AB40-ASA1, s. 2390i 22Section 2390i. 103.49 (2m) (b) 1. of the statutes is amended to read:
AB40-ASA1,959,423 103.49 (2m) (b) 1. The laborer, worker, mechanic, or truck driver is employed
24to go to the source of mineral aggregate such as sand, gravel, or stone that is to be
25immediately incorporated into the work, and not stockpiled or further transported

1by truck, pick up that mineral aggregate,
and deliver that mineral aggregate to the
2site of a project of public works that is subject to this section by depositing the
3material substantially in place, directly in final place, from the transporting vehicle
4or through spreaders from the transporting vehicle.
AB40-ASA1, s. 2390L 5Section 2390L. 103.49 (3) (ar) of the statutes is amended to read:
AB40-ASA1,959,146 103.49 (3) (ar) In determining prevailing wage rates under par. (a) or (am), the
7department may not use data from projects that are subject to this section, s. 66.0903,
866.0904, 103.50, or 229.8275, or 40 USC 3142 unless the department determines that
9there is insufficient wage data in the area to determine those prevailing wage rates,
10in which case the department may use data from projects that are subject to this
11section, s. 66.0903, 66.0904, 103.50, or 229.8275 , or 40 USC 3142. In determining
12prevailing wage rates under par. (a) or (am), the department may not use data from
13any construction work performed by a state agency or a local governmental unit, as
14defined in s. 66.0903 (1) (d).
AB40-ASA1, s. 2390m 15Section 2390m. 103.49 (3g) (a) of the statutes is amended to read:
AB40-ASA1,959,1816 103.49 (3g) (a) A single-trade project of public works for which the estimated
17project cost of completion is less than $25,000 $48,000 or a multiple-trade project of
18public works for which the estimated project cost of completion is less than $100,000
.
AB40-ASA1, s. 2390n 19Section 2390n. 103.49 (3g) (b) of the statutes is amended to read:
AB40-ASA1,959,2420 103.49 (3g) (b) A Work performed on a project of public works in which the
21labor for the project is provided by unpaid volunteers
for which the state or the state
22agency contracting for the project is not required to compensate any contractor,
23subcontractor, contractor's or subcontractor's agent, or individual for performing the
24work
.
AB40-ASA1, s. 2390p 25Section 2390p. 103.49 (3g) (f) of the statutes is created to read:
AB40-ASA1,960,1
1103.49 (3g) (f) A public highway, street, or bridge project.
AB40-ASA1, s. 2390q 2Section 2390q. 103.49 (3g) (g) of the statutes is created to read:
AB40-ASA1,960,53 103.49 (3g) (g) A project of public works involving the erection, construction,
4repair, remodeling, or demolition of a residential property containing 2 dwelling
5units or less.
AB40-ASA1, s. 2390r 6Section 2390r. 103.49 (3g) (h) of the statutes is created to read:
AB40-ASA1,960,117 103.49 (3g) (h) A road, street, bridge, sanitary sewer, or water main project that
8is a part of a development in which not less than 90 percent of the lots contain or will
9contain 2 dwelling units or less, as determined by the local governmental unit at the
10time of approval of the development, and that, on completion, is acquired by, or
11dedicated to, the state for ownership or maintenance by the state.
AB40-ASA1, s. 2390s 12Section 2390s. 103.49 (5) (am) of the statutes is repealed.
AB40-ASA1, s. 2390t 13Section 2390t. 103.49 (5) (c) of the statutes is amended to read:
AB40-ASA1,961,1514 103.49 (5) (c) If requested by any person, the department shall inspect the
15payroll records of any contractor, subcontractor, or agent performing work on a
16project of public works that is subject to this section as provided in this paragraph
17to ensure compliance with this section. In the case of a request made by a person
18performing the work specified in sub. (2m), if the department finds that the
19contractor, subcontractor, or agent subject to the inspection is in compliance and that
20the request is frivolous, the department shall charge the person making the request
21the actual cost of the inspection. In the case of a request made by a person not
22performing the work specified in sub. (2m), if the department finds that the
23contractor, subcontractor, or agent subject to the inspection is in compliance and that
24the request is frivolous, the department shall charge the person making the request
25$250 or the actual cost of the inspection, whichever is greater. In order to find that

1a request is frivolous, the department must find that the person making the request
2made the request in bad faith, solely for the purpose of harassing or maliciously
3injuring the contractor, subcontractor, or agent subject to the inspection, or that the
4person making the request knew, or should have known, that there was no
5reasonable basis for believing that a violation of this section had been committed.

6On receipt of such a request, the department shall request the contractor,
7subcontractor, or agent to submit to the department a certified record of the
8information specified in par. (a), other than personally identifiable information
9relating to an employee of the contractor, subcontractor, or agent, for no longer than
10a 4-week period. The department may request a contractor, subcontractor, or agent
11to submit those records no more than once per calendar quarter for each project of
12public works on which the contractor, subcontractor, or agent is performing work.
13The department may not charge a requester a fee for obtaining that information. The
14department shall make available for public inspection certified records submitted to
15the department under this paragraph.
AB40-ASA1, s. 2390v 16Section 2390v. 103.50 (2g) of the statutes is created to read:
AB40-ASA1,961,2117 103.50 (2g) Nonapplicability. This section does not apply to a single-trade
18project of public works, as defined in s. 103.49 (1) (em), for which the estimated
19project cost of completion is less than $48,000 or a multiple-trade project of public
20works, as defined in s. 103.49 (1) (br), for which the estimated project cost of
21completion is less than $100,000.
AB40-ASA1, s. 2390w 22Section 2390w. 103.50 (2m) (b) (intro.) of the statutes is amended to read:
AB40-ASA1,962,623 103.50 (2m) (b) (intro.) Notwithstanding par. (a) 1., a A laborer, worker,
24mechanic, or truck driver who is regularly employed to process, manufacture, pick
25up, or deliver materials or products from a commercial establishment that has a fixed

1place of business from which the establishment regularly supplies processed or
2manufactured materials or products or from a facility that is not dedicated
3exclusively, or nearly so, to a project that is subject to this section
is not entitled to
4receive the prevailing wage rate determined under sub. (3) or to receive at least 1.5
5times his or her hourly basic rate of pay for all hours worked in excess of the
6prevailing hours of labor unless any of the following applies:
AB40-ASA1, s. 2390x 7Section 2390x. 103.50 (2m) (b) 1. of the statutes is amended to read:
AB40-ASA1,962,148 103.50 (2m) (b) 1. The laborer, worker, mechanic or truck driver is employed
9to go to the source of mineral aggregate such as sand, gravel or stone that is to be
10immediately incorporated into the work, and not stockpiled or further transported
11by truck, pick up that mineral aggregate
and deliver that mineral aggregate to the
12site of a project that is subject to this section by depositing the material substantially
13in place,
directly in final place, from transporting the vehicle or through spreaders
14from the transporting vehicle.
AB40-ASA1, s. 2390z 15Section 2390z. 103.50 (4) of the statutes is amended to read:
AB40-ASA1,963,216 103.50 (4) Certification of prevailing wage rates. The department of
17workforce development shall, by May 1 of each year, certify to the department of
18transportation the prevailing wage rates in each area for all trades or occupations
19commonly employed in the highway construction industry. The certification shall,
20in addition to the current prevailing wage rates, include future prevailing wage rates
21when such prevailing wage rates can be determined for any such trade or occupation
22in any area and shall specify the effective date of those future prevailing wage rates.
23The certification shall also include wage rates for work performed on Sundays or the
24holidays specified in s. 103.49 (1) (c) and shift differentials based on the time of day
25or night when work is performed.
If a construction project extends into more than

1one area there shall be but one standard of prevailing wage rates for the entire
2project.
AB40-ASA1, s. 2390zb 3Section 2390zb. 103.50 (4m) of the statutes is amended to read:
AB40-ASA1,963,94 103.50 (4m) Wage rate data. In determining prevailing wage rates for projects
5that are subject to this section, the department shall use data from projects that are
6subject to this section, s. 66.0903, 66.0904, or 103.49, or 40 USC 3142. In determining
7prevailing wage rates for those projects, the department may not use data from any
8construction work that is performed by a state agency or a local governmental unit,
9as defined in s. 66.0903 (1) (d).
AB40-ASA1, s. 2390zc 10Section 2390zc. 103.503 (title) of the statutes is amended to read:
AB40-ASA1,963,12 11103.503 (title) Substance abuse prevention on public works and
12publicly funded
projects.
AB40-ASA1, s. 2390zd 13Section 2390zd. 103.503 (1) (a) of the statutes is amended to read:
AB40-ASA1,963,1814 103.503 (1) (a) "Accident" means an incident caused, contributed to, or
15otherwise involving an employee that resulted or could have resulted in death,
16personal injury, or property damage and that occurred while the employee was
17performing the work described in s. 66.0903 (4), 66.0904 (3), or 103.49 (2m) on a
18project.
AB40-ASA1, s. 2390ze 19Section 2390ze. 103.503 (1) (c) of the statutes is amended to read:
AB40-ASA1,963,2320 103.503 (1) (c) "Contracting agency" means a local governmental unit, as
21defined in s. 66.0903 (1) (d), or a state agency, as defined in s. 103.49 (1) (f), or an
22owner or developer under s. 66.0904
that has contracted for the performance of work
23on a project.
AB40-ASA1, s. 2390zf 24Section 2390zf. 103.503 (1) (e) of the statutes is amended to read:
AB40-ASA1,964,3
1103.503 (1) (e) "Employee" means a laborer, worker, mechanic, or truck driver
2who performs the work described in s. 66.0903 (4), 66.0904 (3), or 103.49 (2m) on a
3project.
AB40-ASA1, s. 2390zg 4Section 2390zg. 103.503 (1) (g) of the statutes is amended to read:
AB40-ASA1,964,75 103.503 (1) (g) "Project" mean means a project of public works that is subject
6to s. 66.0903 or 103.49 or a publicly funded private construction project that is subject
7to s. 66.0904
.
AB40-ASA1, s. 2390zh 8Section 2390zh. 103.503 (2) of the statutes is amended to read:
AB40-ASA1,964,159 103.503 (2) Substance abuse prohibited. No employee may use, possess,
10attempt to possess, distribute, deliver, or be under the influence of a drug, or use or
11be under the influence of alcohol, while performing the work described in s. 66.0903
12(4), 66.0904 (3), or 103.49 (2m) on a project. An employee is considered to be under
13the influence of alcohol for purposes of this subsection if he or she has an alcohol
14concentration that is equal to or greater than the amount specified in s. 885.235 (1g)
15(d).
AB40-ASA1, s. 2390zhi 16Section 2390zhi. 103.503 (3) (a) 2. of the statutes is amended to read:
AB40-ASA1,964,2317 103.503 (3) (a) 2. A requirement that employees performing the work described
18in s. 66.0903 (4), 66.0904 (3), or 103.49 (2m) on a project submit to random,
19reasonable suspicion, and post-accident drug and alcohol testing and to drug and
20alcohol testing before commencing work on a project, except that testing of an
21employee before commencing work on a project is not required if the employee has
22been participating in a random testing program during the 90 days preceding the
23date on which the employee commenced work on the project.
AB40-ASA1, s. 2390zk 24Section 2390zk. 103.65 (2) of the statutes is amended to read:
AB40-ASA1,965,4
1103.65 (2) No minor shall under 16 years of age may be employed or permitted
2to work at any employment for such hours of the day or week, or for such days of the
3week, or at such periods of the day as shall may be dangerous or prejudicial to the
4life, health, safety, or welfare of such the minor.
AB40-ASA1, s. 2390zL 5Section 2390zL. 103.66 (2) of the statutes is amended to read:
AB40-ASA1,965,206 103.66 (2) The department may investigate and fix reasonable classifications
7of employments and hours of employment for minors under 16 years of age and may
8issue general or special orders fixing for those minors maximum hours of
9employment for minors per day and per week, maximum days of employment per
10week, hours at which employment shall may begin and end, and the duration of
11lunch and other rest periods as are necessary to protect the life, health, safety, and
12welfare of those minors. For minors under 16 years of age, the department may not
13fix hours of employment that exceed the maximum hours per day and per week
14specified in s. 103.68 (2) (a) and (b), that exceed the maximum days per week specified
15in s. 103.68 (2) (c), or that begin earlier or end later than the hours specified in s.
16103.68 (2) (d) and (e). For minors 16 years of age or over, the department may fix the
17duration of lunch and other rest periods, but may not limit hours of employment or
18issue general or special orders fixing maximum hours of employment per day or per
19week, maximum days of employment per week, or hours at which employment may
20begin and end.
AB40-ASA1, s. 2390zm 21Section 2390zm. 103.68 (1) of the statutes is amended to read:
AB40-ASA1,966,222 103.68 (1) No minor shall may be employed or permitted to work at any gainful
23occupation other than domestic service, farm labor, or service as an election inspector
24under s. 7.30 (2) (am) for more than 8 hours in any one day nor more than 40 hours

1nor more than 6 days in any one week, nor
during such hours as the minor is required
2under s. 118.15 to attend school.
AB40-ASA1, s. 2390zn 3Section 2390zn. 103.68 (2) of the statutes is renumbered 103.68 (2) (intro.)
4and amended to read:
AB40-ASA1,966,95 103.68 (2) (intro.) No minor under 16 shall years of age may be employed or
6permitted to work in any gainful occupation, other than domestic service or farm
7labor more than 24 hours in any one week, nor, except
in domestic service, farm labor,
8or in public exhibitions, as defined provided in s. 103.78, or in street trades as defined
9in s. 103.21, before 7 a.m. nor after 6 p.m.
as follows:
AB40-ASA1, s. 2390zp 10Section 2390zp. 103.68 (2) (a) to (e) of the statutes are created to read:
AB40-ASA1,966,1211 103.68 (2) (a) For more than 3 hours on a school day or 8 hours on a nonschool
12day.
AB40-ASA1,966,1313 (b) For more than 18 hours in a school week or 40 hours in a nonschool week.
AB40-ASA1,966,1414 (c) For more than 6 days in a week.
AB40-ASA1,966,1515 (d) Before 7:00 a.m. or after 7:00 p.m. from the day after Labor Day to May 31.
AB40-ASA1,966,1616 (e) Before 7:00 a.m. or after 9:00 p.m. from June 1 to Labor Day.
AB40-ASA1, s. 2390zr 17Section 2390zr. 104.001 (3) (am) of the statutes is repealed.
AB40-ASA1, s. 2391 18Section 2391. 106.14 (2) of the statutes is amended to read:
AB40-ASA1,966,2219 106.14 (2) The department shall publicize and maintain on its job center Web
20site information related to the job programs under ss. program under s. 49.147 (3)
21and 49.162 so that employers and individuals seeking employment may obtain
22information about the programs program, including how to participate in them it.
AB40-ASA1, s. 2392 23Section 2392. 106.15 (3) (intro.) of the statutes is amended to read:
AB40-ASA1,967,224 106.15 (3) Grants. (intro.) From the appropriations appropriation under s.
2520.445 (1) (bc), (jm), and (m), the department shall make grants to persons providing

1employment and training activities to dislocated workers including all of the
2following:
AB40-ASA1, s. 2393 3Section 2393. 106.16 (3) of the statutes is amended to read:
AB40-ASA1,967,64 106.16 (3) A state agency or an authority under ch. 231 or 234 shall notify the
5department of commerce Wisconsin Economic Development Corporation if it makes
6a loan or grant to a company.
AB40-ASA1, s. 2394 7Section 2394. 106.20 (1) (e) of the statutes is amended to read:
AB40-ASA1,967,98 106.20 (1) (e) "Minority business" has the meaning given in s. 560.036 16.287
9(1) (e).
AB40-ASA1, s. 2395 10Section 2395. 106.30 (2) of the statutes is amended to read:
AB40-ASA1,967,1711 106.30 (2) Survey form. Each odd-numbered year, the department of
12workforce development shall develop and submit to the department of regulation
13and licensing
safety and professional services a survey form to gather data under s.
14441.01 (7) (a) 1. to assist the department of workforce development in evaluating the
15supply of, demand for, and turnover among nurses in this state and in determining
16whether there are any regional shortages of nurses, shortages of nurses in any
17speciality areas, or impediments to entering the nursing profession in this state.
AB40-ASA1, s. 2396 18Section 2396. 106.30 (5) (a) of the statutes is amended to read:
AB40-ASA1,968,319 106.30 (5) (a) From the appropriation account under s. 20.445 (1) (km), the
20department of workforce development shall award grants equal to the amount
21appropriated under s. 20.445 (1) (km) minus the amount expended under sub. (4) to
22a nonprofit statewide nursing center that is comprised of and led by nurses and that
23has demonstrated coordination with constituent groups within the nursing
24community, including professional nursing organizations; organizations
25representing nurse educators, staff nurses, and nurse managers or executives; labor

1organizations representing nurses; the department of regulation and licensing
2safety and professional services; the department of health services; and legislators
3who are concerned with issues affecting the nursing profession.
AB40-ASA1, s. 2397 4Section 2397. 106.30 (5) (b) of the statutes is amended to read:
AB40-ASA1,968,195 106.30 (5) (b) A statewide nursing center that receives a grant under par. (a)
6shall use the grant moneys to develop strategies to ensure that there is a nursing
7workforce that is adequate to meet the current and future health care needs of this
8state. The statewide nursing center may use those moneys to fund activities that are
9aimed at ensuring such a nursing workforce, including monitoring trends in the
10applicant pool for nursing education programs; evaluating the effectiveness of
11nursing education programs in increasing access to those programs and in
12enhancing career mobility for nurses, especially for populations that are
13underrepresented in the nursing profession; and facilitating partnerships between
14the nursing community and other health care providers, the department of
15regulation and licensing safety and professional services, the business community,
16the legislature, and educators to promote diversity within the nursing profession,
17enhance career mobility and leadership development for nurses, and achieve
18consensus regarding policies aimed at ensuring an adequate nursing workforce in
19this state.
AB40-ASA1, s. 2398 20Section 2398. 106.50 (6) (a) 3. of the statutes is amended to read:
AB40-ASA1,968,2521 106.50 (6) (a) 3. The complaint may be filed by an aggrieved person, by an
22interested person, by the department of workforce development under par. (b) or, if
23the complaint charges a violation of sub. (2r) (c), by the department of commerce
24safety and professional services. The department of workforce development shall,
25upon request, provide appropriate assistance in completing and filing complaints.
AB40-ASA1, s. 2399
1Section 2399. 106.50 (6) (b) of the statutes is amended to read:
AB40-ASA1,969,142 106.50 (6) (b) Powers and duties of department. The department of workforce
3development and its duly authorized agents may hold hearings, subpoena witnesses,
4take testimony and make investigations as provided in this subsection. The
5department of workforce development may test and investigate for the purpose of
6establishing violations of sub. (2), (2m) or (2r) and may make, sign and file
7complaints alleging violations of sub. (2), (2m) or (2r). In addition, the department
8of commerce safety and professional services may make, sign and file complaints
9alleging violations of sub. (2r) (c). The department of workforce development shall
10employ examiners to hear and decide complaints of discrimination under this
11section, and to assist in the administration of this section. The examiners may make
12findings and issue orders under this subsection. The department of workforce
13development shall develop and implement an investigation manual for use in
14conducting investigations under par. (c).
AB40-ASA1, s. 2400 15Section 2400. 107.30 (4) of the statutes is amended to read:
AB40-ASA1,969,1716 107.30 (4) "Department" means the department of commerce safety and
17professional services
.
AB40-ASA1, s. 2401 18Section 2401. 107.30 (10) of the statutes is amended to read:
AB40-ASA1,969,2019 107.30 (10) "Mining damage appropriation" means the appropriation under s.
2020.143 (3) 20.165 (2) (a).
AB40-ASA1, s. 2402 21Section 2402. 107.31 (5) (a) (intro.) of the statutes is amended to read:
AB40-ASA1,969,2522 107.31 (5) (a) Calculation. (intro.) The mining damage reserve accumulation
23is calculated by subtracting the total amount of all mining damages awards paid
24from the appropriation under s. 20.445 (4) (a), 2001 stats., beginning on May 22, 1980
25or paid from the appropriation under s. 20.143 (3) 20.165 (2) (a) from the sum of:
AB40-ASA1, s. 2403
1Section 2403. 108.02 (21e) (intro.) of the statutes is amended to read:
AB40-ASA1,970,92 108.02 (21e) Professional employer organization. (intro.) "Professional
3employer organization" means any person who is currently registered as a
4professional employer organization with the department of regulation and licensing
5safety and professional services in accordance with ch. 461, who contracts to provide
6the nontemporary, ongoing employee workforce of more than one client under a
7written leasing contract, the majority of whose clients are not under the same
8ownership, management, or control as the person other than through the terms of
9the contract, and who under contract and in fact:
AB40-ASA1, s. 2403e 10Section 2403e. 108.02 (26m) of the statutes is created to read:
AB40-ASA1,970,1311 108.02 (26m) Waiting period. "Waiting period" means any period of time under
12s. 108.04 (3) for which no benefits are payable to a claimant as a condition precedent
13to receipt of benefits.
AB40-ASA1, s. 2403m 14Section 2403m. 108.04 (1) (c) of the statutes is created to read:
AB40-ASA1,970,2215 108.04 (1) (c) If a claimant fails or refuses to take a test for the presence of
16illegal drugs that is required by the claimant's employer or a prospective employer
17as a condition of employment, the employer shall report the failure or refusal to the
18department. The department shall retain the information received from employers
19under this paragraph for the purpose of determining eligibility for benefits. A
20claimant is ineligible to receive benefits for a period of 52 weeks after the week in
21which the department receives a report of the claimant's failure or refusal under this
22paragraph. This paragraph applies to the extent permitted under federal law.
AB40-ASA1, s. 2403s 23Section 2403s. 108.04 (3) of the statutes is created to read:
AB40-ASA1,971,3
1108.04 (3) Waiting period. The first week of a claimant's benefit year for which
2the claimant has timely applied and is otherwise eligible for regular benefits under
3this chapter is the claimant's waiting period for that benefit year.
AB40-ASA1, s. 2403w 4Section 2403w. 108.06 (1) of the statutes is amended to read:
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