Amendment ASA1-AB40

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.

AB40-ASA1, s. 2391 Section 2391. 106.14 (2) of the statutes is amended to read:

AB40-ASA1,966,22 106.14 (2) The department shall publicize and maintain on its job center Web site information related to the job programs under ss. program under s. 49.147 (3) and 49.162 so that employers and individuals seeking employment may obtain information about the programs program, including how to participate in them it.

AB40-ASA1, s. 2392 Section 2392. 106.15 (3) (intro.) of the statutes is amended to read:

AB40-ASA1,967,2 106.15 (3) Grants. (intro.) From the appropriations appropriation under s. 20.445 (1) (bc), (jm), and (m), the department shall make grants to persons providing employment and training activities to dislocated workers including all of the following:

AB40-ASA1, s. 2393 Section 2393. 106.16 (3) of the statutes is amended to read:

AB40-ASA1,967,6 106.16 (3) A state agency or an authority under ch. 231 or 234 shall notify the department of commerce Wisconsin Economic Development Corporation if it makes a loan or grant to a company.

AB40-ASA1, s. 2394 Section 2394. 106.20 (1) (e) of the statutes is amended to read:

AB40-ASA1,967,9 106.20 (1) (e) "Minority business" has the meaning given in s. 560.036 16.287 (1) (e).

AB40-ASA1, s. 2395 Section 2395. 106.30 (2) of the statutes is amended to read:

AB40-ASA1,967,17 106.30 (2) Survey form. Each odd-numbered year, the department of workforce development shall develop and submit to the department of regulation and licensing safety and professional services 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.

AB40-ASA1, s. 2396 Section 2396. 106.30 (5) (a) of the statutes is amended to read:

AB40-ASA1,968,3 106.30 (5) (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 safety and professional services; the department of health services; and legislators who are concerned with issues affecting the nursing profession.

AB40-ASA1, s. 2397 Section 2397. 106.30 (5) (b) of the statutes is amended to read:

AB40-ASA1,968,19 106.30 (5) (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 safety and professional services, 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.

AB40-ASA1, s. 2398 Section 2398. 106.50 (6) (a) 3. of the statutes is amended to read:

AB40-ASA1,968,25 106.50 (6) (a) 3. The complaint may be filed by an aggrieved person, by an interested person, by the department of workforce development under par. (b) or, if the complaint charges a violation of sub. (2r) (c), by the department of commerce safety and professional services. The department of workforce development shall, upon request, provide appropriate assistance in completing and filing complaints.

AB40-ASA1, s. 2399 Section 2399. 106.50 (6) (b) of the statutes is amended to read:

AB40-ASA1,969,14 106.50 (6) (b) Powers and duties of department. The department of workforce development and its duly authorized agents may hold hearings, subpoena witnesses, take testimony and make investigations as provided in this subsection. The department of workforce development may test and investigate for the purpose of establishing violations of sub. (2), (2m) or (2r) and may make, sign and file complaints alleging violations of sub. (2), (2m) or (2r). In addition, the department of commerce safety and professional services may make, sign and file complaints alleging violations of sub. (2r) (c). The department of workforce development shall employ examiners to hear and decide complaints of discrimination under this section, and to assist in the administration of this section. The examiners may make findings and issue orders under this subsection. The department of workforce development shall develop and implement an investigation manual for use in conducting investigations under par. (c).

AB40-ASA1, s. 2400 Section 2400. 107.30 (4) of the statutes is amended to read:

AB40-ASA1,969,17 107.30 (4) "Department" means the department of commerce safety and professional services.

AB40-ASA1, s. 2401 Section 2401. 107.30 (10) of the statutes is amended to read:

AB40-ASA1,969,20 107.30 (10) "Mining damage appropriation" means the appropriation under s. 20.143 (3) 20.165 (2) (a).

AB40-ASA1, s. 2402 Section 2402. 107.31 (5) (a) (intro.) of the statutes is amended to read:

AB40-ASA1,969,25 107.31 (5) (a) Calculation. (intro.) The mining damage reserve accumulation is calculated by subtracting the total amount of all mining damages awards paid from the appropriation under s. 20.445 (4) (a), 2001 stats., beginning on May 22, 1980 or paid from the appropriation under s. 20.143 (3) 20.165 (2) (a) from the sum of:

AB40-ASA1, s. 2403 Section 2403. 108.02 (21e) (intro.) of the statutes is amended to read:

AB40-ASA1,970,9 108.02 (21e) Professional employer organization. (intro.) "Professional employer organization" means any person who is currently registered as a professional employer organization with the department of regulation and licensing safety and professional services in accordance with ch. 461, who contracts to provide the nontemporary, ongoing employee workforce of more than one client under a written leasing contract, the majority of whose clients are not under the same ownership, management, or control as the person other than through the terms of the contract, and who under contract and in fact:

AB40-ASA1, s. 2403e Section 2403e. 108.02 (26m) of the statutes is created to read:

AB40-ASA1,970,13 108.02 (26m) Waiting period. "Waiting period" means any period of time under s. 108.04 (3) for which no benefits are payable to a claimant as a condition precedent to receipt of benefits.

AB40-ASA1, s. 2403m Section 2403m. 108.04 (1) (c) of the statutes is created to read:

AB40-ASA1,970,22 108.04 (1) (c) If a claimant fails or refuses to take a test for the presence of illegal drugs that is required by the claimant's employer or a prospective employer as a condition of employment, the employer shall report the failure or refusal to the department. The department shall retain the information received from employers under this paragraph for the purpose of determining eligibility for benefits. A claimant is ineligible to receive benefits for a period of 52 weeks after the week in which the department receives a report of the claimant's failure or refusal under this paragraph. This paragraph applies to the extent permitted under federal law.

AB40-ASA1, s. 2403s Section 2403s. 108.04 (3) of the statutes is created to read:

AB40-ASA1,971,3 108.04 (3) Waiting period. The first week of a claimant's benefit year for which the claimant has timely applied and is otherwise eligible for regular benefits under this chapter is the claimant's waiting period for that benefit year.

AB40-ASA1, s. 2403w Section 2403w. 108.06 (1) of the statutes is amended to read: