106.12
106.12
Employment and education program administration. The department shall plan, coordinate, administer, and implement the youth apprenticeship program under
s. 106.13 (1) and such other employment and education programs as the governor may by executive order assign to the department. Notwithstanding any limitations placed on the use of state employment and education funds under this section or
s. 106.13 or under an executive order assigning an employment and education program to the department, the department may issue a general or special order waiving any of those limitations on finding that the waiver will promote the coordination of employment and education services.
106.13
106.13
Youth apprenticeship program. 106.13(1)
(1) The department shall provide a youth apprenticeship program that includes the grant programs under
subs. (3m) and
(4).
106.13 Note
NOTE: 2003 Senate Bill 44, enacted as
2003 Wis. Act 33, changed the term "board" to "department" in ten places in this section. Nine of the changes were vetoed but the change in sub. (1) was not vetoed.
106.13(2)
(2) The council on workforce investment established under
29 USC 2821, the technical college system board, and the department of public instruction shall assist the department in providing the youth apprenticeship program under
sub. (1).
106.13(2m)
(2m) The department shall approve occupations and maintain a list of approved occupations for the youth apprenticeship program. From the appropriation under
s. 20.445 (1) (a), the department shall develop curricula for youth apprenticeship programs for occupations approved under this subsection.
106.13(3)
(3) The youth apprenticeship program under
sub. (1) shall not affect any apprenticeship program that is governed by
subch. I, except that an apprenticeship program that is governed by
subch. I may grant credit toward the completion of an apprenticeship for the successful completion of a youth apprenticeship under
sub. (1).
106.13(3m)(a)(a) In this subsection, "local partnership" means one or more school districts, or any combination of one or more school districts, other public agencies, as defined in
sub. (4) (a) 2., nonprofit organizations, as defined in
sub. (4) (a) 1r., individuals or other persons, who have agreed to be responsible for implementing and coordinating a local youth apprenticeship program.
106.13(3m)(b)
(b) From the appropriation under
s. 20.445 (1) (e), the department shall award grants to applying local partnerships for the implementation and coordination of local youth apprenticeship programs. A local partnership shall include in its grant application the identity of each public agency, nonprofit organization, individual, and other person who is a participant in the local partnership, a plan to accomplish the implementation and coordination activities specified in
subds. 1. to
6., and the identity of a fiscal agent who shall be responsible for receiving, managing, and accounting for the grant moneys received under this paragraph. Subject to
par. (c), a local partnership that is awarded a grant under this paragraph may use the grant moneys awarded for any of the following implementation and coordination activities:
106.13(3m)(b)1.
1. Recruiting employers to provide on-the-job training and supervision for youth apprentices and providing technical assistance to those employers.
106.13(3m)(b)2.
2. Recruiting students to participate in the local youth apprenticeship program and monitoring the progress of youth apprentices participating in the program.
106.13(3m)(b)3.
3. Coordinating youth apprenticeship training activities within participating school districts and among participating school districts, postsecondary institutions and employers.
106.13(3m)(b)4.
4. Coordinating academic, vocational and occupational learning, school-based and work-based learning and secondary and postsecondary education for participants in the local youth apprenticeship program.
106.13(3m)(b)5.
5. Assisting employers in identifying and training workplace mentors and matching youth apprentices and mentors.
106.13(3m)(b)6.
6. Any other implementation or coordination activity that the department may direct or permit the local partnership to perform.
106.13(3m)(c)
(c) A local partnership that is awarded a grant under
par. (b) may not use any of the grant moneys awarded to provide funding to a business that is operated for profit or to a nonprofit organization that represents business interests.
106.13(3m)(d)
(d) The amount of a grant awarded under
par. (b) may not exceed $900 per youth apprentice. A local partnership that is awarded a grant under
par. (b) shall provide matching funds equal to 50% of the grant amount awarded.
106.13(3m)(e)
(e) The following outcomes are expected of a local youth apprenticeship program that is funded under
par. (b):
106.13(3m)(e)1.
1. At least 80% of the youth apprentices who participate in the program for 2 years must receive a high school diploma on completion of the youth apprenticeship.
106.13(3m)(e)2.
2. At least 60% of the youth apprentices who participate in the program for 2 years must be offered employment by the employer that provided the on-the-job training for the youth apprentice on completion of the youth apprenticeship.
106.13(4)(a)1d.
1d. "Eligible employer" means an employer that is eligible to receive a grant under this subsection according to the criteria established by the department under
par. (d).
106.13(4)(a)2.
2. "Public agency" means a county, city, village, town, school district or technical college district or an agency of this state or of a county, city, village, town, school district or technical college district.
106.13(4)(b)
(b) From the appropriation under
s. 20.445 (1) (em), the department may award a grant to a public agency or a nonprofit organization, or to an eligible employer that is responsible for the on-the-job training and supervision of a youth apprentice. A public agency or nonprofit organization that receives a grant under this subsection shall use the funds awarded under the grant to award training grants to eligible employers that provide on-the-job training and supervision for youth apprentices. Subject to
par. (c), a training grant provided under this subsection may be awarded to an eligible employer for each youth apprentice who receives at least 180 hours of paid on-the-job training from the eligible employer during a school year, as defined in
s. 115.001 (13). The amount of a training grant may not exceed $500 per youth apprentice per school year. A training grant may not be awarded for any specific youth apprentice for more than 2 school years.
106.13(4)(c)
(c) Notwithstanding
par. (b), the department may award a training grant under this subsection to an eligible employer that provides less than 180 hours of paid on-the-job training for a youth apprentice during a school year, as defined in
s. 115.001 (13), if the department determines that it would be beneficial for the youth apprentice to receive on-the-job training from more than one eligible employer.
106.13(4)(d)
(d) The department shall establish eligibility criteria for a grant under this subsection. That criteria shall specify that eligibility for a grant shall be limited to small employers, as determined by the department, and to employers providing on-the-job training in employment areas determined by the department. Notwithstanding
sub. (5), those criteria need not be promulgated as rules.
106.13(5)
(5) The department shall promulgate rules to administer this section.
106.14(1)(1) The department shall provide a job center network throughout the state through which job seekers may receive comprehensive career planning, job placement, and job training information.
106.14(2)
(2) The department shall publicize and maintain on its job center Web site information related to the job programs under
ss. 49.147 (3) and
49.162 so that employers and individuals seeking employment may obtain information about the programs, including how to participate in them.
Effective date note
NOTE: Sub. (2) is amended eff. 7-1-13 by
2011 Wis. Act 32 to read:
Effective date text
(2) The department shall publicize and maintain on its job center Web site information related to the job program under s. 49.147 (3) so that employers and individuals seeking employment may obtain information about the program, including how to participate in it.
106.15
106.15
Assistance for dislocated workers. 106.15(1)(c)
(c) "Dislocated worker committee" means the committee or other subunit of the council that assists the governor in providing employment and training activities to dislocated workers under
29 USC 2862 to
2864.
106.15(3)
(3) Grants. From the appropriation under
s. 20.445 (1) (m), the department shall make grants to persons providing employment and training activities to dislocated workers including all of the following:
106.15(3)(a)
(a) Job search assistance, including participation in job clubs.
106.15(3)(c)
(c) Support services, including but not limited to transportation assistance, relocation assistance, financial counseling, personal counseling and programs conducted in cooperation with employers or labor organizations.
106.15(4)
(4) Grant approval. The department may award a grant under this section only if both of the following occur:
106.15(4)(a)
(a) The dislocated workers committee approves the local plan or application for funding and refers its decision to the secretary.
106.15(4)(b)
(b) After receiving a referral under
par. (a), the secretary approves the local plan or application for funding.
106.15(5)
(5) Local plan or application review. In reviewing local plans and applications for funding under this section, the dislocated workers committee and the secretary shall consider all of the following:
106.15(5)(a)
(a) The severity of the need for the program in the community to be served when compared with the severity of need in other communities.
106.15(5)(b)
(b) The appropriateness of the skill development or training to be provided, including whether the demand for that skill exceeds the supply.
