Amendment SA2-AB748

AB748-SA2,3,2 16.754 (1) (am) “Local product or service" has the meaning given in s. 66.0145 (1) (b).

AB748-SA2,1i Section 1i. 16.754 (2) (title) of the statutes is amended to read:

AB748-SA2,3,4 16.754 (2) (title) Purchase preference preferences.

AB748-SA2,1j Section 1j. 16.754 (2) of the statutes is renumbered 16.754 (2) (b).

AB748-SA2,1je Section 1je. 16.754 (2) (a) of the statutes is created to read:

AB748-SA2,3,13 16.754 (2) (a) The department, a designated purchasing agent under s. 16.71 (1), and each agency making purchases under s. 16.74 shall attempt to ensure that at least 20 percent of the total amount expended under this subchapter in each fiscal year is for local products or services, and it shall be a further goal that the percentage of the total amount expended in any fiscal year for local products or services will not be lower than the percentage of the total amount expended in the previous fiscal year for local products or services.

AB748-SA2,1jh Section 1jh. 16.754 (2m) of the statutes is created to read:

AB748-SA2,3,21 16.754 (2m) Data. For purposes of measuring compliance with sub. (2) (a), the department shall collect from a person who responds to a proposal or submits a bid for a contract information regarding the person's principal place of business. The department shall make available to the public on its Internet site the data it collects under this subsection as well as an annual evaluation of how well the department, its designated purchasing agents, and any agency making purchases under s. 16.74 are meeting the goal under sub. (2) (a).

AB748-SA2,1jm Section 1jm. 16.754 (3) (intro.) of the statutes is amended to read:

AB748-SA2,4,6 16.754 (3) Exemptions. (intro.) Subsection (2) (b) does not apply if the materials are purchased for the purpose of commercial resale or for the purpose of use in the production of goods for commercial sale. Subsection (2) (b) does not apply to the purchase of stationery and printing materials. Subsection (2) (b) does not apply if the department determines, under s. 16.75 (1) (a) 2., that the foreign nation or subdivision thereof in which the vendor is domiciled does not give preference to vendors domiciled in that nation or subdivision in making governmental purchases. Subsection (2) (b) does not apply if the department or other person having contracting authority in respect to the purchase determines that:”.

AB748-SA2,4,7 6. Page 2, line 1: before that line insert:

AB748-SA2,4,8 “ Section 1b. 20.865 (1) (dm) of the statutes is repealed.

AB748-SA2,1c Section 1c. 20.928 (1f) of the statutes is repealed.

AB748-SA2,1d Section 1d. 62.13 (4) (d) of the statutes is amended to read:

AB748-SA2,4,22 62.13 (4) (d) The examination shall be free for all U.S. citizens over 18 and under 55 years of age, with proper limitations as to health and, subject to ss. 111.321, 111.322, and 111.335, arrest and conviction record. The examination, including minimum training and experience requirements, shall be job-related in compliance with appropriate validation standards and shall be subject to the approval of the board and may include tests of manual skill and physical strength. All relevant experience, whether paid or unpaid, shall satisfy experience requirements. The board shall control examinations and may designate and change examiners, who may or may not be otherwise in the official service of the city, and whose compensation shall be fixed by the board and paid by the city. Veterans and their spouses shall be given preference points in accordance with s. 63.08 (1) (fm) 230.16 (7).

AB748-SA2,1e Section 1e. 63.08 (1) (f) 1. of the statutes is amended to read:

AB748-SA2,5,4 63.08 (1) (f) 1. The commission may not impose any restriction as to age on any veteran who is applying or eligible for a position under this section. The commission shall give preference points to veterans and their spouses under par. (fm) s. 230.16 (7), except as provided under subd. 2.

AB748-SA2,1f Section 1f. 63.08 (1) (f) 2. of the statutes is amended to read:

AB748-SA2,5,8 63.08 (1) (f) 2. Notwithstanding par. (fm) s. 230.16 (7), persons shall be certified from the eligible list under s. 63.05 (1) (b) without adding any preference points to any person's grade.

AB748-SA2,1g Section 1g. 63.08 (1) (f) 3. of the statutes is amended to read:

AB748-SA2,5,15 63.08 (1) (f) 3. After the certification under subd. 2., any veteran or veteran's spouse whose grade, plus the points to which the veteran or spouse is entitled under par. (fm) s. 230.16 (7), is equal to or higher than the lowest grade on the list made under subd. 2. shall be added to the certification list under s. 63.05 (1) (b). The number of persons added to a certification list under this subdivision may not exceed the number of persons initially certified under subd. 2.

AB748-SA2,1h Section 1h. 63.08 (1) (fm) of the statutes is renumbered 230.16 (7), and 230.16 (7) (a) (intro.) and (b), as renumbered, are amended to read:

AB748-SA2,5,22 230.16 (7) (a) (intro.) A preference shall be given to those veterans and to those spouses of veterans specified in subd. subds. 1. a. to f. to 6. who gain eligibility on any competitive employment register and who do not currently hold a permanent appointment or have mandatory restoration rights to a permanent appointment to any position. A preference means the following:

AB748-SA2,6,2 (b) An applicant who is certified for a position after receiving a preference under subd. 1. d., e., or f. par. (a) 4., 5., or 6. and who is appointed to that position may not obtain a preference under subd. 1. d., e., or f. par. (a) 4., 5., or 6. for any other civil service position for which the applicant subsequently applies.

AB748-SA2,1i Section 1i. 63.37 of the statutes is amended to read:

AB748-SA2,6,13 63.37 Board to keep a register of eligibles. From the returns or reports of the examiners, or from the examinations made by the board, the board shall prepare and keep a register for each grade or class of position in the service of such city, of the persons whose general average standing upon examinations for such grade or class is not less than the minimum fixed by the rules of such board, and who are otherwise eligible, and such persons shall take rank upon the register as candidates in the order of their relative excellence as determined by examination without reference to priority of time of examination. The board shall impose no restrictions as to age in case of veterans, and veterans and their spouses shall be given preference points in accordance with s. 63.08 (1) (fm) 230.16 (7).

AB748-SA2,1k Section 1k. 63.39 (2m) of the statutes is amended to read:

AB748-SA2,6,20 63.39 (2m) Notwithstanding s. 63.08 (1) (fm) 230.16 (7), the board shall certify persons from the list of eligibles without adding preference points to their grades. After the certification under sub. (1) or (2), the board shall add to the certification list any veteran or veteran's spouse whose grade, plus the points to which the veteran or spouse is entitled under s. 63.08 (1) (fm) 230.16 (7), is equal to or higher than the lowest grade on the list of eligibles.”.

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.