28,2207n
Section 2207n. 106.04 of the statutes is created to read:
106.04 Employment of apprentices on state public works projects. (1) Definitions. In this section:
(b) "Employer" means a contractor, subcontractor, or agent of a contractor or subcontractor that employs 5 or more employees in trades that are apprenticeable under this subchapter.
(d) "Project" means a project of public works that is subject to s. 103.49 or 103.50 in which work is performed by employees employed in trades that are apprenticeable under this subchapter.
(2) Apprenticeship reports. (a) By no later than 15 days after the end of a month in which an employer performs work on a project, the employer shall submit to the department in an electronic format a report of the daily number of employees employed by the employer on the project in trades that are apprenticeable under this subchapter, the daily number of apprentices employed on the project, the race, sex, and average age of those apprentices, and the daily number of hours worked by those apprentices. The department shall post on its Internet site a running summary of those reports summarizing for
each month the total number of employees employed on projects in this state in trades that are apprenticeable under this subchapter, the total number of apprentices employed on those projects, the race, sex, and average age of those apprentices, and the total number of hours worked by those apprentices.
(b) The department shall grant an employer a total grace period of not more than 10 days in each calendar year for submitting the reports under par. (a). All projects on which an employer performs work during a calendar year, whether as a contractor, subcontractor, or agent of a contractor or subcontractor, are subject to a single grace period under this paragraph. If an employer exceeds that grace period, the employer shall forfeit, for each project on which the employer performs work during the calendar year, $1,000 for each day by which the employer exceeds the grace period.
(3) Waiver. If the department grants an exception or modification to any requirement in any contract for the performance of work on a project relating to the employment and training of apprentices, the department shall post that information on its Internet site, together with a detailed explanation of why the exception or modification was granted.
(4) Debarment. (a) Except as provided under pars. (b) and (c), the department shall distribute to all state agencies a list of all persons whom the department has found to have exceeded the grace period under sub. (2) (b) 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 exceeded the grace period under sub. (2) (b). A state agency 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 date of final determination by a court of competent jurisdiction, whichever is later.
(b) The department may not include in a notification under par. (a) the name of any person on the basis of having let work to a person whom the department has found to have exceeded the grace period under sub. (2) (b).
(c) This subsection does not apply to any contractor, subcontractor, or agent who in good faith on no more than 2 occasions in the same calendar year commits a minor violation of sub. (2) (b), as determined on a case-by-case basis through administrative hearings with all rights to due process afforded to all parties or who has not exhausted or waived all appeals.
(d) Any person submitting a bid on a project that is subject to this section shall, on the date on which the person submits the bid, identify any construction business in which the person, or a shareholder, officer, or partner of the person, if the person is a business, owns, or has owned at least a 25 percent interest on the date on which the person submits the bid or at any other time within 3 years preceding the date on which the person submits the bid, if the business has been found to have exceeded the grace period under sub. (2) (b).
(e) The department shall promulgate rules to administer this subsection.
28,2207t
Section 2207t. 106.30 of the statutes is created to read:
106.30 Nursing workforce survey and grant. (1) Definition. In this section, "nurse" means a registered nurse licensed under s. 441.06 or permitted under s. 441.08, a licensed practical nurse licensed or permitted under s. 441.10, an advanced practice nurse prescriber certified under s. 441.16 (2), or a nurse-midwife licensed under s. 441.15.
(2) Survey form.
By October 1 of each odd-numbered year, the department of workforce development shall develop and submit to the department of regulation and licensing a survey form to gather data under s. 441.01 (7) (a) 1. to assist the department of workforce development in evaluating the supply of, demand for, and turnover among nurses in this state and in determining whether there are any regional shortages of nurses, shortages of nurses in any speciality areas, or impediments to entering the nursing profession in this state.
(3) Survey results. Beginning in 2011, by September 30 of each odd-numbered year, the department shall compile, process, and evaluate the survey results and submit a report of its findings to the speaker of the assembly and the president of the senate under s. 13.172 (3) and to the governor, the secretary of health services, and the nurse resource center described in sub. (5).
(4) Costs of survey. The department may use no more than 12 percent of the amount received under s. 20.445 (1) (km) for costs incurred by the department under subs. (2) and (3).
(5) Nursing workforce grants. (a) From the appropriation account under s. 20.445 (1) (km), the department of workforce development shall award grants equal to the amount appropriated under s. 20.445 (1) (km) minus the amount expended under sub. (4) to a nonprofit statewide nursing center that is comprised of and led by nurses and that has demonstrated coordination with constituent groups within the nursing community, including professional nursing organizations; organizations representing nurse educators, staff nurses, and nurse managers or executives; labor organizations representing nurses; the department of regulation and licensing; the department of health services; and legislators who are concerned with issues affecting the nursing profession.
(b) A statewide nursing center that receives a grant under par. (a) shall use the grant moneys to develop strategies to ensure that there is a nursing workforce that is adequate to meet the current and future health care needs of this state. The statewide nursing center may use those moneys to fund activities that are aimed at ensuring such a nursing workforce, including monitoring trends in the applicant pool for nursing education programs; evaluating the effectiveness of nursing education programs in increasing access to those programs and in enhancing career mobility for nurses, especially for populations that are underrepresented in the nursing profession; and facilitating partnerships between the nursing community and other health care providers, the department of regulation and licensing, the business community, the legislature, and educators to promote diversity within the nursing profession, enhance career mobility and leadership development for nurses, and achieve consensus regarding policies aimed at ensuring an adequate nursing workforce in this state.
28,2210m
Section 2210m. 108.24 (2) of the statutes is amended to read:
108.24 (2) Except as provided in sub. (2m) and s. 108.16 (8) (m), any person who knowingly makes a false statement or representation in connection with any report or as to any information duly required by the department under this chapter, or who knowingly refuses or fails to keep any records or to furnish any reports or information duly required by the department under this chapter, shall be fined not less than $100 nor more than $500, or imprisoned not more than 90 days or both; and each such false statement or representation and every day of such refusal or failure constitutes a separate offense.
28,2210n
Section 2210n. 108.24 (2m) of the statutes is created to read:
108.24 (2m) Any employer described in s. 108.18 (2) (c) who willfully provides false information to the department for the purpose of misclassifying or attempting to misclassify an individual who is an employee of the employer as a nonemployee shall be fined $25,000 for each violation.
28,2211
Section
2211. 109.03 (3) (a) of the statutes is amended to read:
109.03 (3) (a) In case of the death of an employee to whom wages are due, the full amount of the wages due shall upon demand be paid by the employer to the spouse, domestic partner under ch. 770, children, or other dependent living with the employee at the time of death.
28,2212
Section
2212. 109.03 (3) (b) of the statutes is amended to read:
109.03 (3) (b) An employer may, not less than 5 days after the death of an employee and before the filing of a petition or application for administration of the decedent's estate, make payments of the wage due the deceased employee to the spouse, domestic partner under ch. 770, children, parents, or siblings of the decedent, giving preference in the order listed.
28,2213
Section
2213. 109.03 (3) (c) of the statutes is amended to read:
109.03 (3) (c) If none of the relatives persons listed in par. (b) survives, the employer may apply the payment of the wage or so much of the wage as may be necessary to paying creditors of the decedent in the order of preference prescribed in s. 859.25 for satisfaction of debts by personal representatives.
28,2214
Section
2214. 109.09 (1) of the statutes is amended to read:
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 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, 66.0904, 103.02, 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 commence an action in the circuit court having appropriate jurisdiction. 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) (b) for the operation of the office of the district attorney who prosecuted the action.
28,2216b
Section 2216b. 110.072 of the statutes is created to read:
110.072 Contracts related to state traffic patrol vehicles. Notwithstanding s. 16.705, the department may not contract with any 3rd party for the 3rd party to provide services to the department related to the installation and maintenance of communications and other law enforcement equipment on state traffic patrol vehicles.
28,2216e
Section 2216e. 110.08 (2) of the statutes is amended to read:
110.08 (2) Except as provided under s. 343.16 (1) (b) and to (c), all examinations for operator's licenses and permits shall be given by state examiners.
28,2216g
Section 2216g. 111.02 (3) of the statutes is amended to read:
111.02 (3) "Collective bargaining unit" means all of the employees of one employer, employed within the state, except as provided in s. 111.05 (5) and (7) and except that where a majority of the employees engaged in a single craft, division, department or plant have voted by secret ballot as provided in s. 111.05 (2) to constitute such group a separate bargaining unit they shall be so considered, but, in appropriate cases, and to aid in the more efficient administration of ss. 111.01 to 111.19, the commission may find, where agreeable to all parties affected in any way thereby, an industry, trade or business comprising more than one employer in an association in any geographical area to be a "collective bargaining unit". A collective bargaining unit thus established by the commission shall be subject to all rights by termination or modification given by ss. 111.01 to 111.19 in reference to collective bargaining units otherwise established under ss. 111.01 to 111.19. Two or more collective bargaining units may bargain collectively through the same representative where a majority of the employees in each separate unit have voted by secret ballot as provided in s. 111.05 (2) so to do.
28,2216j
Section 2216j. 111.02 (6) (am) of the statutes is created to read:
111.02 (6) (am) "Employee" includes a day care provider certified under s. 48.651 and a day care provider licensed under s. 48.65 who provides care and supervision for not more than 8 children who are not related to the day care provider.
28,2216L
Section 2216L. 111.02 (7) of the statutes is renumbered 111.02 (7) (a) (intro.) and amended to read:
111.02 (7) (a) (intro.) The term "employer" "Employer" means a person who engages the services of an employee, and includes any all of the following:
1. A person acting on behalf of an employer within the scope of his or her authority, express or implied, but shall.
(b) "Employer" does not include the any of the following:
1. Except as provided in par. (a) 4., the state or any political subdivision thereof, or any.
2. Any labor organization or anyone acting in behalf of such organization other than when it is acting as an employer in fact. For purposes of this subsection, a person who engages the services of an employee includes the
(a) 2. The University of Wisconsin Hospitals and Clinics Authority and a .
3. A local cultural arts district created under subch. V of ch. 229.
28,2216n
Section 2216n. 111.02 (7) (a) 4. of the statutes is created to read:
111.02 (7) (a) 4. With respect to an employee under sub. (6) (am), the state, counties, and other administrative entities involved in regulation and subsidization of employees under sub. (6) (am).
28,2216p
Section 2216p. 111.02 (7m) of the statutes is amended to read:
111.02 (7m) "Fair-share agreement" means an agreement between the University of Wisconsin Hospitals and Clinics Authority and a labor organization representing employees of that authority, or between an employer defined under sub. (7) (a) 4. and a labor organization representing employees under sub. (6) (am), under which all of the employees in a collective bargaining unit are required to pay their proportionate share of the cost of the collective bargaining process and contract administration measured by the amount of dues uniformly required of all members.
28,2216r
Section 2216r. 111.02 (9m) of the statutes is renumbered 111.02 (9m) (intro.) and amended to read:
111.02 (9m) (intro.) "Maintenance of membership agreement" means an any of the following:
(a) An agreement between the University of Wisconsin Hospitals and Clinics Authority and a labor organization representing employees of that authority which requires that all of the employees whose dues are being deducted from earnings under s. 20.921 (1) or 111.06 (1) (i) at the time the agreement takes effect shall continue to have dues deducted for the duration of the agreement and that dues shall be deducted from the earnings of all employees who are hired on or after the effective date of the agreement.
28,2216t
Section 2216t. 111.02 (9m) (b) of the statutes is created to read:
111.02 (9m) (b) An agreement between an employer under sub. (7) (a) 4. and a labor organization representing employees under sub. (6) (am) which requires that all of the employees whose dues are being deducted from earnings under s. 111.06 (1) (i) at the time the agreement takes effect shall continue to have dues deducted for the duration of the agreement and that dues shall be deducted from the earnings of all employees who are hired on or after the effective date of the agreement.
28,2216v
Section 2216v. 111.02 (10m) of the statutes is amended to read:
111.02 (10m) "Referendum" means a proceeding conducted by the commission in which employees of the University of Wisconsin Hospitals and Clinics Authority in a collective bargaining unit or in which employees under sub. (6) (am) in a collective bargaining unit may cast a secret ballot on the question of directing the labor organization and the employer to enter into a fair-share or maintenance of membership agreement or to terminate such an agreement.
28,2216w
Section 2216w. 111.05 (2) of the statutes is amended to read:
111.05 (2) Except as provided in sub.
subs. (5) and (7), whenever a question arises concerning the determination of a collective bargaining unit as defined in s. 111.02 (3), it shall be determined by secret ballot, and the commission, upon request, shall cause the ballot to be taken in such manner as to show separately the wishes of the employees in any craft, division, department or plant as to the determination of the collective bargaining unit.
28,2216y
Section 2216y. 111.05 (7) of the statutes is created to read:
111.05 (7) Employees under s. 111.02 (6) (am) shall comprise a single collective bargaining unit.
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, 103.34, 103.455, 103.50, 104.12, 106.04, 109.03, 109.07, 109.075, or 146.997 or ss. 101.58 to 101.599 or 103.64 to 103.82.
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, 103.34, 103.455, 103.50, 104.12, 106.04, 109.03, 109.07, 109.075, or 146.997 or ss. 101.58 to 101.599 or 103.64 to 103.82.
28,2217
Section
2217. 111.322 (2m) (c) of the statutes is amended to read:
111.322 (2m) (c) The individual files a complaint or attempts to enforce a right under s. 66.0903, 66.0904, 103.49, or 229.8275 or testifies or assists in any action or proceeding under s. 66.0903, 66.0904, 103.49, or 229.8275.
28,2217h
Section 2217h. 111.327 of the statutes is created to read:
111.327 Construction contractors. Any employer described in s. 108.18 (2) (c) who willfully and with intent to evade any requirement of this subchapter misclassifies or attempts to misclassify an individual who is an employee of the employer as a nonemployee shall be fined $25,000 for each violation. The department shall promulgate rules defining what constitutes a willful misclassification of an employee as a nonemployee for purposes of this section and of ss. 102.07 (8) (d) and 108.24 (2m).
111.70 (1) (a) "Collective bargaining" means the performance of the mutual obligation of a municipal employer, through its officers and agents, and the representative of its municipal employees in a collective bargaining unit, to meet and confer at reasonable times, in good faith, with the intention of reaching an agreement, or to resolve questions arising under such an agreement, with respect to wages, hours and conditions of employment, and with respect to a requirement of the municipal employer for a municipal employee to perform law enforcement and fire fighting services under s. 61.66, except as provided in subs. (3m), (3p), and (4) (m)
and (mc) and s. 40.81 (3) and except that a municipal employer shall not meet and confer with respect to any proposal to diminish or abridge the rights guaranteed to municipal employees under ch. 164. The duty to bargain, however, does not compel either party to agree to a proposal or require the making of a concession. Collective bargaining includes the reduction of any agreement reached to a written and signed document. The municipal employer shall not be required to bargain on subjects reserved to management and direction of the governmental unit except insofar as the manner of exercise of such functions affects the wages, hours and conditions of employment of the municipal employees in a collective bargaining unit. In creating this subchapter the legislature recognizes that the municipal employer must exercise its powers and responsibilities to act for the government and good order of the jurisdiction which it serves, its commercial benefit and the health, safety and welfare of the public to assure orderly operations and functions within its jurisdiction, subject to those rights secured to municipal employees by the constitutions of this state and of the United States and by this subchapter.
28,2221
Section
2221. 111.70 (1) (b) of the statutes is amended to read:
111.70 (1) (b) "Collective bargaining unit" means a unit consisting of municipal employees who are school district professional employees or of municipal employees who are not school district professional employees that is determined by the commission to be appropriate for the purpose of collective bargaining.
28,2222
Section
2222. 111.70 (1) (dm) of the statutes is repealed.
28,2223
Section
2223. 111.70 (1) (fm) of the statutes is repealed.
28,2223m
Section 2223m. 111.70 (1) (j) of the statutes is amended to read:
111.70 (1) (j) "Municipal employer" means any city, county, village, town, metropolitan sewerage district, school district, long-term care district, transit authority under s. 59.58 (7)
, 66.1038, or 66.1039, or any other political subdivision of the state, or instrumentality of one or more political subdivisions of the state, that engages the services of an employee and includes any person acting on behalf of a municipal employer within the scope of the person's authority, express or implied, but specifically does not include a local cultural arts district created under subch. V of ch. 229.
28,2224
Section
2224. 111.70 (1) (nc) of the statutes is repealed.
28,2225
Section 2225. 111.70 (1) (ne) of the statutes is amended to read:
111.70 (1) (ne) "School district professional employee" means a municipal employee who is a professional employee and who is employed to perform services for a school district.
28,2225f
Section 2225f. 111.70 (3) (a) 4. of the statutes is amended to read:
111.70 (3) (a) 4. To refuse to bargain collectively with a representative of a majority of its employees in an appropriate collective bargaining unit. Such refusal shall include action by the employer to issue or seek to obtain contracts, including those provided for by statute, with individuals in the collective bargaining unit while collective bargaining, mediation or fact-finding concerning the terms and conditions of a new collective bargaining agreement is in progress, unless such individual contracts contain express language providing that the contract is subject to amendment by a subsequent collective bargaining agreement. Where the employer has a good faith doubt as to whether a labor organization claiming the support of a majority of its employees in an appropriate bargaining unit does in fact have that support, it may file with the commission a petition requesting an election to that claim. An employer shall not be deemed to have refused to bargain until an election has been held and the results thereof certified to the employer by the commission. The violation shall include, though not be limited thereby, to the refusal to execute a collective bargaining agreement previously agreed upon. The term of any collective bargaining agreement covering municipal employees who are not school district employees shall not exceed 3 years, and the term of any collective bargaining agreement covering school district employees shall not exceed 4 years.
28,2225p
Section 2225p. 111.70 (3p) of the statutes is created to read:
111.70 (3p) Child care provider services unit. A collective bargaining agreement that covers municipal employees performing services for the child care provider services unit under s. 49.826 shall contain a provision that permits the terms of the agreement to be modified with respect to hours and conditions of employment by a memorandum of understanding under s. 49.826 (3) (b) 4.
28,2226
Section
2226. 111.70 (4) (cm) 5. of the statutes is amended to read:
111.70 (4) (cm) 5. `Voluntary impasse resolution procedures.' In addition to the other impasse resolution procedures provided in this paragraph, a municipal employer and labor organization may at any time, as a permissive subject of bargaining, agree in writing to a dispute settlement procedure, including authorization for a strike by municipal employees or binding interest arbitration, which is acceptable to the parties for resolving an impasse over terms of any collective bargaining agreement under this subchapter. A copy of such agreement shall be filed by the parties with the commission. If the parties agree to any form of binding interest arbitration, the arbitrator shall give weight to the factors enumerated under subds. 7., and 7g. for a collective bargaining unit consisting of municipal employees who are not school district employees and under subd. 7r. for a collective bargaining unit consisting of municipal employees.
28,2227
Section 2227. 111.70 (4) (cm) 5s. of the statutes is repealed.
28,2228
Section
2228. 111.70 (4) (cm) 6. a. of the statutes is amended to read:
