AB75: Bill Text

AB75,1194,11 102.65 (3) In addition to the department of justice representing the interests of the state in proceedings under s. 102.49, 102.59, 102.60, or 102.66 as provided in s. 102.64 (2), the department of workforce development may retain the department of administration or an insurance service organization to prosecute or defend claims for payments into or out of the fund, except that the department of justice shall appear on behalf of the state in administrative hearings or court proceedings on such claims. A person retained under this subsection may compromise a claim processed by that person, but a compromise made by that person is subject to review by the department of workforce development. Costs incurred by a person retained under this subsection in prosecuting or defending any claim for payment into or out of the fund, including expert witness and witness fees, but not including attorney fees or attorney travel expenses for services performed under this subsection, shall be paid from the fund.

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

AB75,1194,14 103.10 (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, s. 2170 Section 2170. 103.10 (1) (ar) of the statutes is created to read:

AB75,1194,17 103.10 (1) (ar) "Domestic partner" has the meaning given in s. 40.02 (21c) or 770.01 (1).

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

AB75,1194,20 103.10 (1) (b) "Employee" means an individual employed in this state by an employer, except the employer's parent, spouse, domestic partner, or child.

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

AB75,1194,24 103.10 (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, s. 2173 Section 2173 . 103.10 (1) (f) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:

AB75,1195,5 103.10 (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, s. 2174 Section 2174. 103.10 (3) (b) 3. of the statutes is amended to read:

AB75,1195,9 103.10 (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, s. 2175 Section 2175. 103.10 (6) (b) (intro.) of the statutes is amended to read:

AB75,1195,14 103.10 (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, s. 2176 Section 2176. 103.10 (6) (b) 1. of the statutes is amended to read:

AB75,1195,19 103.10 (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, s. 2177 Section 2177. 103.10 (7) (a) of the statutes is amended to read:

AB75,1195,25 103.10 (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, s. 2178 Section 2178. 103.10 (7) (b) 1. of the statutes is amended to read:

AB75,1196,3 103.10 (7) (b) 1. That the child, spouse, domestic partner, parent, or employee has a serious health condition.

AB75, s. 2179 Section 2179. 103.10 (12) (bm) of the statutes is created to read:

AB75,1196,11 103.10 (12) (bm) If the department finds no probable cause to believe that a violation of sub. (11) (a) or (b) has occurred, the department shall dismiss the complaint. If the department dismisses the complaint, the order of dismissal is the final determination of the department, which may be appealed under s. 227.52. The department shall, by a notice to be served with the determination, notify the parties of the complainant's right to appeal the dismissal of the complaint to the circuit court under s. 227.52.

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

AB75,1196,18 103.10 (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, s. 2181 Section 2181. 103.165 (3) (a) 1. of the statutes is amended to read:

AB75,1196,21 103.165 (3) (a) 1. The decedent's surviving spouse or domestic partner under ch. 770.

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

AB75,1196,24 103.165 (3) (a) 2. The decedent's children if the decedent shall leave leaves no surviving spouse or domestic partner under ch. 770.

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

AB75,1197,2 103.165 (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, s. 2184 Section 2184. 103.165 (3) (a) 4. of the statutes is amended to read:

AB75,1197,5 103.165 (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, s. 2185 Section 2185. 103.165 (3) (c) of the statutes is amended to read:

AB75,1197,12 103.165 (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, s. 2186 Section 2186. 103.165 (3) (d) of the statutes is amended to read:

AB75,1197,19 103.165 (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, s. 2187 Section 2187. 103.49 (1) (bm) of the statutes is repealed.

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

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

AB75,1198,3 103.49 (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, s. 2190 Section 2190. 103.49 (3g) of the statutes is amended to read:

AB75,1198,10 103.49 (3g) Nonapplicability. This section does not apply to any single-trade public works project 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) $2,000.

AB75, s. 2191 Section 2191. 103.49 (5) (a) of the statutes is amended to read:

AB75,1198,21 103.49 (5) (a) Each contractor, subcontractor, or contractor's or subcontractor's agent performing work on a project that is subject to this section shall keep full and accurate records clearly indicating the name and trade or occupation of every person performing the work described in sub. (2m) and an accurate record of the number of hours worked by each of those persons and the actual wages paid for the hours worked. By no later than the end of the week following a week in which a contractor, subcontractor, or contractor's or subcontractor's agent performs work on a project that is subject to this section, the contractor, subcontractor, or agent shall submit to the state agency authorizing the work a certified record of the information specified in the preceding sentence for that preceding week.

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

AB75,1199,16 103.49 (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.

AB75, s. 2193 Section 2193. 103.49 (6m) (d) of the statutes is amended to read:

AB75,1199,23 103.49 (6m) (d) Whoever induces any person who seeks to be or is employed on any project that is subject to this section to permit any part of the wages to which the person is entitled under the contract governing the project to be deducted from the person's pay is guilty of an offense under s. 946.15 (3), unless the deduction would be permitted under 29 CFR 3.5 or 3.6 from a person who is working on a project that is subject to 40 USC 276c 3142.

AB75, s. 2194 Section 2194. 103.49 (6m) (e) of the statutes is amended to read:

AB75,1200,6 103.49 (6m) (e) Any person employed on a project that is subject to this section who knowingly permits any part of the wages to which he or she is entitled under the contract governing the project to be deducted from his or her pay is guilty of an offense under s. 946.15 (4), unless the deduction would be permitted under 29 CFR 3.5 or 3.6 from a person who is working on a project that is subject to 40 USC 276c 3142.

AB75, s. 2195 Section 2195. 103.50 (2) of the statutes is amended to read:

AB75,1200,19 103.50 (2) Prevailing wage rates and hours of labor. No person performing the work described in sub. (2m) in the employ of a contractor, subcontractor, agent or other person performing any work on a project under a contract based on bids as provided in s. 84.06 (2), or under a contract utilizing the design-build procurement process under s. 84.06 (2m), to which the state is a party for the construction or improvement of any highway may be permitted to work a greater number of hours per day or per week than the prevailing hours of labor; nor may he or she be paid a lesser rate of wages than the prevailing wage rate in the area in which the work is to be done determined under sub. (3); 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.

AB75, s. 2196 Section 2196. 103.50 (4m) of the statutes is amended to read:

AB75,1200,23 103.50 (4m) Wage rate data. In determining prevailing wage rates for projects that are subject to this section, the department shall use data from projects that are subject to this section, s. 66.0903, 66.0904, or 103.49 or 40 USC 276a 3142.

AB75, s. 2197 Section 2197. 103.50 (7) (d) of the statutes is amended to read:

AB75,1201,6 103.50 (7) (d) Whoever induces any person who seeks to be or is employed on any project that is subject to this section to permit any part of the wages to which the person is entitled under the contract governing the project to be deducted from the person's pay is guilty of an offense under s. 946.15 (3), unless the deduction would be permitted under 29 CFR 3.5 or 3.6 from a person who is working on a project that is subject to 40 USC 276c 3142.

AB75, s. 2198 Section 2198. 103.50 (7) (e) of the statutes is amended to read:

AB75,1201,13 103.50 (7) (e) Any person employed on a project that is subject to this section who knowingly permits any part of the wages to which he or she is entitled under the contract governing the project to be deducted from his or her pay is guilty of an offense under s. 946.15 (4), unless the deduction would be permitted under 29 CFR 3.5 or 3.6 from a person who is working on a project that is subject to 40 USC 276c 3142.

AB75, s. 2199 Section 2199. 103.503 (title) of the statutes is amended to read:

AB75,1201,16 103.503 (title) Substance abuse prevention on public works and publicly funded projects.

AB75, s. 2200 Section 2200. 103.503 (1) (a) of the statutes is amended to read:

AB75,1201,22 103.503 (1) (a) "Accident" means an incident caused, contributed to, or otherwise involving an employee that resulted or could have resulted in death, personal injury, or property damage and that occurred while the employee was performing the work described in s. 66.0903 (4), 66.0904 (3), or 103.49 (2m) on a project.

AB75, s. 2201 Section 2201. 103.503 (1) (c) of the statutes is amended to read:

AB75,1202,2 103.503 (1) (c) "Contracting agency" means a local governmental unit, as defined in s. 66.0903 (1) (d), or a state agency, as defined in s. 103.49 (1) (f), or an owner or developer under s. 66.0904 that has contracted for the performance of work on a project.

AB75, s. 2202 Section 2202. 103.503 (1) (e) of the statutes is amended to read:

AB75,1202,6 103.503 (1) (e) "Employee" means a laborer, worker, mechanic, or truck driver who performs the work described in s. 66.0903 (4), 66.0904 (3), or 103.49 (2m) on a project.

AB75, s. 2203 Section 2203. 103.503 (1) (g) of the statutes is amended to read:

AB75,1202,10 103.503 (1) (g) "Project" mean a project of public works that is subject to s. 66.0903 or 103.49 or a publicly funded private construction project that is subject to s. 66.0904.

AB75, s. 2204 Section 2204. 103.503 (2) of the statutes is amended to read:

AB75,1202,18 103.503 (2) Substance abuse prohibited. No employee may use, possess, attempt to possess, distribute, deliver, or be under the influence of a drug, or use or be under the influence of alcohol, while performing the work described in s. 66.0903 (4), 66.0904 (3), or 103.49 (2m) on a project. An employee is considered to be under the influence of alcohol for purposes of this subsection if he or she has an alcohol concentration that is equal to or greater than the amount specified in s. 885.235 (1g) (d).

AB75, s. 2205 Section 2205. 103.503 (3) (a) 2. of the statutes is amended to read:

AB75,1203,2 103.503 (3) (a) 2. A requirement that employees performing the work described in s. 66.0903 (4), 66.0904 (3), or 103.49 (2m) on a project submit to random, reasonable suspicion, and post-accident drug and alcohol testing and to drug and alcohol testing before commencing work on a project, except that testing of an employee before commencing work on a project is not required if the employee has been participating in a random testing program during the 90 days preceding the date on which the employee commenced work on the project.

AB75, s. 2206 Section 2206. 103.805 (1) of the statutes is amended to read:

AB75,1203,10 103.805 (1) The department shall fix and collect a reasonable fee based on the cost of for the issuance of permits under ss. 103.25 and 103.71 and certificates of age under s. 103.75. The department may authorize the retention of the fees by the person designated to issue permits and certificates of age as compensation for the person's services if the person is not on the payroll of the division administering this chapter. The permit officer shall account for all fees collected as the department prescribes.

AB75, s. 2207 Section 2207. 104.001 (3) (am) of the statutes is created to read:

AB75,1203,15 104.001 (3) (am) The requirement that employees employed on a publicly funded private construction project for which a city, village, town, or county provides financial assistance, as defined in s. 66.0904 (1) (c), be paid at the prevailing wage rate, as defined in s. 66.0904 (1) (h), as required under s. 66.0904.

AB75, s. 2208 Section 2208. 106.50 (6) (c) 4. of the statutes is amended to read:

AB75,1204,2 106.50 (6) (c) 4. If the department initially determines that there is no probable cause to believe that discrimination occurred as alleged in the complaint, it may the department shall dismiss those allegations. If the department dismisses those allegations, the order of dismissal is the final determination of the department, which may be appealed under par. (j). The department shall, by a notice to be served with the determination, notify the parties of the complainant's right to appeal the dismissal of the claim to the secretary for a hearing on the issue by a hearing examiner circuit court under par. (j). Service of the determination shall be made by certified mail, return receipt requested. If the hearing examiner determines that no probable cause exists, that determination is the final determination of the department and may be appealed under par. (j).

AB75, s. 2209 Section 2209. 106.52 (4) (a) 4m. of the statutes is created to read:

AB75,1204,10 106.52 (4) (a) 4m. If the department finds no probable cause to believe that any act prohibited under sub. (3) has been or is being committed, the department shall dismiss the complaint. If the department dismisses the complaint, the order of dismissal is the final determination of the department, which may be appealed under par. (c). The department shall, by a notice to be served with the determination, notify the parties of the complainant's right to appeal the dismissal of the complaint to the circuit court under par. (c).

AB75, s. 2210 Section 2210. 106.52 (4) (c) of the statutes is amended to read:

AB75,1204,25 106.52 (4) (c) Judicial review. Within 30 days after service upon all parties of an order of the department under par. (a) 4m. or an order of the commission under par. (b), the respondent or complainant may appeal the order to the circuit court for the county in which the alleged act prohibited under sub. (3) took place by the filing of a petition for review. The complainant appealing an order of the department shall receive a hearing on the issue of whether there is probable cause to believe that any act prohibited under sub. (3) has been or is being committed. The respondent or complainant appealing an order of the commission shall receive a new trial on all issues relating to any alleged act prohibited under sub. (3) and a further right to a trial by jury, if so desired. The department of justice shall represent the department or commission. In any such trial the burden shall be to prove an act prohibited under sub. (3) by a fair preponderance of the evidence. Costs in an amount not to exceed $100 plus actual disbursements for the attendance of witnesses may be taxed to the prevailing party on the appeal.

AB75, s. 2211 Section 2211. 109.03 (3) (a) of the statutes is amended to read:

AB75,1205,5 109.03 (3) (a) In case of the death of an employee to whom wages are due, the full amount of the wages due shall upon demand be paid by the employer to the spouse, domestic partner under ch. 770, children, or other dependent living with the employee at the time of death.

AB75, s. 2212 Section 2212. 109.03 (3) (b) of the statutes is amended to read:

AB75,1205,11 109.03 (3) (b) An employer may, not less than 5 days after the death of an employee and before the filing of a petition or application for administration of the decedent's estate, make payments of the wage due the deceased employee to the spouse, domestic partner under ch. 770, children, parents, or siblings of the decedent, giving preference in the order listed.

AB75, s. 2213 Section 2213. 109.03 (3) (c) of the statutes is amended to read: