SB68,34,2322
49.11
(2) "Secretary" means the secretary of
industry, labor and job workforce 23development.
SB68, s. 102
24Section
102. 49.153 (3) (a) 1. of the statutes is amended to read:
SB68,35,19
149.153
(3) (a) 1. A Wisconsin works agency shall determine eligibility for
2benefits and services under this section, in accordance with rules promulgated by the
3department of health and family services in consultation with the department of
4industry, labor and job workforce development. The Wisconsin works agency shall
5make the eligibility determination after the date on which the agency receives a
6completed application from the individual for services and benefits under this
7section and shall immediately notify the department of health and family services
8of that determination. An individual who applies for and receives benefits and
9services under this section is considered to have assigned to the state any rights to
10medical support or other payment of medical expenses from any other person,
11including rights to unpaid amounts accrued at the time of application for benefits
12and services under this section and any rights to support accruing during the time
13for which benefits and services under this section are provided. Eligibility for
14benefits and services under this section begins on the day on which the department
15of health and family services or the provider issues a health plan membership card.
16The department of health and family services or the provider shall issue the health
17plan membership card to an individual after the date on which the Wisconsin works
18agency notifies the department of health and family services that the individual is
19eligible.
SB68, s. 103
20Section
103. 49.153 (3) (f) 2. of the statutes is amended to read:
SB68,35,2321
49.153
(3) (f) 2. The individual fails to pay the established premium in a timely
22manner, as defined by the department of
industry, labor and job workforce 23development by rule.
SB68, s. 104
24Section
104. 49.153 (4) (d) 4. of the statutes is amended to read:
SB68,36,4
149.153
(4) (d) 4. The Wisconsin works agency shall remit to the department of
2industry, labor and job workforce development in the manner prescribed by the
3department of
industry, labor and job workforce development all premium payments
4that the Wisconsin works agency receives under this paragraph.
SB68, s. 105
5Section
105. 49.193 (1) (c) of the statutes is amended to read:
SB68,36,106
49.193
(1) (c) The department shall coordinate the program under this section
7with the programs of the department of administration, the department of
industry,
8labor and job workforce development, the department of commerce, the department
9of
education public instruction and the technical college system board and with
10programs operated under the job training partnership act,
29 USC 1501 to
1791j.
SB68, s. 106
11Section
106. 49.26 (1) (d) of the statutes is amended to read:
SB68,36,1912
49.26
(1) (d) A county department that provides services under this subsection
13directly shall develop a plan, in coordination with the school districts located in
14whole or in part in the county, describing the assistance that the county department
15and school districts will provide to individuals receiving services under this
16subsection, the number of individuals that will be served and the estimated cost of
17the services. The county department shall submit the plan to the department of
18industry, labor and job workforce development and the department of
education 19public instruction by August 15, annually.
SB68, s. 107
20Section
107. 49.45 (6m) (br) 1. of the statutes is amended to read:
SB68,37,321
49.45
(6m) (br) 1. Notwithstanding s. 20.410 (3) (cd), 20.435 (1) (bt) or (bu) or
22(7) (b) or 20.445 (3) (de), the department shall reduce allocations of funds to counties
23in the amount of the disallowance from the appropriations under s. 20.410 (3) (cd)
24or 20.435 (1) (bt) or (bu) or (7) (b), or the department shall direct the department of
25industry, labor and job workforce development to reduce allocations of funds to
1counties or Wisconsin works agencies in the amount of the disallowance from the
2appropriation under s. 20.445 (3) (de) or (dz), in accordance with s. 16.544 to the
3extent applicable.
SB68, s. 108
4Section
108. 49.45 (40) of the statutes is amended to read:
SB68,37,75
49.45
(40) Periodic record matches. The department shall cooperate with the
6department of
industry, labor and job workforce development in matching records of
7medical assistance recipients under s. 49.32 (7).
SB68, s. 109
8Section
109. 49.81 (intro.) of the statutes is amended to read:
SB68,37,14
949.81 Public assistance recipients' bill of rights. (intro.) The department
10of health and family services, the department of
industry, labor and job workforce 11development and all public assistance and relief-granting agencies shall respect
12rights for recipients of public assistance. The rights shall include all rights
13guaranteed by the U.S. constitution and the constitution of this state, and in addition
14shall include:
SB68, s. 110
15Section
110. 49.82 (1) of the statutes is amended to read:
SB68,37,2516
49.82
(1) Departments to advise counties. The department of health and
17family services and the department of
industry, labor and job workforce development
18shall advise all county officers charged with the administration of requirements
19relating to public assistance programs under this chapter and shall render all
20possible assistance in securing compliance therewith, including the preparation of
21necessary blanks and reports. The department of health and family services and the
22department of
industry, labor and job workforce development shall also publish such
23information as it deems advisable to acquaint persons entitled to public assistance
24and the public generally with the laws governing public assistance under this
25chapter.
SB68, s. 111
1Section
111. 49.85 (1) of the statutes is amended to read:
SB68,38,82
49.85
(1) County department notification requirement. If a county
3department under s. 46.215, 46.22 or 46.23, a governing body of a federally
4recognized American Indian tribe or band or a Wisconsin works agency determines
5that the department of health and family services may recover an amount under s.
649.497 or that the department of
industry, labor and job workforce development may
7recover an amount under s. 49.125, 49.161 or 49.195 (3), the county department or
8governing body shall notify the affected department of the determination.
SB68, s. 112
9Section
112. 49.85 (2) (b) of the statutes is amended to read:
SB68,38,1810
49.85
(2) (b) At least annually, the department of
industry, labor and job 11workforce development shall certify to the department of revenue the amounts that,
12based on the notifications received under sub. (1) and on other information received
13by the department of
industry, labor and job workforce development, the department
14of
industry, labor and job workforce development has determined that it may recover
15under ss. 49.125, 49.161 and 49.195 (3), except that the department of
industry, labor
16and job workforce development may not certify an amount under this subsection
17unless it has met the notice requirements under sub. (3) and unless it's
18determination has either not been appealed or is no longer under appeal.
SB68, s. 113
19Section
113. 49.85 (3) (b) (intro.) of the statutes is amended to read:
SB68,38,2320
49.85
(3) (b) (intro.) At least 30 days before certification of an amount, the
21department of
industry, labor and job workforce development shall send a notice to
22the last-known address of the person from whom that department intends to recover
23the amount. The notice shall do all of the following:
SB68, s. 114
24Section
114. 49.85 (3) (b) 1. of the statutes is amended to read:
SB68,39,5
149.85
(3) (b) 1. Inform the person that the department of
industry, labor and
2job workforce development intends to certify to the department of revenue an
3amount that the department of
industry, labor and job
workforce development has
4determined to be due under s. 49.125, 49.161 or 49.195 (3), for setoff from any state
5tax refund that may be due the person.
SB68, s. 115
6Section
115. 49.85 (3) (b) 2. of the statutes is amended to read:
SB68,39,107
49.85
(3) (b) 2. Inform the person that he or she may appeal the determination
8of the department of
industry, labor and job workforce development to certify the
9amount by requesting a hearing under sub. (4) within 30 days after the date of the
10letter and inform the person of the manner in which he or she may request a hearing.
SB68, s. 116
11Section
116. 49.85 (3) (b) 3. of the statutes is amended to read:
SB68,39,1512
49.85
(3) (b) 3. Inform the person that, if the determination of the department
13of
industry, labor and job workforce development is appealed, that department will
14not certify the amount to the department of revenue while the determination of the
15department of
industry, labor and job workforce development is under appeal.
SB68, s. 117
16Section
117. 49.85 (3) (b) 4. of the statutes is amended to read:
SB68,39,2217
49.85
(3) (b) 4. Inform the person that, unless a contested case hearing is
18requested to appeal the determination of the department of
industry, labor and job 19workforce development, the person may be precluded from challenging any
20subsequent setoff of the certified amount by the department of revenue, except on the
21grounds that the certified amount has been partially or fully paid or otherwise
22discharged, since the date of the notice.
SB68, s. 118
23Section
118. 49.85 (3) (b) 5. of the statutes is amended to read:
SB68,40,3
149.85
(3) (b) 5. Request that the person inform the department of
industry,
2labor and job workforce development if a bankruptcy stay is in effect with respect to
3the person or if the claim has been discharged in bankruptcy.
SB68, s. 119
4Section
119. 49.85 (4) (b) of the statutes is amended to read:
SB68,40,105
49.85
(4) (b) If a person has requested a hearing under this subsection, the
6department of
industry, labor and job workforce development shall hold a contested
7case hearing under s. 227.44, except that the department of
industry, labor and job 8workforce development may limit the scope of the hearing to exclude issues that were
9presented at a prior hearing or that could have been presented at a prior opportunity
10for hearing.
SB68, s. 120
11Section
120. 49.85 (5) of the statutes is amended to read:
SB68,40,2112
49.85
(5) Effect of certification. Receipt of a certification by the department
13of revenue shall constitute a lien, equal to the amount certified, on any state tax
14refunds or credits owed to the obligor. The lien shall be foreclosed by the department
15of revenue as a setoff under s. 71.93. Certification of an amount under this section
16does not prohibit the department of health and family services or the department of
17industry, labor and job workforce development from attempting to recover the
18amount through other legal means. The department of health and family services
19or the department of
industry, labor and job workforce development shall promptly
20notify the department of revenue upon recovery of any amount previously certified
21under this section.
SB68, s. 121
22Section
121. 49.855 (1) of the statutes is amended to read:
SB68,41,523
49.855
(1) If a person obligated to provide child support or maintenance is
24delinquent in making court-ordered payments, or owes an outstanding amount that
25has been ordered by the court for past support, medical expenses or birth expenses,
1the clerk of circuit court or county support collection designee under s.
59.07 (97m) 259.53 (5m), whichever is appropriate, upon application of the county designee under
3s. 59.53 (5) or the department of
industry, labor and job workforce development, shall
4certify the delinquent payment or outstanding amount to the department of
5industry, labor and job workforce development.
SB68, s. 122
6Section
122. 49.855 (2) of the statutes is amended to read:
SB68,41,107
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.
SB68, s. 123
11Section
123. 49.855 (4) of the statutes is amended to read:
SB68,42,412
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.
SB68, s. 124
5Section
124. 49.855 (4m) (c) of the statutes is amended to read:
SB68,42,126
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.
SB68, s. 125
13Section
125. 49.855 (5) of the statutes is amended to read:
SB68,42,2314
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.
SB68, s. 126
24Section
126. 49.855 (7) of the statutes is amended to read:
SB68,43,6
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).
SB68, s. 127
7Section
127. 49.86 of the statutes is amended to read:
SB68,43,22
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.
SB68, s. 128
23Section
128. 49.89 (2) of the statutes is amended to read:
SB68,44,724
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.
SB68, s. 129
8Section
129. 49.89 (6) of the statutes is amended to read:
SB68,44,129
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.
SB68, s. 130
13Section
130. 49.89 (7) (d) 2. of the statutes is amended to read:
SB68,44,1914
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.
SB68, s. 131
20Section
131. 49.90 (2) of the statutes is amended to read:
SB68,45,621
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.
SB68, s. 132
7Section
132. 49.90 (2g) of the statutes is amended to read:
SB68,45,168
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.
SB68, s. 133
17Section
133. 59.40 (2) (p) of the statutes is amended to read:
SB68,45,2218
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.
SB68, s. 134
23Section
134. 59.53 (5) of the statutes is amended to read:
SB68,46,1424
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.
SB68, s. 135
15Section
135. 59.69 (4e) of the statutes is amended to read:
SB68,46,2316
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.
SB68, s. 136
24Section
136. 60.61 (3m) of the statutes is amended to read:
SB68,47,8
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.
SB68, s. 137
9Section
137. 62.23 (7) (hm) of the statutes is amended to read:
SB68,47,1710
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.
SB68, s. 138
18Section
138. 66.293 (1) (b) of the statutes is amended to read:
SB68,47,2019
66.293
(1) (b) "Department" means the department of
industry, labor and job 20workforce development.
SB68, s. 139
21Section
139. 66.293 (1) (h) of the statutes is amended to read:
SB68,47,2322
66.293
(1) (h) "Secretary" means the secretary of
industry, labor and job 23workforce development.
SB68, s. 140
24Section
140. 66.46 (6c) (a) of the statutes is amended to read:
SB68,48,9
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.
SB68, s. 141
10Section
141. 66.46 (6c) (b) of the statutes is amended to read:
SB68,48,1811
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.
SB68, s. 142
19Section
142. 66.521 (6m) of the statutes is amended to read:
SB68,49,220
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).
SB68, s. 143
3Section
143. 69.15 (3) (b) 3. of the statutes is amended to read:
SB68,49,134
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.
SB68, s. 144
14Section
144. 71.67 (7) (a) and (b) (intro.) of the statutes are amended to read:
SB68,49,2015
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).
SB68,49,2421
(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:
SB68, s. 145
25Section
145. 71.67 (7) (c) 2. of the statutes is amended to read: