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Bills · 2017-2018 Regular Session

AB 748

Became law Official bill text Atom feed

Relating to: preventing the state or local governments from requiring any person to accept certain collective bargaining provisions or waive its rights under the National Labor Relations Act or state labor law; prohibiting local regulation of employee hours and overtime, employment benefits, wage claims and collections, an employer's right to solicit salary information of prospective employees, employment discrimination, and professions regulated by the state; and providing a criminal penalty. (FE)

Collective bargaining Discrimination in employment Disease Employment Extraordinary session, 2018 — March Hours of labor Housing Labor Municipality Ordinance Trades and occupations Wage Wage — Minimum

  1. Introduced, completed
  2. Passes Assembly, completed
  3. Passes Senate, completed
  4. Governor signs, completed
  5. Law, completed

Unfamiliar terms? Glossary

What this bill does

Plain-language analysis by the nonpartisan Legislative Reference Bureau

This bill preempts local governments from enacting or enforcing ordinances

related to various employment matters.

Under current constitutional and statutory home rule provisions, a city or

village may determine its own local affairs subject only to the Wisconsin Constitution

and to any enactment of the legislature that is of statewide concern and that affects

every city or village with uniformity. This bill states that all of the following matters

are matters of statewide concern requiring uniform enforcement at the state, county,

and municipal levels:

1. Regulations related to employment discrimination.

2. Regulations related to wage claims and collections.

3. Regulation of employee hours and overtime, including scheduling of

employee work hours or shifts.

4. The employment benefits an employer may be required to provide to its

employees.

5. An employer's right to solicit information regarding the salary history of

prospective employees.

As such, the bill prohibits any city, village, town, or county (political

subdivision) from enacting or enforcing an ordinance regarding any of those matters.

Under current law, a political subdivision generally may not enact and

administer an ordinance establishing a minimum wage. Current law, however,

exempts from that prohibition an ordinance that requires a different minimum wage

rate for 1) an employee of a political subdivision; 2) an employee who performs work

under a contract for the provision of services to a political subdivision; or 3) an

employee who performs work that is funded by financial assistance from a political

subdivision. The bill eliminates those exemptions.

The bill also prohibits a political subdivision from imposing an occupational

licensing requirement on an individual, to whom a state government occupational

licensing requirement applies, which is more stringent than the state requirement.

Under the bill, neither the state nor a local governmental unit may enact a

statute or ordinance, adopt a policy or regulation, or impose a contract, zoning,

permitting, or licensing requirement, or any other condition, that would require any

person to accept any provision that is a subject of collective bargaining under state

or federal labor laws. The bill defines federal labor laws as the National Labor

Relations Act. Finally, the bill prohibits the state and local governments, and their

employees, from requiring any person to waive the person's rights under state or

federal labor laws as a condition of any other approval by the state or local

governmental unit, and violators of that provision would be subject to the penalties

that apply to a Class A misdemeanor, which is a fine not to exceed $10,000 or

imprisonment not to exceed 9 months, or both.

What it would cost

Fiscal estimates filed by state agencies, as official PDFs

Sponsors

Introduced by: Brandtjen (R) , Horlacher (R) , Hutton (R) , Jacque (R) , Katsma (R) , Knodl (R) , Kremer (R) , Kuglitsch (R) , R. Brooks (R) , Rohrkaste (R) , Sanfelippo (R) , Schraa (R) , Tusler (R) , Wichgers (R)

7 cosponsors

Allen (R) , Born (R) , Craig (R) , Gundrum (R) , Kapenga (R) , Steffen (R) , Stroebel (R)

Votes

Assembly: Report Assembly Amendment 1 adoption recommended by Committee on Local Government, Ayes 9, Noes 0

Passed 9–0 Feb 20, 2018 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Assembly: Report passage as amended recommended by Committee on Local Government, Ayes 6, Noes 3

Passed 6–3 Feb 20, 2018 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Assembly: Assembly Amendment 2 laid on table, Ayes 59, Noes 34

Passed 59–34 Feb 22, 2018 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Assembly: Assembly Amendment 3 laid on table, Ayes 59, Noes 34

Passed 59–34 Feb 22, 2018 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Assembly: PASSAGE

Passed 58–32 Feb 22, 2018 official source full page

Aye · 58

Senate: Public hearing requirement waived by committee on Senate Organization, pursuant to Senate Rule 18 (1m), Ayes 3, Noes 2

Passed 3–2 Mar 15, 2018 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Senate: Senate Amendment 2 rejected, Ayes 17, Noes 14

Passed 17–14 Mar 20, 2018 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Senate: CONCURRENCE

Passed 18–14 Mar 20, 2018 official source full page

Assembly: Assembly Amendment 1 to Senate Amendment 1 laid on table, Ayes 57, Noes 33

Passed 57–33 Mar 22, 2018 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Assembly: Assembly Amendment 2 to Senate Amendment 1 laid on table, Ayes 56, Noes 34

Passed 56–34 Mar 22, 2018 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Full history

  1. Dec 19, 2017 · Assembly

    Introduced by Representatives Hutton, Rohrkaste, R. Brooks, Knodl, Kremer, Kuglitsch, Sanfelippo, Jacque, Katsma, Schraa, Brandtjen, Wichgers, Tusler and Horlacher; cosponsored by Senators Kapenga, Craig and Stroebel

  2. Dec 19, 2017 · Assembly

    Read first time and referred to Committee on Local Government

  3. Dec 28, 2017 · Assembly

    Fiscal estimate received

  4. Jan 3, 2018 · Assembly

    Fiscal estimate received

  5. Jan 4, 2018 · Assembly

    Fiscal estimate received

  6. Jan 11, 2018 · Assembly

    Fiscal estimate received

  7. Jan 17, 2018 · Assembly

    Representative Steffen added as a coauthor

  8. Jan 23, 2018 · Assembly

    Fiscal estimate received

  9. Jan 30, 2018 · Assembly

    Representative Allen added as a coauthor

  10. Feb 7, 2018 · Assembly

    Public hearing held

  11. Feb 8, 2018 · Assembly

    Fiscal estimate received

  12. Feb 8, 2018 · Assembly

    Representative Gundrum added as a coauthor

  13. Feb 15, 2018 · Assembly

    Representative Born added as a coauthor

  14. Feb 16, 2018 · Assembly

    Assembly Amendment 1 offered by Representative Hutton

  15. Feb 20, 2018 · Assembly

    Executive action taken

  16. Feb 20, 2018 · Assembly

    Report Assembly Amendment 1 adoption recommended by Committee on Local Government, Ayes 9, Noes 0

  17. Feb 20, 2018 · Assembly

    Report passage as amended recommended by Committee on Local Government, Ayes 6, Noes 3

  18. Feb 20, 2018 · Assembly

    Referred to committee on Rules

  19. Feb 20, 2018 · Assembly

    Made a special order of business at 1:11 PM on 2-22-2018 pursuant to Assembly Resolution 27

  20. Feb 22, 2018 · Assembly

    Read a second time

  21. Feb 22, 2018 · Assembly

    Assembly Amendment 1 adopted

  22. Feb 22, 2018 · Assembly

    Assembly Amendment 2 offered by Representatives Subeck, Barca, Hebl, Ohnstad, Fields, Billings, Doyle, Kolste, Shankland, Zamarripa, Genrich, Kessler, Riemer, Milroy, C. Taylor, Hesselbein, Neubauer, Hintz, Pope, Spreitzer, Berceau, Wachs, Young and Meyers

  23. Feb 22, 2018 · Assembly

    Assembly Amendment 2 laid on table, Ayes 59, Noes 34

  24. Feb 22, 2018 · Assembly

    Assembly Amendment 3 offered by Representatives Subeck, C. Taylor, Hebl, Wachs, Meyers, Pope, Billings, Fields, Ohnstad, Berceau, Shankland, Doyle, Hintz, Spreitzer, Barca, Genrich and Kolste

  25. Feb 22, 2018 · Assembly

    Assembly Amendment 3 laid on table, Ayes 59, Noes 34

  26. Feb 22, 2018 · Assembly

    Assembly Amendment 4 offered by Representative Hutton

  27. Feb 22, 2018 · Assembly

    Assembly Amendment 4 adopted

  28. Feb 22, 2018 · Assembly

    Ordered to a third reading

  29. Feb 22, 2018 · Assembly

    Rules suspended

  30. Feb 22, 2018 · Assembly

    Read a third time and passed, Ayes 58, Noes 32, Paired 2

  31. Feb 22, 2018 · Assembly

    Ordered immediately messaged

  32. Feb 23, 2018 · Senate

    Received from Assembly

  33. Mar 9, 2018 · Senate

    LRB correction (Assembly Amendment 4)

  34. Mar 12, 2018 · Senate

    Read first time and referred to committee on Senate Organization

  35. Mar 12, 2018 · Senate

    Available for scheduling

  36. Mar 15, 2018 · Senate

    Public hearing requirement waived by committee on Senate Organization, pursuant to Senate Rule 18 (1m), Ayes 3, Noes 2

  37. Mar 15, 2018 · Senate

    Placed on calendar 3-20-2018 pursuant to Senate Rule 18(1)

  38. Mar 20, 2018 · Senate

    Senate Amendment 1 offered by Senators Cowles, Kapenga and Fitzgerald

  39. Mar 20, 2018 · Senate

    Senate Amendment 2 offered by Senators Ringhand, Shilling, Risser, Erpenbach, Vinehout, Johnson, L. Taylor, Schachtner, Larson, Hansen, Wirch, Bewley and Carpenter

  40. Mar 20, 2018 · Senate

    Read a second time

  41. Mar 20, 2018 · Senate

    Senate Amendment 1 adopted

  42. Mar 20, 2018 · Senate

    Senate Amendment 2 rejected, Ayes 17, Noes 14

  43. Mar 20, 2018 · Senate

    Ordered to a third reading

  44. Mar 20, 2018 · Senate

    Rules suspended

  45. Mar 20, 2018 · Senate

    Read a third time and concurred in as amended, Ayes 18, Noes 14

  46. Mar 20, 2018 · Senate

    Ordered immediately messaged

  47. Mar 21, 2018 · Assembly

    Received from Senate amended and concurred in as amended (Senate Amendment 1 adopted)

  48. Mar 21, 2018 · Assembly

    Referred to calendar of 3-22-2018 pursuant to Assembly Rule 93

  49. Mar 22, 2018 · Assembly

    Assembly Amendment 1 to Senate Amendment 1 offered by Representatives Barca, Neubauer, Ohnstad, Fields, Shankland, Subeck, Zepnick and Genrich

  50. Mar 22, 2018 · Assembly

    Assembly Amendment 1 to Senate Amendment 1 laid on table, Ayes 57, Noes 33

  51. Mar 22, 2018 · Assembly

    Assembly Amendment 2 to Senate Amendment 1 offered by Representatives Barca, Neubauer, Ohnstad, Fields, Shankland, Subeck, Zepnick and Genrich

  52. Mar 22, 2018 · Assembly

    Assembly Amendment 2 to Senate Amendment 1 laid on table, Ayes 56, Noes 34

  53. Mar 22, 2018 · Assembly

    Senate Amendment 1 concurred in

  54. Mar 22, 2018 · Assembly

    Action ordered immediately messaged

  55. Mar 29, 2018 · Assembly

    Report correctly enrolled on 3-29-2018

  56. Apr 12, 2018 · Assembly

    Presented to the Governor on 4-12-2018

  57. Apr 17, 2018 · Assembly

    Report approved by the Governor on 4-16-2018. 2017 Wisconsin Act 327

  58. Apr 17, 2018 · Assembly

    Published 4-17-2018