106.11
106.11
Workforce investment programs. The department shall cooperate with the federal government in carrying out the purposes of the federal Workforce Investment Act of 1998,
29 USC 2801 to
2945. In administering the programs authorized by that act the department shall, in cooperation with other state agencies and with local workforce development boards established under
29 USC 2832, establish a statewide workforce investment system to meet the employment, training and educational needs of persons in this state.
106.12
106.12
Governor's work-based learning board. 106.12(1)(1)
Definition. In this section and
s. 106.13, "board" means the governor's work-based learning board.
106.12(2)
(2) Employment and education program administration. The board shall plan, coordinate, administer and implement the youth apprenticeship, school-to-work and work-based learning programs under
s. 106.13 (1) and such other employment and education programs as the governor may by executive order assign to the board. Notwithstanding any limitations placed on the use of state employment and education funds under this section or
s. 106.13 or under an executive order assigning an employment and education program to the board, the board may issue a general or special order waiving any of those limitations on finding that the waiver will promote the coordination of employment and education services.
106.12(3)
(3) Executive director. The governor shall appoint an executive director of the board outside the classified service to serve at the pleasure of the governor. The executive director shall be in charge of the board's administrative functions.
106.12(4)
(4) Publications and seminars. The board may provide publications and seminars relating to the employment and education programs administered by the board and may establish a schedule of fees for those publications and seminars. Fees established under this subsection for publications and seminars provided by the board may not exceed the actual cost incurred in providing those publications and seminars. The fees collected under this subsection shall be credited to the appropriation account under
s. 20.445 (7) (ga).
106.12 History
History: 1993 a. 16;
1995 a. 27 s.
3701; 1995 Stats. s. 106.12;
1997 a. 27;
1999 a. 9;
2001 a. 16.
106.13
106.13
Youth apprenticeship, school-to-work and work-based learning programs. 106.13(1)
(1) The board shall provide all of the following:
106.13(1)(a)
(a) A youth apprenticeship program that includes the grant programs under
subs. (3m) and
(4).
106.13(1)(b)
(b) A school-to-work program that includes the school-to-work program for children at risk under
sub. (4m).
106.13(1)(c)
(c) A work-based learning program for youths who are eligible to receive temporary assistance for needy families under
42 USC 601 to
619 that includes a component that would permit a participant to earn a youth apprenticeship skills certificate through participation in that program if the participant meets the requirements for earning that certificate.
106.13(2)
(2) The council on workforce investment established under
29 USC 2821, the technical college system board and the department of public instruction shall assist the board in providing the youth apprenticeship program, the school-to-work program and the work-based learning program under
sub. (1).
106.13(2m)
(2m) The board shall approve occupations and maintain a list of approved occupations for the youth apprenticeship program and shall approve statewide skill standards for the school-to-work program. From the appropriation under
s. 20.445 (7) (a), the board shall develop curricula for youth apprenticeship programs for occupations approved under this subsection.
106.13(3)
(3) The youth apprenticeship program under
sub. (1) shall not affect any apprenticeship program that is governed by
ss. 106.01 to
106.03, except that an apprenticeship program that is governed by
ch. 106 may grant credit toward the completion of an apprenticeship for the successful completion of a youth apprenticeship under
sub. (1).
106.13(3m)(a)(a) In this subsection, "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.
106.13(3m)(b)
(b) From the appropriation under
s. 20.445 (7) (b), the board shall 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:
106.13(3m)(b)1.
1. Recruiting employers to provide on-the-job training and supervision for youth apprentices and providing technical assistance to those employers.
106.13(3m)(b)2.
2. Recruiting students to participate in the local youth apprenticeship program and monitoring the progress of youth apprentices participating in the program.
106.13(3m)(b)3.
3. Coordinating youth apprenticeship training activities within participating school districts and among participating school districts, postsecondary institutions and employers.
106.13(3m)(b)4.
4. Coordinating academic, vocational and occupational learning, school-based and work-based learning and secondary and postsecondary education for participants in the local youth apprenticeship program.
106.13(3m)(b)5.
5. Assisting employers in identifying and training workplace mentors and matching youth apprentices and mentors.
106.13(3m)(b)6.
6. Any other implementation or coordination activity that the board may direct or permit the local partnership to perform.
106.13(3m)(c)
(c) A local partnership that is awarded a grant under
par. (b) may not use any of the grant moneys awarded to provide funding to a business that is operated for profit or to a nonprofit organization that represents business interests.
106.13(4)(a)1d.
1d. "Eligible employer" means an employer that is eligible to receive a grant under this subsection according to the criteria established by the board under
par. (d).
106.13(4)(a)2.
2. "Public agency" means a county, city, village, town, school district or technical college district or an agency of this state or of a county, city, village, town, school district or technical college district.
106.13(4)(b)
(b) From the appropriation under
s. 20.445 (7) (em), the board may award a grant to a public agency or a nonprofit organization, or to an eligible employer that is responsible for the on-the-job training and supervision of a youth apprentice. A public agency or nonprofit organization that receives a grant under this subsection shall use the funds awarded under the grant to award training grants to eligible employers that provide on-the-job training and supervision for youth apprentices. Subject to
par. (c), a training grant provided under this subsection may be awarded to an eligible employer for each youth apprentice who receives at least 180 hours of paid on-the-job training from the eligible employer during a school year, as defined in
s. 115.001 (13). The amount of a training grant may not exceed $500 per youth apprentice per school year. A training grant may not be awarded for any specific youth apprentice for more than 2 school years.
106.13(4)(c)
(c) Notwithstanding
par. (b), the board may award a training grant under this subsection to an eligible employer that provides less than 180 hours of paid on-the-job training for a youth apprentice during a school year, as defined in
s. 115.001 (13), if the board determines that it would be beneficial for the youth apprentice to receive on-the-job training from more than one eligible employer.
106.13(4)(d)
(d) The board shall establish eligibility criteria for a grant under this subsection. That criteria shall specify that eligibility for a grant shall be limited to small employers, as determined by the board, and to employers providing on-the-job training in employment areas determined by the board. Notwithstanding
sub. (5), those criteria need not be promulgated as rules.
106.13(4m)(a)(a) The board may approve an innovative school-to-work program provided by a nonprofit organization for children at risk, as defined in
s. 118.153 (1) (a), in a county having a population of 500,000 or more to assist those children at risk in acquiring employability skills and occupational-specific competencies before leaving high school. If the board approves a program under this paragraph, the board may award a grant, from the appropriation under
s. 20.445 (7) (ef), to the nonprofit organization providing the program and the nonprofit organization shall use the funds received under the grant to provide the program.
106.13(4m)(b)
(b) The board shall establish requirements for the operation of the grant program under this subsection. Notwithstanding
sub. (5), those requirements need not be promulgated as rules.
106.13(5)
(5) The board shall promulgate rules to administer this section.
106.14
106.14
Job centers. The department shall provide a job center network throughout the state through which job seekers may receive comprehensive career planning, job placement, and job training information.
106.14 History
History: 1993 a. 16;
1995 a. 27 ss.
3713,
3770m and
3770p; Stats. 1995 s. 106.14;
1997 a. 27;
1999 a. 9;
2001 a. 16.
106.15
106.15
Assistance for dislocated workers. 106.15(1)(c)
(c) "Dislocated worker committee" means the committee or other subunit of the council that assists the governor in providing employment and training activities to dislocated workers under
29 USC 2862 to
2864.
106.15(3)
(3) Grants. From the appropriation under
s. 20.445 (1) (bc),
(jm),
(mb) and
(mc), the department shall make grants to persons providing employment and training activities to dislocated workers including but not limited to the following:
106.15(3)(a)
(a) Job search assistance, including participation in job clubs.
106.15(3)(c)
(c) Support services, including but not limited to transportation assistance, relocation assistance, financial counseling, personal counseling and programs conducted in cooperation with employers or labor organizations.
106.15(4)
(4) Grant approval. The department may award a grant under this section only if both of the following occur:
106.15(4)(a)
(a) The dislocated workers committee approves the local plan or application for funding and refers its decision to the secretary.
106.15(4)(b)
(b) After receiving a referral under
par. (a), the secretary approves the local plan or application for funding.
106.15(5)
(5) Local plan or application review. In reviewing local plans and applications for funding under this section, the dislocated workers committee and the secretary shall consider all of the following:
106.15(5)(a)
(a) The severity of the need for the program in the community to be served when compared with the severity of need in other communities.
106.15(5)(b)
(b) The appropriateness of the skill development or training to be provided, including whether the demand for that skill exceeds the supply.
106.15(5)(c)
(c) Whether the program provides for labor organizations to participate in program planning.
106.15(5)(d)
(d) Whether the program provides for coordination with other employment and training programs offered in the community in which the program will be offered.
106.15(6)
(6) Rule making. The department shall promulgate rules to administer this section. The rules shall address eligible applicants and program providers, application requirements, criteria and procedures for awarding grants, reporting and auditing procedures and administrative operations.
106.15 History
History: 1985 a. 153;
1987 a. 27;
1989 a. 31,
44;
1995 a. 27 ss.
3714,
3715; Stats. 1995 s. 106.15;
1999 a. 9.
106.15 Note
NOTE: This section was created by
1985 Act 153. Section 2 of Act 153 is entitled "Legislative purpose and intent."
106.15 Cross-reference
Cross Reference: See also chs. ILHR 816 and 820, Wis. adm. code.
106.16
106.16
Notification of position openings. 106.16(1)(a)
(a) "Company" means any business operated for profit.
106.16(2)
(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.
106.16(3)
(3) A state agency or an authority under
ch. 231 or
234 shall notify the department of commerce if it makes a loan or grant to a company.
106.16(4)(a)(a) The department shall, upon complaint by any person or on its own motion, investigate any allegation that a company has violated
sub. (2) if the complaint is filed with the department no more than 300 days after the alleged violation occurred.
106.16(4)(b)
(b) If after investigation under
par. (a) the department finds probable cause to believe that a company has violated
sub. (2), the department shall notify the company of the department's finding of probable cause, of the actions specified under
par. (d) that the department proposes to take and of the company's right to request a hearing regarding the alleged violation of
sub. (2).
106.16(4)(c)
(c) A company that receives a notice under
par. (b) may, within 30 days after the date of the notice, request a contested case hearing under
s. 227.42. If the department does not receive a request for a contested case hearing under
s. 227.42 within 30 days after the date of the notice under
par. (b), the department shall issue a final decision that the company has violated
sub. (2) and take the actions specified under
par. (d).
106.16(4)(d)
(d) If the department receives a request under
par. (c) for a hearing, the department shall hold a hearing as provided under
s. 227.44. If, after hearing, the department finds that a company has violated
sub. (2), the department shall issue a final decision under
s. 227.47 that the company has violated
sub. (2) and shall order the company to take any remedial action that the department considers appropriate based on the severity of the noncompliance with
sub. (2).
106.16 History
History: 1985 a. 285,
332;
1987 a. 27,
399;
1991 a. 39;
1995 a. 27 ss.
3716 and
9116 (5); Stats. 1995 s. 106.16;
1999 a. 9.
106.17
106.17
Local labor market information. 106.17(1)
(1) The department shall collect information concerning local labor markets and periodically prepare reports dealing with labor forces at a local level in this state for general circulation.
106.17(2)
(2) The collection and distribution of local labor market information under
sub. (1) shall be funded only from the appropriations under
s. 20.445 (1) (m),
(ma) and
(n).
106.17 History
History: 1987 a. 27;
1995 a. 27 s.
3717; Stats. 1995 s. 106.17.
106.19
106.19
Trade adjustment assistance overpayment waiver. 106.19(1)(1) On or before October 8, 1989, the department shall establish a policy for waiving recovery of overpayments made under the federal adjustment assistance for workers program under
19 USC 2272 to
2318.
106.19(2)
(2) The waiver policy shall require the department to grant a waiver if all of the following apply:
106.19(2)(a)
(a) The overpayment was not the fault of the person who received it.
106.19(2)(b)
(b) Requiring repayment would be contrary to equity and good conscience.
106.19(3)
(3) The department shall do all of the following:
106.19(3)(a)
(a) Notify all of the following persons of the waiver policy and the person's right to request a waiver:
