SB68,60,1815
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);
SB68, s. 184
19Section
184. 227.03 (3m) (a) of the statutes is amended to read:
SB68,60,2220
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).
SB68, s. 185
23Section
185. 227.43 (1) (by) of the statutes is amended to read:
SB68,61,224
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.
SB68, s. 186
3Section
186. 227.43 (2) (d) of the statutes is amended to read:
SB68,61,84
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.
SB68, s. 187
9Section
187. 227.43 (3) (d) of the statutes is amended to read:
SB68,61,1410
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.
SB68, s. 188
15Section
188. 227.43 (4) (d) of the statutes is amended to read:
SB68,61,1816
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).
SB68, s. 189
19Section
189. 227.52 of the statutes is amended to read:
SB68,62,4
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.
SB68, s. 190
5Section
190. 227.59 of the statutes is amended to read:
SB68,62,22
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.
SB68, s. 191
23Section
191. 230.08 (2) (e) 6. of the statutes is amended to read:
SB68,62,2424
230.08
(2) (e) 6.
Industry, labor and job Workforce development — 8.
SB68, s. 192
25Section
192. 230.147 (1) of the statutes is amended to read:
SB68,63,10
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.
SB68, s. 193
11Section
193. 230.147 (2) of the statutes is amended to read:
SB68,63,2112
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.
SB68, s. 194
22Section
194. 234.49 (1) (c) of the statutes is amended to read:
SB68,64,223
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).
SB68, s. 195
3Section
195. 236.335 of the statutes is amended to read:
SB68,64,11
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.
SB68,64,1714
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.
SB68, s. 197
18Section
197. 303.07 (7) of the statutes is amended to read:
SB68,65,319
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.
SB68, s. 198
4Section
198. 303.21 (1) (a) of the statutes is amended to read:
SB68,65,165
303.21
(1) (a) If an inmate of a state institution, in the performance of assigned
6work is injured so as to be permanently incapacitated or to have materially reduced
7earning power, the inmate may, upon being released from such institution, either
8upon parole or upon final discharge, be allowed and paid such compensation as the
9department of
industry, labor and job workforce development finds the inmate
10entitled to. The inmate shall be compensated on the same basis as if the injury had
11been covered by ch. 102, except that the total paid to any inmate may not exceed
12$10,000 and may be paid in instalments. If the injury results from employment in
13a prison industry, the payment shall be made from the revolving appropriation for
14its operation. If there is no revolving appropriation, payment shall be made from the
15general fund. In case of dispute, the procedure for hearing, award and appeal shall
16be as set forth in ss. 102.16 to 102.26.
SB68, s. 199
17Section
199. 443.06 (2) (e) of the statutes is amended to read:
SB68,65,2518
443.06
(2) (e) A record of satisfactory completion of an apprenticeship training
19course in land surveying prescribed by the department of
industry, labor and job 20workforce development, of satisfactory character which indicates that the applicant
21is competent to be placed in responsible charge of such work, if the applicant has
22passed an oral and written or written examination administered by the land
23surveyor section. This paragraph applies to actions of the land surveyor section on
24applications for land surveyors' certificates that are submitted to the land surveyor
25section before July 1, 2000.
SB68, s. 200
1Section
200. 443.06 (2) (em) of the statutes is amended to read:
SB68,66,112
443.06
(2) (em) Evidence satisfactory to the land surveyor section that he or
3she has completed an apprenticeship training course in land surveying prescribed
4by the department of
industry, labor and job workforce development, and has
5engaged in a period of additional land surveying practice of satisfactory character
6that indicates that the applicant is competent to practice land surveying and that,
7when added to the period of the apprenticeship, totals at least 8 years of land
8surveying practice, if the applicant has passed an oral and written or written
9examination administered by the land surveyor section. This paragraph applies to
10actions of the land surveyor section on applications for land surveyors' certificates
11that are submitted to the land surveyor section after June 30, 2000.
SB68, s. 201
12Section
201. 445.095 (3) of the statutes is amended to read:
SB68,66,1413
445.095
(3) All apprentices shall be governed by ch. 106 and apprenticeship
14rules of the department of
industry, labor and job
workforce development.
SB68, s. 202
15Section
202. 454.10 (1) of the statutes is amended to read:
SB68,66,1816
454.10
(1) All apprentices shall be indentured and shall be governed by s.
17106.01, the apprenticeship rules of the department of
industry, labor and job 18workforce development and the rules of the examining board.
SB68, s. 203
19Section
203. 560.15 (1) (intro.) of the statutes is amended to read:
SB68,66,2320
560.15
(1) (intro.) The department, with the advice and assistance of the
21community response committees created under sub. (3), and in cooperation with the
22department of
industry, labor and job workforce development, shall perform the
23responsibilities under sub. (2) if the following conditions are met:
SB68, s. 204
24Section
204. 560.15 (1) (b) 1. of the statutes is amended to read:
SB68,67,2
1560.15
(1) (b) 1. The department of
industry, labor and job workforce 2development under s. 109.07 (1m).
SB68, s. 205
3Section
205. 560.15 (3) (c) 6. of the statutes is amended to read:
SB68,67,54
560.15
(3) (c) 6. A district office of the department of
industry, labor and job 5workforce development.
SB68, s. 206
6Section
206. 560.73 (1) (i) 1. of the statutes is amended to read:
SB68,67,117
560.73
(1) (i) 1. Whether a grant diversion project has been established in the
8county in which the area is located and, if a grant diversion project has not been
9established, how the local governing body intends to work with the county and the
10department of
industry, labor and job workforce development to establish a grant
11diversion project.
SB68, s. 207
12Section
207. 560.73 (1) (i) 2. of the statutes is amended to read:
SB68,67,1613
560.73
(1) (i) 2. How the local governing body will work with the county and
14department of
industry, labor and job workforce development to promote and
15encourage participation in the grant diversion project by employers in the
16development zone.
SB68, s. 208
17Section
208. 560.75 (11) of the statutes is amended to read:
SB68,67,2018
560.75
(11) For the purposes of s. 49.193 (5), notify the department of
industry,
19labor and job workforce development when a development zone has been established
20and of which local governing body helps administer the development zone.
SB68, s. 209
21Section
209. 560.795 (3) (e) of the statutes is amended to read:
SB68,67,2422
560.795
(3) (e) For purposes of s. 49.193 (5), notify the department of
industry,
23labor and job workforce development of the designation of an area as a development
24opportunity zone and of the local governing body of the area.
SB68, s. 210
25Section
210. 560.797 (4) (e) of the statutes is amended to read:
SB68,68,5
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.
SB68, s. 211
6Section
211. 565.30 (5) of the statutes is amended to read:
SB68,69,47
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.
SB68, s. 212
5Section
212. 565.30 (5m) of the statutes is amended to read:
SB68,69,176
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.
SB68, s. 213
18Section
213. 626.12 (3) of the statutes is amended to read:
SB68,70,419
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.
SB68, s. 214
5Section
214. 626.125 (3) of the statutes is amended to read:
SB68,70,106
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.
SB68, s. 215
11Section
215. 626.32 (1) (a) of the statutes is amended to read:
SB68,70,1812
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.
SB68, s. 216
19Section
216. 645.47 (1) (a) of the statutes is amended to read:
SB68,71,820
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).
SB68, s. 217
9Section
217. 767.001 (1d) of the statutes is amended to read:
SB68,71,1110
767.001
(1d) "Department" means the department of
industry, labor and job 11workforce development.
SB68, s. 218
12Section
218. 769.31 (1) of the statutes is amended to read:
SB68,71,1413
769.31
(1) The department of
industry, labor and job workforce development
14is the state information agency under this chapter.
SB68, s. 219
15Section
219. 893.44 (2) of the statutes is amended to read:
SB68,71,1816
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.
SB68, s. 220
19Section
220. 905.15 (1) of the statutes is amended to read:
SB68,72,220
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.
SB68, s. 221
3Section
221. 938.342 (1) (e) of the statutes is amended to read:
SB68,72,64
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.
SB68, s. 222
7Section
222. 940.207 (title) of the statutes is amended to read:
SB68,72,9
8940.207 (title)
Battery or threat to department of commerce or
9department of industry, labor and job workforce development employe.
SB68, s. 223
10Section
223. 940.207 (2) (intro.) of the statutes is amended to read:
SB68,72,1411
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:
SB68, s. 224
15Section
224. 940.207 (2) (a) of the statutes is amended to read:
SB68,72,1916
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.
SB68, s. 225
20Section
225. 946.15 (1) of the statutes is amended to read:
SB68,73,921
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.
SB68, s. 226
10Section
226. 946.15 (2) of the statutes is amended to read:
SB68,73,2411
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.
SB68, s. 227
25Section
227. 946.15 (3) and (4) of the statutes are amended to read:
SB68,74,10
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.