1997 WISCONSIN ACT 3
An Act to amend 13.83 (3) (f) 2., 15.105 (22), 15.155 (1) (a) 2., 15.197 (11n) (a) 1., 15.22, 15.223 (1), 15.223 (2), 15.225 (1), 15.225 (2) (a), 15.225 (2) (c), 15.227 (1), 15.227 (3), 15.227 (4), 15.227 (5) (intro.), 15.227 (8), 15.227 (9), 15.227 (11), 15.227 (13), 15.227 (14), 15.227 (17) (a), 15.227 (24) (a) (intro.), 15.227 (24) (a) 1., 15.94 (2), 16.48 (1) (intro.), 16.48 (2), 16.48 (3), 16.53 (1) (d) 2., 16.75 (6) (bm), 16.765 (10), 20.445 (intro.), 20.445 (1) (title), 20.445 (1) (sm), 20.445 (3) (p), 20.505 (4) (kp), 20.923 (4) (e) 3., 20.923 (4) (e) 4., 20.923 (4) (f) 4., 36.11 (6) (a) 2., 38.30 (1) (b), 38.51 (6) (b) 1., 40.02 (25) (a) 3., 40.02 (54) (f), 40.63 (6), 40.65 (2) (a), 40.65 (2) (b) 3., 40.65 (2) (b) 4., 45.35 (6), 45.35 (9), 45.35 (10), 45.397 (2) (a), 45.50 (1) (b), 46.03 (7) (bm), 46.10 (14) (b), 46.10 (14) (e) 4., 46.215 (1) (d), 46.215 (1) (j), 46.215 (2) (a) 2., 46.215 (2) (b), 46.215 (2) (c) 2., 46.215 (3), 46.22 (1) (b) 2. (intro.), c. and e., 46.22 (1) (b) 3. (intro.) and d., 46.22 (1) (d), 46.22 (1) (e) 1., 46.22 (1) (e) 2., 46.22 (1) (e) 3. b., 46.22 (2g) (d), 46.22 (3m) (b) 12., 46.22 (3m) (b) 17. b., 46.23 (3) (a), 46.23 (3) (am) 4., 46.23 (5) (a) 2., 46.23 (5) (b), 46.23 (5m) (c), 46.23 (6) (a) (intro.), 46.23 (6) (a) 3., 46.247, 46.29 (3) (c), 46.495 (1) (d), 46.495 (1) (dc), 46.495 (1) (f) 1., 46.56 (14) (a) (intro.), 46.90 (4) (b) 2. b., 47.01 (1m), 48.30 (6), 48.31 (7), 48.357 (5m), 48.36 (1) (b), 48.363 (1), 48.57 (3m) (a) 1., 48.57 (3m) (d), 48.57 (3m) (e), 48.57 (3p) (fm) 1., 49.001 (9), 49.11 (1), 49.11 (2), 49.153 (3) (a) 1., 49.153 (3) (f) 2., 49.153 (4) (d) 4., 49.193 (1) (c), 49.26 (1) (d), 49.45 (6m) (br) 1., 49.45 (40), 49.81 (intro.), 49.82 (1), 49.85 (1), 49.85 (2) (b), 49.85 (3) (b) (intro.), 49.85 (3) (b) 1., 49.85 (3) (b) 2., 49.85 (3) (b) 3., 49.85 (3) (b) 4., 49.85 (3) (b) 5., 49.85 (4) (b), 49.85 (5), 49.855 (1), 49.855 (2), 49.855 (4), 49.855 (4m) (c), 49.855 (5), 49.855 (7), 49.86, 49.89 (2), 49.89 (6), 49.89 (7) (d) 2., 49.90 (2), 49.90 (2g), 59.40 (2) (p), 59.53 (5), 59.69 (4e), 60.61 (3m), 62.23 (7) (hm), 66.293 (1) (b), 66.293 (1) (h), 66.46 (6c) (a), 66.46 (6c) (b), 66.521 (6m), 69.15 (3) (b) 3., 71.67 (7) (a) and (b) (intro.), 71.67 (7) (c) 2., 71.93 (1) (a) 2., 71.93 (1) (a) 4., 77.265 (4), 84.25 (11), 101.055 (8) (ag), 102.01 (2) (ap), 102.01 (2) (em), 102.08, 102.42 (8), 102.61 (1m) (c), 102.61 (1m) (f), 102.61 (2), 102.64 (1), 102.64 (2), 102.82 (2) (c), 103.001 (3), 103.001 (15), 103.005 (20), 103.10 (12) (a) 2., 103.50 (4), 103.50 (5), 103.50 (6), 104.01 (1), 106.13 (2), 108.02 (10), 108.105, 108.13 (4) (b), 108.141 (6) (a), 108.142 (5), 109.01 (1), 111.32 (4), 115.347, 118.125 (2) (i), 118.16 (2) (d), 118.163 (2) (e), 167.10 (6m) (f), 175.45 (9), 215.04 (1) (f), 227.03 (3m) (a), 227.43 (1) (by), 227.43 (2) (d), 227.43 (3) (d), 227.43 (4) (d), 227.52, 227.59, 230.08 (2) (e) 6., 230.147 (1), 230.147 (2), 234.49 (1) (c), 236.335, 301.45 (9), 303.07 (7), 303.21 (1) (a), 443.06 (2) (e), 443.06 (2) (em), 445.095 (3), 454.10 (1), 560.15 (1) (intro.), 560.15 (1) (b) 1., 560.15 (3) (c) 6., 560.73 (1) (i) 1., 560.73 (1) (i) 2., 560.75 (11), 560.795 (3) (e), 560.797 (4) (e), 565.30 (5), 565.30 (5m), 626.12 (3), 626.125 (3), 626.32 (1) (a), 645.47 (1) (a), 767.001 (1d), 769.31 (1), 893.44 (2), 905.15 (1), 938.342 (1) (e), 940.207 (title), 940.207 (2) (intro.), 940.207 (2) (a), 946.15 (1), 946.15 (2), 946.15 (3) and (4), 973.05 (5) (g) and 978.05 (4m); and to repeal and recreate 46.495 (1) (d), 46.495 (1) (dc), 46.495 (1) (f) 1., 48.57 (3m) (d) and 48.57 (3m) (e) of the statutes; relating to: changing the name of the department of industry, labor and job development to the department of workforce development.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
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Section 1
. 13.83 (3) (f) 2. of the statutes is amended to read:
13.83 (3) (f) 2. The department of industry, labor and job workforce development.
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Section 2
. 15.105 (22) of the statutes is amended to read:
15.105 (22) State use board. There is created a state use board which is attached to the department of administration under s. 15.03. The board shall consist of 8 members appointed to serve for 4-year terms, including a representative of the department of administration; a representative of the subunit of the department of health and family services which administers mental health laws; a representative of the subunit of the department of industry, labor and job development workforce development which administers vocational rehabilitation laws; 2 representatives of private businesses, one of whom shall represent a small business; one representative of a work center, as defined in s. 16.752; and one member who does not represent any of the foregoing entities. A member vacates his or her office if the member loses the status upon which his or her appointment is based. In this subsection, “small business" means an independently owned and operated business which is not dominant in its field and which has had less than $2,500,000 in gross annual sales for each of the 2 previous calendar years or has 25 or fewer employes.
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Section 3
. 15.155 (1) (a) 2. of the statutes is amended to read:
15.155 (1) (a) 2. The secretary of industry, labor and job workforce development or the secretary's designee.
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Section 4
. 15.197 (11n) (a) 1. of the statutes is amended to read:
15.197 (11n) (a) 1. The secretary of industry, labor and job workforce development.
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Section 5
. 15.22 of the statutes is amended to read:
15.22 (title) Department of industry, labor and job workforce development; creation. There is created a department of industry, labor and job workforce development under the direction and supervision of the secretary of industry, labor and job workforce development.
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Section 6
. 15.223 (1) of the statutes is amended to read:
15.223 (1) Division of equal rights. There is created in the department of industry, labor and job
workforce development a division of equal rights.
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Section 7
. 15.223 (2) of the statutes is amended to read:
15.223 (2) Division of workforce excellence. There is created in the department of industry, labor and job workforce development a division of workforce excellence.
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Section 8
. 15.225 (1) of the statutes is amended to read:
15.225 (1) Labor and industry review commission. There is created a labor and industry review commission which is attached to the department of industry, labor and job workforce development under s. 15.03, except the budget of the labor and industry review commission shall be transmitted by the department to the governor without change or modification by the department, unless agreed to by the labor and industry review commission.
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Section 9
. 15.225 (2) (a) of the statutes is amended to read:
15.225 (2) (a) Creation. There is created a Wisconsin conservation corps board which is attached to the department of industry, labor and job workforce development under s. 15.03.
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Section 10
. 15.225 (2) (c) of the statutes is amended to read:
15.225 (2) (c) Liaison representatives. The secretary of agriculture, trade and consumer protection, the secretary of health and family services, the secretary of industry, labor and job workforce development, the secretary of natural resources and the chancellor of the university of Wisconsin-extension, or a designee of such a secretary or the chancellor, shall serve as liaison representatives to the Wisconsin conservation corps board, and provide information to and assist the board. The liaison representatives are not board members and may not vote on any board decision or action.
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Section 11
. 15.227 (1) of the statutes is amended to read:
15.227 (1) Equal rights council. There is created in the department of industry, labor and job
workforce development an equal rights council consisting of not to exceed 35 members appointed for staggered 3-year terms. Members shall be appointed from the entire state and shall be representative of all races, creeds, groups, organizations and fields of endeavor. The equal rights council shall advise the secretary of industry, labor and job workforce development and the division of equal rights.
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Section 12
. 15.227 (3) of the statutes is amended to read:
15.227 (3) Council on unemployment compensation. There is created in the department of industry, labor and job workforce development a council on unemployment compensation appointed by the secretary of industry, labor and job workforce development to consist of 5 representatives of employers and 5 representatives of employes appointed to serve for 6-year terms and a permanent classified employe of the department of industry, labor and job workforce development who shall serve as nonvoting chairperson. In making appointments to the council, the secretary shall give due consideration to achieving balanced representation of the industrial, commercial, construction, nonprofit and public sectors of the state's economy. One of the employer representatives shall be an owner of a small business or a representative of an association primarily composed of small businesses. In this subsection, “small business" means an independently owned and operated business which is not dominant in its field and which has had less than $2,000,000 in gross annual sales for each of the previous 2 calendar years or has 25 or fewer employes. A member vacates his or her office if the member loses the status upon which his or her appointment is based.
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Section 13
. 15.227 (4) of the statutes is amended to read:
15.227 (4) Council on worker's compensation. There is created in the department of industry, labor and job workforce development a council on worker's compensation appointed by the labor and industry review commission to consist of a member or designated employe of the department of industry, labor and job workforce development or the labor and industry review commission as chairperson, 5 representatives of employers and 5 representatives of employes. The commission shall also appoint 3 representatives of insurers authorized to do a worker's compensation insurance business in this state as nonvoting members of the council.
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Section 14
. 15.227 (5) (intro.) of the statutes is amended to read:
15.227 (5) Council on child labor. (intro.) There is created in the department of industry, labor and job workforce development a council on child labor to consist of the following:
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Section 15
. 15.227 (8) of the statutes is amended to read:
15.227 (8) Council on migrant labor. There is created in the department of industry, labor and job
workforce development a council on migrant labor. Nonlegislative members shall serve for staggered 3-year terms and shall include 6 representatives of employers of migrant workers and 6 representatives of migrant workers and their organizations. Two members of the senate and 2 members of the assembly shall be appointed to act as representatives of the public. Legislative members shall be appointed as are members of standing committees and shall be equally divided between the 2 major political parties.
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Section 16
. 15.227 (9) of the statutes is amended to read:
15.227 (9) Construction wage rate council. There is created in the department of industry, labor and job workforce development a construction wage rate council appointed by the labor and industry review commission.
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Section 17
. 15.227 (11) of the statutes is amended to read:
15.227 (11) Self-insurers council. There is created in the department of industry, labor and job
workforce development a self-insurers council consisting of 5 members appointed by the labor and industry review commission for 3-year terms.
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Section 18
. 15.227 (13) of the statutes is amended to read:
15.227 (13) Wisconsin apprenticeship council. There is created in the department of industry, labor and job workforce development a Wisconsin apprenticeship council appointed by the labor and industry review commission.
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Section 19
. 15.227 (14) of the statutes is amended to read:
15.227 (14) Labor standards council. There is created in the department of industry, labor and job
workforce development a labor standards council appointed by the labor and industry review commission.
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Section 20
. 15.227 (17) (a) of the statutes is amended to read:
15.227 (17) (a) There is created in the department of industry, labor and job workforce development a labor and management council to advise the department of industry, labor and job workforce development about sponsoring labor and management conferences and meetings and promoting positive relations between labor and management.
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Section 21
. 15.227 (24) (a) (intro.) of the statutes is amended to read:
15.227 (24) (a) (intro.) There is created in the department of industry, labor and job workforce development a governor's council on workforce excellence consisting of the following members:
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Section 22
. 15.227 (24) (a) 1. of the statutes is amended to read:
15.227 (24) (a) 1. The secretary of industry, labor and job workforce development or the secretary's designee.
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Section 23
. 15.94 (2) of the statutes is amended to read:
15.94 (2) The secretary of industry, labor and job workforce development or the secretary's designee.
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Section 24
. 16.48 (1) (intro.) of the statutes is amended to read:
16.48 (1) (intro.) On or about January 15 of each odd-numbered year, the secretary of industry, labor and job workforce development shall prepare and furnish to the governor, the speaker of the assembly, the minority leader of the assembly, and the majority and minority leaders of the senate:
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Section 25
. 16.48 (2) of the statutes is amended to read:
16.48 (2) Upon receipt of the statement and report under sub. (1), the governor may convene a special committee consisting of the secretary of industry, labor and job workforce development and the legislative leaders specified in sub. (1) to review the statement and report. Upon request of 2 or more of the legislative leaders specified in sub. (1), the governor shall convene such a committee. The committee shall attempt to reach a consensus concerning proposed changes to the unemployment compensation laws and shall submit its recommendations to the governor and legislature concurrently with the statement furnished under sub. (3).
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Section 26
. 16.48 (3) of the statutes is amended to read:
16.48 (3) On or about February 15 of each odd-numbered year, the secretary of industry, labor and job
workforce development, under the direction of the governor, shall submit to each member of the legislature an updated statement of unemployment compensation financial outlook which shall contain the information specified in sub. (1) (a), together with the governor's recommendations and an explanation for such recommendations, and a copy of the report required under sub. (1) (b).
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Section 27
. 16.53 (1) (d) 2. of the statutes is amended to read:
16.53 (1) (d) 2. Costs for benefits under ch. 108 which are paid on an actual basis may be charged to and collected from agencies by the secretary on an estimated or premium basis, credited to appropriate appropriations, and paid from the appropriations on an actual basis. If a billing submitted by the department of industry, labor and job workforce development for payment of a specific claim for benefits under s. 108.15 (7) remains unpaid by the agency to whom the billing is submitted for more than 60 days after the billing is transmitted to the agency by the secretary, the secretary may charge the cost of payment of the billing to the proper appropriation of the agency to whom the billing is submitted without authorization of the agency and notwithstanding any pending dispute concerning agency liability. If it is finally determined that an agency is not liable in whole or in part for payment of a billing previously submitted and paid, the secretary shall credit any refund received to the appropriation from which the billing was paid, if it is available for expenditure, or otherwise to the fund from which the billing was paid. Any credit to a sum sufficient appropriation shall be made only to the fund from which the appropriation is made. In addition, the secretary may charge agencies for the department's costs of estimation, collection and payment of benefits under ch. 108 on a prorated basis in accordance with the percentage of costs attributable to each agency. Service charges shall be paid into the appropriation made under s. 20.505 (1) (ka).
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Section 28
. 16.75 (6) (bm) of the statutes is amended to read:
16.75 (6) (bm) If the secretary determines that it is in the best interest of this state to do so, he or she may waive any requirement under subs. (1) to (5) and ss. 16.705 and 16.72 (2) (e) and (f) and (5) with respect to any contract entered into by the department of industry, labor and job workforce development under s. 49.143, if the department of industry, labor and job workforce development presents the secretary with a process for the procurement of contracts under s. 49.143 and the secretary approves the process.
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Section 29
. 16.765 (10) of the statutes is amended to read:
16.765 (10) The department shall refer any individual complaints of discrimination which are subject to investigation under subch. II of ch. 111 to the department of industry, labor and job workforce development.
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Section 30
. 20.445 (intro.) of the statutes is amended to read:
20.445 (title) Industry, labor and job Workforce development, department of. (intro.) There is appropriated to the department of industry, labor and job
workforce development for the following programs:
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Section 31
. 20.445 (1) (title) of the statutes is amended to read:
20.445 (1) (title) Industry, labor and job Workforce development.
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Section 32
. 20.445 (1) (sm) of the statutes is amended to read:
20.445 (1) (sm) Uninsured employers fund; payments. From the uninsured employers fund, a sum sufficient to make the payments under s. 102.81 (1) and to obtain reinsurance under s. 102.81 (2). No moneys may be expended or encumbered under this paragraph until the first day of the first July beginning after the day that the secretary of industry, labor and job workforce development files the certificate under s. 102.80 (3) (a).
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Section 33
. 20.445 (3) (p) of the statutes is amended to read:
20.445 (3) (p) Federal aid; income maintenance payments. All federal moneys received for meeting costs of county administered public assistance programs under subch. III of ch. 49, the costs of the child and spousal support and establishment of paternity program under s. 49.22 and the cost of child care and related transportation under s. 49.26 (1) (e). Disbursements under s. 46.03 (20) may be made from this appropriation. Any disbursement made under this appropriation to carry out a contract under ss. 49.22 (7) and 59.53 (5) shall be in accordance with the formula established by the department of industry, labor and job workforce development under s. 49.22 (7).
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Section 34
. 20.505 (4) (kp) of the statutes is amended to read:
20.505 (4) (kp) Hearings and appeals fees. The amounts in the schedule for hearings and appeals services to the departments of health and family services and industry, labor and job workforce development. All moneys received from the fees charged under s. 227.43 (3) (c) and (d) shall be credited to this appropriation account.
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Section 35
. 20.923 (4) (e) 3. of the statutes is amended to read:
20.923 (4) (e) 3. Industry, labor and job Workforce development: employment and training: executive director.
