Amendment AA20-ASA1-SB55

LRBb1374/1

MGD:cjs:cmh

2001 - 2002 LEGISLATURE

ASSEMBLY AMENDMENT 20, TO ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 2001 SENATE BILL 55

June 29, 2001 - Offered by Representatives Sinicki and Berceau.

SB55-ASA1-AA20,1,1 At the locations indicated, amend the substitute amendment as follows:

SB55-ASA1-AA20,1,2 1. Page 622, line 21: after that line insert:

SB55-ASA1-AA20,1,3 " Section 1770q. 49.45 (6n) of the statutes is created to read:

SB55-ASA1-AA20,1,5 49.45 (6n) Use of funds by nursing facilities in connection with union organizing. (a) In this subsection:

SB55-ASA1-AA20,1,12 1. "Labor organization" means any employee organization in which employees participate and that exists primarily for the purpose of engaging in collective bargaining with any employer concerning grievances, labor disputes, wages, hours or conditions of employment, or the promotion and advancement of the professional or occupational standards and the welfare of its members and families and any organization established for the same purposes composed of individuals or affiliates of any such employee organization.

SB55-ASA1-AA20,2,4 2. "Nursing facility" means a nursing home, as defined in s. 50.01 (3), or a community-based residential facility that is licensed under s. 50.03 and that is certified by the department of health and family services to provide medical assistance services equivalent to those provided by a nursing home.

SB55-ASA1-AA20,2,12 (b) No nursing facility that has received money that is appropriated under s. 20.435 (4) (b), (o), or (w) may use any of that money to influence the decision of any individual to support or oppose a labor organization that represents or seeks to represent the individual or to become a member of a labor organization. This paragraph does not prohibit a person, if otherwise permitted by law, to negotiate or administer a collective bargaining agreement or to perform any action that is required by law or the terms of a collective bargaining agreement. This paragraph does not apply to any money received before January 1, 2002.

SB55-ASA1-AA20,2,18 (c) 1. The department shall accept complaints from any individual who alleges that a nursing facility is violating par. (b). The department shall notify the nursing facility that is the subject of the complaint within 7 days after receiving it and shall direct the nursing facility to provide the department, within 10 days after the department notifies it of the complaint, records showing that it did not violate par. (b).

SB55-ASA1-AA20,2,20 2. Notwithstanding subd. 1., the department may not require a nursing facility to maintain records relating to this subsection in any particular form.

SB55-ASA1-AA20,3,3 (d) The attorney general may bring an action to enforce par. (b). If the court determines that a nursing facility has violated par. (b), the court shall order the nursing facility to repay to the state an amount equal to the amount that the nursing facility received under s. 20.435 (4) (b), (o), or (w) and spent in connection with the nursing facility's violation. The nursing facility shall also forfeit an amount equal to twice the total amount that the nursing facility spent in connection with the nursing facility's violation. The court may also order injunctive relief and any other equitable relief that is appropriate.

SB55-ASA1-AA20,3,5 (e) 1. Any person other than the attorney general may bring an action to enforce par. (b), but only if all of the following apply:

SB55-ASA1-AA20,3,7 a. The person filed with the department a written complaint under par. (c) alleging a violation of par. (b).

SB55-ASA1-AA20,3,11 b. No earlier than 20 days after filing the complaint under par. (c) the person filed with the attorney general a copy of that complaint, a written description of the disposition of the complaint, and a written notice that the person intended to bring an enforcement action under this paragraph.

SB55-ASA1-AA20,3,12 c. At least 60 days have elapsed since the person complied with subd. 1. b.

SB55-ASA1-AA20,3,15 d. The attorney general did not bring an action to enforce par. (b) against the subject of the complaint filed under subd. 1. a. before the expiration of the time period specified in subd. 1. c.

SB55-ASA1-AA20,3,17 e. The complaint that the person files in his or her action is substantially based on the complaint that the person filed under subd. 1. a.

SB55-ASA1-AA20,3,22 2. If, in an action brought under this paragraph, the court determines that a nursing facility violated par. (b), the court shall impose any penalty that would have been required and may order any relief that would have been permitted if the action had been brought under par. (d). Any forfeiture ordered under this subdivision shall be paid to the state.

SB55-ASA1-AA20,3,24 (f) Notwithstanding s. 803.09 (1), any person may intervene in an action brought under par. (d) or (e).

SB55-ASA1-AA20,4,8 (g) If the court determines that a nursing facility violated par. (b) in a case brought under par. (d) or (e), the court shall order the nursing facility to pay the plaintiff's reasonable litigation costs, including a reasonable attorney fee, notwithstanding s. 814.04 (1). If a person has intervened in a case under par. (f), the court shall order the nursing facility or to pay the intervenor's reasonable litigation costs, including a reasonable attorney fee, notwithstanding s. 814.04 (1), if the court determines that the intervenor made a substantial contribution to the plaintiffs in prosecuting the action.

SB55-ASA1-AA20,4,19 (h) 1. If an operator or owner of a nursing facility discharges, demotes, threatens, or otherwise discriminates against an individual regarding compensation or terms, conditions, or privileges of employment because the individual or anyone acting at the request of the individual provided or attempted to provide information to the department or the attorney general regarding possible violations of par. (b), the individual may bring a civil action for any damages resulting from that discharge, demotion, threat, or discrimination. The action shall be commenced within 3 years after the discharge, demotion, threat, or discrimination or be barred. If the plaintiff proves by a preponderance of the evidence that the discharge, demotion, threat, or discrimination occurred, the court may grant any appropriate relief, including the following:

SB55-ASA1-AA20,4,20 a. Reinstatement of the individual to his or her former position.

SB55-ASA1-AA20,4,21 b. Compensatory damages.

SB55-ASA1-AA20,4,22 c. Costs, and not withstanding s. 814.04 (1), reasonable attorney fees.

SB55-ASA1-AA20,4,23 d. Other relief to remedy past discrimination.

SB55-ASA1-AA20,4,25 (2) An individual may not bring an action under subd. 1. if he or she did any of the following:

SB55-ASA1-AA20,5,1 a. Deliberately caused or participated in the violation of par. (b).

SB55-ASA1-AA20,5,3 b. Knowingly or recklessly provided substantially false information to the department regarding a violation of par. (b).

SB55-ASA1-AA20,5,6 (i) Any individual who knowingly authorizes the use of money received under s. 20.435 (4) (b), (o), or (w) in conjunction with a violation of par. (b) shall forfeit all of the following:

SB55-ASA1-AA20,5,7 1. $1,000 for each violation.

SB55-ASA1-AA20,5,9 2. The amount of money that the person authorized to be used under sub. (1) (intro.).".

SB55-ASA1-AA20,5,10 (End)