Amendment ASA1-AB40

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:

AB40-ASA1,971,14 108.06 (1) Except as provided in subs. (6) and (7) and ss. 108.141 and 108.142, no claimant may receive total benefits based on employment in a base period greater than 26 times the claimant's weekly benefit rate under s. 108.05 (1) or 40% of the claimant's base period wages, whichever is lower. Except as provided in subs. (6) and (7) and ss. 108.141 and 108.142, if a claimant's base period wages are reduced or canceled under s. 108.04 (5) or (18), or suspended under s. 108.04 (1) (c) or (f), (10) (a), or (17), the claimant may not receive total benefits based on employment in a base period greater than 26 times the claimant's weekly benefit rate under s. 108.05 (1) or 40% of the base period wages not reduced, canceled or suspended which were paid or payable to the claimant, whichever is lower.

AB40-ASA1, s. 2404 Section 2404. 109.07 (1m) (b) of the statutes is amended to read:

AB40-ASA1,971,21 109.07 (1m) (b) The department shall promptly provide a copy of the notice required under par. (a) to the department of commerce and to the office of the commissioner of insurance and shall cooperate with the department of commerce in the performance of its responsibilities under s. 560.15 and with the office of the commissioner of insurance in the performance of its responsibilities under s. 601.41 (7).

AB40-ASA1, s. 2404c Section 2404c. 109.09 (1) of the statutes is amended to read:

AB40-ASA1,972,18 109.09 (1) The department shall investigate and attempt equitably to adjust controversies between employers and employees as to alleged wage claims. The department may receive and investigate any wage claim which is filed with the department, or received by the department under s. 109.10 (4), no later than 2 years after the date the wages are due. The department may, after receiving a wage claim, investigate any wages due from the employer against whom the claim is filed to any employee during the period commencing 2 years before the date the claim is filed. The department shall enforce this chapter and ss. 66.0903, 66.0904, 103.02, 103.49, 103.82, 104.12, and 229.8275. In pursuance of this duty, the department may sue the employer on behalf of the employee to collect any wage claim or wage deficiency and ss. 109.03 (6) and 109.11 (2) and (3) shall apply to such actions. Except for actions under s. 109.10, the department may refer such an action to the district attorney of the county in which the violation occurs for prosecution and collection and the district attorney shall commence an action in the circuit court having appropriate jurisdiction. Any number of wage claims or wage deficiencies against the same employer may be joined in a single proceeding, but the court may order separate trials or hearings. In actions that are referred to a district attorney under this subsection, any taxable costs recovered by the district attorney shall be paid into the general fund of the county in which the violation occurs and used by that county to meet its financial responsibility under s. 978.13 (2) (b) for the operation of the office of the district attorney who prosecuted the action.

AB40-ASA1, s. 2404g Section 2404g. 110.08 (2) of the statutes is amended to read:

AB40-ASA1,972,21 110.08 (2) Except as provided under sub. (5) (b) and s. 343.16 (1) (b) to (c), all examinations for operator's licenses and permits shall be given by state examiners.

AB40-ASA1, s. 2404r Section 2404r. 110.08 (5) of the statutes is created to read:

AB40-ASA1,972,25 110.08 (5) (a) The department shall provide in each county, directly or by contract as described in par. (b), at least 20 hours per week of services relating to operator's licenses and identification cards.

AB40-ASA1,973,10 (b) The department shall provide the services required under par. (a) by the most cost-effective means possible, which may include contracting with counties or other local governments to provide these services. Notwithstanding any provision of ss. 343.14 and 343.16, a contract between the department and a county or other local government under this paragraph may authorize an employee of the county or local government to conduct any examination for an operator's license except a driving skills test. The department may require any employee of a county or local government who provides services under a contract entered into under this paragraph to satisfy any requirement under s. 110.09 that would be required of an employee of the department.

AB40-ASA1, s. 2404q Section 2404q. 111.322 (2m) (c) of the statutes is amended to read:

AB40-ASA1,973,14 111.322 (2m) (c) The individual files a complaint or attempts to enforce a right under s. 66.0903, 66.0904, 103.49, or 229.8275 or testifies or assists in any action or proceeding under s. 66.0903, 66.0904, 103.49, or 229.8275.

AB40-ASA1, s. 2404t Section 2404t. 111.335 (1) (cv) of the statutes is amended to read:

AB40-ASA1,973,20 111.335 (1) (cv) Notwithstanding s. 111.322, it is not employment discrimination because of conviction record to refuse to employ in a position in the classified service or in a position described in s. 230.08 (2) (k) a person who has been convicted under 50 USC, Appendix, section 462 for refusing to register with the selective service system and who has not been pardoned.

AB40-ASA1, s. 2405 Section 2405. 111.70 (1) (a) of the statutes is amended to read:

AB40-ASA1,974,21 111.70 (1) (a) "Collective bargaining" means the performance of the mutual obligation of a municipal employer, through its officers and agents, and the representative of its municipal employees in a collective bargaining unit, to meet and confer at reasonable times, in good faith, with the intention of reaching an agreement, or to resolve questions arising under such an agreement, with respect to wages, hours, and conditions of employment, and with respect to a requirement of the municipal employer for a municipal employee to perform law enforcement and fire fighting services under s. 60.553, 61.66, or 62.13 (2e) and for a school district with respect to any matter under sub. (4) (n) and (o), and for a school district with respect to any matter under sub. (4) (n), except as provided in subs. (3m), (3p), and (4) (m) and (mc) and s. 40.81 (3) and except that a municipal employer shall not meet and confer with respect to any proposal to diminish or abridge the rights guaranteed to municipal employees under ch. 164. The duty to bargain, however, does not compel either party to agree to a proposal or require the making of a concession. Collective bargaining includes the reduction of any agreement reached to a written and signed document. The municipal employer shall not be required to bargain on subjects reserved to management and direction of the governmental unit except insofar as the manner of exercise of such functions affects the wages, hours, and conditions of employment of the municipal employees in a collective bargaining unit. In creating this subchapter the legislature recognizes that the municipal employer must exercise its powers and responsibilities to act for the government and good order of the jurisdiction which it serves, its commercial benefit and the health, safety, and welfare of the public to assure orderly operations and functions within its jurisdiction, subject to those rights secured to municipal employees by the constitutions of this state and of the United States and by this subchapter.

AB40-ASA1, s. 2406m Section 2406m. 111.70 (1) (j) of the statutes is amended to read:

AB40-ASA1,975,5 111.70 (1) (j) "Municipal employer" means any city, county, village, town, metropolitan sewerage district, school district, long-term care district, transit authority under s. 59.58 (7) or 66.1039, or any other political subdivision of the state, or instrumentality of one or more political subdivisions of the state, that engages the services of an employee and includes any person acting on behalf of a municipal employer within the scope of the person's authority, express or implied, but specifically does not include a local cultural arts district created under subch. V of ch. 229.

AB40-ASA1, s. 2407dg Section 2407dg. 111.70 (4) (c) 2. a. of the statutes is renumbered 111.70 (4) (c) 2.

AB40-ASA1, s. 2407dgg Section 2407dgg. 111.70 (4) (c) 2. b. of the statutes is repealed.

AB40-ASA1, s. 2408cv Section 2408cv. 111.70 (4) (jm) 4w. of the statutes is created to read:

AB40-ASA1,975,14 111.70 (4) (jm) 4w. In determining the proper compensation to be received by members of the police department under subd. 4., the arbitrator shall give greater weight to the economic conditions in the 1st class city than the arbitrator gives to the factors under subd. 5. The arbitrator shall give an accounting of the consideration of this factor in the arbitrator's decision.

AB40-ASA1, s. 2408cx Section 2408cx. 111.70 (4) (jm) 5. (intro.) of the statutes is amended to read:

AB40-ASA1,975,18 111.70 (4) (jm) 5. (intro.) In determining the proper compensation to be received by members of the police department under subd. 4., in addition to the factor under subd. 4w., the arbitrator shall utilize:

AB40-ASA1, s. 2409cp Section 2409cp. 111.70 (4) (mc) 1., 2. and 3. of the statutes are repealed.

AB40-ASA1, s. 2409cy Section 2409cy. 111.70 (4) (mc) 5. and 6. of the statutes are created to read:

AB40-ASA1,976,7 111.70 (4) (mc) 5. If the collective bargaining unit contains a public safety employee who is initially employed on or after the effective date of this subdivision .... [LRB inserts date], the requirement under ss. 40.05 (1) (b), 59.875, and 62.623 that the municipal employer may not pay, on behalf of that public safety employee any employee required contributions or the employee share of required contributions, and the impact of this requirement on the wages, hours, and conditions of employment of that public safety employee. If a public safety employee is initially employed by a municipal employer before the effective date of this subdivision .... [LRB inserts date], this subdivision does not apply to that public safety employee if he or she is employed as a public safety employee by a successor municipal employer in the event of a combined department that is created on or after that date.