LRB-5138/1
MPG&MED:cjs/wlj/klm
2021 - 2022 LEGISLATURE
October 29, 2021 - Introduced by Representatives Krug, Mursau, Edming,
Callahan, Swearingen, Behnke, Spiros, Snyder, Moses, Rozar, Shankland,
B. Meyers and Spreitzer, cosponsored by Senator Bewley. Referred to
Committee on Forestry, Parks and Outdoor Recreation.
AB682,1,7
1An Act to amend 103.503 (title), 103.503 (1) (a), 103.503 (1) (c), 103.503 (1) (e),
2103.503 (1) (f), 103.503 (1) (h), 103.503 (1) (i), 103.503 (2), 103.503 (3) (a) (intro.),
32. and 3., 103.503 (4) (a) (intro.) and 103.503 (4m) (b); and
to create 103.503
4(1) (k) and 103.503 (6) and (7) of the statutes;
relating to: grant related to the
5Verso Paper Mill in the city of Wisconsin Rapids, loan guarantee related to the
6Park Falls Pulp and Paper Mill in the city of Park Falls, substance abuse
7prevention on certain public projects, and granting rule-making authority.
Analysis by the Legislative Reference Bureau
Paper mills; grant and loan guarantee
This bill authorizes the Wisconsin Economic Development Corporation award
a grant of up to $1,000,000 to an eligible recipient to maintain operations at the Verso
Paper Mill in the city of Wisconsin Rapids. The grant is to be upon the terms and
conditions determined by WEDC, and WEDC may award the grant only as approved
or modified by the Joint Committee on Finance.
The bill also authorizes WEDC to issue a loan guarantee of up to $15,000,000
to an eligible borrower to purchase or make infrastructure improvements to the Park
Falls Pulp and Paper Mill in the city of Park Falls. The loan guarantee is to be upon
the terms and conditions determined by WEDC, and WEDC may issue the loan
guarantee only as approved or modified by the Joint Committee on Finance.
Substance abuse on transportation and public utility projects
With certain exceptions, current law prohibits employees from using,
possessing, attempting to possess, distributing, delivering, or being under the
influence of a drug, or from using or being under the influence of alcohol, while
performing certain work on certain projects of public works or public utility projects
and requires that, before an employer may commence work on a qualifying project
of public works or a public utility project, the employer have in place a written
employee substance abuse program.
This bill does the following:
1. Applies the substance abuse prevention requirements under current law to
all transportation projects for the construction or reconstruction of any road or bridge
performed under contract for a local governmental unit.
2. Provides that a public utility, for purposes of determining which projects
qualify as public utility projects under the substance abuse prevention program,
includes an owner of fiber optics, broadband, or cable.
3. Requires an employer that performs work on a transportation project or
public utility project, if the cost of the contract to perform the work is more than
$25,000, to either a) certify its compliance with the substance abuse prevention
requirements annually on forms and in a manner prescribed by the Department of
Workforce Development; or b) certify, on a per-contract basis, with the contracting
agency for the project and file the employer's substance abuse prevention program
with the contracting agency. The bill prohibits an employer that is required to certify
from commencing work on a covered project until the employer is in compliance.
4. Requires DWD to do all of the following:
a. Promulgate rules to implement the certification requirements created under
the bill for employers that choose to file annually with DWD their substance abuse
prevention programs.
b. Send by mail to businesses an annual notice describing the certification
requirements created under the bill.
c. Maintain a list of employers that have certified with DWD.
d. Promulgate rules to establish penalties, to be assessed by DWD, for repeat
violations of the certification requirements created under the bill and for cases in
which an accident that resulted in a federally reportable injury or illness occurred
or reportable property damage occurred while an employer was not in compliance
with the certification requirements created under the bill.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB682,1
1Section 1
. 103.503 (title) of the statutes is amended to read:
AB682,3,2
1103.503 (title)
Substance abuse prevention on public works and public
2utility certain projects
; certification.
AB682,2
3Section 2
. 103.503 (1) (a) of the statutes is amended to read:
AB682,3,94
103.503
(1) (a) “Accident" means an incident caused, contributed to, or
5otherwise involving an employee that resulted or could have resulted in death,
6personal injury, or property damage and that occurred while the employee was
7performing the work described in s. 66.0903 (4), 2013 stats., or s. 16.856 (2m), 2015
8stats., on a project of public works
or transportation project or while the employee
9was performing work on a public utility project.
AB682,3
10Section 3
. 103.503 (1) (c) of the statutes is amended to read:
AB682,3,1411
103.503
(1) (c) “Contracting agency" means a local governmental unit or a state
12agency that has contracted for the performance of work on a project of public works
13or transportation project or a public utility that has contracted for the performance
14of work on a public utility project.
AB682,4
15Section 4
. 103.503 (1) (e) of the statutes is amended to read:
AB682,3,1916
103.503
(1) (e) “Employee" means a laborer, worker, mechanic, or truck driver
17who performs the work described in s. 66.0903 (4), 2013 stats., or s. 16.856 (2m), 2015
18stats., on a project of public works
, on a transportation project, or on a public utility
19project.
AB682,5
20Section 5
. 103.503 (1) (f) of the statutes is amended to read:
AB682,3,2321
103.503
(1) (f) “Employer" means a contractor, subcontractor, or agent of a
22contractor or subcontractor that performs work on a project of public works
, on a
23transportation project, or on a public utility project.
AB682,6
24Section 6
. 103.503 (1) (h) of the statutes is amended to read:
AB682,4,6
1103.503
(1) (h) “Public utility" has the meaning given in s. 196.01 (5) and
2includes a telecommunications carrier, as defined in s. 196.01 (8m), an alternative
3telecommunications utility, as defined in s. 196.01 (1d),
an owner of fiber optics,
4broadband, or cable, or, for purposes of subs. (2) and (4), a cooperative association
5organized under ch. 185 for the purpose of producing or furnishing heat, light, power,
6or water to its members only.
AB682,7
7Section 7
. 103.503 (1) (i) of the statutes is amended to read:
AB682,4,138
103.503
(1) (i) “Public utility project" means a project erected, constructed,
9repaired, remodeled, or demolished for a public utility on a public right-of-way. For
10purposes of
sub. subs. (3)
, (6), and (7), “public utility project" does not include a
11project erected, constructed, repaired, remodeled, or demolished for a cooperative
12association organized under ch. 185 for the purpose of producing or furnishing heat,
13light, power, or water to its members only.
AB682,8
14Section 8
. 103.503 (1) (k) of the statutes is created to read:
AB682,4,1715
103.503
(1) (k) “Transportation project” means the construction or
16reconstruction of any road or bridge performed under a contract entered into by a
17local governmental unit.
AB682,9
18Section 9
. 103.503 (2) of the statutes is amended to read:
AB682,5,219
103.503
(2) Substance abuse prohibited. No employee may use, possess,
20attempt to possess, distribute, deliver, or be under the influence of a drug, or use or
21be under the influence of alcohol, while performing the work described in s. 66.0903
22(4), 2013 stats., or s. 16.856 (2m), 2015 stats., on a project of public works
or a
23transportation project or while performing work on a public utility project. An
24employee is considered to be under the influence of alcohol for purposes of this
1subsection if he or she has an alcohol concentration that is equal to or greater than
2the amount specified in s. 885.235 (1g) (d).
AB682,10
3Section 10
. 103.503 (3) (a) (intro.), 2. and 3. of the statutes are amended to
4read:
AB682,5,85
103.503
(3) (a) (intro.) Before an employer may commence work on a project of
6public works
, a transportation project, or a public utility project, the employer shall
7have in place a written program for the prevention of substance abuse among its
8employees. At a minimum, the program shall include all of the following:
AB682,5,169
2. A requirement that employees performing the work described in s. 66.0903
10(4), 2013 stats., or s. 16.856 (2m), 2015 stats., on a project of public works
or a
11transportation project or performing work on a public utility project submit to
12random, reasonable suspicion, and post-accident drug and alcohol testing and to
13drug and alcohol testing before commencing work on the project, except that testing
14of an employee before commencing work on a project is not required if the employee
15has been participating in a random testing program during the 90 days preceding the
16date on which the employee commenced work on the project.
AB682,5,2117
3. A procedure for notifying an employee who violates sub. (2), who tests
18positive for the presence of a drug in his or her system, or who refuses to submit to
19drug or alcohol testing as required under the program that the employee may not
20perform work on a project of public works
, a transportation project, or a public utility
21project until he or she meets the conditions specified in sub. (4) (b) 1. and 2.
AB682,11
22Section 11
. 103.503 (4) (a) (intro.) of the statutes is amended to read:
AB682,6,423
103.503
(4) (a) (intro.) No employer may permit an employee who violates sub.
24(2), who tests positive for the presence of a drug in his or her system, or who refuses
25to submit to drug or alcohol testing as required under the employer's substance abuse
1prevention program under sub. (3) to perform work on a project of public works
, a
2transportation project, or a public utility project until he or she meets the conditions
3specified in par. (b) 1. and 2. An employer shall immediately remove an employee
4from work on such a project if any of the following occurs:
AB682,12
5Section 12
. 103.503 (4m) (b) of the statutes is amended to read:
AB682,6,96
103.503
(4m) (b)
Subsection
Subsections (3)
does, (6), and (7) do not apply to
7an employer that performs work on a public utility project for a cooperative
8association organized under ch. 185 for the purpose of producing or furnishing heat,
9light, power, or water to its members only.
AB682,13
10Section 13
. 103.503 (6) and (7) of the statutes are created to read:
AB682,6,1311
103.503
(6) Certification. (a) This subsection applies only with respect to an
12employer that performs work on a transportation project or public utility project if
13the cost of the contract to perform the work is more than $25,000.
AB682,6,1514
(b) 1. An employer that performs work as described in par. (a) shall do one of
15the following:
AB682,6,1716
a. Certify its compliance with the requirements under this section annually on
17forms and in a manner prescribed by the department.
AB682,6,2118
b. Certify, on a per-contract basis, with the contracting agency for the project.
19If the employer certifies on a per-contract basis as provided in this subd. 1. b., the
20employer shall, prior to commencing work on the project, file the employer's program
21under sub. (3) with the contracting agency.
AB682,6,2222
2. No fee shall be required for a certification under subd. 1. a. or b.
AB682,6,2323
(c) The department shall do all of the following:
AB682,6,2524
1. Promulgate rules to implement par. (b) 1. a. The rules shall not apply to an
25employer that certifies on a per-contract basis as provided in par. (b) 1. b.
AB682,7,1
12. Promulgate rules to determine all of the following:
AB682,7,52
a. Penalties for a failure to comply with the certification requirement under
3par. (b) 1. The rules shall, except as provided in subd. 2. b., provide for a warning for
4a first violation of the certification requirement under par. (b) 1. and may provide
5penalties only for repeated violations.
AB682,7,96
b. Penalties for a failure to comply with the certification requirement under
7par. (b) 1. if an accident that results in a reportable injury or illness under
29 CFR
81904 or reportable property damage occurs while the employer was not so certified.
9A penalty under this subd. 2. b. may not exceed $25,000.
AB682,7,1210
3. Send an annual notice by mail to any business that has performed work on
11a transportation project or public utility project and to any other contractor likely to
12bid on such projects describing the certification requirements under this subsection.
AB682,7,1413
4. Maintain a list of all employers certified under par. (b) 1. a. that is easily
14accessible by the public.
AB682,7,1815
(d) An employer that is subject to the certification requirement under par. (b)
16and that has not complied with that requirement may not commence work on a
17project for which the employer's contract is subject to par. (a) until the employer is
18in compliance.
AB682,7,20
19(7) Penalties. In addition to any other penalties provided under this chapter,
20the department shall do all of the following:
AB682,7,2221
(a) Assess a penalty for repeat violations of the certification requirement under
22sub. (6) (b), in accordance with the rules promulgated under sub. (6) (c) 2. a.