AB1-SSA1-SA2,279,221
100.31
(5) Special remedies. The department
of justice or a district attorney
22may bring an action to enjoin a violation of this section without being compelled to
23allege or prove that an adequate remedy at law does not exist. An action under this
24subsection may be commenced and prosecuted by the department
of justice or a
1district attorney, in the name of the state, in a circuit court in the county where the
2offense occurred or in Dane County, notwithstanding s. 801.50.
AB1-SSA1-SA2,279,54
100.37
(1) (am) Notwithstanding s. 93.01 (3), "department" means the
5department of justice.
AB1-SSA1-SA2,279,107
100.38
(5) Inspection. The department
of justice shall enforce this section by
8inspection, chemical analyses or any other appropriate method and the department
9of justice may promulgate such rules as are necessary to effectively enforce this
10section.
AB1-SSA1-SA2,279,1412
100.38
(6) Enforcement. It is unlawful to sell any antifreeze which is
13adulterated or misbranded. In addition to the penalties provided under sub. (7), the
14department
of justice may bring an action to enjoin violations of this section.
AB1-SSA1-SA2,279,1716
100.41
(1) (bn) Notwithstanding s. 93.01 (3), "department" means the
17department of justice.
AB1-SSA1-SA2,279,2019
100.42
(1) (cm) Notwithstanding s. 93.01 (3), "department" means the
20department of justice.
AB1-SSA1-SA2,279,2322
100.43
(1) (am) Notwithstanding s. 93.01 (3), "department" means the
23department of justice.
AB1-SSA1-SA2,280,7
1100.44
(5) Enforcement. For any violation of sub. (3), the department
of justice 2may, on behalf of the state, bring an action in any court of competent jurisdiction for
3the recovery of forfeitures authorized under sub. (4), for temporary or permanent
4injunctive relief and for any other appropriate relief. The court may make any order
5or judgment that is necessary to restore to any person any pecuniary loss suffered
6because of a violation of sub. (3) if proof of the loss is shown to the satisfaction of the
7court.
AB1-SSA1-SA2,280,119
100.46
(1) Energy conservation standards. The department
of justice may by
10rule adopt energy conservation standards for products that have been established in
11or promulgated under
42 USC 6291 to
6309.
AB1-SSA1-SA2,280,1713
100.46
(2) Prohibited acts; enforcement. No person may sell at retail, install
14or cause to be installed any product that is not in compliance with rules promulgated
15under sub. (1). In addition to other penalties and enforcement procedures, the
16department
of justice may apply to a court for a temporary or permanent injunction
17restraining any person from violating a rule adopted under sub. (1).
AB1-SSA1-SA2,280,2119
100.50
(6) (b) In lieu of or in addition to the remedy under par. (a), the
20department
of justice may seek an injunction restraining any person from violating
21this section.
AB1-SSA1-SA2,280,2523
100.50
(6) (c) The department
of justice, or any district attorney upon the
24request of the department
of justice, may commence an action in the name of the
25state under par. (a) or (b).
AB1-SSA1-SA2,281,32
100.52
(1) (bn) Notwithstanding s. 93.01 (3), "department" means the
3department of justice.".
AB1-SSA1-SA2,281,7
6101.03 Testimonial powers of secretary
and deputy. The secretary
or any
7deputy secretary may certify to official acts, and take testimony.".
AB1-SSA1-SA2,281,9
9"
Section 269m. 101.175 (3) (intro.) of the statutes is amended to read:
AB1-SSA1-SA2,281,1310
101.175
(3) (intro.) The department, in consultation with the department of
11agriculture, trade and consumer protection justice, shall establish by rule quality
12standards for local energy resource systems which do not impede development of
13innovative systems but which do:".
AB1-SSA1-SA2,281,2116
103.67
(1) A minor 14 to 18 years of age
shall may not be employed or permitted
17to work in any gainful occupation during the hours that the minor is required to
18attend school under s. 118.15 unless the minor has completed high school, except that
19any minor may be employed in
a public
exhibitions exhibition as provided in s. 103.78
20and a minor 16 years of age or over may be employed as an election inspector as
21provided in s. 7.30 (2) (am).
AB1-SSA1-SA2,282,323
103.68
(1) No minor shall be employed or permitted to work at any gainful
24occupation other than domestic service
or, farm labor
, or service as an election
1inspector under s. 7.30 (2) (am) for more than 8 hours in any one day nor more than
240 hours nor more than 6 days in any one week, nor during such hours as the minor
3is required under s. 118.15
(2) to attend school.
AB1-SSA1-SA2,282,115
103.70
(2) Minors may be employed without permits in any employment
6limited to work in or around a home in work usual to the home of the employer, if the
7employment is not in connection with or a part of the business, trade
, or profession
8of the employer, is in accordance with the minimum age stated in s. 103.67 (2)
(d) (f), 9and is not specifically prohibited by ss. 103.64 to 103.82 or by any order of the
10department.
Minors may also be employed without permits as election inspectors
11as provided in s. 7.30 (2) (am).".
AB1-SSA1-SA2,283,214
106.50
(5m) (d) Nothing in this section requires that housing be made available
15to an individual whose tenancy would constitute a direct threat to the safety of other
16tenants or persons employed on the property or whose tenancy would result in
17substantial physical damage to the property of others, if the risk of direct threat or
18damage cannot be eliminated or sufficiently reduced through reasonable
19accommodations. A claim that an individual's tenancy poses a direct threat or a
20substantial risk of harm or damage must be evidenced by behavior by the individual
21which that caused harm or damage,
which that directly threatened harm or damage
, 22or
which that caused a reasonable fear of harm or damage to other tenants, persons
23employed on the property
, or the property. No claim that an individual's tenancy
24would constitute a direct threat to the safety of other persons or would result in
1substantial damage to property may be based on the fact that a tenant has been or
2may be the victim of domestic abuse, as defined in s. 813.12 (1)
(a) (am).".
AB1-SSA1-SA2,283,215
103.49
(5) (a) Each contractor, subcontractor
, or contractor's or subcontractor's
6agent performing work on a project that is subject to this section shall keep full and
7accurate records clearly indicating the name and trade or occupation of every person
8performing the work described in sub. (2m) and an accurate record of the number of
9hours worked by each of those persons and the actual wages paid for the hours
10worked.
If requested by any person, a contractor, subcontractor, or contractor's or
11subcontractor's agent performing work on a project that is subject to this section
12shall permit that person to inspect and copy any of those records to the same extent
13as if the record were maintained by the department, except that s. 19.36 (3) does not
14limit the duty of a subcontractor or a contractor's or subcontractor's agent to permit
15inspection and copying of a record under this paragraph. Before permitting the
16inspection and copying of a record under this paragraph, a contractor, subcontractor,
17or contractor's or subcontractor's agent shall delete from the record any personally
18identifiable information, as defined in s. 19.62 (5), contained in the record about any
19person performing the work described in sub. (2m) other than the trade or occupation
20of the person, the number of hours worked by the person, and the actual wages paid
21for those hours worked.
AB1-SSA1-SA2,284,13
1103.49
(6m) (ag) Any contractor, subcontractor, or contractor's or
2subcontractor's agent who fails to pay the prevailing wage rate determined by the
3department under sub. (3) or who pays less than 1.5 times the hourly basic rate of
4pay for all hours worked in excess of the prevailing hours of labor is liable to any
5affected employee in the amount of the employee's unpaid wages or unpaid overtime
6compensation. An employee may recover that liability by filing a wage claim with
7the department under s. 109.09 (1) or by commencing an action under s. 109.03 (5)
8in any court of competent jurisdiction, for and in behalf of that employee and other
9employees similarly situated. No employee may be a party plaintiff to an action
10commenced under s. 109.03 (5) unless the employee consents in writing to become
11a party and the consent is filed in the court in which the action is brought.
12Notwithstanding s. 814.04 (1), the court shall, in addition to any judgment awarded
13to the plaintiff, allow reasonable attorney fees and costs to be paid by the defendant.
AB1-SSA1-SA2,284,1715
103.49
(6m) (f) Paragraph
(a) (ar) does not apply to any person who fails to
16provide any information to the department to assist the department in determining
17prevailing wage rates under sub. (3) (a) or (am).
AB1-SSA1-SA2,285,1019
103.50
(6m) Records; inspection. Each contractor, subcontractor, or
20contractor's or subcontractor's agent performing work on a project that is subject to
21this section shall keep full and accurate records clearly indicating the name and
22trade or occupation of every person performing the work described in sub. (2m) and
23an accurate record of the number of hours worked by each of those persons and the
24actual wages paid for the hours worked. If requested by any person, a contractor,
25subcontractor, or contractor's or subcontractor's agent performing work on a project
1that is subject to this section shall permit that person to inspect and copy any of those
2records to the same extent as if the record were maintained by the department,
3except that s. 19.36 (3) does not limit the duty of a subcontractor or a contractor's or
4subcontractor's agent to permit inspection and copying of a record under this
5subsection. Before permitting the inspection and copying of a record under this
6subsection, a contractor, subcontractor, or contractor's or subcontractor's agent shall
7delete from the record any personally identifiable information, as defined in s. 19.62
8(5), contained in the record about any person performing the work described in sub.
9(2m) other than the trade or occupation of the person, the number of hours worked
10by the person, and the actual wages paid for those hours worked.
AB1-SSA1-SA2,285,2513
103.50
(7) (ag) Any contractor, subcontractor, or contractor's or subcontractor's
14agent who fails to pay the prevailing wage rate determined under sub. (3) or (4) or
15who pays less than 1.5 times the hourly basic rate of pay for all hours worked in
16excess of the prevailing hours of labor is liable to any affected employee in the amount
17of the employee's unpaid wages or unpaid overtime compensation. An employee may
18recover that liability by filing a wage claim with the department of transportation
19under par. (am) or by commencing an action under s. 109.03 (5) in any court of
20competent jurisdiction, for and in behalf of that employee and other employees
21similarly situated. No employee may be a party plaintiff to an action commenced
22under s. 109.03 (5) unless the employee consents in writing to become a party and
23the consent is filed in the court in which the action is brought. Notwithstanding s.
24814.04 (1), the court shall, in addition to any judgment awarded to the plaintiff, allow
25reasonable attorney fees and costs to be paid by the defendant.
AB1-SSA1-SA2,286,222
103.50
(7) (am) An employee may also recover the liability specified in par. (ag)
3by filing a wage claim with the department of transportation for and in behalf of that
4employee and other employees similarly situated. On receipt of a wage claim filed
5under this paragraph, the department of transportation shall investigate the wage
6claim and, on completion of the investigation, may sue the employer on behalf of the
7employee to collect the wage claim or refer the wage claim to the district attorney of
8the county in which the work is located for prosecution and collection. If the
9department of transportation decides not to sue the employer to collect the wage
10claim or refer the wage claim to the district attorney, the department of
11transportation shall refer the wage claim to the department of justice for prosecution
12and collection. On receipt of a wage claim, a district attorney or the department of
13justice shall investigate as necessary and, if the wage claim appears to be valid,
14commence an action in the circuit court having appropriate jurisdiction to collect the
15wage claim. The department of transportation may receive and investigate a wage
16claim under this paragraph that is filed no later than 2 years after the date on which
17the unpaid wages or unpaid overtime compensation was due. After receiving a wage
18claim under this paragraph, the department of transportation may investigate any
19unpaid wages or unpaid overtime compensation due from the contractor,
20subcontractor, or agent against whom the wage claim was filed to any employee
21during the period commencing 2 years before the date on which the wage claim was
22filed.
AB1-SSA1-SA2,287,3
1103.50
(7) (f) Paragraph
(a)
(ar) does not apply to any person who fails to
2provide any information to the department to assist the department in determining
3prevailing wage rates under sub. (3) or (4).
AB1-SSA1-SA2,287,145
103.50
(8) Enforcement and prosecution. The department of transportation
6shall require adherence to subs. (2), (2m)
, and (6). The department of transportation
7may demand and examine, and every contractor, subcontractor
, and contractor's or
8subcontractor's agent shall keep and furnish
, upon request by the department of
9transportation, copies of payrolls and other records and information relating to
10compliance with this section.
Upon request of the department of transportation or
11upon complaint of alleged violation, the district attorney of the county in which the
12work is located shall investigate as necessary and prosecute violations in a court of
13competent jurisdiction. Section 111.322 (2m) applies to discharge and other
14discriminatory acts arising in connection with any proceeding under this section.".
AB1-SSA1-SA2,287,1817
103.005
(16) Each of the commissioners
, or the secretary
or any deputy
18secretary may certify to official acts
, and take testimony.".
AB1-SSA1-SA2,288,721
109.03
(5) Enforcement. Except as provided in sub. (1), no employer may by
22special contract with employees or by any other means secure exemption from this
23section. Each employee shall have a right of action against any employer for the full
24amount of the employee's wages due on each regular pay day as provided in this
1section and for increased wages as provided in s. 109.11 (2)
, in any court of competent
2jurisdiction. An employee may bring an action against an employer under this
3subsection without first filing a wage claim with the department
of workforce
4development under s. 109.09 (1)
or with the department of transportation under s.
5103.50 (7) (am). An employee who brings an action against an employer under this
6subsection shall have a lien upon all property of the employer, real or personal,
7located in this state as described in s. 109.09 (2).
AB1-SSA1-SA2,289,129
109.09
(1) The department shall investigate and attempt equitably to adjust
10controversies between employers and employees as to alleged wage claims. The
11department may receive and investigate any wage claim
which that is filed with the
12department, or received by the department under s. 109.10 (4), no later than 2 years
13after the date the wages are due. The department may, after receiving a wage claim,
14investigate any wages due from the employer against whom the claim is filed to any
15employee during the period commencing 2 years before the date the claim is filed.
16The department shall enforce this chapter and ss. 66.0903, 103.02,
103.32, 103.49,
17103.82, 104.12
, and 229.8275. In pursuance of this duty, the department may sue the
18employer on behalf of the employee to collect any wage claim or wage deficiency
, and
19ss. 109.03 (6) and 109.11 (2) and (3) shall apply to such actions. Except for actions
20under s. 109.10, the department may refer such an action to the district attorney of
21the county in which the violation occurs for prosecution and collection
, and the
22district attorney shall
investigate as necessary and, if the wage claim or wage
23deficiency appears to be valid, commence an action in the circuit court having
24appropriate jurisdiction
to collect the wage claim or wage deficiency. If the
25department decides not to sue the employer to collect a wage claim or wage deficiency
1arising under s. 66.0903 or 103.49 or refer such a wage claim or wage deficiency to
2the district attorney, the department shall refer the wage claim or wage deficiency
3to the department of justice, and the department of justice shall investigate as
4necessary and, if the wage claim or wage deficiency appears to be valid, commence
5an action in the circuit court having appropriate jurisdiction to collect the wage claim
6or wage deficiency. Any number of wage claims or wage deficiencies against the same
7employer may be joined in a single proceeding, but the court may order separate
8trials or hearings. In actions that are referred to a district attorney under this
9subsection, any taxable costs recovered by the district attorney shall be paid into the
10general fund of the county in which the violation occurs and used by that county to
11meet its financial responsibility under s. 978.13 (2) for the operation of the office of
12the district attorney who prosecuted the action.".
AB1-SSA1-SA2,289,1915
109.11
(1) (c) If an employer does not agree to compromise and settle a wage
16claim under this subsection, the department may refer the wage claim to a district
17attorney under s. 109.09 (1) or to the department of justice under s.
109.09 (1) or 18109.10 (3) for commencement of an action in circuit court to collect the amount of
19wages due and unpaid plus increased wages as specified in sub. (2) (b).".
AB1-SSA1-SA2,289,2322
111.91
(2) (n) The provision to employees of the health insurance coverage
23required under s. 632.895 (11) to
(14) (15).
AB1-SSA1-SA2,290,3
1111.91
(2) (qm) The requirements under s. 632.89 related to coverage of
2treatment for nervous and mental disorders and alcoholism and other drug abuse
3problems.".
AB1-SSA1-SA2,291,56
111.70
(1) (a) "Collective bargaining" means the performance of the mutual
7obligation of a municipal employer, through its officers and agents, and the
8representative of its municipal employees in a collective bargaining unit, to meet and
9confer at reasonable times, in good faith, with the intention of reaching an
10agreement, or to resolve questions arising under such an agreement, with respect to
11wages, hours
, and conditions of employment, and with respect to a requirement of
12the municipal employer for a municipal employee to perform law enforcement and
13fire fighting services under s. 61.66
, and for a school district with respect to any
14matter under sub. (4) (n), except as provided in sub. (4) (m) and s. 40.81 (3) and except
15that a municipal employer shall not meet and confer with respect to any proposal to
16diminish or abridge the rights guaranteed to municipal employees under ch. 164.
17The duty to bargain, however, does not compel either party to agree to a proposal or
18require the making of a concession. Collective bargaining includes the reduction of
19any agreement reached to a written and signed document. The municipal employer
20shall not be required to bargain on subjects reserved to management and direction
21of the governmental unit except insofar as the manner of exercise of such functions
22affects the wages, hours
, and conditions of employment of the municipal employees
23in a collective bargaining unit. In creating this subchapter the legislature recognizes
24that the municipal employer must exercise its powers and responsibilities to act for
1the government and good order of the jurisdiction which it serves, its commercial
2benefit
, and the health, safety
, and welfare of the public to assure orderly operations
3and functions within its jurisdiction, subject to those rights secured to municipal
4employees by the constitutions of this state and of the United States and by this
5subchapter.
AB1-SSA1-SA2,291,107
111.70
(4) (n)
Mandatory subjects of bargaining. In a school district, in addition
8to any subject of bargaining on which the municipal employer is required to bargain
9under sub. (1) (a), the municipal employer is required to bargain collectively with
10respect to:
AB1-SSA1-SA2,291,1311
1. Time spent during the school day, separate from pupil contact time, to
12prepare lessons, labs, or educational materials, to confer or collaborate with other
13staff, or to complete administrative duties.
AB1-SSA1-SA2,291,1514
2. Time spent to perform the duties required of an individualized education
15program team under s. 115.78 (2).".
AB1-SSA1-SA2,291,17
17"
Section 277c. 111.70 (1) (nc) 1. d. of the statutes is created to read:
AB1-SSA1-SA2,291,2218
111.70
(1) (nc) 1. d. A proposal to maintain all conditions of employment as the
19conditions existed on the 90th day prior to the expiration of the previous collective
20bargaining agreement between the parties or the 90th day prior to commencement
21of negotiations if there is no previous collective bargaining agreement between the
22parties.
AB1-SSA1-SA2,292,5
1111.70
(1) (nc) 1. e. A proposal to maintain any provision relating to a subject
2of collective bargaining on which the municipal employer was not required to bargain
3that existed in the previous collective bargaining agreement between the parties or
4that existed on the 90th day prior to the expiration of the previous collective
5bargaining agreement between the parties.