AB803,1 1Section 1. 103.503 (title) of the statutes is amended to read:
AB803,3,3 2103.503 (title) Substance abuse prevention on public works and public
3utility
projects.
AB803,2 4Section 2. 103.503 (1) (a) of the statutes is amended to read:
AB803,3,95 103.503 (1) (a) "Accident" means an incident caused, contributed to, or
6otherwise involving an employee that resulted or could have resulted in death,
7personal injury, or property damage and that occurred while the employee was
8performing the work described in s. 66.0903 (4) or 103.49 (2m) on a project of public
9works or while the employee was performing work on a public utility project
.
AB803,3 10Section 3. 103.503 (1) (c) of the statutes is amended to read:
AB803,4,4
1103.503 (1) (c) "Contracting agency" means a local governmental unit, as
2defined in s. 66.0903 (1) (d), or a state agency, as defined in s. 103.49 (1) (f), that has
3contracted for the performance of work on a project of public works or a public utility
4that has contracted for the performance of work on a public utility project
.
AB803,4 5Section 4. 103.503 (1) (e) of the statutes is amended to read:
AB803,4,86 103.503 (1) (e) "Employee" means a laborer, worker, mechanic, or truck driver
7who performs the work described in s. 66.0903 (4) or 103.49 (2m) on a project of public
8works or on a public utility project
.
AB803,5 9Section 5. 103.503 (1) (f) of the statutes is amended to read:
AB803,4,1210 103.503 (1) (f) "Employer" means a contractor, subcontractor, or agent of a
11contractor or subcontractor that performs work on a project of public works or on a
12public utility project
.
AB803,6 13Section 6. 103.503 (1) (g) of the statutes is amended to read:
AB803,4,1514 103.503 (1) (g) "Project" " Project of public works" means a project of public
15works that is subject to s. 66.0903 or 103.49.
AB803,7 16Section 7. 103.503 (1) (h) of the statutes is created to read:
AB803,4,2017 103.503 (1) (h) "Public utility" has the meaning given in s. 196.01 (5) and
18includes a telecommunications carrier, as defined in s. 196.01 (8m), an alternative
19telecommunications utility, as defined in s. 196.01 (1d), or a cooperative association
20organized under ch. 185 to furnish gas, light, heat, power, or water to its members.
AB803,8 21Section 8. 103.503 (1) (i) of the statutes is created to read:
AB803,4,2322 103.503 (1) (i) "Public utility project" means a project erected, constructed,
23repaired, remodeled, or demolished for a public utility on a public right-of-way.
AB803,9 24Section 9. 103.503 (2) of the statutes is amended to read:
AB803,5,7
1103.503 (2) Substance abuse prohibited. No employee may use, possess,
2attempt to possess, distribute, deliver, or be under the influence of a drug, or use or
3be under the influence of alcohol, while performing the work described in s. 66.0903
4(4) or 103.49 (2m) on a project of public works or while performing work on a public
5utility project
. An employee is considered to be under the influence of alcohol for
6purposes of this subsection if he or she has an alcohol concentration that is equal to
7or greater than the amount specified in s. 885.235 (1g) (d).
AB803,10 8Section 10. 103.503 (3) (a) (intro.) of the statutes is amended to read:
AB803,5,129 103.503 (3) (a) (intro.) Before an employer may commence work on a project of
10public works or a public utility project
, the employer shall have in place a written
11program for the prevention of substance abuse among its employees. At a minimum,
12the program shall include all of the following:
AB803,11 13Section 11. 103.503 (3) (a) 2. of the statutes is amended to read:
AB803,5,2114 103.503 (3) (a) 2. A requirement that employees performing the work described
15in s. 66.0903 (4) or 103.49 (2m) on a project of public works or performing work on
16a public utility project
submit to random, reasonable suspicion, and post-accident
17drug and alcohol testing and to drug and alcohol testing before commencing work on
18 a the project, except that testing of an employee before commencing work on a
19project is not required if the employee has been participating in a random testing
20program during the 90 days preceding the date on which the employee commenced
21work on the project.
AB803,12 22Section 12. 103.503 (3) (a) 3. of the statutes is amended to read:
AB803,6,223 103.503 (3) (a) 3. A procedure for notifying an employee who violates sub. (2),
24who tests positive for the presence of a drug in his or her system, or who refuses to
25submit to drug or alcohol testing as required under the program that the employee

1may not perform work on a project of public works or a public utility project until he
2or she meets the conditions specified in sub. (4) (b) 1. and 2.
AB803,13 3Section 13. 103.503 (4) (a) (intro.) of the statutes is amended to read:
AB803,6,104 103.503 (4) (a) (intro.) No employer may permit an employee who violates sub.
5(2), who tests positive for the presence of a drug in his or her system, or who refuses
6to submit to drug or alcohol testing as required under the employer's substance abuse
7prevention program under sub. (3) to perform work on a project of public works or
8a public utility project
until he or she meets the conditions specified in par. (b) 1. and
92. An employer shall immediately remove an employee from work on such a project
10if any of the following occurs:
AB803,14 11Section 14. 103.503 (4m) of the statutes is created to read:
AB803,6,1412 103.503 (4m) Public utility project employees; nonapplicability. This
13section does not apply to an employee performing work on a public utility project who
14is subject to drug or alcohol testing under 49 CFR Parts 40, 199, or 382.
AB803,15 15Section 15. 346.072 (title) of the statutes is amended to read:
AB803,6,17 16346.072 (title) Passing stopped emergency or roadside service vehicles,
17tow trucks and highway machinery equipment
.
AB803,16 18Section 16. 346.072 (1) of the statutes is renumbered 346.072 (1m) and
19amended to read:
AB803,7,220 346.072 (1m) If an authorized emergency vehicle giving visual signal, a tow
21truck flashing red lamps, as required by s. 347.26 (6) (b), or any road machinery or
22motor vehicle used in highway construction or maintenance displaying the lights
23specified in s. 347.23 (1) (a) or (b) or, with respect to a motor vehicle, displaying the
24lights specified in s. 347.26 (7),
emergency or roadside service vehicle is parked or
25standing on or within 12 feet of a roadway, the operator of a motor vehicle

1approaching such vehicle or machinery the emergency or roadside service vehicle
2shall proceed with due regard for all other traffic and shall do either of the following:
AB803,7,93 (a) Move the motor vehicle into a lane that is not the lane nearest the parked
4or standing vehicle or machinery emergency or roadside service vehicle and continue
5traveling in that lane until safely clear of the vehicle or machinery emergency or
6roadside service vehicle
. This paragraph applies only if the roadway has at least two
7lanes for traffic proceeding in the direction of the approaching motor vehicle and if
8the approaching motor vehicle may change lanes safely and without interfering with
9any vehicular traffic.
AB803,7,1510 (b) Slow the motor vehicle, maintaining a safe speed for traffic conditions, and
11operate the motor vehicle at a reduced speed until completely past the vehicle or
12machinery
emergency or roadside service vehicle. This paragraph applies only if the
13roadway has only one lane for traffic proceeding in the direction of the approaching
14motor vehicle or if the approaching motor vehicle may not change lanes safely and
15without interfering with any vehicular traffic.
AB803,17 16Section 17. 346.072 (1g) of the statutes is created to read:
AB803,7,1817 346.072 (1g) In this section, "emergency or roadside service vehicle" means any
18of the following:
AB803,7,1919 (a) An authorized emergency vehicle giving visual signal.
AB803,7,2020 (b) A tow truck flashing red lamps, as required by s. 347.26 (6) (b).
AB803,7,2321 (c) Any road machinery or motor vehicle used in highway construction or
22maintenance displaying the lights specified in s. 347.23 (1) (a) or (b) or, with respect
23to a motor vehicle, displaying the lights specified in s. 347.26 (7).
AB803,8,3
1(d) Any vehicle of a public utility, telecommunications carrier, or cooperative
2association described in s. 347.26 (9) displaying one or more flashing amber lamps
3as provided in s. 347.26 (9).
AB803,18 4Section 18. Initial applicability.
AB803,8,145 (1) Substance abuse prevention on public utility projects. This act first
6applies, with respect to a public utility project, as defined in section 103.503 (1) (i)
7of the statutes, as created by this act, that is subject to bidding, to a project for which
8the request for bids is issued on the effective date of this subsection and, with respect
9to a public utility project, as so defined, that is not subject to bidding, to a project the
10contract for which is entered into on the effective date of this subsection, except that
11this act first applies to an employee who is affected by a collective bargaining
12agreement that contains provisions that are inconsistent with this act on the day on
13which the collective bargaining agreement expires or is extended, modified, or
14renewed, whichever occurs first.
AB803,8,1515 (End)
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