AB75-SSA1,1162,2015 102.51 (6) Division among dependents. Benefits accruing to a minor dependent
16child may be awarded to either parent in the discretion of the department.
17Notwithstanding sub. (1), the department may reassign the death benefit, in
18accordance with their respective needs therefor for the death benefit as between a
19surviving spouse or a domestic partner under ch. 770 and children designated in sub.
20(1) and s. 102.49.
AB75-SSA1, s. 2166 21Section 2166. 102.64 (1) of the statutes is amended to read:
AB75-SSA1,1163,822 102.64 (1) Upon request of the department of administration, a representative
23of the department of justice shall represent the state in cases involving payment into
24or out of the state treasury under s. 20.865 (1) (fm), (kr), or (ur) or 102.29. The
25department of justice, after giving notice to the department of administration, may

1compromise the amount of such those payments but such compromises shall be
2subject to review by the department of workforce development. If the spouse or
3domestic partner under ch. 770
of the deceased employee compromises his or her
4claim for a primary death benefit, the claim of the children of such the employee
5under s. 102.49 shall be compromised on the same proportional basis, subject to
6approval by the department. If the persons entitled to compensation on the basis of
7total dependency under s. 102.51 (1) compromise their claim, payments under s.
8102.49 (5) (a) shall be compromised on the same proportional basis.
AB75-SSA1, s. 2169 9Section 2169. 103.10 (1) (a) (intro.) of the statutes is amended to read:
AB75-SSA1,1163,1110 103.10 (1) (a) (intro.) "Child" means a natural, adopted, foster or treatment or
11foster child, a stepchild, or a legal ward to whom any of the following applies:
AB75-SSA1, s. 2170 12Section 2170. 103.10 (1) (ar) of the statutes is created to read:
AB75-SSA1,1163,1413 103.10 (1) (ar) "Domestic partner" has the meaning given in s. 40.02 (21c) or
14770.01 (1).
AB75-SSA1, s. 2171 15Section 2171. 103.10 (1) (b) of the statutes is amended to read:
AB75-SSA1,1163,1716 103.10 (1) (b) "Employee" means an individual employed in this state by an
17employer, except the employer's parent, spouse, domestic partner, or child.
AB75-SSA1, s. 2171r 18Section 2171r. 103.10 (1) (e) of the statutes is amended to read:
AB75-SSA1,1163,2019 103.10 (1) (e) "Health care provider" means a person described under s. 146.81
20(1) (a) to (p), but does not include a person described under s. 146.81 (1) (hp).
AB75-SSA1, s. 2172 21Section 2172. 103.10 (1) (f) of the statutes is amended to read:
AB75-SSA1,1163,2422 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-SSA1, 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-SSA1,1164,53 103.10 (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-SSA1, s. 2174 6Section 2174. 103.10 (3) (b) 3. of the statutes is amended to read:
AB75-SSA1,1164,97 103.10 (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-SSA1, s. 2175 10Section 2175. 103.10 (6) (b) (intro.) of the statutes is amended to read:
AB75-SSA1,1164,1411 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-SSA1, s. 2176 15Section 2176. 103.10 (6) (b) 1. of the statutes is amended to read:
AB75-SSA1,1164,1916 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-SSA1, s. 2177 20Section 2177. 103.10 (7) (a) of the statutes is amended to read:
AB75-SSA1,1164,2521 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-SSA1, s. 2178
1Section 2178. 103.10 (7) (b) 1. of the statutes is amended to read:
AB75-SSA1,1165,32 103.10 (7) (b) 1. That the child, spouse, domestic partner, parent, or employee
3has a serious health condition.
AB75-SSA1, s. 2180 4Section 2180. 103.10 (12) (c) of the statutes is amended to read:
AB75-SSA1,1165,105 103.10 (12) (c) If 2 or more health care providers disagree about any of the
6information required to be certified under sub. (7) (b), the department may appoint
7another health care provider to examine the child, spouse, domestic partner, parent,
8or employee and render an opinion as soon as possible. The department shall
9promptly notify the employee and the employer of the appointment. The employer
10and the employee shall each pay 50% of the cost of the examination and opinion.
AB75-SSA1, s. 2181 11Section 2181. 103.165 (3) (a) 1. of the statutes is amended to read:
AB75-SSA1,1165,1312 103.165 (3) (a) 1. The decedent's surviving spouse or domestic partner under
13ch. 770
.
AB75-SSA1, s. 2182 14Section 2182. 103.165 (3) (a) 2. of the statutes is amended to read:
AB75-SSA1,1165,1615 103.165 (3) (a) 2. The decedent's children if the decedent shall leave leaves no
16surviving spouse or domestic partner under ch. 770.
AB75-SSA1, s. 2183 17Section 2183. 103.165 (3) (a) 3. of the statutes is amended to read:
AB75-SSA1,1165,1918 103.165 (3) (a) 3. The decedent's father or mother if the decedent shall leave
19leaves no surviving spouse, domestic partner under ch. 770, or children.
AB75-SSA1, s. 2184 20Section 2184. 103.165 (3) (a) 4. of the statutes is amended to read:
AB75-SSA1,1165,2221 103.165 (3) (a) 4. The decedent's brother or sister if the decedent shall leave
22leaves no surviving spouse, domestic partner under ch. 770, children, or parent.
AB75-SSA1, s. 2185 23Section 2185. 103.165 (3) (c) of the statutes is amended to read:
AB75-SSA1,1166,424 103.165 (3) (c) The amount of the cash bond, together with principal and
25interest, to which the deceased employee would have been entitled had the deceased

1employee lived, shall, as soon as paid out by the depository, be turned over to the
2relative of the deceased employee person designated under par. (a) effecting the
3accounting and withdrawal with the employer. The turning over shall be a discharge
4and release of the employer to the amount of the payment.
AB75-SSA1, s. 2186 5Section 2186. 103.165 (3) (d) of the statutes is amended to read:
AB75-SSA1,1166,116 103.165 (3) (d) If no relatives persons designated under par. (a) survive, the
7employer may apply the cash bond, or so much of the cash bond as may be necessary,
8to paying creditors of the decedent in the order of preference prescribed in s. 859.25
9for satisfaction of debts by personal representatives. The making of payment under
10this paragraph shall be a discharge and release of the employer to the amount of the
11payment.
AB75-SSA1, s. 2187 12Section 2187. 103.49 (1) (bm) of the statutes is repealed.
AB75-SSA1, s. 2188 13Section 2188. 103.49 (1) (e) of the statutes is repealed.
AB75-SSA1, s. 2188f 14Section 2188f. 103.49 (1m) of the statutes is created to read:
AB75-SSA1,1166,1815 103.49 (1m) Applicability. Subject to sub. (3g), this section applies to any
16project of public works erected, constructed, remodeled, repaired, or demolished for
17the state or a state agency, other than a highway, street, or bridge construction or
18maintenance project, including all of the following:
AB75-SSA1,1166,2119 (a) A building construction project in which the completed building is leased,
20purchased, lease purchased, or otherwise acquired by, or dedicated to, the state in
21lieu of the state or a state agency contracting for the construction of the building.
AB75-SSA1,1166,2422 (b) A road, street, sanitary sewer, or water main project in which the completed
23road, street, sanitary sewer, or water main is dedicated to the state for ownership by
24the state.
AB75-SSA1, s. 2188h 25Section 2188h. 103.49 (2) of the statutes is amended to read:
AB75-SSA1,1167,23
1103.49 (2) Prevailing wage rates and hours of labor. Any contract hereafter
2made for the erection, construction, remodeling, repairing, or demolition of any
3project of public works, except contracts for the construction or maintenance of public
4highways, streets, and bridges,
to which the state or any state agency is a party shall
5contain a stipulation that no person performing the work described in sub. (2m) may
6be permitted to work a greater number of hours per day or per week than the
7prevailing hours of labor, except that any such person may be permitted or required
8to work more than such prevailing hours of labor per day and per week if he or she
9is paid for all hours worked in excess of the prevailing hours of labor at a rate of at
10least 1.5 times his or her hourly basic rate of pay; nor may he or she be paid less than
11the prevailing wage rate determined under sub. (3) in the same or most similar trade
12or occupation in the area wherein such in which the project of public works is
13situated. A reference to the prevailing wage rates determined under sub. (3) and the
14prevailing hours of labor shall be published in the notice issued for the purpose of
15securing bids for the project. If any contract or subcontract for a project that is
16subject to this section is entered into, the prevailing wage rates determined under
17sub. (3) and the prevailing hours of labor shall be physically incorporated into and
18made a part of the contract or subcontract, except that for a minor subcontract, as
19determined by the department, the department shall prescribe by rule the method
20of notifying the minor subcontractor of the prevailing wage rates and prevailing
21hours of labor applicable to the minor subcontract. The prevailing wage rates and
22prevailing hours of labor applicable to a contract or subcontract may not be changed
23during the time that the contract or subcontract is in force.
AB75-SSA1, s. 2188s 24Section 2188s. 103.49 (2m) (b) 3. of the statutes is created to read:
AB75-SSA1,1168,5
1103.49 (2m) (b) 3. The laborer, worker, or mechanic is employed at a
2commercial establishment that regularly supplies plumbing systems, steam or hot
3water systems, sprinkler systems, mechanical systems, or pipework and is employed
4in the fabrication of those systems or that pipework for incorporation into a project
5of public works.
AB75-SSA1, s. 2188t 6Section 2188t. 103.49 (3) (a) of the statutes is amended to read:
AB75-SSA1,1168,217 103.49 (3) (a) Before bids are asked for any work to which this section applies,
8the state agency having the authority to prescribe the specifications shall apply to
9the department to determine the prevailing wage rate for each trade or occupation
10required in the work under contemplation in the area in which the work is to be done
11project is located. The department shall conduct investigations and hold public
12hearings as necessary to define the trades or occupations that are commonly
13employed on projects that are subject to this section and to inform itself as to the
14prevailing wage rates in all areas of the state for those trades or occupations, in order
15to determine the prevailing wage rate for each trade or occupation. The department
16shall issue its determination within 30 days after receiving the request and shall file
17the determination with the requesting state agency. For the information of the
18employees working on the project, the prevailing wage rates determined by the
19department, the prevailing hours of labor and the provisions of subs. (2) and (6m)
20shall be kept posted by the state agency in at least one conspicuous and easily
21accessible place on the site of the project.
AB75-SSA1, s. 2189 22Section 2189. 103.49 (3) (ar) of the statutes is amended to read:
AB75-SSA1,1169,323 103.49 (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-SSA1, s. 2190d 4Section 2190d. 103.49 (3g) of the statutes is renumbered 103.49 (3g) (intro.)
5and amended to read:
AB75-SSA1,1169,76 103.49 (3g) Nonapplicability. (intro.) This section does not apply to any
7single-trade public works project of the following:
AB75-SSA1,1169,12 8(a) A project of public works for which the estimated project cost of completion
9is less than $30,000 or an amount determined by the department under s. 66.0903
10(5) or to any multiple-trade public works project for which the estimated project cost
11of completion is less than $150,000 or an amount determined by the department
12under s. 66.0903 (5)
$25,000.
AB75-SSA1, s. 2190f 13Section 2190f. 103.49 (3g) (b) of the statutes is created to read:
AB75-SSA1,1169,1514 103.49 (3g) (b) A project of public works in which the labor for the project is
15provided by unpaid volunteers.
AB75-SSA1, s. 2190h 16Section 2190h. 103.49 (3g) (c) of the statutes is created to read:
AB75-SSA1,1169,1717 103.49 (3g) (c) Minor service, maintenance, or warranty work.
AB75-SSA1, s. 2191f 18Section 2191f. 103.49 (5) (am) of the statutes is created to read:
AB75-SSA1,1170,519 103.49 (5) (am) 1. Except as provided in this subdivision, by no later than the
20end of the first week of a month following a month in which a contractor,
21subcontractor, or contractor's or subcontractor's agent performs work on a project of
22public works that is subject to this section, the contractor, subcontractor, or agent
23shall submit to the department in an electronic format a certified record of the
24information specified in par. (a) for that preceding month. This requirement does not
25apply with respect to a person performing the work described in sub. (2m) who is

1covered under a collective bargaining agreement. In that case, the contractor,
2subcontractor, or agent shall submit to the department in an electronic format a copy
3of the collective bargaining agreement by no later than the end of the first week of
4the first month in which the contractor, subcontractor, or agent performs work on the
5project of public works.
AB75-SSA1,1170,136 2. The department shall post on its Internet site all certified records and
7collective bargaining agreements submitted to the department under subd. 1.,
8except that the department may not post on that site the name of or any other
9personally identifiable information relating to any employee of a contractor,
10subcontractor, or agent that submits information to the department under subd. 1.
11In this subdivision, "personally identifiable information" does not include an
12employee's trade or occupation, his or her hours of work, or the wages paid for those
13hours worked.
AB75-SSA1, s. 2192 14Section 2192. 103.49 (5) (c) of the statutes is amended to read:
AB75-SSA1,1171,815 103.49 (5) (c) If requested by any person, the department shall inspect the
16payroll records of any contractor, subcontractor, or agent performing work on a
17project that is subject to this section to ensure compliance with this section. If In the
18case of a request made by a person performing the work specified in sub. (2m), if the
19department finds that
the contractor, subcontractor, or agent subject to the
20inspection is found to be in compliance and if the person making the request is a
21person performing the work specified in sub. (2m)
that the request is frivolous, the
22department shall charge the person making the request the actual cost of the
23inspection. If In the case of a request made by a person not performing the work
24specified in sub. (2m), if the department finds that
the contractor, subcontractor, or
25agent subject to the inspection is found to be in compliance and if the person making

1the request is not a person performing the work specified in sub. (2m)
that the
2request is frivolous
, the department shall charge the person making the request $250
3or the actual cost of the inspection, whichever is greater. In order to find that a
4request is frivolous, the department must find that the person making the request
5made the request in bad faith, solely for the purpose of harassing or maliciously
6injuring the contractor, subcontractor, or agent subject to the inspection, or that the
7person making the request knew, or should have known, that there was no
8reasonable basis for believing that a violation of this section had been committed.
AB75-SSA1, s. 2193 9Section 2193. 103.49 (6m) (d) of the statutes is amended to read:
AB75-SSA1,1171,1510 103.49 (6m) (d) Whoever induces any person who seeks to be or is employed
11on any project that is subject to this section to permit any part of the wages to which
12the person is entitled under the contract governing the project to be deducted from
13the person's pay is guilty of an offense under s. 946.15 (3), unless the deduction would
14be permitted under 29 CFR 3.5 or 3.6 from a person who is working on a project that
15is subject to 40 USC 276c 3142.
AB75-SSA1, s. 2194 16Section 2194. 103.49 (6m) (e) of the statutes is amended to read:
AB75-SSA1,1171,2217 103.49 (6m) (e) Any person employed on a project that is subject to this section
18who knowingly permits any part of the wages to which he or she is entitled under the
19contract governing the project to be deducted from his or her pay is guilty of an
20offense under s. 946.15 (4), unless the deduction would be permitted under 29 CFR
213.5
or 3.6 from a person who is working on a project that is subject to 40 USC 276c
223142.
AB75-SSA1, s. 2196 23Section 2196. 103.50 (4m) of the statutes is amended to read:
AB75-SSA1,1172,3
1103.50 (4m) Wage rate data. In determining prevailing wage rates for projects
2that are subject to this section, the department shall use data from projects that are
3subject to this section, s. 66.0903, 66.0904, or 103.49 or 40 USC 276a 3142.
AB75-SSA1, s. 2197 4Section 2197. 103.50 (7) (d) of the statutes is amended to read:
AB75-SSA1,1172,105 103.50 (7) (d) Whoever induces any person who seeks to be or is employed on
6any project that is subject to this section to permit any part of the wages to which the
7person is entitled under the contract governing the project to be deducted from the
8person's pay is guilty of an offense under s. 946.15 (3), unless the deduction would
9be permitted under 29 CFR 3.5 or 3.6 from a person who is working on a project that
10is subject to 40 USC 276c 3142.
AB75-SSA1, s. 2198 11Section 2198. 103.50 (7) (e) of the statutes is amended to read:
AB75-SSA1,1172,1712 103.50 (7) (e) Any person employed on a project that is subject to this section
13who knowingly permits any part of the wages to which he or she is entitled under the
14contract governing the project to be deducted from his or her pay is guilty of an
15offense under s. 946.15 (4), unless the deduction would be permitted under 29 CFR
163.5
or 3.6 from a person who is working on a project that is subject to 40 USC 276c
173142.
AB75-SSA1, s. 2199 18Section 2199. 103.503 (title) of the statutes is amended to read:
AB75-SSA1,1172,20 19103.503 (title) Substance abuse prevention on public works and
20publicly funded
projects.
AB75-SSA1, s. 2200 21Section 2200. 103.503 (1) (a) of the statutes is amended to read:
AB75-SSA1,1173,222 103.503 (1) (a) "Accident" means an incident caused, contributed to, or
23otherwise involving an employee that resulted or could have resulted in death,
24personal injury, or property damage and that occurred while the employee was

1performing the work described in s. 66.0903 (4), 66.0904 (3), or 103.49 (2m) on a
2project.
AB75-SSA1, s. 2201 3Section 2201. 103.503 (1) (c) of the statutes is amended to read:
AB75-SSA1,1173,74 103.503 (1) (c) "Contracting agency" means a local governmental unit, as
5defined in s. 66.0903 (1) (d), or a state agency, as defined in s. 103.49 (1) (f), or an
6owner or developer under s. 66.0904
that has contracted for the performance of work
7on a project.
AB75-SSA1, s. 2202 8Section 2202. 103.503 (1) (e) of the statutes is amended to read:
AB75-SSA1,1173,119 103.503 (1) (e) "Employee" means a laborer, worker, mechanic, or truck driver
10who performs the work described in s. 66.0903 (4), 66.0904 (3), or 103.49 (2m) on a
11project.
AB75-SSA1, s. 2203 12Section 2203. 103.503 (1) (g) of the statutes is amended to read:
AB75-SSA1,1173,1513 103.503 (1) (g) "Project" mean a project of public works that is subject to s.
1466.0903 or 103.49 or a publicly funded private construction project that is subject to
15s. 66.0904
.
AB75-SSA1, s. 2204 16Section 2204. 103.503 (2) of the statutes is amended to read:
AB75-SSA1,1173,2317 103.503 (2) Substance abuse prohibited. No employee may use, possess,
18attempt to possess, distribute, deliver, or be under the influence of a drug, or use or
19be under the influence of alcohol, while performing the work described in s. 66.0903
20(4), 66.0904 (3), or 103.49 (2m) on a project. An employee is considered to be under
21the influence of alcohol for purposes of this subsection if he or she has an alcohol
22concentration that is equal to or greater than the amount specified in s. 885.235 (1g)
23(d).
AB75-SSA1, s. 2205 24Section 2205. 103.503 (3) (a) 2. of the statutes is amended to read:
AB75-SSA1,1174,7
1103.503 (3) (a) 2. A requirement that employees performing the work described
2in s. 66.0903 (4), 66.0904 (3), or 103.49 (2m) on a project submit to random,
3reasonable suspicion, and post-accident drug and alcohol testing and to drug and
4alcohol testing before commencing work on a project, except that testing of an
5employee before commencing work on a project is not required if the employee has
6been participating in a random testing program during the 90 days preceding the
7date on which the employee commenced work on the project.
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