AB97: Bill Text

AB97,7,20 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.

AB97, s. 17 Section 17. 15.227 (11) of the statutes is amended to read:

AB97,7,24 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.

AB97, s. 18 Section 18. 15.227 (13) of the statutes is amended to read:

AB97,8,3 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.

AB97, s. 19 Section 19. 15.227 (14) of the statutes is amended to read:

AB97,8,7 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.

AB97, s. 20 Section 20. 15.227 (17) (a) of the statutes is amended to read:

AB97,8,13 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.

AB97, s. 21 Section 21. 15.227 (24) (a) (intro.) of the statutes is amended to read:

AB97,8,17 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:

AB97, s. 22 Section 22. 15.227 (24) (a) 1. of the statutes is amended to read:

AB97,8,20 15.227 (24) (a) 1. The secretary of industry, labor and job workforce development or the secretary's designee.

AB97, s. 23 Section 23. 15.94 (2) of the statutes is amended to read:

AB97,8,23 15.94 (2) The secretary of industry, labor and job workforce development or the secretary's designee.

AB97, s. 24 Section 24. 16.48 (1) (intro.) of the statutes is amended to read:

AB97,9,4 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:

AB97, s. 25 Section 25. 16.48 (2) of the statutes is amended to read:

AB97,9,13 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).

AB97, s. 26 Section 26. 16.48 (3) of the statutes is amended to read:

AB97,9,21 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).

AB97, s. 27 Section 27. 16.53 (1) (d) 2. of the statutes is amended to read:

AB97,9,25 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).

AB97, s. 28 Section 28. 16.75 (6) (bm) of the statutes is amended to read:

AB97,10,25 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.

AB97, s. 29 Section 29. 16.765 (10) of the statutes is amended to read:

AB97,11,4 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.

AB97, s. 30 Section 30. 20.445 (intro.) of the statutes is amended to read:

AB97,11,8 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:

AB97, s. 31 Section 31. 20.445 (1) (title) of the statutes is amended to read:

AB97,11,10 20.445 (1) (title) Industry, labor and job Workforce development.

AB97, s. 32 Section 32. 20.445 (1) (sm) of the statutes is amended to read:

AB97,11,17 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).

AB97, s. 33 Section 33. 20.445 (3) (p) of the statutes is amended to read:

AB97,12,2 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).

AB97, s. 34 Section 34. 20.505 (4) (kp) of the statutes is amended to read:

AB97,12,7 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.

AB97, s. 35 Section 35. 20.923 (4) (e) 3. of the statutes is amended to read:

AB97,12,10 20.923 (4) (e) 3. Industry, labor and job Workforce development: employment and training: executive director.

AB97, s. 36 Section 36. 20.923 (4) (e) 4. of the statutes is amended to read:

AB97,12,13 20.923 (4) (e) 4. Industry, labor and job Workforce development, department of: labor and industry review commission: member and chairperson.

AB97, s. 37 Section 37. 20.923 (4) (f) 4. of the statutes is amended to read:

AB97,12,16 20.923 (4) (f) 4. Industry, labor and job Workforce development, department of: secretary.

AB97, s. 38 Section 38. 36.11 (6) (a) 2. of the statutes is amended to read:

AB97,12,20 36.11 (6) (a) 2. Make grants equivalent in value to the payment of incidental fees to disabled residents of the state who are recommended and supervised by the department of industry, labor and job workforce development under s. 47.02.

AB97, s. 39 Section 39. 38.30 (1) (b) of the statutes is amended to read:

AB97,12,25 38.30 (1) (b) District boards may receive payments from the department of industry, labor and job workforce development under s. 47.02 to cover the cost of training for resident and nonresident students who are enrolled in district schools and are veterans ineligible for benefits under par. (a).

AB97, s. 40 Section 40. 38.51 (6) (b) 1. of the statutes is amended to read:

AB97,13,3 38.51 (6) (b) 1. On the job and apprenticeship training program, the department of industry, labor and job workforce development.

AB97, s. 41 Section 41. 40.02 (25) (a) 3. of the statutes is amended to read:

AB97,13,12 40.02 (25) (a) 3. The blind employes of the Wisconsin workshop for the blind authorized under s. 47.03 (1) (b), 1989 stats., or of the nonprofit corporation with which the department of industry, labor and job workforce development contracts under s. 47.03 (1m) (a), 1989 stats., as of the beginning of the calendar month following completion of 1,000 hours of service. Persons employed by an employer who are blind when hired shall not be eligible for life insurance premium waiver because of any disability which is directly or indirectly attributed to blindness and may convert life insurance coverage only once under the contract; or

AB97, s. 42 Section 42. 40.02 (54) (f) of the statutes is amended to read:

AB97,13,15 40.02 (54) (f) The nonprofit corporation with which the department of industry, labor and job workforce development contracts under s. 47.03 (1m) (a), 1989 stats.

AB97, s. 43 Section 43. 40.63 (6) of the statutes is amended to read:

AB97,14,5 40.63 (6) Any person entitled to payments under this section who may otherwise be entitled to payments under s. 66.191, 1981 stats., may file with the department and the department of industry, labor and job workforce development a written election to waive payments due under this section and accept in lieu of the payments under this section payments as may be payable under s. 66.191, 1981 stats., but no person may receive payments under both s. 66.191, 1981 stats., and this section. However any person otherwise entitled to payments under this section may receive the payments, without waiver of any rights under s. 66.191, 1981 stats., during any period as may be required for a determination of the person's rights under s. 66.191, 1981 stats. Upon the final adjudication of the person's rights under s. 66.191, 1981 stats., if waiver is filed under this section, the person shall immediately cease to be entitled to payments under this section and the system shall be reimbursed from the award made under s. 66.191, 1981 stats., for all payments made under this section.

AB97, s. 44 Section 44. 40.65 (2) (a) of the statutes is amended to read:

AB97,14,22 40.65 (2) (a) This paragraph applies to participants who first apply for benefits before May 3, 1988. Any person desiring a benefit under this section must apply to the department of industry, labor and job workforce development, which department shall determine whether the applicant is eligible to receive the benefit and the participant's monthly salary. Appeals from the eligibility decision shall follow the procedures under ss. 102.16 to 102.26. If it is determined that an applicant is eligible, the department of industry, labor and job workforce development shall notify the department of employe trust funds and shall certify the applicant's monthly salary. If at the time of application for benefits an applicant is still employed in any capacity by the employer in whose employ the disabling injury occurred or disease was contracted, that continued employment shall not affect that applicant's right to have his or her eligibility to receive those benefits determined in proceedings before the department of industry, labor and job workforce development or the labor and industry review commission or in proceedings in the courts. The department of industry, labor and job workforce development may promulgate rules needed to administer this paragraph.

AB97, s. 45 Section 45. 40.65 (2) (b) 3. of the statutes is amended to read:

AB97,15,2 40.65 (2) (b) 3. The department shall determine whether or not the applicant is eligible for benefits under this section on the basis of the evidence in subd. 2. An applicant may appeal a determination under this subdivision to the department of industry, labor and job workforce development.

AB97, s. 46 Section 46. 40.65 (2) (b) 4. of the statutes is amended to read:

AB97,15,6 40.65 (2) (b) 4. In hearing an appeal under subd. 3., the department of industry, labor and job workforce development shall follow the procedures under ss. 102.16 to 102.26.

AB97, s. 47 Section 47. 45.35 (6) of the statutes is amended to read:

AB97,15,21 45.35 (6) Coordination duties. The department shall coordinate the activities of all state agencies and the University of Wisconsin Hospitals and Clinics Authority performing functions relating to the medical, hospital, or other remedial care, placement and training, educational, economic or vocational rehabilitation of persons who served in the armed forces of the United States at any time and who were honorably discharged, including such persons with disabilities whether or not service-connected or war-connected. In particular it shall coordinate the activities of the technical college system board, state selective service administration, department of health and family services, department of industry, labor and job workforce development, department of education public instruction, the university of Wisconsin system and other educational institutions, the University of Wisconsin Hospitals and Clinics Authority, and all other departments or agencies performing any of the functions specified, to the end that the benefits provided in this section may be made available to veterans as promptly and effectively as possible.

AB97, s. 48 Section 48. 45.35 (9) of the statutes is amended to read:

AB97,16,4 45.35 (9) Vocational training. The department in cooperation with the department of industry, labor and job workforce development shall make available to disabled veterans the benefits of vocational training and guidance, including veterans who have filed claims for federal rehabilitation benefits and during the pendency of such claims. In cases where such claims are allowed and federal reimbursement is made to the state, such money shall be paid into and become a part of the veterans trust fund.

AB97, s. 49 Section 49. 45.35 (10) of the statutes is amended to read:

AB97,16,9 45.35 (10) Placement of veterans. The department in cooperation with the department of industry, labor and job workforce development and state selective service administration or any other federal, state or local agency shall formulate and carry out plans for the training and placement of veterans.

AB97, s. 50 Section 50. 45.397 (2) (a) of the statutes is amended to read:

AB97,16,14 45.397 (2) (a) The veteran is enrolled or accepted for enrollment in an institution of higher education, as defined in s. 39.32 (1) (a), in the state or is engaged in a structured on-the-job training program certified by the department of industry, labor and job workforce development or the U.S. department of veterans affairs.

AB97, s. 51 Section 51. 45.50 (1) (b) of the statutes is amended to read:

AB97,16,21 45.50 (1) (b) In the event of any dispute arising under par. (a), the matter shall be referred to the department of industry, labor and job workforce development for determination except as the matters pertain to any classified employe of the state, in which case the matter shall be referred to the director of personnel. Orders and determinations of the department of industry, labor and job workforce development under this section may be reviewed in the manner provided in ch. 227.

AB97, s. 52 Section 52. 46.03 (7) (bm) of the statutes is amended to read:

AB97,17,9 46.03 (7) (bm) Maintain a file containing records of artificial inseminations under s. 891.40 and records of declarations of paternal interest under s. 48.025 and of statements acknowledging paternity under s. 69.15 (3) (b). The department shall release these records only upon an order of the court except that the department may use nonidentifying information concerning artificial inseminations for the purpose of compiling statistics and except that records relating to declarations of paternal interest and statements acknowledging paternity shall be released to the department of industry, labor and job workforce development or its designee under s. 59.07 (97) 59.53 (5) without a court order upon the request of the department of industry, labor and job workforce development or its designee under s. 59.53 (5) pursuant to the program responsibilities under s. 49.22 or by any other person with a direct and tangible interest in the record.

AB97, s. 53 Section 53. 46.10 (14) (b) of the statutes is amended to read:

AB97,17,19 46.10 (14) (b) Except as provided in par. (c) and subject to par. (cm), liability of a parent specified in sub. (2) or s. 46.03 (18) for the care and maintenance of the parent's minor child who has been placed by a court order under s. 48.355, 48.357, 938.183 (2), 938.355 or 938.357 in a residential, nonmedical facility such as a group home, foster home, treatment foster home, child caring institution or juvenile correctional institution shall be determined by the court by using the percentage standard established by the department of industry, labor and job workforce development under s. 49.22 (9) and by applying the percentage standard in the manner established by the department under s. 46.247.

AB97, s. 54 Section 54. 46.10 (14) (e) 4. of the statutes is amended to read:

AB97,18,4 46.10 (14) (e) 4. No employer may use an assignment under this paragraph as a basis for the denial of employment to a person, 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 subdivision may be fined not more than $500 and may be required to make full restitution to the aggrieved person, including reinstatement and back pay. Except as provided in this subdivision, 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 job workforce development for enforcement of this subdivision.

AB97, s. 55 Section 55. 46.215 (1) (d) of the statutes is amended to read:

AB97,18,11 46.215 (1) (d) To make investigations that relate to services under subchs. II, IV and V of ch. 49 upon request by the department of health and family services, to make investigations that relate to juvenile delinquency-related services at the request of the department of corrections and to make investigations that relate to programs under subch. III of ch. 49 upon request by the department of industry, labor and job workforce development.

AB97, s. 56 Section 56. 46.215 (1) (j) of the statutes is amended to read:

AB97,18,16 46.215 (1) (j) To make payments in such manner as the department of industry, labor and job workforce development may determine for training of recipients, former recipients and potential recipients of aid in programs established under ss. 49.193 and 49.26 (1).

AB97, s. 57 Section 57. 46.215 (2) (a) 2. of the statutes is amended to read:

AB97,19,2 46.215 (2) (a) 2. In order to ensure the availability of a full range of care and services, the county department of social services may contract, either directly or through the department of industry, labor and job workforce development, with public or voluntary agencies or others to purchase, in full or in part, care and services under subch. III of ch. 49 which the county department of social services is authorized to furnish. This care and these services may be purchased from the department of industry, labor and job workforce development if the department of industry, labor and job workforce development has staff to furnish the services. If the county department of social services has adequate staff, it may sell the care and services directly to another county or state agency.

AB97, s. 58 Section 58. 46.215 (2) (b) of the statutes is amended to read:

AB97,19,10 46.215 (2) (b) A county department of social services may purchase development and training services from the department of health and family services, from the department of industry, labor and job workforce development, from the department of corrections or from other county agencies when the services are available. A county department of social services may sell the development and staff training services to another county or state agency if the county department has adequate staff to provide the services.

AB97, s. 59 Section 59. 46.215 (2) (c) 2. of the statutes is amended to read:

AB97,19,21 46.215 (2) (c) 2. A county department of social services shall develop, under the requirements of s. 49.34, plans and contracts for care and services to be purchased under subch. III of ch. 49. The department of industry, labor and job workforce development may review the contracts and approve them if they are consistent with s. 49.34 and if state or federal funds are available for such purposes. The joint committee on finance may require the department of industry, labor and job workforce development to submit the contracts to the committee for review and approval. The department of industry, labor and job workforce development may not make any payments to a county for programs included in a contract under review by the committee.

AB97, s. 60 Section 60. 46.215 (3) of the statutes is amended to read:

AB97,20,2 46.215 (3) Program budgets. The county department of social services shall submit a final budget to the department of health and family services under s. 46.031 (1), to the department of corrections under s. 301.031 (1) and to the department of industry, labor and job workforce development under s. 49.325 (1), for authorized services.