SB21,3050
24Section
3050. 102.835 (4) (a) of the statutes is amended to read:
SB21,1200,3
1102.835
(4) (a) Any debtor who fails to surrender any property or rights to
2property that is subject to levy, upon demand by the
department office, is subject to
3proceedings to enforce the amount of the levy.
SB21,3051
4Section
3051. 102.835 (4) (b) of the statutes is amended to read:
SB21,1200,125
102.835
(4) (b) Any 3rd party who fails to surrender any property or rights to
6property subject to levy, upon demand of the
department office, is subject to
7proceedings to enforce the levy. The 3rd party is not liable to the
department office 8under this paragraph for more than 25% of the debt. The
department office shall
9serve a final demand as provided under sub. (13) on any 3rd party who fails to
10surrender property. Proceedings may not be initiated by the
department office until
115 days after service of the final demand. The
department office shall issue a
12determination under s. 102.82 to the 3rd party for the amount of the liability.
SB21,3052
13Section
3052. 102.835 (4) (c) of the statutes is amended to read:
SB21,1200,1814
102.835
(4) (c) When a 3rd party surrenders the property or rights to the
15property on demand of the
department office or discharges the obligation to the
16department office for which the levy is made, the 3rd party is discharged from any
17obligation or liability to the debtor with respect to the property or rights to the
18property arising from the surrender or payment to the
department office.
SB21,3053
19Section
3053. 102.835 (5) (a) of the statutes is amended to read:
SB21,1201,220
102.835
(5) (a) If the
department
office has levied upon property, any person,
21other than the debtor who is liable to pay the debt out of which the levy arose, who
22claims an interest in or lien on that property, and who claims that that property was
23wrongfully levied upon may bring a civil action against the state in the circuit court
24for Dane County. That action may be brought whether or not that property has been
25surrendered to the
department office. The court may grant only the relief under par.
1(b). No other action to question the validity of or to restrain or enjoin a levy by the
2department office may be maintained.
SB21,3054
3Section
3054. 102.835 (5) (c) of the statutes is amended to read:
SB21,1201,64
102.835
(5) (c) For purposes of an adjudication under this subsection, the
5determination of the debt upon which the interest or lien of the
department office is
6based is conclusively presumed to be valid.
SB21,3055
7Section
3055. 102.835 (6) of the statutes is amended to read:
SB21,1201,98
102.835
(6) Determination of expenses. The
department office shall
9determine its costs and expenses to be paid in all cases of levy.
SB21,3056
10Section
3056. 102.835 (7) (a) of the statutes is amended to read:
SB21,1201,1411
102.835
(7) (a) The
department office shall apply all money obtained under this
12section first against the expenses of the proceedings and then against the liability
13in respect to which the levy was made and any other liability owed to the
department 14office by the debtor.
SB21,3057
15Section
3057. 102.835 (7) (b) of the statutes is amended to read:
SB21,1201,1816
102.835
(7) (b) The
department office may refund or credit any amount left
17after the applications under par. (a), upon submission of a claim for a refund or credit
18and satisfactory proof of the claim, to the person entitled to that amount.
SB21,3058
19Section
3058. 102.835 (8) of the statutes is amended to read:
SB21,1201,2220
102.835
(8) Release of levy. The
department office may release the levy upon
21all or part of property levied upon to facilitate the collection of the liability or to grant
22relief from a wrongful levy, but that release does not prevent any later levy.
SB21,3059
23Section
3059. 102.835 (9) of the statutes is amended to read:
SB21,1202,224
102.835
(9) Wrongful levy. If the
department office determines that property
25has been wrongfully levied upon, the
department office may return the property at
1any time, or may return an amount of money equal to the amount of money levied
2upon.
SB21,3060
3Section
3060. 102.835 (10) of the statutes is amended to read:
SB21,1202,64
102.835
(10) Preservation of remedies. The availability of the remedy under
5this section does not abridge the right of the
department office to pursue other
6remedies.
SB21,3061
7Section
3061. 102.835 (12) of the statutes is amended to read:
SB21,1202,208
102.835
(12) Notice before levy. If no proceeding for review permitted by law
9is pending, the
department office shall make a demand to the debtor for payment of
10the debt
which that is subject to levy and give notice that the
department office may
11pursue legal action for collection of the debt against the debtor. The
department 12office shall make the demand for payment and give the notice at least 10 days prior
13to the levy, personally or by any type of mail service
which that requires a signature
14of acceptance, at the address of the debtor as it appears on the records of the
15department office. The demand for payment and notice shall include a statement of
16the amount of the debt, including costs and fees, and the name of the debtor who is
17liable for the debt. The debtor's failure to accept or receive the notice does not prevent
18the
department office from making the levy. Notice prior to levy is not required for
19a subsequent levy on any debt of the same debtor within one year after the date of
20service of the original levy.
SB21,3062
21Section
3062. 102.835 (13) (a) of the statutes is amended to read:
SB21,1202,2422
102.835
(13) (a) The
department office shall serve the levy upon the debtor and
233rd party by personal service or by any type of mail service
which that requires a
24signature of acceptance.
SB21,3063
25Section
3063. 102.835 (13) (c) of the statutes is amended to read:
SB21,1203,4
1102.835
(13) (c) The
department representative
of the office who serves the levy
2shall certify service of process on the notice of levy form and the person served shall
3acknowledge receipt of the certification by signing and dating it. If service is made
4by mail, the return receipt is the certificate of service of the levy.
SB21,3064
5Section
3064. 102.835 (14) of the statutes is amended to read:
SB21,1203,126
102.835
(14) Answer by 3rd party. Within 20 days after the service of the levy
7upon a 3rd party, the 3rd party shall file an answer with the
department office stating
8whether the 3rd party is in possession of or obligated with respect to property or
9rights to property of the debtor, including a description of the property or the rights
10to property and the nature and dollar amount of any such obligation. If the 3rd party
11is an insurance company, the insurance company shall file an answer with the
12department office within 45 days after the service of the levy.
SB21,3065
13Section
3065. 102.835 (19) of the statutes is amended to read:
SB21,1203,1914
102.835
(19) Hearing. Any debtor who is subject to a levy proceeding made by
15the
department office may request a hearing under s. 102.17 to review the levy
16proceeding. The hearing is limited to questions of prior payment of the debt that the
17department office is proceeding against, and mistaken identity of the debtor. The
18levy is not stayed pending the hearing in any case in which property is secured
19through the levy.
SB21,3066
20Section
3066. 102.85 (2) (a) of the statutes is amended to read:
SB21,1203,2421
102.85
(2) (a) Gives false information about the coverage to his or her
22employees, the
department office, or any other person who contracts with the
23employer and who requests evidence of worker's compensation coverage in relation
24to that contract.
SB21,3067
25Section
3067. 102.85 (5) (a) of the statutes is amended to read:
SB21,1204,8
1102.85
(5) (a) The payment of any judgment under this section may be
2suspended or deferred for not more than 90 days in the discretion of the court. The
3court shall suspend a judgment under this section upon the motion of the
department 4office, if the
department office is satisfied that the employer's violation of s. 102.16
5(3) or 102.28 (2) was beyond the employer's control and that the employer
is no longer
6violates in violation of s. 102.16 (3) or 102.28 (2).
In cases where If a deposit has been
7made, any forfeitures, surcharges, fees, and costs imposed under ch. 814 shall be
8taken out of the deposit and the balance, if any, returned to the employer.
SB21,3068
9Section
3068. 102.87 (1) of the statutes is renumbered 102.87 (1m).
SB21,3069
10Section
3069. 102.87 (1d) of the statutes is created to read:
SB21,1204,1511
102.87
(1d) In this section, "deputy" means any person employed by the office
12who is designated as a deputy, who possesses special, technical, scientific,
13managerial or personal abilities or qualities in matters within the jurisdiction of the
14office, and who may be engaged in the performance of duties under the direction of
15the commissioner, calling for the exercise of those abilities or qualities.
SB21,3070
16Section
3070. 102.87 (2) (intro.) of the statutes is amended to read:
SB21,1204,1917
102.87
(2) (intro.) A citation under this section shall be signed by a
department 18deputy, or by an officer who has authority to make arrests for the violation, and shall
19contain substantially the following information:
SB21,3071
20Section
3071. 102.87 (2) (b) of the statutes is amended to read:
SB21,1204,2221
102.87
(2) (b) The name and
office or department of the issuing
department 22deputy or officer.
SB21,3072
23Section
3072. 102.87 (3) of the statutes is amended to read:
SB21,1205,824
102.87
(3) A defendant issued a citation under this section may deposit the
25amount of money that the issuing
department deputy or officer directs by mailing or
1delivering the deposit and a copy of the citation before the court appearance date to
2the clerk of the circuit court in the county where the violation occurred, to the
3department office, or to the sheriff's office or police headquarters of the officer who
4issued the citation. The basic amount of the deposit shall be determined under a
5deposit schedule established by the judicial conference. The judicial conference shall
6annually review and revise the schedule. In addition to the basic amount determined
7by the schedule, the deposit shall include the costs, fees, and surcharges imposed
8under ch. 814.
SB21,3073
9Section
3073. 102.87 (9) of the statutes is amended to read:
SB21,1205,1710
102.87
(9) A
department deputy or an officer who collects
under this section a
11forfeiture and costs, fees, and surcharges imposed under ch. 814
under this section 12shall pay the money to the county treasurer within 20 days after its receipt. If the
13department deputy or officer fails to make timely payment, the county treasurer may
14collect the payment from the
department deputy or officer by an action in the
15treasurer's name of office and upon the official bond of the
department deputy or
16officer, with interest at the rate of
12% 12 percent per year from the time when
it the
17payment should have been
paid made.
SB21,3074
18Section
3074. 102.88 (1) of the statutes is amended to read:
SB21,1205,2419
102.88
(1) When a person is convicted of any violation of this chapter or of any
20department rule or order
of the office, and it is alleged in the indictment, information
, 21or complaint, and proved or admitted on trial or ascertained by the court after
22conviction that the person was previously subjected to a fine or forfeiture within a
23period of 5 years under s. 102.85, the person may be fined not more than $2,000 or
24imprisoned for not more than 90 days or both.
SB21,3075
25Section
3075. 102.89 (1) of the statutes is amended to read:
SB21,1206,5
1102.89
(1) Whoever is concerned in the commission of a violation of this chapter
2or of any
department rule or order
of the office under this chapter for which a
3forfeiture is imposed is a principal and may be charged with and convicted of the
4violation although he or she did not directly commit
it the violation and although the
5person who directly committed
it the violation has not been convicted of the violation.
SB21,3076
6Section
3076. 103.001 (6) of the statutes is amended to read:
SB21,1206,117
103.001
(6) "Employer" means any person, firm, corporation, state, county,
8town, city, village, school district, sewer district, drainage district,
long-term care
9district and other public or quasi-public corporations as well as any agent, manager,
10representative or other person having control or custody of any employment, place
11of employment or of any employee.
SB21,3077
12Section
3077. 103.49 (1) (f) of the statutes is amended to read:
SB21,1206,1913
103.49
(1) (f) "State agency" means any office, department, independent
14agency, institution of higher education, association, society or other body in state
15government created or authorized to be created by the constitution or any law,
16including the legislature and the courts. "State agency" also includes the University
17of Wisconsin Hospitals and Clinics Authority,
the University of Wisconsin System
18Authority, the Fox River Navigational System Authority, and the Wisconsin
19Aerospace Authority.
SB21,3078
20Section
3078. 103.50 (2) of the statutes is amended to read:
SB21,1207,721
103.50
(2) Prevailing wage rates and hours of labor. No person performing
22the work described in sub. (2m) in the employ of a contractor, subcontractor, agent
23or other person performing any work on a project under a contract based on bids as
24provided in s. 84.06 (2)
, or under a contract under s. 84.06 (2m) (e), to which the state
25is a party for the construction or improvement of any highway may be permitted to
1work a greater number of hours per day or per week than the prevailing hours of
2labor; nor may he or she be paid a lesser rate of wages than the prevailing wage rate
3in the area in which the work is to be done determined under sub. (3); except that any
4such person may be permitted or required to work more than such prevailing hours
5of labor per day and per week if he or she is paid for all hours worked in excess of the
6prevailing hours of labor at a rate of at least 1.5 times his or her hourly basic rate of
7pay.
SB21,3079
8Section
3079. 106.05 (2) (b) (intro.) of the statutes is amended to read:
SB21,1207,149
106.05
(2) (b) (intro.) Subject to par. (c) and sub. (3), from the appropriation
10under s. 20.445 (1)
(d) (b), the department
shall may provide to an apprentice
11described in par. (a) 1. or the apprentice's sponsor a completion award equal to 25
12percent of the cost of tuition incurred by the apprentice or sponsor or $1,000,
13whichever is less
,. If the department provides a completion award under this
14subsection, the department shall pay the award as follows:
SB21,3080
15Section
3080. 106.05 (3) (a) of the statutes is amended to read:
SB21,1207,2216
106.05
(3) (a) If the amount of funds to be distributed under sub. (2) exceeds
17the amount available
in the appropriation under s. 20.445 (1)
(d) (b) for completion
18awards under sub. (2), the department may reduce the reimbursement percentage
19or deny applications for completion awards that would otherwise qualify under sub.
20(2). In that case, the department shall determine the reimbursement percentage and
21eligibility on the basis of the dates on which apprentices and sponsors become eligible
22for completion awards.
SB21,3081
23Section
3081. 106.13 (1) of the statutes is amended to read:
SB21,1208,3
1106.13
(1) The department
shall may provide a youth apprenticeship program
2that includes. If the department provides that program, the program may include 3the grant
programs under subs. (3m) and (4) program under sub. (3m).
SB21,3082
4Section
3082. 106.13 (3m) (a) of the statutes is renumbered 106.13 (3m) (a)
5(intro.) and amended to read:
SB21,1208,66
106.13
(3m) (a) (intro.) In this subsection
, "local partnership":
SB21,1208,11
71. "Local partnership" means one or more school districts, or any combination
8of one or more school districts, other public agencies,
as defined in sub. (4) (a) 2., 9nonprofit organizations,
as defined in sub. (4) (a) 1r., individuals
, or other persons,
10who have agreed to be responsible for implementing and coordinating a local youth
11apprenticeship program.
SB21,3083
12Section
3083. 106.13 (3m) (b) (intro.) of the statutes is amended to read:
SB21,1208,2313
106.13
(3m) (b) (intro.) From the appropriation under s. 20.445 (1)
(e) (b), the
14department
shall may award grants to applying local partnerships for the
15implementation and coordination of local youth apprenticeship programs. A local
16partnership shall include in its grant application the identity of each public agency,
17nonprofit organization, individual, and other person who is a participant in the local
18partnership, a plan to accomplish the implementation and coordination activities
19specified in subds. 1. to 6., and the identity of a fiscal agent who shall be responsible
20for receiving, managing, and accounting for the grant moneys received under this
21paragraph. Subject to par. (c), a local partnership that is awarded a grant under this
22paragraph may use the grant moneys awarded for any of the following
23implementation and coordination activities:
SB21,3084
24Section
3084. 106.13 (4) (a) (intro.) of the statutes is repealed.
SB21,3085
25Section
3085. 106.13 (4) (a) 1d. of the statutes is repealed.
SB21,3086
1Section
3086. 106.13 (4) (a) 1r. of the statutes is renumbered 106.13 (3m) (a)
21r.
SB21,3087
3Section
3087. 106.13 (4) (a) 2. of the statutes is renumbered 106.13 (3m) (a)
42.
SB21,3088
5Section
3088. 106.13 (4) (b) of the statutes is repealed.
SB21,3089
6Section
3089. 106.13 (4) (c) of the statutes is repealed.
SB21,3090
7Section
3090. 106.13 (4) (d) of the statutes is repealed.
SB21,3091
8Section
3091. 106.16 (2) of the statutes is amended to read:
SB21,1209,149
106.16
(2) Any company that receives a loan or grant from a state agency or
10an authority under ch. 231
or 234 shall notify the department and the local workforce
11development board established under
29 USC 2832, of any position in the company
12that is related to the project for which the grant or loan is received to be filled in this
13state within one year after receipt of the loan or grant. The company shall provide
14this notice at least 2 weeks prior to advertising the position.
SB21,3092
15Section
3092. 106.16 (3) of the statutes is repealed.
SB21,3093
16Section
3093. 106.27 (1) of the statutes is amended to read:
SB21,1209,2517
106.27
(1) Workforce training grants. From the appropriation under s.
1820.445 (1) (b), the department shall award grants to public and private organizations
19for the development and implementation of workforce training programs. An
20organization that is awarded a grant under this subsection may use the grant for the
21training of unemployed and underemployed workers and incumbent employees of
22businesses in this state
and for the hiring and training of apprentices in this state.
23As a condition of receiving a grant under this subsection, the department may
24require a public or private organization to provide matching funds at a percentage
25to be determined by the department.
SB21,3094
1Section
3094. 106.27 (2m) of the statutes is amended to read:
SB21,1210,42
106.27
(2m) Consultation. The department shall consult with the technical
3college system board and the
Wisconsin Economic Development Corporation 4Forward Wisconsin Development Authority in implementing this section.
SB21,3095
5Section
3095. 106.27 (3) of the statutes is amended to read:
SB21,1210,236
106.27
(3) Annual report. Annually, by December 31, the department shall
7submit a report to the governor and the cochairpersons of the joint committee on
8finance providing an account of the department's activities and expenditures under
9this section during the preceding fiscal year. The report shall include information
10on the number of unemployed and underemployed workers
and
, incumbent
11employees
, and apprentices who participate in training programs under sub. (1); the
12number of unemployed workers who obtain gainful employment, underemployed
13workers who obtain new employment,
and incumbent employees who receive
14increased compensation
, and apprentices who obtain gainful employment or new
15employment or who receive increased compensation after participating in such a
16training program; and the wages earned by those workers
and
, employees
, and
17apprentices both before and after participating in such a training program. The
18report shall also include information on the extent to which waiting lists for
19enrollment in courses and programs provided by technical colleges in high-demand
20fields are reduced as a result of grants under sub. (1g) (a), on the number of high
21school pupils who participate in certification programs under sub. (1g) (b), and on the
22number of persons with disabilities who participate in employment enhancement
23activities under sub. (1g) (c).
SB21,3096
24Section
3096. 106.273 of the statutes is created to read:
SB21,1211,6
1106.273 Career and technical education incentive grants. From the
2appropriation under s. 20.445 (1) (b), the department may provide grants to school
3districts for the development of programs that are designed to mitigate workforce
4shortages in industries and occupations that are experiencing a workforce shortage,
5as determined by the department, and to assist pupils in graduating with
6industry-recognized certifications in those industries and occupations.
SB21,3097
7Section
3097. 106.32 (title) of the statutes is renumbered 45.435 (title).
SB21,3098
8Section
3098. 106.32 (1) (intro.) of the statutes is renumbered 45.435 (1)
9(intro.).
SB21,3099
10Section
3099. 106.32 (1) (a) of the statutes is renumbered 45.435 (1) (a) and
11amended to read: