AB75-ASA1,1174,229 103.805 (1) The department or a permit officer shall fix and collect a reasonable
10fee based on the cost of issuance of
collect a fee in the amount of $10 for issuing
11permits under ss. 103.25 and 103.71 and certificates of age under s. 103.75. The
12department may authorize the retention of the fees by the
A person designated to
13issue permits and certificates of age as compensation for the person's services if the
14person
who is not on the payroll of the division administering this chapter may retain
15$2.50 of that fee as compensation for the person's services and shall forward $7.50
16of that fee to the department, which shall deposit that amount forwarded in the
17general fund and credit $5 of that amount forwarded to the appropriation account
18under s. 20.445 (1) (gk). A person designated to issue permits and certificates of age
19who is on the payroll of the division administering this chapter shall forward that
20fee to the department, which shall deposit that fee in the general fund and credit $5
21of that fee to the appropriation account under s. 20.445 (1) (gk)
. The permit officer
22shall account for all fees collected as the department prescribes.
AB75-ASA1, s. 2207 23Section 2207. 104.001 (3) (am) of the statutes is created to read:
AB75-ASA1,1175,224 104.001 (3) (am) The requirement that employees employed on a publicly
25funded private construction project for which a city, village, town, or county provides

1financial assistance, as defined in s. 66.0904 (1) (c), be paid at the prevailing wage
2rate, as defined in s. 66.0904 (1) (h), as required under s. 66.0904.
AB75-ASA1, s. 2207n 3Section 2207n. 106.04 of the statutes is created to read:
AB75-ASA1,1175,5 4106.04 Employment of apprentices on state public works projects. (1)
5Definitions. In this section:
AB75-ASA1,1175,76 (a) "Apprenticeship trade trainer" means an employer whose apprenticeship
7training program has been approved by the department under sub. (3).
AB75-ASA1,1175,108 (b) "Employer" means a contractor, subcontractor, or agent of a contractor or
9subcontractor that employs 5 or more employees in trades that are apprenticeable
10under this subchapter.
AB75-ASA1,1175,1211 (c) "New hire" means an apprentice or journeyman who is hired by an employer
12after the employer submits a bid to perform work on a project.
AB75-ASA1,1175,1513 (d) "Project" means a project of public works that is subject to s. 103.49 or 103.50
14in which work is performed by employees employed in trades that are apprenticeable
15under this subchapter.
AB75-ASA1,1175,1816 (e) "Skilled workforce" means that portion of the workforce of an employer that
17consists of employees who are employed in trades that are apprenticeable under this
18subchapter.
AB75-ASA1,1175,2119 (f) "Training ratio" means the ratio of apprentices to journeymen that may be
20employed by an employer in a given trade under standards adopted, recognized, or
21approved by the department.
AB75-ASA1,1175,25 22(2) Employment of apprentices. (a) Subject to par. (b) and sub. (5), a state
23agency that enters into a contract for the performance of work on a project shall
24include in that contract a provision requiring that as a condition to performing that
25work an employer meet all of the following requirements:
AB75-ASA1,1176,3
11. Be approved as an apprenticeship trade trainer or have an application
2pending for that approval at the time the bid to perform work on the project is
3submitted.
AB75-ASA1,1176,54 2. Be certified as the sponsor of an acceptable apprenticeship program under
5sub. (4).
AB75-ASA1,1176,76 (b) Paragraph (a) does not require the employment of an apprentice if that
7employment would displace any journeyman employed on the project.
AB75-ASA1,1176,118 (c) A reference to the requirements under par. (a) shall be published in the
9notice issued for the purpose of securing bids for the project and shall be posted by
10the state agency in at least one conspicuous and easily accessible place on the site
11of the project.
AB75-ASA1,1176,19 12(3) Apprenticeship training. Before submitting a bid to perform work on a
13project, an employer shall apply to the department for approval of the employer's
14apprenticeship training program. If the training program meets an acceptable
15quality of training, as determined by the department, the department shall approve
16that training program and certify the employer as an apprenticeship trade trainer.
17After certification, the department shall periodically review an apprenticeship trade
18trainer's apprentice training program to ensure that the trainer is meeting an
19acceptable quality of training.
AB75-ASA1,1177,7 20(4) Acceptable apprenticeship program. (a) Before submitting a bid to
21perform work on a project, an employer shall submit information to the department
22showing that the employer's total skilled workforce meets any of the requirements
23specified in par. (b) 1. or 2. or, if the employer cannot meet any of those requirements,
24the employer shall make a commitment that the employer's skilled workforce for the
25project will meet any of the requirements specified in par. (c) 1., 2., or 3. If an

1employer's total skilled workforce or workforce for the project meets any of those
2requirements, the department shall certify that the employer is the sponsor of an
3acceptable apprenticeship program. A certification under par. (b) is valid for one year
4after the date of the certification. A certification under par. (c) is valid for the
5duration of the project, so long as the employer submits payrolls and other records
6and information to the department showing the employer's compliance with the
7commitment made under par. (c).
AB75-ASA1,1177,108 (b) The department shall certify that an employer is the sponsor of an
9acceptable apprenticeship program if at any time in the current or preceding year the
10employer employed any of the following:
AB75-ASA1,1177,1211 1. The maximum number of apprentices allowed under the employer's training
12ratio for each trade employed by the employer.
AB75-ASA1,1177,1713 2. In the case of an employer that is seeking certification to perform work on
14projects that are subject to s. 103.49, a skilled workforce in which not less than 10
15percent of the employees are apprentices or, in the case of an employer seeking
16certification to perform work on projects that are subject to s. 103.50, a skilled
17workforce in which not less than 5 percent of the employees are apprentices.
AB75-ASA1,1177,2018 (c) The department shall certify that an employer is the sponsor of an
19acceptable apprenticeship program for purposes of performing work on a particular
20project if the employer commits to employing on the project any of the following:
AB75-ASA1,1177,2221 1. The maximum number of apprentices allowed under the employer's training
22ratio for each trade included in the bid to perform work on the project.
AB75-ASA1,1178,423 2. In the case of an employer that is seeking certification to perform work on
24a project that is subject to s. 103.49, a skilled workforce in which not less than 10
25percent of the hours of work that will be performed on the site of the project will be

1performed by apprentices or, in the case of an employer seeking certification to
2perform work on a project that is subject to s. 103.50, a skilled workforce in which
3not less than 5 percent of the hours of work that will be performed on the site of the
4project will be performed by apprentices.
AB75-ASA1,1178,75 3. New hires so as to achieve the maximum number of apprentices allowed
6under the employer's training ratio for each trade included in the bid to perform work
7on the project.
AB75-ASA1,1178,14 8(5) Exemptions and modifications. An employer may apply to the department
9for an exemption from or modification to the requirements under sub. (2) (a). A
10request for an exemption or modification shall include a showing of good cause why
11the employer cannot comply with those requirements. If the department finds good
12cause for an employer's inability to comply with those requirements, the department
13may grant the requested exemption or modification. Reasons for granting an
14exemption or modification include all of the following:
AB75-ASA1,1178,1515 (a) A demonstrated lack of apprentices available in the area of the project.
AB75-ASA1,1178,1716 (b) The unsuitability of the employer's apprenticeship training program for the
17project or the unavailability of that program at the site of the project.
AB75-ASA1,1178,1918 (c) A disproportionately high ratio of material costs to labor hours on the
19project.
AB75-ASA1,1178,2120 (d) A documented depression in the construction industry in the area of the
21project.
AB75-ASA1,1178,2222 (e) Specific safety or certification considerations.
AB75-ASA1,1178,2523 (f) The necessity of meeting any equal employment opportunity, affirmative
24action, or other workforce participation requirements under any federal, state, or
25local laws, regulations, rules, or ordinances.
AB75-ASA1,1179,11
1(6) Compliance. (a) The department shall monitor compliance with this
2section. In monitoring that compliance the department shall also monitor the age,
3race, and sex of the apprentices employed by an employer performing work on a
4project and the hours worked by those apprentices. To that end, each employer
5performing work on a project shall keep copies of payrolls and other records and
6information as necessary for the department to perform that monitoring. The
7department may demand and examine, and each employer shall furnish upon
8request by the department, copies of those payrolls and other records and
9information. The department may inspect records in the manner provided in ch. 103.
10Every employer performing work on a project is subject to the requirements of ch. 103
11relating to the examination of records.
AB75-ASA1,1179,2012 (b) If an employer fails to meet the requirements of a contract under sub. (2)
13(a) implementing this section, the state agency that entered into the contract shall
14give the employer the opportunity to demonstrate that every good faith effort was
15made to meet the requirements of the contract. If the state agency determines that
16the employer is in compliance with the contract or has demonstrated that every good
17faith effort was made to meet those requirements, no further action shall be taken.
18If the state agency determines that the employer is not in compliance with the
19contract and has not demonstrated that every good faith effort was made to meet
20those requirements, the state agency shall bring an action for breach of contract.
AB75-ASA1,1179,2321 (c) An employer is responsible only for its own compliance with the
22requirements of a contract under sub. (2) (a) and is not responsible for compliance
23with those requirements by any other employer.
AB75-ASA1,1179,2524 (d) Section 111.322 (2m) applies to discharge and other discriminatory acts
25arising in connection with any proceeding under this section.
AB75-ASA1,1180,3
1(7) Construction. Nothing in this section shall be construed as creating any
2right, benefit, claim, or remedy enforceable against the state, any state agency, or
3any officer or employee of the state or of any state agency.
AB75-ASA1, s. 2207t 4Section 2207t. 106.30 of the statutes is created to read:
AB75-ASA1,1180,9 5106.30 Nursing workforce survey and grant. (1) Definition. In this
6section, "nurse" means a registered nurse licensed under s. 441.06 or permitted
7under s. 441.08, a licensed practical nurse licensed or permitted under s. 441.10, an
8advanced practice nurse prescriber certified under s. 441.16 (2), or a nurse-midwife
9licensed under s. 441.15.
AB75-ASA1,1180,16 10(2) Survey form. By October 1 of each odd-numbered year, the department of
11workforce development shall develop and submit to the department of regulation
12and licensing a survey form to gather data under s. 441.01 (7) (a) 1. to assist the
13department of workforce development in evaluating the supply of, demand for, and
14turnover among nurses in this state and in determining whether there are any
15regional shortages of nurses, shortages of nurses in any speciality areas, or
16impediments to entering the nursing profession in this state.
AB75-ASA1,1180,21 17(3) Survey results. Beginning in 2011, by September 30 of each
18odd-numbered year, the department shall compile, process, and evaluate the survey
19results and submit a report of its findings to the speaker of the assembly and the
20president of the senate under s. 13.172 (3) and to the governor, the secretary of health
21services, and the nurse resource center described in sub. (5).
AB75-ASA1,1180,24 22(4) Costs of survey. The department may use no more than 12 percent of the
23amount received under s. 20.445 (1) (km) for costs incurred by the department under
24subs. (2) and (3).
AB75-ASA1,1181,10
1(5) Nursing workforce grants. (a) From the appropriation account under s.
220.445 (1) (km), the department of workforce development shall award grants equal
3to the amount appropriated under s. 20.445 (1) (km) minus the amount expended
4under sub. (4) to a nonprofit statewide nursing center that is comprised of and led
5by nurses and that has demonstrated coordination with constituent groups within
6the nursing community, including professional nursing organizations; organizations
7representing nurse educators, staff nurses, and nurse managers or executives; labor
8organizations representing nurses; the department of regulation and licensing; the
9department of health services; and legislators who are concerned with issues
10affecting the nursing profession.
AB75-ASA1,1181,2411 (b) A statewide nursing center that receives a grant under par. (a) shall use the
12grant moneys to develop strategies to ensure that there is a nursing workforce that
13is adequate to meet the current and future health care needs of this state. The
14statewide nursing center may use those moneys to fund activities that are aimed at
15ensuring such a nursing workforce, including monitoring trends in the applicant pool
16for nursing education programs; evaluating the effectiveness of nursing education
17programs in increasing access to those programs and in enhancing career mobility
18for nurses, especially for populations that are underrepresented in the nursing
19profession; and facilitating partnerships between the nursing community and other
20health care providers, the department of regulation and licensing, the business
21community, the legislature, and educators to promote diversity within the nursing
22profession, enhance career mobility and leadership development for nurses, and
23achieve consensus regarding policies aimed at ensuring an adequate nursing
24workforce in this state.
AB75-ASA1, s. 2210m 25Section 2210m. 108.24 (2) of the statutes is amended to read:
AB75-ASA1,1182,8
1108.24 (2) Except as provided in sub. (2m) and s. 108.16 (8) (m), any person who
2knowingly makes a false statement or representation in connection with any report
3or as to any information duly required by the department under this chapter, or who
4knowingly refuses or fails to keep any records or to furnish any reports or information
5duly required by the department under this chapter, shall be fined not less than $100
6nor more than $500, or imprisoned not more than 90 days or both; and each such false
7statement or representation and every day of such refusal or failure constitutes a
8separate offense.
AB75-ASA1, s. 2210n 9Section 2210n. 108.24 (2m) of the statutes is created to read:
AB75-ASA1,1182,1310 108.24 (2m) Any employer described in s. 108.18 (2) (c) who willfully provides
11false information to the department for the purpose of misclassifying or attempting
12to misclassify an individual who is an employee of the employer as a nonemployee
13shall be fined $25,000 for each violation.
AB75-ASA1, s. 2211 14Section 2211. 109.03 (3) (a) of the statutes is amended to read:
AB75-ASA1,1182,1815 109.03 (3) (a) In case of the death of an employee to whom wages are due, the
16full amount of the wages due shall upon demand be paid by the employer to the
17spouse, domestic partner under ch. 770, children, or other dependent living with the
18employee at the time of death.
AB75-ASA1, s. 2212 19Section 2212. 109.03 (3) (b) of the statutes is amended to read:
AB75-ASA1,1182,2420 109.03 (3) (b) An employer may, not less than 5 days after the death of an
21employee and before the filing of a petition or application for administration of the
22decedent's estate, make payments of the wage due the deceased employee to the
23spouse, domestic partner under ch. 770, children, parents, or siblings of the decedent,
24giving preference in the order listed.
AB75-ASA1, s. 2213 25Section 2213. 109.03 (3) (c) of the statutes is amended to read:
AB75-ASA1,1183,4
1109.03 (3) (c) If none of the relatives persons listed in par. (b) survives, the
2employer may apply the payment of the wage or so much of the wage as may be
3necessary to paying creditors of the decedent in the order of preference prescribed
4in s. 859.25 for satisfaction of debts by personal representatives.
AB75-ASA1, s. 2214 5Section 2214. 109.09 (1) of the statutes is amended to read:
AB75-ASA1,1184,26 109.09 (1) The department shall investigate and attempt equitably to adjust
7controversies between employers and employees as to alleged wage claims. The
8department may receive and investigate any wage claim which is filed with the
9department, or received by the department under s. 109.10 (4), no later than 2 years
10after the date the wages are due. The department may, after receiving a wage claim,
11investigate any wages due from the employer against whom the claim is filed to any
12employee during the period commencing 2 years before the date the claim is filed.
13The department shall enforce this chapter and ss. 66.0903, 66.0904, 103.02, 103.49,
14103.82, 104.12, and 229.8275. In pursuance of this duty, the department may sue the
15employer on behalf of the employee to collect any wage claim or wage deficiency and
16ss. 109.03 (6) and 109.11 (2) and (3) shall apply to such actions. Except for actions
17under s. 109.10, the department may refer such an action to the district attorney of
18the county in which the violation occurs for prosecution and collection and the
19district attorney shall commence an action in the circuit court having appropriate
20jurisdiction. Any number of wage claims or wage deficiencies against the same
21employer may be joined in a single proceeding, but the court may order separate
22trials or hearings. In actions that are referred to a district attorney under this
23subsection, any taxable costs recovered by the district attorney shall be paid into the
24general fund of the county in which the violation occurs and used by that county to

1meet its financial responsibility under s. 978.13 (2) (b) for the operation of the office
2of the district attorney who prosecuted the action.
AB75-ASA1, s. 2216b 3Section 2216b. 110.072 of the statutes is created to read:
AB75-ASA1,1184,8 4110.072 Contracts related to state traffic patrol vehicles.
5Notwithstanding s. 16.705, the department may not contract with any 3rd party for
6the 3rd party to provide services to the department related to the installation and
7maintenance of communications and other law enforcement equipment on state
8traffic patrol vehicles.
AB75-ASA1, s. 2216e 9Section 2216e. 110.08 (2) of the statutes is amended to read:
AB75-ASA1,1184,1110 110.08 (2) Except as provided under s. 343.16 (1) (b) and to (c), all examinations
11for operator's licenses and permits shall be given by state examiners.
AB75-ASA1, s. 2216g 12Section 2216g. 111.02 (3) of the statutes is amended to read:
AB75-ASA1,1185,213 111.02 (3) "Collective bargaining unit" means all of the employees of one
14employer, employed within the state, except as provided in s. 111.05 (5) and (7) and
15except that where a majority of the employees engaged in a single craft, division,
16department or plant have voted by secret ballot as provided in s. 111.05 (2) to
17constitute such group a separate bargaining unit they shall be so considered, but, in
18appropriate cases, and to aid in the more efficient administration of ss. 111.01 to
19111.19, the commission may find, where agreeable to all parties affected in any way
20thereby, an industry, trade or business comprising more than one employer in an
21association in any geographical area to be a "collective bargaining unit". A collective
22bargaining unit thus established by the commission shall be subject to all rights by
23termination or modification given by ss. 111.01 to 111.19 in reference to collective
24bargaining units otherwise established under ss. 111.01 to 111.19. Two or more
25collective bargaining units may bargain collectively through the same

1representative where a majority of the employees in each separate unit have voted
2by secret ballot as provided in s. 111.05 (2) so to do.
AB75-ASA1, s. 2216j 3Section 2216j. 111.02 (6) (am) of the statutes is created to read:
AB75-ASA1,1185,64 111.02 (6) (am) "Employee" includes a day care provider certified under s.
548.651 and a day care provider licensed under s. 48.65 who provides care and
6supervision for not more than 8 children who are not related to the day care provider.
AB75-ASA1, s. 2216L 7Section 2216L. 111.02 (7) of the statutes is renumbered 111.02 (7) (a) (intro.)
8and amended to read:
AB75-ASA1,1185,109 111.02 (7) (a) (intro.) The term "employer" "Employer" means a person who
10engages the services of an employee, and includes any all of the following:
AB75-ASA1,1185,12 111. A person acting on behalf of an employer within the scope of his or her
12authority, express or implied, but shall.
AB75-ASA1,1185,13 13(b) "Employer" does not include the any of the following:
AB75-ASA1,1185,15 141. Except as provided in par. (a) 4., the state or any political subdivision thereof,
15or any
.
AB75-ASA1,1185,18 162. Any labor organization or anyone acting in behalf of such organization other
17than when it is acting as an employer in fact. For purposes of this subsection, a
18person who engages the services of an employee includes the
AB75-ASA1,1185,19 19(a) 2. The University of Wisconsin Hospitals and Clinics Authority and a .
AB75-ASA1,1185,20 203. A local cultural arts district created under subch. V of ch. 229.
AB75-ASA1, s. 2216n 21Section 2216n. 111.02 (7) (a) 4. of the statutes is created to read:
AB75-ASA1,1185,2422 111.02 (7) (a) 4. With respect to an employee under sub. (6) (am), the state,
23counties, and other administrative entities involved in regulation and subsidization
24of employees under sub. (6) (am).
AB75-ASA1, s. 2216p 25Section 2216p. 111.02 (7m) of the statutes is amended to read:
AB75-ASA1,1186,7
1111.02 (7m) "Fair-share agreement" means an agreement between the
2University of Wisconsin Hospitals and Clinics Authority and a labor organization
3representing employees of that authority, or between an employer defined under sub.
4(7) (a) 4. and a labor organization representing employees under sub. (6) (am),
under
5which all of the employees in a collective bargaining unit are required to pay their
6proportionate share of the cost of the collective bargaining process and contract
7administration measured by the amount of dues uniformly required of all members.
AB75-ASA1, s. 2216r 8Section 2216r. 111.02 (9m) of the statutes is renumbered 111.02 (9m) (intro.)
9and amended to read:
AB75-ASA1,1186,1110 111.02 (9m) (intro.) "Maintenance of membership agreement" means an any
11of the following:
AB75-ASA1,1186,18 12(a) An agreement between the University of Wisconsin Hospitals and Clinics
13Authority and a labor organization representing employees of that authority which
14requires that all of the employees whose dues are being deducted from earnings
15under s. 20.921 (1) or 111.06 (1) (i) at the time the agreement takes effect shall
16continue to have dues deducted for the duration of the agreement and that dues shall
17be deducted from the earnings of all employees who are hired on or after the effective
18date of the agreement.
AB75-ASA1, s. 2216t 19Section 2216t. 111.02 (9m) (b) of the statutes is created to read:
AB75-ASA1,1186,2520 111.02 (9m) (b) An agreement between an employer under sub. (7) (a) 4. and
21a labor organization representing employees under sub. (6) (am) which requires that
22all of the employees whose dues are being deducted from earnings under s. 111.06 (1)
23(i) at the time the agreement takes effect shall continue to have dues deducted for
24the duration of the agreement and that dues shall be deducted from the earnings of
25all employees who are hired on or after the effective date of the agreement.
AB75-ASA1, s. 2216v
1Section 2216v. 111.02 (10m) of the statutes is amended to read:
AB75-ASA1,1187,72 111.02 (10m) "Referendum" means a proceeding conducted by the commission
3in which employees of the University of Wisconsin Hospitals and Clinics Authority
4in a collective bargaining unit or in which employees under sub. (6) (am) in a
5collective bargaining unit
may cast a secret ballot on the question of directing the
6labor organization and the employer to enter into a fair-share or maintenance of
7membership agreement or to terminate such an agreement.
AB75-ASA1, s. 2216w 8Section 2216w. 111.05 (2) of the statutes is amended to read:
AB75-ASA1,1187,149 111.05 (2) Except as provided in sub. subs. (5) and (7), whenever a question
10arises concerning the determination of a collective bargaining unit as defined in s.
11111.02 (3), it shall be determined by secret ballot, and the commission, upon request,
12shall cause the ballot to be taken in such manner as to show separately the wishes
13of the employees in any craft, division, department or plant as to the determination
14of the collective bargaining unit.
AB75-ASA1, s. 2216y 15Section 2216y. 111.05 (7) of the statutes is created to read:
AB75-ASA1,1187,1716 111.05 (7) Employees under s. 111.02 (6) (am) shall comprise a single collective
17bargaining unit.
AB75-ASA1, s. 2216ym 18Section 2216ym. 111.322 (2m) (a) of the statutes, as affected by 2009
19Wisconsin Act 3
, is amended to read:
AB75-ASA1,1187,2320 111.322 (2m) (a) The individual files a complaint or attempts to enforce any
21right under s. 103.02, 103.10, 103.13, 103.28, 103.32, 103.34, 103.455, 103.50,
22104.12, 106.04, 109.03, 109.07, 109.075, or 146.997 or ss. 101.58 to 101.599 or 103.64
23to 103.82.
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