Amendment ASA1-AB75

AB75-ASA1, s. 2156 Section 2156. 101.177 (1) (d) of the statutes is amended to read:

AB75-ASA1,1159,18 101.177 (1) (d) "State agency" means any office, department, 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, that is entitled to expend moneys appropriated by law, including the legislature and the courts, the Wisconsin Housing and Economic Development Authority, the Bradley Center Sports and Entertainment Corporation, the University of Wisconsin Hospitals and Clinics Authority, the Wisconsin Aerospace Authority, the Wisconsin Quality Home Care Authority, and the Wisconsin Health and Educational Facilities Authority, but excluding the Health Insurance Risk-Sharing Plan Authority and the Lower Fox River Remediation Authority.

AB75-ASA1, s. 2156c Section 2156c. 101.19 (1) (m) of the statutes is created to read:

AB75-ASA1,1159,20 101.19 (1) (m) Registering construction contractors under s. 101.147.

AB75-ASA1, s. 2157r Section 2157r. 101.85 of the statutes is created to read:

AB75-ASA1,1160,2 101.85 Contracting for services. (1) In this section, "cost-benefit analysis" means a comprehensive study to identify and compare the total cost, quality, technical expertise, and timeliness of a service performed by department employees and resources with the total cost, quality, technical expertise, and timeliness of the same service obtained by means of a contract.

AB75-ASA1,1160,7 (2) The department may not engage any person who is not an employee of the department to perform services for the department under this subchapter unless the department finds, based upon a cost-benefit analysis, that those services can be performed more cost-effectively and efficiently by that person than by an employee of the department.

AB75-ASA1, s. 2158 Section 2158. 101.9208 (4m) of the statutes is amended to read:

AB75-ASA1,1160,14 101.9208 (4m) Upon filing an application under sub. (1) or (4), a supplemental title fee to be paid by the owner of the manufactured home, except that this fee shall be waived with respect to an application under sub. (4) for transfer of a decedent's interest in a manufactured home to his or her surviving spouse or domestic partner under ch. 770. The fee required under this subsection shall be paid in addition to any other fee specified in this section.

AB75-ASA1, s. 2158h Section 2158h. 102.07 (8) (d) of the statutes is created to read:

AB75-ASA1,1160,19 102.07 (8) (d) Any employer described in s. 108.18 (2) (c) who willfully and with intent to evade any requirement of this chapter 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-ASA1, s. 2159 Section 2159. 102.475 (6) of the statutes is amended to read:

AB75-ASA1,1160,23 102.475 (6) Proof. In administering this section the department may require reasonable proof of birth, marriage, domestic partnership under ch. 770, relationship, or dependency.

AB75-ASA1, s. 2160 Section 2160. 102.49 (1) of the statutes is amended to read:

AB75-ASA1,1161,13 102.49 (1) Where When the beneficiary under s. 102.46 or 102.47 (1) is the wife or husband spouse or domestic partner under ch. 770 of the deceased employee and is wholly dependent for support, an additional death benefit shall be paid from the funds provided by sub. (5) for each child by their marriage or domestic partnership under ch. 770 who is living at the time of the death of the employee, and who is likewise wholly dependent upon the employee for support. Such That payment shall commence at the time that primary death benefit payments are completed , or, if advancement of compensation has been paid, at the time when payments would normally have been completed. Payments shall continue at the rate of 10% of the surviving parent's weekly indemnity until the child's 18th birthday. If the child is physically or mentally incapacitated, such payments may be continued beyond the child's 18th birthday but the payments may not continue for more than a total of 15 years.

AB75-ASA1, s. 2161 Section 2161. 102.49 (2) of the statutes is amended to read:

AB75-ASA1,1161,20 102.49 (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.

AB75-ASA1, s. 2162 Section 2162. 102.49 (3) of the statutes is amended to read:

AB75-ASA1,1162,5 102.49 (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.

AB75-ASA1, s. 2163 Section 2163. 102.51 (1) (a) 2m. of the statutes is created to read:

AB75-ASA1,1162,8 102.51 (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.

AB75-ASA1, s. 2164 Section 2164. 102.51 (2) (a) of the statutes is amended to read:

AB75-ASA1,1162,13 102.51 (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.

AB75-ASA1, s. 2165 Section 2165. 102.51 (6) of the statutes is amended to read:

AB75-ASA1,1162,20 102.51 (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.

AB75-ASA1, s. 2166 Section 2166. 102.64 (1) of the statutes is amended to read:

AB75-ASA1,1163,8 102.64 (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.

AB75-ASA1, s. 2169 Section 2169. 103.10 (1) (a) (intro.) of the statutes is amended to read:

AB75-ASA1,1163,11 103.10 (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:

AB75-ASA1, s. 2170 Section 2170. 103.10 (1) (ar) of the statutes is created to read:

AB75-ASA1,1163,14 103.10 (1) (ar) "Domestic partner" has the meaning given in s. 40.02 (21c) or 770.01 (1).

AB75-ASA1, s. 2171 Section 2171. 103.10 (1) (b) of the statutes is amended to read:

AB75-ASA1,1163,17 103.10 (1) (b) "Employee" means an individual employed in this state by an employer, except the employer's parent, spouse, domestic partner, or child.

AB75-ASA1, s. 2171r Section 2171r. 103.10 (1) (e) of the statutes is amended to read:

AB75-ASA1,1163,20 103.10 (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).

AB75-ASA1, s. 2172 Section 2172. 103.10 (1) (f) of the statutes is amended to read:

AB75-ASA1,1163,24 103.10 (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.

AB75-ASA1, s. 2173 Section 2173 . 103.10 (1) (f) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:

AB75-ASA1,1164,5 103.10 (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.

AB75-ASA1, s. 2174 Section 2174. 103.10 (3) (b) 3. of the statutes is amended to read:

AB75-ASA1,1164,9 103.10 (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.

AB75-ASA1, s. 2175 Section 2175. 103.10 (6) (b) (intro.) of the statutes is amended to read:

AB75-ASA1,1164,14 103.10 (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:

AB75-ASA1, s. 2176 Section 2176. 103.10 (6) (b) 1. of the statutes is amended to read:

AB75-ASA1,1164,19 103.10 (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.

AB75-ASA1, s. 2177 Section 2177. 103.10 (7) (a) of the statutes is amended to read:

AB75-ASA1,1164,25 103.10 (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.

AB75-ASA1, s. 2178 Section 2178. 103.10 (7) (b) 1. of the statutes is amended to read:

AB75-ASA1,1165,3 103.10 (7) (b) 1. That the child, spouse, domestic partner, parent, or employee has a serious health condition.

AB75-ASA1, s. 2180 Section 2180. 103.10 (12) (c) of the statutes is amended to read:

AB75-ASA1,1165,10 103.10 (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.

AB75-ASA1, s. 2181 Section 2181. 103.165 (3) (a) 1. of the statutes is amended to read:

AB75-ASA1,1165,13 103.165 (3) (a) 1. The decedent's surviving spouse or domestic partner under ch. 770.

AB75-ASA1, s. 2182 Section 2182. 103.165 (3) (a) 2. of the statutes is amended to read:

AB75-ASA1,1165,16 103.165 (3) (a) 2. The decedent's children if the decedent shall leave leaves no surviving spouse or domestic partner under ch. 770.

AB75-ASA1, s. 2183 Section 2183. 103.165 (3) (a) 3. of the statutes is amended to read:

AB75-ASA1,1165,19 103.165 (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.

AB75-ASA1, s. 2184 Section 2184. 103.165 (3) (a) 4. of the statutes is amended to read:

AB75-ASA1,1165,22 103.165 (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.

AB75-ASA1, s. 2185 Section 2185. 103.165 (3) (c) of the statutes is amended to read:

AB75-ASA1,1166,4 103.165 (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.

AB75-ASA1, s. 2186 Section 2186. 103.165 (3) (d) of the statutes is amended to read:

AB75-ASA1,1166,11 103.165 (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.

AB75-ASA1, s. 2187 Section 2187. 103.49 (1) (bm) of the statutes is repealed.

AB75-ASA1, s. 2188 Section 2188. 103.49 (1) (e) of the statutes is repealed.

AB75-ASA1, s. 2188f Section 2188f. 103.49 (1m) of the statutes is created to read:

AB75-ASA1,1166,18 103.49 (1m) Applicability. Subject to sub. (3g), this section applies to any project of public works erected, constructed, remodeled, repaired, or demolished for the state or a state agency, other than a highway, street, or bridge construction or maintenance project, including all of the following:

AB75-ASA1,1166,21 (a) A building construction project in which the completed building 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 construction of the building.

AB75-ASA1,1166,24 (b) A road, street, sanitary sewer, or water main project in which the completed road, street, sanitary sewer, or water main is dedicated to the state for ownership by the state.

AB75-ASA1, s. 2188h Section 2188h. 103.49 (2) of the statutes is amended to read:

AB75-ASA1,1167,23 103.49 (2) Prevailing wage rates and hours of labor. Any contract hereafter made for the erection, construction, remodeling, repairing, or demolition 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 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.

AB75-ASA1, s. 2188s Section 2188s. 103.49 (2m) (b) 3. of the statutes is created to read:

AB75-ASA1,1168,5 103.49 (2m) (b) 3. The laborer, worker, or mechanic is employed at a commercial establishment that regularly supplies plumbing systems, steam or hot water systems, sprinkler systems, mechanical systems, or pipework and is employed in the fabrication of those systems or that pipework for incorporation into a project of public works.

AB75-ASA1, s. 2188t Section 2188t. 103.49 (3) (a) of the statutes is amended to read:

AB75-ASA1,1168,21 103.49 (3) (a) Before bids are asked for any work to which this section applies, the state agency having the authority to prescribe the specifications shall apply to the department to determine the prevailing wage rate for each trade or occupation required in the work under contemplation in the area in which the work is to be done project is located. The department shall conduct investigations and hold public hearings as necessary to define the trades or occupations that are commonly employed on projects that are subject to this section and to inform itself as to the prevailing wage rates in all areas of the state for those trades or occupations, in order to determine the prevailing wage rate for each trade or occupation. The department shall issue its determination within 30 days after receiving the request and shall file the determination with the requesting state agency. For the information of the employees working on the project, the prevailing wage rates determined by the department, the prevailing hours of labor and the provisions of subs. (2) and (6m) shall be kept posted by the state agency in at least one conspicuous and easily accessible place on the site of the project.

AB75-ASA1, s. 2189 Section 2189. 103.49 (3) (ar) of the statutes is amended to read:

AB75-ASA1,1169,3 103.49 (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.

AB75-ASA1, s. 2190d Section 2190d. 103.49 (3g) of the statutes is renumbered 103.49 (3g) (intro.) and amended to read:

AB75-ASA1,1169,7 103.49 (3g) Nonapplicability. (intro.) This section does not apply to any single-trade public works project of the following:

AB75-ASA1,1169,12 (a) A project of public works for which the estimated project cost of completion is less than $30,000 or an amount determined by the department under s. 66.0903 (5) or to any multiple-trade public works project for which the estimated project cost of completion is less than $150,000 or an amount determined by the department under s. 66.0903 (5) $25,000.

AB75-ASA1, s. 2190f Section 2190f. 103.49 (3g) (b) of the statutes is created to read:

AB75-ASA1,1169,15 103.49 (3g) (b) A project of public works in which the labor for the project is provided by unpaid volunteers.

AB75-ASA1, s. 2190h Section 2190h. 103.49 (3g) (c) of the statutes is created to read:

AB75-ASA1,1169,17 103.49 (3g) (c) Minor service, maintenance, or warranty work.

AB75-ASA1, s. 2191f Section 2191f. 103.49 (5) (am) of the statutes is created to read:

AB75-ASA1,1170,5 103.49 (5) (am) 1. Except as provided in this subdivision, by no later than the end of the first week of a month following a month in which a contractor, subcontractor, or contractor's or subcontractor's agent performs work on a project of public works that is subject to this section, the contractor, subcontractor, or agent shall submit to the department in an electronic format a certified record of the information specified in par. (a) for that preceding month. This requirement does not apply with respect to a person performing the work described in sub. (2m) who is covered under a collective bargaining agreement. In that case, the contractor, subcontractor, or agent shall submit to the department in an electronic format a copy of the collective bargaining agreement by no later than the end of the first week of the first month in which the contractor, subcontractor, or agent performs work on the project of public works.

AB75-ASA1,1170,13 2. The department shall post on its Internet site all certified records and collective bargaining agreements submitted to the department under subd. 1., except that the department may not post on that site the name of or any other personally identifiable information relating to any employee of a contractor, subcontractor, or agent that submits information to the department under subd. 1. In this subdivision, "personally identifiable information" does not include an employee's trade or occupation, his or her hours of work, or the wages paid for those hours worked.

AB75-ASA1, s. 2192 Section 2192. 103.49 (5) (c) of the statutes is amended to read:

AB75-ASA1,1171,8 103.49 (5) (c) If requested by any person, the department shall inspect the payroll records of any contractor, subcontractor, or agent performing work on a project that is subject to this section to ensure compliance with this section. If In the case of a request made by a person performing the work specified in sub. (2m), if the department finds that the contractor, subcontractor, or agent subject to the inspection is found to be in compliance and if the person making the request is a person performing the work specified in sub. (2m) that the request is frivolous, the department shall charge the person making the request the actual cost of the inspection. If In the case of a request made by a person not performing the work specified in sub. (2m), if the department finds that the contractor, subcontractor, or agent subject to the inspection is found to be in compliance and if the person making the request is not a person performing the work specified in sub. (2m) that the request is frivolous, the department shall charge the person making the request $250 or the actual cost of the inspection, whichever is greater. In order to find that a request is frivolous, the department must find that the person making the request made the request in bad faith, solely for the purpose of harassing or maliciously injuring the contractor, subcontractor, or agent subject to the inspection, or that the person making the request knew, or should have known, that there was no reasonable basis for believing that a violation of this section had been committed.