SB1080: Bill Text

2021 - 2022 LEGISLATURE

2021 Senate BILL 1080

March 9, 2022 - Introduced by Senators Johnson, Bewley, Ringhand, Roys and Larson, cosponsored by Representatives Subeck, Conley, Brostoff, Cabrera, Drake, Emerson, Haywood, Hebl, Hesselbein, Hong, Pope, Shankland, Sinicki, Snodgrass, Spreitzer and Vining. Referred to Committee on Government Operations, Legal Review and Consumer Protection.

SB1080,1,4 An Act to repeal 103.10 (1m) (title), (a), (b) (intro.), 1., 2., 3., 4., 5. and 7., (c), (d) and (e); to renumber 103.10 (1m) (b) 6.; and to amend 103.10 (1) (b), 103.10 (1) (c), 103.12 (3) (a), 103.12 (3) (b) and 165.68 (1) (a) 3. of the statutes; relating to: allowing the enactment of local family and medical leave ordinances.

Analysis by the Legislative Reference Bureau

Current law prohibits a city, village, town, or county from enacting and administering an ordinance requiring an employer to provide an employee with leave from employment for certain family or medical reasons. This bill eliminates that prohibition.

For further information see the local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB1080,1 Section 1. 103.10 (1) (b) of the statutes is amended to read:

SB1080,1,8 103.10 (1) (b) Except as provided in sub. (1m) (b) 2. and s. 452.38, “employee" means an individual employed in this state by an employer, except the employer's parent, spouse, domestic partner, or child.

SB1080,2 Section 2. 103.10 (1) (c) of the statutes is amended to read:

SB1080,2,7 103.10 (1) (c) Except as provided in sub. (1m) (b) 3., “employer" “Employer” means a person engaging in any activity, enterprise, or business in this state employing at least 50 individuals on a permanent basis. “Employer" includes the state and any office, department, independent agency, authority, institution, association, society, or other body in state government created or authorized to be created by the constitution or any law, including the legislature and the courts.

SB1080,3 Section 3 . 103.10 (1m) (title), (a), (b) (intro.), 1., 2., 3., 4., 5. and 7., (c), (d) and (e) of the statutes are repealed.

SB1080,4 Section 4 . 103.10 (1m) (b) 6. of the statutes is renumbered 165.68 (1) (h).

SB1080,5 Section 5 . 103.12 (3) (a) of the statutes is amended to read:

SB1080,2,16 103.12 (3) (a) Except as provided in ss. 103.10 (1m) (d) and s. 103.11 (2) (d), no city, village, town, or county may enact or enforce an ordinance requiring an employer to provide certain employment benefits to its employees, to provide a minimum level of employment benefits to its employees, or to prescribe the terms or conditions of employment benefits provided to its employees.

SB1080,6 Section 6 . 103.12 (3) (b) of the statutes is amended to read:

SB1080,2,22 103.12 (3) (b) Except as provided in ss. 103.10 (1m) (d) and s. 103.11 (2) (d), if a city, village, town, or county has in effect on April 18, 2018, an ordinance requiring an employer to provide certain employment benefits or to provide a minimum level of employment benefits to its employees, the ordinance does not apply and may not be enforced.

SB1080,7 Section 7. 165.68 (1) (a) 3. of the statutes is amended to read:

SB1080,2,24 165.68 (1) (a) 3. Sexual abuse, as defined in s. 103.10 (1m) (b) 6.

SB1080,2,25 (End)