SB68: Bill Text

SB68, s. 144 Section 144. 71.67 (7) (a) and (b) (intro.) of the statutes are amended to read:

SB68,49,20 71.67 (7) (a) The department of industry, labor and job workforce development may, in accordance with s. 108.135, deduct and withhold from any unemployment compensation payment, on a form prepared by the department of industry, labor and job workforce development, a portion of the payment as Wisconsin income tax. The department of industry, labor and job workforce development shall deposit the amounts withheld, on a monthly basis, as provided in s. 108.135 (6).

SB68,49,24 (b) (intro.) The department of industry, labor and job workforce development shall furnish to each claimant who receives benefits during any year, on or before January 31 of the succeeding year, at least one legible copy of a written statement showing all of the following:

SB68, s. 145 Section 145. 71.67 (7) (c) 2. of the statutes is amended to read:

SB68,50,3 71.67 (7) (c) 2. The department of industry, labor and job workforce development shall furnish the department of revenue with a copy of any statement that is furnished to the claimant under par. (b).

SB68, s. 146 Section 146. 71.93 (1) (a) 2. of the statutes is amended to read:

SB68,50,8 71.93 (1) (a) 2. A delinquent child support or spousal support obligation that has been reduced to a judgment and has been submitted by an agency of another state to the department of industry, labor and job workforce development for certification under this section.

SB68, s. 147 Section 147. 71.93 (1) (a) 4. of the statutes is amended to read:

SB68,50,13 71.93 (1) (a) 4. An amount that the department of industry, labor and job workforce development may recover under s. 49.125 or 49.195 (3), if the department of industry, labor and job workforce development has certified the amount under s. 49.85.

SB68, s. 148 Section 148. 77.265 (4) of the statutes is amended to read:

SB68,50,16 77.265 (4) The department of industry, labor and job workforce development may use the returns under s. 106.04.

SB68, s. 149 Section 149. 84.25 (11) of the statute is amended to read:

SB68,50,22 84.25 (11) Commercial enterprises. No commercial enterprise, except a vending facility which is licensed by the department of industry, labor and job workforce development and operated by blind or visually impaired persons, shall be authorized or conducted within or on property acquired for or designated as a controlled-access highway.

SB68, s. 150 Section 150. 101.055 (8) (ag) of the statutes is amended to read:

SB68,51,3 101.055 (8) (ag) In this subsection, "division of equal rights" means the division of equal rights in the department of industry, labor and job workforce development acting under the authority provided in s. 106.06 (4).

SB68, s. 151 Section 151. 102.01 (2) (ap) of the statutes is amended to read:

SB68,51,6 102.01 (2) (ap) "Department" means the department of industry, labor and job workforce development.

SB68, s. 152 Section 152. 102.01 (2) (em) of the statutes is amended to read:

SB68,51,9 102.01 (2) (em) "Secretary" means the secretary of industry, labor and job workforce development.

SB68, s. 153 Section 153. 102.08 of the statutes is amended to read:

SB68,51,22 102.08 Administration for state employes. The department of administration has responsibility for the timely delivery of benefits payable under this chapter to employes of the state and their dependents and other functions of the state as an employer under this chapter. The department of administration may delegate this authority to employing departments and agencies and require such reports as it deems necessary to accomplish this purpose. The department of administration or its delegated authorities shall file with the department of industry, labor and job workforce development the reports that are required of all employers. The department of industry, labor and job workforce development shall monitor the delivery of benefits to state employes and their dependents and shall consult with and advise the department of administration in the manner and at the times necessary to ensure prompt and proper delivery.

SB68, s. 154 Section 154. 102.42 (8) of the statutes is amended to read:

SB68,52,6 102.42 (8) Award to state employe. Whenever an award is made by the department in behalf of a state employe, the department of industry, labor and job workforce development shall file duplicate copies of the award with the department of administration. Upon receipt of the copies of the award, the department of administration shall promptly issue a voucher in payment of the award from the proper appropriation under s. 20.865 (1) (fm), (kr) or (ur), and shall transmit one copy of the voucher and the award to the officer, department or agency by whom the affected employe is employed.

SB68, s. 155 Section 155. 102.61 (1m) (c) of the statutes is amended to read:

SB68,52,17 102.61 (1m) (c) The employer or insurance carrier shall pay the reasonable cost of any services provided for an employe by a private rehabilitation counselor under par. (a) and, subject to the conditions and limitations specified in sub. (1r) (a) to (c) and by rule, if the private rehabilitation counselor determines that rehabilitative training is necessary, the reasonable cost of the rehabilitative training program recommended by that counselor, including tuition, fees, books and maintenance and travel expenses. Notwithstanding that the department of industry, labor and job workforce development may authorize under s. 102.43 (5) a rehabilitative training program that lasts longer than 80 weeks, a rehabilitative training program that lasts 80 weeks or less is presumed to be reasonable.

SB68, s. 156 Section 156. 102.61 (1m) (f) of the statutes is amended to read:

SB68,52,23 102.61 (1m) (f) The department of industry, labor and job workforce development shall promulgate rules establishing procedures and requirements for the private rehabilitation counseling and rehabilitative training process under this subsection. Those rules shall include rules specifying the procedure and requirements for certification of private rehabilitation counselors.

SB68, s. 157 Section 157. 102.61 (2) of the statutes is amended to read:

SB68,53,8 102.61 (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).

SB68, s. 158 Section 158. 102.64 (1) of the statutes is amended to read:

SB68,53,21 102.64 (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.

SB68, s. 159 Section 159. 102.64 (2) of the statutes is amended to read:

SB68,54,8 102.64 (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.

SB68, s. 160 Section 160. 102.82 (2) (c) of the statutes is amended to read:

SB68,54,13 102.82 (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.

SB68, s. 161 Section 161. 103.001 (3) of the statutes is amended to read:

SB68,54,16 103.001 (3) "Department" means the department of industry, labor and job workforce development.

SB68, s. 162 Section 162. 103.001 (15) of the statutes is amended to read:

SB68,54,19 103.001 (15) "Secretary" means the secretary of industry, labor and job workforce development.

SB68, s. 163 Section 163. 103.005 (20) of the statutes is amended to read:

SB68,55,2 103.005 (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).

SB68, s. 164 Section 164. 103.10 (12) (a) 2. of the statutes is amended to read:

SB68,55,6 103.10 (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.

SB68, s. 165 Section 165. 103.50 (4) of the statutes is amended to read:

SB68,55,19 103.50 (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.

SB68, s. 166 Section 166. 103.50 (5) of the statutes is amended to read:

SB68,55,25 103.50 (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.

SB68, s. 167 Section 167. 103.50 (6) of the statutes is amended to read:

SB68,56,17 103.50 (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.

SB68, s. 168 Section 168. 104.01 (1) of the statutes is amended to read:

SB68,56,20 104.01 (1) "Department" means the department of industry, labor and job workforce development.

SB68, s. 169 Section 169. 106.13 (2) of the statutes is amended to read:

SB68,56,25 106.13 (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).

SB68, s. 170 Section 170. 108.02 (10) of the statutes is amended to read:

SB68,57,3 108.02 (10) Department. "Department" means the department of industry, labor and job workforce development.

SB68, s. 171 Section 171. 108.105 of the statutes is amended to read:

SB68,57,14 108.105 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.

SB68, s. 172 Section 172. 108.13 (4) (b) of the statutes is amended to read:

SB68,57,22 108.13 (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.

SB68, s. 173 Section 173. 108.141 (6) (a) of the statutes is amended to read:

SB68,58,2 108.141 (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.

SB68, s. 174 Section 174. 108.142 (5) of the statutes is amended to read:

SB68,58,8 108.142 (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.

SB68, s. 175 Section 175. 109.01 (1) of the statutes is amended to read:

SB68,58,11 109.01 (1) "Department" means the department of industry, labor and job workforce development.

SB68, s. 176 Section 176. 111.32 (4) of the statutes is amended to read:

SB68,58,14 111.32 (4) "Department" means the department of industry, labor and job workforce development.

SB68, s. 177 Section 177. 115.347 of the statutes is amended to read:

SB68,58,21 115.347 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.

SB68,59,6 (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).

SB68,59,9 (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).

SB68, s. 178 Section 178. 118.125 (2) (i) of the statutes is amended to read:

SB68,59,17 118.125 (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.

SB68, s. 179 Section 179. 118.16 (2) (d) of the statutes is amended to read:

SB68,59,24 118.16 (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.

SB68, s. 180 Section 180. 118.163 (2) (e) of the statutes is amended to read:

SB68,60,3 118.163 (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.

SB68, s. 181 Section 181. 167.10 (6m) (f) of the statutes is amended to read:

SB68,60,8 167.10 (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).

SB68, s. 182 Section 182. 175.45 (9) of the statutes is amended to read:

SB68,60,13 175.45 (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.

SB68, s. 183 Section 183. 215.04 (1) (f) of the statutes is amended to read:

SB68,60,18 215.04 (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);

SB68, s. 184 Section 184. 227.03 (3m) (a) of the statutes is amended to read:

SB68,60,22 227.03 (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).

SB68, s. 185 Section 185. 227.43 (1) (by) of the statutes is amended to read:

SB68,61,2 227.43 (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.

SB68, s. 186 Section 186. 227.43 (2) (d) of the statutes is amended to read:

SB68,61,8 227.43 (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.