106.15(5)(c)
(c) Whether the program provides for labor organizations to participate in program planning.
106.15(5)(d)
(d) Whether the program provides for coordination with other employment and training programs offered in the community in which the program will be offered.
106.15(6)
(6) Rule making. The department shall promulgate rules to administer this section. The rules shall address eligible applicants and program providers, application requirements, criteria and procedures for awarding grants, reporting and auditing procedures and administrative operations.
106.15(7)
(7) Funding. From the amounts appropriated under
s. 20.445 (1) (m), all moneys received under
29 USC 2862 to
2864 shall be expended to fund grants and operations under this section.
106.15 Note
NOTE: This section was created by
1985 Act 153. Section 2 of Act 153 is entitled "Legislative purpose and intent."
106.15 Cross-reference
Cross-reference: See also chs.
DWD 816 and
820, Wis. adm. code.
106.16
106.16
Notification of position openings. 106.16(1)(a)
(a) "Company" means any business operated for profit.
106.16(2)
(2) Any company that receives a loan or grant from a state agency or an authority under
ch. 231 or
234 shall notify the department and the local workforce development board established under
29 USC 2832, of any position in the company that is related to the project for which the grant or loan is received to be filled in this state within one year after receipt of the loan or grant. The company shall provide this notice at least 2 weeks prior to advertising the position.
106.16(3)
(3) A state agency or an authority under
ch. 231 or
234 shall notify the Wisconsin Economic Development Corporation if it makes a loan or grant to a company.
106.16(4)(a)(a) The department shall, upon complaint by any person or on its own motion, investigate any allegation that a company has violated
sub. (2) if the complaint is filed with the department no more than 300 days after the alleged violation occurred.
106.16(4)(b)
(b) If after investigation under
par. (a) the department finds probable cause to believe that a company has violated
sub. (2), the department shall notify the company of the department's finding of probable cause, of the actions specified under
par. (d) that the department proposes to take and of the company's right to request a hearing regarding the alleged violation of
sub. (2).
106.16(4)(c)
(c) A company that receives a notice under
par. (b) may, within 30 days after the date of the notice, request a contested case hearing under
s. 227.42. If the department does not receive a request for a contested case hearing under
s. 227.42 within 30 days after the date of the notice under
par. (b), the department shall issue a final decision that the company has violated
sub. (2) and take the actions specified under
par. (d).
106.16(4)(d)
(d) If the department receives a request under
par. (c) for a hearing, the department shall hold a hearing as provided under
s. 227.44. If, after hearing, the department finds that a company has violated
sub. (2), the department shall issue a final decision under
s. 227.47 that the company has violated
sub. (2) and shall order the company to take any remedial action that the department considers appropriate based on the severity of the noncompliance with
sub. (2).
106.17
106.17
Local labor market information. 106.17(1)
(1) The department shall collect information concerning local labor markets and periodically prepare reports dealing with labor forces at a local level in this state for general circulation.
106.17(2)
(2) The collection and distribution of local labor market information under
sub. (1) shall be funded only from the appropriations under
s. 20.445 (1) (m) and
(n).
106.17 History
History: 1987 a. 27;
1995 a. 27 s.
3717; Stats. 1995 s. 106.17;
2003 a. 33.
106.18
106.18
Youth programs in 1st class cities. From the appropriation account under
s. 20.445 (1) (fm), the department shall implement and operate youth summer jobs programs in 1st class cities.
106.18 History
History: 2007 a. 20.
106.19
106.19
Trade adjustment assistance overpayment waiver. 106.19(1)(1) On or before October 8, 1989, the department shall establish a policy for waiving recovery of overpayments made under the federal adjustment assistance for workers program under
19 USC 2272 to
2318.
106.19(2)
(2) The waiver policy shall require the department to grant a waiver if all of the following apply:
106.19(2)(a)
(a) The overpayment was not the fault of the person who received it.
106.19(2)(b)
(b) Requiring repayment would be contrary to equity and good conscience.
106.19(3)
(3) The department shall do all of the following:
106.19(3)(a)
(a) Notify all of the following persons of the waiver policy and the person's right to request a waiver:
