SB68: Bill Text

SB68, s. 201 Section 201. 445.095 (3) of the statutes is amended to read:

SB68,66,14 445.095 (3) All apprentices shall be governed by ch. 106 and apprenticeship rules of the department of industry, labor and job workforce development.

SB68, s. 202 Section 202. 454.10 (1) of the statutes is amended to read:

SB68,66,18 454.10 (1) All apprentices shall be indentured and shall be governed by s. 106.01, the apprenticeship rules of the department of industry, labor and job workforce development and the rules of the examining board.

SB68, s. 203 Section 203. 560.15 (1) (intro.) of the statutes is amended to read:

SB68,66,23 560.15 (1) (intro.) The department, with the advice and assistance of the community response committees created under sub. (3), and in cooperation with the department of industry, labor and job workforce development, shall perform the responsibilities under sub. (2) if the following conditions are met:

SB68, s. 204 Section 204. 560.15 (1) (b) 1. of the statutes is amended to read:

SB68,67,2 560.15 (1) (b) 1. The department of industry, labor and job workforce development under s. 109.07 (1m).

SB68, s. 205 Section 205. 560.15 (3) (c) 6. of the statutes is amended to read:

SB68,67,5 560.15 (3) (c) 6. A district office of the department of industry, labor and job workforce development.

SB68, s. 206 Section 206. 560.73 (1) (i) 1. of the statutes is amended to read:

SB68,67,11 560.73 (1) (i) 1. Whether a grant diversion project has been established in the county in which the area is located and, if a grant diversion project has not been established, how the local governing body intends to work with the county and the department of industry, labor and job workforce development to establish a grant diversion project.

SB68, s. 207 Section 207. 560.73 (1) (i) 2. of the statutes is amended to read:

SB68,67,16 560.73 (1) (i) 2. How the local governing body will work with the county and department of industry, labor and job workforce development to promote and encourage participation in the grant diversion project by employers in the development zone.

SB68, s. 208 Section 208. 560.75 (11) of the statutes is amended to read:

SB68,67,20 560.75 (11) For the purposes of s. 49.193 (5), notify the department of industry, labor and job workforce development when a development zone has been established and of which local governing body helps administer the development zone.

SB68, s. 209 Section 209. 560.795 (3) (e) of the statutes is amended to read:

SB68,67,24 560.795 (3) (e) For purposes of s. 49.193 (5), notify the department of industry, labor and job workforce development of the designation of an area as a development opportunity zone and of the local governing body of the area.

SB68, s. 210 Section 210. 560.797 (4) (e) of the statutes is amended to read:

SB68,68,5 560.797 (4) (e) For purposes of s. 49.193 (5), the department shall notify the department of industry, labor and job workforce development of the designation of an area as an enterprise development zone and of the governing body of any city, village, town or federally recognized American Indian tribe or band in which the area is located.

SB68, s. 211 Section 211. 565.30 (5) of the statutes is amended to read:

SB68,69,4 565.30 (5) Withholding of delinquent state taxes, child support or debts owed the state. The administrator shall report the name, address and social security number of each winner of a lottery prize equal to or greater than $1,000 to the department of revenue to determine whether the payee of the prize is delinquent in the payment of state taxes under ch. 71, 72, 76, 77, 78 or 139 or in court-ordered payment of child support or has a debt owing to the state. Upon receipt of a report under this subsection, the department of revenue shall first ascertain based on certifications by the department of industry, labor and job workforce development under s. 49.855 (2) whether any person named in the report is currently delinquent in court-ordered payment of child support and shall next certify to the administrator whether any person named in the report is delinquent in court-ordered payment of child support or payment of state taxes under ch. 71, 72, 76, 77, 78 or 139.Upon this certification by the department of revenue or upon court order the administrator shall withhold the certified amount and send it to the department of revenue for remittance to the appropriate agency or person. At the time of remittance, the department of revenue shall charge its administrative expenses to the state agency that has received the remittance. The administrative expenses received by the department of revenue shall be credited to the appropriation under s. 20.566 (1) (h). In instances in which the payee of the prize is delinquent both in payments for state taxes and in court-ordered payments of child support, or is delinquent in one or both of these payments and has a debt owing to the state, the amount remitted to the appropriate agency or person shall be in proportion to the prize amount as is the delinquency or debt owed by the payee.

SB68, s. 212 Section 212. 565.30 (5m) of the statutes is amended to read:

SB68,69,17 565.30 (5m) Withholding of child support, spousal support, maintenance or family support. The administrator shall report to the department of industry, labor and job workforce development the name, address and social security number of each winner of a lottery prize that is payable in instalments. Upon receipt of the report, the department of industry, labor and job workforce development shall certify to the administrator whether any payee named in the report is obligated to provide child support, spousal support, maintenance or family support under s. 767.02 (1) (f) or (g), 767.10, 767.23, 767.25, 767.26, 767.261, 767.465 (2m), 767.51 (3) or 948.22 (7) or ch. 769 and the amount required to be withheld from the lottery prize under s. 767.265. The administrator shall withhold the certified amount from each payment made to the winner and remit the certified amount to the department of industry, labor and job development.

SB68, s. 213 Section 213. 626.12 (3) of the statutes is amended to read:

SB68,70,4 626.12 (3) Physical impairment. Rates or rating plans may not take into account the physical impairment of employes. Any employer who applies or promotes any oppressive plan of physical examination and rejection of employes or applicants for employment shall forfeit the right to experience rating. If the department of industry, labor and job workforce development determines that grounds exist for such forfeiture it shall file with the commissioner a certified copy of its findings, which shall automatically suspend any experience rating credit for the employer. The department shall make the determination as prescribed in s. 103.005 (5) (b) to (f), (6) to (11), (13) (b) to (d) and (16), so far as such subsections are applicable, subject to review under ch. 227. Restoration of an employer to the advantages of experience rating shall be by the same procedure.

SB68, s. 214 Section 214. 626.125 (3) of the statutes is amended to read:

SB68,70,10 626.125 (3) The bureau shall report annually to the commissioner and the secretary of industry, labor and job workforce development on the status of the program under this section. The report shall include an evaluation of the degree of success achieved by each loss management firm approved under sub. (2) in reducing the worker's compensation loss experience of its clients participating in the program.

SB68, s. 215 Section 215. 626.32 (1) (a) of the statutes is amended to read:

SB68,70,18 626.32 (1) (a) General. Every insurer writing any insurance specified under s. 626.03 shall report its insurance in this state to the bureau at least annually, on forms and under rules prescribed by the bureau. The bureau must file, pursuant to rules adopted by the department of industry, labor and job workforce development, a record of such reports with the department. No such information may be made public by the bureau or any of its employes except as required by law and in accordance with its rules.

SB68, s. 216 Section 216. 645.47 (1) (a) of the statutes is amended to read:

SB68,71,8 645.47 (1) (a) General requirements. The liquidator shall give notice of the liquidation order as soon as possible by first class mail and either by telegram or telephone to the insurance commissioner of each jurisdiction in which the insurer is licensed to do business, by first class mail and by telephone to the department of industry, labor and job workforce development of this state if the insurer is or has been an insurer of worker's compensation, by first class mail to all insurance agents having a duty under s. 645.48, by first class mail to the director of state courts under s. 601.53 (1) if the insurer does a surety business and by first class mail at the last-known address to all persons known or reasonably expected from the insurer's records to have claims against the insurer, including all policyholders. The liquidator also shall publish a class 3 notice, under ch. 985, in a newspaper of general circulation in the county in which the liquidation is pending or in Dane county, the last publication to be not less than 3 months before the earliest deadline specified in the notice under sub. (2).

SB68, s. 217 Section 217. 767.001 (1d) of the statutes is amended to read:

SB68,71,11 767.001 (1d) "Department" means the department of industry, labor and job workforce development.

SB68, s. 218 Section 218. 769.31 (1) of the statutes is amended to read:

SB68,71,14 769.31 (1) The department of industry, labor and job workforce development is the state information agency under this chapter.

SB68, s. 219 Section 219. 893.44 (2) of the statutes is amended to read:

SB68,71,18 893.44 (2) An action to recover wages under s. 109.09 shall be commenced within 2 years after the claim is filed with the department of industry, labor and job workforce development or be barred.

SB68, s. 220 Section 220. 905.15 (1) of the statutes is amended to read:

SB68,72,2 905.15 (1) An employe of 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 or a member of a governing body of a federally recognized American Indian tribe who is authorized by federal law to have access to or awareness of the federal tax return information of another in the performance of duties under s. 49.19 or 49.45 or 7 USC 2011 to 2049 may claim privilege to refuse to disclose the information and the source or method by which he or she received or otherwise became aware of the information.

SB68, s. 221 Section 221. 938.342 (1) (e) of the statutes is amended to read:

SB68,72,6 938.342 (1) (e) Order the department of industry, labor and job workforce development to revoke, under s. 103.72, a permit under s. 103.70 authorizing the employment of the person.

SB68, s. 222 Section 222. 940.207 (title) of the statutes is amended to read:

SB68,72,9 940.207 (title) Battery or threat to department of commerce or department of industry, labor and job workforce development employe.

SB68, s. 223 Section 223. 940.207 (2) (intro.) of the statutes is amended to read:

SB68,72,14 940.207 (2) (intro.) Whoever intentionally causes bodily harm or threatens to cause bodily harm to the person or family member of any department of commerce or department of industry, labor and job workforce development official, employe or agent under all of the following circumstances is guilty of a Class D felony:

SB68, s. 224 Section 224. 940.207 (2) (a) of the statutes is amended to read:

SB68,72,19 940.207 (2) (a) At the time of the act or threat, the actor knows or should have known that the victim is a department of commerce or department of industry, labor and job workforce development official, employe or agent or a member of his or her family.

SB68, s. 225 Section 225. 946.15 (1) of the statutes is amended to read:

SB68,73,9 946.15 (1) Any employer, or any agent or employe of an employer, who induces any person who seeks to be or is employed pursuant to a public contract as defined in s. 66.29 (1) (c) or who seeks to be or is employed on a project on which a prevailing wage rate determination has been issued by the department of industry, labor and job workforce development under s. 66.293 (3), 103.49 (3) or 103.50 (3) or by a local governmental unit, as defined in s. 66.293 (1) (d), under s. 66.293 (6) to give up, waive or return any part of the compensation to which that person is entitled under his or her contract of employment or under the prevailing wage rate determination issued by the department or local governmental unit, or who reduces the hourly basic rate of pay normally paid to an employe for work on a project on which a prevailing wage rate determination has not been issued under s. 66.293 (3) or (6), 103.49 (3) or 103.50 (3) during a week in which the employe works both on a project on which a prevailing wage rate determination has been issued and on a project on which a prevailing wage rate determination has not been issued, is guilty of a Class E felony.

SB68, s. 226 Section 226. 946.15 (2) of the statutes is amended to read:

SB68,73,24 946.15 (2) Any person employed pursuant to a public contract as defined in s. 66.29 (1) (c) or employed on a project on which a prevailing wage rate determination has been issued by the department of industry, labor and job workforce development under s. 66.293 (3), 103.49 (3) or 103.50 (3) or by a local governmental unit, as defined in s. 66.293 (1) (d), under s. 66.293 (6) who gives up, waives or returns to the employer or agent of the employer any part of the compensation to which the employe is entitled under his or her contract of employment or under the prevailing wage determination issued by the department or local governmental unit, or who gives up any part of the compensation to which he or she is normally entitled for work on a project on which a prevailing wage rate determination has not been issued under s. 66.293 (3) or (6), 103.49 (3) or 103.50 (3) during a week in which the person works part-time on a project on which a prevailing wage rate determination has been issued and part-time on a project on which a prevailing wage rate determination has not been issued, is guilty of a Class C misdemeanor.

SB68, s. 227 Section 227. 946.15 (3) and (4) of the statutes are amended to read:

SB68,74,10 946.15 (3) Any employer or labor organization, or any agent or employe of an employer or labor organization, who induces any person who seeks to be or is employed on a project on which a prevailing wage rate determination has been issued by the department of industry, labor and job workforce development under s. 66.293 (3), 103.49 (3) or 103.50 (3) or by a local governmental unit, as defined in s. 66.293 (1) (d), under s. 66.293 (6) to permit any part of the wages to which that person is entitled under the prevailing wage rate determination issued by the department or local governmental unit to be deducted from the person's pay is guilty of a Class E felony, unless the deduction would be permitted under 29 CFR 3.5 or 3.6 from a person who is working on a project that is subject to 40 USC 276c.

SB68,74,19 (4) Any person employed on a project on which a prevailing wage rate determination has been issued by the department of industry, labor and job workforce development under s. 66.293 (3), 103.49 (3) or 103.50 (3) or by a local governmental unit, as defined in s. 66.293 (1) (d), under s. 66.293 (6) who permits any part of the wages to which that person is entitled under the prevailing wage rate determination issued by the department or local governmental unit to be deducted from his or her pay is guilty of a Class C misdemeanor, unless the deduction would be permitted under 29 CFR 3.5 or 3.6 from a person who is working on a project that is subject to 40 USC 276c.

SB68, s. 228 Section 228. 973.05 (5) (g) of the statutes is amended to read:

SB68,75,4 973.05 (5) (g) No employer may use an assignment under sub. (4) (b) as a basis for the denial of employment to a defendant, 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 paragraph may be fined not more than $500 and may be required to make full restitution to the aggrieved person, including reinstatement and back pay. 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 human relations workforce development for enforcement of this paragraph.

SB68, s. 229 Section 229. 978.05 (4m) of the statutes is amended to read:

SB68,75,8 978.05 (4m) Welfare fraud investigations. Cooperate with the department of industry, labor and job workforce development regarding the fraud investigation program under s. 49.197 (1m).

SB68, s. 230 Section 230. Effective dates. This act takes effect on the day after publication, except as follows:

SB68,75,12 (1) The treatment of section 301.45 (9) of the statutes takes effect on June 1, 1997.

SB68,75,14 (2) The repeal and recreation of sections 46.495 (1) (d), 46.495 (1) (dc), 46.495 (1) (f) 1., 48.57 (3m) (d) and 48.57 (3m) (e) of the statutes takes effect on July 1, 1997.

SB68,75,15 (End)