Chapter 106

106.16(4) (4) 

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; 2011 a. 32.

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; 2015 a. 348; 2017 a. 370.

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)(a)1. 1. A person from whom the department attempts to recover an overpayment made under 19 USC 2272 to 2318.

106.19(3)(a)2. 2. A person from whom the department is in the process of recovering an overpayment made under 19 USC 2272 to 2318.

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) (2) Definitions. In this section:

106.26(2)(a) (a) “Eligible applicant” means a local public body or a private organization.

106.26(2)(b) (b) “Local public body” has the meaning given in s. 85.20 (1) (d).

106.26(2)(c) (c) “Mass transit system” has the meaning given in s. 85.20 (1) (e).

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)(a) (a) To conduct a project.

106.26(3)(b) (b) To make and execute contracts with eligible applicants.

106.26(3)(c) (c) To make grants from the appropriation under s. 20.445 (1) (fg) 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 percent 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; 2015 a. 348; 2017 a. 370.

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. Grants awarded under this subsection may include any of the following:

106.27(1)(a) (a) Grants for collaborative projects among school districts, technical colleges, and businesses to provide high school students with industry-recognized certifications in high-demand fields, as determined by the department.

106.27(1)(b) (b)

106.27(1)(b)1. 1. Grants for programs that train teachers and that train individuals to become teachers, including teachers in dual enrollment programs.

106.27(1)(b)2. 2. In this paragraph:

106.27(1)(b)2.a. a. “Dual enrollment program” means a program or course of study designed to provide high school students the opportunity to gain credits in both technical college and high school, including transcripted credit programs or other educational services provided by contract between a school district and a technical college.

106.27(1)(b)2.b. b. “Teacher” includes an instructor at a technical college under ch. 38.

106.27(1)(c) (c) Grants for the development of public-private partnerships designed to improve workforce retention through employee support and training.

106.27(1)(d) (d) Grants to nonprofit organizations, institutions of higher education, as defined in 20 USC 1001 (a) and (b), and employers to increase the number of students who are placed with employers for internships.

106.27(1)(e) (e) Grants to community-based organizations for public-private partnerships to create and implement a nursing training program for middle school and high school students.

106.27(1)(f) (f) Grants to school districts to fund building modifications needed to support school districts’ technical education programs.

106.27(1)(g) (g) Grants for programs that promote the attraction and retention of personal care workers.

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(1j) (1j) Workforce training program; grants for mobile classrooms and institutional job centers.

106.27(1j)(a) (a) Of the amounts appropriated under s. 20.445 (1) (b), the department shall allocate for grants to the department of corrections to fund the creation and operation of mobile classrooms.

106.27(1j)(ac) (ac) Of the amounts appropriated under s. 20.445 (1) (b), the department shall, in the 2023-25 fiscal biennium, allocate $975,800 in each fiscal year for grants to the department of corrections to support instructor costs for the mobile classrooms described under par. (a).

106.27(1j)(ad) (ad) In this paragraph, “eligible institution” means a minimum security correctional institution or a medium security prison. Of the amounts appropriated under s. 20.445 (1) (b), the department shall allocate grants to the department of corrections to fund the creation and operation of institutional job centers at eligible institutions.

106.27(1j)(am) (am) Of the amounts appropriated under s. 20.445 (1) (b), the department may allocate up to $50,000 in each fiscal year for grants to fund the upkeep and maintenance of the mobile classrooms described under par. (a).

106.27(1j)(b) (b) The mobile classrooms described under par. (a) shall be used to provide job skills training to individuals in underserved areas of this state, including inmates at correctional facilities who are preparing for reentry into the workforce.

106.27(1j)(c) (c) The department of corrections may use the grant money awarded under par. (a) to purchase capital equipment, such as a mobile or modular unit, that will be used as a mobile classroom, including costs to modify the equipment to make it suitable for classroom instruction, and to purchase and install any furniture, equipment, and supplies necessary or desirable for outfitting the mobile classroom for the job skills training that will be provided in the mobile classroom.

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(1r) (1r) Student internship coordination. From the appropriation under s. 20.445 (1) (b), the department shall provide coordination between nonprofit organizations and institutions of higher education, as defined in 20 USC 1001 (a) and (b), and employers to increase the number of students who are placed with employers for internships.

106.27(1u) (1u) Shipbuilders; training grants. From the appropriation under s. 20.445 (1) (b), in each year of the 2019-21 fiscal biennium, the department shall allocate $1,000,000 for grants to shipbuilders in this state to train new and current employees.

106.27(2g) (2g) Implementation.

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), (1g), and (1j) (am) and prescribe the form, nature, and extent of the information that must be contained in an application for a grant under sub. (1), (1g), or (1j) (am).

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 and detailing the amounts allocated to and expended for each of the programs, grants, and services specified in s. 20.445 (1) (b) and (bm) for that 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) or (1j); 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 students who participate in certification or training programs under sub. (1) (a) or (e) or (1g) (b), on the building modifications funded under sub. (1) (f) and the effect of those building modifications on the school districts’ technical education programs, and on the number of persons with disabilities who participate in employment enhancement activities under sub. (1g) (c). In addition, the report shall provide information on the number of student interns who are placed with employers as a result of the coordination activities conducted under sub. (1r) or the grants awarded under sub. (1) (d).

106.27 History History: 2013 a. 9, 139; 2015 a. 283, 348; 2017 a. 59; 2019 a. 9; 2023 a. 19.

106.27 Cross-reference Cross-reference: See also ch. DWD 801, Wis. adm. code.

106.271 106.271 Worker training and employment program.