AB75, s. 2154
15Section
2154. 101.143 (4) (ei) 1m. b. of the statutes is amended to read:
AB75,1189,216
101.143
(4) (ei) 1m. b. The claim is submitted by a person who, at the time that
17the notification was made under sub. (3) (a) 3., was the owner of the farm tank and
18owned a parcel of 35 or more acres of contiguous land, on which the farm tank is or
19was located, which was devoted primarily to agricultural use, as defined in s. 91.01
20(1) (2), including land designated by the department of natural resources as part of
21the ice age trail under s. 23.17, which during the year preceding that notification
22produced gross farm profits, as defined in s. 71.58 (4), of not less than $6,000 or
23which, during the 3 years preceding that notification, produced gross farm profits,
24as defined in s. 71.58 (4), of not less than $18,000, or a parcel of 35 or more acres, on
25which the farm tank is located, of which at least 35 acres, during part or all of the
1year preceding that notification, were enrolled in the conservation reserve program
2under
16 USC 3831 to
3836.
AB75, s. 2155
3Section
2155. 101.1435 of the statutes is created to read:
AB75,1189,6
4101.1435 Removal of abandoned underground petroleum storage
5tanks. (1) In this section, "underground petroleum product storage tank system"
6has the meaning given in s. 101.143 (1) (i).
AB75,1189,11
7(2) The department may contract with a person registered or certified under
8s. 101.09 (3) to empty, clean, remove, and dispose of an underground petroleum
9product storage tank system; to assess the site on which the underground petroleum
10product storage tank system is located; and to backfill the excavation if all of the
11following apply:
AB75,1189,1312
(a) The department determines that the underground petroleum product
13storage tank system is abandoned.
AB75,1189,1914
(b) Using the method that the department uses to determine inability to pay
15under s. 101.143 (4) (ee), the department determines that the owner of the
16underground petroleum product storage tank system is unable to pay to empty,
17clean, remove, and dispose of the underground petroleum product storage tank
18system; to assess the site on which the underground petroleum product storage tank
19system is located; and to backfill the excavation.
AB75,1190,2
20(3) If the department incurs costs under sub. (2), the department shall record
21a statement of lien with the register of deeds of the county in which the underground
22petroleum product storage tank system was located. Upon recording the statement
23of lien, the department has a lien on the property on which the underground
24petroleum product storage tank system was located in the amount of the costs
25incurred. The property remains subject to the lien until that amount is paid in full
1to the department. The department shall deposit payments received under this
2subsection into the petroleum inspection fund.
AB75, s. 2156
3Section
2156. 101.177 (1) (d) of the statutes is amended to read:
AB75,1190,134
101.177
(1) (d) "State agency" means any office, department, agency,
5institution of higher education, association, society, or other body in state
6government created or authorized to be created by the constitution or any law, that
7is entitled to expend moneys appropriated by law, including the legislature and the
8courts, the Wisconsin Housing and Economic Development Authority, the Bradley
9Center Sports and Entertainment Corporation, the University of Wisconsin
10Hospitals and Clinics Authority, the Wisconsin Aerospace Authority,
the Wisconsin
11Quality Home Care Authority, and the Wisconsin Health and Educational Facilities
12Authority, but excluding the Health Insurance Risk-Sharing Plan Authority and the
13Lower Fox River Remediation Authority.
AB75, s. 2157
14Section
2157. 101.596 of the statutes is repealed.
AB75, s. 2158
15Section
2158. 101.9208 (4m) of the statutes is amended to read:
AB75,1190,2116
101.9208
(4m) Upon filing an application under sub. (1) or (4), a supplemental
17title fee to be paid by the owner of the manufactured home, except that this fee shall
18be waived with respect to an application under sub. (4) for transfer of a decedent's
19interest in a manufactured home to his or her surviving spouse
or domestic partner
20under ch. 770. The fee required under this subsection shall be paid in addition to any
21other fee specified in this section.
AB75, s. 2159
22Section
2159. 102.475 (6) of the statutes is amended to read:
AB75,1190,2523
102.475
(6) Proof. In administering this section the department may require
24reasonable proof of birth, marriage,
domestic partnership under ch. 770, 25relationship
, or dependency.
AB75, s. 2160
1Section
2160. 102.49 (1) of the statutes is amended to read:
AB75,1191,142
102.49
(1) Where When the beneficiary under s. 102.46 or 102.47 (1) is the
wife
3or husband spouse or domestic partner under ch. 770 of the deceased employee and
4is wholly dependent for support, an additional death benefit shall be paid from the
5funds provided by sub. (5) for each child by their marriage
or domestic partnership
6under ch. 770 who is living at the time of the death of the employee, and who is
7likewise wholly dependent upon the employee for support.
Such That payment shall
8commence at the time that primary death benefit payments are completed
, or
, if
9advancement of compensation has been paid
, at the time when payments would
10normally have been completed. Payments shall continue at the rate of 10% of the
11surviving parent's weekly indemnity until the child's 18th birthday. If the child is
12physically or mentally incapacitated,
such payments may be continued beyond the
13child's 18th birthday but the payments may not continue for more than a total of 15
14years.
AB75, s. 2161
15Section
2161. 102.49 (2) of the statutes is amended to read:
AB75,1191,2116
102.49
(2) A child lawfully adopted by the deceased employee and the surviving
17spouse
or domestic partner under ch. 770, prior to the time of the injury, and a child
18not the deceased employee's own by birth or adoption but living with the deceased
19employee as a member of the deceased employee's family at the time of the injury
20shall for the purpose of this section be taken as a child by their marriage
or domestic
21partnership under ch. 770.
AB75, s. 2162
22Section
2162. 102.49 (3) of the statutes is amended to read:
AB75,1192,623
102.49
(3) If the employee leaves a spouse
or domestic partner under ch. 770 24wholly dependent and also a child by a former marriage
, domestic partnership under
25ch. 770, or adoption, likewise wholly dependent, aggregate benefits shall be the same
1in amount as if the child were the child of the surviving spouse
or partner, and the
2entire benefit shall be apportioned to the dependents in the amounts that the
3department
shall determine determines to be just, considering the ages of the
4dependents and other factors bearing on dependency. The benefit awarded to the
5surviving spouse
or partner shall not exceed 4 times the average annual earnings of
6the deceased employee.
AB75, s. 2163
7Section
2163. 102.51 (1) (a) 2m. of the statutes is created to read:
AB75,1192,98
102.51
(1) (a) 2m. A domestic partner under ch. 770 upon his or her partner
9with whom he or she is living at the time of the partner's death.
AB75, s. 2164
10Section
2164. 102.51 (2) (a) of the statutes is amended to read:
AB75,1192,1411
102.51
(2) (a) No person shall be considered a dependent unless that person is
12a spouse,
a domestic partner under ch. 770, a divorced spouse who has not remarried
, 13or a lineal descendant, lineal ancestor, brother, sister
, or other member of the family,
14whether by blood or by adoption, of the deceased employee.
AB75, s. 2165
15Section
2165. 102.51 (6) of the statutes is amended to read:
AB75,1192,2116
102.51
(6) Division among dependents. Benefits accruing to a minor dependent
17child may be awarded to either parent in the discretion of the department.
18Notwithstanding sub. (1), the department may reassign the death benefit, in
19accordance with their respective needs
therefor for the death benefit as between a
20surviving spouse
or a domestic partner under ch. 770 and children designated in sub.
21(1) and s. 102.49.
AB75, s. 2166
22Section
2166. 102.64 (1) of the statutes is amended to read:
AB75,1193,923
102.64
(1) Upon request of the department of administration, a representative
24of the department of justice shall represent the state in cases involving payment into
25or out of the state treasury under s. 20.865 (1) (fm), (kr)
, or (ur) or 102.29. The
1department of justice, after giving notice to the department of administration, may
2compromise the amount of
such those payments but such compromises shall be
3subject to review by the department of workforce development. If the spouse
or
4domestic partner under ch. 770 of the deceased employee compromises his or her
5claim for a primary death benefit, the claim of the children of
such the employee
6under s. 102.49 shall be compromised on the same proportional basis, subject to
7approval by the department. If the persons entitled to compensation on the basis of
8total dependency under s. 102.51 (1) compromise their claim, payments under s.
9102.49 (5) (a) shall be compromised on the same proportional basis.
AB75, s. 2167
10Section
2167. 102.64 (2) of the statutes is amended to read:
AB75,1193,2211
102.64
(2) Upon request of the department of administration, the attorney
12general shall appear on behalf of the state in proceedings upon claims for
13compensation against the state.
The Except is provided in s. 102.65 (3), the 14department of justice shall represent the interests of the state in proceedings under
15s. 102.49, 102.59, 102.60, or 102.66. The department of justice may compromise
16claims in those proceedings, but the compromises are subject to review by the
17department of workforce development. Costs incurred by the department of justice
18in prosecuting or defending any claim for payment into or out of the work injury
19supplemental benefit fund under s. 102.65, including expert witness and witness
20fees
, but not including attorney fees or attorney travel expenses for services
21performed under this subsection, shall be paid from the work injury supplemental
22benefit fund.
AB75, s. 2168
23Section
2168. 102.65 (3) of the statutes is created to read:
AB75,1194,1124
102.65
(3) In addition to the department of justice representing the interests
25of the state in proceedings under s. 102.49, 102.59, 102.60, or 102.66 as provided in
1s. 102.64 (2), the department of workforce development may retain the department
2of administration or an insurance service organization to prosecute or defend claims
3for payments into or out of the fund, except that the department of justice shall
4appear on behalf of the state in administrative hearings or court proceedings on such
5claims. A person retained under this subsection may compromise a claim processed
6by that person, but a compromise made by that person is subject to review by the
7department of workforce development. Costs incurred by a person retained under
8this subsection in prosecuting or defending any claim for payment into or out of the
9fund, including expert witness and witness fees, but not including attorney fees or
10attorney travel expenses for services performed under this subsection, shall be paid
11from the fund.
AB75, s. 2169
12Section
2169. 103.10 (1) (a) (intro.) of the statutes is amended to read:
AB75,1194,1413
103.10
(1) (a) (intro.) "Child" means a natural, adopted,
foster or treatment or 14foster child, a stepchild
, or a legal ward to whom any of the following applies:
AB75, s. 2170
15Section
2170. 103.10 (1) (ar) of the statutes is created to read:
AB75,1194,1716
103.10
(1) (ar) "Domestic partner" has the meaning given in s. 40.02 (21c) or
17770.01 (1).
AB75, s. 2171
18Section
2171. 103.10 (1) (b) of the statutes is amended to read:
AB75,1194,2019
103.10
(1) (b) "Employee" means an individual employed in this state by an
20employer, except the employer's parent, spouse
, domestic partner, or child.
AB75, s. 2172
21Section
2172. 103.10 (1) (f) of the statutes is amended to read:
AB75,1194,2422
103.10
(1) (f) "Parent" means a natural parent, foster parent, treatment foster
23parent, adoptive parent, stepparent
, or legal guardian of an employee or
of an
24employee's spouse
or domestic partner.
AB75, s. 2173
1Section
2173
. 103.10 (1) (f) of the statutes, as affected by 2009 Wisconsin Act
2.... (this act), is amended to read:
AB75,1195,53
103.10
(1) (f) "Parent" means a natural parent, foster parent,
treatment foster
4parent, adoptive parent, stepparent, or legal guardian of an employee or of an
5employee's spouse or domestic partner.
AB75, s. 2174
6Section
2174. 103.10 (3) (b) 3. of the statutes is amended to read:
AB75,1195,97
103.10
(3) (b) 3. To care for the employee's child, spouse
, domestic partner, or
8parent, if the child, spouse
, domestic partner, or parent has a serious health
9condition.
AB75, s. 2175
10Section
2175. 103.10 (6) (b) (intro.) of the statutes is amended to read:
AB75,1195,1411
103.10
(6) (b) (intro.) If an employee intends to take family leave because of the
12planned medical treatment or supervision of a child, spouse
, domestic partner, or
13parent or intends to take medical leave because of the planned medical treatment or
14supervision of the employee, the employee shall do all of the following:
AB75, s. 2176
15Section
2176. 103.10 (6) (b) 1. of the statutes is amended to read:
AB75,1195,1916
103.10
(6) (b) 1. Make a reasonable effort to schedule the medical treatment
17or supervision so that it does not unduly disrupt the employer's operations, subject
18to the approval of the health care provider of the child, spouse,
domestic partner, 19parent
, or employee.
AB75, s. 2177
20Section
2177. 103.10 (7) (a) of the statutes is amended to read:
AB75,1195,2521
103.10
(7) (a) If an employee requests family leave for a reason described in sub.
22(3) (b) 3. or requests medical leave, the employer may require the employee to provide
23certification, as described in par. (b), issued by the health care provider or Christian
24Science practitioner of the child, spouse,
domestic partner, parent
, or employee,
25whichever is appropriate.
AB75, s. 2178
1Section
2178. 103.10 (7) (b) 1. of the statutes is amended to read:
AB75,1196,32
103.10
(7) (b) 1. That the child, spouse,
domestic partner, parent
, or employee
3has a serious health condition.
AB75, s. 2179
4Section
2179. 103.10 (12) (bm) of the statutes is created to read:
AB75,1196,115
103.10
(12) (bm) If the department finds no probable cause to believe that a
6violation of sub. (11) (a) or (b) has occurred, the department shall dismiss the
7complaint. If the department dismisses the complaint, the order of dismissal is the
8final determination of the department, which may be appealed under s. 227.52. The
9department shall, by a notice to be served with the determination, notify the parties
10of the complainant's right to appeal the dismissal of the complaint to the circuit court
11under s. 227.52.
AB75, s. 2180
12Section
2180. 103.10 (12) (c) of the statutes is amended to read:
AB75,1196,1813
103.10
(12) (c) If 2 or more health care providers disagree about any of the
14information required to be certified under sub. (7) (b), the department may appoint
15another health care provider to examine the child, spouse,
domestic partner, parent
, 16or employee and render an opinion as soon as possible. The department shall
17promptly notify the employee and the employer of the appointment. The employer
18and the employee shall each pay 50% of the cost of the examination and opinion.
AB75, s. 2181
19Section
2181. 103.165 (3) (a) 1. of the statutes is amended to read:
AB75,1196,2120
103.165
(3) (a) 1. The decedent's surviving spouse
or domestic partner under
21ch. 770.
AB75, s. 2182
22Section
2182. 103.165 (3) (a) 2. of the statutes is amended to read:
AB75,1196,2423
103.165
(3) (a) 2. The decedent's children if the decedent
shall leave leaves no
24surviving spouse
or domestic partner under ch. 770.
AB75, s. 2183
25Section
2183. 103.165 (3) (a) 3. of the statutes is amended to read:
AB75,1197,2
1103.165
(3) (a) 3. The decedent's father or mother if the decedent
shall leave 2leaves no surviving spouse
, domestic partner under ch. 770, or children.
AB75, s. 2184
3Section
2184. 103.165 (3) (a) 4. of the statutes is amended to read:
AB75,1197,54
103.165
(3) (a) 4. The decedent's brother or sister if the decedent
shall leave 5leaves no surviving spouse,
domestic partner under ch. 770, children
, or parent.
AB75, s. 2185
6Section
2185. 103.165 (3) (c) of the statutes is amended to read:
AB75,1197,127
103.165
(3) (c) The amount of the cash bond, together with principal and
8interest, to which the deceased employee would have been entitled had the deceased
9employee lived, shall, as soon as paid out by the depository, be turned over to the
10relative of the deceased employee person designated under par. (a) effecting the
11accounting and withdrawal with the employer. The turning over shall be a discharge
12and release of the employer to the amount of the payment.
AB75, s. 2186
13Section
2186. 103.165 (3) (d) of the statutes is amended to read:
AB75,1197,1914
103.165
(3) (d) If no
relatives persons designated under par. (a) survive, the
15employer may apply the cash bond, or so much of the cash bond as may be necessary,
16to paying creditors of the decedent in the order of preference prescribed in s. 859.25
17for satisfaction of debts by personal representatives. The making of payment under
18this paragraph shall be a discharge and release of the employer to the amount of the
19payment.
AB75, s. 2187
20Section
2187. 103.49 (1) (bm) of the statutes is repealed.
AB75, s. 2188
21Section
2188. 103.49 (1) (e) of the statutes is repealed.
AB75, s. 2189
22Section
2189. 103.49 (3) (ar) of the statutes is amended to read:
AB75,1198,323
103.49
(3) (ar) In determining prevailing wage rates under par. (a) or (am), the
24department may not use data from projects that are subject to this section, s. 66.0903,
2566.0904, 103.50
, or 229.8275 or
40 USC 276a 3142 unless the department determines
1that there is insufficient wage data in the area to determine those prevailing wage
2rates, in which case the department may use data from projects that are subject to
3this section, s. 66.0903,
66.0904, 103.50
, or 229.8275 or
40 USC 276a 3142.
AB75, s. 2190
4Section
2190. 103.49 (3g) of the statutes is amended to read:
AB75,1198,105
103.49
(3g) Nonapplicability. This section does not apply to any
single-trade 6public works project for which the estimated project cost of completion is less than
7$30,000 or an amount determined by the department under s. 66.0903 (5) or to any
8multiple-trade public works project for which the estimated project cost of
9completion is less than $150,000 or an amount determined by the department under
10s. 66.0903 (5) $2,000.
AB75, s. 2191
11Section
2191. 103.49 (5) (a) of the statutes is amended to read:
AB75,1198,2112
103.49
(5) (a) Each contractor, subcontractor
, or contractor's or subcontractor's
13agent performing work on a project that is subject to this section shall keep full and
14accurate records clearly indicating the name and trade or occupation of every person
15performing the work described in sub. (2m) and an accurate record of the number of
16hours worked by each of those persons and the actual wages paid for the hours
17worked.
By no later than the end of the week following a week in which a contractor,
18subcontractor, or contractor's or subcontractor's agent performs work on a project
19that is subject to this section, the contractor, subcontractor, or agent shall submit to
20the state agency authorizing the work a certified record of the information specified
21in the preceding sentence for that preceding week.
AB75, s. 2192
22Section
2192. 103.49 (5) (c) of the statutes is amended to read:
AB75,1199,1623
103.49
(5) (c) If requested by any person, the department shall inspect the
24payroll records of any contractor, subcontractor
, or agent performing work on a
25project that is subject to this section to ensure compliance with this section.
If In the
1case of a request made by a person performing the work specified in sub. (2m), if the
2department finds that the contractor, subcontractor
, or agent subject to the
3inspection is
found to be in compliance and
if the person making the request is a
4person performing the work specified in sub. (2m) that the request is frivolous, the
5department shall charge the person making the request the actual cost of the
6inspection.
If In the case of a request made by a person not performing the work
7specified in sub. (2m), if the department finds that the contractor, subcontractor
, or
8agent subject to the inspection is
found to be in compliance and
if the person making
9the request is not a person performing the work specified in sub. (2m) that the
10request is frivolous, the department shall charge the person making the request $250
11or the actual cost of the inspection, whichever is greater.
In order to find that a
12request is frivolous, the department must find that the person making the request
13made the request in bad faith, solely for the purpose of harassing or maliciously
14injuring the contractor, subcontractor, or agent subject to the inspection, or that the
15person making the request knew, or should have known, that there was no
16reasonable basis for believing that a violation of this section had been committed.
AB75, s. 2193
17Section
2193. 103.49 (6m) (d) of the statutes is amended to read:
AB75,1199,2318
103.49
(6m) (d) Whoever induces any person who seeks to be or is employed
19on any project that is subject to this section to permit any part of the wages to which
20the person is entitled under the contract governing the project to be deducted from
21the person's pay is guilty of an offense under s. 946.15 (3), unless the deduction would
22be permitted under
29 CFR 3.5 or
3.6 from a person who is working on a project that
23is subject to
40 USC 276c 3142.
AB75, s. 2194
24Section
2194. 103.49 (6m) (e) of the statutes is amended to read:
AB75,1200,6
1103.49
(6m) (e) Any person employed on a project that is subject to this section
2who knowingly permits any part of the wages to which he or she is entitled under the
3contract governing the project to be deducted from his or her pay is guilty of an
4offense under s. 946.15 (4), unless the deduction would be permitted under
29 CFR
53.5 or
3.6 from a person who is working on a project that is subject to
40 USC 276c 63142.
AB75, s. 2195
7Section
2195. 103.50 (2) of the statutes is amended to read:
AB75,1200,198
103.50
(2) Prevailing wage rates and hours of labor. No person performing
9the work described in sub. (2m) in the employ of a contractor, subcontractor, agent
10or other person performing any work on a project under a contract based on bids as
11provided in s. 84.06 (2)
, or under a contract utilizing the design-build procurement
12process under s. 84.06 (2m), to which the state is a party for the construction or
13improvement of any highway may be permitted to work a greater number of hours
14per day or per week than the prevailing hours of labor; nor may he or she be paid a
15lesser rate of wages than the prevailing wage rate in the area in which the work is
16to be done determined under sub. (3); except that any such person may be permitted
17or required to work more than such prevailing hours of labor per day and per week
18if he or she is paid for all hours worked in excess of the prevailing hours of labor at
19a rate of at least 1.5 times his or her hourly basic rate of pay.
AB75, s. 2196
20Section
2196. 103.50 (4m) of the statutes is amended to read:
AB75,1200,2321
103.50
(4m) Wage rate data. In determining prevailing wage rates for projects
22that are subject to this section, the department shall use data from projects that are
23subject to this section, s. 66.0903
, 66.0904, or 103.49 or
40 USC 276a 3142.
AB75, s. 2197
24Section
2197. 103.50 (7) (d) of the statutes is amended to read: