LRB-0990/4
EVM&CMH:jld&cjs
2015 - 2016 LEGISLATURE
January 15, 2016 - Introduced by Representatives Loudenbeck, A. Ott, Berceau,
Kremer and T. Larson, cosponsored by Senators Petrowski, Risser and
Ringhand. Referred to Committee on Health.
AB736,1,2
1An Act to create 66.1022 and 111.70 (4) (md) of the statutes;
relating to: proof
2of physical fitness requirement for certain local transit employees.
Analysis by the Legislative Reference Bureau
Under this bill, persons who are employed by certain mass transit systems as
bus drivers must, on certain occasions, provide proof of physical fitness. This proof
includes documentation that the person has had a medical examination and that the
person meets federal standards for physical qualifications to operate a commercial
motor vehicle. This requirement is a prohibited subject of collective bargaining.
For further information see the local 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:
AB736,1
3Section
1. 66.1022 of the statutes is created to read:
AB736,1,5
466.1022 Proof of physical fitness required for certain transit positions. 5(1) In this section:
AB736,2,36
(a) "Proof of physical fitness" means a medical examiner's certificate that is
7signed by a person authorized to sign a medical examiner's certificate under
49 CFR
1391.43 and that provides that the person being examined is physically qualified to
2operate a commercial motor vehicle under
49 CFR 391.41, or a medical examination
3report for an "S" or "P" endorsement.
AB736,2,64
(b) "Transit employee" means an employee of a system receiving funding under
5s. 85.20 if the employee operates a motor bus, as defined in s. 340.01 (31), as part of
6his or her job.
AB736,2,8
7(2) A transit employee shall, as a condition of employment, provide proof of
8physical fitness to his or her employer at all of the following times:
AB736,2,99
(a) The time of hire.
AB736,2,1210
(b) If the employee has not attained the age of 70 years, once every 2 years and,
11if more frequent examination is recommended by the person signing the certificate
12of physical examination, at the times recommended by that person.
AB736,2,1513
(c) If the employee has attained the age of 70 years, every year and, if more
14frequent examination is recommended by the person signing the certificate of
15physical examination, at the times recommended by that person.
AB736,2,18
16(3) An employer of a transit employee shall provide the transit employee with
17notice of the requirement to provide proof of physical fitness at least 30 days before
18the proof of physical fitness is due under sub. (2).
AB736,2
19Section
2. 111.70 (4) (md) of the statutes is created to read:
AB736,2,2320
111.70
(4) (md)
Prohibited subjects of bargaining; transit employees. The
21municipal employer is prohibited from bargaining collectively with a collective
22bargaining unit containing a transit employee with respect to the requirement under
23s. 66.1022 for transit employees to provide proof of physical fitness.
AB736,3
24Section
3.
Initial applicability.
AB736,3,3
1(1) This act first applies to collective bargaining agreements entered into,
2extended, modified, or renewed, whichever occurs first, on the effective date of this
3subsection.
AB736,4
4Section
4.
Effective date.
AB736,3,65
(1)
This act takes effect on the first day of the 13th month beginning after
6publication.
