Amendment ASA1-AB32

AB32-ASA1,42 Section 42. 103.503 (2) of the statutes is amended to read:

AB32-ASA1,17,18 103.503 (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), 2013 stats., or 103.49 s. 16.856 (2m) on a project of public works or while performing work on a public utility 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).

AB32-ASA1,43 Section 43. 103.503 (3) (a) 2. of the statutes is amended to read:

AB32-ASA1,18,2 103.503 (3) (a) 2. A requirement that employees performing the work described in s. 66.0903 (4), 2013 stats., or 103.49 s. 16.856 (2m) on a project of public works or performing work on a public utility project submit to random, reasonable suspicion, and post-accident drug and alcohol testing and to drug and alcohol testing before commencing work on the 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.

AB32-ASA1,44 Section 44. 104.001 (3) (intro.) and (b) of the statutes are consolidated, renumbered 104.001 (3) and amended to read:

AB32-ASA1,18,10 104.001 (3) This section does not affect any of the following: (b) An an ordinance that, subject to s. 66.0903, requires an employee of a county, city, village, or town, an employee who performs work under a contract for the provision of services to a county, city, village, or town, or an employee who performs work that is funded by financial assistance from a county, city, village, or town, to be paid at a minimum wage rate specified in the ordinance.

AB32-ASA1,45 Section 45. 104.001 (3) (a) of the statutes is repealed.

AB32-ASA1,46 Section 46. 106.04 (1) (d) of the statutes is amended to read:

AB32-ASA1,18,15 106.04 (1) (d) "Project" means a project of public works that is subject to s. 103.49 or 103.50 16.856 or 84.062 in which work is performed by employees employed in trades that are apprenticeable under this subchapter.

AB32-ASA1,47 Section 47. 109.09 (1) of the statutes is amended to read:

AB32-ASA1,19,13 109.09 (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 that 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. s. 66.0903, 2013 stats., s. 103.49, 2013 stats., and s. 229.8275, 2013 stats., and ss. 16.856, 103.02, 103.49, 103.82, and 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.

AB32-ASA1,48 Section 48. 111.322 (2m) (a) of the statutes is amended to read:

AB32-ASA1,19,18 111.322 (2m) (a) The individual files a complaint or attempts to enforce any right under s. 103.02, 103.10, 103.13, 103.28, 103.32, 103.34, 103.455, 103.50, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55, or ss. 101.58 to 101.599 or 103.64 to 103.82.

AB32-ASA1,49 Section 49. 111.322 (2m) (b) of the statutes is amended to read:

AB32-ASA1,19,23 111.322 (2m) (b) The individual testifies or assists in any action or proceeding held under or to enforce any right under s. 103.02, 103.10, 103.13, 103.28, 103.32, 103.34, 103.455, 103.50, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55, or ss. 101.58 to 101.599 or 103.64 to 103.82.

AB32-ASA1,50 Section 50. 111.322 (2m) (c) of the statutes is amended to read:

AB32-ASA1,20,3 111.322 (2m) (c) The individual files a complaint or attempts to enforce a right under s. 66.0903, 103.49, or 229.8275 16.856 or 84.062 or testifies or assists in any action or proceeding under s. 66.0903, 103.49, or 229.8275 16.856 or 84.062.

AB32-ASA1,51 Section 51. 227.01 (13) (t) of the statutes is repealed.

AB32-ASA1,52 Section 52. 229.682 (2) of the statutes is repealed.

AB32-ASA1,53 Section 53. 229.8275 of the statutes is repealed.

AB32-ASA1,54 Section 54. 946.15 (1) of the statutes is amended to read:

AB32-ASA1,20,22 946.15 (1) Any employer, or any agent or employee of an employer, who induces any person who seeks to be or is employed pursuant to a public contract , as defined in s. 66.0901 (1) (c), or who seeks to be or is employed on a project on which a prevailing wage rate determination has been issued by the department of workforce development under s. 66.0903 (3), 103.49 (3), 103.50 (3), or 229.8275 (3) that is subject to s. 16.856 or 84.062 to give up, waive, or return any part of the compensation to which that person is entitled under his or her contract of employment or under the prevailing wage rate determination issued by the department s. 16.856 or 84.062, or who reduces the hourly basic rate of pay normally paid to an employee for work on a project on which a prevailing wage rate determination has not been issued under s. 66.0903 (3), 103.49 (3), 103.50 (3), or 229.8275 (3) that is not subject to s. 16.856 or 84.062 during a week in which the employee works both on a project on which a prevailing wage rate determination has been issued that is subject to s. 16.856 or 84.062 and on a project on which a prevailing wage rate determination has not been issued that is not subject to s. 16.856 or 84.062, is guilty of a Class I felony.

AB32-ASA1,55 Section 55. 946.15 (2) of the statutes is amended to read:

AB32-ASA1,21,13 946.15 (2) Any person employed pursuant to a public contract, as defined in s. 66.0901 (1) (c), or employed on a project on which a prevailing wage rate determination has been issued by the department of workforce development under s. 66.0903 (3), 103.49 (3), 103.50 (3), or 229.8275 (3) that is subject to s. 16.856 or 84.062 who gives up, waives, or returns to the employer or agent of the employer any part of the compensation to which the employee is entitled under his or her contract of employment or under the prevailing wage determination issued by the department s. 16.856 or 84.062, or who gives up any part of the compensation to which he or she is normally entitled for work on a project on which a prevailing wage rate determination has not been issued under s. 66.0903 (3), 103.49 (3), 103.50 (3), or 229.8275 (3) that is not subject to s. 16.856 or 84.062 during a week in which the person works part-time on a project on which a prevailing wage rate determination has been issued that is subject to s. 16.856 or 84.062 and part-time on a project on which a prevailing wage rate determination has not been issued that is not subject to s. 16.856 or 84.062, is guilty of a Class C misdemeanor.

AB32-ASA1,56 Section 56. 946.15 (3) of the statutes is amended to read:

AB32-ASA1,21,24 946.15 (3) Any employer or labor organization, or any agent or employee of an employer or labor organization, who induces any person who seeks to be or is employed on a project on which a prevailing wage rate determination has been issued by the department of workforce development under s. 66.0903 (3), 103.49 (3), 103.50 (3), or 229.8275 (3) that is subject to s. 16.856 or 84.062 to permit any part of the wages to which that person is entitled under the prevailing wage rate determination issued by the department or local governmental unit s. 16.856 or 84.062 to be deducted from the person's pay is guilty of a Class I felony, unless the deduction would be permitted under 29 CFR 3.5 or 3.6 from a person who is working on a project that is subject to 40 USC 3142.

AB32-ASA1,57 Section 57. 946.15 (4) of the statutes is amended to read:

AB32-ASA1,22,8 946.15 (4) Any person employed on a project on which a prevailing wage rate determination has been issued by the department of workforce development under s. 66.0903 (3), 103.49 (3), 103.50 (3), or 229.8275 (3) that is subject to s. 16.856 or 84.062 who permits any part of the wages to which that person is entitled under the prevailing wage rate determination issued by the department or local governmental unit s. 16.856 or 84.062 to be deducted from his or her pay is guilty of a Class C misdemeanor, unless the deduction would be permitted under 29 CFR 3.5 or 3.6 from a person who is working on a project that is subject to 40 USC 3142.

AB32-ASA1,58 Section 58. 978.05 (6) (a) of the statutes is amended to read:

AB32-ASA1,22,22 978.05 (6) (a) Institute, commence or appear in all civil actions or special proceedings under and perform the duties set forth for the district attorney under ch. 980 and ss. 17.14, 30.03 (2), 48.09 (5), 59.55 (1), 59.64 (1), 70.36, 103.50 84.062 (8), 103.92 (4), 109.09, 343.305 (9) (a), 453.08, 806.05, 938.09, 938.18, 938.355 (6) (b) and (6g) (a), 946.86, 946.87, 961.55 (5), 971.14 and 973.075 to 973.077, perform any duties in connection with court proceedings in a court assigned to exercise jurisdiction under chs. 48 and 938 as the judge may request and perform all appropriate duties and appear if the district attorney is designated in specific statutes, including matters within chs. 782, 976 and 979 and ss. 51.81 to 51.85. Nothing in this paragraph limits the authority of the county board to designate, under s. 48.09 (5), that the corporation counsel provide representation as specified in s. 48.09 (5) or to designate, under s. 48.09 (6) or 938.09 (6), the district attorney as an appropriate person to represent the interests of the public under s. 48.14 or 938.14.

AB32-ASA1,59 Section 59. Nonstatutory provisions.

AB32-ASA1,23,8 (1) Using the procedure under section 227.24 of the statutes, the department of administration may promulgate rules under section 16.856 (7) of the statutes, as created by this act, for the period before the effective date of any corresponding permanent rules, but not to exceed the period authorized under section 227.24 (1) (c) of the statutes, subject to extension under section 227.24 (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

AB32-ASA1,60 Section 60. Initial applicability.

AB32-ASA1,23,14 (1) This act first applies, with respect to a project of public works that is subject to bidding, to a project for which the request for bids is issued on the effective date of this subsection and, with respect to a project of public works that is not subject to bidding, to a project the contract for which is entered into on the effective date of this subsection.

AB32-ASA1,23,17 (2) The treatment of sections 66.0903 (10) (d), 111.322 (2m) (c), and 229.8275 of the statutes first applies to acts of discrimination that occur on the effective date of this subsection.

AB32-ASA1,61 Section 61. Effective date.

AB32-ASA1,23,20 (1) This act takes effect on January 1, 2016, or on the day after publication, whichever is later.

AB32-ASA1,23,21 (End)