SB21: Bill Text

SB21,3059 Section 3059. 102.835 (9) of the statutes is amended to read:

SB21,1202,2 102.835 (9) Wrongful levy. If the department office determines that property has been wrongfully levied upon, the department office may return the property at any time, or may return an amount of money equal to the amount of money levied upon.

SB21,3060 Section 3060. 102.835 (10) of the statutes is amended to read:

SB21,1202,6 102.835 (10) Preservation of remedies. The availability of the remedy under this section does not abridge the right of the department office to pursue other remedies.

SB21,3061 Section 3061. 102.835 (12) of the statutes is amended to read:

SB21,1202,20 102.835 (12) Notice before levy. If no proceeding for review permitted by law is pending, the department office shall make a demand to the debtor for payment of the debt which that is subject to levy and give notice that the department office may pursue legal action for collection of the debt against the debtor. The department office shall make the demand for payment and give the notice at least 10 days prior to the levy, personally or by any type of mail service which that requires a signature of acceptance, at the address of the debtor as it appears on the records of the department office. The demand for payment and notice shall include a statement of the amount of the debt, including costs and fees, and the name of the debtor who is liable for the debt. The debtor's failure to accept or receive the notice does not prevent the department office from making the levy. Notice prior to levy is not required for a subsequent levy on any debt of the same debtor within one year after the date of service of the original levy.

SB21,3062 Section 3062. 102.835 (13) (a) of the statutes is amended to read:

SB21,1202,24 102.835 (13) (a) The department office shall serve the levy upon the debtor and 3rd party by personal service or by any type of mail service which that requires a signature of acceptance.

SB21,3063 Section 3063. 102.835 (13) (c) of the statutes is amended to read:

SB21,1203,4 102.835 (13) (c) The department representative of the office who serves the levy shall certify service of process on the notice of levy form and the person served shall acknowledge receipt of the certification by signing and dating it. If service is made by mail, the return receipt is the certificate of service of the levy.

SB21,3064 Section 3064. 102.835 (14) of the statutes is amended to read:

SB21,1203,12 102.835 (14) Answer by 3rd party. Within 20 days after the service of the levy upon a 3rd party, the 3rd party shall file an answer with the department office stating whether the 3rd party is in possession of or obligated with respect to property or rights to property of the debtor, including a description of the property or the rights to property and the nature and dollar amount of any such obligation. If the 3rd party is an insurance company, the insurance company shall file an answer with the department office within 45 days after the service of the levy.

SB21,3065 Section 3065. 102.835 (19) of the statutes is amended to read:

SB21,1203,19 102.835 (19) Hearing. Any debtor who is subject to a levy proceeding made by the department office may request a hearing under s. 102.17 to review the levy proceeding. The hearing is limited to questions of prior payment of the debt that the department office is proceeding against, and mistaken identity of the debtor. The levy is not stayed pending the hearing in any case in which property is secured through the levy.

SB21,3066 Section 3066. 102.85 (2) (a) of the statutes is amended to read:

SB21,1203,24 102.85 (2) (a) Gives false information about the coverage to his or her employees, the department office, or any other person who contracts with the employer and who requests evidence of worker's compensation coverage in relation to that contract.

SB21,3067 Section 3067. 102.85 (5) (a) of the statutes is amended to read:

SB21,1204,8 102.85 (5) (a) The payment of any judgment under this section may be suspended or deferred for not more than 90 days in the discretion of the court. The court shall suspend a judgment under this section upon the motion of the department office, if the department office is satisfied that the employer's violation of s. 102.16 (3) or 102.28 (2) was beyond the employer's control and that the employer is no longer violates in violation of s. 102.16 (3) or 102.28 (2). In cases where If a deposit has been made, any forfeitures, surcharges, fees, and costs imposed under ch. 814 shall be taken out of the deposit and the balance, if any, returned to the employer.

SB21,3068 Section 3068. 102.87 (1) of the statutes is renumbered 102.87 (1m).

SB21,3069 Section 3069. 102.87 (1d) of the statutes is created to read:

SB21,1204,15 102.87 (1d) In this section, "deputy" means any person employed by the office who is designated as a deputy, who possesses special, technical, scientific, managerial or personal abilities or qualities in matters within the jurisdiction of the office, and who may be engaged in the performance of duties under the direction of the commissioner, calling for the exercise of those abilities or qualities.

SB21,3070 Section 3070. 102.87 (2) (intro.) of the statutes is amended to read:

SB21,1204,19 102.87 (2) (intro.) A citation under this section shall be signed by a department deputy, or by an officer who has authority to make arrests for the violation, and shall contain substantially the following information:

SB21,3071 Section 3071. 102.87 (2) (b) of the statutes is amended to read:

SB21,1204,22 102.87 (2) (b) The name and office or department of the issuing department deputy or officer.

SB21,3072 Section 3072. 102.87 (3) of the statutes is amended to read:

SB21,1205,8 102.87 (3) A defendant issued a citation under this section may deposit the amount of money that the issuing department deputy or officer directs by mailing or delivering the deposit and a copy of the citation before the court appearance date to the clerk of the circuit court in the county where the violation occurred, to the department office, or to the sheriff's office or police headquarters of the officer who issued the citation. The basic amount of the deposit shall be determined under a deposit schedule established by the judicial conference. The judicial conference shall annually review and revise the schedule. In addition to the basic amount determined by the schedule, the deposit shall include the costs, fees, and surcharges imposed under ch. 814.

SB21,3073 Section 3073. 102.87 (9) of the statutes is amended to read:

SB21,1205,17 102.87 (9) A department deputy or an officer who collects under this section a forfeiture and costs, fees, and surcharges imposed under ch. 814 under this section shall pay the money to the county treasurer within 20 days after its receipt. If the department deputy or officer fails to make timely payment, the county treasurer may collect the payment from the department deputy or officer by an action in the treasurer's name of office and upon the official bond of the department deputy or officer, with interest at the rate of 12% 12 percent per year from the time when it the payment should have been paid made.

SB21,3074 Section 3074. 102.88 (1) of the statutes is amended to read:

SB21,1205,24 102.88 (1) When a person is convicted of any violation of this chapter or of any department rule or order of the office, and it is alleged in the indictment, information, or complaint, and proved or admitted on trial or ascertained by the court after conviction that the person was previously subjected to a fine or forfeiture within a period of 5 years under s. 102.85, the person may be fined not more than $2,000 or imprisoned for not more than 90 days or both.

SB21,3075 Section 3075. 102.89 (1) of the statutes is amended to read:

SB21,1206,5 102.89 (1) Whoever is concerned in the commission of a violation of this chapter or of any department rule or order of the office under this chapter for which a forfeiture is imposed is a principal and may be charged with and convicted of the violation although he or she did not directly commit it the violation and although the person who directly committed it the violation has not been convicted of the violation.

SB21,3076 Section 3076. 103.001 (6) of the statutes is amended to read:

SB21,1206,11 103.001 (6) "Employer" means any person, firm, corporation, state, county, town, city, village, school district, sewer district, drainage district, long-term care district and other public or quasi-public corporations as well as any agent, manager, representative or other person having control or custody of any employment, place of employment or of any employee.

SB21,3077 Section 3077. 103.49 (1) (f) of the statutes is amended to read:

SB21,1206,19 103.49 (1) (f) "State agency" means any office, department, independent agency, institution of higher education, association, society or other body in state government created or authorized to be created by the constitution or any law, including the legislature and the courts. "State agency" also includes the University of Wisconsin Hospitals and Clinics Authority, the University of Wisconsin System Authority, the Fox River Navigational System Authority, and the Wisconsin Aerospace Authority.

SB21,3078 Section 3078. 103.50 (2) of the statutes is amended to read:

SB21,1207,7 103.50 (2) Prevailing wage rates and hours of labor. No person performing the work described in sub. (2m) in the employ of a contractor, subcontractor, agent or other person performing any work on a project under a contract based on bids as provided in s. 84.06 (2), or under a contract under s. 84.06 (2m) (e), to which the state is a party for the construction or improvement of any highway may be permitted to work a greater number of hours per day or per week than the prevailing hours of labor; nor may he or she be paid a lesser rate of wages than the prevailing wage rate in the area in which the work is to be done determined under sub. (3); except that any such person may be permitted or required to work more than such prevailing hours of labor per day and per week if he or she is paid for all hours worked in excess of the prevailing hours of labor at a rate of at least 1.5 times his or her hourly basic rate of pay.

SB21,3079 Section 3079. 106.05 (2) (b) (intro.) of the statutes is amended to read:

SB21,1207,14 106.05 (2) (b) (intro.) Subject to par. (c) and sub. (3), from the appropriation under s. 20.445 (1) (d) (b), the department shall may provide to an apprentice described in par. (a) 1. or the apprentice's sponsor a completion award equal to 25 percent of the cost of tuition incurred by the apprentice or sponsor or $1,000, whichever is less,. If the department provides a completion award under this subsection, the department shall pay the award as follows:

SB21,3080 Section 3080. 106.05 (3) (a) of the statutes is amended to read:

SB21,1207,22 106.05 (3) (a) If the amount of funds to be distributed under sub. (2) exceeds the amount available in the appropriation under s. 20.445 (1) (d) (b) for completion awards under sub. (2), the department may reduce the reimbursement percentage or deny applications for completion awards that would otherwise qualify under sub. (2). In that case, the department shall determine the reimbursement percentage and eligibility on the basis of the dates on which apprentices and sponsors become eligible for completion awards.

SB21,3081 Section 3081. 106.13 (1) of the statutes is amended to read:

SB21,1208,3 106.13 (1) The department shall may provide a youth apprenticeship program that includes. If the department provides that program, the program may include the grant programs under subs. (3m) and (4) program under sub. (3m).

SB21,3082 Section 3082. 106.13 (3m) (a) of the statutes is renumbered 106.13 (3m) (a) (intro.) and amended to read:

SB21,1208,6 106.13 (3m) (a) (intro.) In this subsection, "local partnership":

SB21,1208,11 1. "Local partnership" means one or more school districts, or any combination of one or more school districts, other public agencies, as defined in sub. (4) (a) 2., nonprofit organizations, as defined in sub. (4) (a) 1r., individuals, or other persons, who have agreed to be responsible for implementing and coordinating a local youth apprenticeship program.

SB21,3083 Section 3083. 106.13 (3m) (b) (intro.) of the statutes is amended to read:

SB21,1208,23 106.13 (3m) (b) (intro.) From the appropriation under s. 20.445 (1) (e) (b), the department shall may award grants to applying local partnerships for the implementation and coordination of local youth apprenticeship programs. A local partnership shall include in its grant application the identity of each public agency, nonprofit organization, individual, and other person who is a participant in the local partnership, a plan to accomplish the implementation and coordination activities specified in subds. 1. to 6., and the identity of a fiscal agent who shall be responsible for receiving, managing, and accounting for the grant moneys received under this paragraph. Subject to par. (c), a local partnership that is awarded a grant under this paragraph may use the grant moneys awarded for any of the following implementation and coordination activities:

SB21,3084 Section 3084. 106.13 (4) (a) (intro.) of the statutes is repealed.

SB21,3085 Section 3085. 106.13 (4) (a) 1d. of the statutes is repealed.

SB21,3086 Section 3086. 106.13 (4) (a) 1r. of the statutes is renumbered 106.13 (3m) (a) 1r.

SB21,3087 Section 3087. 106.13 (4) (a) 2. of the statutes is renumbered 106.13 (3m) (a) 2.

SB21,3088 Section 3088. 106.13 (4) (b) of the statutes is repealed.

SB21,3089 Section 3089. 106.13 (4) (c) of the statutes is repealed.

SB21,3090 Section 3090. 106.13 (4) (d) of the statutes is repealed.

SB21,3091 Section 3091. 106.16 (2) of the statutes is amended to read:

SB21,1209,14 106.16 (2) Any company that receives a loan or grant from a state agency or an authority under ch. 231 or 234 shall notify the department and the local workforce development board established under 29 USC 2832, of any position in the company that is related to the project for which the grant or loan is received to be filled in this state within one year after receipt of the loan or grant. The company shall provide this notice at least 2 weeks prior to advertising the position.

SB21,3092 Section 3092. 106.16 (3) of the statutes is repealed.

SB21,3093 Section 3093. 106.27 (1) of the statutes is amended to read:

SB21,1209,25 106.27 (1) Workforce training grants. From the appropriation under s. 20.445 (1) (b), the department shall award grants to public and private organizations for the development and implementation of workforce training programs. An organization that is awarded a grant under this subsection may use the grant for the training of unemployed and underemployed workers and incumbent employees of businesses in this state and for the hiring and training of apprentices in this state. As a condition of receiving a grant under this subsection, the department may require a public or private organization to provide matching funds at a percentage to be determined by the department.

SB21,3094 Section 3094. 106.27 (2m) of the statutes is amended to read:

SB21,1210,4 106.27 (2m) Consultation. The department shall consult with the technical college system board and the Wisconsin Economic Development Corporation Forward Wisconsin Development Authority in implementing this section.

SB21,3095 Section 3095. 106.27 (3) of the statutes is amended to read:

SB21,1210,23 106.27 (3) Annual report. Annually, by December 31, the department shall submit a report to the governor and the cochairpersons of the joint committee on finance providing an account of the department's activities and expenditures under this section during the preceding fiscal year. The report shall include information on the number of unemployed and underemployed workers and , incumbent employees, and apprentices who participate in training programs under sub. (1); the number of unemployed workers who obtain gainful employment, underemployed workers who obtain new employment, and incumbent employees who receive increased compensation, and apprentices who obtain gainful employment or new employment or who receive increased compensation after participating in such a training program; and the wages earned by those workers and , employees, and apprentices both before and after participating in such a training program. The report shall also include information on the extent to which waiting lists for enrollment in courses and programs provided by technical colleges in high-demand fields are reduced as a result of grants under sub. (1g) (a), on the number of high school pupils who participate in certification programs under sub. (1g) (b), and on the number of persons with disabilities who participate in employment enhancement activities under sub. (1g) (c).

SB21,3096 Section 3096. 106.273 of the statutes is created to read:

SB21,1211,6 106.273 Career and technical education incentive grants. From the appropriation under s. 20.445 (1) (b), the department may provide grants to school districts for the development of programs that are designed to mitigate workforce shortages in industries and occupations that are experiencing a workforce shortage, as determined by the department, and to assist pupils in graduating with industry-recognized certifications in those industries and occupations.

SB21,3097 Section 3097. 106.32 (title) of the statutes is renumbered 45.435 (title).

SB21,3098 Section 3098. 106.32 (1) (intro.) of the statutes is renumbered 45.435 (1) (intro.).

SB21,3099 Section 3099. 106.32 (1) (a) of the statutes is renumbered 45.435 (1) (a) and amended to read:

SB21,1211,14 45.435 (1) (a) "Disabled veteran" means a veteran who is verified by the department of veterans affairs to have a service-connected disability rating of at least 50 percent under 38 USC 1114 or 1134.

SB21,3100 Section 3100. 106.32 (1) (b) and (c) of the statutes are renumbered 45.435 (1) (b) and (c).

SB21,3101 Section 3101. 106.32 (1) (d) of the statutes is repealed.

SB21,3102 Section 3102. 106.32 (2) of the statutes is renumbered 45.435 (2), and 45.435 (2) (a) (intro.), as renumbered, is amended to read:

SB21,1211,23 45.435 (2) (a) (intro.) Beginning on July 2, 2013, from From the appropriation account under s. 20.445 (1) 20.485 (2) (q), the department shall award a grant in any of the following amounts to any person who hires a disabled veteran to work at a business in this state:

SB21,3103 Section 3103. 106.32 (3) of the statutes is renumbered 45.435 (3), and 45.435 (3) (b), as renumbered, is amended to read:

SB21,1212,5 45.435 (3) (b) The department shall pay a grant under this section only for hiring a disabled veteran who has received unemployment compensation insurance benefits for at least one week prior to being hired by the applicant, who was receiving such benefits at the time that he or she was hired by the applicant, and who was eligible to receive such benefits at the time the benefits were paid.

SB21,3104 Section 3104. 106.34 of the statutes is created to read:

SB21,1212,8 106.34 Reports to technical college system board of high-demand fields. (1) In this section:

SB21,1212,9 (a) "Board" has the meaning given in s. 38.01 (2).

SB21,1212,10 (b) "District" has the meaning given in s. 38.01 (5).

SB21,1212,13 (2) Not later than 30 days after the effective date of this subsection .... [LRB inserts date], and by December 31 of each year thereafter, the department shall do all of the following:

SB21,1212,14 (a) Determine all high-demand fields during that year.

SB21,1212,15 (b) Report to the board the information specified in par. (a).

SB21,3105 Section 3105. 106.52 (1) (d) 1. of the statutes is amended to read:

SB21,1212,18 106.52 (1) (d) 1. A bed and breakfast establishment, as defined in s. 254.61 (1) 97.01 (1g).

SB21,3106 Section 3106. 106.52 (1) (d) 2. of the statutes is amended to read:

SB21,1212,20 106.52 (1) (d) 2. A hotel, as defined in s. 254.61 (3) 97.01 (7).