SB77-SSA1,1205,724
102.87
(6) The person receiving a deposit and stipulation of no contest shall
25prepare a receipt in triplicate showing the purpose for which the deposit is made,
1stating that the defendant may inquire at the office of the clerk of the circuit court
2regarding the disposition of the deposit, and notifying the defendant that if the
3stipulation of no contest is accepted by the court the defendant will be considered to
4have submitted to a forfeiture, penalty assessment, jail assessment
, crime
5laboratories and drug law enforcement assessment and applicable uninsured
6employer assessment plus costs not to exceed the amount of the deposit. Delivery of
7the receipt shall be made in the same manner as provided in sub. (5).
SB77-SSA1,1205,239
102.87
(7) (b) If the defendant has made a deposit, the citation may serve as
10the initial pleading and the defendant shall be considered to have tendered a plea
11of no contest and submitted to a forfeiture, penalty assessment, jail assessment
,
12crime laboratories and drug law enforcement assessment and any applicable
13uninsured employer assessment plus costs not to exceed the amount of the deposit.
14The court may either accept the plea of no contest and enter judgment accordingly,
15or reject the plea and issue a summons. If the defendant fails to appear in response
16to the summons, the court shall issue an arrest warrant. If the court accepts the plea
17of no contest, the defendant may, within 90 days after the date set for appearance,
18move to withdraw the plea of no contest, open the judgment and enter a plea of not
19guilty if the defendant shows to the satisfaction of the court that failure to appear
20was due to mistake, inadvertence, surprise or excusable neglect. If a defendant is
21relieved from the plea of no contest, the court may order a written complaint or
22petition to be filed. If on reopening the defendant is found not guilty, the court shall
23delete the record of conviction and shall order the defendant's deposit returned.
SB77-SSA1,1206,12
1102.87
(7) (c) If the defendant has made a deposit and stipulation of no contest,
2the citation serves as the initial pleading and the defendant shall be considered to
3have tendered a plea of no contest and submitted to a forfeiture, penalty assessment,
4jail assessment
, crime laboratories and drug law enforcement assessment and any
5applicable uninsured employer assessment plus costs not to exceed the amount of the
6deposit. The court may either accept the plea of no contest and enter judgment
7accordingly, or reject the plea and issue a summons or an arrest warrant. After
8signing a stipulation of no contest, the defendant may, at any time before or at the
9time of the court appearance date, move the court for relief from the effect of the
10stipulation. The court may act on the motion, with or without notice, for cause shown
11by affidavit and upon just terms, and relieve the defendant from the stipulation and
12the effects of the stipulation.
SB77-SSA1,1206,2214
102.87
(9) A department deputy or an officer who collects a forfeiture, penalty
15assessment, jail assessment,
crime laboratories and drug law enforcement
16assessment, applicable insured employer assessment and costs under this section
17shall pay the money to the county treasurer within 20 days after its receipt. If the
18department deputy or officer fails to make timely payment, the county treasurer may
19collect the payment from the department deputy or officer by an action in the
20treasurer's name of office and upon the official bond of the department deputy or
21officer, with interest at the rate of 12% per year from the time when it should have
22been paid.
SB77-SSA1,1207,4
24103.05 Hiring reporting system; state directory of new hires. (1) The
25department shall establish and operate a hiring reporting system that includes a
1state directory of new hires. All requirements under the reporting system shall be
2consistent with federal laws and regulations that relate to the reporting of newly
3hired employes for support collection purposes, as part of the state location service
4under s. 49.22 (2), or any other purposes specified in
42 USC 653a (h).
SB77-SSA1,1207,7
5(2) (a) Except as provided in par. (b), every employer that employs individuals
6in the state shall provide to the department information about each newly hired
7employe.
SB77-SSA1,1207,138
(b) Paragraph (a) does not apply to an employer that employs individuals in this
9state and in at least one other state, if the employer has designated, to the secretary
10of the federal department of health and human services, a state other than this state
11for the purpose of providing the information required under par. (a). An employer
12under this paragraph shall notify the department of its designation of another state
13to the secretary of the federal department of health and human services.
SB77-SSA1,1207,14
14(3) The department shall specify all of the following:
SB77-SSA1,1207,1515
(a) The information that employers must provide under sub. (2) (a).
SB77-SSA1,1207,1716
(b) A number of different ways in which employers may report the information
17required under sub. (2) (a), including paper and electronic means.
SB77-SSA1,1207,1918
(c) A timetable for the actions and procedures required under the reporting
19system, including the reporting required under sub. (2) (a).
SB77-SSA1,1207,22
20(4) No person may use or disclose information obtained under this section
21except in the administration of the program under s. 49.22 or a program specified in
2242 USC 653a (h).
SB77-SSA1,1208,2
23(5) (a) Except as provided in par. (b), and subject to par. (c), an employer that
24violates any provision of this section, or any rule promulgated under this section,
1may be required to forfeit up to $25 for each employe concerning whom a violation
2has occurred.
SB77-SSA1,1208,73
(b) Subject to par. (c), an employer may be required to forfeit up to $500 for a
4failure to supply the information under sub. (2) (a) about an employe, or for supplying
5false or incomplete information under sub. (2) (a) about an employe, as a result of a
6conspiracy between the employer and the employe to not supply the information or
7to supply false or incomplete information.
SB77-SSA1,1208,108
(c) The department shall provide an employer with notice of any violation for
9which a penalty may be imposed under par. (a) or (b), and with an opportunity to
10correct the violation, before imposing any penalty under par. (a) or (b).
SB77-SSA1,1208,1211
(d) The department shall deposit all moneys received under this subsection in
12the appropriation account under s. 20.445 (1) (gd).
SB77-SSA1,1208,16
13(6) If the department determines that the hiring reporting system established
14under this section will be operational on or before January 1, 1998, the department
15shall publish a notice in the Wisconsin Administrative Register before that date that
16states that the system shall begin operating on January 1, 1998.
SB77-SSA1,1209,318
103.50
(8) Enforcement and prosecution. The department
of transportation 19shall require adherence to subs. (2)
, (2m) and (6).
The To this end, the department
20of transportation may demand and examine, and it shall be the duty of every
21contractor, subcontractor and agent thereof to keep and furnish to the department
22of transportation, copies of payrolls and other records and information relating to the
23wages paid to persons
performing the work described in sub. (2m) for work to which
24this section applies. Upon request of the department
of transportation or upon
25complaint of alleged violation, the district attorney of the county in which the work
1is located shall make such investigation as necessary and prosecute violations in a
2court of competent jurisdiction. Section 111.322 (2m) applies to discharge and other
3discriminatory acts arising in connection with any proceeding under this section.
SB77-SSA1,1209,135
104.01
(7) "Student learner" means a student who is receiving instruction in
6an accredited school and who is employed on a part-time basis, pursuant to a bona
7fide school training program. A "bona fide school training program" means a
8program authorized and approved by the department of
education public instruction 9or the technical college system board, or other recognized educational body, and
10provided for part-time employment training which may be scheduled for a part of
11the workday or workweek, supplemented by and integrated with, a definitely
12organized plan of instruction and where proper scholastic credit is given by the
13accredited school.
SB77-SSA1,1209,2015
106.11
(2) (b) In carrying out its responsibilities under this section, the
16department shall coordinate services authorized under
29 USC 1533 and provided
17by the department of
education public instruction and the technical college system
18board to provide programs to help eligible youth participants, at least 75% of whom
19shall be economically disadvantaged individuals. At least 50% of the federal moneys
20received under
29 USC 1602 (b) (1) shall be used for programs under this subsection.
SB77-SSA1,1209,2522
106.115
(2) (em) Review and recommend for approval by the state
23superintendent of public instruction a school-to-work program for children at risk,
24as defined in s. 118.153 (1) (a), provided by a nonprofit organization under s. 118.153
25(3m).
SB77-SSA1,1210,14
2106.12 (title)
Division of workforce excellence connecting education
3and work. Based on the recommendations of the governor's council on workforce
4excellence, the division of
workforce excellence
connecting education and work shall
5plan, coordinate, administer and implement the department's workforce excellence
6initiatives, programs, policies and funding, the youth apprenticeship and
7school-to-work programs under s. 106.13 and such other employment and education
8programs as the governor may by executive order assign to the division.
9Notwithstanding any limitations placed on the use of state employment and
10education funds under this section or s. 106.13, 106.14, 106.15, 106.20 or 106.21 or
11under an executive order assigning an employment and education program to the
12division, the secretary may issue a general or special order waiving any of those
13limitations on finding that the waiver will promote the coordination of employment
14and education services.
