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(7)
(7) Funding. From the amounts appropriated under
s. 20.445 (1) (m), all moneys received under
29 USC 2862 to
2864 shall be expended to fund grants and operations under this section.
106.15 Note
NOTE: This section was created by
1985 Act 153. Section 2 of Act 153 is entitled "Legislative purpose and intent."
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 Wisconsin Economic Development Corporation 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).
106.17
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) and
(n).
106.17 History
History: 1987 a. 27;
1995 a. 27 s.
3717; Stats. 1995 s. 106.17;
2003 a. 33.
106.18
106.18
Youth programs in 1st class cities. From the appropriation account under
s. 20.445 (1) (fm), the department shall implement and operate youth summer jobs programs in 1st class cities.
106.18 History
History: 2007 a. 20.
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:
106.19(3)(b)
(b) Comply with the guidelines issued by the U.S. secretary of labor under
19 USC 2315 in connection with the waiver policy.
106.19(3)(c)
(c) Establish the waiver policy by rule, using the procedure under
s. 227.24.
106.19 History
History: 1989 a. 31;
1995 a. 27 s.
3719; Stats. 1995 s. 106.19.
106.19 Cross-reference
Cross-reference: See also ch.
DWD 135, Wis. adm. code.
106.25
106.25
Public insurrection; death and disability benefits. 106.25(1)(1)
Definition. In this section, "public insurrection" means a civil disturbance in which a group or groups of persons are simultaneously engaged in acts of violence against persons or property by the illegal use of weapons, by burning, pillaging or looting or by committing any other illegal acts, and which is of such a magnitude as to result in any of the following:
106.25(1)(am)
(am) Extraordinary utilization of off-duty local law enforcement personnel.
106.25(1)(b)
(b) Declaration of a public emergency by the governor.
106.25(1)(c)
(c) The calling of the national guard or other troops.
106.25(2)
(2) Death and disability benefits. If the department finds that the injury or death of a state or local government officer or employee arose out of the performance of duties in connection with a public insurrection, and finds that death or disability benefits are payable under
ch. 102, a supplemental award equal to the amount of the benefits, other than medical expense, payable under
ch. 102 shall be made to the persons and in the same manner provided by
ch. 102, except that when benefits are payable under
s. 102.49, a supplemental award equal to one-half the benefits payable under that section shall be made.
106.25(3)
(3) Payments. All payments under this section shall be made from the general fund.
106.25(4)
(4) Benefits additional to all others. Death and disability benefits under this section are in addition to all other benefits provided by state law or by action of any municipality or public agency.
106.25 History
History: 1971 c. 40;
1975 c. 199;
1975 c. 404 s.
7;
1975 c. 405 s.
7; Stats. 1975 s. 101.47;
1977 c. 29 s.
1651;
1995 a. 27 s.
3726; Stats. 1995 s. 106.25;
1995 a. 225,
257.
106.26
106.26
Employment transit assistance program. 106.26(1)(1)
Findings and purpose. The legislature finds that, for many workers and persons seeking employment in outlying suburban and sparsely populated and developed areas, conventional, fixed-route mass transit systems do not provide adequate transportation service. The purpose of the employment transit assistance program under this section is to correct this deficiency in access to employment locations and to stimulate the development of innovative transit service methods.
106.26(2)(a)
(a) "Eligible applicant" means a local public body or a private organization.
106.26(2)(d)
(d) "Project" means a project designed to improve access to jobs, including part-time jobs and Wisconsin works employment positions, as defined in
s. 49.141 (1) (r), located in outlying suburban and sparsely populated and developed areas that are not adequately served by a mass transit system and to develop innovative transit service methods.
106.26(3)
(3) Administration. The department shall administer the employment transit assistance program and shall have all powers necessary and convenient to implement this section, including the following:
106.26(3)(b)
(b) To make and execute contracts with eligible applicants.
106.26(3)(c)
(c) To make grants to eligible applicants to conduct projects or to match a federal grant awarded to an eligible applicant to conduct a project. Grants by the department are subject to all of the following requirements:
106.26(3)(c)1.
1. A grant may not exceed 80% of the total cost of a project.
106.26(3)(c)2.
2. A grant may only be made to an eligible applicant that provides access to nontemporary employment or to Wisconsin works employment positions, as defined in
s. 49.141 (1) (r).
106.26(3)(d)
(d) To receive and review applications from eligible applicants for grants under this section and to prescribe the form, nature and extent of information that shall be included in applications.
106.26(3)(e)
(e) To establish criteria for evaluating applications for grants under this section.
106.26 History
History: 1989 a. 31;
1995 a. 27 s.
3526m; Stats. 1995 s. 106.26;
1997 a. 27;
2003 a. 33.
106.27
106.27
Workforce training program. 106.27(1)
(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. 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.
106.27(1g)
(1g) Workforce training program; expanded purposes. Of the amounts appropriated under
s. 20.445 (1) (b) in the 2013-15 fiscal biennium, the department shall allocate $35,400,000 for all of the following:
106.27(1g)(a)
(a) Grants to technical colleges for the reduction of waiting lists for enrollment in programs and courses in high-demand fields, as determined by the department.
106.27(1g)(b)
(b) Grants for collaborative projects among school districts, technical colleges, and businesses to provide high school pupils with industry-recognized certifications in high-demand fields, as determined by the department.
106.27(1g)(c)
(c) Grants to public and private organizations or services provided by the department to enhance employment opportunities for persons with disabilities.
106.27(1g)(d)
(d) Administration of the grants and services under
par. (a) to
(c) and, if the department determines that the full amount of the allocation under this subsection will not be needed for grants and services under
pars. (a) to
(c) and for administration of those grants and services under this paragraph, grants under
sub. (1).
106.27(1m)
(1m) Labor market information system. From the appropriation under
s. 20.445 (1) (bm), the department shall develop and maintain a labor market information system to collect, analyze, and disseminate information on current and projected employment opportunities in this state and other appropriate information relating to labor market dynamics as determined by the department. The department shall make the information contained in the system available, free of charge, to school districts, technical colleges, tribal colleges, institutions and college campuses within the University of Wisconsin System, local workforce development boards established under
29 USC 2832, employers, job seekers, and the general public, including making that information available on the department's Internet site.
106.27(2g)(a)(a)
Duties. To implement this section, the department shall do all of the following:
106.27(2g)(a)1.
1. Promulgate rules prescribing procedures and criteria for awarding grants under
sub. (1) and the information with respect to those grants that must be contained in the reports required under
subd. 3.
106.27(2g)(a)2.
2. Receive and review applications for grants under
subs. (1) and
(1g) and prescribe the form, nature, and extent of the information that must be contained in an application for a grant under
sub. (1) or
(1g).
106.27(2g)(a)3.
3. Require reports from grant recipients describing how the grant moneys received by a grant recipient were expended and the outcomes achieved as a result of the training program, waiting-list reduction activities, certification program, or employment enhancement activities implemented by the grant recipient.
106.27(2g)(b)
(b)
Powers. In addition to the duties described in
par. (a), the department shall have all other powers necessary and convenient to implement this section, including the power to audit and inspect the records of grant recipients.
106.27(2m)
(2m) Consultation. The department shall consult with the technical college system board and the Wisconsin Economic Development Corporation in implementing this section.
106.27(3)
(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 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 after participating in such a training program; and the wages earned by those workers and employees 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).
106.27 History
History: 2013 a. 9,
139.
106.30
106.30
Nursing workforce survey and grant. 106.30(1)
(1)
Definition. In this section, "nurse" means a registered nurse licensed under
s. 441.06 or permitted under
s. 441.08, a licensed practical nurse licensed or permitted under
s. 441.10, an advanced practice nurse prescriber certified under
s. 441.16 (2), or a nurse-midwife licensed under
s. 441.15.
106.30(2)
(2) Survey form. Each odd-numbered year, the department of workforce development shall develop and submit to the department of safety and professional services a survey form to gather data under
s. 441.01 (7) (a) 1. to assist the department of workforce development in evaluating the supply of, demand for, and turnover among nurses in this state and in determining whether there are any regional shortages of nurses, shortages of nurses in any speciality areas, or impediments to entering the nursing profession in this state.
106.30(3)
(3) Survey results. Beginning in 2011, by September 30 of each odd-numbered year, the department shall compile, process, and evaluate the survey results and submit a report of its findings to the speaker of the assembly and the president of the senate under
s. 13.172 (3) and to the governor, the secretary of health services, and the nurse resource center described in
sub. (5).
106.30(4)
(4) Costs of survey. The department may use no more than 12 percent of the amount received under
s. 20.445 (1) (km) for costs incurred by the department under
subs. (2) and
(3).
