Definition of personal assistance services for the purposes of vocational rehabilitation; updating reference to federal vocational rehabilitation law; updating references to the federal Workforce Innovation and Opportuni, the official text

2025 - 2026 LEGISLATURE
LRB-6073/1
MIM:cdc

2025 ASSEMBLY BILL 936
January 28, 2026 - Introduced by Law Revision Committee. Referred to Committee on Rules.

An Act to amend 47.01 (3m), 47.02 (1), 102.28 (3) (a) 2., 103.34 (7) (a) 4., 103.91 (2) (a), 106.11, 106.13 (2), 106.15 (1) (a), 106.15 (1) (b), 106.15 (1) (c), 106.15 (1) (d), 106.15 (7), 106.16 (2), 106.27 (1m) and 109.07 (1m) (a) of the statutes; relating to: definition of personal assistance services for the purposes of vocational rehabilitation; updating reference to federal vocational rehabilitation law; updating references to the federal Workforce Innovation and Opportunity Act of 2014; updating reference to federal law for certificate of registration as a migrant labor contractor; updating statutory reference to federal Social Security Act; and updating references to federal law for safety standards for vehicles used to transport traveling sales crews (suggested as remedial legislation by the Department of Workforce Development).

Analysis by the Legislative Reference Bureau
This bill updates references to the federal Workforce Investment Act of 1998, which was repealed and largely replaced by the federal Workforce Innovation and Opportunity Act of 2014.
The bill updates a reference to a definition under federal law of “personal assistance services” for the purposes of vocational rehabilitation.
The bill updates references to federal vocational rehabilitation statutes that have been repealed and replaces the references with the current references.
The bill updates a statutory reference to the federal Social Security Act in the Worker’s Compensation Act.
The bill updates statutory references to federal law regarding safety standards that are prescribed by the federal secretary of transportation and that are applicable to the maintenance and operation of motor vehicles that are commonly used to transport traveling sales crew workers.
Finally, the bill updates a statutory reference to a federal law for a certificate of registration as a migrant labor contractor. Under current law, no person may engage in activities as a migrant labor contractor without first receiving a certificate of registration from the Department of Workforce Development, and an applicant may submit a copy of the contractor’s federal application for a certificate of registration as a farm labor contractor in lieu of submitting the forms prescribed by DWD.
For further information, see the Notes provided by the Law Revision Committee of the Joint Legislative Council.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
Law Revision Committee prefatory note: This bill is a remedial legislation proposal, requested by the Department of Workforce Development and introduced by the Law Revision Committee under s. 13.83 (1) (c) 4. and 5., stats. After careful consideration of the various provisions of the bill, the Law Revision Committee has determined that this bill makes minor substantive changes in the statutes, and that these changes are desirable as a matter of public policy.

Section 1. 47.01 (3m) of the statutes is amended to read:
47.01 (3m) “Personal assistance services” has the meaning given in 29 USC 706 (11) 705 (28).
Note: This Section updates the reference to a current federal definition of “personal assistance services” for the purposes of vocational rehabilitation.
Section 2. 47.02 (1) of the statutes is amended to read:
47.02 (1) The state agrees to accept the provisions of 29 USC 701 to 796i 796L, the rehabilitation act of 1973 as amended, and the provisions of 34 CFR 300
to 399 to carry out the purposes of the act and to adopt methods of administering the vocational rehabilitation program which will maximize federal participation. The department shall sign agreements with the federal government under 29 USC 701 to 796i 796L to provide vocational rehabilitation services.
Note: This Section replaces a reference to a federal statute related to vocational rehabilitation with the current federal statutory reference.
Section 3. 102.28 (3) (a) 2. of the statutes is amended to read:
102.28 (3) (a) 2. An affidavit by the employee or, if the employee is a minor, by the employee and his or her parent or guardian stating that the employee is a member of a recognized religious sect and that, as a result of the employee’s adherence to the established tenets or teachings of the religious sect, the employee is conscientiously opposed to accepting the benefits of any public or private insurance that makes payments in the event of death, disability, old age or retirement, or that makes payments toward the cost of or provides medical care, including any benefits provided under the federal social security act, 42 USC 301 to 1397f 1397mm.
Note: This Section updates a citation to the federal social security act.
Section 4. 103.34 (7) (a) 4. of the statutes is amended to read:
103.34 (7) (a) 4. Any safety standards prescribed by the federal secretary of transportation under 49 USC 13101 to 14915 14916, 49 USC 30101 30172 to 30170 30183, and 49 USC 31101 31100 to 31504 and any other chapter of title 49 of the United States Code that are applicable to the maintenance and operation of a motor vehicle that is commonly used to transport traveling sales crew workers.
Note: This Section updates citations to federal statutes authorizing the federal secretary of transportation to establish safety standards applicable to the maintenance and operation of vehicles used to transport traveling sales crew workers.
Section 5. 103.91 (2) (a) of the statutes is amended to read:

103.91 (2) (a) A migrant labor contractor shall apply to the department for a certificate in such manner and on such forms as the department prescribes. The migrant labor contractor may submit a copy of a federal application filed under 7 29 USC 2045 1812 in lieu of the forms prescribed by the department under this paragraph.
Note: This Section updates a citation to a federal statute relating to a certificate of registration for a migrant labor contractor.
Section 6. 106.11 of the statutes is amended to read:
106.11 Workforce investment programs. The department shall cooperate with the federal government in carrying out the purposes of the federal Workforce Investment Innovation and Opportunity Act of 1998 2014, 29 USC 2801 to 2945 3101 to 3361. 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 3122, establish a statewide workforce investment system to meet the employment, training, and educational needs of persons in this state. If a local workforce development board anticipates that there may be a business closing or mass layoff under s. 109.07 in the area served by that board, the board may prepare a list of resources available in that area that provide career planning, job search, job skills training, and other support services for affected employees, as defined in s. 109.07 (1) (a), including contact information for those resources, for distribution to those employees under s. 109.07 (1m) (a).
Note: This Section updates the name of the federal Workforce Innovation and Opportunity Act of 2014 (formerly the federal Workforce Investment Act of 1998) and replaces outdated citations to the WIA with citations to the WIOA.
Section 7. 106.13 (2) of the statutes is amended to read:

106.13 (2) The council on workforce investment established under 29 USC 2821 3111, the technical college system board, and the department of public instruction shall assist the department in providing the youth apprenticeship program under sub. (1).
Section 8. 106.15 (1) (a) of the statutes is amended to read:
106.15 (1) (a) “Council” means the council on workforce investment established under 29 USC 2821 3111.
Section 9. 106.15 (1) (b) of the statutes is amended to read:
106.15 (1) (b) “Dislocated worker” has the meaning given in 29 USC 2801 (9) 3102 (15).
Section 10. 106.15 (1) (c) of the statutes is amended to read:
106.15 (1) (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 3172 to 3174.
Section 11. 106.15 (1) (d) of the statutes is amended to read:
106.15 (1) (d) “Local plan” means a local plan required under 29 USC 2833 3123 as a condition for a grant.
Section 12. 106.15 (7) of the statutes is amended to read:
106.15 (7) Funding. From the amounts appropriated under s. 20.445 (1) (m), all moneys received under 29 USC 2862 to 2864 3172 to 3174 shall be expended to fund grants and operations under this section.
Section 13. 106.16 (2) of the statutes is amended to read:
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 3122, 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.
Section 14. 106.27 (1m) of the statutes is amended to read:
106.27 (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 3122, employers, job seekers, and the general public, including making that information available on the department’s Internet site.
Section 15. 109.07 (1m) (a) of the statutes is amended to read:
109.07 (1m) (a) Subject to sub. (5) or (6), an employer that has decided upon a business closing or mass layoff in this state shall promptly notify the subunit of the department that administers s. 106.15, any affected employee, any collective bargaining representative of any affected employee, and the highest official of any municipality in which the affected employment site is located, in writing of such action no later than 60 days prior to the date on which the business closing or mass layoff takes place. The notice to an affected employee shall also include contact
information for the local workforce development board under 29 USC 2832 3122 serving the area in which the employment site is located and, if available, the list of resources prepared under s. 106.11. The employer shall provide in writing all information concerning its payroll, affected employees, and the wages and other remuneration owed to those employees as the department may require. The department may in addition require the employer to submit a plan setting forth the manner in which final payment in full shall be made to affected employees.
Note: Sections 7 through 15 update citations to the federal Workforce Innovation and Opportunity Act of 2014.
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