SB77-SSA1,1210,2216
106.13
(2m) After reviewing the recommendations of the governor's council on
17workforce excellence under s. 106.115 (2) (e), the department shall approve
18occupations and maintain a list of approved occupations for the youth apprenticeship
19program and shall approve statewide skill standards for the school-to-work
20program. From the appropriation under s. 20.445 (1) (ev), the department shall
21contract for the development of develop curricula for youth apprenticeship programs
22for occupations approved under this subsection.
SB77-SSA1,1211,1324
106.13
(4) (b) From the appropriation under s. 20.445 (1) (em), the department
25may award
grants a grant to
a public
agencies and agency or a nonprofit
1organizations that are organization, or to an employer that is responsible for the
2on-the-job training
and supervision of a youth apprentice. A public agency or
3non-profit organization that receives a grant under this subsection shall use the
4funds awarded under the grant to award training grants to employers
who that 5provide on-the-job training and supervision for youth apprentices.
A Subject to par.
6(c), a training grant provided under this subsection may
not exceed 50% of the youth
7apprentice's hourly wage or $4 per hour, whichever is less. An employer may receive
8training grant funds for not more than 500 hours of work per youth apprentice in any
9school year, as defined in s. 115.001 (13) be awarded to an employer for each youth
10apprentice who receives at least 180 hours of paid on-the-job training from the
11employer during a school year, as defined in s. 115.001 (13). The amount of a training
12grant may not exceed $500 per youth apprentice per school year. A training grant
13may not be awarded for any specific youth apprentice for more than 2 school years.
SB77-SSA1,1211,1915
106.13
(4) (c) Notwithstanding par. (b), the department may award a training
16grant under this subsection to an employer that provides less than 180 hours of paid
17on-the-job training for a youth apprentice during a school year, as defined in s.
18115.001 (13), if the department determines that it would be beneficial for the youth
19apprentice to receive on-the-job training from more than one employer.
SB77-SSA1,1211,2522
106.14
(1) The department may award grants to nonprofit corporations and
23public agencies for the provision of career counseling centers throughout the state.
24From the appropriation under s. 20.445 (1) (gd), the department shall allocate
25$300,000 in each fiscal year for the payment of those grants.
SB77-SSA1, s. 2679
1Section
2679. 106.14 (1) of the statutes, as affected by 1997 Wisconsin Act ....
2(this act), is repealed and recreated to read:
SB77-SSA1,1212,43
106.14
(1) The department may award grants to nonprofit corporations and
4public agencies for the provision of career counseling centers throughout the state.
SB77-SSA1,1212,106
106.215
(7) (c)
Conservation fund appropriation. Notwithstanding par. (a),
7moneys appropriated under s. 20.445 (6) (u) that are not derived from the forestation
8state tax under s. 70.58 may be utilized for any project approved by the board
9regardless of whether the project consists in whole or in part of conservation
10activities.
SB77-SSA1,1212,1712
106.215
(10) (d)
Unemployment compensation. A corps
enrollee member or
13assistant crew leader is not eligible for unemployment compensation benefits by
14virtue of his or her employment in the Wisconsin conservation corps program. To the
15extent permitted by federal law, the Wisconsin conservation corps program shall be
16considered a work-relief and working-training program for the purpose of
17determining eligibility for benefits under s. 108.02 (15) (g) 1.
SB77-SSA1, s. 2683
18Section
2683. 106.215 (10) (g) 1. of the statutes is amended to read:
SB77-SSA1,1213,319
106.215
(10) (g) 1. A person who is employed as a corps enrollee for a 6-month
20to one-year period of continuous employment, as determined by standards adopted
21by the board, and who receives a satisfactory employment evaluation upon
22termination of employment is entitled to an incentive payment of $500 prorated in
23the same proportion as the number of hours of employment completed by that person
24bears to 2,080 hours or an education voucher that is worth at least double the
25monetary value of the prorated incentive payment, but not more than
$2,400 $2,600
1prorated in the same proportion as the number of hours of employment completed
2by that person bears to 2,080 hours. No corps enrollee may receive more than 2
3incentive payments or 4 education vouchers.
SB77-SSA1,1213,65
107.31
(5) (a) 1. Four percent of all moneys distributed under s. 70.395 (1)
, 1995
6stats., and under s. 70.395 (1e) beginning on May 22, 1980; and
SB77-SSA1,1213,108
108.02
(15) (gm) "Employment" as applied to work for the Wisconsin
9conservation corps board, does not include service as a corps member or assistant
10crew leader.
SB77-SSA1,1214,212
108.20
(2m) From the moneys not appropriated under s. 20.445 (1) (ge) and (gf)
13which are received by the administrative account as interest and penalties under
14this chapter, the department shall pay the benefits chargeable to the administrative
15account under s. 108.07 (5) and the interest payable to employers under s. 108.17
16(3m) and may pay interest due on advances to the unemployment reserve fund from
17the federal unemployment account under title XII of the social security act,
42 USC
181321 to
1324, may make payments to satisfy a federal audit exception concerning a
19payment from the fund or any federal aid disallowance involving the unemployment
20compensation program,
or may make payments to the fund if such action is necessary
21to obtain a lower interest rate or deferral of interest payments on advances from the
22federal unemployment account under title XII of the social security act
or may
23provide career counseling center grants under s. 106.14, except that any interest
24earned pending disbursement of federal employment security grants under s. 20.445
25(1) (n) shall be credited to the general fund. Any moneys reverting to the
1administrative account from the appropriations under s. 20.445 (1) (ge) and (gf) shall
2be utilized as provided in this subsection.
SB77-SSA1, s. 2689
3Section
2689. 108.20 (2m) of the statutes, as affected by 1997 Wisconsin Act
4.... (this act), is repealed and recreated to read:
SB77-SSA1,1214,195
108.20
(2m) From the moneys not appropriated under s. 20.445 (1) (ge) and (gf)
6which are received by the administrative account as interest and penalties under
7this chapter, the department shall pay the benefits chargeable to the administrative
8account under s. 108.07 (5) and the interest payable to employers under s. 108.17
9(3m) and may pay interest due on advances to the unemployment reserve fund from
10the federal unemployment account under title XII of the social security act,
42 USC
111321 to
1324, may make payments to satisfy a federal audit exception concerning a
12payment from the fund or any federal aid disallowance involving the unemployment
13compensation program, or may make payments to the fund if such action is necessary
14to obtain a lower interest rate or deferral of interest payments on advances from the
15federal unemployment account under title XII of the social security act, except that
16any interest earned pending disbursement of federal employment security grants
17under s. 20.445 (1) (n) shall be credited to the general fund. Any moneys reverting
18to the administrative account from the appropriations under s. 20.445 (1) (ge) and
19(gf) shall be utilized as provided in this subsection.
SB77-SSA1,1215,1621
109.09
(1) The department shall investigate and attempt equitably to adjust
22controversies between employers and employes as to alleged wage claims. The
23department may receive and investigate any wage claim which is filed with the
24department, or received by the department under s. 109.10 (4), no later than 2 years
25after the date the wages are due. The department may, after receiving a wage claim,
1investigate any wages due from the employer against whom the claim is filed to any
2employe during the period commencing 2 years before the date the claim is filed. The
3department shall enforce this chapter and ss. 66.293, 103.02, 103.49,
103.50, 103.82
4and 104.12. In pursuance of this duty, the department may sue the employer on
5behalf of the employe to collect any wage claim or wage deficiency and ss. 109.03 (6)
6and 109.11 (2) and (3) shall apply to such actions. Except for actions under s. 109.10,
7the department may refer such an action to the district attorney of the county in
8which the violation occurs for prosecution and collection and the district attorney
9shall commence an action in the circuit court having appropriate jurisdiction. Any
10number of wage claims or wage deficiencies against the same employer may be joined
11in a single proceeding, but the court may order separate trials or hearings. In actions
12that are referred to a district attorney under this subsection, any taxable costs
13recovered by the district attorney shall be paid into the general fund of the county
14in which the violation occurs and used by that county to meet its financial
15responsibility under s. 978.13 (2) for the operation of the office of the district attorney
16who prosecuted the action.
SB77-SSA1,1216,1118
109.09
(2) The department, under its authority under sub. (1) to maintain
19actions for the benefit of employes, or an employe who brings an action under s.
20109.03 (5) shall have a lien upon all property of the employer, real or personal, located
21in this state for the full amount of any wage claim or wage deficiency. A lien under
22this subsection takes effect when the department or employe files a verified petition
23claiming the lien with the clerk of the circuit court of the county in which the services
24or some part of the services were performed pays the fee specified in s. 814.61 (5) to
25that clerk of circuit court and serves a copy of that petition on the employer by
1personal service in the same manner as a summons is served under s. 801.11 or by
2certified mail with a return receipt requested. The department or employe must file
3the petition within 2 years after the date that the wages were due. The petition shall
4specify the nature of the claim and the amount claimed, describe the property upon
5which the claim is made and state that the petitioner claims a lien on that property.
6The lien shall take precedence over all other debts, judgments, decrees, liens or
7mortgages against the employer, except a lien under s. 292.31 (8) (i)
, 292.41 (6) (d) 8or 292.81, and may be enforced in the manner provided in ss. 779.09 to 779.12, 779.20
9and 779.21, insofar as such provisions are applicable. The lien ceases to exist if the
10department or the employe does not bring an action to enforce the lien within the
11period prescribed in s. 893.44 for the underlying wage claim.
SB77-SSA1,1216,23
13110.065 Traffic academy. The secretary may establish and operate an
14academy for the training of state, county and local traffic patrol officers and other
15related personnel and make rules and regulations for the conduct thereof. The
16secretary shall establish and periodically revise a reasonable scale of tuition charges.
17The tuition for personnel other than employes of the department shall be paid by
18their respective departments or governing bodies and shall be deposited in the
19transportation fund appropriation account under s. 20.395 (5) (dh). The secretary
20shall consult appropriate state, county and local authorities concerning the
21establishment and operation of the academy and the determination of tuition
22charges. State agencies shall cooperate with the secretary in providing information
23and instructional services for the academy.
SB77-SSA1,1217,2
1111.91
(2) (kg) The procedures relating to code of ethics violations under s.
2230.125.
SB77-SSA1,1217,84
111.91
(2) (Lm) Any reduction in fringe benefits provided by a county having
5a population of 500,000 or more to assistant district attorneys, who are granted
6creditable service under s. 40.02 (17) (gm), to compensate for the reduction in the
7state's reimbursement of the employer's cost for fringe benefits under s. 978.12 (6)
8(b).
SB77-SSA1,1217,1110
111.91
(2) (n) The provision to employes of the health insurance coverage
11required under s. 632.895 (11) and (12).
SB77-SSA1, s. 2694
12Section
2694. Chapter 115 (title) of the statutes is amended to read:
SB77-SSA1,1217,17
14DEPARTMENT OF EDUCATION state
15
superintendent; GENERAL
16
CLASSIFICATIONS AND DEFINITIONS;
17
HANDICAPPED CHILDREN
SB77-SSA1,1217,2119
115.001
(1) Charter school. "Charter school" means a school under contract
20with a school board under s. 118.40
or with one of the entities under s. 118.40 (2r) (b),
21or a school established and operated by one of the entities under s. 118.40 (2r) (b).
SB77-SSA1,1217,2423
115.001
(2) Department. "Department" means the department of
education 24public instruction.
SB77-SSA1,1218,4
1115.001
(3r) Private school. "Private school" means an institution with a
2private educational program that meets all of the criteria under s. 118.165 (1) or is
3determined to be a private school by the
department
state superintendent under s.
4118.167.
SB77-SSA1, s. 2697
6Section
2697. Subchapter II (title) of chapter 115 [precedes 115.28] of the
7statutes is repealed and recreated to read:
SB77-SSA1,1218,1110
State superintendent of
11
public instruction
SB77-SSA1,1218,13
13115.28 General duties. (intro.) The
department state superintendent shall:
SB77-SSA1, s. 2698
14Section
2698. 115.28 (3m) of the statutes is repealed and recreated to read:
SB77-SSA1,1218,2015
115.28
(3m) Supervision of cooperative educational service agencies; rules. 16(a) Supervise and audit the receipts and expenditures of the cooperative educational
17service agencies, conduct program review of the agencies, approve agency
18evaluations, supervise boundary reorganization where necessary, advise the
19administrators of the agencies and provide assistance in organizing the agencies
20throughout the state.
SB77-SSA1,1218,2221
(b) Promulgate rules establishing procedures for the reorganization of
22cooperative educational service agencies and boundary appeals.
SB77-SSA1,1219,223
(c) Every 3rd year as scheduled by the department, report to the appropriate
24standing committees of the legislature under s. 13.172 (3) on all cooperative
1educational service agency programs and services. The report shall include
2information on the efficiency and effectiveness of the programs and services.