2009 Wisconsin Act 28

28,2161 Section 2161. 102.49 (2) of the statutes is amended to read:

102.49 (2) A child lawfully adopted by the deceased employee and the surviving spouse or domestic partner under ch. 770, prior to the time of the injury, and a child not the deceased employee's own by birth or adoption but living with the deceased employee as a member of the deceased employee's family at the time of the injury shall for the purpose of this section be taken as a child by their marriage or domestic partnership under ch. 770.

28,2162 Section 2162. 102.49 (3) of the statutes is amended to read:

102.49 (3) If the employee leaves a spouse or domestic partner under ch. 770 wholly dependent and also a child by a former marriage, domestic partnership under ch. 770, or adoption, likewise wholly dependent, aggregate benefits shall be the same in amount as if the child were the child of the surviving spouse or partner, and the entire benefit shall be apportioned to the dependents in the amounts that the department shall determine determines to be just, considering the ages of the dependents and other factors bearing on dependency. The benefit awarded to the surviving spouse or partner shall not exceed 4 times the average annual earnings of the deceased employee.

28,2163 Section 2163. 102.51 (1) (a) 2m. of the statutes is created to read:

102.51 (1) (a) 2m. A domestic partner under ch. 770 upon his or her partner with whom he or she is living at the time of the partner's death.

28,2164 Section 2164. 102.51 (2) (a) of the statutes is amended to read:

102.51 (2) (a) No person shall be considered a dependent unless that person is a spouse, a domestic partner under ch. 770, a divorced spouse who has not remarried, or a lineal descendant, lineal ancestor, brother, sister, or other member of the family, whether by blood or by adoption, of the deceased employee.

28,2165 Section 2165. 102.51 (6) of the statutes is amended to read:

102.51 (6) Division among dependents. Benefits accruing to a minor dependent child may be awarded to either parent in the discretion of the department. Notwithstanding sub. (1), the department may reassign the death benefit, in accordance with their respective needs therefor for the death benefit as between a surviving spouse or a domestic partner under ch. 770 and children designated in sub. (1) and s. 102.49.

28,2166 Section 2166. 102.64 (1) of the statutes is amended to read:

102.64 (1) Upon request of the department of administration, a representative of the department of justice shall represent the state in cases involving payment into or out of the state treasury under s. 20.865 (1) (fm), (kr), or (ur) or 102.29. The department of justice, after giving notice to the department of administration, may compromise the amount of such those payments but such compromises shall be subject to review by the department of workforce development. If the spouse or domestic partner under ch. 770 of the deceased employee compromises his or her claim for a primary death benefit, the claim of the children of such the employee under s. 102.49 shall be compromised on the same proportional basis, subject to approval by the department. If the persons entitled to compensation on the basis of total dependency under s. 102.51 (1) compromise their claim, payments under s. 102.49 (5) (a) shall be compromised on the same proportional basis.

28,2169 Section 2169. 103.10 (1) (a) (intro.) of the statutes is amended to read:

103.10 (1) (a) (intro.) "Child" means a natural, adopted, foster or treatment or foster child, a stepchild, or a legal ward to whom any of the following applies:

28,2170 Section 2170. 103.10 (1) (ar) of the statutes is created to read:

103.10 (1) (ar) "Domestic partner" has the meaning given in s. 40.02 (21c) or 770.01 (1).

28,2171 Section 2171. 103.10 (1) (b) of the statutes is amended to read:

103.10 (1) (b) "Employee" means an individual employed in this state by an employer, except the employer's parent, spouse, domestic partner, or child.

28,2171r Section 2171r. 103.10 (1) (e) of the statutes is amended to read:

103.10 (1) (e) "Health care provider" means a person described under s. 146.81 (1) (a) to (p), but does not include a person described under s. 146.81 (1) (hp).

28,2172 Section 2172. 103.10 (1) (f) of the statutes is amended to read:

103.10 (1) (f) "Parent" means a natural parent, foster parent, treatment foster parent, adoptive parent, stepparent, or legal guardian of an employee or of an employee's spouse or domestic partner.

28,2173 Section 2173 . 103.10 (1) (f) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:

103.10 (1) (f) "Parent" means a natural parent, foster parent, treatment foster parent, adoptive parent, stepparent, or legal guardian of an employee or of an employee's spouse or domestic partner.

28,2174 Section 2174. 103.10 (3) (b) 3. of the statutes is amended to read:

103.10 (3) (b) 3. To care for the employee's child, spouse, domestic partner, or parent, if the child, spouse, domestic partner, or parent has a serious health condition.

28,2175 Section 2175. 103.10 (6) (b) (intro.) of the statutes is amended to read:

103.10 (6) (b) (intro.) If an employee intends to take family leave because of the planned medical treatment or supervision of a child, spouse, domestic partner, or parent or intends to take medical leave because of the planned medical treatment or supervision of the employee, the employee shall do all of the following:

28,2176 Section 2176. 103.10 (6) (b) 1. of the statutes is amended to read:

103.10 (6) (b) 1. Make a reasonable effort to schedule the medical treatment or supervision so that it does not unduly disrupt the employer's operations, subject to the approval of the health care provider of the child, spouse, domestic partner, parent, or employee.

28,2177 Section 2177. 103.10 (7) (a) of the statutes is amended to read:

103.10 (7) (a) If an employee requests family leave for a reason described in sub. (3) (b) 3. or requests medical leave, the employer may require the employee to provide certification, as described in par. (b), issued by the health care provider or Christian Science practitioner of the child, spouse, domestic partner, parent, or employee, whichever is appropriate.

28,2178 Section 2178. 103.10 (7) (b) 1. of the statutes is amended to read:

103.10 (7) (b) 1. That the child, spouse, domestic partner, parent, or employee has a serious health condition.

28,2180 Section 2180. 103.10 (12) (c) of the statutes is amended to read:

103.10 (12) (c) If 2 or more health care providers disagree about any of the information required to be certified under sub. (7) (b), the department may appoint another health care provider to examine the child, spouse, domestic partner, parent, or employee and render an opinion as soon as possible. The department shall promptly notify the employee and the employer of the appointment. The employer and the employee shall each pay 50% of the cost of the examination and opinion.

28,2181 Section 2181. 103.165 (3) (a) 1. of the statutes is amended to read:

103.165 (3) (a) 1. The decedent's surviving spouse or domestic partner under ch. 770.

28,2182 Section 2182. 103.165 (3) (a) 2. of the statutes is amended to read:

103.165 (3) (a) 2. The decedent's children if the decedent shall leave leaves no surviving spouse or domestic partner under ch. 770.

28,2183 Section 2183. 103.165 (3) (a) 3. of the statutes is amended to read:

103.165 (3) (a) 3. The decedent's father or mother if the decedent shall leave leaves no surviving spouse, domestic partner under ch. 770, or children.

28,2184 Section 2184. 103.165 (3) (a) 4. of the statutes is amended to read:

103.165 (3) (a) 4. The decedent's brother or sister if the decedent shall leave leaves no surviving spouse, domestic partner under ch. 770, children, or parent.

28,2185 Section 2185. 103.165 (3) (c) of the statutes is amended to read:

103.165 (3) (c) The amount of the cash bond, together with principal and interest, to which the deceased employee would have been entitled had the deceased employee lived, shall, as soon as paid out by the depository, be turned over to the relative of the deceased employee person designated under par. (a) effecting the accounting and withdrawal with the employer. The turning over shall be a discharge and release of the employer to the amount of the payment.

28,2186 Section 2186. 103.165 (3) (d) of the statutes is amended to read:

103.165 (3) (d) If no relatives persons designated under par. (a) survive, the employer may apply the cash bond, or so much of the cash bond 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. The making of payment under this paragraph shall be a discharge and release of the employer to the amount of the payment.

28,2186f Section 2186f. 103.457 of the statutes is amended to read:

103.457 Listing deductions from wages. An employer shall state clearly on the employee's pay check, pay envelope, or paper accompanying the wage payment the amount of and reason for each deduction from the wages due or earned by the employee, except such miscellaneous deductions as may have been authorized by request of the individual employee for reasons personal to the employee. A reasonable coding system may be used by the employer. If the department finds that an employer has failed to state that information clearly as required under this section, the department may order the employer to pay the employee, as liquidated damages, not less than $50 nor more than $500 for each violation.

28,2186t Section 2186t. 103.49 (1) (a) of the statutes is amended to read:

103.49 (1) (a) "Area" means the county in which a proposed project of public works that is subject to this section is located or, if the department determines that there is insufficient wage data in that county, "area" means those counties that are contiguous to that county or, if the department determines that there is insufficient wage data in those counties, "area" means those counties that are contiguous to those counties or, if the department determines that there is insufficient wage data in those counties, "area" means the entire state or, if the department is requested to review a determination under sub. (3) (c), "area" means the city, village, or town in which a proposed project of public works that is subject to this section is located.

28,2186u Section 2186u. 103.49 (1) (am) of the statutes is created to read:

103.49 (1) (am) "Bona fide economic benefit" means an economic benefit for which an employer makes irrevocable contributions to a trust or fund created under 29 USC 186 (c) or to any other bona fide plan, trust, program, or fund no less often than quarterly or, if an employer makes annual contributions to such a bona fide plan, trust, program, or fund, for which the employer irrevocably escrows moneys at least quarterly based on the employer's expected annual contribution.

28,2186v Section 2186v. 103.49 (1) (bg) of the statutes is amended to read:

103.49 (1) (bg) "Insufficient wage data" means less than 500 hours of work performed in a particular trade or occupation on projects that are similar to a proposed project of public works that is subject to this section.

28,2186x Section 2186x. 103.49 (1) (bj) of the statutes is created to read:

103.49 (1) (bj) "Minor service and maintenance work" means a project of public works that is limited to minor crack filling, chip or slurry sealing, or other minor pavement patching, not including overlays, that has a projected life span of no longer than 5 years cleaning of drainage or sewer ditches or structures; or any other limited, minor work on public facilities or equipment that is routinely performed to prevent breakdown or deterioration.

28,2187 Section 2187. 103.49 (1) (bm) of the statutes is repealed.

28,2187f Section 2187f. 103.49 (1) (d) 1. of the statutes is amended to read:

103.49 (1) (d) 1. Except as provided in subd. 2., "prevailing wage rate" for any trade or occupation engaged in the erection, construction, remodeling, repairing or, demolition , or improvement of any project of public works in any area means the hourly basic rate of pay, plus the hourly contribution for health insurance benefits, vacation benefits, pension benefits, and any other bona fide economic benefit, paid directly or indirectly for a majority of the hours worked in the trade or occupation on projects in the area.

28,2187h Section 2187h. 103.49 (1) (d) 2. of the statutes is amended to read:

103.49 (1) (d) 2. If there is no rate at which a majority of the hours worked in the trade or occupation on projects in the area is paid, "prevailing wage rate" for any trade or occupation engaged in the erection, construction, remodeling, repairing or, demolition , or improvement of any project of public works in any area means the average hourly basic rate of pay, weighted by the number of hours worked, plus the average hourly contribution, weighted by the number of hours worked, for health insurance benefits, vacation benefits, pension benefits, and any other bona fide economic benefit, paid directly or indirectly for all hours worked at the hourly basic rate of pay of the highest-paid 51% of hours worked in that trade or occupation on projects in that area.

28,2187j Section 2187j. 103.49 (1) (dm) of the statutes is created to read:

103.49 (1) (dm) "Project of public works" means a project involving the erection, construction, repair, remodeling, demolition, or improvement, including any alteration, painting, decorating, or grading, of a public facility, including land, a building, or other infrastructure.

28,2188 Section 2188. 103.49 (1) (e) of the statutes is repealed.

28,2188e Section 2188e. 103.49 (1) (f) of the statutes is amended to read:

103.49 (1) (f) "State agency" means any office, department, independent agency, institution of higher education, association, society or other body in state government created or authorized to be created by the constitution or any law, including the legislature and the courts. "State agency" also includes a state public body and corporate created by constitution, statute, rule, or order, including specifically the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, and the Wisconsin Aerospace Authority.

28,2188f Section 2188f. 103.49 (1) (fm) of the statutes is created to read:

103.49 (1) (fm) "Supply and installation contract" means a contract under which the material is installed by the supplier, the material is installed by means of simple fasteners or connectors such as screws or nuts and bolts and no other work is performed on the site of the project of public works, and the total labor cost to install the material does not exceed 20 percent of the total cost of the contract.

28,2188g Section 2188g. 103.49 (1m) of the statutes is created to read:

103.49 (1m) Applicability. Subject to sub. (3g), this section applies to any project of public works erected, constructed, repaired, remodeled, demolished , or improved for the state or a state agency, other than a highway, street, or bridge construction or maintenance project, including all of the following:

(a) A project erected, constructed, repaired, remodeled, demolished , or improved by one state agency for another state agency under any contract or under any statute specifically authorizing cooperation between state agencies.

(b) A project in which the completed facility is leased, purchased, lease purchased, or otherwise acquired by, or dedicated to, the state in lieu of the state or a state agency contracting for the erection, construction, repair, remodeling, demolition , or improvement of the facility.

(c) A "sanitary sewer" or water main project in which the completed sanitary sewer or water main is acquired by, or dedicated to, the state for ownership or maintenance by the state.

28,2188h Section 2188h. 103.49 (2) of the statutes is amended to read:

103.49 (2) Prevailing wage rates and hours of labor. Any contract hereafter made for the erection, construction, remodeling, repairing, or demolition , or improvement of any project of public works, except contracts for the construction or maintenance of public highways, streets, and bridges, to which the state or any state agency is a party shall contain a stipulation that no person performing the work described in sub. (2m) may be permitted to work a greater number of hours per day or per week than the prevailing hours of labor, except that any such person may be permitted or required to work more than such prevailing hours of labor per day and per week if he or she is paid for all hours worked in excess of the prevailing hours of labor at a rate of at least 1.5 times his or her hourly basic rate of pay; nor may he or she be paid less than the prevailing wage rate determined under sub. (3) in the same or most similar trade or occupation in the area wherein such in which the project of public works is situated. A reference to the prevailing wage rates determined under sub. (3) and the prevailing hours of labor shall be published in the notice issued for the purpose of securing bids for the project. If any contract or subcontract for a project of public works that is subject to this section is entered into, the prevailing wage rates determined under sub. (3) and the prevailing hours of labor shall be physically incorporated into and made a part of the contract or subcontract, except that for a minor subcontract, as determined by the department, the department shall prescribe by rule the method of notifying the minor subcontractor of the prevailing wage rates and prevailing hours of labor applicable to the minor subcontract. The prevailing wage rates and prevailing hours of labor applicable to a contract or subcontract may not be changed during the time that the contract or subcontract is in force.

28,2188k Section 2188k. 103.49 (2m) (a) 1. of the statutes is amended to read:

103.49 (2m) (a) 1. All laborers, workers, mechanics , and truck drivers employed on the site of a project of public works that is subject to this section.

28,2188m Section 2188m. 103.49 (2m) (a) 2. of the statutes is amended to read:

103.49 (2m) (a) 2. All laborers, workers, mechanics , and truck drivers employed in the manufacturing or furnishing of materials, articles, supplies, or equipment on the site of a project of public works that is subject to this section or from a facility dedicated exclusively, or nearly so, to a project of public works that is subject to this section by a contractor, subcontractor, agent, or other person performing any work on the site of the project.

28,2188p Section 2188p. 103.49 (2m) (b) 1. of the statutes is amended to read:

103.49 (2m) (b) 1. The laborer, worker, mechanic, or truck driver is employed to go to the source of mineral aggregate such as sand, gravel, or stone that is to be immediately incorporated into the work, and not stockpiled or further transported by truck, pick up that mineral aggregate, and deliver that mineral aggregate to the site of a project of public works that is subject to this section by depositing the material substantially in place, directly or through spreaders from the transporting vehicle.

28,2188r Section 2188r. 103.49 (2m) (b) 2. of the statutes is amended to read:

103.49 (2m) (b) 2. The laborer, worker, mechanic, or truck driver is employed to go to the site of a project that is subject to this section, pick up excavated material or spoil from the site of the project of public works and transport that excavated material or spoil away from the site of the project.

28,2188v Section 2188v. 103.49 (3) (am) of the statutes is amended to read:

103.49 (3) (am) The department shall, by January 1 of each year, compile the prevailing wage rates for each trade or occupation in each area. The compilation shall, in addition to the current prevailing wage rates, include future prevailing wage rates when those prevailing wage rates can be determined for any trade or occupation in any area and shall specify the effective date of those future prevailing wage rates. If a construction project of public works extends into more than one area there shall be but one standard of prevailing wage rates for the entire project.

28,2189 Section 2189. 103.49 (3) (ar) of the statutes is amended to read:

103.49 (3) (ar) In determining prevailing wage rates under par. (a) or (am), the department may not use data from projects that are subject to this section, s. 66.0903, 66.0904, 103.50, or 229.8275 or 40 USC 276a 3142 unless the department determines that there is insufficient wage data in the area to determine those prevailing wage rates, in which case the department may use data from projects that are subject to this section, s. 66.0903, 66.0904, 103.50, or 229.8275 or 40 USC 276a 3142.