AB150: Bill Text

AB150,1315,24 (9) A substantial compliance with the requirements of chs. 103 to 106 shall be sufficient to give effect to an order of the department, and no order may be declared inoperative, illegal or void for any omission of a technical nature.

AB150,1316,2 (10) Orders of the department under chs. 103 to 106 shall be subject to review in the manner provided in ch. 227.

AB150,1316,7 (11) Every day during which any person or corporation, or any officer, agent or employe of a person or corporation, fails to observe and comply with any order of the department or fails to perform any duty required under chs. 103 to 106, shall constitute a separate and distinct violation of the order or of the requirement under chs. 103 to 106, whichever is applicable.

AB150,1316,14 (12) (a) If any employer, employe, owner, or other person violates chs. 103 to 106, or fails or refuses to perform any duty required under chs. 103 to 106, within the time prescribed by the department, for which no penalty has been specifically provided, or fails, neglects or refuses to obey any lawful order given or made by the department or any judgment or decree made by any court in connection with chs. 103 to 106, for each such violation, failure or refusal, the employer, employe, owner or other person shall forfeit not less than $10 nor more than $100 for each offense.

AB150,1316,18 (b) It shall be the duty of all officers of the state, the counties and municipalities, upon request of the department, to enforce in their respective departments or jurisdictions all lawful orders of the department to the extent that the orders are applicable and consistent with the general duties of such officers.

AB150,1316,20 (13) (a) The secretary or any examiner appointed by the secretary may hold hearings and take testimony.

AB150,1317,4 (b) Each witness who appears before the department by its order shall receive for attendance the fees and mileage provided for witnesses in civil cases in courts of record, which shall be audited and paid by the state in the same manner as other expenses are audited and paid, upon the presentation of properly verified vouchers approved by the secretary, and charged to the proper appropriation for the department. No witness subpoenaed at the instance of an attorney under par. (cm) or at the instance of a party other than the department is entitled to compensation from the state for attendance or travel unless the department certifies that the testimony was material to the matter investigated.

AB150,1317,9 (c) The department or any party may in any investigation cause the depositions of witnesses residing within or without the state to be taken in the manner prescribed by law for similar depositions in civil actions in circuit courts. The expense incurred by the state in the taking of such depositions shall be charged against the proper appropriations for the department.

AB150,1317,15 (cm) A party's attorney of record may issue a subpoena to compel the attendance of a witness or the production of evidence. A subpoena issued by an attorney must be in substantially the same form as provided in s. 805.07 (4) and must be served in the manner provided in s. 805.07 (5). The attorney shall, at the time of issuance, send a copy of the subpoena to the appeal tribunal or other representative of the department responsible for conducting the proceeding.

AB150,1317,18 (d) A full and complete record shall be kept of all proceedings had before the department on any investigation and all testimony shall be taken down by the stenographer appointed by the department.

AB150,1317,21 (14) (a) The department shall administer and enforce, so far as not otherwise provided for in the statutes, the laws relating to child labor, employment, employment offices and all other laws relating to the regulation of employment.

AB150,1317,24 (b) The department shall investigate, ascertain and determine such reasonable classifications of persons and employments as shall be necessary to carry out the purposes of chs. 103 to 106.

AB150,1318,7 (c) Any commissioner, the secretary or any deputy of the department may enter any place of employment or public building for the purpose of collecting facts and statistics and bringing to the attention of every employer or owner any law relating to the regulation of employment or any order of the department and any failure on the part of such employer or owner to comply with that law or order. No employer or owner may refuse to admit any commissioner, the secretary or any deputy of the department to his or her place of employment or public building.

AB150,1318,11 (d) Every employer and every owner shall furnish to the department all information required by the department to administer and enforce chs. 103 to 106, and shall provide specific answers to all questions that the department asks relating to any information the department requires.

AB150,1318,20 (e) Any employer receiving from the department any form requesting information that the department requires to administer and enforce chs. 103 to 106, along with directions to complete the form, shall properly complete the form and answer fully and correctly each question asked in the form. If the employer is unable to answer any question, the employer shall give a good and sufficient reason for his or her inability to answer the question. The employer's answers shall be verified under oath by the employer, or by the president, secretary or other managing officer of the corporation, if the employer is a corporation, and the completed form shall be returned to the department at its office within the period fixed by the department.

AB150,1319,5 (15) The department may establish a schedule of fees for publications and seminars provided by the department for which no fee is otherwise authorized, required or prohibited by statute. Fees established under this subsection for publications and seminars provided by the department may not exceed the actual cost incurred in providing those publications and seminars. If the department receives unanticipated proceeds from a statewide labor and management conference provided by the department that exceed the actual cost of the conference, the department may use those unanticipated proceeds to provide grants for local labor and management conferences, educational activities and other activities to promote positive relations between labor and management.

AB150,1319,7 (16) Each of the commissioners, the secretary or any deputy secretary may certify to official acts, and take testimony.

AB150, s. 3748 Section 3748. 103.02 of the statutes is amended to read:

AB150,1320,2 103.02 Hours of labor. No person may be employed or be permitted to work in any place of employment or at any employment for such period of time during any day, night or week, as is dangerous or prejudicial to the person's life, health, safety or welfare. The department shall investigate, ascertain, determine and fix such reasonable classification, and promulgate rules fixing a period of time, or hours of beginning and ending work during any day, night or week, which shall be necessary to protect the life, health, safety or welfare of any person, or to carry out the purposes of ss. 103.01 to 103.03. The department shall, by rule, classify such periods of time into periods to be paid for at regular rates and periods to be paid for at the rate of at least one and one-half times the regular rates. Such investigations, classifications and orders shall be made pursuant to the proceeding in ss. 101.01 to 101.25 which are hereby made a part hereof, so far as not inconsistent with ss. 103.01 to 103.03, and every order of the department shall have the same force and effect as the orders issued under ss. 101.01 to 101.25 as provided in s. 103.005 and the penalties therein under s. 103.005 (12) shall apply to and be imposed for any violation of ss. 103.01 to 103.03. Such orders shall be subject to review in the manner provided in ch. 227. Section 111.322 (2m) applies to discharge or other discriminatory acts arising in connection with any proceeding under this section.

AB150, s. 3749 Section 3749. 103.13 (1) (intro.) and (a) of the statutes are consolidated, renumbered 103.13 (1) and amended to read:

AB150,1320,6 103.13 (1) Definitions Definition. In this section: (a) "Employe" has the meaning specified in s. 101.01 (2) (a) and also, "employe" includes former employes.

AB150, s. 3750 Section 3750. 103.13 (1) (b) of the statutes is repealed.

AB150, s. 3751 Section 3751. 103.14 (1) of the statutes is repealed.

AB150, s. 3752 Section 3752. 103.14 (2) of the statutes is renumbered 103.14.

AB150, s. 3753 Section 3753. 103.25 (2) of the statutes is amended to read:

AB150,1320,18 103.25 (2) If upon investigation, the department determines that there are practical difficulties or unnecessary hardships in carrying out sub. (1), the department may by general or special order make reasonable exceptions or modifications with due regard for the life, health, safety and welfare of minors employed in street trades. The investigation and orders shall be made pursuant to ss. 101.01 to 101.25, and have the same force and effect as orders issued pursuant to those sections as provided under s. 103.005. These orders are subject to review as provided in ch. 227.

AB150, s. 3754 Section 3754. 103.545 (6) of the statutes is amended to read:

AB150,1321,2 103.545 (6) Upon complaint of an affected employer, labor organization or employe, the department may investigate violations and issue orders to enforce this section. The investigations and orders shall be made under ss. 101.01 to 101.25. Every order issued under this subsection has the same force and effect as orders issued under ss. 101.01 to 101.25, except as otherwise provided in this section as provided under s. 103.005. Orders are subject to review as provided in ch. 227. The department of justice may, upon request of the commission, prosecute violations of this section in any court of competent jurisdiction.

AB150, s. 3755 Section 3755. 103.64 (1) of the statutes is repealed.

AB150, s. 3756 Section 3756. 103.66 (title) of the statutes is amended to read:

AB150,1321,6 103.66 (title) Powers and duties of the department relating to employment of minors.

AB150, s. 3757 Section 3757. 103.66 (3) of the statutes is amended to read:

AB150,1321,12 103.66 (3) The investigations, classifications and orders provided for in subs. (1) and (2) shall be made pursuant to the procedure specified in ss. 101.01 to 101.25. Every order of the department has the same force and effect as the orders issued pursuant to ss. 101.01 to 101.25 as provided under s. 103.005. These orders are subject to review as provided in ch. 227.

AB150, s. 3758 Section 3758. 103.70 (1) of the statutes is amended to read:

AB150,1321,22 103.70 (1) Except as otherwise provided in sub. (2) and in ss. 103.21 to 103.31 and 103.78, and as may be provided under s. 103.79, a minor, unless indentured as an apprentice in accordance with s. 106.01, or unless 12 years and over and engaged in agricultural pursuits, or unless 14 years and over and enrolled in a youth apprenticeship program under s. 101.265 106.13, shall not be employed or permitted to work at any gainful occupation or employment unless there is first obtained from the department or a permit officer a written permit authorizing the employment of the minor within those periods of time stated in the permit, which shall not exceed the maximum hours prescribed by law.

****Note: This is reconciled s. 103.70 (1). This Section has been affected by drafts with the following LRB numbers: 2243/2 and 2298/5.

AB150, s. 3759 Section 3759. 103.79 (2) of the statutes is amended to read:

AB150,1322,7 103.79 (2) The department may investigate and fix by general or special order reasonable regulations relative to the employment of minors as caddies on golf courses. The regulations may include a waiver or modification of permit requirements for caddies. The investigations and orders shall be made pursuant to ss. 101.01 to 101.25, and every such order has the same force and effect as orders issued pursuant to ss. 101.01 to 101.25 as provided under s. 103.005. The orders are subject to review as provided in ch. 227.

AB150, s. 3760 Section 3760. 103.85 (4) of the statutes is amended to read:

AB150,1322,18 103.85 (4) If upon investigation, the department shall ascertain and determine that there be practical difficulties or unnecessary hardships in carrying out the provisions of this section, or upon a joint request of labor and management, the department may by general or special order make reasonable exceptions therefrom or modifications thereof provided that the life, health, safety and welfare of employes shall not be sacrificed or endangered thereby. Such investigation and orders shall be made pursuant to the proceedings in ss. 101.01 to 101.25; and every order of the department under this section shall have the same effect as orders issued pursuant to said sections as provided under s. 103.005. Such orders shall be subject to review under ch. 227.

AB150, s. 3761 Section 3761. 103.85 (5) of the statutes is amended to read:

AB150,1322,21 103.85 (5) Every employer who violates this section shall be punished as provided in s. 101.02 (13) 103.005 (11) and (12).

AB150, s. 3762 Section 3762. 103.90 (6) of the statutes is repealed.

AB150, s. 3763 Section 3763. 103.91 (3) of the statutes is amended to read:

AB150,1323,3 103.91 (3) Annual fees. Each certificate shall be renewed annually. The fee for the certificate or renewal shall be in an amount determined by the department, but not to exceed $25.

AB150, s. 3764 Section 3764. 103.92 (1) of the statutes is amended to read:

AB150,1323,9 103.92 (1) Application; fee. Every person maintaining a migrant labor camp shall, annually by April 1 or 30 days prior to the opening of a new camp, make application to the department to operate a camp. Each application shall be accompanied by a nonreturnable an application fee in an amount determined by the department, but not to exceed $25.

AB150, s. 3765 Section 3765. 104.04 of the statutes is amended to read:

AB150,1323,22 104.04 Classifications; department's authority. The department shall investigate, ascertain, determine and fix such reasonable classifications, and shall impose general or special orders, determining the living-wage, and shall carry out the purposes of ss. 104.01 to 104.12. Such investigations, classifications and orders shall be made pursuant to the proceeding in ss. 101.01 to 101.25, which are hereby made a part hereof, so far as not inconsistent with ss. 104.01 to 104.12; and every order of the department shall have the same force and effect as the orders issued pursuant to said ss. 101.01 to 101.25 as provided under s. 103.005, and the penalties therein specified in s. 103.005 (12) shall apply to and be imposed for any violation of ss. 104.01 to 104.12. The department may not establish a different minimum wage for men and women. Said orders shall be subject to review in the manner provided in ch. 227.

AB150, s. 3766 Section 3766. 105.15 of the statutes is amended to read:

AB150,1324,8 105.15 General powers of department applicable; penalties. Such investigations, classifications and orders shall be made pursuant to the proceeding in ss. 101.01 to 101.25, which are hereby made a part hereof, so far as not inconsistent with this chapter, and every order of the department shall have the same force and effect as the orders issued pursuant to said ss. 101.01 to 101.25 as provided in s. 103.005 and the penalties therein specified in s. 103.005 (12) shall apply to and be imposed for any violation of ss. 105.01 to 105.11 or 105.13 to 105.15. The department may also order a person who operates an employment agency in violation of s. 105.05 (1) to make refunds as provided under s. 105.16 (2). Orders issued under this section are subject to review in the manner provided in ch. 227.

AB150, s. 3767 Section 3767. Chapter 106 (title) of the statutes is amended to read:

AB150,1324,10 CHAPTER 106

AB150,1324,12 MASTER AND APPRENTICE and employment programs

AB150, s. 3768 Section 3768. Subchapter I (title) of chapter 106 [precedes 106.01] of the statutes is created to read:

AB150,1324,15 Chapter 106

AB150,1324,17 Subchapter I Apprentice programs

AB150, s. 3769 Section 3769. 106.01 (9) of the statutes is amended to read:

AB150,1325,5 106.01 (9) It shall be the duty of the department, and it shall have power, jurisdiction and authority, to investigate, ascertain, determine and fix such reasonable classifications and to issue rules and regulations, and general or special orders and to hold hearings and make findings and render orders thereon as shall be necessary to carry out the intent and purposes of s. 106.01. Such hearings, investigations, classifications, findings and orders shall be made pursuant to the proceeding in ss. 101.01 to 101.25, which are hereby made a part hereof, so far as not inconsistent with s. 106.01; and every order of the department shall have the same force and effect as the orders issued pursuant to said ss. 101.01 to 101.25 as provided in s. 103.005 and the penalties therein specified in s. 103.005 (12) shall apply to and be imposed for any violations of s. 106.01, excepting as to the penalties provided in s. 106.01 (8). Said orders shall be subject to review in the manner provided in ch. 227.

AB150, s. 3770 Section 3770. Subchapter II (title) of chapter 106 [precedes 106.04] of the statutes is created to read:

AB150,1325,8 Chapter 106

AB150,1325,10 Subchapter II Employment programs

AB150, s. 3771 Section 3771 . 106.215 (1) (fm) of the statutes, as affected by 1995 Wisconsin Act .... (this act), section 239 , is amended to read:

AB150,1325,18 106.215 (1) (fm) "Public assistance" means general relief under s. 49.02, relief of needy Indian persons under s. 49.046 relief provided by counties under s. 59.07 (154), aid to families with dependent children under s. 49.19, medical assistance under ss. 49.45 to 49.47, low-income energy assistance under s. 49.80, weatherization assistance under s. 16.39 and the food stamp program under 7 USC 2011 to 2029.

****Note: The question marks in the bill Section heading must be filled in with an auto-reference at the appropriate time.

****Note: This is reconciled s. 106.215 (1) (fm). This Section has been affected by drafts with the following LRB numbers: -1701/3, -2153/1 and 2602/2.

AB150, s. 3772 Section 3772 . 106.215 (1) (fm) of the statutes, as affected by 1995 Wisconsin Act .... (this act), sections 239 and 3771, is amended to read:

AB150,1326,3 106.215 (1) (fm) "Public assistance" means relief provided by counties under s. 59.07 (154), aid to families with dependent children under s. 49.19, medical assistance under ss. 49.45 to 49.47 subch. IV of ch. 49, low-income energy assistance under s. 49.80 16.385, weatherization assistance under s. 16.39 and the food stamp program under 7 USC 2011 to 2029.

****Note: This is reconciled s. 106.215. This Section has been affected by drafts with the following LRB numbers: -1701/3, -2153/1 and -2602/2.

AB150, s. 3773 Section 3773. 106.215 (6) (dm) of the statutes is created to read:

AB150,1326,7 106.215 (6) (dm) Benefits to enrollees. The extent to which the sponsor will provide to the corps enrollees on the project additional wages or other additional benefits.

****Note: This is reconciled s. 106.215 (6) (dm). This Section has been affected by drafts with the following LRB numbers: 95-2602 and 95-1432.

AB150, s. 3774 Section 3774. 106.215 (8g) of the statutes is created to read:

AB150,1326,11 106.215 (8g) Partnership projects. (a) If a sponsor pays for the total cost of a project, the board may select and approve a project without using the guidelines established under sub. (6).

AB150,1326,16 (b) If the department of corrections is a sponsor of a project that is approved under this subsection, the corps members on the project shall be prisoners in state prison, probationers or parolees and the members of the project shall receive applicable alcohol or other drug abuse treatment and educational programming services for a portion of each work week, but not to exceed 8 hours per work week.

****Note: This is reconciled s. 16.20 (8g). This Section has been affected by drafts with the following LRB numbers: LRB-1306 and LRB-2602.

AB150, s. 3775 Section 3775. 106.215 (8m) of the statutes is created to read:

AB150,1327,2 106.215 (8m) Administrative project. In addition to the projects authorized under this section, the board may approve one project that provides employment for corps enrollees in an administrative work or training project sponsored by the Wisconsin conservation corps. Subsections (5) (a) to (d), (6) and (8) (d), (g) to (j) and (k) 1. do not apply to a project approved under this subsection.

****Note: This is reconciled s. 16.20 (8m). This Section has been affected by drafts with the following LRB numbers: LRB-1300 and LRB-2602.

AB150, s. 3776 Section 3776. 107.30 (4) of the statutes is amended to read:

AB150,1327,5 107.30 (4) "Department" means the department of industry, labor and human relations development.

AB150, s. 3777 Section 3777. 108.02 (13) (k) of the statutes is amended to read:

AB150,1327,12 108.02 (13) (k) "Employer" does not include a county department or aging unit that serves as a fiscal agent or contracts with a fiscal intermediary to serve as a fiscal agent under s. 46.27 (5) (i) or 47.035 as to any individual performing services for a person receiving long-term support services under s. 46.27 (5) (b), 46.275, 46.277, 46.278, 49.52, 46.495, 51.42 or 51.437 or personal assistance services under s. 47.02 (4) (c).

AB150, s. 3778 Section 3778. 108.105 of the statutes is amended to read:

AB150,1327,23 108.105 Suspension of agents. The department may suspend the privilege of any agent to appear before the department at hearings under this chapter for a specified period if the department finds that the agent has engaged in an act of fraud or misrepresentation or repeatedly failed to comply with departmental rules, or has engaged in the solicitation of a claimant solely for the purpose of appearing at a hearing as the claimant's representative for pay. Prior to imposing a suspension under this section, the secretary of industry, labor and human relations or the secretary's designee shall conduct a hearing concerning the proposed suspension. The hearing shall be conducted under ch. 227 and the decision of the department may be appealed under s. 227.52.

AB150, s. 3779 Section 3779. 108.14 (11) of the statutes is amended to read:

AB150,1328,12 108.14 (11) The department may require any employing unit which employs one or more individuals to perform work in this state to make such arrangements as will reasonably assure the department that the employing unit will keep such records, make such reports, and pay such contributions as are required under this chapter. Any employing unit which the department has notified, through notice served on it or sent by registered mail to its last-known address or served by publishing a notice under s. 180.1510 (4) (b) 1., that it is required to make such arrangements and which fails to do so within 20 days after such notification may, through proceedings instituted by the department in the circuit court for Dane county, be restrained from doing business in this state until it has made such arrangements.