AB150,1310,6 3(8) "Frequenter" means every person, other than an employe, who may go in
4or be in a place of employment or public building under circumstances which render
5such person other than a trespasser. Such term includes a pupil or student when
6enrolled in or receiving instruction at an educational institution.
AB150,1310,11 7(9) "General order" means such order as applies generally throughout the state
8to all persons, employments, places of employment or public buildings, or all persons,
9employments or places of employment or public buildings of a class under the
10jurisdiction of the department. All other orders of the department shall be
11considered special orders.
AB150,1310,16 12(10) "Local order" means any ordinance, order, rule or determination of any
13common council, board of alderpersons, board of trustees or the village board, of any
14village or city, a regulation or order of the local board of health, as defined in s. 250.01
15(3), or an order or direction of any official of a municipality, upon any matter over
16which the department has jurisdiction.
AB150,1310,19 17(11) "Order" means any decision, rule, regulation, direction, requirement or
18standard of the department, or any other determination arrived at or decision made
19by the department.
AB150,1311,6 20(12) "Place of employment" includes every place, whether indoors or out or
21underground and the premises appurtenant thereto where either temporarily or
22permanently any industry, trade or business is carried on, or where any process or
23operation, directly or indirectly related to any industry, trade or business, is carried
24on, and where any person is, directly or indirectly, employed by another for direct or
25indirect gain or profit, but does not include any place where persons are employed

1in private domestic service which does not involve the use of mechanical power or in
2farming. "Farming" includes those activities specified in s. 102.04 (3), and also
3includes the transportation of farm products, supplies or equipment directly to the
4farm by the operator of said farm or employes for use thereon, if such activities are
5directly or indirectly for the purpose of producing commodities for market, or as an
6accessory to such production.
AB150,1311,10 7(13) "Public building" means any structure, including exterior parts of such
8building, such as a porch, exterior platform or steps providing means of ingress or
9egress, used in whole or in part as a place of resort, assemblage, lodging, trade,
10traffic, occupancy, or use by the public or by 3 or more tenants.
AB150,1311,16 11(14) "Safe" or "safety", as applied to an employment or a place of employment
12or a public building, means such freedom from danger to the life, health, safety or
13welfare of employes or frequenters, or the public, or tenants, or fire fighters, and such
14reasonable means of notification, egress and escape in case of fire, and such freedom
15from danger to adjacent buildings or other property, as the nature of the employment,
16place of employment, or public building, will reasonably permit.
AB150,1311,17 17(15) "Secretary" means the secretary of industry, labor and human relations.
AB150,1311,18 18(16) "Welfare" includes comfort, decency and moral well-being.
AB150, s. 3747 19Section 3747. 103.005 of the statutes is created to read:
AB150,1311,23 20103.005 Powers, duties and jurisdiction of department. (1) The
21department shall adopt reasonable and proper rules and regulations relative to the
22exercise of its powers and authorities and proper rules to govern its proceedings and
23to regulate the mode and manner of all investigations and hearings.
AB150,1312,3 24(3) The department shall employ, promote and remove deputies, clerks and
25other assistants as needed, to fix their compensation, and to assign to them their

1duties; and shall appoint advisers who shall, without compensation except
2reimbursement for actual and necessary expenses, assist the department in the
3execution of its duties.
AB150,1312,6 4(4) The department shall collect, collate and publish statistical and other
5information relating to the work under its jurisdiction and shall make public reports
6in its judgment necessary.
AB150,1312,10 7(5) (a) The department shall conduct such investigations, hold such public
8meetings and attend or be represented at such meetings, conferences and
9conventions inside or outside of the state as may, in its judgment, tend to better the
10execution of its functions.
AB150,1312,1411 (b) For the purpose of making any investigation with regard to any
12employment, the secretary may appoint, by an order in writing, any deputy who is
13a citizen of the state, or any other competent person as an agent whose duties shall
14be prescribed in such order.
AB150,1312,1815 (c) In the discharge of his or her duties such agent shall have every power of
16an inquisitorial nature granted in chs. 103 to 106 to the department, the same powers
17as a court commissioner with regard to the taking of depositions and all powers
18granted by law to a court commissioner relative to depositions.
AB150,1312,2519 (d) The department may conduct any number of such investigations
20contemporaneously through different agents, and may delegate to such agent the
21taking of all testimony bearing upon any investigation or hearing. The decision of
22the department shall be based upon its examination of all testimony and records.
23The recommendations made by such agents shall be advisory only and shall not
24preclude the taking of further testimony if the department so orders nor preclude
25further investigation.
AB150,1313,3
1(e) The secretary may direct any deputy who is a citizen to act as special
2prosecutor in any action, proceeding, investigation, hearing or trial relating to the
3matters within its jurisdiction.
AB150,1313,94 (f) Upon the request of the department, the department of justice or district
5attorney of the county in which any investigation, hearing or trial had under chs. 103
6to 106 is pending, shall aid therein and prosecute under the supervision of the
7department, all necessary actions or proceedings for the enforcement of those
8sections and all other laws of this state relating to the regulation of employment, and
9for the punishment of all violations thereof.
AB150,1313,13 10(6) (a) All orders of the department in conformity with law shall be in force, and
11shall be prima facie lawful; and all such orders shall be valid and in force, and prima
12facie reasonable and lawful until they are found otherwise upon judicial review
13thereof pursuant to ch. 227 or until altered or revoked by the department.
AB150,1313,1514 (b) All general orders shall take effect as provided in s. 227.22. Special orders
15shall take effect as directed in the special order.
AB150,1313,1716 (c) The department shall, upon application of any employer or owner, grant
17such time as may be reasonably necessary for compliance with any order.
AB150,1313,1918 (d) Any person may petition the department for an extension of time, which the
19department shall grant if it finds such an extension of time necessary.
AB150,1313,2320 (e) Any employer or other person interested either because of ownership in or
21occupation of any property affected by any such order, or otherwise, may petition for
22a hearing on the reasonableness of any order of the department in the manner
23provided in chs. 103 to 106.
AB150,1314,524 (f) Such petition for hearing shall be by verified petition filed with the
25department, setting out specifically and in full detail the order upon which a hearing

1is desired and every reason why such order is unreasonable, and every issue to be
2considered by the department on the hearing. The petitioner shall be deemed to have
3finally waived all objections to any irregularities and illegalities in the order upon
4which a hearing is sought other than those set forth in the petition. All hearings of
5the department shall be open to the public.
AB150,1314,136 (g) Upon receipt of such petition, if the issues raised in such petition have
7theretofore been adequately considered, the department shall determine the same
8by confirming without hearing its previous determination, or if such hearing is
9necessary to determine the issues raised, the department shall order a hearing
10thereon and consider and determine the matter or matters in question at such times
11as shall be prescribed. Notice of the time and place of such hearing shall be given
12to the petitioner and to such other persons as the department may find directly
13interested in such decision.
AB150,1314,1614 (h) Upon such investigation, if the department finds that the order complained
15of is unjust or unreasonable the department shall substitute for that order such other
16order as shall be just and reasonable.
AB150,1314,2017 (i) Whenever at the time of the final determination upon such hearing it shall
18be found that further time is reasonably necessary for compliance with the order of
19the department, the department shall grant such time as may be reasonably
20necessary for such compliance.
AB150,1314,25 21(7) (a) Any person affected by any local order in conflict with an order of the
22department, may in the manner provided in sub. (6) (e) to (i), petition the department
23for a hearing on the ground that such local order is unreasonable and in conflict with
24the order of the department. The petition for such hearing shall conform to the
25requirements set forth for a petition in sub. (6) (e) to (i).
AB150,1315,11
1(b) Upon receipt of a petition under par. (a) the department shall order a
2hearing to consider and determine the issues raised by the petition. The hearing
3shall be held in the village, city or municipality where the local order appealed from
4was made. Notice of the time and place of such hearing shall be given to the
5petitioner and such other persons as the department may find directly interested in
6such decision, including the clerk of the municipality or town from which such appeal
7comes. If upon such investigation it shall be found that the local order appealed from
8is unreasonable and in conflict with the order of the department, the department
9may modify its order and shall substitute for the local order appealed from such order
10as shall be reasonable and legal in the premises, and thereafter the local order shall,
11in such particulars, be void and of no effect.
AB150,1315,17 12(8) (a) No action, proceeding or suit to set aside, vacate or amend any order of
13the department or to enjoin the enforcement of an order of the department shall be
14brought unless the plaintiff has applied to the department for a hearing on the order
15at the time and as provided in sub. (6) (e) to (i), and has, in the petition for the hearing
16under sub. (6), raised every issue raised in the action, proceeding or suit to set aside,
17vacate, amend or enjoin the enforcement of the order of the department.
AB150,1315,2118 (b) In a prosecution for the violation of an order of the department, the order
19of the department shall be conclusively presumed to be just, reasonable and lawful,
20unless prior to the beginning of the prosecution for the violation a proceeding for
21judicial review of such order has been instituted as provided in ch. 227.
AB150,1315,24 22(9) A substantial compliance with the requirements of chs. 103 to 106 shall be
23sufficient to give effect to an order of the department, and no order may be declared
24inoperative, illegal or void for any omission of a technical nature.
AB150,1316,2
1(10) Orders of the department under chs. 103 to 106 shall be subject to review
2in the manner provided in ch. 227.
AB150,1316,7 3(11) Every day during which any person or corporation, or any officer, agent
4or employe of a person or corporation, fails to observe and comply with any order of
5the department or fails to perform any duty required under chs. 103 to 106, shall
6constitute a separate and distinct violation of the order or of the requirement under
7chs. 103 to 106, whichever is applicable.
AB150,1316,14 8(12) (a) If any employer, employe, owner, or other person violates chs. 103 to
9106, or fails or refuses to perform any duty required under chs. 103 to 106, within the
10time prescribed by the department, for which no penalty has been specifically
11provided, or fails, neglects or refuses to obey any lawful order given or made by the
12department or any judgment or decree made by any court in connection with chs. 103
13to 106, for each such violation, failure or refusal, the employer, employe, owner or
14other person shall forfeit not less than $10 nor more than $100 for each offense.
AB150,1316,1815 (b) It shall be the duty of all officers of the state, the counties and
16municipalities, upon request of the department, to enforce in their respective
17departments or jurisdictions all lawful orders of the department to the extent that
18the orders are applicable and consistent with the general duties of such officers.
AB150,1316,20 19(13) (a) The secretary or any examiner appointed by the secretary may hold
20hearings and take testimony.
AB150,1317,421 (b) Each witness who appears before the department by its order shall receive
22for attendance the fees and mileage provided for witnesses in civil cases in courts of
23record, which shall be audited and paid by the state in the same manner as other
24expenses are audited and paid, upon the presentation of properly verified vouchers
25approved by the secretary, and charged to the proper appropriation for the

1department. No witness subpoenaed at the instance of an attorney under par. (cm)
2or at the instance of a party other than the department is entitled to compensation
3from the state for attendance or travel unless the department certifies that the
4testimony was material to the matter investigated.
AB150,1317,95 (c) The department or any party may in any investigation cause the depositions
6of witnesses residing within or without the state to be taken in the manner
7prescribed by law for similar depositions in civil actions in circuit courts. The
8expense incurred by the state in the taking of such depositions shall be charged
9against the proper appropriations for the department.
AB150,1317,1510 (cm) A party's attorney of record may issue a subpoena to compel the
11attendance of a witness or the production of evidence. A subpoena issued by an
12attorney must be in substantially the same form as provided in s. 805.07 (4) and must
13be served in the manner provided in s. 805.07 (5). The attorney shall, at the time of
14issuance, send a copy of the subpoena to the appeal tribunal or other representative
15of the department responsible for conducting the proceeding.
AB150,1317,1816 (d) A full and complete record shall be kept of all proceedings had before the
17department on any investigation and all testimony shall be taken down by the
18stenographer appointed by the department.
AB150,1317,21 19(14) (a) The department shall administer and enforce, so far as not otherwise
20provided for in the statutes, the laws relating to child labor, employment,
21employment offices and all other laws relating to the regulation of employment.
AB150,1317,2422 (b) The department shall investigate, ascertain and determine such reasonable
23classifications of persons and employments as shall be necessary to carry out the
24purposes of chs. 103 to 106.
AB150,1318,7
1(c) Any commissioner, the secretary or any deputy of the department may enter
2any place of employment or public building for the purpose of collecting facts and
3statistics and bringing to the attention of every employer or owner any law relating
4to the regulation of employment or any order of the department and any failure on
5the part of such employer or owner to comply with that law or order. No employer
6or owner may refuse to admit any commissioner, the secretary or any deputy of the
7department to his or her place of employment or public building.
AB150,1318,118 (d) Every employer and every owner shall furnish to the department all
9information required by the department to administer and enforce chs. 103 to 106,
10and shall provide specific answers to all questions that the department asks relating
11to any information the department requires.
AB150,1318,2012 (e) Any employer receiving from the department any form requesting
13information that the department requires to administer and enforce chs. 103 to 106,
14along with directions to complete the form, shall properly complete the form and
15answer fully and correctly each question asked in the form. If the employer is unable
16to answer any question, the employer shall give a good and sufficient reason for his
17or her inability to answer the question. The employer's answers shall be verified
18under oath by the employer, or by the president, secretary or other managing officer
19of the corporation, if the employer is a corporation, and the completed form shall be
20returned to the department at its office within the period fixed by the department.
AB150,1319,5 21(15) The department may establish a schedule of fees for publications and
22seminars provided by the department for which no fee is otherwise authorized,
23required or prohibited by statute. Fees established under this subsection for
24publications and seminars provided by the department may not exceed the actual
25cost incurred in providing those publications and seminars. If the department

1receives unanticipated proceeds from a statewide labor and management conference
2provided by the department that exceed the actual cost of the conference, the
3department may use those unanticipated proceeds to provide grants for local labor
4and management conferences, educational activities and other activities to promote
5positive relations between labor and management.
AB150,1319,7 6(16) Each of the commissioners, the secretary or any deputy secretary may
7certify to official acts, and take testimony.
AB150, s. 3748 8Section 3748. 103.02 of the statutes is amended to read:
AB150,1320,2 9103.02 Hours of labor. No person may be employed or be permitted to work
10in any place of employment or at any employment for such period of time during any
11day, night or week, as is dangerous or prejudicial to the person's life, health, safety
12or welfare. The department shall investigate, ascertain, determine and fix such
13reasonable classification, and promulgate rules fixing a period of time, or hours of
14beginning and ending work during any day, night or week, which shall be necessary
15to protect the life, health, safety or welfare of any person, or to carry out the purposes
16of ss. 103.01 to 103.03. The department shall, by rule, classify such periods of time
17into periods to be paid for at regular rates and periods to be paid for at the rate of at
18least one and one-half times the regular rates. Such investigations, classifications
19and orders shall be made pursuant to the proceeding in ss. 101.01 to 101.25 which
20are hereby made a part hereof, so far as not inconsistent with ss. 103.01 to 103.03,
21and every order of the department shall have the same force and effect as the orders
22issued under ss. 101.01 to 101.25
as provided in s. 103.005 and the penalties therein
23under s. 103.005 (12) shall apply to and be imposed for any violation of ss. 103.01 to
24103.03. Such orders shall be subject to review in the manner provided in ch. 227.

1Section 111.322 (2m) applies to discharge or other discriminatory acts arising in
2connection with any proceeding under this section.
AB150, s. 3749 3Section 3749. 103.13 (1) (intro.) and (a) of the statutes are consolidated,
4renumbered 103.13 (1) and amended to read:
AB150,1320,65 103.13 (1)Definitions Definition. In this section: (a) "Employe" has the
6meaning specified in s. 101.01 (2) (a) and also
, "employe" includes former employes.
AB150, s. 3750 7Section 3750. 103.13 (1) (b) of the statutes is repealed.
AB150, s. 3751 8Section 3751. 103.14 (1) of the statutes is repealed.
AB150, s. 3752 9Section 3752. 103.14 (2) of the statutes is renumbered 103.14.
AB150, s. 3753 10Section 3753. 103.25 (2) of the statutes is amended to read:
AB150,1320,1811 103.25 (2) If upon investigation, the department determines that there are
12practical difficulties or unnecessary hardships in carrying out sub. (1), the
13department may by general or special order make reasonable exceptions or
14modifications with due regard for the life, health, safety and welfare of minors
15employed in street trades. The investigation and orders shall be made pursuant to
16ss. 101.01 to 101.25, and have the same force and effect as orders issued pursuant
17to those sections
as provided under s. 103.005. These orders are subject to review as
18provided in ch. 227.
AB150, s. 3754 19Section 3754. 103.545 (6) of the statutes is amended to read:
AB150,1321,220 103.545 (6) Upon complaint of an affected employer, labor organization or
21employe, the department may investigate violations and issue orders to enforce this
22section. The investigations and orders shall be made under ss. 101.01 to 101.25.
23Every order issued under this subsection has the same force and effect as orders
24issued under ss. 101.01 to 101.25, except as otherwise provided in this section
as
25provided under s. 103.005
. Orders are subject to review as provided in ch. 227. The

1department of justice may, upon request of the commission, prosecute violations of
2this section in any court of competent jurisdiction.
AB150, s. 3755 3Section 3755. 103.64 (1) of the statutes is repealed.
AB150, s. 3756 4Section 3756. 103.66 (title) of the statutes is amended to read:
AB150,1321,6 5103.66 (title) Powers and duties of the department relating to
6employment of minors
.
AB150, s. 3757 7Section 3757. 103.66 (3) of the statutes is amended to read:
AB150,1321,128 103.66 (3) The investigations, classifications and orders provided for in subs.
9(1) and (2) shall be made pursuant to the procedure specified in ss. 101.01 to 101.25.
10Every order of the department has the same force and effect as the orders issued
11pursuant to ss. 101.01 to 101.25
as provided under s. 103.005. These orders are
12subject to review as provided in ch. 227.
AB150, s. 3758 13Section 3758. 103.70 (1) of the statutes is amended to read:
AB150,1321,2214 103.70 (1) Except as otherwise provided in sub. (2) and in ss. 103.21 to 103.31
15and 103.78, and as may be provided under s. 103.79, a minor, unless indentured as
16an apprentice in accordance with s. 106.01, or unless 12 years and over and engaged
17in agricultural pursuits, or unless 14 years and over and enrolled in a youth
18apprenticeship program under s. 101.265 106.13, shall not be employed or permitted
19to work at any gainful occupation or employment unless there is first obtained from
20the department or a permit officer a written permit authorizing the employment of
21the minor within those periods of time stated in the permit, which shall not exceed
22the 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 23Section 3759. 103.79 (2) of the statutes is amended to read:
AB150,1322,7
1103.79 (2) The department may investigate and fix by general or special order
2reasonable regulations relative to the employment of minors as caddies on golf
3courses. The regulations may include a waiver or modification of permit
4requirements for caddies. The investigations and orders shall be made pursuant to
5ss. 101.01 to 101.25, and every such order has the same force and effect as orders
6issued pursuant to ss. 101.01 to 101.25
as provided under s. 103.005. The orders are
7subject to review as provided in ch. 227.
AB150, s. 3760 8Section 3760. 103.85 (4) of the statutes is amended to read:
AB150,1322,189 103.85 (4) If upon investigation, the department shall ascertain and determine
10that there be practical difficulties or unnecessary hardships in carrying out the
11provisions of this section, or upon a joint request of labor and management, the
12department may by general or special order make reasonable exceptions therefrom
13or modifications thereof provided that the life, health, safety and welfare of employes
14shall not be sacrificed or endangered thereby. Such investigation and orders shall
15be made pursuant to the proceedings in ss. 101.01 to 101.25; and every order of the
16department under this section shall have the same effect as orders issued pursuant
17to said sections
as provided under s. 103.005. Such orders shall be subject to review
18under ch. 227.
AB150, s. 3761 19Section 3761. 103.85 (5) of the statutes is amended to read:
AB150,1322,2120 103.85 (5) Every employer who violates this section shall be punished as
21provided in s. 101.02 (13) 103.005 (11) and (12).
AB150, s. 3762 22Section 3762. 103.90 (6) of the statutes is repealed.
AB150, s. 3763 23Section 3763. 103.91 (3) of the statutes is amended to read:
AB150,1323,3
1103.91 (3) Annual fees. Each certificate shall be renewed annually. The fee
2for the certificate or renewal shall be in an amount determined by the department,
3but not to exceed $25
.
AB150, s. 3764 4Section 3764. 103.92 (1) of the statutes is amended to read:
AB150,1323,95 103.92 (1) Application; fee. Every person maintaining a migrant labor camp
6shall, annually by April 1 or 30 days prior to the opening of a new camp, make
7application to the department to operate a camp. Each application shall be
8accompanied by a nonreturnable an application fee in an amount determined by the
9department, but not to exceed $25.
AB150, s. 3765 10Section 3765. 104.04 of the statutes is amended to read:
AB150,1323,22 11104.04 Classifications; department's authority. The department shall
12investigate, ascertain, determine and fix such reasonable classifications, and shall
13impose general or special orders, determining the living-wage, and shall carry out
14the purposes of ss. 104.01 to 104.12. Such investigations, classifications and orders
15shall be made pursuant to the proceeding in ss. 101.01 to 101.25, which are hereby
16made a part hereof, so far as not inconsistent with ss. 104.01 to 104.12; and every
17order of the department shall have the same force and effect as the orders issued
18pursuant to said ss. 101.01 to 101.25
as provided under s. 103.005, and the penalties
19therein specified in s. 103.005 (12) shall apply to and be imposed for any violation of
20ss. 104.01 to 104.12. The department may not establish a different minimum wage
21for men and women. Said orders shall be subject to review in the manner provided
22in ch. 227.
AB150, s. 3766 23Section 3766. 105.15 of the statutes is amended to read:
AB150,1324,8 24105.15 General powers of department applicable; penalties. Such
25investigations, classifications and orders shall be made pursuant to the proceeding

1in ss. 101.01 to 101.25, which are hereby made a part hereof, so far as not inconsistent
2with this chapter, and every order of the department shall have the same force and
3effect as the orders issued pursuant to said ss. 101.01 to 101.25
as provided in s.
4103.005
and the penalties therein specified in s. 103.005 (12) shall apply to and be
5imposed for any violation of ss. 105.01 to 105.11 or 105.13 to 105.15. The department
6may also order a person who operates an employment agency in violation of s. 105.05
7(1) to make refunds as provided under s. 105.16 (2). Orders issued under this section
8are subject to review in the manner provided in ch. 227.
AB150, s. 3767 9Section 3767. Chapter 106 (title) of the statutes is amended to read:
AB150,1324,1010 CHAPTER 106
AB150,1324,12 11MASTER AND APPRENTICE and
12 employment programs
AB150, s. 3768 13Section 3768. Subchapter I (title) of chapter 106 [precedes 106.01] of the
14statutes is created to read:
AB150,1324,1515 Chapter 106
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