SB21: Bill Text

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).

SB21,3107 Section 3107. 106.52 (1) (d) 3. of the statutes is amended to read:

SB21,1212,22 106.52 (1) (d) 3. A tourist rooming house, as defined in s. 254.61 (6) 97.01 (15k).

SB21,3108 Section 3108. 107.30 (10) of the statutes is amended to read:

SB21,1212,25 107.30 (10) "Mining damage appropriation" means the appropriation under s. 20.165 (2) 20.142 (4) (a).

SB21,3109 Section 3109. 107.31 (5) (a) (intro.) of the statutes is amended to read:

SB21,1213,5 107.31 (5) (a) Calculation. (intro.) The mining damage reserve accumulation is calculated by subtracting the total amount of all mining damages awards paid from the appropriation under s. 20.445 (4) (a), 2001 stats., beginning on May 22, 1980 or paid from the appropriation under s. 20.165 (2) 20.142 (4) (a) from the sum of:

SB21,3110 Section 3110. 108.02 (24g) of the statutes is created to read:

SB21,1213,8 108.02 (24g) Suitable work. "Suitable work" has the meaning specified by the department by rule under s. 108.14 (27).

SB21,3111 Section 3111. 108.04 (8) (a) of the statutes is amended to read:

SB21,1213,23 108.04 (8) (a) If Except as provided in par. (b), if an employee fails, without good cause, to accept suitable work when offered, the employee is ineligible to receive benefits until the employee earns wages after the week in which the failure occurs equal to at least 6 times the employee's weekly benefit rate under s. 108.05 (1) in employment or other work covered by the unemployment insurance law of any state or the federal government. For purposes of requalification, the employee's weekly benefit rate shall be that rate which would have been paid had the failure not occurred. This paragraph does not preclude an employee from establishing a benefit year during a period in which the employee is ineligible to receive benefits under this paragraph if the employee qualifies to establish a benefit year under s. 108.06 (2) (a). The department shall charge to the fund's balancing account any benefits otherwise chargeable to the account of an employer that is subject to the contribution requirements under ss. 108.17 and 108.18 whenever an employee of that employer fails, without good cause, to accept suitable work offered by that employer.

SB21,3112 Section 3112. 108.04 (8) (b) of the statutes is created to read:

SB21,1214,19 108.04 (8) (b) There is a rebuttable presumption that an employee has failed, without good cause, to accept suitable work when offered if the employee declines to submit to a test for the presence of controlled substances in a test conducted on the employee as preemployment screening or the employee tests positive for one or more controlled substances in such a test without evidence of a valid prescription, as evidenced by a report submitted to the department by an employing unit in accordance with s. 108.133 (4). If the employee declines to submit to such a test, the employee shall be ineligible for benefits as if the employee had declined to submit to a test under s. 108.133 (3) (a), beginning with the week in which the department receives the report. If the employee tests positive in such a test without evidence of a valid prescription, the employee shall be ineligible for benefits as if the employee had tested positive under s. 108.133 (3) (c), beginning with the week in which the department receives the report, except as provided under s. 108.133 (3) (d). The department shall promulgate rules specifying how a claimant may overcome the presumption in this paragraph. The department shall charge to the fund's balancing account any benefits otherwise chargeable to the account of an employer that is subject to the contribution requirements under ss. 108.17 and 108.18 whenever an employee of that employer fails, without good cause, to accept suitable work offered by that employer.

SB21,3113 Section 3113. 108.04 (11) (bh) of the statutes is amended to read:

SB21,1214,25 108.04 (11) (bh) In addition to ineligibility for benefits resulting from concealment as provided in par. (be), the department shall assess a penalty against the claimant in an amount equal to 15 40 percent of the benefit payments erroneously paid to the claimant as a result of one or more acts of concealment described in pars. (a) and (b).

SB21,3114 Section 3114. 108.10 (4) of the statutes is amended to read:

SB21,1215,10 108.10 (4) The department or the employing unit may commence action for the judicial review of a commission decision under this section, provided the department, or the employing unit, after exhausting the remedies provided under this section, has commenced such action within 30 days after such decision was mailed to the employing unit's last-known address. The scope of judicial review, and the manner thereof insofar as applicable, shall be the same as that provided in s. 108.09 (7). In an action commenced by an employing unit under this section, the department shall be an adverse party under s. 102.23 (1) (a) and shall be named as a party in the complaint commencing the action.

SB21,3115 Section 3115. 108.133 of the statutes is created to read:

SB21,1215,13 108.133 Testing for controlled substances. (1) Definitions. In this section:

SB21,1215,15 (a) Notwithstanding s. 108.02 (9), "controlled substance" has the meaning given in 21 USC 802.

SB21,1215,17 (b) "Job skills assessment" means an assessment conducted by the department under sub. (2) (d).

SB21,1215,20 (c) "Occupation that regularly conducts drug testing" means an occupation identified in the regulations issued by the federal secretary of labor under 42 USC 503 (l) (1) (A) (ii).

SB21,1215,22 (d) "Screening" means the screening process created by the department under sub. (2) (a) 3.

SB21,1215,24 (e) "Substance abuse treatment program" means the program provided by the department under sub. (2) (c).

SB21,1216,3 (f) "Valid prescription" means a prescription, as defined in s. 450.01 (19), for a controlled substance for which the supply of the controlled substance indicated by the prescription has not run out.

SB21,1216,7 (2) Drug testing program. The department shall establish a program to test claimants who apply for regular benefits under this chapter for the presence of controlled substances in accordance with this section and shall, under the program, do all of the following:

SB21,1216,9 (a) Promulgate rules to establish the program. The department shall do all of the following in the rules promulgated under this paragraph:

SB21,1216,12 1. Establish a process to test claimants for the presence of controlled substances. In establishing the process, the department shall adhere to any applicable federal requirements regarding drug testing.

SB21,1216,16 2. Identify the parameters for a substance abuse treatment program for claimants who misuse controlled substances and specify criteria that a claimant must satisfy in order to be considered in full compliance with requirements of the substance abuse treatment program.

SB21,1216,18 3. Create a screening process for determining whether a claimant should be required to submit to a test for the presence of controlled substances.

SB21,1216,21 4. Identify the parameters for a job skills assessment for claimants who misuse controlled substances and specify criteria that a claimant must satisfy in order to be considered in full compliance with the requirements of the job skills assessment.