Amendment SSA1-AB75

AB75-SSA1,1178,14 (5) Exemptions and modifications. An employer may apply to the department for an exemption from or modification to the requirements under sub. (2) (a). A request for an exemption or modification shall include a showing of good cause why the employer cannot comply with those requirements. If the department finds good cause for an employer's inability to comply with those requirements, the department may grant the requested exemption or modification. Reasons for granting an exemption or modification include all of the following:

AB75-SSA1,1178,15 (a) A demonstrated lack of apprentices available in the area of the project.

AB75-SSA1,1178,17 (b) The unsuitability of the employer's apprenticeship training program for the project or the unavailability of that program at the site of the project.

AB75-SSA1,1178,19 (c) A disproportionately high ratio of material costs to labor hours on the project.

AB75-SSA1,1178,21 (d) A documented depression in the construction industry in the area of the project.

AB75-SSA1,1178,22 (e) Specific safety or certification considerations.

AB75-SSA1,1178,25 (f) The necessity of meeting any equal employment opportunity, affirmative action, or other workforce participation requirements under any federal, state, or local laws, regulations, rules, or ordinances.

AB75-SSA1,1179,11 (6) Compliance. (a) The department shall monitor compliance with this section. In monitoring that compliance the department shall also monitor the age, race, and sex of the apprentices employed by an employer performing work on a project and the hours worked by those apprentices. To that end, each employer performing work on a project shall keep copies of payrolls and other records and information as necessary for the department to perform that monitoring. The department may demand and examine, and each employer shall furnish upon request by the department, copies of those payrolls and other records and information. The department may inspect records in the manner provided in ch. 103. Every employer performing work on a project is subject to the requirements of ch. 103 relating to the examination of records.

AB75-SSA1,1179,20 (b) If an employer fails to meet the requirements of a contract under sub. (2) (a) implementing this section, the state agency that entered into the contract shall give the employer the opportunity to demonstrate that every good faith effort was made to meet the requirements of the contract. If the state agency determines that the employer is in compliance with the contract or has demonstrated that every good faith effort was made to meet those requirements, no further action shall be taken. If the state agency determines that the employer is not in compliance with the contract and has not demonstrated that every good faith effort was made to meet those requirements, the state agency shall bring an action for breach of contract.

AB75-SSA1,1179,23 (c) An employer is responsible only for its own compliance with the requirements of a contract under sub. (2) (a) and is not responsible for compliance with those requirements by any other employer.

AB75-SSA1,1179,25 (d) Section 111.322 (2m) applies to discharge and other discriminatory acts arising in connection with any proceeding under this section.

AB75-SSA1,1180,3 (7) Construction. Nothing in this section shall be construed as creating any right, benefit, claim, or remedy enforceable against the state, any state agency, or any officer or employee of the state or of any state agency.

AB75-SSA1, s. 2207t Section 2207t. 106.30 of the statutes is created to read:

AB75-SSA1,1180,9 106.30 Nursing workforce survey and grant. (1) Definition. In this section, "nurse" means a registered nurse licensed under s. 441.06 or permitted under s. 441.08, a licensed practical nurse licensed or permitted under s. 441.10, an advanced practice nurse prescriber certified under s. 441.16 (2), or a nurse-midwife licensed under s. 441.15.

AB75-SSA1,1180,16 (2) Survey form. By October 1 of each odd-numbered year, the department of workforce development shall develop and submit to the department of regulation and licensing a survey form to gather data under s. 441.01 (7) (a) 1. to assist the department of workforce development in evaluating the supply of, demand for, and turnover among nurses in this state and in determining whether there are any regional shortages of nurses, shortages of nurses in any speciality areas, or impediments to entering the nursing profession in this state.

AB75-SSA1,1180,21 (3) Survey results. Beginning in 2011, by September 30 of each odd-numbered year, the department shall compile, process, and evaluate the survey results and submit a report of its findings to the speaker of the assembly and the president of the senate under s. 13.172 (3) and to the governor, the secretary of health services, and the nurse resource center described in sub. (5).

AB75-SSA1,1180,24 (4) Costs of survey. The department may use no more than 12 percent of the amount received under s. 20.445 (1) (km) for costs incurred by the department under subs. (2) and (3).

AB75-SSA1,1181,10 (5) Nursing workforce grants. (a) From the appropriation account under s. 20.445 (1) (km), the department of workforce development shall award grants equal to the amount appropriated under s. 20.445 (1) (km) minus the amount expended under sub. (4) to a nonprofit statewide nursing center that is comprised of and led by nurses and that has demonstrated coordination with constituent groups within the nursing community, including professional nursing organizations; organizations representing nurse educators, staff nurses, and nurse managers or executives; labor organizations representing nurses; the department of regulation and licensing; the department of health services; and legislators who are concerned with issues affecting the nursing profession.

AB75-SSA1,1181,24 (b) A statewide nursing center that receives a grant under par. (a) shall use the grant moneys to develop strategies to ensure that there is a nursing workforce that is adequate to meet the current and future health care needs of this state. The statewide nursing center may use those moneys to fund activities that are aimed at ensuring such a nursing workforce, including monitoring trends in the applicant pool for nursing education programs; evaluating the effectiveness of nursing education programs in increasing access to those programs and in enhancing career mobility for nurses, especially for populations that are underrepresented in the nursing profession; and facilitating partnerships between the nursing community and other health care providers, the department of regulation and licensing, the business community, the legislature, and educators to promote diversity within the nursing profession, enhance career mobility and leadership development for nurses, and achieve consensus regarding policies aimed at ensuring an adequate nursing workforce in this state.

AB75-SSA1, s. 2210m Section 2210m. 108.24 (2) of the statutes is amended to read:

AB75-SSA1,1182,8 108.24 (2) Except as provided in sub. (2m) and s. 108.16 (8) (m), any person who knowingly makes a false statement or representation in connection with any report or as to any information duly required by the department under this chapter, or who knowingly refuses or fails to keep any records or to furnish any reports or information duly required by the department under this chapter, shall be fined not less than $100 nor more than $500, or imprisoned not more than 90 days or both; and each such false statement or representation and every day of such refusal or failure constitutes a separate offense.

AB75-SSA1, s. 2210n Section 2210n. 108.24 (2m) of the statutes is created to read:

AB75-SSA1,1182,13 108.24 (2m) Any employer described in s. 108.18 (2) (c) who willfully provides false information to the department for the purpose of misclassifying or attempting to misclassify an individual who is an employee of the employer as a nonemployee shall be fined $25,000 for each violation.

AB75-SSA1, s. 2211 Section 2211. 109.03 (3) (a) of the statutes is amended to read:

AB75-SSA1,1182,18 109.03 (3) (a) In case of the death of an employee to whom wages are due, the full amount of the wages due shall upon demand be paid by the employer to the spouse, domestic partner under ch. 770, children, or other dependent living with the employee at the time of death.

AB75-SSA1, s. 2212 Section 2212. 109.03 (3) (b) of the statutes is amended to read:

AB75-SSA1,1182,24 109.03 (3) (b) An employer may, not less than 5 days after the death of an employee and before the filing of a petition or application for administration of the decedent's estate, make payments of the wage due the deceased employee to the spouse, domestic partner under ch. 770, children, parents, or siblings of the decedent, giving preference in the order listed.

AB75-SSA1, s. 2213 Section 2213. 109.03 (3) (c) of the statutes is amended to read:

AB75-SSA1,1183,4 109.03 (3) (c) If none of the relatives persons listed in par. (b) survives, the employer may apply the payment of the wage or so much of the wage as may be necessary to paying creditors of the decedent in the order of preference prescribed in s. 859.25 for satisfaction of debts by personal representatives.

AB75-SSA1, s. 2214 Section 2214. 109.09 (1) of the statutes is amended to read:

AB75-SSA1,1184,2 109.09 (1) The department shall investigate and attempt equitably to adjust controversies between employers and employees as to alleged wage claims. The department may receive and investigate any wage claim which is filed with the department, or received by the department under s. 109.10 (4), no later than 2 years after the date the wages are due. The department may, after receiving a wage claim, investigate any wages due from the employer against whom the claim is filed to any employee during the period commencing 2 years before the date the claim is filed. The department shall enforce this chapter and ss. 66.0903, 66.0904, 103.02, 103.49, 103.82, 104.12, and 229.8275. 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 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. In actions that are referred to a district attorney under this subsection, 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.

AB75-SSA1, s. 2216b Section 2216b. 110.072 of the statutes is created to read:

AB75-SSA1,1184,8 110.072 Contracts related to state traffic patrol vehicles. Notwithstanding s. 16.705, the department may not contract with any 3rd party for the 3rd party to provide services to the department related to the installation and maintenance of communications and other law enforcement equipment on state traffic patrol vehicles.

AB75-SSA1, s. 2216e Section 2216e. 110.08 (2) of the statutes is amended to read:

AB75-SSA1,1184,11 110.08 (2) Except as provided under s. 343.16 (1) (b) and to (c), all examinations for operator's licenses and permits shall be given by state examiners.

AB75-SSA1, s. 2216g Section 2216g. 111.02 (3) of the statutes is amended to read:

AB75-SSA1,1185,2 111.02 (3) "Collective bargaining unit" means all of the employees of one employer, employed within the state, except as provided in s. 111.05 (5) and (7) and except that where a majority of the employees engaged in a single craft, division, department or plant have voted by secret ballot as provided in s. 111.05 (2) to constitute such group a separate bargaining unit they shall be so considered, but, in appropriate cases, and to aid in the more efficient administration of ss. 111.01 to 111.19, the commission may find, where agreeable to all parties affected in any way thereby, an industry, trade or business comprising more than one employer in an association in any geographical area to be a "collective bargaining unit". A collective bargaining unit thus established by the commission shall be subject to all rights by termination or modification given by ss. 111.01 to 111.19 in reference to collective bargaining units otherwise established under ss. 111.01 to 111.19. Two or more collective bargaining units may bargain collectively through the same representative where a majority of the employees in each separate unit have voted by secret ballot as provided in s. 111.05 (2) so to do.

AB75-SSA1, s. 2216j Section 2216j. 111.02 (6) (am) of the statutes is created to read:

AB75-SSA1,1185,6 111.02 (6) (am) "Employee" includes a day care provider certified under s. 48.651 and a day care provider licensed under s. 48.65 who provides care and supervision for not more than 8 children who are not related to the day care provider.

AB75-SSA1, s. 2216L Section 2216L. 111.02 (7) of the statutes is renumbered 111.02 (7) (a) (intro.) and amended to read:

AB75-SSA1,1185,10 111.02 (7) (a) (intro.) The term "employer" "Employer" means a person who engages the services of an employee, and includes any all of the following:

AB75-SSA1,1185,12 1. A person acting on behalf of an employer within the scope of his or her authority, express or implied, but shall.

AB75-SSA1,1185,13 (b) "Employer" does not include the any of the following:

AB75-SSA1,1185,15 1. Except as provided in par. (a) 4., the state or any political subdivision thereof, or any.

AB75-SSA1,1185,18 2. Any labor organization or anyone acting in behalf of such organization other than when it is acting as an employer in fact. For purposes of this subsection, a person who engages the services of an employee includes the

AB75-SSA1,1185,19 (a) 2. The University of Wisconsin Hospitals and Clinics Authority and a .

AB75-SSA1,1185,20 3. A local cultural arts district created under subch. V of ch. 229.

AB75-SSA1, s. 2216n Section 2216n. 111.02 (7) (a) 4. of the statutes is created to read:

AB75-SSA1,1185,24 111.02 (7) (a) 4. With respect to an employee under sub. (6) (am), the state, counties, and other administrative entities involved in regulation and subsidization of employees under sub. (6) (am).

AB75-SSA1, s. 2216p Section 2216p. 111.02 (7m) of the statutes is amended to read:

AB75-SSA1,1186,7 111.02 (7m) "Fair-share agreement" means an agreement between the University of Wisconsin Hospitals and Clinics Authority and a labor organization representing employees of that authority, or between an employer defined under sub. (7) (a) 4. and a labor organization representing employees under sub. (6) (am), under which all of the employees in a collective bargaining unit are required to pay their proportionate share of the cost of the collective bargaining process and contract administration measured by the amount of dues uniformly required of all members.

AB75-SSA1, s. 2216r Section 2216r. 111.02 (9m) of the statutes is renumbered 111.02 (9m) (intro.) and amended to read:

AB75-SSA1,1186,11 111.02 (9m) (intro.) "Maintenance of membership agreement" means an any of the following:

AB75-SSA1,1186,18 (a) An agreement between the University of Wisconsin Hospitals and Clinics Authority and a labor organization representing employees of that authority which requires that all of the employees whose dues are being deducted from earnings under s. 20.921 (1) or 111.06 (1) (i) at the time the agreement takes effect shall continue to have dues deducted for the duration of the agreement and that dues shall be deducted from the earnings of all employees who are hired on or after the effective date of the agreement.

AB75-SSA1, s. 2216t Section 2216t. 111.02 (9m) (b) of the statutes is created to read:

AB75-SSA1,1186,25 111.02 (9m) (b) An agreement between an employer under sub. (7) (a) 4. and a labor organization representing employees under sub. (6) (am) which requires that all of the employees whose dues are being deducted from earnings under s. 111.06 (1) (i) at the time the agreement takes effect shall continue to have dues deducted for the duration of the agreement and that dues shall be deducted from the earnings of all employees who are hired on or after the effective date of the agreement.

AB75-SSA1, s. 2216v Section 2216v. 111.02 (10m) of the statutes is amended to read:

AB75-SSA1,1187,7 111.02 (10m) "Referendum" means a proceeding conducted by the commission in which employees of the University of Wisconsin Hospitals and Clinics Authority in a collective bargaining unit or in which employees under sub. (6) (am) in a collective bargaining unit may cast a secret ballot on the question of directing the labor organization and the employer to enter into a fair-share or maintenance of membership agreement or to terminate such an agreement.

AB75-SSA1, s. 2216w Section 2216w. 111.05 (2) of the statutes is amended to read:

AB75-SSA1,1187,14 111.05 (2) Except as provided in sub. subs. (5) and (7), whenever a question arises concerning the determination of a collective bargaining unit as defined in s. 111.02 (3), it shall be determined by secret ballot, and the commission, upon request, shall cause the ballot to be taken in such manner as to show separately the wishes of the employees in any craft, division, department or plant as to the determination of the collective bargaining unit.

AB75-SSA1, s. 2216y Section 2216y. 111.05 (7) of the statutes is created to read:

AB75-SSA1,1187,17 111.05 (7) Employees under s. 111.02 (6) (am) shall comprise a single collective bargaining unit.

AB75-SSA1, s. 2216ym Section 2216ym. 111.322 (2m) (a) of the statutes, as affected by 2009 Wisconsin Act 3, is amended to read:

AB75-SSA1,1187,23 111.322 (2m) (a) The individual files a complaint or attempts to enforce any right under s. 103.02, 103.10, 103.13, 103.28, 103.32, 103.34, 103.455, 103.50, 104.12, 106.04, 109.03, 109.07, 109.075, or 146.997 or ss. 101.58 to 101.599 or 103.64 to 103.82.

AB75-SSA1, s. 2216z Section 2216z. 111.322 (2m) (b) of the statutes, as affected by 2009 Wisconsin Act 3, is amended to read:

AB75-SSA1,1188,4 111.322 (2m) (b) The individual testifies or assists in any action or proceeding held under or to enforce any right under s. 103.02, 103.10, 103.13, 103.28, 103.32, 103.34, 103.455, 103.50, 104.12, 106.04, 109.03, 109.07, 109.075, or 146.997 or ss. 101.58 to 101.599 or 103.64 to 103.82.

AB75-SSA1, s. 2217 Section 2217. 111.322 (2m) (c) of the statutes is amended to read:

AB75-SSA1,1188,8 111.322 (2m) (c) The individual files a complaint or attempts to enforce a right under s. 66.0903, 66.0904, 103.49, or 229.8275 or testifies or assists in any action or proceeding under s. 66.0903, 66.0904, 103.49, or 229.8275.

AB75-SSA1, s. 2217h Section 2217h. 111.327 of the statutes is created to read:

AB75-SSA1,1188,13 111.327 Construction contractors. Any employer described in s. 108.18 (2) (c) who willfully and with intent to evade any requirement of this subchapter misclassifies or attempts to misclassify an individual who is an employee of the employer as a nonemployee shall be fined $25,000 for each violation.

AB75-SSA1, s. 2220 Section 2220. 111.70 (1) (a) of the statutes, as affected by 2009 Wisconsin Act 15, is amended to read:

AB75-SSA1,1189,13 111.70 (1) (a) "Collective bargaining" means the performance of the mutual obligation of a municipal employer, through its officers and agents, and the representative of its municipal employees in a collective bargaining unit, to meet and confer at reasonable times, in good faith, with the intention of reaching an agreement, or to resolve questions arising under such an agreement, with respect to wages, hours and conditions of employment, and with respect to a requirement of the municipal employer for a municipal employee to perform law enforcement and fire fighting services under s. 61.66, except as provided in subs. (3m) , (3p), and (4) (m) and (mc) and s. 40.81 (3) and except that a municipal employer shall not meet and confer with respect to any proposal to diminish or abridge the rights guaranteed to municipal employees under ch. 164. The duty to bargain, however, does not compel either party to agree to a proposal or require the making of a concession. Collective bargaining includes the reduction of any agreement reached to a written and signed document. The municipal employer shall not be required to bargain on subjects reserved to management and direction of the governmental unit except insofar as the manner of exercise of such functions affects the wages, hours and conditions of employment of the municipal employees in a collective bargaining unit. In creating this subchapter the legislature recognizes that the municipal employer must exercise its powers and responsibilities to act for the government and good order of the jurisdiction which it serves, its commercial benefit and the health, safety and welfare of the public to assure orderly operations and functions within its jurisdiction, subject to those rights secured to municipal employees by the constitutions of this state and of the United States and by this subchapter.

AB75-SSA1, s. 2221 Section 2221. 111.70 (1) (b) of the statutes is amended to read:

AB75-SSA1,1189,18 111.70 (1) (b) "Collective bargaining unit" means a unit consisting of municipal employees who are school district professional employees or of municipal employees who are not school district professional employees that is determined by the commission to be appropriate for the purpose of collective bargaining.

AB75-SSA1, s. 2222 Section 2222. 111.70 (1) (dm) of the statutes is repealed.

AB75-SSA1, s. 2223 Section 2223. 111.70 (1) (fm) of the statutes is repealed.

AB75-SSA1, s. 2224 Section 2224. 111.70 (1) (nc) of the statutes is repealed.

AB75-SSA1, s. 2224s Section 2224s. 111.70 (1) (nd) of the statutes is created to read:

AB75-SSA1,1189,24 111.70 (1) (nd) "School district employee" means a municipal employee who is employed to perform services for a school district.

AB75-SSA1, s. 2225 Section 2225. 111.70 (1) (ne) of the statutes is repealed.

AB75-SSA1, s. 2225p Section 2225p. 111.70 (3p) of the statutes is created to read:

AB75-SSA1,1190,6 111.70 (3p) Child care provider services unit. A collective bargaining agreement that covers municipal employees performing services for the child care provider services unit under s. 49.826 shall contain a provision that permits the terms of the agreement to be modified with respect to hours and conditions of employment by a memorandum of understanding under s. 49.826 (3) (b) 4.

AB75-SSA1, s. 2226 Section 2226. 111.70 (4) (cm) 5. of the statutes is amended to read:

AB75-SSA1,1190,19 111.70 (4) (cm) 5. `Voluntary impasse resolution procedures.' In addition to the other impasse resolution procedures provided in this paragraph, a municipal employer and labor organization may at any time, as a permissive subject of bargaining, agree in writing to a dispute settlement procedure, including authorization for a strike by municipal employees or binding interest arbitration, which is acceptable to the parties for resolving an impasse over terms of any collective bargaining agreement under this subchapter. A copy of such agreement shall be filed by the parties with the commission. If the parties agree to any form of binding interest arbitration, the arbitrator shall give weight to the factors enumerated under subds. 7., and 7g. for a collective bargaining unit consisting of municipal employees who are not school district employees and under subd. 7r. for a collective bargaining unit consisting of municipal employees.

