the ratio of those persons
16occupying permanent positions in the agency to the total number of persons
17occupying permanent positions in the agency equal to the ratio of the average case
18load receiving aid under s. 49.19, or benefits under s. 49.147 (3) to (5), in this state
19in the previous fiscal year to the average number of persons in the state civilian labor
20force in the preceding fiscal year, as determined by the department of
industry, labor
21and job workforce development.
AB97, s. 194
22Section
194. 234.49 (1) (c) of the statutes is amended to read:
AB97,64,223
234.49
(1) (c) "Eligible beneficiary" means a person for whom the authority has
24not received a certification from the department of
industry, labor and job workforce
1development under s. 49.855 (7) or a family who or which falls within the income
2limits specified in par. (f).
AB97, s. 195
3Section
195. 236.335 of the statutes is amended to read:
AB97,64,11
4236.335 Prohibited subdividing; forfeit. No lot or parcel in a recorded plat
5may be divided, or used if so divided, for purposes of sale or building development if
6the resulting lots or parcels do not conform to this chapter, to any applicable
7ordinance of the approving authority or to the rules of the department of
industry,
8labor and job workforce development under s. 236.13. Any person making or causing
9such a division to be made shall forfeit not less than $100 nor more than $500 to the
10approving authority, or to the state if there is a violation of this chapter or the rules
11of the department of
industry, labor and job workforce development.
AB97,64,1714
301.45
(9) Cooperation. The department of health and family services, the
15department of
industry, labor and job workforce development, the department of
16transportation and all circuit courts shall cooperate with the department of
17corrections in obtaining information under this section.
AB97, s. 197
18Section
197. 303.07 (7) of the statutes is amended to read:
AB97,65,319
303.07
(7) If any inmate of a reforestation camp, in the performance of work
20in connection with the maintenance of the camp, is injured so as to be permanently
21incapacitated, or to have materially reduced earning power, the inmate may upon
22discharge be allowed and paid such compensation as the department of
industry,
23labor and job workforce development finds the inmate entitled to. The inmate shall
24be compensated on the same basis as if the injury had been covered by ch. 102, except
25that the total paid to any such inmate shall not exceed $1,000 and may be paid in
1instalments. If the inmate is from an adjoining county such county shall pay such
2compensation. In case of dispute the procedure for hearing, award and appeal shall
3be as set forth in ss. 102.16 to 102.26.
AB97, s. 198
4Section
198. 303.21 (1) (a) of the statutes is amended to read: