AB1005: Bill Text

LRB-5284/1

RAC:kmg&mkd:kat

1995 - 1996 LEGISLATURE

1995 Assembly BILL 1005

March 13, 1996 - Introduced by Representatives Foti, Freese, Duff, Powers, Notestein, Ward, Musser, Seratti, Hahn, Gronemus and Grothman, cosponsored by Senators Panzer and Fitzgerald. Referred to Committee on Labor and Employment.

AB1005,1,4 An Act to amend 230.36 (1), 230.36 (3) (b) (intro.), 230.36 (3) (e) (intro.), 230.36 (3) (e) 2., 230.36 (3) (e) 3. and 230.36 (3) (e) 4.; and to repeal and recreate 230.36 (1) of the statutes; relating to: hazardous duty pay for field employes of the department of transportation.

Analysis by the Legislative Reference Bureau

Under current law, certain state employes who are injured while performing duties that entail a considerable risk of injury or danger are entitled to receive full pay and other benefits, such as no reduction in sick leave credits, compensatory time for overtime accumulations or vacation, during the period in which they are unable to work because of the injury. These employes include members of the state patrol and state probation and parole officers.

This bill requires that field employes of the department of transportation (DOT) be included among the state employes who are entitled to the above-mentioned pay and other benefits during periods in which they are unable to work because of injuries sustained while performing dangerous or high-risk duties or working on certain DOT projects.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB1005, s. 1 Section 1. 230.36 (1) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1005,3,8 230.36 (1) If a conservation warden, conservation patrol boat captain, conservation patrol boat engineer, state forest ranger, conservation field employe of the department of natural resources who is subject to call for fire control duty, member of the state patrol, state motor vehicle inspector, field employe of the department of transportation, lifeguard, excise tax investigator employed by the department of revenue, special criminal investigation agent employed by the department of justice, special tax agent, state drivers' license examiner, state fair park police officer, University of Wisconsin System police officer and other state facilities police officer and patrol officer, security officer, watcher, engineer, engineering aide, building construction superintendent, fire fighter employed at the Wisconsin Veterans Home, or guard or institutional aide or a state probation and parole officer or any other employe whose duties include supervision and discipline of inmates or wards of the state at a state penal institution, including a secured correctional facility, as defined in s. 48.02 (15m), or while on parole supervision outside of the confines of the institutions, or supervision of persons placed on probation by a court of record, or supervision and care of patients at a state mental institution, and the University of Wisconsin Hospitals and Clinics suffers injury while in the performance of his or her duties, as defined in subs. (2) and (3); or any other state employe who is not listed in this subsection and who is ordered by his or her appointing authority to accompany any employe listed in this subsection while the listed employe is engaged in the duties defined in sub. (3), or any other state employe who is not listed in this subsection and who is ordered by his or her appointing authority to perform the duties, when permitted, in lieu of the listed employe and while so engaged in the duties defined in sub. (3), suffers injury as defined in sub. (2) the employe shall continue to be fully paid by the employing agency upon the same basis as paid prior to the injury, with no reduction in sick leave credits, compensatory time for overtime accumulations or vacation and no reduction in the rate of earning sick leave credit or vacation. The full pay shall continue while the employe is unable to return to work as the result of the injury or until the termination of his or her employment upon recommendation of the appointing authority. At any time during the employe's period of disability the appointing authority may order physical or medical examinations to determine the degree of disability at the expense of the employing agency.

AB1005, s. 2 Section 2. 230.36 (1) of the statutes, as affected by 1995 Wisconsin Acts 77 and .... (this act), is repealed and recreated to read:

AB1005,4,18 230.36 (1) If a conservation warden, conservation patrol boat captain, conservation patrol boat engineer, state forest ranger, conservation field employe of the department of natural resources who is subject to call for fire control duty, member of the state patrol, state motor vehicle inspector, field employe of the department of transportation, lifeguard, excise tax investigator employed by the department of revenue, special criminal investigation agent employed by the department of justice, special tax agent, state drivers' license examiner, state fair park police officer, University of Wisconsin System police officer and other state facilities police officer and patrol officer, security officer, watcher, engineer, engineering aide, building construction superintendent, fire fighter employed at the Wisconsin Veterans Home, or guard or institutional aide or a state probation and parole officer or any other employe whose duties include supervision and discipline of inmates or wards of the state at a state penal institution, including a secured correctional facility, as defined in s. 938.02 (15m), or while on parole supervision outside of the confines of the institutions, or supervision of persons placed on probation by a court of record, or supervision and care of patients at a state mental institution, and the University of Wisconsin Hospitals and Clinics suffers injury while in the performance of his or her duties, as defined in subs. (2) and (3); or any other state employe who is not listed in this subsection and who is ordered by his or her appointing authority to accompany any employe listed in this subsection while the listed employe is engaged in the duties defined in sub. (3), or any other state employe who is not listed in this subsection and who is ordered by his or her appointing authority to perform the duties, when permitted, in lieu of the listed employe and while so engaged in the duties defined in sub. (3), suffers injury as defined in sub. (2) the employe shall continue to be fully paid by the employing agency upon the same basis as paid prior to the injury, with no reduction in sick leave credits, compensatory time for overtime accumulations or vacation and no reduction in the rate of earning sick leave credit or vacation. The full pay shall continue while the employe is unable to return to work as the result of the injury or until the termination of his or her employment upon recommendation of the appointing authority. At any time during the employe's period of disability the appointing authority may order physical or medical examinations to determine the degree of disability at the expense of the employing agency.

AB1005, s. 3 Section 3. 230.36 (3) (b) (intro.) of the statutes is amended to read:

AB1005,5,2 230.36 (3) (b) (intro.) A conservation warden, conservation patrol boat captain, conservation patrol boat engineer, member of the state patrol, state motor vehicle inspector, field employe of the department of transportation, university of Wisconsin system police officer, security officer, watcher, state fair park police officer, special tax agent, excise tax investigator employed by the department of revenue and special criminal investigation agent employed by the department of justice at all times while:

AB1005, s. 4 Section 4. 230.36 (3) (e) (intro.) of the statutes is amended to read:

AB1005,5,6 230.36 (3) (e) (intro.) An engineering aide, engineer , field employe of the department of transportation or building construction superintendent at all times while:

AB1005, s. 5 Section 5. 230.36 (3) (e) 2. of the statutes is amended to read:

AB1005,5,9 230.36 (3) (e) 2. Surveying, working or inspecting within the right of way of highways on which traffic is maintained.

AB1005, s. 6 Section 6. 230.36 (3) (e) 3. of the statutes is amended to read:

AB1005,5,12 230.36 (3) (e) 3. Surveying, working or inspecting on construction sites where heavy equipment is operating.

AB1005, s. 7 Section 7. 230.36 (3) (e) 4. of the statutes is amended to read:

AB1005,5,15 230.36 (3) (e) 4. Investigating, constructing, repairing or inspecting highways, structures or terrain under hazardous conditions.

AB1005, s. 8 Section 8. Initial applicability.

AB1005,5,19 (1) Subject to subsection (2), this act first applies to a field employe of the department of transportation who sustains an injury, as defined in section 230.36 (2) of the statutes, on the effective date of this subsection.

AB1005,5,24 (2) This act first applies to field employes of the department of transportation, who are affected by a collective bargaining agreement that contains provisions inconsistent with this act, on the day after the collective bargaining agreement expires or on the day on which the collective bargaining agreement is extended, modified or renewed.

AB1005, s. 9 Section 9. Effective dates. This act takes effect on the day after publication, except as follows:

AB1005,6,4 (1) The repeal and recreation of section 230.36 (1) of the statutes takes effect on July 1, 1996.

AB1005,6,5 (End)