AB97,68,5
1560.797
(4) (e) For purposes of s. 49.193 (5), the department shall notify the
2department of
industry, labor and job workforce development of the designation of
3an area as an enterprise development zone and of the governing body of any city,
4village, town or federally recognized American Indian tribe or band in which the area
5is located.
AB97, s. 211
6Section
211. 565.30 (5) of the statutes is amended to read:
AB97,69,47
565.30
(5) Withholding of delinquent state taxes, child support or debts
8owed the state. The administrator shall report the name, address and social security
9number of each winner of a lottery prize equal to or greater than $1,000 to the
10department of revenue to determine whether the payee of the prize is delinquent in
11the payment of state taxes under ch. 71, 72, 76, 77, 78 or 139 or in court-ordered
12payment of child support or has a debt owing to the state. Upon receipt of a report
13under this subsection, the department of revenue shall first ascertain based on
14certifications by the department of
industry, labor and job workforce development
15under s. 49.855 (2) whether any person named in the report is currently delinquent
16in court-ordered payment of child support and shall next certify to the administrator
17whether any person named in the report is delinquent in court-ordered payment of
18child support or payment of state taxes under ch. 71, 72, 76, 77, 78 or 139.Upon this
19certification by the department of revenue or upon court order the administrator
20shall withhold the certified amount and send it to the department of revenue for
21remittance to the appropriate agency or person. At the time of remittance, the
22department of revenue shall charge its administrative expenses to the state agency
23that has received the remittance. The administrative expenses received by the
24department of revenue shall be credited to the appropriation under s. 20.566 (1) (h).
25In instances in which the payee of the prize is delinquent both in payments for state
1taxes and in court-ordered payments of child support, or is delinquent in one or both
2of these payments and has a debt owing to the state, the amount remitted to the
3appropriate agency or person shall be in proportion to the prize amount as is the
4delinquency or debt owed by the payee.
AB97, s. 212
5Section
212. 565.30 (5m) of the statutes is amended to read:
AB97,69,176
565.30
(5m) Withholding of child support, spousal support, maintenance or
7family support. The administrator shall report to the department of
industry, labor
8and job workforce development the name, address and social security number of each
9winner of a lottery prize that is payable in instalments. Upon receipt of the report,
10the department of
industry, labor and job workforce development shall certify to the
11administrator whether any payee named in the report is obligated to provide child
12support, spousal support, maintenance or family support under s. 767.02 (1) (f) or (g),
13767.10, 767.23, 767.25, 767.26, 767.261, 767.465 (2m), 767.51 (3) or 948.22 (7) or ch.
14769 and the amount required to be withheld from the lottery prize under s. 767.265.
15The administrator shall withhold the certified amount from each payment made to
16the winner and remit the certified amount to the department of industry, labor and
17job development.
AB97, s. 213
18Section
213. 626.12 (3) of the statutes is amended to read:
AB97,70,419
626.12
(3) Physical impairment. Rates or rating plans may not take into
20account the physical impairment of employes. Any employer who applies or
21promotes any oppressive plan of physical examination and rejection of employes or
22applicants for employment shall forfeit the right to experience rating. If the
23department of
industry, labor and job workforce development determines that
24grounds exist for such forfeiture it shall file with the commissioner a certified copy
25of its findings, which shall automatically suspend any experience rating credit for
1the employer. The department shall make the determination as prescribed in s.
2103.005 (5) (b) to (f), (6) to (11), (13) (b) to (d) and (16), so far as such subsections are
3applicable, subject to review under ch. 227. Restoration of an employer to the
4advantages of experience rating shall be by the same procedure.
AB97, s. 214
5Section
214. 626.125 (3) of the statutes is amended to read:
AB97,70,106
626.125
(3) The bureau shall report annually to the commissioner and the
7secretary of
industry, labor and job workforce development on the status of the
8program under this section. The report shall include an evaluation of the degree of
9success achieved by each loss management firm approved under sub. (2) in reducing
10the worker's compensation loss experience of its clients participating in the program.
AB97, s. 215
11Section
215. 626.32 (1) (a) of the statutes is amended to read:
AB97,70,1812
626.32
(1) (a)
General. Every insurer writing any insurance specified under
13s. 626.03 shall report its insurance in this state to the bureau at least annually, on
14forms and under rules prescribed by the bureau. The bureau must file, pursuant to
15rules adopted by the department of
industry, labor and job workforce development,
16a record of such reports with the department. No such information may be made
17public by the bureau or any of its employes except as required by law and in
18accordance with its rules.
