AB97: Bill Text

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.

AB97, s. 61 Section 61. 46.22 (1) (b) 2. (intro.), c. and e. of the statutes are amended to read:

AB97,20,7 46.22 (1) (b) 2. (intro.) A county department of social services shall have the following functions, duties and powers in accordance with the rules promulgated by the department of industry, labor and job workforce development and subject to the supervision of the department of industry, labor and job workforce development:

AB97,20,9 c. To make investigations as provided under subch. III of ch. 49 upon request by the department of industry, labor and job workforce development.

AB97,20,13 e. 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. 62 Section 62. 46.22 (1) (b) 3. (intro.) and d. of the statutes are amended to read:

AB97,20,19 46.22 (1) (b) 3. (intro.) A county department of social services shall have the following functions, duties and powers in accordance with the rules promulgated and standards established by the department of health and family services and subject to the supervision of the department of industry, labor and job workforce development:

AB97,20,22 d. To submit a final budget to the department of industry, labor and job workforce development in accordance with s. 49.325 for services authorized in this subdivision.

AB97, s. 63 Section 63. 46.22 (1) (d) of the statutes is amended to read:

AB97,21,5 46.22 (1) (d) Merit system; records. The county department of social services is subject to s. 49.33 (4) to (7). The county department of social services and all county officers and employes performing any duties in connection with the administration of aid to families with dependent children shall observe all rules promulgated by the department of industry, labor and job workforce development under s. 49.33 (4) and shall keep records and furnish reports as the department of industry, labor and job workforce development requires in relation to their performance of such duties.

AB97, s. 64 Section 64. 46.22 (1) (e) 1. of the statutes is amended to read:

AB97,21,19 46.22 (1) (e) 1. In order to ensure the availability of a full range of care and services, a county department of social services may contract, either directly or through the department of health and family services, the department of industry, labor and job workforce development or the department of corrections, with public or voluntary agencies or others to purchase, in full or in part, care and services which the county department of social services is authorized by any statute to furnish in any manner. The services may be purchased from the department of health and family services, the department of industry, labor and job workforce development or the department of corrections if the department of health and family services, the department of industry, labor and job workforce development or the department of corrections has staff to furnish the services. The county department of social services, if it has adequate staff, may sell the care and services directly to another county or state agency.

AB97, s. 65 Section 65. 46.22 (1) (e) 2. of the statutes is amended to read:

AB97,22,2 46.22 (1) (e) 2. A county department of social services may purchase development and training services from the department of health and family services, the department of industry, labor and job workforce development or the department of corrections or from other county agencies if the services are available or sell the development and staff training services to another county or state agency if the county department of social services has adequate staff to provide the services.

AB97, s. 66 Section 66. 46.22 (1) (e) 3. b. of the statutes is amended to read:

AB97,22,13 46.22 (1) (e) 3. b. A county department of social services shall develop, under the requirements of s. 49.34, plans and contracts for care and services under subch. III of ch. 49 to be purchased. 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 to the extent that 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 the contract that is under review by the committee.

AB97, s. 67 Section 67. 46.22 (2g) (d) of the statutes is amended to read:

AB97,22,23 46.22 (2g) (d) Prepare, with the assistance of the county social services director under sub. (3m) (b) 5., a proposed budget for submission to the county executive or county administrator, a final budget for submission to the department of health and family services in accordance with s. 46.031 (1) for authorized services, except services under subch. III of ch. 49 or s. 301.08 (2), a final budget for submission to the department of industry, labor and job workforce development in accordance with s. 49.325 for authorized services under subch. III of ch. 49 and a final budget for submission to the department of corrections in accordance with s. 301.031 (1) for authorized juvenile delinquency-related services.

AB97, s. 68 Section 68. 46.22 (3m) (b) 12. of the statutes is amended to read:

AB97,23,3 46.22 (3m) (b) 12. Establish priorities in addition to those mandated by the department of health and family services, by the department of industry, labor and job workforce development or by the department of corrections.

AB97, s. 69 Section 69. 46.22 (3m) (b) 17. b. of the statutes is amended to read:

AB97,23,7 46.22 (3m) (b) 17. b. Such other reports as are required by the secretary of health and family services, the secretary of industry, labor and job workforce development, the secretary of corrections and the county board of supervisors.

AB97, s. 70 Section 70. 46.23 (3) (a) of the statutes is amended to read:

AB97,23,18 46.23 (3) (a) Creation. Upon approval by the secretary of health and family services, by the secretary of corrections and by the secretary of industry, labor and job workforce development of a feasibility study and a program implementation plan, the county board of supervisors of any county with a population of less than 500,000, or the county boards of supervisors of 2 or more contiguous counties, each of which has a population of less than 500,000, may establish by resolution a county department of human services on a single-county or multicounty basis to provide the services required under this section. The county department of human services shall consist of the county human services board, the county human services director and necessary personnel.

AB97, s. 71 Section 71. 46.23 (3) (am) 4. of the statutes is amended to read:

AB97,23,24 46.23 (3) (am) 4. No funds may be allocated to any multicounty department of human services until the counties have drawn up a detailed contractual agreement, approved by the secretary of health and family services, by the secretary of corrections and by the secretary of industry, labor and job workforce development, setting forth the plan for joint sponsorship.

AB97, s. 72 Section 72. 46.23 (5) (a) 2. of the statutes is amended to read:

AB97,24,6 46.23 (5) (a) 2. Shall determine administrative and program policies under subch. III of ch. 49 within limits established by the department of industry, labor and job workforce development. Policy decisions under subch. III of ch. 49 not reserved by statute for the department of industry, labor and job workforce development may be delegated by the secretary of industry, labor and job workforce development to the county human services board.

AB97, s. 73 Section 73. 46.23 (5) (b) of the statutes is amended to read:

AB97,24,10 46.23 (5) (b) Shall establish priorities in addition to those mandated by the department of health and family services, the department of corrections or the department of industry, labor and job workforce development.

AB97, s. 74 Section 74. 46.23 (5m) (c) of the statutes is amended to read:

AB97,24,20 46.23 (5m) (c) Prepare, with the assistance of the county human services director under sub. (6m) (e), a proposed budget for submission to the county executive or county administrator, a final budget for submission to the department of health and family services in accordance with s. 46.031 (1) for authorized services, except services under subch. III of ch. 49 and juvenile delinquency-related services, a final budget for submission to the department of industry, labor and job workforce development in accordance with s. 49.325 for authorized services under subch. III of ch. 49 and a final budget for submission to the department of corrections in accordance with s. 301.031 for authorized juvenile delinquency-related services.

AB97, s. 75 Section 75. 46.23 (6) (a) (intro.) of the statutes is amended to read:

AB97,25,7 46.23 (6) (a) (intro.) A county human services director appointed under sub. (5) (f) shall have all of the administrative and executive powers and duties of managing, operating, maintaining and improving the programs of the county department of human services, subject to the rules promulgated by the department of health and family services for programs, except services or programs under subch. III of ch. 49 and juvenile delinquency-related services or programs, subject to the rules promulgated by the department of industry, labor and job workforce development for services or programs under subch. III of ch. 49 and subject to the rules promulgated by the department of corrections for juvenile delinquency-related services or programs. In consultation with the county human services board under sub. (5) and subject to its approval, the county human services director shall prepare:

AB97, s. 76 Section 76. 46.23 (6) (a) 3. of the statutes is amended to read:

AB97,25,13 46.23 (6) (a) 3. Such other reports as are required by the secretary of health and family services, by the secretary of corrections or by the secretary of industry, labor and job workforce development and the county board of supervisors in a county with a single-county department of human services or the county boards of supervisors in counties with a multicounty department of human services.

AB97, s. 77 Section 77. 46.247 of the statutes is amended to read:

AB97,25,23 46.247 Application of child support standard for certain children. For purposes of determining child support under s. 46.10 (14) (b), the department shall promulgate rules related to the application of the standard established by the department of industry, labor and job workforce development under s. 49.22 (9) to a child support obligation for the care and maintenance of a child who is placed by a court order under s. 48.355, 48.357, 938.183 (2), 938.355 or 938.357 in a residential, nonmedical facility. The rules shall take into account the needs of any person, including dependent children other than the child, whom either parent is legally obligated to support.

AB97, s. 78 Section 78. 46.29 (3) (c) of the statutes is amended to read:

AB97,25,25 46.29 (3) (c) The secretary of industry, labor and job workforce development.

AB97, s. 79 Section 79. 46.495 (1) (d) of the statutes is amended to read:

AB97,26,20 46.495 (1) (d) From the appropriations under s. 20.435 (7) (b) and (o), the department of health and family services shall distribute the funding for social services, including funding for foster care or treatment foster care of a child on whose behalf aid is received under s. 46.261, to county departments under ss. 46.215, 46.22 and 46.23 as provided under s. 46.40. From the appropriations under s. 20.445 (3) (cp), (jg) and (md), the department of industry, labor and job workforce development shall distribute funding for at-risk and low-income child care under s. 49.132 (2) (a). County matching funds are required for the distributions under ss. 46.40 (2) and (8) and 49.132 (2) (a). Each county's required match for a year equals 9.89% of the total of the county's distributions for that year for which matching funds are required plus the amount the county was required by s. 46.26 (2) (c), 1985 stats., to spend for juvenile delinquency-related services from its distribution for 1987. Matching funds may be from county tax levies, federal and state revenue sharing funds or private donations to the county that meet the requirements specified in s. 51.423 (5). Private donations may not exceed 25% of the total county match. If the county match is less than the amount required to generate the full amount of state and federal funds distributed for this period, the decrease in the amount of state and federal funds equals the difference between the required and the actual amount of county matching funds.

AB97, s. 80 Section 80. 46.495 (1) (d) of the statutes, as affected by 1995 Wisconsin Act 404 and 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

AB97,27,12 46.495 (1) (d) From the appropriations under s. 20.435 (7) (b) and (o), the department shall distribute the funding for social services, including funding for foster care or treatment foster care of a child on whose behalf aid is received under s. 46.261, to county departments under ss. 46.215, 46.22 and 46.23 as provided under s. 46.40. County matching funds are required for the distributions under s. 46.40 (2) and (8). Each county's required match for a year equals 9.89% of the total of the county's distributions for that year for which matching funds are required plus the amount the county was required by s. 46.26 (2) (c), 1985 stats., to spend for juvenile delinquency-related services from its distribution for 1987. Matching funds may be from county tax levies, federal and state revenue sharing funds or private donations to the county that meet the requirements specified in s. 51.423 (5). Private donations may not exceed 25% of the total county match. If the county match is less than the amount required to generate the full amount of state and federal funds distributed for this period, the decrease in the amount of state and federal funds equals the difference between the required and the actual amount of county matching funds.

AB97, s. 81 Section 81. 46.495 (1) (dc) of the statutes is amended to read:

AB97,27,19 46.495 (1) (dc) The department of health and family services shall prorate the amount allocated by that department to any county department under s. 46.215 or 46.22 under par. (d) to reflect actual federal funds available. The department of industry, labor and job workforce development shall prorate the amount allocated by that department to any county department under s. 46.215 or 46.22 under par. (d) to reflect actual federal funds available.

AB97, s. 82 Section 82. 46.495 (1) (dc) of the statutes, as affected by 1995 Wisconsin Act 404 and 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

AB97,27,24 46.495 (1) (dc) The department shall prorate the amount allocated to any county department under s. 46.215 or 46.22 under par. (d) to reflect actual federal funds available.

AB97, s. 83 Section 83. 46.495 (1) (f) 1. of the statutes is amended to read: