Amendment SA2-AB748

AB748-SA2,6,21 7. Page 2, line 1: before that line insert:

AB748-SA2,6,23 “ Section 1e. 16.75 (1p) of the statutes, as created by 2017 Wisconsin Act 3, is repealed.

AB748-SA2,1g Section 1g. 16.855 (1p) of the statutes, as created by 2017 Wisconsin Act 3, is repealed.”.

AB748-SA2,7,3 8. Page 2, line 1: before that line insert:

AB748-SA2,7,4 “ Section 1e. 20.445 (1) (w) of the statutes is created to read:

AB748-SA2,7,9 20.445 (1) (w) Family and medical leave insurance trust fund. From the family and medical leave insurance trust fund, all moneys deposited in that fund under s. 103.105 (7) for the payments of family or medical leave insurance benefits under s. 103.105 (2) (c) and for the administration of the family or medical leave insurance program under s. 103.105.

AB748-SA2,1m Section 1m. 25.17 (1) (er) of the statutes is created to read:

AB748-SA2,7,11 25.17 (1) (er) Family and medical leave insurance trust fund (s. 25.52);

AB748-SA2,1s Section 1s. 25.52 of the statutes is created to read:

AB748-SA2,7,16 25.52 Family and medical leave insurance trust fund. There is created a separate nonlapsible trust fund designated as the family and medical leave insurance trust fund, to consist of all moneys deposited in that fund under s. 103.105 (7).”.

AB748-SA2,7,17 9. Page 3, line 23: before that line insert:

AB748-SA2,7,18 “ Section 1s. 66.0145 of the statutes is created to read:

AB748-SA2,7,20 66.0145 Purchases of Wisconsin goods and services. (1) Definitions. In this section:

AB748-SA2,7,21 (a) “Local governmental unit" has the meaning given in s. 66.0135 (1) (c).

AB748-SA2,7,23 (b) “Local product or service" means a product or service that is purchased from a person whose principal place of business is located in this state.

AB748-SA2,8,7 (2) Purchasing goals. (a) It shall be a goal of a local governmental unit that, annually, at least 20 percent of the aggregate value of purchases of products and services by that local governmental unit shall be local products or services, and it shall be a further goal of the local governmental unit that the percentage of the aggregate value of routine purchases of products and services in any year that are local products and services will not be lower than the aggregate value of such routine purchases in the previous year.

AB748-SA2,8,13 (b) A local governmental unit shall evaluate its performance in reaching the goals specified in par. (a) and shall annually make this evaluation available to the public, except that these requirements do not apply to any local governmental unit whose governing body enacts an ordinance, adopts a resolution, or takes other official action stating that it chooses not to conduct an evaluation of its performance in reaching the goals.”.

AB748-SA2,8,14 10. Page 4, line 3: after that line insert:

AB748-SA2,8,15 “ Section 2m. 66.0509 (1) of the statutes is amended to read:

AB748-SA2,9,4 66.0509 (1) Any city or village may proceed under s. 61.34 (1), 62.11 (5) or 66.0101 to establish a civil service system of selection, tenure and status, and the system may be made applicable to all municipal personnel except the chief executive and members of the governing body, members of boards and commissions including election officials, employees subject to s. 62.13, members of the judiciary and supervisors. Any town may establish a civil service system under this subsection. For veterans there shall be no restrictions as to age, and veterans and their spouses shall be given preference points in accordance with s. 63.08 (1) (fm) 230.16 (7). The system may also include uniform provisions in respect to attendance, leave regulations, compensation and payrolls for all personnel included in the system. The governing body of any city, village or town establishing a civil service system under this section may exempt from the system the librarians and assistants subject to s. 43.09 (1).”.

AB748-SA2,9,5 11. Page 4, line 3: after that line insert:

AB748-SA2,9,7 “ Section 2e. 66.0901 (1) (ae) of the statutes, as created by 2017 Wisconsin Act 3, is repealed.

AB748-SA2,2f Section 2f. 66.0901 (1) (am) of the statutes, as created by 2017 Wisconsin Act 3, is repealed.

AB748-SA2,2g Section 2g. 66.0901 (6) of the statutes, as affected by 2017 Wisconsin Act 3, is amended to read:

AB748-SA2,9,22 66.0901 (6) Separation of contracts; classification of contractors. In public contracts for the construction, repair, remodeling or improvement of a public building or structure, other than highway structures and facilities, a municipality may bid projects based on a single or multiple division of the work. Public contracts shall be awarded according to the division of work selected for bidding. Except as provided in sub. (6m), the The municipality may set out in any public contract reasonable and lawful conditions as to the hours of labor, wages, residence, character and classification of workers to be employed by any contractor, classify contractors as to their financial responsibility, competency and ability to perform work and set up a classified list of contractors. The municipality may reject the bid of any person, if the person has not been classified for the kind or amount of work in the bid.

AB748-SA2,2h Section 2h. 66.0901 (6m) of the statutes, as created by 2017 Wisconsin Act 3, is repealed.

AB748-SA2,2i Section 2i. 66.0901 (6s) of the statutes, as created by 2017 Wisconsin Act 3, is repealed.”.

AB748-SA2,10,3 12. Page 4, line 3: after that line insert:

AB748-SA2,10,4 “ Section 2m. 71.05 (6) (b) 54. of the statutes is created to read:

AB748-SA2,10,8 71.05 (6) (b) 54. For taxable years beginning after December 31, 2021, any amount of family or medical leave insurance benefits received by a covered individual, as defined in s. 103.105 (1) (d), in the taxable year to which the subtraction relates.”.

AB748-SA2,10,9 13. Page 4, line 15: after “103.03," insert “103.035,".

AB748-SA2,10,10 14. Page 5, line 6: before that line insert:

AB748-SA2,10,11 “ Section 3m. 103.035 of the statutes is created to read:

AB748-SA2,10,13 103.035 Work schedule flexibility and predictability. (1) Definitions. In this section:

AB748-SA2,10,16 (a) “Bona fide business reason” means a reason that justifies an employer's action and that is based on the employer's determination that taking a different action would have any of the following results:

AB748-SA2,10,19 1. Additional costs to the employer, including costs of lost employee productivity, retaining or hiring employees, or transferring employees between work locations.

AB748-SA2,10,21 2. A significant detrimental effect on the employer's ability to meet organizational needs or customer demand.

AB748-SA2,10,23 3. A significant inability of the employer, despite the employer's best efforts, to reorganize work among other employees.

AB748-SA2,10,24 4. A significant detrimental effect on the employer's business performance.

AB748-SA2,11,1 5. Insufficient work during the period an employee proposes to work.

AB748-SA2,11,4 6. Unfairness to other employees who request changes to work schedules if granting all requests would have a significant detrimental effect on the employer's ability to meet organizational needs.

AB748-SA2,11,5 (b) “Child” means an individual who is all of the following:

AB748-SA2,11,7 1. A biological, adopted, or foster child; a stepchild; a legal ward; or a child of a person standing in the place of a parent with respect to that child.

AB748-SA2,11,8 2. An individual to whom any of the following applies:

AB748-SA2,11,9 a. The individual is less than 18 years of age.

AB748-SA2,11,11 b. The individual is 18 years of age or older and is incapable of self-care because of a mental or physical disability.

AB748-SA2,11,12 (c) “Domestic partner” has the meaning given in s. 40.02 (21c) or 770.01 (1).

AB748-SA2,11,13 (d) “Employee” means an employee who is employed by an employer.

AB748-SA2,11,18 (e) “Employer” means an employer that employs at least 15 employees. “Employer” includes the state, its political subdivisions, and any office, department, independent agency, authority, institution, association, society, or other body in state or local government created or authorized to be created by the constitution or any law, including the legislature and the courts.

AB748-SA2,11,19 (f) “Family member” means any of the following:

AB748-SA2,11,20 1. A spouse or domestic partner of an employee.

AB748-SA2,11,22 2. A parent, child, sibling, brother-in-law, sister-in-law, grandparent, or grandchild of an employee or of an employee's spouse or domestic partner.

AB748-SA2,12,2 3. Any other individual who is related by blood, marriage, or adoption to an employee or to an employee's spouse or domestic partner and whose close association with the employee, spouse, or domestic partner makes the individual the equivalent of a family member of the employee, spouse, or domestic partner.

AB748-SA2,12,3 (g) “Grandchild” means the child of a child.

AB748-SA2,12,4 (h) “Grandparent” means the parent of a parent.

AB748-SA2,12,7 (i) “Nonexempt employee” means an employee who is not employed in a bona fide executive, administrative, or professional capacity, as described in 29 USC 213 (a) (1).

AB748-SA2,12,10 (j) “Parent” means a biological parent, foster parent, adoptive parent, stepparent, or legal guardian of an employee or of an employee's spouse or domestic partner.

AB748-SA2,12,12 (k) “Part-time employee” means an employee who works on average fewer than 30 hours per week for a particular employer.

AB748-SA2,12,17 (L) “Service employee” means a nonexempt employee who is employed in an occupation designated by the department under sub. (3) (g) or in any of the occupations classified under the following codes set forth in the Standard Occupational Classification system, 2010 edition, published by the bureau of labor statistics of the U.S. department of labor:

AB748-SA2,12,19 1. Major group code 35-0000 — Food preparation and serving related occupations.

AB748-SA2,12,20 2. Broad occupation code 37-2010 — Building cleaning workers.

AB748-SA2,12,22 3. Detailed occupation code 41-1011 — First-line supervisors of retail sales workers.

AB748-SA2,12,23 4. Minor group code 41-2000 — Retail sales workers.

AB748-SA2,12,25 (m) “Sibling” means a brother, sister, half brother, half sister, stepbrother, stepsister, foster brother, or foster sister, whether by blood, marriage, or adoption.

AB748-SA2,13,3 (n) “Split shift” means a work shift that consists of work time that is not continuous. For purposes of determining whether a work shift is continuous, any of the following breaks in work time are not considered:

AB748-SA2,13,4 1. One or more breaks for meals that total one hour or less.

AB748-SA2,13,5 2. A break that is requested by the employee.

AB748-SA2,13,8 (o) “Work schedule” means the days and times during each successive work period when an employee is required by an employer to perform duties of employment.

AB748-SA2,13,10 (p) “Work shift” means the specific times during a day that an employer requires an employee to work.

AB748-SA2,13,12 (q) “Written” does not include a communication that is transmitted or received by electronic means.

AB748-SA2,13,16 (2) Employee right to request and receive work schedule changes. (a) Employee right to request work schedule changes. 1. An employee may request a change in the terms and conditions of employment related to any of the following work schedule issues:

AB748-SA2,13,17 a. The number of hours the employee is required to work or be on call for work.

AB748-SA2,13,19 b. The days or times when the employee is required to work or be on call for work.

AB748-SA2,13,20 c. The location where the employee is required to work.

AB748-SA2,13,22 d. The amount of notification the employee receives regarding changes to the employee's work schedule.

AB748-SA2,13,24 e. Minimizing fluctuations in the number of hours the employee is scheduled to work on a daily, weekly, or monthly basis.

AB748-SA2,14,2 2. An employee who makes a request under subd. 1. shall specify in the request whether it is related to any of the following:

AB748-SA2,14,3 a. A serious health condition, as defined under s. 103.10 (1) (g), of the employee.

AB748-SA2,14,7 b. The employee's responsibilities as a significant provider of ongoing care, including responsibility for securing ongoing care, of the employee's child, family member with a serious health condition, as defined under s. 103.10 (1) (g), or parent who is 65 years of age or older.

AB748-SA2,14,9 c. The employee's responsibilities as a significant provider of education, including responsibility for securing education, of the employee's child.

AB748-SA2,14,11 d. The employee's enrollment in an educational or training program or program of study that leads to a recognized postsecondary credential.

AB748-SA2,14,13 e. If the employee is a part-time employee, conflicts with the employee's other employment.

AB748-SA2,14,21 (b) Evaluating requests for work schedule changes. If an employer receives a request from an employee under par. (a), the employer shall either grant the request without modification or negotiate in good faith with the employee to find a compromise that meets the employee's and the employer's work scheduling needs, including by considering any alternative proposals offered by the employee. If the employer denies the request and any alternative proposals offered, the employer shall inform the employee of the reasons for denial, including whether any of the reasons is a bona fide business reason.

AB748-SA2,15,2 (c) Requests related to serious health conditions, caregiving, education, or other part-time employment. Notwithstanding par. (b), if an employer receives a request from an employee under par. (a) that is directly related to any of the issues described under par. (a) 2., the employer shall grant the request unless the employer has a bona fide business reason for denying the request.

AB748-SA2,15,7 (d) Verification of reasons for requested changes. If an employer receives a request from an employee under par. (a), the employer may require the employee to provide additional information to clarify or explain the reasons for the employee's requested work schedule change if the employer needs that information to properly evaluate the request under par. (b) or (c).

AB748-SA2,15,11 (3) Predictable work schedules for retail, food service, and cleaning employees. (a) Advance notice of work schedules required. 1. On or before the first day of work of a new service employee, an employer shall provide the service employee with a written copy of the service employee's work schedule.

AB748-SA2,15,15 2. Except as provided in pars. (b) and (c), if an employer changes a work schedule provided to a service employee under subd. 1. or this subdivision, the employer shall provide the service employee with a written copy of the new work schedule no later than 14 days before the new work schedule begins.

AB748-SA2,15,17 3. An employer shall post a copy of a work schedule provided under this paragraph in any of the following ways:

AB748-SA2,15,19 a. In one or more conspicuous places where notices to employees are customarily posted.