AB97, s. 216
19Section
216. 645.47 (1) (a) of the statutes is amended to read:
AB97,71,820
645.47
(1) (a)
General requirements. The liquidator shall give notice of the
21liquidation order as soon as possible by first class mail and either by telegram or
22telephone to the insurance commissioner of each jurisdiction in which the insurer is
23licensed to do business, by first class mail and by telephone to the department of
24industry, labor and job workforce development of this state if the insurer is or has
25been an insurer of worker's compensation, by first class mail to all insurance agents
1having a duty under s. 645.48, by first class mail to the director of state courts under
2s. 601.53 (1) if the insurer does a surety business and by first class mail at the
3last-known address to all persons known or reasonably expected from the insurer's
4records to have claims against the insurer, including all policyholders. The
5liquidator also shall publish a class 3 notice, under ch. 985, in a newspaper of general
6circulation in the county in which the liquidation is pending or in Dane county, the
7last publication to be not less than 3 months before the earliest deadline specified in
8the notice under sub. (2).
AB97, s. 217
9Section
217. 767.001 (1d) of the statutes is amended to read:
AB97,71,1110
767.001
(1d) "Department" means the department of
industry, labor and job 11workforce development.
AB97, s. 218
12Section
218. 769.31 (1) of the statutes is amended to read:
AB97,71,1413
769.31
(1) The department of
industry, labor and job workforce development
14is the state information agency under this chapter.
AB97, s. 219
15Section
219. 893.44 (2) of the statutes is amended to read:
AB97,71,1816
893.44
(2) An action to recover wages under s. 109.09 shall be commenced
17within 2 years after the claim is filed with the department of
industry, labor and job 18workforce development or be barred.
AB97, s. 220
19Section
220. 905.15 (1) of the statutes is amended to read:
AB97,72,220
905.15
(1) An employe of the department of health and family services, the
21department of
industry, labor and job workforce development or a county department
22under s. 46.215, 46.22 or 46.23 or a member of a governing body of a federally
23recognized American Indian tribe who is authorized by federal law to have access to
24or awareness of the federal tax return information of another in the performance of
25duties under s. 49.19 or 49.45 or
7 USC 2011 to
2049 may claim privilege to refuse
1to disclose the information and the source or method by which he or she received or
2otherwise became aware of the information.
AB97, s. 221
3Section
221. 938.342 (1) (e) of the statutes is amended to read:
AB97,72,64
938.342
(1) (e) Order the department of
industry, labor and job workforce 5development to revoke, under s. 103.72, a permit under s. 103.70 authorizing the
6employment of the person.
AB97, s. 222
7Section
222. 940.207 (title) of the statutes is amended to read:
AB97,72,9
8940.207 (title)
Battery or threat to department of commerce or
9department of industry, labor and job workforce development employe.
AB97, s. 223
10Section
223. 940.207 (2) (intro.) of the statutes is amended to read:
AB97,72,1411
940.207
(2) (intro.) Whoever intentionally causes bodily harm or threatens to
12cause bodily harm to the person or family member of any department of commerce
13or department of
industry, labor and job workforce development official, employe or
14agent under all of the following circumstances is guilty of a Class D felony:
AB97, s. 224
15Section
224. 940.207 (2) (a) of the statutes is amended to read:
AB97,72,1916
940.207
(2) (a) At the time of the act or threat, the actor knows or should have
17known that the victim is a department of commerce or department of
industry, labor
18and job workforce development official, employe or agent or a member of his or her
19family.
AB97, s. 225
20Section
225. 946.15 (1) of the statutes is amended to read:
AB97,73,921
946.15
(1) Any employer, or any agent or employe of an employer, who induces
22any person who seeks to be or is employed pursuant to a public contract as defined
23in s. 66.29 (1) (c) or who seeks to be or is employed on a project on which a prevailing
24wage rate determination has been issued by the department of
industry, labor and
25job workforce development under s. 66.293 (3), 103.49 (3) or 103.50 (3) or by a local
1governmental unit, as defined in s. 66.293 (1) (d), under s. 66.293 (6) to give up, waive
2or return any part of the compensation to which that person is entitled under his or
3her contract of employment or under the prevailing wage rate determination issued
4by the department or local governmental unit, or who reduces the hourly basic rate
5of pay normally paid to an employe for work on a project on which a prevailing wage
6rate determination has not been issued under s. 66.293 (3) or (6), 103.49 (3) or 103.50
7(3) during a week in which the employe works both on a project on which a prevailing
8wage rate determination has been issued and on a project on which a prevailing wage
9rate determination has not been issued, is guilty of a Class E felony.
AB97, s. 226
10Section
226. 946.15 (2) of the statutes is amended to read:
AB97,73,2411
946.15
(2) Any person employed pursuant to a public contract as defined in s.
1266.29 (1) (c) or employed on a project on which a prevailing wage rate determination
13has been issued by the department of
industry, labor and job workforce development
14under s. 66.293 (3), 103.49 (3) or 103.50 (3) or by a local governmental unit, as defined
15in s. 66.293 (1) (d), under s. 66.293 (6) who gives up, waives or returns to the employer
16or agent of the employer any part of the compensation to which the employe is
17entitled under his or her contract of employment or under the prevailing wage
18determination issued by the department or local governmental unit, or who gives up
19any part of the compensation to which he or she is normally entitled for work on a
20project on which a prevailing wage rate determination has not been issued under s.
2166.293 (3) or (6), 103.49 (3) or 103.50 (3) during a week in which the person works
22part-time on a project on which a prevailing wage rate determination has been
23issued and part-time on a project on which a prevailing wage rate determination has
24not been issued, is guilty of a Class C misdemeanor.
AB97, s. 227
25Section
227. 946.15 (3) and (4) of the statutes are amended to read:
AB97,74,10
1946.15
(3) Any employer or labor organization, or any agent or employe of an
2employer or labor organization, who induces any person who seeks to be or is
3employed on a project on which a prevailing wage rate determination has been issued
4by the department of
industry, labor and job workforce development under s. 66.293
5(3), 103.49 (3) or 103.50 (3) or by a local governmental unit, as defined in s. 66.293
6(1) (d), under s. 66.293 (6) to permit any part of the wages to which that person is
7entitled under the prevailing wage rate determination issued by the department or
8local governmental unit to be deducted from the person's pay is guilty of a Class E
9felony, unless the deduction would be permitted under
29 CFR 3.5 or
3.6 from a
10person who is working on a project that is subject to
40 USC 276c.
AB97,74,19
11(4) Any person employed on a project on which a prevailing wage rate
12determination has been issued by the department of
industry, labor and job 13workforce development under s. 66.293 (3), 103.49 (3) or 103.50 (3) or by a local
14governmental unit, as defined in s. 66.293 (1) (d), under s. 66.293 (6) who permits any
15part of the wages to which that person is entitled under the prevailing wage rate
16determination issued by the department or local governmental unit to be deducted
17from his or her pay is guilty of a Class C misdemeanor, unless the deduction would
18be permitted under
29 CFR 3.5 or
3.6 from a person who is working on a project that
19is subject to
40 USC 276c.
AB97, s. 228
20Section
228. 973.05 (5) (g) of the statutes is amended to read:
AB97,75,421
973.05
(5) (g) No employer may use an assignment under sub. (4) (b) as a basis
22for the denial of employment to a defendant, the discharge of an employe or any
23disciplinary action against an employe. An employer who denies employment or
24discharges or disciplines an employe in violation of this paragraph may be fined not
25more than $500 and may be required to make full restitution to the aggrieved person,
1including reinstatement and back pay. Restitution shall be in accordance with s.
2973.20. An aggrieved person may apply to the district attorney or to the department
3of
industry, labor and human relations workforce development for enforcement of
4this paragraph.
AB97, s. 229
5Section
229. 978.05 (4m) of the statutes is amended to read:
AB97,75,86
978.05
(4m) Welfare fraud investigations. Cooperate with the department
7of
industry, labor and job workforce development regarding the fraud investigation
8program under s. 49.197 (1m).
AB97, s. 230
9Section
230.
Effective dates. This act takes effect on the day after
10publication, except as follows:
AB97,75,1211
(1)
The treatment of section 301.45 (9) of the statutes takes effect on June 1,
121997.
AB97,75,1413
(2)
The repeal and recreation of sections 46.495 (1) (d), 46.495 (1) (dc), 46.495
14(1) (f) 1., 48.57 (3m) (d) and 48.57 (3m) (e) of the statutes takes effect on July 1, 1997.