AB75-SSA1, s. 2227 Section 2227. 111.70 (4) (cm) 5s. of the statutes is amended to read:

AB75-SSA1,1192,16 111.70 (4) (cm) 5s. `Issues subject to arbitration.' In a collective bargaining unit consisting of that includes school district professional employees, the municipal employer or the labor organization may petition the commission to determine whether the municipal employer has submitted a qualified economic offer with respect to school district professional employees. The commission shall appoint an investigator for that purpose. If the investigator finds that the municipal employer has submitted such a qualified economic offer, the investigator shall determine whether a deadlock exists between the parties with respect to all economic issues affecting school district professional employees. If the municipal employer submits such a qualified economic offer applicable to any period beginning on or after July 1, 1993, no economic issues affecting school district professional employees are subject to interest arbitration under subd. 6. for that period, except that only the impact of contracting out or subcontracting work that would otherwise be performed by municipal employees in the collective bargaining unit is subject to interest arbitration under subd. 6. In such a collective bargaining unit, economic issues concerning the wages, hours or conditions of employment of the school district professional employees in the unit for any period prior to July 1, 1993, are subject to interest arbitration under subd. 6. for that period. In such a collective bargaining unit, noneconomic issues applicable to any period on or after July 1, 1993, are subject to interest arbitration after the parties have reached agreement and stipulate to agreement on all economic issues concerning the wages, hours or conditions of employment of the school district professional employees in the unit for that period. In such a collective bargaining unit, if the commission's investigator finds that the municipal employer has submitted a qualified economic offer with respect to school district professional employees and that a deadlock exists between the parties with respect to all economic issues affecting school district professional employees, the municipal employer may implement the qualified economic offer. On the 90th day prior to expiration of the period included within the qualified economic offer, if no agreement exists on that day, the parties are deemed to have stipulated to the inclusion in a new or revised collective bargaining agreement of all provisions of any predecessor collective bargaining agreement concerning economic issues affecting school district professional employees, or of all provisions of any existing collective bargaining agreement concerning these economic issues if the parties have reopened negotiations under an existing agreement, as modified by the terms of the qualified economic offer and as otherwise modified by the parties. In such a collective bargaining unit, on and after that 90th day, a municipal employer that refuses to bargain collectively with respect to the terms of that stipulation, applicable to the 90-day period prior to expiration of the period included within the qualified economic offer, does not violate sub. (3) (a) 4. Any such unilateral implementation after August 11, 1993, during the 90-day period prior to expiration of the period included within such a qualified economic offer, operates as a full, final and complete settlement of all economic issues affecting school district professional employees between the parties for the period included within the qualified economic offer. The failure of a labor organization to recognize the validity of such a lawful qualified economic offer does not affect the obligation of the municipal employer to submit economic issues to arbitration under subd. 6.

AB75-SSA1, s. 2227b Section 2227b. 111.70 (4) (cm) 5s. of the statutes, as affected by 2009 Wisconsin Act .... (this act), is repealed.

AB75-SSA1, s. 2228 Section 2228. 111.70 (4) (cm) 6. a. of the statutes is amended to read:

AB75-SSA1,1193,10 111.70 (4) (cm) 6. a. If in any collective bargaining unit a dispute relating to one or more issues, qualifying for interest arbitration under subd. 5s. in a collective bargaining unit to which subd. 5s. applies, has not been settled after a reasonable period of negotiation and after mediation by the commission under subd. 3. and other settlement procedures, if any, established by the parties have been exhausted, and the parties are deadlocked with respect to any dispute between them over wages, hours and conditions of employment to be included in a new collective bargaining agreement, either party, or the parties jointly, may petition the commission, in writing, to initiate compulsory, final and binding arbitration, as provided in this paragraph. At the time the petition is filed, the petitioning party shall submit in writing to the other party and the commission its preliminary final offer containing its latest proposals on all issues in dispute. Within 14 calendar days after the date of that submission, the other party shall submit in writing its preliminary final offer on all disputed issues to the petitioning party and the commission. If a petition is filed jointly, both parties shall exchange their preliminary final offers in writing and submit copies to the commission at the time the petition is filed.