Amendment JR2 SA2-SSA1-AB1

AB1-SSA1-SA2, s. 267kd Section 267kd. 100.261 (3) (d) of the statutes is created to read:

AB1-SSA1-SA2,277,13 100.261 (3) (d) The state treasurer shall deposit the consumer protection assessment amounts imposed for a violation of this chapter, a rule promulgated under this chapter, or an ordinance enacted under this chapter in the general fund and shall credit them to the appropriation account under s. 20.455 (1) (g), subject to the limit under par. (e).

AB1-SSA1-SA2, s. 267ke Section 267ke. 100.261 (3) (e) of the statutes is created to read:

AB1-SSA1-SA2,277,16 100.261 (3) (e) The amount credited to the appropriation account under s. 20.455 (1) (g) may not exceed $185,000 in each fiscal year.

AB1-SSA1-SA2, s. 267kf Section 267kf. 100.263 of the statutes is amended to read:

AB1-SSA1-SA2,278,4 100.263 Recovery. In addition to other remedies available under this chapter, the court may award the department the reasonable and necessary costs of investigation and an amount reasonably necessary to remedy the harmful effects of the violation and the court may award the department of justice the reasonable and necessary expenses of prosecution, including attorney fees, from any person who violates this chapter. The department and the department of justice amounts awarded under this subsection shall deposit be deposited in the state treasury for deposit in the general fund all moneys that the court awards to the department, the department of justice or the state under this section. Ten percent of the money deposited in the general fund that was awarded under this section for the costs of investigation and the expenses of prosecution, including attorney fees, shall be credited to the appropriation account under s. 20.455 (1) (gh).

AB1-SSA1-SA2, s. 267kh Section 267kh. 100.28 (4) (b) of the statutes is amended to read:

AB1-SSA1-SA2,278,8 100.28 (4) (b) In lieu of or in addition to forfeitures under par. (a), the department of justice may seek an injunction restraining any person from violating this section.

AB1-SSA1-SA2, s. 267kj Section 267kj. 100.28 (4) (c) of the statutes is amended to read:

AB1-SSA1-SA2,278,12 100.28 (4) (c) The department of justice, or any district attorney upon the request of the department of justice, may commence an action in the name of the state under par. (a) or (b).

AB1-SSA1-SA2, s. 267kL Section 267kL. 100.31 (4) of the statutes is amended to read:

AB1-SSA1-SA2,278,19 100.31 (4) Penalties. For any violation of this section, the department of justice or a district attorney may commence an action on behalf of the state to recover a forfeiture of not less than $100 nor more than $10,000 for each offense. Each delivery of a drug sold to a purchaser at a price in violation of this section and each separate day in violation of an injunction issued under this section is a separate offense.

AB1-SSA1-SA2, s. 267kn Section 267kn. 100.31 (5) of the statutes is amended to read:

AB1-SSA1-SA2,279,2 100.31 (5) Special remedies. The department of justice or a district attorney may bring an action to enjoin a violation of this section without being compelled to allege or prove that an adequate remedy at law does not exist. An action under this subsection may be commenced and prosecuted by the department of justice or a district attorney, in the name of the state, in a circuit court in the county where the offense occurred or in Dane County, notwithstanding s. 801.50.

AB1-SSA1-SA2, s. 267ko Section 267ko. 100.37 (1) (am) of the statutes is created to read:

AB1-SSA1-SA2,279,5 100.37 (1) (am) Notwithstanding s. 93.01 (3), "department" means the department of justice.

AB1-SSA1-SA2, s. 267kp Section 267kp. 100.38 (5) of the statutes is amended to read:

AB1-SSA1-SA2,279,10 100.38 (5) Inspection. The department of justice shall enforce this section by inspection, chemical analyses or any other appropriate method and the department of justice may promulgate such rules as are necessary to effectively enforce this section.

AB1-SSA1-SA2, s. 267kq Section 267kq. 100.38 (6) of the statutes is amended to read:

AB1-SSA1-SA2,279,14 100.38 (6) Enforcement. It is unlawful to sell any antifreeze which is adulterated or misbranded. In addition to the penalties provided under sub. (7), the department of justice may bring an action to enjoin violations of this section.

AB1-SSA1-SA2, s. 267kr Section 267kr. 100.41 (1) (bn) of the statutes is created to read:

AB1-SSA1-SA2,279,17 100.41 (1) (bn) Notwithstanding s. 93.01 (3), "department" means the department of justice.

AB1-SSA1-SA2, s. 267ks Section 267ks. 100.42 (1) (cm) of the statutes is created to read:

AB1-SSA1-SA2,279,20 100.42 (1) (cm) Notwithstanding s. 93.01 (3), "department" means the department of justice.

AB1-SSA1-SA2, s. 267kt Section 267kt. 100.43 (1) (am) of the statutes is created to read:

AB1-SSA1-SA2,279,23 100.43 (1) (am) Notwithstanding s. 93.01 (3), "department" means the department of justice.

AB1-SSA1-SA2, s. 267ku Section 267ku. 100.44 (5) of the statutes is amended to read:

AB1-SSA1-SA2,280,7 100.44 (5) Enforcement. For any violation of sub. (3), the department of justice may, on behalf of the state, bring an action in any court of competent jurisdiction for the recovery of forfeitures authorized under sub. (4), for temporary or permanent injunctive relief and for any other appropriate relief. The court may make any order or judgment that is necessary to restore to any person any pecuniary loss suffered because of a violation of sub. (3) if proof of the loss is shown to the satisfaction of the court.

AB1-SSA1-SA2, s. 267kv Section 267kv. 100.46 (1) of the statutes is amended to read:

AB1-SSA1-SA2,280,11 100.46 (1) Energy conservation standards. The department of justice may by rule adopt energy conservation standards for products that have been established in or promulgated under 42 USC 6291 to 6309.

AB1-SSA1-SA2, s. 267kw Section 267kw. 100.46 (2) of the statutes is amended to read:

AB1-SSA1-SA2,280,17 100.46 (2) Prohibited acts; enforcement. No person may sell at retail, install or cause to be installed any product that is not in compliance with rules promulgated under sub. (1). In addition to other penalties and enforcement procedures, the department of justice may apply to a court for a temporary or permanent injunction restraining any person from violating a rule adopted under sub. (1).

AB1-SSA1-SA2, s. 267kx Section 267kx. 100.50 (6) (b) of the statutes is amended to read:

AB1-SSA1-SA2,280,21 100.50 (6) (b) In lieu of or in addition to the remedy under par. (a), the department of justice may seek an injunction restraining any person from violating this section.

AB1-SSA1-SA2, s. 267ky Section 267ky. 100.50 (6) (c) of the statutes is amended to read:

AB1-SSA1-SA2,280,25 100.50 (6) (c) The department of justice, or any district attorney upon the request of the department of justice, may commence an action in the name of the state under par. (a) or (b).

AB1-SSA1-SA2, s. 267kz Section 267kz. 100.52 (1) (bn) of the statutes is created to read:

AB1-SSA1-SA2,281,3 100.52 (1) (bn) Notwithstanding s. 93.01 (3), "department" means the department of justice.".

AB1-SSA1-SA2,281,4 350. Page 156, line 9: after that line insert:

AB1-SSA1-SA2,281,5 " Section 267n. 101.03 of the statutes is amended to read:

AB1-SSA1-SA2,281,7 101.03 Testimonial powers of secretary and deputy. The secretary or any deputy secretary may certify to official acts, and take testimony.".

AB1-SSA1-SA2,281,8 351. Page 156, line 20: after that line insert:

AB1-SSA1-SA2,281,9 " Section 269m. 101.175 (3) (intro.) of the statutes is amended to read:

AB1-SSA1-SA2,281,13 101.175 (3) (intro.) The department, in consultation with the department of agriculture, trade and consumer protection justice, shall establish by rule quality standards for local energy resource systems which do not impede development of innovative systems but which do:".

AB1-SSA1-SA2,281,14 352. Page 157, line 22: after that line insert:

AB1-SSA1-SA2,281,15 " Section 274h. 103.67 (1) of the statutes is amended to read:

AB1-SSA1-SA2,281,21 103.67 (1) A minor 14 to 18 years of age shall may not be employed or permitted to work in any gainful occupation during the hours that the minor is required to attend school under s. 118.15 unless the minor has completed high school, except that any minor may be employed in a public exhibitions exhibition as provided in s. 103.78 and a minor 16 years of age or over may be employed as an election inspector as provided in s. 7.30 (2) (am).

AB1-SSA1-SA2, s. 274j Section 274j. 103.68 (1) of the statutes is amended to read:

AB1-SSA1-SA2,282,3 103.68 (1) No minor shall be employed or permitted to work at any gainful occupation other than domestic service or, farm labor, or service as an election inspector under s. 7.30 (2) (am) for more than 8 hours in any one day nor more than 40 hours nor more than 6 days in any one week, nor during such hours as the minor is required under s. 118.15 (2) to attend school.

AB1-SSA1-SA2, s. 274L Section 274L. 103.70 (2) of the statutes is amended to read:

AB1-SSA1-SA2,282,11 103.70 (2) Minors may be employed without permits in any employment limited to work in or around a home in work usual to the home of the employer, if the employment is not in connection with or a part of the business, trade , or profession of the employer, is in accordance with the minimum age stated in s. 103.67 (2) (d) (f), and is not specifically prohibited by ss. 103.64 to 103.82 or by any order of the department. Minors may also be employed without permits as election inspectors as provided in s. 7.30 (2) (am).".

AB1-SSA1-SA2,282,12 353. Page 157, line 22: after that line insert:

AB1-SSA1-SA2,282,13 " Section 274m. 106.50 (5m) (d) of the statutes is amended to read:

AB1-SSA1-SA2,283,2 106.50 (5m) (d) Nothing in this section requires that housing be made available to an individual whose tenancy would constitute a direct threat to the safety of other tenants or persons employed on the property or whose tenancy would result in substantial physical damage to the property of others, if the risk of direct threat or damage cannot be eliminated or sufficiently reduced through reasonable accommodations. A claim that an individual's tenancy poses a direct threat or a substantial risk of harm or damage must be evidenced by behavior by the individual which that caused harm or damage, which that directly threatened harm or damage , or which that caused a reasonable fear of harm or damage to other tenants, persons employed on the property, or the property. No claim that an individual's tenancy would constitute a direct threat to the safety of other persons or would result in substantial damage to property may be based on the fact that a tenant has been or may be the victim of domestic abuse, as defined in s. 813.12 (1) (a) (am).".

AB1-SSA1-SA2,283,3 354. Page 157, line 22: after that line insert:

AB1-SSA1-SA2,283,4 " Section 274c. 103.49 (5) (a) of the statutes is amended to read:

AB1-SSA1-SA2,283,21 103.49 (5) (a) Each contractor, subcontractor, or contractor's or subcontractor's agent performing work on a project that is subject to this section shall keep full and accurate records clearly indicating the name and trade or occupation of every person performing the work described in sub. (2m) and an accurate record of the number of hours worked by each of those persons and the actual wages paid for the hours worked. If requested by any person, a contractor, subcontractor, or contractor's or subcontractor's agent performing work on a project that is subject to this section shall permit that person to inspect and copy any of those records to the same extent as if the record were maintained by the department, except that s. 19.36 (3) does not limit the duty of a subcontractor or a contractor's or subcontractor's agent to permit inspection and copying of a record under this paragraph. Before permitting the inspection and copying of a record under this paragraph, a contractor, subcontractor, or contractor's or subcontractor's agent shall delete from the record any personally identifiable information, as defined in s. 19.62 (5), contained in the record about any person performing the work described in sub. (2m) other than the trade or occupation of the person, the number of hours worked by the person, and the actual wages paid for those hours worked.

AB1-SSA1-SA2, s. 274cd Section 274cd. 103.49 (6m) (a) of the statutes is renumbered 103.49 (6m) (ar).

AB1-SSA1-SA2, s. 274cf Section 274cf. 103.49 (6m) (ag) of the statutes is created to read:

AB1-SSA1-SA2,284,13 103.49 (6m) (ag) Any contractor, subcontractor, or contractor's or subcontractor's agent who fails to pay the prevailing wage rate determined by the department under sub. (3) or who pays less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor is liable to any affected employee in the amount of the employee's unpaid wages or unpaid overtime compensation. An employee may recover that liability by filing a wage claim with the department under s. 109.09 (1) or by commencing an action under s. 109.03 (5) in any court of competent jurisdiction, for and in behalf of that employee and other employees similarly situated. No employee may be a party plaintiff to an action commenced under s. 109.03 (5) unless the employee consents in writing to become a party and the consent is filed in the court in which the action is brought. Notwithstanding s. 814.04 (1), the court shall, in addition to any judgment awarded to the plaintiff, allow reasonable attorney fees and costs to be paid by the defendant.

AB1-SSA1-SA2, s. 274ch Section 274ch. 103.49 (6m) (f) of the statutes is amended to read:

AB1-SSA1-SA2,284,17 103.49 (6m) (f) Paragraph (a) (ar) does not apply to any person who fails to provide any information to the department to assist the department in determining prevailing wage rates under sub. (3) (a) or (am).

AB1-SSA1-SA2, s. 274cj Section 274cj. 103.50 (6m) of the statutes is created to read:

AB1-SSA1-SA2,285,10 103.50 (6m) Records; inspection. Each contractor, subcontractor, or contractor's or subcontractor's agent performing work on a project that is subject to this section shall keep full and accurate records clearly indicating the name and trade or occupation of every person performing the work described in sub. (2m) and an accurate record of the number of hours worked by each of those persons and the actual wages paid for the hours worked. If requested by any person, a contractor, subcontractor, or contractor's or subcontractor's agent performing work on a project that is subject to this section shall permit that person to inspect and copy any of those records to the same extent as if the record were maintained by the department, except that s. 19.36 (3) does not limit the duty of a subcontractor or a contractor's or subcontractor's agent to permit inspection and copying of a record under this subsection. Before permitting the inspection and copying of a record under this subsection, a contractor, subcontractor, or contractor's or subcontractor's agent shall delete from the record any personally identifiable information, as defined in s. 19.62 (5), contained in the record about any person performing the work described in sub. (2m) other than the trade or occupation of the person, the number of hours worked by the person, and the actual wages paid for those hours worked.

AB1-SSA1-SA2, s. 274cm Section 274cm. 103.50 (7) (a) of the statutes is renumbered 103.50 (7) (ar).

AB1-SSA1-SA2, s. 274cn Section 274cn. 103.50 (7) (ag) of the statutes is created to read:

AB1-SSA1-SA2,285,25 103.50 (7) (ag) Any contractor, subcontractor, or contractor's or subcontractor's agent who fails to pay the prevailing wage rate determined under sub. (3) or (4) or who pays less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor is liable to any affected employee in the amount of the employee's unpaid wages or unpaid overtime compensation. An employee may recover that liability by filing a wage claim with the department of transportation under par. (am) or by commencing an action under s. 109.03 (5) in any court of competent jurisdiction, for and in behalf of that employee and other employees similarly situated. No employee may be a party plaintiff to an action commenced under s. 109.03 (5) unless the employee consents in writing to become a party and the consent is filed in the court in which the action is brought. Notwithstanding s. 814.04 (1), the court shall, in addition to any judgment awarded to the plaintiff, allow reasonable attorney fees and costs to be paid by the defendant.

AB1-SSA1-SA2, s. 274cp Section 274cp. 103.50 (7) (am) of the statutes is created to read:

AB1-SSA1-SA2,286,22 103.50 (7) (am) An employee may also recover the liability specified in par. (ag) by filing a wage claim with the department of transportation for and in behalf of that employee and other employees similarly situated. On receipt of a wage claim filed under this paragraph, the department of transportation shall investigate the wage claim and, on completion of the investigation, may sue the employer on behalf of the employee to collect the wage claim or refer the wage claim to the district attorney of the county in which the work is located for prosecution and collection. If the department of transportation decides not to sue the employer to collect the wage claim or refer the wage claim to the district attorney, the department of transportation shall refer the wage claim to the department of justice for prosecution and collection. On receipt of a wage claim, a district attorney or the department of justice shall investigate as necessary and, if the wage claim appears to be valid, commence an action in the circuit court having appropriate jurisdiction to collect the wage claim. The department of transportation may receive and investigate a wage claim under this paragraph that is filed no later than 2 years after the date on which the unpaid wages or unpaid overtime compensation was due. After receiving a wage claim under this paragraph, the department of transportation may investigate any unpaid wages or unpaid overtime compensation due from the contractor, subcontractor, or agent against whom the wage claim was filed to any employee during the period commencing 2 years before the date on which the wage claim was filed.

AB1-SSA1-SA2, s. 274cr Section 274cr. 103.50 (7) (f) of the statutes is amended to read:

AB1-SSA1-SA2,287,3 103.50 (7) (f) Paragraph (a) (ar) does not apply to any person who fails to provide any information to the department to assist the department in determining prevailing wage rates under sub. (3) or (4).

AB1-SSA1-SA2, s. 274ct Section 274ct. 103.50 (8) of the statutes is amended to read:

AB1-SSA1-SA2,287,14 103.50 (8) Enforcement and prosecution. The department of transportation shall require adherence to subs. (2), (2m), and (6). The department of transportation may demand and examine, and every contractor, subcontractor, and contractor's or subcontractor's agent shall keep and furnish, upon request by the department of transportation, copies of payrolls and other records and information relating to compliance with this section. Upon request of the department of transportation or upon complaint of alleged violation, the district attorney of the county in which the work is located shall investigate as necessary and prosecute violations in a court of competent jurisdiction. Section 111.322 (2m) applies to discharge and other discriminatory acts arising in connection with any proceeding under this section.".

AB1-SSA1-SA2,287,15 355. Page 157, line 22: after that line insert:

AB1-SSA1-SA2,287,16 " Section 274b. 103.005 (16) of the statutes is amended to read:

AB1-SSA1-SA2,287,18 103.005 (16) Each of the commissioners, or the secretary or any deputy secretary may certify to official acts, and take testimony.".

AB1-SSA1-SA2,287,19 356. Page 158, line 11: after that line insert:

AB1-SSA1-SA2,287,20 " Section 276h. 109.03 (5) of the statutes is amended to read:

AB1-SSA1-SA2,288,7 109.03 (5) Enforcement. Except as provided in sub. (1), no employer may by special contract with employees or by any other means secure exemption from this section. Each employee shall have a right of action against any employer for the full amount of the employee's wages due on each regular pay day as provided in this section and for increased wages as provided in s. 109.11 (2), in any court of competent jurisdiction. An employee may bring an action against an employer under this subsection without first filing a wage claim with the department of workforce development under s. 109.09 (1) or with the department of transportation under s. 103.50 (7) (am). An employee who brings an action against an employer under this subsection shall have a lien upon all property of the employer, real or personal, located in this state as described in s. 109.09 (2).

AB1-SSA1-SA2, s. 276j Section 276j. 109.09 (1) of the statutes is amended to read:

AB1-SSA1-SA2,289,12 109.09 (1) The department shall investigate and attempt equitably to adjust controversies between employers and employees as to alleged wage claims. The department may receive and investigate any wage claim which that is filed with the department, or received by the department under s. 109.10 (4), no later than 2 years after the date the wages are due. The department may, after receiving a wage claim, investigate any wages due from the employer against whom the claim is filed to any employee during the period commencing 2 years before the date the claim is filed. The department shall enforce this chapter and ss. 66.0903, 103.02, 103.32, 103.49, 103.82, 104.12, and 229.8275. In pursuance of this duty, the department may sue the employer on behalf of the employee to collect any wage claim or wage deficiency, and ss. 109.03 (6) and 109.11 (2) and (3) shall apply to such actions. Except for actions under s. 109.10, the department may refer such an action to the district attorney of the county in which the violation occurs for prosecution and collection , and the district attorney shall investigate as necessary and, if the wage claim or wage deficiency appears to be valid, commence an action in the circuit court having appropriate jurisdiction to collect the wage claim or wage deficiency. If the department decides not to sue the employer to collect a wage claim or wage deficiency arising under s. 66.0903 or 103.49 or refer such a wage claim or wage deficiency to the district attorney, the department shall refer the wage claim or wage deficiency to the department of justice, and the department of justice shall investigate as necessary and, if the wage claim or wage deficiency appears to be valid, commence an action in the circuit court having appropriate jurisdiction to collect the wage claim or wage deficiency. Any number of wage claims or wage deficiencies against the same employer may be joined in a single proceeding, but the court may order separate trials or hearings. In actions that are referred to a district attorney under this subsection, any taxable costs recovered by the district attorney shall be paid into the general fund of the county in which the violation occurs and used by that county to meet its financial responsibility under s. 978.13 (2) for the operation of the office of the district attorney who prosecuted the action.".

AB1-SSA1-SA2,289,13 357. Page 158, line 22: after that line insert:

AB1-SSA1-SA2,289,14 " Section 276p. 109.11 (1) (c) of the statutes is amended to read:

AB1-SSA1-SA2,289,19 109.11 (1) (c) If an employer does not agree to compromise and settle a wage claim under this subsection, the department may refer the wage claim to a district attorney under s. 109.09 (1) or to the department of justice under s. 109.09 (1) or 109.10 (3) for commencement of an action in circuit court to collect the amount of wages due and unpaid plus increased wages as specified in sub. (2) (b).".

AB1-SSA1-SA2,289,20 358. Page 159, line 3: after that line insert:

AB1-SSA1-SA2,289,21 " Section 277gm. 111.91 (2) (n) of the statutes is amended to read:

AB1-SSA1-SA2,289,23 111.91 (2) (n) The provision to employees of the health insurance coverage required under s. 632.895 (11) to (14) (15).

AB1-SSA1-SA2, s. 277hm Section 277hm. 111.91 (2) (qm) of the statutes is created to read:

AB1-SSA1-SA2,290,3 111.91 (2) (qm) The requirements under s. 632.89 related to coverage of treatment for nervous and mental disorders and alcoholism and other drug abuse problems.".