AB75: Bill Text

AB75,1187,13 101.123 (8) (e) Each day that sub. (2m) is violated is a separate violation.

AB75, s. 2151 Section 2151. 101.143 (3) (a) (intro.) of the statutes is amended to read:

AB75,1187,21 101.143 (3) (a) Who may submit a claim. (intro.) Subject to pars. (ab), (ae), (ah), (am) and (ap), an owner or operator or a person owning a home oil tank system may submit a claim to the department for an award under sub. (4) to reimburse the owner or operator or the person for the eligible costs under sub. (4) (b) that the owner or operator or the person incurs because of a petroleum products discharge from a petroleum product storage system or home oil tank system if all of the following apply:

AB75, s. 2152 Section 2152. 101.143 (3) (ab) of the statutes is created to read:

AB75,1188,2 101.143 (3) (ab) Deadline for notifying department. An owner or operator or person owning a home oil tank system is not eligible for an award under this section for costs incurred because of a petroleum product discharge if the owner or operator or person does not notify the department under par. (a) 3. of the discharge, and the potential for submitting a claim under this section, before January 1, 2012.

AB75, s. 2153 Section 2153. 101.143 (4) (ei) 1m. a. of the statutes is amended to read:

AB75,1188,14 101.143 (4) (ei) 1m. a. The owner or operator of the farm tank owns a parcel of 35 or more acres of contiguous land, on which the farm tank is located, which is devoted primarily to agricultural use, as defined in s. 91.01 (1) (2), including land designated by the department of natural resources as part of the ice age trail under s. 23.17, which during the year preceding submission of a first claim under sub. (3) produced gross farm profits, as defined in s. 71.58 (4), of not less than $6,000 or which, during the 3 years preceding that submission produced gross farm profits, as defined in s. 71.58 (4), of not less than $18,000, or a parcel of 35 or more acres, on which the farm tank is located, of which at least 35 acres, during part or all of the year preceding that submission, were enrolled in the conservation reserve program under 16 USC 3831 to 3836.

AB75, s. 2154 Section 2154. 101.143 (4) (ei) 1m. b. of the statutes is amended to read:

AB75,1189,2 101.143 (4) (ei) 1m. b. The claim is submitted by a person who, at the time that the notification was made under sub. (3) (a) 3., was the owner of the farm tank and owned a parcel of 35 or more acres of contiguous land, on which the farm tank is or was located, which was devoted primarily to agricultural use, as defined in s. 91.01 (1) (2), including land designated by the department of natural resources as part of the ice age trail under s. 23.17, which during the year preceding that notification produced gross farm profits, as defined in s. 71.58 (4), of not less than $6,000 or which, during the 3 years preceding that notification, produced gross farm profits, as defined in s. 71.58 (4), of not less than $18,000, or a parcel of 35 or more acres, on which the farm tank is located, of which at least 35 acres, during part or all of the year preceding that notification, were enrolled in the conservation reserve program under 16 USC 3831 to 3836.

AB75, s. 2155 Section 2155. 101.1435 of the statutes is created to read:

AB75,1189,6 101.1435 Removal of abandoned underground petroleum storage tanks. (1) In this section, "underground petroleum product storage tank system" has the meaning given in s. 101.143 (1) (i).

AB75,1189,11 (2) The department may contract with a person registered or certified under s. 101.09 (3) to empty, clean, remove, and dispose of an underground petroleum product storage tank system; to assess the site on which the underground petroleum product storage tank system is located; and to backfill the excavation if all of the following apply:

AB75,1189,13 (a) The department determines that the underground petroleum product storage tank system is abandoned.

AB75,1189,19 (b) Using the method that the department uses to determine inability to pay under s. 101.143 (4) (ee), the department determines that the owner of the underground petroleum product storage tank system is unable to pay to empty, clean, remove, and dispose of the underground petroleum product storage tank system; to assess the site on which the underground petroleum product storage tank system is located; and to backfill the excavation.

AB75,1190,2 (3) If the department incurs costs under sub. (2), the department shall record a statement of lien with the register of deeds of the county in which the underground petroleum product storage tank system was located. Upon recording the statement of lien, the department has a lien on the property on which the underground petroleum product storage tank system was located in the amount of the costs incurred. The property remains subject to the lien until that amount is paid in full to the department. The department shall deposit payments received under this subsection into the petroleum inspection fund.

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

AB75,1190,13 101.177 (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, s. 2157 Section 2157. 101.596 of the statutes is repealed.

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

AB75,1190,21 101.9208 (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, s. 2159 Section 2159. 102.475 (6) of the statutes is amended to read:

AB75,1190,25 102.475 (6) Proof. In administering this section the department may require reasonable proof of birth, marriage, domestic partnership under ch. 770, relationship, or dependency.

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

AB75,1191,14 102.49 (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, s. 2161 Section 2161. 102.49 (2) of the statutes is amended to read:

AB75,1191,21 102.49 (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, s. 2162 Section 2162. 102.49 (3) of the statutes is amended to read:

AB75,1192,6 102.49 (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, s. 2163 Section 2163. 102.51 (1) (a) 2m. of the statutes is created to read:

AB75,1192,9 102.51 (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, s. 2164 Section 2164. 102.51 (2) (a) of the statutes is amended to read:

AB75,1192,14 102.51 (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, s. 2165 Section 2165. 102.51 (6) of the statutes is amended to read:

AB75,1192,21 102.51 (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, s. 2166 Section 2166. 102.64 (1) of the statutes is amended to read:

AB75,1193,9 102.64 (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, s. 2167 Section 2167. 102.64 (2) of the statutes is amended to read:

AB75,1193,22 102.64 (2) Upon request of the department of administration, the attorney general shall appear on behalf of the state in proceedings upon claims for compensation against the state. The Except is provided in s. 102.65 (3), the department of justice shall represent the interests of the state in proceedings under s. 102.49, 102.59, 102.60, or 102.66. The department of justice may compromise claims in those proceedings, but the compromises are subject to review by the department of workforce development. Costs incurred by the department of justice in prosecuting or defending any claim for payment into or out of the work injury supplemental benefit fund under s. 102.65, 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 work injury supplemental benefit fund.

AB75, s. 2168 Section 2168. 102.65 (3) of the statutes is created to read:

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.