AB40-ASA1,963,1814
103.503
(1) (a) "Accident" means an incident caused, contributed to, or
15otherwise involving an employee that resulted or could have resulted in death,
16personal injury, or property damage and that occurred while the employee was
17performing the work described in s. 66.0903 (4)
, 66.0904 (3), or 103.49 (2m) on a
18project.
AB40-ASA1,963,2320
103.503
(1) (c) "Contracting agency" means a local governmental unit, as
21defined in s. 66.0903 (1) (d),
or a state agency, as defined in s. 103.49 (1) (f),
or an
22owner or developer under s. 66.0904 that has contracted for the performance of work
23on a project.
AB40-ASA1,964,3
1103.503
(1) (e) "Employee" means a laborer, worker, mechanic, or truck driver
2who performs the work described in s. 66.0903 (4)
, 66.0904 (3), or 103.49 (2m) on a
3project.
AB40-ASA1,964,75
103.503
(1) (g) "Project"
mean
means a project of public works that is subject
6to s. 66.0903 or 103.49
or a publicly funded private construction project that is subject
7to s. 66.0904.
AB40-ASA1,964,159
103.503
(2) Substance abuse prohibited. No employee may use, possess,
10attempt to possess, distribute, deliver, or be under the influence of a drug, or use or
11be under the influence of alcohol, while performing the work described in s. 66.0903
12(4)
, 66.0904 (3), or 103.49 (2m) on a project. An employee is considered to be under
13the influence of alcohol for purposes of this subsection if he or she has an alcohol
14concentration that is equal to or greater than the amount specified in s. 885.235 (1g)
15(d).
AB40-ASA1,964,2317
103.503
(3) (a) 2. A requirement that employees performing the work described
18in s. 66.0903 (4)
, 66.0904 (3), or 103.49 (2m) on a project submit to random,
19reasonable suspicion, and post-accident drug and alcohol testing and to drug and
20alcohol testing before commencing work on a project, except that testing of an
21employee before commencing work on a project is not required if the employee has
22been participating in a random testing program during the 90 days preceding the
23date on which the employee commenced work on the project.
AB40-ASA1,965,4
1103.65
(2) No minor
shall
under 16 years of age may be employed or permitted
2to work at any employment for such hours of the day or week,
or for such days of the
3week, or at such periods of the day as
shall may be dangerous or prejudicial to the
4life, health, safety
, or welfare of
such the minor.
AB40-ASA1,965,206
103.66
(2) The department may investigate and fix reasonable classifications
7of employments and hours of employment for minors
under 16 years of age and may
8issue general or special orders fixing
for those minors maximum hours of
9employment
for minors per day and per week, maximum days of employment per
10week, hours at which employment
shall may begin and end
, and the duration of
11lunch and other rest periods as are necessary to protect the life, health, safety, and
12welfare of
those minors.
For minors under 16 years of age, the department may not
13fix hours of employment that exceed the maximum hours per day and per week
14specified in s. 103.68 (2) (a) and (b), that exceed the maximum days per week specified
15in s. 103.68 (2) (c), or that begin earlier or end later than the hours specified in s.
16103.68 (2) (d) and (e). For minors 16 years of age or over, the department may fix the
17duration of lunch and other rest periods, but may not limit hours of employment or
18issue general or special orders fixing maximum hours of employment per day or per
19week, maximum days of employment per week, or hours at which employment may
20begin and end.
AB40-ASA1,966,222
103.68
(1) No minor
shall may be employed or permitted to work at any gainful
23occupation
other than domestic service, farm labor, or service as an election inspector
24under s. 7.30 (2) (am) for more than 8 hours in any one day nor more than 40 hours
1nor more than 6 days in any one week, nor during such hours as the minor is required
2under s. 118.15 to attend school.
AB40-ASA1, s. 2390zn
3Section 2390zn. 103.68 (2) of the statutes is renumbered 103.68 (2) (intro.)
4and amended to read:
AB40-ASA1,966,95
103.68
(2) (intro.) No minor under 16
shall years of age may be employed or
6permitted to work in any gainful occupation
, other than
domestic service or farm
7labor more than 24 hours in any one week, nor, except in domestic service, farm labor,
8or
in public exhibitions
, as
defined provided in s. 103.78,
or in street trades as defined
9in s. 103.21, before 7 a.m. nor after 6 p.m. as follows:
AB40-ASA1,966,1211
103.68
(2) (a) For more than 3 hours on a school day or 8 hours on a nonschool
12day.
AB40-ASA1,966,1313
(b) For more than 18 hours in a school week or 40 hours in a nonschool week.
AB40-ASA1,966,1414
(c) For more than 6 days in a week.
AB40-ASA1,966,1515
(d) Before 7:00 a.m. or after 7:00 p.m. from the day after Labor Day to May 31.
AB40-ASA1,966,1616
(e) Before 7:00 a.m. or after 9:00 p.m. from June 1 to Labor Day.
AB40-ASA1,966,2219
106.14
(2) The department shall publicize and maintain on its job center Web
20site information related to the job
programs under ss.
program under s. 49.147 (3)
21and 49.162 so that employers and individuals seeking employment may obtain
22information about the
programs program, including how to participate in
them it.
AB40-ASA1, s. 2392
23Section
2392. 106.15 (3) (intro.) of the statutes is amended to read:
AB40-ASA1,967,224
106.15
(3) Grants. (intro.) From the
appropriations appropriation under s.
2520.445 (1)
(bc), (jm), and (m), the department shall make grants to persons providing
1employment and training activities to dislocated workers including all of the
2following:
AB40-ASA1,967,64
106.16
(3) A state agency or an authority under ch. 231 or 234 shall notify the
5department of commerce Wisconsin Economic Development Corporation if it makes
6a loan or grant to a company.
AB40-ASA1,967,98
106.20
(1) (e) "Minority business" has the meaning given in s.
560.036 16.287 9(1) (e).
AB40-ASA1,967,1711
106.30
(2) Survey form. Each odd-numbered year, the department of
12workforce development shall develop and submit to the department of
regulation
13and licensing safety and professional services a survey form to gather data under s.
14441.01 (7) (a) 1. to assist the department of workforce development in evaluating the
15supply of, demand for, and turnover among nurses in this state and in determining
16whether there are any regional shortages of nurses, shortages of nurses in any
17speciality areas, or impediments to entering the nursing profession in this state.
AB40-ASA1,968,319
106.30
(5) (a) From the appropriation account under s. 20.445 (1) (km), the
20department of workforce development shall award grants equal to the amount
21appropriated under s. 20.445 (1) (km) minus the amount expended under sub. (4) to
22a nonprofit statewide nursing center that is comprised of and led by nurses and that
23has demonstrated coordination with constituent groups within the nursing
24community, including professional nursing organizations; organizations
25representing nurse educators, staff nurses, and nurse managers or executives; labor
1organizations representing nurses; the department of
regulation and licensing 2safety and professional services; the department of health services; and legislators
3who are concerned with issues affecting the nursing profession.
AB40-ASA1,968,195
106.30
(5) (b) A statewide nursing center that receives a grant under par. (a)
6shall use the grant moneys to develop strategies to ensure that there is a nursing
7workforce that is adequate to meet the current and future health care needs of this
8state. The statewide nursing center may use those moneys to fund activities that are
9aimed at ensuring such a nursing workforce, including monitoring trends in the
10applicant pool for nursing education programs; evaluating the effectiveness of
11nursing education programs in increasing access to those programs and in
12enhancing career mobility for nurses, especially for populations that are
13underrepresented in the nursing profession; and facilitating partnerships between
14the nursing community and other health care providers, the department of
15regulation and licensing safety and professional services, the business community,
16the legislature, and educators to promote diversity within the nursing profession,
17enhance career mobility and leadership development for nurses, and achieve
18consensus regarding policies aimed at ensuring an adequate nursing workforce in
19this state.
AB40-ASA1,968,2521
106.50
(6) (a) 3. The complaint may be filed by an aggrieved person, by an
22interested person, by the department of workforce development under par. (b) or, if
23the complaint charges a violation of sub. (2r) (c), by the department of
commerce 24safety and professional services. The department of workforce development shall,
25upon request, provide appropriate assistance in completing and filing complaints.
AB40-ASA1,969,142
106.50
(6) (b)
Powers and duties of department. The department of workforce
3development and its duly authorized agents may hold hearings, subpoena witnesses,
4take testimony and make investigations as provided in this subsection. The
5department of workforce development may test and investigate for the purpose of
6establishing violations of sub. (2), (2m) or (2r) and may make, sign and file
7complaints alleging violations of sub. (2), (2m) or (2r). In addition, the department
8of
commerce safety and professional services may make, sign and file complaints
9alleging violations of sub. (2r) (c). The department of workforce development shall
10employ examiners to hear and decide complaints of discrimination under this
11section, and to assist in the administration of this section. The examiners may make
12findings and issue orders under this subsection. The department of workforce
13development shall develop and implement an investigation manual for use in
14conducting investigations under par. (c).
AB40-ASA1,969,1716
107.30
(4) "Department" means the department of
commerce safety and
17professional services.
AB40-ASA1,969,2019
107.30
(10) "Mining damage appropriation" means the appropriation under s.
2020.143 (3) 20.165 (2) (a).
AB40-ASA1, s. 2402
21Section
2402. 107.31 (5) (a) (intro.) of the statutes is amended to read:
AB40-ASA1,969,2522
107.31
(5) (a)
Calculation. (intro.) The mining damage reserve accumulation
23is calculated by subtracting the total amount of all mining damages awards paid
24from the appropriation under s. 20.445 (4) (a), 2001 stats., beginning on May 22, 1980
25or paid from the appropriation under s.
20.143 (3)
20.165 (2) (a) from the sum of:
AB40-ASA1, s. 2403
1Section
2403. 108.02 (21e) (intro.) of the statutes is amended to read:
AB40-ASA1,970,92
108.02
(21e) Professional employer organization. (intro.) "Professional
3employer organization" means any person who is currently registered as a
4professional employer organization with the department of
regulation and licensing 5safety and professional services in accordance with ch. 461, who contracts to provide
6the nontemporary, ongoing employee workforce of more than one client under a
7written leasing contract, the majority of whose clients are not under the same
8ownership, management, or control as the person other than through the terms of
9the contract, and who under contract and in fact:
AB40-ASA1,970,1311
108.02
(26m) Waiting period. "Waiting period" means any period of time under
12s. 108.04 (3) for which no benefits are payable to a claimant as a condition precedent
13to receipt of benefits.
AB40-ASA1,970,2215
108.04
(1) (c) If a claimant fails or refuses to take a test for the presence of
16illegal drugs that is required by the claimant's employer or a prospective employer
17as a condition of employment, the employer shall report the failure or refusal to the
18department. The department shall retain the information received from employers
19under this paragraph for the purpose of determining eligibility for benefits. A
20claimant is ineligible to receive benefits for a period of 52 weeks after the week in
21which the department receives a report of the claimant's failure or refusal under this
22paragraph. This paragraph applies to the extent permitted under federal law.
AB40-ASA1,971,3
1108.04
(3) Waiting period. The first week of a claimant's benefit year for which
2the claimant has timely applied and is otherwise eligible for regular benefits under
3this chapter is the claimant's waiting period for that benefit year.
AB40-ASA1,971,145
108.06
(1) Except as provided in subs. (6) and (7) and ss. 108.141 and 108.142,
6no claimant may receive total benefits based on employment in a base period greater
7than 26 times the claimant's weekly benefit rate under s. 108.05 (1) or 40% of the
8claimant's base period wages, whichever is lower. Except as provided in subs. (6) and
9(7) and ss. 108.141 and 108.142, if a claimant's base period wages are reduced or
10canceled under s. 108.04 (5) or (18), or suspended under s. 108.04 (1)
(c) or (f), (10)
11(a), or (17), the claimant may not receive total benefits based on employment in a base
12period greater than 26 times the claimant's weekly benefit rate under s. 108.05 (1)
13or 40% of the base period wages not reduced, canceled or suspended which were paid
14or payable to the claimant, whichever is lower.
AB40-ASA1,971,2116
109.07
(1m) (b) The department shall promptly provide a copy of the notice
17required under par. (a)
to the department of commerce and to the office of the
18commissioner of insurance and shall cooperate
with the department of commerce in
19the performance of its responsibilities under s. 560.15 and with the office of the
20commissioner of insurance in the performance of its responsibilities under s. 601.41
21(7).
AB40-ASA1,972,1823
109.09
(1) The department shall investigate and attempt equitably to adjust
24controversies between employers and employees as to alleged wage claims. The
25department may receive and investigate any wage claim which is filed with the
1department, or received by the department under s. 109.10 (4), no later than 2 years
2after the date the wages are due. The department may, after receiving a wage claim,
3investigate any wages due from the employer against whom the claim is filed to any
4employee during the period commencing 2 years before the date the claim is filed.
5The department shall enforce this chapter and ss. 66.0903,
66.0904, 103.02, 103.49,
6103.82, 104.12, and 229.8275. In pursuance of this duty, the department may sue the
7employer on behalf of the employee to collect any wage claim or wage deficiency and
8ss. 109.03 (6) and 109.11 (2) and (3) shall apply to such actions. Except for actions
9under s. 109.10, the department may refer such an action to the district attorney of
10the county in which the violation occurs for prosecution and collection and the
11district attorney shall commence an action in the circuit court having appropriate
12jurisdiction. Any number of wage claims or wage deficiencies against the same
13employer may be joined in a single proceeding, but the court may order separate
14trials or hearings. In actions that are referred to a district attorney under this
15subsection, any taxable costs recovered by the district attorney shall be paid into the
16general fund of the county in which the violation occurs and used by that county to
17meet its financial responsibility under s. 978.13 (2) (b) for the operation of the office
18of the district attorney who prosecuted the action.
AB40-ASA1,972,2120
110.08
(2) Except as provided under
sub. (5) (b) and s. 343.16 (1) (b) to (c), all
21examinations for operator's licenses and permits shall be given by state examiners.
AB40-ASA1,972,2523
110.08
(5) (a) The department shall provide in each county, directly or by
24contract as described in par. (b), at least 20 hours per week of services relating to
25operator's licenses and identification cards.
AB40-ASA1,973,10
1(b) The department shall provide the services required under par. (a) by the
2most cost-effective means possible, which may include contracting with counties or
3other local governments to provide these services. Notwithstanding any provision
4of ss. 343.14 and 343.16, a contract between the department and a county or other
5local government under this paragraph may authorize an employee of the county or
6local government to conduct any examination for an operator's license except a
7driving skills test. The department may require any employee of a county or local
8government who provides services under a contract entered into under this
9paragraph to satisfy any requirement under s. 110.09 that would be required of an
10employee of the department.
AB40-ASA1,973,1412
111.322
(2m) (c) The individual files a complaint or attempts to enforce a right
13under s. 66.0903,
66.0904, 103.49, or 229.8275 or testifies or assists in any action or
14proceeding under s. 66.0903,
66.0904, 103.49, or 229.8275.
AB40-ASA1,973,2016
111.335
(1) (cv) Notwithstanding s. 111.322, it is not employment
17discrimination because of conviction record to refuse to employ in a position in the
18classified service
or in a position described in s. 230.08 (2) (k) a person who has been
19convicted under 50 USC, Appendix, section 462 for refusing to register with the
20selective service system and who has not been pardoned.
AB40-ASA1,974,2122
111.70
(1) (a) "Collective bargaining" means the performance of the mutual
23obligation of a municipal employer, through its officers and agents, and the
24representative of its municipal employees in a collective bargaining unit, to meet and
25confer at reasonable times, in good faith, with the intention of reaching an
1agreement, or to resolve questions arising under such an agreement, with respect to
2wages, hours, and conditions of employment, and with respect to a requirement of
3the municipal employer for a municipal employee to perform law enforcement and
4fire fighting services under s.
60.553, 61.66
, or 62.13 (2e) and for a school district with
5respect to any matter under sub. (4)
(n) and (o),
and for a school district with respect
6to any matter under sub. (4) (n), except as provided in subs. (3m), (3p), and (4) (m)
7and (mc) and s. 40.81 (3) and except that a municipal employer shall not meet and
8confer with respect to any proposal to diminish or abridge the rights guaranteed to
9municipal employees under ch. 164. The duty to bargain, however, does not compel
10either party to agree to a proposal or require the making of a concession. Collective
11bargaining includes the reduction of any agreement reached to a written and signed
12document. The municipal employer shall not be required to bargain on subjects
13reserved to management and direction of the governmental unit except insofar as the
14manner of exercise of such functions affects the wages, hours, and conditions of
15employment of the municipal employees in a collective bargaining unit. In creating
16this subchapter the legislature recognizes that the municipal employer must
17exercise its powers and responsibilities to act for the government and good order of
18the jurisdiction which it serves, its commercial benefit and the health, safety, and
19welfare of the public to assure orderly operations and functions within its
20jurisdiction, subject to those rights secured to municipal employees by the
21constitutions of this state and of the United States and by this subchapter.
AB40-ASA1,975,523
111.70
(1) (j) "Municipal employer" means any city, county, village, town,
24metropolitan sewerage district, school district, long-term care district,
transit
25authority under s. 59.58 (7) or 66.1039, or any other political subdivision of the state,
1or instrumentality of one or more political subdivisions of the state, that engages the
2services of an employee and includes any person acting on behalf of a municipal
3employer within the scope of the person's authority, express or implied, but
4specifically does not include a local cultural arts district created under subch. V of
5ch. 229.
AB40-ASA1, s. 2407dg
6Section 2407dg. 111.70 (4) (c) 2. a. of the statutes is renumbered 111.70 (4) (c)
72.
AB40-ASA1,975,1410
111.70
(4) (jm) 4w. In determining the proper compensation to be received by
11members of the police department under subd. 4., the arbitrator shall give greater
12weight to the economic conditions in the 1st class city than the arbitrator gives to the
13factors under subd. 5. The arbitrator shall give an accounting of the consideration
14of this factor in the arbitrator's decision.
AB40-ASA1, s. 2408cx
15Section 2408cx. 111.70 (4) (jm) 5. (intro.) of the statutes is amended to read:
AB40-ASA1,975,1816
111.70
(4) (jm) 5. (intro.) In determining the proper compensation to be received
17by members of the
police department under subd. 4.,
in addition to the factor under
18subd. 4w., the arbitrator shall utilize:
AB40-ASA1, s. 2409cy
20Section 2409cy. 111.70 (4) (mc) 5. and 6. of the statutes are created to read:
AB40-ASA1,976,721
111.70
(4) (mc) 5. If the collective bargaining unit contains a public safety
22employee who is initially employed on or after the effective date of this subdivision
23.... [LRB inserts date], the requirement under ss. 40.05 (1) (b), 59.875, and 62.623
24that the municipal employer may not pay, on behalf of that public safety employee
25any employee required contributions or the employee share of required
1contributions, and the impact of this requirement on the wages, hours, and
2conditions of employment of that public safety employee. If a public safety employee
3is initially employed by a municipal employer before the effective date of this
4subdivision .... [LRB inserts date], this subdivision does not apply to that public
5safety employee if he or she is employed as a public safety employee by a successor
6municipal employer in the event of a combined department that is created on or after
7that date.
AB40-ASA1,976,118
6. The design and selection of health care coverage plans by the municipal
9employer for public safety employees, and the impact of the design and selection of
10the health care coverage plans on the wages, hours, and conditions of employment
11of the public safety employee.
AB40-ASA1, s. 2409it
12Section 2409it. 111.77 (6) of the statutes is renumbered 111.77 (6) (bm), and
13111.77 (6) (bm) (intro.), as renumbered, is amended to read:
AB40-ASA1,976,1514
111.77
(6) (bm) (intro.) In reaching a decision
, in addition to the factors under
15par. (am), the arbitrator shall give weight to the following factors: