AB21: Bill Text

LRB-0729/2

GMM:nwn&jld:jf

2009 - 2010 LEGISLATURE

2009 Assembly BILL 21

February 5, 2009 - Introduced by Representative Schneider. Referred to Committee on Workforce Development.

AB21,1,4 An Act to amend 111.322 (2m) (a) and 111.322 (2m) (b); and to create 103.88 and 106.54 (8) of the statutes; relating to: discharge from employment of a passenger-for-hire vehicle operator solely on the basis of having been involved in a single motor vehicle accident.

Analysis by the Legislative Reference Bureau

Under current law, the owner of a vehicle operated for the conveyance of passengers for hire is liable for all injuries and damage done by a person employed by the owner as an operator of the vehicle while operating the vehicle in the same manner as the operator would be liable.

This bill prohibits a person engaged in the business of operating a vehicle for the conveyance of passengers for hire (employer) from discharging from employment an individual who is employed by the employer to operate such a vehicle (operator) solely on the basis of the operator having been involved in a single motor vehicle accident. The bill also prohibits an employer from discharging or discriminating against an operator or other employee in promotion, in compensation, or in the terms, conditions, or privileges of employment for opposing the discharge of an operator in violation of the bill, for filing a complaint or attempting to enforce the right of an operator not to be discharged in violation of the bill, or for testifying or assisting in any action or proceeding to enforce that right.

An operator or other employee who is discharged or discriminated against in violation of the bill may file a complaint with the Department of Workforce Development (DWD), and DWD must process the complaint in the same manner that employment discrimination complaints are processed under current law, which processing may include the ordering of back pay, reinstatement, costs, and attorney fees. In addition, an employer that discharges or discriminates against an operator or other employee in violation of the bill is debarred from being awarded a contract by a state agency or local governmental unit for three years after DWD or a court finds that the employer committed the violation.

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:

AB21, s. 1 Section 1. 103.88 of the statutes is created to read:

AB21,2,3 103.88 Discharge of passenger-for-hire vehicle operator. (1) Definitions. In this section:

AB21,2,6 (a) "Employer" means a person engaged in the business of operating a vehicle for the conveyance of passengers for hire that employs at least one individual as an operator.

AB21,2,7 (b) "Local governmental unit" has the meaning given in s. 66.0903 (1) (d).

AB21,2,9 (c) "Operator" means an individual who is employed by an employer to operate a vehicle for the conveyance of passengers for hire.

AB21,2,10 (d) "State agency" has the meaning given in s. 103.49 (1) (f).

AB21,2,13 (2) Discharge on basis of single accident prohibited. No employer may discharge an operator from employment solely on the basis of the operator having been involved in a single motor vehicle accident.

AB21,3,2 (3) Retaliation prohibited. An employer may not discharge or discriminate against an operator or other employee in promotion, in compensation, or in the terms, conditions, or privileges of employment for opposing a practice prohibited under sub. (2), filing a complaint or attempting to enforce any right under sub. (2), or testifying or assisting in any action or proceeding to enforce any right under sub. (2).

AB21,3,11 (4) Enforcement. An operator or other employee who is discharged or discriminated against in violation of sub. (2) or (3) may file a complaint with the department, and the department shall process the complaint in the same manner that employment discrimination complaints are processed under s. 111.39. If the department finds that a violation of sub. (2) or (3) has been committed, the department may order the employer to take such action under s. 111.39 as will effectuate the purpose of this section. Section 111.322 (2m) applies to discharge or other discriminatory acts arising in connection with any proceeding under this subsection.

AB21,3,21 (5) Debarment. In addition to ordering an employer that has violated sub. (2) or (3) to take such action as will effectuate the purpose of this section, the department shall distribute to all state agencies and local governmental units a list of all persons that the department has found to have violated sub. (2) or (3) at any time in the preceding 3 years. The department shall include with any name the address of the person and shall specify when the person committed the violation. A state agency or local governmental unit may not award any contract to the person unless otherwise recommended by the department or unless 3 years have elapsed from the date on which the department issued its findings or the date of final determination by a court of competent jurisdiction, whichever is later.

AB21, s. 2 Section 2. 106.54 (8) of the statutes is created to read:

AB21,3,25 106.54 (8) The division shall receive complaints under s. 103.88 (4) of violations of s. 103.88 (2) and (3) and shall process those complaints in the same manner that employment discrimination complaints are processed under s. 111.39.

AB21, s. 3 Section 3. 111.322 (2m) (a) of the statutes is amended to read:

AB21,4,5 111.322 (2m) (a) The individual files a complaint or attempts to enforce any right under s. 103.02, 103.10, 103.13, 103.28, 103.32, 103.455, 103.50, 103.88, 104.12, 109.03, 109.07, 109.075, or 146.997 or ss. 101.58 to 101.599 or 103.64 to 103.82.

AB21, s. 4 Section 4. 111.322 (2m) (b) of the statutes is amended to read:

AB21,4,10 111.322 (2m) (b) The individual testifies or assists in any action or proceeding held under or to enforce any right under s. 103.02, 103.10, 103.13, 103.28, 103.32, 103.455, 103.50, 103.88, 104.12, 109.03, 109.07, 109.075, or 146.997 or ss. 101.58 to 101.599 or 103.64 to 103.82.

AB21, s. 5 Section 5. Initial applicability.

AB21,4,16 (1) Collective bargaining agreements. This act first applies to an operator, as defined in section 103.88 (1) (b) of the statutes, as created by this act, who is affected by a collective bargaining agreement that contains provisions inconsistent with this act on the day on which the collective bargaining agreement expires or is extended, modified, or renewed, whichever occurs first.

AB21,4,17 (End)