Amendment ASA1-AB40

AB40-ASA1,953,25 101.657 (5) From the appropriation under s. 20.143 (3) 20.165 (2) (j), beginning with fiscal year 2005-06, the department shall allocate $100,000 annually for the contract required under sub. (2) and at least $600,000 annually for the contract required under sub. (3).

AB40-ASA1, s. 2384 Section 2384. 101.935 (2) (e) of the statutes is amended to read:

AB40-ASA1,954,5 101.935 (2) (e) Section 254.69 (2), as it applies to an agent for the department of health services in the administration of s. 254.47, applies to an agent for the department of commerce safety and professional services in the administration of this section.

AB40-ASA1, s. 2385 Section 2385. 101.951 (7) (a) of the statutes is amended to read:

AB40-ASA1,954,14 101.951 (7) (a) The department of commerce safety and professional services may, without notice, deny the application for a license within 60 days after receipt thereof by written notice to the applicant, stating the grounds for the denial. Within 30 days after such notice, the applicant may petition the department of administration to conduct a hearing to review the denial, and a hearing shall be scheduled with reasonable promptness. The division of hearings and appeals shall conduct the hearing. This paragraph does not apply to denials of applications for licenses under s. 101.02 (21).

AB40-ASA1, s. 2386 Section 2386. 101.951 (7) (b) of the statutes is amended to read:

AB40-ASA1,955,3 101.951 (7) (b) No license may be suspended or revoked except after a hearing thereon. The department of commerce safety and professional services shall give the licensee at least 5 days' notice of the time and place of the hearing. The order suspending or revoking such license shall not be effective until after 10 days' written notice thereof to the licensee, after such hearing has been had; except that the department of commerce safety and professional services, when in its opinion the best interest of the public or the trade demands it, may suspend a license upon not less than 24 hours' notice of hearing and with not less than 24 hours' notice of the suspension of the license. Matters involving suspensions and revocations brought before the department of commerce safety and professional services shall be heard and decided upon by the department of administration. The division of hearings and appeals shall conduct the hearing. This paragraph does not apply to licenses that are suspended or revoked under s. 101.02 (21).

AB40-ASA1, s. 2387 Section 2387. 101.951 (7) (c) of the statutes is amended to read:

AB40-ASA1,955,10 101.951 (7) (c) The department of commerce safety and professional services may inspect the pertinent books, records, letters and contracts of a licensee. The actual cost of each such examination shall be paid by such licensee so examined within 30 days after demand therefor by the department, and the department may maintain an action for the recovery of such costs in any court of competent jurisdiction.

AB40-ASA1, s. 2388 Section 2388. 101.953 (1) (a) of the statutes is amended to read:

AB40-ASA1,955,15 101.953 (1) (a) A statement that the manufactured home meets those standards prescribed by law or administrative rule of the department of administration or of the department of commerce safety and professional services that are in effect at the time of the manufacture of the manufactured home.

AB40-ASA1, s. 2389 Section 2389. 101.973 (8) of the statutes is amended to read:

AB40-ASA1,955,18 101.973 (8) Deposit the moneys received from the fees under sub. (7) in the appropriation under s. 20.143 (3) 20.165 (2) (j).

AB40-ASA1, s. 2389g Section 2389g. 101.981 (1) (c) of the statutes is amended to read:

AB40-ASA1,956,2 101.981 (1) (c) "Conveyance" means an elevator, an escalator, a dumbwaiter, a belt manlift, a moving walkway, a platform lift, a personnel hoist, a material hoist and a stairway chair lift, and any other similar device, such as an automated people mover, used to elevate or move people or things, as provided in the rules of the department. "Conveyance" does not include a personnel hoist; a material hoist; a grain elevator; a ski lift or towing device, or; an amusement or thrill ride; or a vertical platform lift, inclined platform lift, or a stairway chair lift that serves an individual residential dwelling unit.

AB40-ASA1, s. 2389m Section 2389m. 101.983 (2) (c) of the statutes is amended to read:

AB40-ASA1,956,18 101.983 (2) (c) Inspections. The department may not issue or renew a permit under this subsection unless the department has received an inspection report for the conveyance issued by an elevator inspector licensed under s. 101.985 (3) indicating that the conveyance complies with this subchapter and any applicable rules promulgated under this subchapter. Upon request of the owner of a private residence containing a newly installed platform lift, stairway chair lift, or residential lift or of the new owner of a private residence containing a previously installed platform lift, stairway chair lift, or residential lift, the department shall inspect the lift or equipment for compliance with this subchapter and any applicable rules promulgated under this subchapter. This inspection by the department does not exempt the owner from the requirement to ensure that the department receives an inspection report from a licensed elevator inspector. Upon performing this inspection, the department shall give the owner notice of relevant conveyance safety requirements and shall instruct the owner as to the procedure for obtaining periodic inspections and renewing the permit under which the lift or equipment is operated.

AB40-ASA1, s. 2389r Section 2389r. 101.983 (2) (d) of the statutes is amended to read:

AB40-ASA1,957,2 101.983 (2) (d) Term and posting requirements. A permit issued under this subsection has a term of one year, except that a permit applicable to a platform lift, stairway chair lift, or residential lift in a private residence is valid until ownership of the private residence is transferred, at which time the new owner shall apply for renewal of the permit under par. (b). The owner of the building or residence in which a conveyance is located shall display the permit under par. (a) applicable to the conveyance on or in the conveyance or, if applicable, in the machinery room.

AB40-ASA1, s. 2390b Section 2390b. 103.24 of the statutes is amended to read:

AB40-ASA1,957,13 103.24 Hours of work. The department shall determine and fix reasonable hours of employment for minors under 16 years of age in street trades. Except as provided in this section, the department may not fix hours of employment for minors under 16 years of age in street trades that exceed the maximum hours per day and per week specified in s. 103.68 (2) (a) and (b), that exceed the maximum days per week specified in s. 103.68 (2) (c), or that begin earlier or end later than the hours specified in s. 103.68 (2) (d) and (e). The department may not limit the hours of employment for minors 16 years of age or over in street trades or the hours of employment for minors of any age who are engaged in the delivery of newspapers to the consumer.

AB40-ASA1, s. 2390c Section 2390c. 103.49 (1) (br) of the statutes is created to read:

AB40-ASA1,957,17 103.49 (1) (br) "Multiple-trade project of public works" means a project of public works in which no single trade accounts for 85 percent or more of the total labor cost of the project.

AB40-ASA1, s. 2390d Section 2390d. 103.49 (1) (em) of the statutes is created to read:

AB40-ASA1,957,21 103.49 (1) (em) "Single-trade project of public works" means a project of public works in which a single trade accounts for 85 percent or more of the total labor cost of the project.

AB40-ASA1, s. 2390e Section 2390e. 103.49 (1m) (intro.) of the statutes is amended to read:

AB40-ASA1,958,2 103.49 (1m) Applicability. (intro.) Subject to sub. (3g), this section applies to any project of public works erected, constructed, repaired, remodeled, or demolished for the state or a state agency, other than a highway, street, or bridge construction or maintenance project, including all of the following:

AB40-ASA1, s. 2390ed Section 2390ed. 103.49 (1m) (a) of the statutes is amended to read:

AB40-ASA1,958,6 103.49 (1m) (a) A project erected, constructed, repaired, remodeled, or demolished by one state agency for another state agency under any contract or under any statute specifically authorizing cooperation between state agencies.

AB40-ASA1, s. 2390f Section 2390f. 103.49 (1m) (b) of the statutes is amended to read:

AB40-ASA1,958,11 103.49 (1m) (b) A project in which the completed facility is leased, purchased, lease purchased, or otherwise acquired by, or dedicated to, the state in lieu of the state or a state agency contracting for the erection, construction, repair, remodeling, or demolition of the facility.

AB40-ASA1, s. 2390h Section 2390h. 103.49 (2m) (b) (intro.) of the statutes is amended to read:

AB40-ASA1,958,21 103.49 (2m) (b) (intro.) Notwithstanding par. (a) 1., a A laborer, worker, mechanic, or truck driver who is regularly employed to process, manufacture, pick up, or deliver materials or products from a commercial establishment that has a fixed place of business from which the establishment regularly supplies processed or manufactured materials or products or from a facility that is not dedicated exclusively, or nearly so, to a project of public works that is subject to this section is not entitled to receive the prevailing wage rate determined under sub. (3) or to receive at least 1.5 times his or her hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor unless any of the following applies:

AB40-ASA1, s. 2390i Section 2390i. 103.49 (2m) (b) 1. of the statutes is amended to read:

AB40-ASA1,959,4 103.49 (2m) (b) 1. The laborer, worker, mechanic, or truck driver is employed to go to the source of mineral aggregate such as sand, gravel, or stone that is to be immediately incorporated into the work, and not stockpiled or further transported by truck, pick up that mineral aggregate, and deliver that mineral aggregate to the site of a project of public works that is subject to this section by depositing the material substantially in place, directly in final place, from the transporting vehicle or through spreaders from the transporting vehicle.

AB40-ASA1, s. 2390L Section 2390L. 103.49 (3) (ar) of the statutes is amended to read:

AB40-ASA1,959,14 103.49 (3) (ar) In determining prevailing wage rates under par. (a) or (am), the department may not use data from projects that are subject to this section, s. 66.0903, 66.0904, 103.50, or 229.8275, or 40 USC 3142 unless the department determines that there is insufficient wage data in the area to determine those prevailing wage rates, in which case the department may use data from projects that are subject to this section, s. 66.0903, 66.0904, 103.50, or 229.8275 , or 40 USC 3142. In determining prevailing wage rates under par. (a) or (am), the department may not use data from any construction work performed by a state agency or a local governmental unit, as defined in s. 66.0903 (1) (d).

AB40-ASA1, s. 2390m Section 2390m. 103.49 (3g) (a) of the statutes is amended to read:

AB40-ASA1,959,18 103.49 (3g) (a) A single-trade project of public works for which the estimated project cost of completion is less than $25,000 $48,000 or a multiple-trade project of public works for which the estimated project cost of completion is less than $100,000.

AB40-ASA1, s. 2390n Section 2390n. 103.49 (3g) (b) of the statutes is amended to read:

AB40-ASA1,959,24 103.49 (3g) (b) A Work performed on a project of public works in which the labor for the project is provided by unpaid volunteers for which the state or the state agency contracting for the project is not required to compensate any contractor, subcontractor, contractor's or subcontractor's agent, or individual for performing the work.

AB40-ASA1, s. 2390p Section 2390p. 103.49 (3g) (f) of the statutes is created to read:

AB40-ASA1,960,1 103.49 (3g) (f) A public highway, street, or bridge project.

AB40-ASA1, s. 2390q Section 2390q. 103.49 (3g) (g) of the statutes is created to read:

AB40-ASA1,960,5 103.49 (3g) (g) A project of public works involving the erection, construction, repair, remodeling, or demolition of a residential property containing 2 dwelling units or less.

AB40-ASA1, s. 2390r Section 2390r. 103.49 (3g) (h) of the statutes is created to read:

AB40-ASA1,960,11 103.49 (3g) (h) A road, street, bridge, sanitary sewer, or water main project that is a part of a development in which not less than 90 percent of the lots contain or will contain 2 dwelling units or less, as determined by the local governmental unit at the time of approval of the development, and that, on completion, is acquired by, or dedicated to, the state for ownership or maintenance by the state.

AB40-ASA1, s. 2390s Section 2390s. 103.49 (5) (am) of the statutes is repealed.

AB40-ASA1, s. 2390t Section 2390t. 103.49 (5) (c) of the statutes is amended to read:

AB40-ASA1,961,15 103.49 (5) (c) If requested by any person, the department shall inspect the payroll records of any contractor, subcontractor, or agent performing work on a project of public works that is subject to this section as provided in this paragraph to ensure compliance with this section. In the case of a request made by a person performing the work specified in sub. (2m), if the department finds that the contractor, subcontractor, or agent subject to the inspection is in compliance and that the request is frivolous, the department shall charge the person making the request the actual cost of the inspection. In the case of a request made by a person not performing the work specified in sub. (2m), if the department finds that the contractor, subcontractor, or agent subject to the inspection is in compliance and that the request is frivolous, the department shall charge the person making the request $250 or the actual cost of the inspection, whichever is greater. In order to find that a request is frivolous, the department must find that the person making the request made the request in bad faith, solely for the purpose of harassing or maliciously injuring the contractor, subcontractor, or agent subject to the inspection, or that the person making the request knew, or should have known, that there was no reasonable basis for believing that a violation of this section had been committed. On receipt of such a request, the department shall request the contractor, subcontractor, or agent to submit to the department a certified record of the information specified in par. (a), other than personally identifiable information relating to an employee of the contractor, subcontractor, or agent, for no longer than a 4-week period. The department may request a contractor, subcontractor, or agent to submit those records no more than once per calendar quarter for each project of public works on which the contractor, subcontractor, or agent is performing work. The department may not charge a requester a fee for obtaining that information. The department shall make available for public inspection certified records submitted to the department under this paragraph.

AB40-ASA1, s. 2390v Section 2390v. 103.50 (2g) of the statutes is created to read:

AB40-ASA1,961,21 103.50 (2g) Nonapplicability. This section does not apply to a single-trade project of public works, as defined in s. 103.49 (1) (em), for which the estimated project cost of completion is less than $48,000 or a multiple-trade project of public works, as defined in s. 103.49 (1) (br), for which the estimated project cost of completion is less than $100,000.

AB40-ASA1, s. 2390w Section 2390w. 103.50 (2m) (b) (intro.) of the statutes is amended to read:

AB40-ASA1,962,6 103.50 (2m) (b) (intro.) Notwithstanding par. (a) 1., a A laborer, worker, mechanic, or truck driver who is regularly employed to process, manufacture, pick up, or deliver materials or products from a commercial establishment that has a fixed place of business from which the establishment regularly supplies processed or manufactured materials or products or from a facility that is not dedicated exclusively, or nearly so, to a project that is subject to this section is not entitled to receive the prevailing wage rate determined under sub. (3) or to receive at least 1.5 times his or her hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor unless any of the following applies:

AB40-ASA1, s. 2390x Section 2390x. 103.50 (2m) (b) 1. of the statutes is amended to read:

AB40-ASA1,962,14 103.50 (2m) (b) 1. The laborer, worker, mechanic or truck driver is employed to go to the source of mineral aggregate such as sand, gravel or stone that is to be immediately incorporated into the work, and not stockpiled or further transported by truck, pick up that mineral aggregate and deliver that mineral aggregate to the site of a project that is subject to this section by depositing the material substantially in place, directly in final place, from transporting the vehicle or through spreaders from the transporting vehicle.

AB40-ASA1, s. 2390z Section 2390z. 103.50 (4) of the statutes is amended to read:

AB40-ASA1,963,2 103.50 (4) Certification of prevailing wage rates. The department of workforce development shall, by May 1 of each year, certify to the department of transportation the prevailing wage rates in each area for all trades or occupations commonly employed in the highway construction industry. The certification shall, in addition to the current prevailing wage rates, include future prevailing wage rates when such prevailing wage rates can be determined for any such trade or occupation in any area and shall specify the effective date of those future prevailing wage rates. The certification shall also include wage rates for work performed on Sundays or the holidays specified in s. 103.49 (1) (c) and shift differentials based on the time of day or night when work is performed. If a construction project extends into more than one area there shall be but one standard of prevailing wage rates for the entire project.

AB40-ASA1, s. 2390zb Section 2390zb. 103.50 (4m) of the statutes is amended to read:

AB40-ASA1,963,9 103.50 (4m) Wage rate data. In determining prevailing wage rates for projects that are subject to this section, the department shall use data from projects that are subject to this section, s. 66.0903, 66.0904, or 103.49, or 40 USC 3142. In determining prevailing wage rates for those projects, the department may not use data from any construction work that is performed by a state agency or a local governmental unit, as defined in s. 66.0903 (1) (d).

AB40-ASA1, s. 2390zc Section 2390zc. 103.503 (title) of the statutes is amended to read:

AB40-ASA1,963,12 103.503 (title) Substance abuse prevention on public works and publicly funded projects.

AB40-ASA1, s. 2390zd Section 2390zd. 103.503 (1) (a) of the statutes is amended to read:

AB40-ASA1,963,18 103.503 (1) (a) "Accident" means an incident caused, contributed to, or otherwise involving an employee that resulted or could have resulted in death, personal injury, or property damage and that occurred while the employee was performing the work described in s. 66.0903 (4), 66.0904 (3), or 103.49 (2m) on a project.

AB40-ASA1, s. 2390ze Section 2390ze. 103.503 (1) (c) of the statutes is amended to read:

AB40-ASA1,963,23 103.503 (1) (c) "Contracting agency" means a local governmental unit, as defined in s. 66.0903 (1) (d), or a state agency, as defined in s. 103.49 (1) (f), or an owner or developer under s. 66.0904 that has contracted for the performance of work on a project.

AB40-ASA1, s. 2390zf Section 2390zf. 103.503 (1) (e) of the statutes is amended to read:

AB40-ASA1,964,3 103.503 (1) (e) "Employee" means a laborer, worker, mechanic, or truck driver who performs the work described in s. 66.0903 (4), 66.0904 (3), or 103.49 (2m) on a project.

AB40-ASA1, s. 2390zg Section 2390zg. 103.503 (1) (g) of the statutes is amended to read:

AB40-ASA1,964,7 103.503 (1) (g) "Project" mean means a project of public works that is subject to s. 66.0903 or 103.49 or a publicly funded private construction project that is subject to s. 66.0904.

AB40-ASA1, s. 2390zh Section 2390zh. 103.503 (2) of the statutes is amended to read:

AB40-ASA1,964,15 103.503 (2) Substance abuse prohibited. No employee may use, possess, attempt to possess, distribute, deliver, or be under the influence of a drug, or use or be under the influence of alcohol, while performing the work described in s. 66.0903 (4), 66.0904 (3), or 103.49 (2m) on a project. An employee is considered to be under the influence of alcohol for purposes of this subsection if he or she has an alcohol concentration that is equal to or greater than the amount specified in s. 885.235 (1g) (d).

AB40-ASA1, s. 2390zhi Section 2390zhi. 103.503 (3) (a) 2. of the statutes is amended to read:

AB40-ASA1,964,23 103.503 (3) (a) 2. A requirement that employees performing the work described in s. 66.0903 (4), 66.0904 (3), or 103.49 (2m) on a project submit to random, reasonable suspicion, and post-accident drug and alcohol testing and to drug and alcohol testing before commencing work on a project, except that testing of an employee before commencing work on a project is not required if the employee has been participating in a random testing program during the 90 days preceding the date on which the employee commenced work on the project.

AB40-ASA1, s. 2390zk Section 2390zk. 103.65 (2) of the statutes is amended to read:

AB40-ASA1,965,4 103.65 (2) No minor shall under 16 years of age may be employed or permitted to work at any employment for such hours of the day or week, or for such days of the week, or at such periods of the day as shall may be dangerous or prejudicial to the life, health, safety, or welfare of such the minor.

AB40-ASA1, s. 2390zL Section 2390zL. 103.66 (2) of the statutes is amended to read:

AB40-ASA1,965,20 103.66 (2) The department may investigate and fix reasonable classifications of employments and hours of employment for minors under 16 years of age and may issue general or special orders fixing for those minors maximum hours of employment for minors per day and per week, maximum days of employment per week, hours at which employment shall may begin and end, and the duration of lunch and other rest periods as are necessary to protect the life, health, safety, and welfare of those minors. For minors under 16 years of age, the department may not fix hours of employment that exceed the maximum hours per day and per week specified in s. 103.68 (2) (a) and (b), that exceed the maximum days per week specified in s. 103.68 (2) (c), or that begin earlier or end later than the hours specified in s. 103.68 (2) (d) and (e). For minors 16 years of age or over, the department may fix the duration of lunch and other rest periods, but may not limit hours of employment or issue general or special orders fixing maximum hours of employment per day or per week, maximum days of employment per week, or hours at which employment may begin and end.

AB40-ASA1, s. 2390zm Section 2390zm. 103.68 (1) of the statutes is amended to read:

AB40-ASA1,966,2 103.68 (1) No minor shall may be employed or permitted to work at any gainful occupation other than domestic service, farm labor, or service as an election inspector under s. 7.30 (2) (am) for more than 8 hours in any one day nor more than 40 hours nor more than 6 days in any one week, nor during such hours as the minor is required under s. 118.15 to attend school.

AB40-ASA1, s. 2390zn Section 2390zn. 103.68 (2) of the statutes is renumbered 103.68 (2) (intro.) and amended to read:

AB40-ASA1,966,9 103.68 (2) (intro.) No minor under 16 shall years of age may be employed or permitted to work in any gainful occupation, other than domestic service or farm labor more than 24 hours in any one week, nor, except in domestic service, farm labor, or in public exhibitions, as defined provided in s. 103.78, or in street trades as defined in s. 103.21, before 7 a.m. nor after 6 p.m. as follows:

AB40-ASA1, s. 2390zp Section 2390zp. 103.68 (2) (a) to (e) of the statutes are created to read:

AB40-ASA1,966,12 103.68 (2) (a) For more than 3 hours on a school day or 8 hours on a nonschool day.

AB40-ASA1,966,13 (b) For more than 18 hours in a school week or 40 hours in a nonschool week.

AB40-ASA1,966,14 (c) For more than 6 days in a week.

AB40-ASA1,966,15 (d) Before 7:00 a.m. or after 7:00 p.m. from the day after Labor Day to May 31.

AB40-ASA1,966,16 (e) Before 7:00 a.m. or after 9:00 p.m. from June 1 to Labor Day.

AB40-ASA1, s. 2390zr Section 2390zr. 104.001 (3) (am) of the statutes is repealed.