AB97: Bill Text

AB97, s. 157 Section 157. 102.61 (2) of the statutes is amended to read:

AB97,53,8 102.61 (2) The department of industry, labor and job workforce development, the commission and the courts shall determine the rights and liabilities of the parties under this section in like manner and with like effect as that department, the commission and the courts do other issues under compensation. A determination under this subsection may include a determination based on the evidence regarding the cost or scope of the services provided by a private rehabilitation counselor under sub. (1m) (a) or the cost or reasonableness of a rehabilitative training program developed under sub. (1m) (a).

AB97, s. 158 Section 158. 102.64 (1) of the statutes is amended to read:

AB97,53,21 102.64 (1) Upon request of the department of administration, a representative of the department of justice shall represent the state in cases involving payment into or out of the state treasury under s. 20.865 (1) (fm), (kr) or (ur) or 102.29. The department of justice, after giving notice to the department of administration, may compromise the amount of such payments but such compromises shall be subject to review by the department of industry, labor and job workforce development. If the spouse of the deceased employe compromises his or her claim for a primary death benefit, the claim of the children of such employe under s. 102.49 shall be compromised on the same proportional basis, subject to approval by the department. If the persons entitled to compensation on the basis of total dependency under s. 102.51 (1) compromise their claim, payments under s. 102.49 (5) (a) shall be compromised on the same proportional basis.

AB97, s. 159 Section 159. 102.64 (2) of the statutes is amended to read:

AB97,54,8 102.64 (2) Upon request of the department of administration, the attorney general shall appear on behalf of the state in proceedings upon claims for compensation against the state. The department of justice shall represent the interests of the state in proceedings under s. 102.49, 102.59 or 102.66. The department of justice may compromise claims in such proceedings, but the compromises are subject to review by the department of industry, labor and job workforce development. Costs incurred by the department of justice in prosecuting or defending any claim for payment into or out of the work injury supplemental benefit fund under s. 102.65, including expert witness and witness fees but not including attorney fees or attorney travel expenses for services performed under this subsection, shall be paid from the work injury supplemental benefit fund.

AB97, s. 160 Section 160. 102.82 (2) (c) of the statutes is amended to read:

AB97,54,13 102.82 (2) (c) The department of justice or, if the department of justice consents, the department of industry, labor and job workforce development may bring an action in circuit court to recover payments and interest owed to the department of industry, labor and job workforce development under this section.

AB97, s. 161 Section 161. 103.001 (3) of the statutes is amended to read:

AB97,54,16 103.001 (3) "Department" means the department of industry, labor and job workforce development.

AB97, s. 162 Section 162. 103.001 (15) of the statutes is amended to read:

AB97,54,19 103.001 (15) "Secretary" means the secretary of industry, labor and job workforce development.

AB97, s. 163 Section 163. 103.005 (20) of the statutes is amended to read:

AB97,55,2 103.005 (20) The department of industry, labor and job development shall establish a procedure for that the department to provide to the state public defender and the department of administration any information that the department of industry, labor and job development may have concerning an individual's wages to assist the state public defender and the department of administration in collecting payment ordered under s. 48.275 (2), 757.66, 973.06 (1) (e) or 977.076 (1).

AB97, s. 164 Section 164. 103.10 (12) (a) 2. of the statutes is amended to read:

AB97,55,6 103.10 (12) (a) 2. The department of industry, labor and job workforce development, if the employe is employed by an employer other than one described in subd. 1.

AB97, s. 165 Section 165. 103.50 (4) of the statutes is amended to read:

AB97,55,19 103.50 (4) Certification of prevailing wage rates and hours of labor. The department of industry, labor and job workforce development shall, by May 1 of each calendar year, certify to the department of transportation the prevailing wage rates and the prevailing hours of labor in each area for all trades or occupations commonly employed in the highway construction industry. The certification shall, in addition to the current prevailing wage rates and prevailing hours of labor, include future prevailing wage rates and prevailing hours of labor when such prevailing wage rates and prevailing hours of labor can be determined for any such trade or occupation in any area and shall specify the effective date of those future prevailing wage rates and prevailing hours of labor. If a construction project extends into more than one area there shall be but one standard of prevailing wage rates and prevailing hours of labor for the entire project.

AB97, s. 166 Section 166. 103.50 (5) of the statutes is amended to read:

AB97,55,25 103.50 (5) Appeals to governor. If the department of transportation considers any determination of the department of industry, labor and job workforce development as to the prevailing wage rates and the prevailing hours of labor in an area to have been incorrect, it may appeal to the governor, whose determination shall be final.

AB97, s. 167 Section 167. 103.50 (6) of the statutes is amended to read:

AB97,56,17 103.50 (6) Contents of contracts. A reference to the prevailing wage rates and the prevailing hours of labor determined under sub. (3) shall be published in the notice issued for the purpose of securing bids for a project. If any contract or subcontract for a project that is subject to this section is entered into, the prevailing wage rates and prevailing hours of labor determined under sub. (3) shall be physically incorporated into and made a part of the contract or subcontract, except that for a minor subcontract, as determined by the department of industry, labor and job workforce development, that department shall prescribe by rule the method of notifying the minor subcontractor of the prevailing wage rates and prevailing hours of labor applicable to the minor subcontract. The prevailing wage rates and prevailing hours of labor applicable to a contract or subcontract may not be changed during the time that the contract or subcontract is in force. For the information of the employes working on the project, the prevailing wage rates and prevailing hours of labor determined by the department and the provisions of subs. (2) and (7) shall be kept posted by the department of transportation in at least one conspicuous and easily accessible place on the site of the project.

AB97, s. 168 Section 168. 104.01 (1) of the statutes is amended to read:

AB97,56,20 104.01 (1) "Department" means the department of industry, labor and job workforce development.

AB97, s. 169 Section 169. 106.13 (2) of the statutes is amended to read:

AB97,56,25 106.13 (2) The governor's council on workforce excellence, the technical college system board and the department of education public instruction shall assist the department of industry, labor and job workforce development in providing the youth apprenticeship program and school-to-work program under sub. (1).

AB97, s. 170 Section 170. 108.02 (10) of the statutes is amended to read:

AB97,57,3 108.02 (10) Department. "Department" means the department of industry, labor and job workforce development.

AB97, s. 171 Section 171. 108.105 of the statutes is amended to read:

AB97,57,14 108.105 Suspension of agents. The department may suspend the privilege of any agent to appear before the department at hearings under this chapter for a specified period if the department finds that the agent has engaged in an act of fraud or misrepresentation or repeatedly failed to comply with departmental rules, or has engaged in the solicitation of a claimant solely for the purpose of appearing at a hearing as the claimant's representative for pay. Prior to imposing a suspension under this section, the secretary of industry, labor and job workforce development or the secretary's designee shall conduct a hearing concerning the proposed suspension. The hearing shall be conducted under ch. 227 and the decision of the department may be appealed under s. 227.52.

AB97, s. 172 Section 172. 108.13 (4) (b) of the statutes is amended to read:

AB97,57,22 108.13 (4) (b) A claimant filing a new claim for unemployment compensation shall, at the time of filing the claim, disclose whether or not he or she owes child support obligations. If any such claimant discloses that he or she owes child support obligations and is determined to be eligible for unemployment compensation, the department of industry, labor and job workforce development shall notify the local child support enforcement agency enforcing the obligations that the claimant has been determined to be eligible for unemployment compensation.

AB97, s. 173 Section 173. 108.141 (6) (a) of the statutes is amended to read:

AB97,58,2 108.141 (6) (a) Whenever an extended benefit period is to become effective as a result of a Wisconsin "on" indicator, or an extended benefit period is to be terminated as a result of a Wisconsin "off" indicator, the secretary of industry, labor and job workforce development shall publish it as a class 1 notice under ch. 985.

AB97, s. 174 Section 174. 108.142 (5) of the statutes is amended to read:

AB97,58,8 108.142 (5) Publish indicators. Whenever a Wisconsin supplemental benefit period is to become effective as a result of a Wisconsin "on" indicator under this section, or a Wisconsin supplemental benefit period is to be terminated as a result of a Wisconsin "off" indicator under this section, the secretary of industry, labor and job workforce development shall publish it as a class 1 notice under ch. 985.

AB97, s. 175 Section 175. 109.01 (1) of the statutes is amended to read:

AB97,58,11 109.01 (1) "Department" means the department of industry, labor and job workforce development.

AB97, s. 176 Section 176. 111.32 (4) of the statutes is amended to read:

AB97,58,14 111.32 (4) "Department" means the department of industry, labor and job workforce development.

AB97, s. 177 Section 177. 115.347 of the statutes is amended to read:

AB97,58,21 115.347 Direct certification of eligibility for school nutrition programs. (1) Beginning in the 1994-95 school year, a school board may submit enrollment data to the department of industry, labor and job workforce development for the purpose of directly certifying children as eligible for free or reduced-price meals under the federal school nutrition programs. The department of industry, labor and job workforce development shall prescribe a format for the report.

AB97,59,6 (2) Whenever a school district that is located in whole or in part in a county that has converted to the client assistance for reemployment and economic support data system submits a report under sub. (1) in the prescribed format, the department of industry, labor and job workforce development shall determine which children enrolled in the school district are members of Wisconsin works groups participating under s. 49.147 (3) to (5) or of families receiving aid to families with dependent children or food stamps and shall provide the information to the school board as soon thereafter as possible. The school board shall use the information to directly certify children as eligible for free or reduced-price meals served by the school district under federal school nutrition programs, pursuant to 42 USC 1758 (b) (2) (C) (ii) and (iii).

AB97,59,9 (3) The department shall assist school boards in developing a method for submitting enrollment data to the department of industry, labor and job workforce development under sub. (1).

AB97, s. 178 Section 178. 118.125 (2) (i) of the statutes is amended to read:

AB97,59,17 118.125 (2) (i) Upon request, the school district clerk or his or her designee shall provide the names of pupils who have withdrawn from the public school prior to graduation under s. 118.15 (1) (c) to the technical college district board in which the public school is located or, for verification of eligibility for public assistance under ch. 49, to the department of health and family services, the department of industry, labor and job workforce development or a county department under s. 46.215, 46.22 or 46.23.

AB97, s. 179 Section 179. 118.16 (2) (d) of the statutes is amended to read:

AB97,59,24 118.16 (2) (d) May visit any place of employment in the school district to ascertain whether any minors are employed there contrary to law. The officer shall require that school certificates and lists of minors who are employed there be produced for inspection, and shall report all cases of illegal employment to the proper school authorities and to the department of industry, labor and job workforce development.

AB97, s. 180 Section 180. 118.163 (2) (e) of the statutes is amended to read:

AB97,60,3 118.163 (2) (e) An order for the department of industry, labor and human relations workforce development to revoke, under s. 103.72, a permit under s. 103.70 authorizing the employment of the person.

AB97, s. 181 Section 181. 167.10 (6m) (f) of the statutes is amended to read:

AB97,60,8 167.10 (6m) (f) The department of industry, labor and job development commerce may inspect at reasonable times the premises on which each person licensed under this subsection manufactures fireworks or devices listed under sub. (1) (e), (f) or (i) to (n).

AB97, s. 182 Section 182. 175.45 (9) of the statutes is amended to read:

AB97,60,13 175.45 (9) Cooperation. The departments of corrections, health and family services and industry, labor and job workforce development shall cooperate with the department of justice in obtaining information under this section. This subsection does not apply after May 31, 1997.

AB97, s. 183 Section 183. 215.04 (1) (f) of the statutes is amended to read:

AB97,60,18 215.04 (1) (f) Conduct hearings and take testimony, and to subpoena and swear witnesses at such hearings. The review board shall have the same subpoena powers as are possessed by the department of industry, labor and job workforce development and also the powers granted by s. 885.01 (4);

AB97, s. 184 Section 184. 227.03 (3m) (a) of the statutes is amended to read:

AB97,60,22 227.03 (3m) (a) This chapter does not apply to proceedings before the department of industry, labor and job workforce development relating to housing discrimination under s. 106.04 (1) to (8), except as provided in s. 106.04 (6).

AB97, s. 185 Section 185. 227.43 (1) (by) of the statutes is amended to read:

AB97,61,2 227.43 (1) (by) Assign a hearing examiner to preside over any hearing of a contested case that is required to be conducted by the department of industry, labor and job workforce development under subch. III of ch. 49 and that is not conducted by the secretary of industry, labor and job workforce development.

AB97, s. 186 Section 186. 227.43 (2) (d) of the statutes is amended to read:

AB97,61,8 227.43 (2) (d) The department of industry, labor and job workforce development shall notify the division of hearings and appeals of every pending hearing to which the administrator of the division is required to assign a hearing examiner under sub. (1) (by) after the department of industry, labor and job workforce development is notified that a hearing on the matter is required.

AB97, s. 187 Section 187. 227.43 (3) (d) of the statutes is amended to read:

AB97,61,14 227.43 (3) (d) The administrator of the division of hearings and appeals may set the fees to be charged for any services rendered to the department of industry, labor and job workforce development by a hearing examiner under this section in a manner consistent with a federally approved allocation methodology. The fees shall cover the total cost of the services.

AB97, s. 188 Section 188. 227.43 (4) (d) of the statutes is amended to read:

AB97,61,18 227.43 (4) (d) The department of industry, labor and job workforce development shall pay all costs of the services of a hearing examiner, including support services, assigned under sub. (1) (by), according to the fees set under sub. (3) (d).

AB97, s. 189 Section 189. 227.52 of the statutes is amended to read:

AB97,62,4 227.52 Judicial review; decisions reviewable. Administrative decisions which adversely affect the substantial interests of any person, whether by action or inaction, whether affirmative or negative in form, are subject to review as provided in this chapter, except for the decisions of the department of revenue other than decisions relating to alcohol beverage permits issued under ch. 125, decisions of the department of employe trust funds, the division of banking, the office of credit unions, the division of savings and loan, the board of state canvassers and those decisions of the department of industry, labor and job workforce development which are subject to review, prior to any judicial review, by the labor and industry review commission, and except as otherwise provided by law.

AB97, s. 190 Section 190. 227.59 of the statutes is amended to read:

AB97,62,22 227.59 Certification of certain cases from the circuit court of Dane county to other circuits. Any action or proceeding for the review of any order of an administrative officer, commission, department or other administrative tribunal of the state required by law to be instituted in or taken to the circuit court of Dane county except an action or appeal for the review of any order of the department of industry, labor and job workforce development or the department of commerce or findings and orders of the labor and industry review commission which is instituted or taken and is not called for trial or hearing within 6 months after the proceeding or action is instituted, and the trial or hearing of which is not continued by stipulation of the parties or by order of the court for cause shown, shall on the application of either party on 5 days' written notice to the other be certified and transmitted for trial to the circuit court of the county of the residence or principal place of business of the plaintiff or petitioner, where the action or proceeding shall be given preference. Unless written objection is filed within the 5-day period, the order certifying and transmitting the proceeding shall be entered without hearing. The plaintiff or petitioner shall pay to the clerk of the circuit court of Dane county a fee of $2 for transmitting the record.

AB97, s. 191 Section 191. 230.08 (2) (e) 6. of the statutes is amended to read:

AB97,62,24 230.08 (2) (e) 6. Industry, labor and job Workforce development — 8.

AB97, s. 192 Section 192. 230.147 (1) of the statutes is amended to read:

AB97,63,10 230.147 (1) Each appointing authority of an agency with more than 100 authorized permanent full-time equivalent positions shall prepare and implement a plan of action to employ persons who, at the time determined under sub. (4), receive aid under s. 49.19, or benefits under s. 49.147 (3) to (5), with the goal of making the ratio of those persons occupying permanent positions in the agency to the total number of persons occupying permanent positions in the agency equal to the ratio of the average case load receiving aid under s. 49.19, or benefits under s. 49.147 (3) to (5), in this state in the previous fiscal year to the average number of persons in the state civilian labor force in the preceding fiscal year, as determined by the department of industry, labor and job workforce development.

AB97, s. 193 Section 193. 230.147 (2) of the statutes is amended to read:

AB97,63,21 230.147 (2) Each appointing authority of an agency with 100 or fewer authorized permanent full-time equivalent positions is encouraged to employ persons who, at the time determined under sub. (4), receive aid under s. 49.19, or benefits under s. 49.147 (3) to (5), to attempt to make the ratio of those persons occupying permanent positions in the agency to the total number of persons occupying permanent positions in the agency equal to the ratio of the average case load receiving aid under s. 49.19, or benefits under s. 49.147 (3) to (5), in this state in the previous fiscal year to the average number of persons in the state civilian labor force in the preceding fiscal year, as determined by the department of industry, labor and job workforce development.

AB97, s. 194 Section 194. 234.49 (1) (c) of the statutes is amended to read:

AB97,64,2 234.49 (1) (c) "Eligible beneficiary" means a person for whom the authority has not received a certification from the department of industry, labor and job workforce development under s. 49.855 (7) or a family who or which falls within the income limits specified in par. (f).

AB97, s. 195 Section 195. 236.335 of the statutes is amended to read:

AB97,64,11 236.335 Prohibited subdividing; forfeit. No lot or parcel in a recorded plat may be divided, or used if so divided, for purposes of sale or building development if the resulting lots or parcels do not conform to this chapter, to any applicable ordinance of the approving authority or to the rules of the department of industry, labor and job workforce development under s. 236.13. Any person making or causing such a division to be made shall forfeit not less than $100 nor more than $500 to the approving authority, or to the state if there is a violation of this chapter or the rules of the department of industry, labor and job workforce development.

AB97, s. 196 Section 196. 301.45 (9) of the statutes, as created by 1995 Wisconsin Act 440, is amended to read:

AB97,64,17 301.45 (9) Cooperation. The department of health and family services, the department of industry, labor and job workforce development, the department of transportation and all circuit courts shall cooperate with the department of corrections in obtaining information under this section.

AB97, s. 197 Section 197. 303.07 (7) of the statutes is amended to read:

AB97,65,3 303.07 (7) If any inmate of a reforestation camp, in the performance of work in connection with the maintenance of the camp, is injured so as to be permanently incapacitated, or to have materially reduced earning power, the inmate may upon discharge be allowed and paid such compensation as the department of industry, labor and job workforce development finds the inmate entitled to. The inmate shall be compensated on the same basis as if the injury had been covered by ch. 102, except that the total paid to any such inmate shall not exceed $1,000 and may be paid in instalments. If the inmate is from an adjoining county such county shall pay such compensation. In case of dispute the procedure for hearing, award and appeal shall be as set forth in ss. 102.16 to 102.26.

AB97, s. 198 Section 198. 303.21 (1) (a) of the statutes is amended to read:

AB97,65,16 303.21 (1) (a) If an inmate of a state institution, in the performance of assigned work is injured so as to be permanently incapacitated or to have materially reduced earning power, the inmate may, upon being released from such institution, either upon parole or upon final discharge, be allowed and paid such compensation as the department of industry, labor and job workforce development finds the inmate entitled to. The inmate shall be compensated on the same basis as if the injury had been covered by ch. 102, except that the total paid to any inmate may not exceed $10,000 and may be paid in instalments. If the injury results from employment in a prison industry, the payment shall be made from the revolving appropriation for its operation. If there is no revolving appropriation, payment shall be made from the general fund. In case of dispute, the procedure for hearing, award and appeal shall be as set forth in ss. 102.16 to 102.26.

AB97, s. 199 Section 199. 443.06 (2) (e) of the statutes is amended to read:

AB97,65,25 443.06 (2) (e) A record of satisfactory completion of an apprenticeship training course in land surveying prescribed by the department of industry, labor and job workforce development, of satisfactory character which indicates that the applicant is competent to be placed in responsible charge of such work, if the applicant has passed an oral and written or written examination administered by the land surveyor section. This paragraph applies to actions of the land surveyor section on applications for land surveyors' certificates that are submitted to the land surveyor section before July 1, 2000.

AB97, s. 200 Section 200. 443.06 (2) (em) of the statutes is amended to read: