AB100,882,521
100.26
(6) The department, the department of justice, after consulting with the
22department, or any district attorney may commence an action in the name of the
23state to recover a civil forfeiture to the state of not less than $100 nor more than
24$10,000 for each violation of Any person violating an injunction issued under s.
25100.18, 100.182 or 100.20 (6)
. The department of agriculture, trade and consumer
1protection or any district attorney may commence an action in the name of the state
2to recover a civil is subject to a forfeiture of not less than $100 nor more than $10,000
3for each violation. Any person violating an order issued under s. 100.20 is subject
4to a forfeiture
to the state of not less than $100 nor more than $10,000 for each
5violation
of an order issued under s. 100.20.
AB100, s. 1809
6Section
1809. 100.261 (1) of the statutes is amended to read:
AB100,882,147
100.261
(1) If a court imposes a fine or forfeiture for a violation of this chapter,
8ch. chs. 98
or 133, a rule promulgated under this chapter or
ch. chs. 98
or 133, or an
9ordinance enacted under this chapter or
ch. chs. 98
or 133, the court shall also impose
10a consumer protection surcharge under ch. 814 in an amount equal to 25% of the fine
11or forfeiture imposed. If multiple violations are involved, the court shall base the
12consumer protection surcharge upon the total of the fine or forfeiture amounts for all
13violations. If a fine or forfeiture is suspended in whole or in part, the court shall
14reduce the surcharge in proportion to the suspension.
AB100, s. 1810
15Section
1810. 100.261 (3) (b) of the statutes is amended to read:
AB100,882,2016
100.261
(3) (b) The secretary of administration shall deposit the consumer
17protection surcharges imposed under ch. 814
for a violation of ch. 98, a rule
18promulgated under ch. 98, or an ordinance enacted under ch. 98 in the general fund
19and shall credit them to the appropriation account under s. 20.115 (1) (jb), subject to
20the limit under par. (c).
AB100, s. 1811
21Section
1811. 100.261 (3) (d) of the statutes is created to read:
AB100,883,222
100.261
(3) (d) The state treasurer shall deposit the consumer protection
23surcharge amounts imposed for a violation of this chapter or ch. 133, a rule
24promulgated under this chapter or ch. 133, or an ordinance enacted under this
1chapter in the general fund and shall credit them to the appropriation account under
2s. 20.455 (1) (g), subject to the limit under par. (e).
AB100, s. 1812
3Section
1812. 100.261 (3) (e) of the statutes is created to read:
AB100,883,54
100.261
(3) (e) The amount credited to the appropriation account under s.
520.455 (1) (g) may not exceed $375,000 in each fiscal year.
AB100, s. 1813
6Section
1813. 100.263 of the statutes is amended to read:
AB100,883,18
7100.263 Recovery. In addition to other remedies available under this chapter,
8the court may award the
department state the reasonable and necessary costs of
9investigation
and, an amount reasonably necessary to remedy the harmful effects of
10the violation
, and
the court may award the department of justice the reasonable and
11necessary expenses of prosecution, including attorney fees, from any person who
12violates this chapter. The
department and the department of justice amounts
13awarded under this section shall
deposit be deposited in the state treasury for
14deposit in the general fund
all moneys that the court awards to the department, the
15department of justice or the state under this section. Ten percent of the money
16deposited in the general fund that was awarded under this section for the costs of
17investigation and the expenses of prosecution, including attorney fees, shall be
18credited to the appropriation account under s. 20.455 (1) (gh).
AB100, s. 1814
19Section
1814. 100.28 (4) (b) of the statutes is amended to read:
AB100,883,2220
100.28
(4) (b) In lieu of or in addition to forfeitures under par. (a), the
21department
of justice may seek an injunction restraining any person from violating
22this section.
AB100, s. 1815
23Section
1815. 100.28 (4) (c) of the statutes is amended to read:
AB100,884,3
1100.28
(4) (c) The department
of justice, or any district attorney upon the
2request of the department
of justice, may commence an action in the name of the
3state under par. (a) or (b).
AB100, s. 1816
4Section
1816. 100.31 (4) of the statutes is amended to read:
AB100,884,105
100.31
(4) Penalties. For any violation of this section, the department
of
6justice or a district attorney may commence an action on behalf of the state to recover
7a forfeiture of not less than $100 nor more than $10,000 for each offense. Each
8delivery of a drug sold to a purchaser at a price in violation of this section and each
9separate day in violation of an injunction issued under this section is a separate
10offense.
AB100, s. 1817
11Section
1817. 100.31 (5) of the statutes is amended to read:
AB100,884,1712
100.31
(5) Special remedies. The department
of justice or a district attorney
13may bring an action to enjoin a violation of this section without being compelled to
14allege or prove that an adequate remedy at law does not exist. An action under this
15subsection may be commenced and prosecuted by the department
of justice or a
16district attorney, in the name of the state, in a circuit court in the county where the
17offense occurred or in Dane County, notwithstanding s. 801.50.
AB100, s. 1818
18Section
1818. 100.37 (1) (am) of the statutes is created to read:
AB100,884,2019
100.37
(1) (am) Notwithstanding s. 93.01 (3), "department" means the
20department of justice.
AB100, s. 1819
21Section
1819. 100.38 (5) of the statutes is amended to read:
AB100,884,2522
100.38
(5) Inspection. The department
of justice shall enforce this section by
23inspection, chemical analyses
, or any other appropriate method
, and the department
24of justice may promulgate such rules as are necessary to effectively enforce this
25section.
AB100, s. 1820
1Section
1820. 100.38 (6) of the statutes is amended to read:
AB100,885,42
100.38
(6) Enforcement. It is unlawful to sell any antifreeze which is
3adulterated or misbranded. In addition to the penalties provided under sub. (7), the
4department
of justice may bring an action to enjoin violations of this section.
AB100, s. 1821
5Section
1821. 100.41 (1) (bn) of the statutes is created to read:
AB100,885,76
100.41
(1) (bn) Notwithstanding s. 93.01 (3), "department" means the
7department of justice.
AB100, s. 1822
8Section
1822. 100.42 (1) (cm) of the statutes is created to read:
AB100,885,109
100.42
(1) (cm) Notwithstanding s. 93.01 (3), "department" means the
10department of justice.
AB100, s. 1823
11Section
1823. 100.43 (1) (am) of the statutes is created to read:
AB100,885,1312
100.43
(1) (am) Notwithstanding s. 93.01 (3), "department" means the
13department of justice.
AB100, s. 1824
14Section
1824. 100.44 (5) of the statutes is amended to read:
AB100,885,2115
100.44
(5) Enforcement. For any violation of sub. (3), the department
of justice 16may, on behalf of the state, bring an action in any court of competent jurisdiction for
17the recovery of forfeitures authorized under sub. (4), for temporary or permanent
18injunctive relief and for any other appropriate relief. The court may make any order
19or judgment that is necessary to restore to any person any pecuniary loss suffered
20because of a violation of sub. (3)
, if proof of the loss is shown to the satisfaction of the
21court.
AB100, s. 1825
22Section
1825. 100.46 (1) of the statutes is amended to read:
AB100,885,2523
100.46
(1) Energy conservation standards. The department
of justice may by
24rule adopt energy conservation standards for products that have been established in
25or promulgated under
42 USC 6291 to
6309.
AB100, s. 1826
1Section
1826. 100.46 (2) of the statutes is amended to read:
AB100,886,62
100.46
(2) Prohibited acts; enforcement. No person may sell at retail, install
, 3or cause to be installed any product that is not in compliance with rules promulgated
4under sub. (1). In addition to other penalties and enforcement procedures, the
5department
of justice may apply to a court for a temporary or permanent injunction
6restraining any person from violating a rule adopted under sub. (1).
AB100, s. 1827
7Section
1827. 100.50 (6) (b) of the statutes is amended to read:
AB100,886,108
100.50
(6) (b) In lieu of or in addition to the remedy under par. (a), the
9department
of justice may seek an injunction restraining any person from violating
10this section.
AB100, s. 1828
11Section
1828. 100.50 (6) (c) of the statutes is amended to read:
AB100,886,1412
100.50
(6) (c) The department
of justice, or any district attorney upon the
13request of the department
of justice, may commence an action in the name of the
14state under par. (a) or (b).
AB100, s. 1829
15Section
1829. 100.52 (1) (bn) of the statutes is created to read:
AB100,886,1716
100.52
(1) (bn) Notwithstanding s. 93.01 (3), "department" means the
17department of justice.
AB100, s. 1830
18Section
1830. 101.175 (3) (intro.) of the statutes is amended to read:
AB100,886,2219
101.175
(3) (intro.) The department, in consultation with the department of
20agriculture, trade and consumer protection justice, shall establish by rule quality
21standards for local energy resource systems which do not impede development of
22innovative systems but which do:
AB100, s. 1831
23Section
1831. 101.9208 (1) (dm) of the statutes is amended to read:
AB100,887,524
101.9208
(1) (dm) Upon filing an application under par. (a) or (d), a
25supplemental title fee of $7.50 by the owner of the manufactured home, except that
1this fee shall be waived with respect to an application under par. (d) for transfer of
2a decedent's interest in a manufactured home to his or her surviving spouse. The fee
3specified under this paragraph is in addition to any other fee specified in this section.
4The department shall deposit into the environmental fund all fees collected under
5this paragraph.
AB100, s. 1832
6Section
1832. 102.77 of the statutes is created to read:
AB100,887,8
7102.77 Health care worker injury prevention. (1) Definitions. In this
8section:
AB100,887,99
(a) "Health care facility" has the meaning given in s. 146.997 (1) (c).
AB100,887,1010
(b) "Health care provider" has the meaning given in s. 146.997 (1) (d).
AB100,887,1211
(c) "Health care worker" means an employee of a health care facility or of a
12health care provider.
AB100,887,14
13(2) Study, education campaign, and grants. From the appropriation account
14under s. 20.445 (1) (hr), the department shall do all of the following:
AB100,887,1515
(a) Conduct a study of injuries to health care workers caused by lifting.
AB100,887,1816
(b) Develop and distribute to health care facilities, health care providers, and
17health care workers informational materials that promote a lift-free working
18environment for health care workers.
AB100,887,2319
(c) Distribute grants to health care facilities and health care providers to assist
20in the implementation of a lift-free working environment for the health care workers
21of those health care facilities and health care providers. The department shall
22require a grant recipient to provide matching funds in an amount determined by the
23department.
AB100, s. 1833
24Section
1833. 102.81 (2) of the statutes is amended to read:
AB100,888,13
1102.81
(2) The department may retain an insurance carrier or insurance
2service organization to process, investigate and pay claims under this section and
3may obtain excess or stop-loss reinsurance with an insurance carrier authorized to
4do business in this state in an amount that the secretary determines is necessary for
5the sound operation of the uninsured employers fund. In cases involving disputed
6claims, the department may retain an attorney to represent the interests of the
7uninsured employers fund and to make appearances on behalf of the uninsured
8employers fund in proceedings under ss. 102.16 to 102.29. Section 20.918 and
all
9provisions of subch. IV of ch. 16
, except s. 16.771, do not apply to an attorney hired
10under this subsection. The charges for the services retained under this subsection
11shall be paid from the appropriation under s. 20.445 (1) (hp). The cost of any
12reinsurance obtained under this subsection shall be paid from the appropriation
13under s. 20.445 (1) (sm).
AB100, s. 1834
14Section
1834. 103.49 (5) (a) of the statutes is amended to read:
AB100,888,2415
103.49
(5) (a) Each contractor, subcontractor
, or contractor's or subcontractor's
16agent performing work on a project that is subject to this section shall keep full and
17accurate records clearly indicating the name and trade or occupation of every person
18performing the work described in sub. (2m) and an accurate record of the number of
19hours worked by each of those persons and the actual wages paid for the hours
20worked.
By no later than the end of the week following a week in which a contractor,
21subcontractor, or contractor's or subcontractor's agent performs work on a project
22that is subject to this section, the contractor, subcontractor, or agent shall submit to
23the state agency authorizing the work a certified record of the information specified
24in the preceding sentence for that preceding week.
AB100, s. 1835
25Section
1835. 106.12 (2) of the statutes is amended to read:
AB100,889,10
1106.12
(2) Employment and education program administration. The board
2shall plan, coordinate, administer, and implement the youth apprenticeship
3program, school-to-work, and work-based learning programs under s. 106.13 (1)
4and such other employment and education programs as the governor may by
5executive order assign to the board. Notwithstanding any limitations placed on the
6use of state employment and education funds under this section or s. 106.13 or under
7an executive order assigning an employment and education program to the board,
8the board may issue a general or special order waiving any of those limitations on
9finding that the waiver will promote the coordination of employment and education
10services.
AB100, s. 1836
11Section
1836. 106.13 (1) of the statutes is renumbered 106.13 (1) (intro.) and
12amended to read:
AB100,889,1413
106.13
(1) (intro.) The
department
board shall provide
a all of the following
14programs:
AB100,889,16
15(a) A youth apprenticeship program that includes the grant programs under
16subs. (3m) and (4).
AB100, s. 1837
17Section
1837. 106.13 (2) of the statutes is amended to read:
AB100,889,2118
106.13
(2) The council on workforce investment established under
29 USC
192821, the technical college system board, and the department of public instruction
20shall assist the board in providing the youth apprenticeship program
, the
21school-to-work program, and the work-based learning program under sub. (1).
AB100, s. 1838
22Section
1838. 106.13 (2m) of the statutes is amended to read:
AB100,890,223
106.13
(2m) The board shall approve occupations and maintain a list of
24approved occupations for the youth apprenticeship program
and shall approve
25statewide skill standards for the school-to-work program. From the appropriation
1under s. 20.445
(1) (7) (a), the board shall develop curricula for youth apprenticeship
2programs for occupations approved under this subsection.
AB100, s. 1839
3Section
1839. 106.13 (3m) (b) (intro.) of the statutes is amended to read:
AB100,890,144
106.13
(3m) (b) (intro.) From the appropriation under s. 20.445
(1) (e) (7) (b),
5the board shall award grants to applying local partnerships for the implementation
6and coordination of local youth apprenticeship programs. A local partnership shall
7include in its grant application the identity of each public agency, nonprofit
8organization, individual, and other person who is a participant in the local
9partnership, a plan to accomplish the implementation and coordination activities
10specified in subds. 1. to 6., and the identity of a fiscal agent who shall be responsible
11for receiving, managing, and accounting for the grant moneys received under this
12paragraph. Subject to par. (c), a local partnership that is awarded a grant under this
13paragraph may use the grant moneys awarded for any of the following
14implementation and coordination activities:
AB100, s. 1840
15Section
1840. 108.02 (13) (k) of the statutes is amended to read:
AB100,890,2116
108.02
(13) (k) "Employer" does not include a county department
or aging unit
,
17or, under s. 46.2785, a private agency that serves as a fiscal agent or contracts with
18a fiscal intermediary to serve as a fiscal agent under s. 46.27 (5) (i) or 47.035 as to
19any individual performing services for a person receiving long-term support services
20under s. 46.27 (5) (b), 46.275, 46.277, 46.278,
46.2785, 46.286, 46.495, 51.42
, or
2151.437 or personal assistance services under s. 47.02 (6) (c).
AB100, s. 1841
22Section
1841. 108.07 (8) (b) of the statutes is amended to read:
AB100,891,523
108.07
(8) (b) If a claimant is a prisoner of a state prison, as defined in s. 302.01,
24and has employment with an employer other than the department of corrections
or
25a private business leasing space within a state prison under s. 303.01 (2) (em), and
1the claimant's employment terminates because conditions of incarceration or
2supervision make it impossible to continue the employment, the department shall
3charge to the fund's balancing account any benefits based on the terminated
4employment that are otherwise chargeable to the account of an employer that is
5subject to the contribution requirements under ss. 108.17 and 108.18.
AB100, s. 1842
6Section
1842. 111.70 (1) (b) of the statutes is amended to read:
AB100,891,107
111.70
(1) (b) "Collective bargaining unit" means
a the unit
consisting of
8municipal employees who are school district professional employees or of municipal
9employees who are not school district professional employees that is determined by
10the commission to be appropriate for the purpose of collective bargaining.
AB100, s. 1843
11Section
1843. 111.70 (1) (dm) of the statutes is repealed.
AB100, s. 1844
12Section
1844. 111.70 (1) (fm) of the statutes is repealed.
AB100, s. 1845
13Section
1845. 111.70 (1) (nc) of the statutes is repealed.
AB100, s. 1846
14Section
1846. 111.70 (4) (cm) 5s. of the statutes is repealed.
AB100, s. 1847
15Section
1847. 111.70 (4) (cm) 6. a. of the statutes is amended to read:
AB100,892,616
111.70
(4) (cm) 6. a. If in any collective bargaining unit a dispute relating to one
17or more issues
, qualifying for interest arbitration under subd. 5s. in a collective
18bargaining unit to which subd. 5s. applies, has not been settled after a reasonable
19period of negotiation and after mediation by the commission under subd. 3. and other
20settlement procedures, if any, established by the parties have been exhausted, and
21the parties are deadlocked with respect to any dispute between them over wages,
22hours and conditions of employment to be included in a new collective bargaining
23agreement, either party, or the parties jointly, may petition the commission, in
24writing, to initiate compulsory, final and binding arbitration, as provided in this
25paragraph. At the time the petition is filed, the petitioning party shall submit in
1writing to the other party and the commission its preliminary final offer containing
2its latest proposals on all issues in dispute. Within 14 calendar days after the date
3of that submission, the other party shall submit in writing its preliminary final offer
4on all disputed issues to the petitioning party and the commission. If a petition is
5filed jointly, both parties shall exchange their preliminary final offers in writing and
6submit copies to the commission at the time the petition is filed.
AB100, s. 1848
7Section
1848. 111.70 (4) (cm) 6. am. of the statutes is amended to read:
AB100,894,28
111.70
(4) (cm) 6. am. Upon receipt of a petition to initiate arbitration, the
9commission shall make an investigation, with or without a formal hearing, to
10determine whether arbitration should be commenced. If in determining whether an
11impasse exists the commission finds that the procedures set forth in this paragraph
12have not been complied with and such compliance would tend to result in a
13settlement, it may order such compliance before ordering arbitration. The validity
14of any arbitration award or collective bargaining agreement shall not be affected by
15failure to comply with such procedures. Prior to the close of the investigation each
16party shall submit in writing to the commission its single final offer containing its
17final proposals on all issues in dispute that are subject to interest arbitration under
18this subdivision
or under subd. 5s. in collective bargaining units to which subd. 5s.
19applies. If a party fails to submit a single, ultimate final offer, the commission shall
20close the investigation based on the last written position of the party.
The municipal
21employer may not submit a qualified economic offer under subd. 5s. after the close
22of the investigation. Such final offers may include only mandatory subjects of
23bargaining, except that a permissive subject of bargaining may be included by a
24party if the other party does not object and shall then be treated as a mandatory
25subject. No later than such time, the parties shall also submit to the commission a
1stipulation, in writing, with respect to all matters which are agreed upon for
2inclusion in the new or amended collective bargaining agreement. The commission,
3after receiving a report from its investigator and determining that arbitration should
4be commenced, shall issue an order requiring arbitration and immediately submit
5to the parties a list of 7 arbitrators. Upon receipt of such list, the parties shall
6alternately strike names until a single name is left, who shall be appointed as
7arbitrator. The petitioning party shall notify the commission in writing of the
8identity of the arbitrator selected. Upon receipt of such notice, the commission shall
9formally appoint the arbitrator and submit to him or her the final offers of the
10parties. The final offers shall be considered public documents and shall be available
11from the commission. In lieu of a single arbitrator and upon request of both parties,
12the commission shall appoint a tripartite arbitration panel consisting of one member
13selected by each of the parties and a neutral person designated by the commission
14who shall serve as a chairperson. An arbitration panel has the same powers and
15duties as provided in this section for any other appointed arbitrator, and all
16arbitration decisions by such panel shall be determined by majority vote. In lieu of
17selection of the arbitrator by the parties and upon request of both parties, the
18commission shall establish a procedure for randomly selecting names of arbitrators.
19Under the procedure, the commission shall submit a list of 7 arbitrators to the
20parties. Each party shall strike one name from the list. From the remaining 5
21names, the commission shall randomly appoint an arbitrator. Unless both parties
22to an arbitration proceeding otherwise agree in writing, every individual whose
23name is submitted by the commission for appointment as an arbitrator shall be a
24resident of this state at the time of submission and every individual who is
1designated as an arbitration panel chairperson shall be a resident of this state at the
2time of designation.
AB100, s. 1849
3Section
1849. 111.70 (4) (cm) 8m. a. and c. of the statutes are consolidated,
4renumbered 111.70 (4) (cm) 8m. and amended to read:
AB100,894,185
111.70
(4) (cm) 8m. `Term of agreement; reopening of negotiations.' Except for
6the initial collective bargaining agreement between the parties
and, except as the
7parties otherwise agree
, and except as provided in par. (cn), every collective
8bargaining agreement covering municipal employees subject to this paragraph
other
9than school district professional employees shall be for a term of 2 years
. No, but in
10no case may a collective bargaining agreement for any collective bargaining unit
11consisting of municipal employees
subject to this paragraph other than school
12district professional employees shall be for a term exceeding 3 years.
c. No
13arbitration award may contain a provision for reopening of negotiations during the
14term of a collective bargaining agreement, unless both parties agree to such a
15provision. The requirement for agreement by both parties does not apply to a
16provision for reopening of negotiations with respect to any portion of an agreement
17that is declared invalid by a court or administrative agency or rendered invalid by
18the enactment of a law or promulgation of a federal regulation.
AB100, s. 1850
19Section
1850. 111.70 (4) (cm) 8m. b. of the statutes is repealed.
AB100, s. 1851
20Section
1851. 111.70 (4) (cm) 8p. of the statutes is repealed.