2013 - 2014 LEGISLATURE
ASSEMBLY AMENDMENT 1,
TO SENATE BILL 1
March 6, 2013 - Offered by Representatives Vruwink,
Danou, Kahl, Pasch,
Zamarripa, Pope, Hebl, Kessler, Ringhand, Berceau, Ohnstad, Sinicki,
Clark, Richards, Young, Bewley, Genrich, Smith, Shankland, Doyle,
Wachs, Kolste, Zepnick, Goyke, Riemer, Wright, Johnson, Hesselbein,
Billings, Hintz, Jorgensen and Barca.
At the locations indicated, amend the bill
, as shown by senate substitute 2
amendment 2, as follows:
106.165 of the statutes is created to read:
5106.165 Notification of iron mining position openings. (1)
In this 6
(a) "Appropriate newspaper" means one of the following:
1. The official newspaper of the city, village, town, or county containing the 9
work site where a position will be located.
2. If no newspaper satisfies subd. 1., a newspaper of general circulation in the 11
city, village, town, or county containing the work site where a position will be located 12
that is published in this state and that is eligible to publish legal notices under s. 13
(b) "Iron mining company" means a person that holds a permit under s. 295.58.
An iron mining company shall do all of the following with respect to each 3
position in the company that is related to an iron mine and is to be filled in this state:
(a) Notify the department and the local workforce development board 5
established under 29 USC 2832
serving the area where the position is located about 6
the position and post the position on the department's job center Internet site for at 7
least 30 days.
(b) Post notice of the position for at least 14 days in a location at the work site 9
where the position will be located in one or more conspicuous places where notices 10
to employees are customarily posted.
(c) Place an advertisement in an appropriate newspaper at least once a week 12
for 2 consecutive weeks that, at a minimum, includes a description of the position and 13
how a person may apply for the position, the name of the employer, and the location 14
of the work site.
(d) Provide notice of the position to each technical college and institution within 16
the University of Wisconsin System that is located within 250 miles of where the 17
position is located.
An iron mining company may not do any of the following with respect to a 19
position in the company that is related to an iron mine and is to be filled in this state 20
before it has complied with sub. (2):
(a) Post notice of the position on a trade association Internet site or in a trade 22
(b) Post notice of the position on any Internet job search site, except as provided 24
in sub. (2) (a).
(c) Recruit applicants for the position at any job fair located outside this state.
(d) Recruit applicants for the position at any institution of higher education 2
outside this state.
(e) Advertise the position in any newspaper or on any radio or television station 4
located outside this state.
(f) Use any employment agency to recruit applicants from outside this state for 6
(a) The department shall, upon complaint by any person or on its own 8
motion, investigate any allegation that an iron mining company has violated sub. (2) 9
or (3) if the complaint is filed with the department no more than 300 days after the 10
alleged violation occurred.
(b) If after investigation under par. (a) the department finds probable cause to 12
believe that an iron mining company has violated sub. (2) or (3), the department shall 13
notify the iron mining company of the department's finding of probable cause, of the 14
actions specified under par. (d) that the department proposes to take, and of the iron 15
mining company's right to request a hearing regarding the alleged violation of sub. 16
(2) or (3).
(c) An iron mining company that receives a notice under par. (b) may, within 18
30 days after the date of the notice, request a contested case hearing under s. 227.42. 19
If the department does not receive a request for a contested case hearing under s. 20
227.42 within 30 days after the date of the notice under par. (b), the department shall 21
issue a final decision that the company has violated sub. (2) or (3) and take the actions 22
specified under par. (d).
(d) If the department receives a request under par. (c) for a hearing, the 24
department shall hold a hearing as provided under s. 227.44. If, after the hearing, 25
the department finds that an iron mining company has violated sub. (2) or (3), the
department shall issue a final decision under s. 227.47 that the company has violated 2
sub. (2) or (3) and shall order the iron mining company to take any remedial action 3
that the department considers appropriate based on the severity of the 4
noncompliance with sub. (2) or (3).".