AB75,1185,86
(e) A person in charge may take measures in addition to those listed in pars.
7(b) and (c) to prevent persons from being exposed to others who are smoking or to
8further ensure compliance with this section.
AB75, s. 2134
9Section
2134. 101.123 (3) (intro.) of the statutes is amended to read:
AB75,1185,1110
101.123
(3) Exceptions. (intro.) The
regulation of prohibition against smoking
11in sub. (2) (a) does not apply to the following
places:
AB75, s. 2135
12Section
2135. 101.123 (3) (a) to (gr) of the statutes are repealed.
AB75, s. 2136
13Section
2136. 101.123 (3) (h) of the statutes is created to read:
AB75,1185,1414
101.123
(3) (h) A private residence.
AB75, s. 2137
15Section
2137. 101.123 (3) (i) of the statutes is created to read:
AB75,1185,1716
101.123
(3) (i) A room used by only one person in an assisted living facility as
17his or her residence.
AB75, s. 2138
18Section
2138. 101.123 (3) (j) of the statutes is created to read:
AB75,1185,2219
101.123
(3) (j) A room in an assisted living facility in which 2 or more persons
20reside if every person who lives in that room smokes and each of those persons has
21made a written request to the person in charge of the assisted living facility to be
22placed in a room where smoking is allowed.
AB75, s. 2139
23Section
2139. 101.123 (3) (k) of the statutes is created to read:
AB75,1185,2524
101.123
(3) (k) A room in a lodging establishment that has been designated as
25a room where smoking is allowed, as provided under sub. (3m).
AB75, s. 2140
1Section
2140. 101.123 (3m) of the statutes is created to read:
AB75,1186,42
101.123
(3m) Lodging. (a) Except as provided in par. (b), the owner of a lodging
3establishment may designate not more than 25 percent of the guest rooms in the
4lodging establishment as guest rooms in which smoking is permitted.
AB75,1186,75
(b) If a lodging establishment has less than 4 rooms, the owner of the lodging
6establishment may designate one guest room as a guest room in which smoking is
7permitted.
AB75, s. 2141
8Section
2141. 101.123 (4) of the statutes is repealed.
AB75, s. 2142
9Section
2142. 101.123 (4m) (title) of the statutes is created to read:
AB75,1186,1010
101.123
(4m) (title)
Local authority.
AB75, s. 2143
11Section
2143. 101.123 (5) of the statutes is repealed.
AB75, s. 2144
12Section
2144. 101.123 (6) of the statutes is amended to read:
AB75,1186,1613
101.123
(6) Uniform signs. The department shall, by rule, specify uniform
14dimensions and other characteristics of
the signs
used to designate smoking areas 15required under sub. (2m). These rules may not require the use of signs that are more
16expensive than is necessary to accomplish their purpose.
AB75, s. 2145
17Section
2145. 101.123 (7) of the statutes is amended to read:
AB75,1186,2018
101.123
(7) Signs for state agencies. The department shall arrange with the
19department of administration to have
the signs prepared and made available to state
20agencies for use in state facilities
that set forth the prohibition against smoking.
AB75, s. 2146
21Section
2146. 101.123 (8) (a) of the statutes is repealed and recreated to read:
AB75,1186,2322
101.123
(8) (a) Any person who violates sub. (2) shall be subject to a forfeiture
23as follows:
AB75,1186,2424
1. Not less than $25 nor more than $50 for the first violation.
AB75,1186,2525
2. Not less than $50 nor more than $100 for the 2nd violation.
AB75,1187,2
13. Not less than $100 nor more than $250 for the 3rd or any subsequent
2violation.
AB75, s. 2147
3Section
2147. 101.123 (8) (b) of the statutes is repealed.
AB75, s. 2148
4Section
2148. 101.123 (8) (c) of the statutes is repealed.
AB75, s. 2149
5Section
2149. 101.123 (8) (d) of the statutes is created to read:
AB75,1187,76
101.123
(8) (d) Any person in charge who violates sub. (2m) shall be subject to
7a forfeiture as follows:
AB75,1187,88
1. Not less than $50 nor more than $100 for the first violation.
AB75,1187,99
2. Not less than $100 nor more than $200 for the 2nd violation.
AB75,1187,1110
3. Not less than $200 nor more than $500 for the 3rd or any subsequent
11violation.
AB75, s. 2150
12Section
2150. 101.123 (8) (e) of the statutes is created to read:
AB75,1187,1313
101.123
(8) (e) Each day that sub. (2m) is violated is a separate violation.
AB75, s. 2151
14Section
2151. 101.143 (3) (a) (intro.) of the statutes is amended to read:
AB75,1187,2115
101.143
(3) (a)
Who may submit a claim. (intro.) Subject to pars.
(ab), (ae), (ah),
16(am) and (ap), an owner or operator or a person owning a home oil tank system may
17submit a claim to the department for an award under sub. (4) to reimburse the owner
18or operator or the person for the eligible costs under sub. (4) (b) that the owner or
19operator or the person incurs because of a petroleum products discharge from a
20petroleum product storage system or home oil tank system if all of the following
21apply:
AB75, s. 2152
22Section
2152. 101.143 (3) (ab) of the statutes is created to read:
AB75,1188,223
101.143
(3) (ab)
Deadline for notifying department. An owner or operator or
24person owning a home oil tank system is not eligible for an award under this section
25for costs incurred because of a petroleum product discharge if the owner or operator
1or person does not notify the department under par. (a) 3. of the discharge, and the
2potential for submitting a claim under this section, before January 1, 2012.
AB75, s. 2153
3Section
2153. 101.143 (4) (ei) 1m. a. of the statutes is amended to read:
AB75,1188,144
101.143
(4) (ei) 1m. a. The owner or operator of the farm tank owns a parcel
5of 35 or more acres of contiguous land, on which the farm tank is located, which is
6devoted primarily to agricultural use, as defined in s. 91.01
(1) (2), including land
7designated by the department of natural resources as part of the ice age trail under
8s. 23.17, which during the year preceding submission of a first claim under sub. (3)
9produced gross farm profits, as defined in s. 71.58 (4), of not less than $6,000 or
10which, during the 3 years preceding that submission produced gross farm profits, as
11defined in s. 71.58 (4), of not less than $18,000, or a parcel of 35 or more acres, on
12which the farm tank is located, of which at least 35 acres, during part or all of the
13year preceding that submission, were enrolled in the conservation reserve program
14under
16 USC 3831 to
3836.
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.