SB68: Bill Text

SB68, s. 185 Section 185. 227.43 (1) (by) of the statutes is amended to read:

SB68,61,2 227.43 (1) (by) Assign a hearing examiner to preside over any hearing of a contested case that is required to be conducted by the department of industry, labor and job workforce development under subch. III of ch. 49 and that is not conducted by the secretary of industry, labor and job workforce development.

SB68, s. 186 Section 186. 227.43 (2) (d) of the statutes is amended to read:

SB68,61,8 227.43 (2) (d) The department of industry, labor and job workforce development shall notify the division of hearings and appeals of every pending hearing to which the administrator of the division is required to assign a hearing examiner under sub. (1) (by) after the department of industry, labor and job workforce development is notified that a hearing on the matter is required.

SB68, s. 187 Section 187. 227.43 (3) (d) of the statutes is amended to read:

SB68,61,14 227.43 (3) (d) The administrator of the division of hearings and appeals may set the fees to be charged for any services rendered to the department of industry, labor and job workforce development by a hearing examiner under this section in a manner consistent with a federally approved allocation methodology. The fees shall cover the total cost of the services.

SB68, s. 188 Section 188. 227.43 (4) (d) of the statutes is amended to read:

SB68,61,18 227.43 (4) (d) The department of industry, labor and job workforce development shall pay all costs of the services of a hearing examiner, including support services, assigned under sub. (1) (by), according to the fees set under sub. (3) (d).

SB68, s. 189 Section 189. 227.52 of the statutes is amended to read:

SB68,62,4 227.52 Judicial review; decisions reviewable. Administrative decisions which adversely affect the substantial interests of any person, whether by action or inaction, whether affirmative or negative in form, are subject to review as provided in this chapter, except for the decisions of the department of revenue other than decisions relating to alcohol beverage permits issued under ch. 125, decisions of the department of employe trust funds, the division of banking, the office of credit unions, the division of savings and loan, the board of state canvassers and those decisions of the department of industry, labor and job workforce development which are subject to review, prior to any judicial review, by the labor and industry review commission, and except as otherwise provided by law.

SB68, s. 190 Section 190. 227.59 of the statutes is amended to read:

SB68,62,22 227.59 Certification of certain cases from the circuit court of Dane county to other circuits. Any action or proceeding for the review of any order of an administrative officer, commission, department or other administrative tribunal of the state required by law to be instituted in or taken to the circuit court of Dane county except an action or appeal for the review of any order of the department of industry, labor and job workforce development or the department of commerce or findings and orders of the labor and industry review commission which is instituted or taken and is not called for trial or hearing within 6 months after the proceeding or action is instituted, and the trial or hearing of which is not continued by stipulation of the parties or by order of the court for cause shown, shall on the application of either party on 5 days' written notice to the other be certified and transmitted for trial to the circuit court of the county of the residence or principal place of business of the plaintiff or petitioner, where the action or proceeding shall be given preference. Unless written objection is filed within the 5-day period, the order certifying and transmitting the proceeding shall be entered without hearing. The plaintiff or petitioner shall pay to the clerk of the circuit court of Dane county a fee of $2 for transmitting the record.

SB68, s. 191 Section 191. 230.08 (2) (e) 6. of the statutes is amended to read:

SB68,62,24 230.08 (2) (e) 6. Industry, labor and job Workforce development — 8.

SB68, s. 192 Section 192. 230.147 (1) of the statutes is amended to read:

SB68,63,10 230.147 (1) Each appointing authority of an agency with more than 100 authorized permanent full-time equivalent positions shall prepare and implement a plan of action to employ persons who, at the time determined under sub. (4), receive aid under s. 49.19, or benefits under s. 49.147 (3) to (5), with the goal of making the ratio of those persons occupying permanent positions in the agency to the total number of persons occupying permanent positions in the agency equal to the ratio of the average case load receiving aid under s. 49.19, or benefits under s. 49.147 (3) to (5), in this state in the previous fiscal year to the average number of persons in the state civilian labor force in the preceding fiscal year, as determined by the department of industry, labor and job workforce development.

SB68, s. 193 Section 193. 230.147 (2) of the statutes is amended to read:

SB68,63,21 230.147 (2) Each appointing authority of an agency with 100 or fewer authorized permanent full-time equivalent positions is encouraged to employ persons who, at the time determined under sub. (4), receive aid under s. 49.19, or benefits under s. 49.147 (3) to (5), to attempt to make the ratio of those persons occupying permanent positions in the agency to the total number of persons occupying permanent positions in the agency equal to the ratio of the average case load receiving aid under s. 49.19, or benefits under s. 49.147 (3) to (5), in this state in the previous fiscal year to the average number of persons in the state civilian labor force in the preceding fiscal year, as determined by the department of industry, labor and job workforce development.

SB68, s. 194 Section 194. 234.49 (1) (c) of the statutes is amended to read:

SB68,64,2 234.49 (1) (c) "Eligible beneficiary" means a person for whom the authority has not received a certification from the department of industry, labor and job workforce development under s. 49.855 (7) or a family who or which falls within the income limits specified in par. (f).

SB68, s. 195 Section 195. 236.335 of the statutes is amended to read:

SB68,64,11 236.335 Prohibited subdividing; forfeit. No lot or parcel in a recorded plat may be divided, or used if so divided, for purposes of sale or building development if the resulting lots or parcels do not conform to this chapter, to any applicable ordinance of the approving authority or to the rules of the department of industry, labor and job workforce development under s. 236.13. Any person making or causing such a division to be made shall forfeit not less than $100 nor more than $500 to the approving authority, or to the state if there is a violation of this chapter or the rules of the department of industry, labor and job workforce development.

SB68, s. 196 Section 196. 301.45 (9) of the statutes, as created by 1995 Wisconsin Act 440, is amended to read:

SB68,64,17 301.45 (9) Cooperation. The department of health and family services, the department of industry, labor and job workforce development, the department of transportation and all circuit courts shall cooperate with the department of corrections in obtaining information under this section.

SB68, s. 197 Section 197. 303.07 (7) of the statutes is amended to read:

SB68,65,3 303.07 (7) If any inmate of a reforestation camp, in the performance of work in connection with the maintenance of the camp, is injured so as to be permanently incapacitated, or to have materially reduced earning power, the inmate may upon discharge be allowed and paid such compensation as the department of industry, labor and job workforce development finds the inmate entitled to. The inmate shall be compensated on the same basis as if the injury had been covered by ch. 102, except that the total paid to any such inmate shall not exceed $1,000 and may be paid in instalments. If the inmate is from an adjoining county such county shall pay such compensation. In case of dispute the procedure for hearing, award and appeal shall be as set forth in ss. 102.16 to 102.26.

SB68, s. 198 Section 198. 303.21 (1) (a) of the statutes is amended to read:

SB68,65,16 303.21 (1) (a) If an inmate of a state institution, in the performance of assigned work is injured so as to be permanently incapacitated or to have materially reduced earning power, the inmate may, upon being released from such institution, either upon parole or upon final discharge, be allowed and paid such compensation as the department of industry, labor and job workforce development finds the inmate entitled to. The inmate shall be compensated on the same basis as if the injury had been covered by ch. 102, except that the total paid to any inmate may not exceed $10,000 and may be paid in instalments. If the injury results from employment in a prison industry, the payment shall be made from the revolving appropriation for its operation. If there is no revolving appropriation, payment shall be made from the general fund. In case of dispute, the procedure for hearing, award and appeal shall be as set forth in ss. 102.16 to 102.26.

SB68, s. 199 Section 199. 443.06 (2) (e) of the statutes is amended to read:

SB68,65,25 443.06 (2) (e) A record of satisfactory completion of an apprenticeship training course in land surveying prescribed by the department of industry, labor and job workforce development, of satisfactory character which indicates that the applicant is competent to be placed in responsible charge of such work, if the applicant has passed an oral and written or written examination administered by the land surveyor section. This paragraph applies to actions of the land surveyor section on applications for land surveyors' certificates that are submitted to the land surveyor section before July 1, 2000.

SB68, s. 200 Section 200. 443.06 (2) (em) of the statutes is amended to read:

SB68,66,11 443.06 (2) (em) Evidence satisfactory to the land surveyor section that he or she has completed an apprenticeship training course in land surveying prescribed by the department of industry, labor and job workforce development, and has engaged in a period of additional land surveying practice of satisfactory character that indicates that the applicant is competent to practice land surveying and that, when added to the period of the apprenticeship, totals at least 8 years of land surveying practice, if the applicant has passed an oral and written or written examination administered by the land surveyor section. This paragraph applies to actions of the land surveyor section on applications for land surveyors' certificates that are submitted to the land surveyor section after June 30, 2000.

SB68, s. 201 Section 201. 445.095 (3) of the statutes is amended to read:

SB68,66,14 445.095 (3) All apprentices shall be governed by ch. 106 and apprenticeship rules of the department of industry, labor and job workforce development.

SB68, s. 202 Section 202. 454.10 (1) of the statutes is amended to read:

SB68,66,18 454.10 (1) All apprentices shall be indentured and shall be governed by s. 106.01, the apprenticeship rules of the department of industry, labor and job workforce development and the rules of the examining board.

SB68, s. 203 Section 203. 560.15 (1) (intro.) of the statutes is amended to read:

SB68,66,23 560.15 (1) (intro.) The department, with the advice and assistance of the community response committees created under sub. (3), and in cooperation with the department of industry, labor and job workforce development, shall perform the responsibilities under sub. (2) if the following conditions are met:

SB68, s. 204 Section 204. 560.15 (1) (b) 1. of the statutes is amended to read:

SB68,67,2 560.15 (1) (b) 1. The department of industry, labor and job workforce development under s. 109.07 (1m).

SB68, s. 205 Section 205. 560.15 (3) (c) 6. of the statutes is amended to read:

SB68,67,5 560.15 (3) (c) 6. A district office of the department of industry, labor and job workforce development.

SB68, s. 206 Section 206. 560.73 (1) (i) 1. of the statutes is amended to read:

SB68,67,11 560.73 (1) (i) 1. Whether a grant diversion project has been established in the county in which the area is located and, if a grant diversion project has not been established, how the local governing body intends to work with the county and the department of industry, labor and job workforce development to establish a grant diversion project.

SB68, s. 207 Section 207. 560.73 (1) (i) 2. of the statutes is amended to read:

SB68,67,16 560.73 (1) (i) 2. How the local governing body will work with the county and department of industry, labor and job workforce development to promote and encourage participation in the grant diversion project by employers in the development zone.

SB68, s. 208 Section 208. 560.75 (11) of the statutes is amended to read:

SB68,67,20 560.75 (11) For the purposes of s. 49.193 (5), notify the department of industry, labor and job workforce development when a development zone has been established and of which local governing body helps administer the development zone.

SB68, s. 209 Section 209. 560.795 (3) (e) of the statutes is amended to read:

SB68,67,24 560.795 (3) (e) For purposes of s. 49.193 (5), notify the department of industry, labor and job workforce development of the designation of an area as a development opportunity zone and of the local governing body of the area.

SB68, s. 210 Section 210. 560.797 (4) (e) of the statutes is amended to read:

SB68,68,5 560.797 (4) (e) For purposes of s. 49.193 (5), the department shall notify the department of industry, labor and job workforce development of the designation of an area as an enterprise development zone and of the governing body of any city, village, town or federally recognized American Indian tribe or band in which the area is located.

SB68, s. 211 Section 211. 565.30 (5) of the statutes is amended to read:

SB68,69,4 565.30 (5) Withholding of delinquent state taxes, child support or debts owed the state. The administrator shall report the name, address and social security number of each winner of a lottery prize equal to or greater than $1,000 to the department of revenue to determine whether the payee of the prize is delinquent in the payment of state taxes under ch. 71, 72, 76, 77, 78 or 139 or in court-ordered payment of child support or has a debt owing to the state. Upon receipt of a report under this subsection, the department of revenue shall first ascertain based on certifications by the department of industry, labor and job workforce development under s. 49.855 (2) whether any person named in the report is currently delinquent in court-ordered payment of child support and shall next certify to the administrator whether any person named in the report is delinquent in court-ordered payment of child support or payment of state taxes under ch. 71, 72, 76, 77, 78 or 139.Upon this certification by the department of revenue or upon court order the administrator shall withhold the certified amount and send it to the department of revenue for remittance to the appropriate agency or person. At the time of remittance, the department of revenue shall charge its administrative expenses to the state agency that has received the remittance. The administrative expenses received by the department of revenue shall be credited to the appropriation under s. 20.566 (1) (h). In instances in which the payee of the prize is delinquent both in payments for state taxes and in court-ordered payments of child support, or is delinquent in one or both of these payments and has a debt owing to the state, the amount remitted to the appropriate agency or person shall be in proportion to the prize amount as is the delinquency or debt owed by the payee.

SB68, s. 212 Section 212. 565.30 (5m) of the statutes is amended to read:

SB68,69,17 565.30 (5m) Withholding of child support, spousal support, maintenance or family support. The administrator shall report to the department of industry, labor and job workforce development the name, address and social security number of each winner of a lottery prize that is payable in instalments. Upon receipt of the report, the department of industry, labor and job workforce development shall certify to the administrator whether any payee named in the report is obligated to provide child support, spousal support, maintenance or family support under s. 767.02 (1) (f) or (g), 767.10, 767.23, 767.25, 767.26, 767.261, 767.465 (2m), 767.51 (3) or 948.22 (7) or ch. 769 and the amount required to be withheld from the lottery prize under s. 767.265. The administrator shall withhold the certified amount from each payment made to the winner and remit the certified amount to the department of industry, labor and job development.

SB68, s. 213 Section 213. 626.12 (3) of the statutes is amended to read:

SB68,70,4 626.12 (3) Physical impairment. Rates or rating plans may not take into account the physical impairment of employes. Any employer who applies or promotes any oppressive plan of physical examination and rejection of employes or applicants for employment shall forfeit the right to experience rating. If the department of industry, labor and job workforce development determines that grounds exist for such forfeiture it shall file with the commissioner a certified copy of its findings, which shall automatically suspend any experience rating credit for the employer. The department shall make the determination as prescribed in s. 103.005 (5) (b) to (f), (6) to (11), (13) (b) to (d) and (16), so far as such subsections are applicable, subject to review under ch. 227. Restoration of an employer to the advantages of experience rating shall be by the same procedure.

SB68, s. 214 Section 214. 626.125 (3) of the statutes is amended to read:

SB68,70,10 626.125 (3) The bureau shall report annually to the commissioner and the secretary of industry, labor and job workforce development on the status of the program under this section. The report shall include an evaluation of the degree of success achieved by each loss management firm approved under sub. (2) in reducing the worker's compensation loss experience of its clients participating in the program.

SB68, s. 215 Section 215. 626.32 (1) (a) of the statutes is amended to read:

SB68,70,18 626.32 (1) (a) General. Every insurer writing any insurance specified under s. 626.03 shall report its insurance in this state to the bureau at least annually, on forms and under rules prescribed by the bureau. The bureau must file, pursuant to rules adopted by the department of industry, labor and job workforce development, a record of such reports with the department. No such information may be made public by the bureau or any of its employes except as required by law and in accordance with its rules.

SB68, s. 216 Section 216. 645.47 (1) (a) of the statutes is amended to read:

SB68,71,8 645.47 (1) (a) General requirements. The liquidator shall give notice of the liquidation order as soon as possible by first class mail and either by telegram or telephone to the insurance commissioner of each jurisdiction in which the insurer is licensed to do business, by first class mail and by telephone to the department of industry, labor and job workforce development of this state if the insurer is or has been an insurer of worker's compensation, by first class mail to all insurance agents having a duty under s. 645.48, by first class mail to the director of state courts under s. 601.53 (1) if the insurer does a surety business and by first class mail at the last-known address to all persons known or reasonably expected from the insurer's records to have claims against the insurer, including all policyholders. The liquidator also shall publish a class 3 notice, under ch. 985, in a newspaper of general circulation in the county in which the liquidation is pending or in Dane county, the last publication to be not less than 3 months before the earliest deadline specified in the notice under sub. (2).

SB68, s. 217 Section 217. 767.001 (1d) of the statutes is amended to read:

SB68,71,11 767.001 (1d) "Department" means the department of industry, labor and job workforce development.

SB68, s. 218 Section 218. 769.31 (1) of the statutes is amended to read:

SB68,71,14 769.31 (1) The department of industry, labor and job workforce development is the state information agency under this chapter.

SB68, s. 219 Section 219. 893.44 (2) of the statutes is amended to read:

SB68,71,18 893.44 (2) An action to recover wages under s. 109.09 shall be commenced within 2 years after the claim is filed with the department of industry, labor and job workforce development or be barred.

SB68, s. 220 Section 220. 905.15 (1) of the statutes is amended to read:

SB68,72,2 905.15 (1) An employe of the department of health and family services, the department of industry, labor and job workforce development or a county department under s. 46.215, 46.22 or 46.23 or a member of a governing body of a federally recognized American Indian tribe who is authorized by federal law to have access to or awareness of the federal tax return information of another in the performance of duties under s. 49.19 or 49.45 or 7 USC 2011 to 2049 may claim privilege to refuse to disclose the information and the source or method by which he or she received or otherwise became aware of the information.

SB68, s. 221 Section 221. 938.342 (1) (e) of the statutes is amended to read:

SB68,72,6 938.342 (1) (e) Order the department of industry, labor and job workforce development to revoke, under s. 103.72, a permit under s. 103.70 authorizing the employment of the person.

SB68, s. 222 Section 222. 940.207 (title) of the statutes is amended to read:

SB68,72,9 940.207 (title) Battery or threat to department of commerce or department of industry, labor and job workforce development employe.

SB68, s. 223 Section 223. 940.207 (2) (intro.) of the statutes is amended to read:

SB68,72,14 940.207 (2) (intro.) Whoever intentionally causes bodily harm or threatens to cause bodily harm to the person or family member of any department of commerce or department of industry, labor and job workforce development official, employe or agent under all of the following circumstances is guilty of a Class D felony:

SB68, s. 224 Section 224. 940.207 (2) (a) of the statutes is amended to read:

SB68,72,19 940.207 (2) (a) At the time of the act or threat, the actor knows or should have known that the victim is a department of commerce or department of industry, labor and job workforce development official, employe or agent or a member of his or her family.

SB68, s. 225 Section 225. 946.15 (1) of the statutes is amended to read:

SB68,73,9 946.15 (1) Any employer, or any agent or employe of an employer, who induces any person who seeks to be or is employed pursuant to a public contract as defined in s. 66.29 (1) (c) or who seeks to be or is employed on a project on which a prevailing wage rate determination has been issued by the department of industry, labor and job workforce development under s. 66.293 (3), 103.49 (3) or 103.50 (3) or by a local governmental unit, as defined in s. 66.293 (1) (d), under s. 66.293 (6) to give up, waive or return any part of the compensation to which that person is entitled under his or her contract of employment or under the prevailing wage rate determination issued by the department or local governmental unit, or who reduces the hourly basic rate of pay normally paid to an employe for work on a project on which a prevailing wage rate determination has not been issued under s. 66.293 (3) or (6), 103.49 (3) or 103.50 (3) during a week in which the employe works both on a project on which a prevailing wage rate determination has been issued and on a project on which a prevailing wage rate determination has not been issued, is guilty of a Class E felony.

SB68, s. 226 Section 226. 946.15 (2) of the statutes is amended to read:

SB68,73,24 946.15 (2) Any person employed pursuant to a public contract as defined in s. 66.29 (1) (c) or employed on a project on which a prevailing wage rate determination has been issued by the department of industry, labor and job workforce development under s. 66.293 (3), 103.49 (3) or 103.50 (3) or by a local governmental unit, as defined in s. 66.293 (1) (d), under s. 66.293 (6) who gives up, waives or returns to the employer or agent of the employer any part of the compensation to which the employe is entitled under his or her contract of employment or under the prevailing wage determination issued by the department or local governmental unit, or who gives up any part of the compensation to which he or she is normally entitled for work on a project on which a prevailing wage rate determination has not been issued under s. 66.293 (3) or (6), 103.49 (3) or 103.50 (3) during a week in which the person works part-time on a project on which a prevailing wage rate determination has been issued and part-time on a project on which a prevailing wage rate determination has not been issued, is guilty of a Class C misdemeanor.

SB68, s. 227 Section 227. 946.15 (3) and (4) of the statutes are amended to read:

SB68,74,10 946.15 (3) Any employer or labor organization, or any agent or employe of an employer or labor organization, who induces any person who seeks to be or is employed on a project on which a prevailing wage rate determination has been issued by the department of industry, labor and job workforce development under s. 66.293 (3), 103.49 (3) or 103.50 (3) or by a local governmental unit, as defined in s. 66.293 (1) (d), under s. 66.293 (6) to permit any part of the wages to which that person is entitled under the prevailing wage rate determination issued by the department or local governmental unit to be deducted from the person's pay is guilty of a Class E felony, unless the deduction would be permitted under 29 CFR 3.5 or 3.6 from a person who is working on a project that is subject to 40 USC 276c.

SB68,74,19 (4) Any person employed on a project on which a prevailing wage rate determination has been issued by the department of industry, labor and job workforce development under s. 66.293 (3), 103.49 (3) or 103.50 (3) or by a local governmental unit, as defined in s. 66.293 (1) (d), under s. 66.293 (6) who permits any part of the wages to which that person is entitled under the prevailing wage rate determination issued by the department or local governmental unit to be deducted from his or her pay is guilty of a Class C misdemeanor, unless the deduction would be permitted under 29 CFR 3.5 or 3.6 from a person who is working on a project that is subject to 40 USC 276c.

SB68, s. 228 Section 228. 973.05 (5) (g) of the statutes is amended to read:

SB68,75,4 973.05 (5) (g) No employer may use an assignment under sub. (4) (b) as a basis for the denial of employment to a defendant, the discharge of an employe or any disciplinary action against an employe. An employer who denies employment or discharges or disciplines an employe in violation of this paragraph may be fined not more than $500 and may be required to make full restitution to the aggrieved person, including reinstatement and back pay. Restitution shall be in accordance with s. 973.20. An aggrieved person may apply to the district attorney or to the department of industry, labor and human relations workforce development for enforcement of this paragraph.