Amendment SA2-AB748

AB748-SA2,67,14 814.04 Items of costs. (intro.) Except as provided in ss. 93.20, 100.195 (5m) (b), 100.30 (5m), 106.50 (6) (i) and (6m) (a), 111.397 (2) (a), 115.80 (9), 767.553 (4) (d), 769.313, 802.05, 814.245, 895.035 (4), 895.044, 895.443 (3), 895.444 (2), 895.445 (3), 895.446 (3), 895.506, 943.212 (2) (b), 943.245 (2) (d), 943.51 (2) (b), and 995.10 (3), when allowed costs shall be as follows:”.

AB748-SA2,67,15 29. Page 8, line 14: after that line insert:

AB748-SA2,67,16 “ Section 12m. Nonstatutory provisions.

AB748-SA2,68,2 (1) No later than the effective date of this subsection, an employer, as defined in section 103.035 (1) (e) of the statutes, shall provide each service employee, as defined in section 103.035 (1) (L) of the statutes, with a written copy of the service employee's work schedule, as defined in section 103.035 (1) (o) of the statutes. That work schedule is considered a work schedule provided to a service employee under section 103.035 (3) (a) 2. of the statutes for all purposes under section 103.035 of the statutes, including that the employer shall post a copy of the work schedule as provided in section 103.035 (3) (a) 3. of the statutes and, if the employer changes that work schedule, section 103.035 (3) (a) 2. of the statutes applies to that change.”.

AB748-SA2,68,3 30. Page 8, line 14: after that line insert:

AB748-SA2,68,4 “ Section 12m.2 Nonstatutory provisions.

AB748-SA2,68,8 (1) The department of workforce development shall submit in proposed form the rules required under section 103.105 (11) (b) of the statutes to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 4th month beginning after the effective date of this subsection.

AB748-SA2,68,12 (2) (a) Notwithstanding section 227.135 (2) of the statutes, the department of workforce development is not required to present the statement of the scope of the rules required under section 103.105 (11) (b) of the statutes to the governor for approval.

AB748-SA2,68,15 (b) Notwithstanding section 227.185 of the statutes, the department of workforce development is not required to present the rules required under section 103.105 (11) (b) of the statutes in final draft form to the governor for approval.

AB748-SA2,68,18 (c) Notwithstanding section 227.137 (2) of the statutes, the department of workforce development is not required to prepare an economic impact analysis for the rules required under section 103.105 (11) (b) of the statutes.

AB748-SA2,68,23 (d) Notwithstanding sections 227.14 (2g) and 227.19 (3) (e) of the statutes, the department of workforce development is not required to submit the proposed rules required under section 103.105 (11) (b) of the statutes to the small business regulatory review board and is not required to prepare a final regulatory flexibility analysis for those rules.

AB748-SA2,69,13 (3) Using the procedure under section 227.24 of the statutes, the department of workforce development shall promulgate the rules required under section 103.105 (11) (b) of the statutes for the period before the effective date of the permanent rules promulgated under section 103.105 (11) (b) of the statutes 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 public peace, health, safety, or welfare and is not required to provide a finding of an emergency for a rule promulgated under this subsection. Notwithstanding section 227.24 (1) (e) 1d. and 1g. of the statutes, the department is not required to prepare a statement of the scope of the rules promulgated under this subsection or present the rules to the governor for approval.”.

AB748-SA2,69,14 31. Page 8, line 17: after that line insert:

AB748-SA2,69,19 “(2) The treatment of sections 103.035 and 111.322 (2m) (a) and (b) of the statutes and Section 12m of this act first apply to an employee who is covered by a collective bargaining agreement that contains provisions inconsistent with section 103.035 of the statutes on the day on which the collective bargaining agreement expires or is extended, modified, or renewed, whichever occurs first.

AB748-SA2,13m Section 13m. Effective date.

AB748-SA2,69,22 (1) This act takes effect on the first day of the 6th month beginning after publication.”.

AB748-SA2,69,23 32. Page 8, line 17: after that line insert:

AB748-SA2,70,3 “(2m) The treatment of section 66.0145 of the statutes and the creation of section 16.754 (2) (a) of the statutes first apply to purchases made in the fiscal year that begins in the year after this subsection takes effect.

AB748-SA2,70,6 (3m) The treatment of section 16.754 (2m) of the statutes first applies to responses made and bids submitted in the fiscal year that begins in the year after this subsection takes effect.”.

AB748-SA2,70,7 33. Page 8, line 17: after that line insert:

AB748-SA2,70,10 “(1m) The treatment of sections 63.08 (1) (fm) and 230.25 (1g) and (1m) of the statutes first applies to a position that is posted on the effective date of this subsection.

AB748-SA2,70,12 (2m) The treatment of section 230.28 (1) (a), (am), and (c) of the statutes first applies to a probationary period that begins on the effective date of this subsection.

AB748-SA2,70,15 (3m) The treatment of section 230.34 (1) (a) (intro.) and (am) of the statutes first applies to employee discipline for conduct that occurs on the effective date of this subsection.

AB748-SA2,70,17 (4m) The treatment of section 230.44 (1) (c) of the statutes first applies to an action taken against an employee on the effective date of this subsection.

AB748-SA2,70,19 (5m) The treatment of section 230.40 (3) of the statutes first applies to a person who separates from the classified service on the effective date of this subsection.”.

AB748-SA2,70,20 34. Page 8, line 17: after that line insert:

AB748-SA2,71,2 “(2) The treatment of sections 103.135, 106.54 (11), and 111.322 (2m) (a) and (b) of the statutes first applies to an employee who is affected by a collective bargaining agreement that contains provisions inconsistent with this act on the day on which the collective bargaining agreement expires or is extended, modified, or renewed, whichever occurs first.”.

AB748-SA2,71,3 35. Page 8, line 17: after that line insert:

AB748-SA2,71,6 “(2m) The treatment of sections 16.75 (1p), 16.855 (1p), 66.0901 (1) (ae) and (am), (6), (6m), and (6s) of the statutes first applies to bids or proposals solicited on the effective date of this subsection.”.

AB748-SA2,71,7 36. Page 8, line 17: after that line insert:

AB748-SA2,71,11 “(2) The treatment of sections 111.39 (4) (d) and (5) (b) and (d), 111.397, and 814.04 (intro.) of the statutes first applies to acts of employment discrimination, unfair honesty testing, or unfair genetic testing committed on the effective date of this subsection.”.

AB748-SA2,71,12 37. Page 8, line 17: after that line insert:

AB748-SA2,71,14 “(2) Except as provided in subsection (4), the treatment of section 103.105 (7) of the statutes first applies to wages earned on January 1, 2021.

AB748-SA2,71,18 (3) Except as provided in subsection (4), the treatment of section 103.105 (2) (a) and (c) of the statutes first applies to a period of family leave, as defined in section 103.105 (1) (h) of the statutes, or a period of medical leave, as defined in section 103.105 (1) (L) of the statutes, commencing on January 1, 2022.

AB748-SA2,72,3 (4) The treatment of sections 20.445 (1) (w), 25.17 (1) (er), 25.52, 71.05 (6) (b) 54., 103.10 (1) (ap), (b), (c), (dm), (dp), and (gm), (1m) (b) 4., (3) (a) 1. and (b) 3. and 4., (6) (b) (intro.) and 1. and (c), (7) (a), (b) (intro.) and 1., and (d), (12) (c), and (14) (a), 103.105, and 111.322 (2m) (a) and (b) of the statutes, the repeal of section 103.10 (1) (a) 1. and 2. and (14) (b) of the statutes, and the renumbering and amendment of section 103.10 (1) (a) (intro.) of the statutes first apply to an employee who is affected by a collective bargaining agreement that contains provisions inconsistent with this act on the day on which the collective bargaining agreement expires or is extended, modified, or renewed.”.

AB748-SA2,72,4 38. Page 8, line 17: after that line insert:

AB748-SA2,72,9 “(2m) The appropriate provisions regarding prevailing wage first apply, 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.

AB748-SA2,72,12 (3m) 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.”.

AB748-SA2,72,13 39. Page 8, line 17: after that line insert:

AB748-SA2,72,17 “(2m) The treatment of sections 109.09 (1) (with respect to the receipt and investigation of a wage claim) and (2) (b) 3., 109.11 (1) (a), (b), and (c), (2) (a) and (b), and (4), and 893.44 (1) and (2) of the statutes first applies to wages earned on the effective date of this subsection.

AB748-SA2,72,20 (3m) The treatment of sections 109.03 (5) and 109.09 (1) (with respect to the filing of a wage claim) of the statutes first applies to a wage claim action commenced or a wage claim filed on the effective date of this subsection.

AB748-SA2,72,23 (4m) The treatment of sections 103.40 and 109.01 (3m) of the statutes first applies to an employee hired on, or a change in a term of employment effective 7 days after, the effective date of this subsection.

AB748-SA2,73,3 (5m) The treatment of section 103.35 (3) of the statutes first applies to an application for issuance or renewal of a professional or occupational license filed on the effective date of this subsection.”.

AB748-SA2,73,4 40. At the appropriate places, insert all of the following:

AB748-SA2,73,5 “ Section 81. 20.445 (1) (gs) of the statutes is created to read:

AB748-SA2,73,7 20.445 (1) (gs) Wage claim surcharges. All moneys received from surcharges collected under s. 109.11 (4), for the administration of ch. 109.

AB748-SA2,82 Section 82. 103.34 (6) (d) of the statutes is amended to read:

AB748-SA2,73,11 103.34 (6) (d) A traveling sales crew worker who is owed compensation may file a wage claim with the department under s. 109.09 (1) (a) or may bring an action under s. 109.03 (5) without first filing a wage claim with the department.

AB748-SA2,83 Section 83. 103.35 of the statutes is renumbered 103.35 (2) and amended to read:

AB748-SA2,74,2 103.35 (2) No state office, department, board, examining board, affiliated credentialing board, commission, council or independent agency in the executive branch, the legislature or the courts may, as a condition for receiving an occupational or professional certificate, license, permit or registration, require the submission of information by the applicant which is not essential for the determination of licensing agency may require an applicant for issuance or renewal of a license to submit any information that is not essential for the licensing agency to determine the applicant's eligibility for the issuance or renewal of the certificate, license, permit or registration. Information which. A licensing agency may request information that is not essential for the licensing agency to determine an applicant's eligibility for issuance or renewal may be requested of a license, but the licensing agency shall notify the applicant shall be notified in a prominent place on or accompanying the request that she or he is not required to provide such information.

AB748-SA2,84 Section 84. 103.35 (1) of the statutes is created to read:

AB748-SA2,74,4 103.35 (1) In this section:

AB748-SA2,74,6 (a) “License" means an occupational or professional certificate, license, permit, or registration.

AB748-SA2,74,9 (b) “Licensing agency" means a state office, department, board, examining board, affiliated credentialing board, commission, council, or independent agency in the executive branch, the legislature, or the courts.

AB748-SA2,85 Section 85. 103.35 (3) of the statutes is created to read:

AB748-SA2,74,19 103.35 (3) A licensing agency shall require an applicant for issuance or renewal of a license to disclose whether there are any judgments under s. 109.03 (5) or 109.09 (1) against the applicant that the applicant has not paid. A licensing agency shall use the circuit court automated information systems established under s. 758.19 (4) to verify the applicant's disclosure. If there are any judgments under s. 109.03 (5) or 109.09 (1) against the applicant that the applicant has not paid, the licensing agency shall determine that the applicant is ineligible for issuance or renewal of the license, unless the applicant demonstrates that the applicant has the willingness and ability to pay the judgment.

AB748-SA2,86 Section 86. 103.40 of the statutes is created to read:

AB748-SA2,75,3 103.40 Terms of employment; disclosure statement. (1) Disclosure statement required. An employer shall provide an employee with a written statement disclosing the terms of employment at the time the employee is hired, on January 1 of each year in which the employee is employed by the employer, and not less than 7 days before the effective date of any change in the terms of employment. The written disclosure statement shall be in English and, if the employee has limited English proficiency, in the employee's native language. The written disclosure statement shall include all of the following information:

AB748-SA2,75,4 (a) The full name, mailing address, and telephone number of the employer.

AB748-SA2,75,7 (b) The remuneration to be paid to the employee, the frequency of payment of that remuneration, and, if that remuneration is paid as an hourly wage, the hourly basic rate of pay to be paid to the employee.

AB748-SA2,75,11 (c) The circumstances under which the employee will be paid at a rate that is higher than the hourly basic rate of pay for working in excess of an established number of hours per day, per week, or per month or for working on designated nights, weekends, or holidays.

AB748-SA2,75,17 (d) A description of any other economic benefits that the employer will provide, including health insurance benefits, paid sick leave, vacation pay, holiday pay, pension or other retirement benefits, personal protective equipment that is required for the performance of the employee's work, worker's compensation coverage, or unemployment insurance, whether an employee contribution will be required for those benefits, and, if so, the amount of that employee contribution.

AB748-SA2,75,20 (2) Waiver prohibited. Any agreement between an employer and an employee purporting to waive or modify the written disclosure statement requirement under sub. (1) or any term of employment specified in such a statement is void.

AB748-SA2,75,25 (3) Noncompliance; enforcement. (a) Any employer that fails to provide a written disclosure statement to an employee as required under sub. (1) or that fails to comply with the terms of employment specified in a written disclosure statement provided to an employee under sub. (1) is liable to the employee for all of the following:

AB748-SA2,76,3 1. All actual damages, including any wage claim or wage deficiency, sustained by the employee as a result of the employer's failure to provide that statement or to comply with those terms.

AB748-SA2,76,7 2. Liquidated damages of not more than $50 for each working day that the employer fails to provide that statement or to comply with those terms or, if applicable, the increased wages payable under s. 109.11 (2) (a) or (b), whichever is greater.

AB748-SA2,76,8 3. Reasonable costs and attorney fees, notwithstanding s. 814.04.

AB748-SA2,76,14 (b) In addition to the liability specified in par. (a) 1. to 3., the department or the circuit court may order an employer that fails to provide a written disclosure statement to an employee as required under sub. (1) or that fails to comply with the terms of employment specified in a written disclosure statement provided to an employee under sub. (1) to take such action as will effectuate the purpose of this section.

AB748-SA2,76,19 (c) An employee who is affected by a violation of par. (a) may file a wage claim with the department under s. 109.09 (1) (a) or may bring an action under s. 109.03 (5) without first filing a wage claim with the department under s. 109.09 (1) (a). Section 111.322 applies to any discharge or other discriminatory acts arising in connection with any proceeding under this section.

AB748-SA2,87 Section 87. 109.01 (3m) of the statutes is created to read:

AB748-SA2,76,25 109.01 (3m) “Wage claim" includes a claim under s. 103.40 (3) (c) that an employer has failed to provide a written disclosure statement to an employee as required under s. 103.40 (1) or has failed to comply with the terms of employment specified in a written disclosure statement provided to an employee under s. 103.40 (1).

AB748-SA2,88 Section 88. 109.03 (5) of the statutes is amended to read:

AB748-SA2,77,14 109.03 (5) Enforcement. Except as provided in sub. (1), no employer may by special contract with employees or by any other means secure exemption from this section. Each employee shall have a right of action against any employer for the full amount of the employee's wages due on each regular pay day as provided in this section and for interest on that amount and increased wages as provided in s. 109.11 (2), in any court of competent jurisdiction. An employee may bring an action under this subsection on his or her own behalf and on behalf of other employees similarly situated who consent in writing to being parties to the action. Such a consent shall be filed with the court. An employee may bring an action against an employer under this subsection without first filing a wage claim with the department under s. 109.09 (1) (a). An employee who brings an action against an employer under this subsection shall have a lien upon all property of the employer, real or personal, located in this state as described in s. 109.09 (2).

AB748-SA2,89 Section 89. 109.09 (1) of the statutes, as affected by 2017 Wisconsin Act 59, is renumbered 109.09 (1) (a) and amended to read:

AB748-SA2,78,2 109.09 (1) (a) The department shall investigate and attempt equitably to adjust controversies between employers and employees as to alleged wage claims. An employee may file a wage claim under this paragraph on his or her own behalf and on behalf of other employees similarly situated who consent in writing to being parties to the claim. Such a consent shall be filed with the department. The department may receive and investigate any wage claim that is filed with the department, or received by the department under s. 109.10 (4), no later than 2 4 years after the date the wages are due. The department may, after After receiving a wage claim, the department may investigate any wages due from the employer against whom the claim is filed to any employee during the period commencing 2 4 years before the date the claim is filed.

AB748-SA2,78,13 (b) The department shall enforce this chapter and s. 66.0903, 2013 stats., s. 103.49, 2013 stats., s. 229.8275, 2013 stats., and s. 16.856, 2015 stats., and ss. 103.02, 103.40, 103.82, and 104.12. 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 occurred 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.

AB748-SA2,78,18 (c) In actions that are referred to a district attorney under this subsection par. (b), 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.

AB748-SA2,90 Section 90. 109.09 (2) (a) of the statutes is amended to read:

AB748-SA2,78,24 109.09 (2) (a) The department of workforce development, under its authority under sub. (1) (b) to maintain actions for the benefit of employees, or an employee who brings an action under s. 109.03 (5) shall have a lien upon all property of the employer, real or personal, located in this state for the full amount of any wage claim or wage deficiency.

AB748-SA2,91 Section 91. 109.09 (2) (b) 3. of the statutes is amended to read:

AB748-SA2,79,5 109.09 (2) (b) 3. The department of workforce development or employee must file the notice under subd. 1. or 2. within 2 4 years after the date on which the wages were due. The notice shall specify the nature of the claim and the amount claimed, describe the property upon which the claim is made, and state that the person filing the notice claims a lien on that property.

AB748-SA2,92 Section 92. 109.09 (2) (c) 2. of the statutes is amended to read:

AB748-SA2,79,16 109.09 (2) (c) 2. Except as provided in this subdivision, a lien under par. (a) does not take precedence over a lien of a commercial lending institution against the employer that originates before the lien under par. (a) takes effect. Subject to subd. 3., a lien under par. (a) takes precedence over a lien of a commercial lending institution against the employer that originates before the lien under par. (a) takes effect only as to the first $3,000 of unpaid wages covered under the lien that are earned by an employee within the 6 months preceding the date on which the employee files the wage claim under sub. (1) (a) or brings the action under s. 109.03 (5) or the date on which the department receives the wage claim under s. 109.10 (4) (a), whichever is applicable.

AB748-SA2,93 Section 93. 109.11 (title) of the statutes is amended to read:

AB748-SA2,79,18 109.11 (title) Penalties and surcharge.

AB748-SA2,94 Section 94. 109.11 (1) (a) of the statutes is amended to read:

AB748-SA2,79,25 109.11 (1) (a) In adjusting a controversy between an employer and an employee as to an alleged wage claim filed with the department under s. 109.09 (1) (a), the department may compromise and settle that wage claim for such sum as may be agreed upon between the department, the employee, and the employer plus interest on that sum at the rate of 2 percent per month for each month that the wages were due and unpaid and the surcharge specified in sub. (4).

AB748-SA2,95 Section 95. 109.11 (1) (b) of the statutes is renumbered 109.11 (1) (b) 1. and amended to read:

AB748-SA2,80,12 109.11 (1) (b) 1. If the department finds that a wage claim is valid, the department may instruct the employer against whom the wage claim is filed to audit his or her payroll records to determine whether the employer may be liable for any other wage claims that are of the same type as the wage claim that prompted the audit instruction. If after the requested completion date of the audit the department receives a wage claim against the employer that is of the same type as the wage claim that prompted the audit instruction and if the department determines that the subsequent wage claim is valid, the department may audit the employer's payroll records to determine whether the employer may be liable for any other wage claims that are of the same type as the wage claim that prompted the audit instruction.