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AB56,1244 16Section 1244. 103.10 (1) (a) (intro.) of the statutes is renumbered 103.10 (1)
17(a) and amended to read:
AB56,741,1918 103.10 (1) (a) “Child" means a natural, adopted, or foster child, a stepchild, or
19a legal ward to whom any of the following applies: .
AB56,1245 20Section 1245. 103.10 (1) (a) 1. of the statutes is repealed.
AB56,1246 21Section 1246. 103.10 (1) (a) 2. of the statutes is repealed.
AB56,1247 22Section 1247 . 103.10 (1) (ap) of the statutes is created to read:
AB56,741,2323 103.10 (1) (ap) “Covered active duty" means any of the following:
AB56,741,2524 1. In the case of a member of a regular component of the U.S. armed forces, duty
25during the deployment of the member with the U.S. armed forces to a foreign country.
AB56,742,4
12. In the case of a member of a reserve component of the U.S. armed forces, duty
2during the deployment of the member with the U.S. armed forces to a foreign country
3under a call or order to active duty under a provision of law specified in 10 USC 101
4(a) (13) (B).
AB56,1248 5Section 1248. 103.10 (1) (b) of the statutes is amended to read:
AB56,742,96 103.10 (1) (b) Except as provided in sub. (1m) (b) 2. and s. 452.38, “employee"
7means an individual employed in this state by an employer, except the employer's
8parent, child, spouse, domestic partner, or child parent, grandparent, grandchild, or
9sibling
.
AB56,1249 10Section 1249. 103.10 (1) (c) of the statutes is amended to read:
AB56,742,1611 103.10 (1) (c) Except as provided in sub. (1m) (b) 3., “employer" “Employer”
12means a person engaging in any activity, enterprise or business in this state
13employing at least 50 25 individuals on a permanent basis. “Employer" includes the
14state and any office, department, independent agency, authority, institution,
15association, society or other body in state government created or authorized to be
16created by the constitution or any law, including the legislature and the courts.
AB56,1250 17Section 1250. 103.10 (1) (dm) of the statutes is created to read:
AB56,742,1818 103.10 (1) (dm) “Grandchild" means the child of a child.
AB56,1251 19Section 1251. 103.10 (1) (dp) of the statutes is created to read:
AB56,742,2020 103.10 (1) (dp) “Grandparent" means the parent of a parent.
AB56,1252 21Section 1252. 103.10 (1) (gm) of the statutes is created to read:
AB56,742,2322 103.10 (1) (gm) “Sibling" means a brother, sister, half brother, half sister,
23stepbrother, or stepsister, whether by blood, marriage, or adoption.
AB56,1253 24Section 1253. 103.10 (1m) of the statutes is repealed.
AB56,1254 25Section 1254. 103.10 (3) (a) 1. of the statutes is amended to read:
AB56,743,2
1103.10 (3) (a) 1. In a 12-month period no employee may take more than 6 weeks
2of family leave under par. (b) 1. and, 2., 4., and 5.
AB56,1255 3Section 1255. 103.10 (3) (b) 3. of the statutes is amended to read:
AB56,743,64 103.10 (3) (b) 3. To care for the employee's child, spouse, domestic partner, or
5parent, grandparent, grandchild, or sibling, if the child, spouse, domestic partner, or
6parent, grandparent, grandchild, or sibling has a serious health condition.
AB56,1256 7Section 1256 . 103.10 (3) (b) 4. of the statutes is created to read:
AB56,743,118 103.10 (3) (b) 4. Because of any qualifying exigency, as determined by the
9department by rule, arising out of the fact that the spouse, child, domestic partner,
10parent, grandparent, grandchild, or sibling of the employee is on covered active duty
11or has been notified of an impending call or order to covered active duty.
AB56,1257 12Section 1257 . 103.10 (3) (b) 5. of the statutes is created to read:
AB56,743,1513 103.10 (3) (b) 5. Because a child care center, child care provider, or school that
14the employee's child attends is experiencing an unforeseen or unexpected
15short-term closure.
AB56,1258 16Section 1258. 103.10 (6) (b) (intro.) of the statutes is amended to read:
AB56,743,2117 103.10 (6) (b) (intro.) If an employee intends to take family leave because of the
18planned medical treatment or supervision of a child, spouse, domestic partner, or
19parent, grandparent, grandchild, or sibling or intends to take medical leave because
20of the planned medical treatment or supervision of the employee, the employee shall
21do all of the following:
AB56,1259 22Section 1259. 103.10 (6) (b) 1. of the statutes is amended to read:
AB56,744,223 103.10 (6) (b) 1. Make a reasonable effort to schedule the medical treatment
24or supervision so that it does not unduly disrupt the employer's operations, subject

1to the approval of the health care provider of the child, spouse, domestic partner,
2parent, grandparent, grandchild, sibling, or employee.
AB56,1260 3Section 1260 . 103.10 (6) (c) of the statutes is created to read:
AB56,744,84 103.10 (6) (c) If the employee intends to take leave under sub. (3) (b) 4. that is
5foreseeable because the spouse, child, domestic partner, parent, grandparent,
6grandchild, or sibling of the employee is on covered active duty or has been notified
7of an impending call or order to covered active duty, the employee shall provide notice
8of that intention to the employer in a reasonable and practicable manner.
AB56,1261 9Section 1261. 103.10 (7) (a) of the statutes is amended to read:
AB56,744,1410 103.10 (7) (a) If an employee requests family leave for a reason described in sub.
11(3) (b) 3. or requests medical leave, the employer may require the employee to provide
12certification, as described in par. (b), issued by the health care provider or Christian
13Science practitioner of the child, spouse, domestic partner, parent, grandparent,
14grandchild, sibling,
or employee, whichever is appropriate.
AB56,1262 15Section 1262. 103.10 (7) (b) (intro.) of the statutes is amended to read:
AB56,744,1716 103.10 (7) (b) (intro.) No employer may require certification under par. (a)
17stating more than the following:
AB56,1263 18Section 1263. 103.10 (7) (b) 1. of the statutes is amended to read:
AB56,744,2019 103.10 (7) (b) 1. That the child, spouse, domestic partner, parent, grandparent,
20grandchild, sibling,
or employee has a serious health condition.
AB56,1264 21Section 1264 . 103.10 (7) (d) of the statutes is created to read:
AB56,745,322 103.10 (7) (d) If an employee requests leave under sub. (3) (b) 4., the employer
23may require the employee to provide certification that the spouse, child, domestic
24partner, parent, grandparent, grandchild, or sibling of the employee is on covered
25active duty or has been notified of an impending call or order to covered active duty

1issued at such time and in such manner as the department may prescribe by rule,
2and the employee shall provide a copy of that certification to the employer in a timely
3manner.
AB56,1265 4Section 1265 . 103.10 (7) (e) of the statutes is created to read:
AB56,745,95 103.10 (7) (e) If an employee requests leave under sub. (3) (b) 5., the employer
6may require the employee to provide certification that the child care center, child
7care provider, or school that the employee's child attends is experiencing an
8unforeseen or unexpected short-term closure. The department may prescribe by
9rule the form and content of the certification.
AB56,1266 10Section 1266. 103.10 (12) (c) of the statutes is amended to read:
AB56,745,1711 103.10 (12) (c) If 2 or more health care providers disagree about any of the
12information required to be certified under sub. (7) (b), the department may appoint
13another health care provider to examine the child, spouse, domestic partner, parent,
14grandparent, grandchild, sibling, or employee and render an opinion as soon as
15possible. The department shall promptly notify the employee and the employer of
16the appointment. The employer and the employee shall each pay 50 percent of the
17cost of the examination and opinion.
AB56,1267 18Section 1267. 103.10 (14) (a) of the statutes is renumbered 103.10 (14).
AB56,1268 19Section 1268. 103.10 (14) (b) of the statutes is repealed.
AB56,1269 20Section 1269. 103.12 of the statutes is repealed.
AB56,1270 21Section 1270 . 103.145 of the statutes is created to read:
AB56,745,23 22103.145 Employer drug policies; medical use of
23tetrahydrocannabinols. (1)
In this section:
AB56,745,2524 (a) “Medication with tetrahydrocannabinols” has the meaning given in s.
25961.01 (14g).
AB56,746,1
1(b) “Usable cannabis” has the meaning given in s. 961.01 (21f).
AB56,746,5 2(2) No employer is required to permit or accommodate the use, consumption,
3possession, transfer, display, transportation, sale, or cultivation of medication with
4tetrahydrocannabinols or usable cannabis in the workplace, and any employer may
5have a policy restricting the use of marijuana by its employees.
AB56,1271 6Section 1271. 103.36 of the statutes is repealed.
AB56,1272 7Section 1272 . 103.49 of the statutes is created to read:
AB56,746,8 8103.49 Wage rate on state work. (1) Definitions. In this section:
AB56,746,179 (a) “Area" means the county in which a proposed project of public works that
10is subject to this section is located or, if the department determines that there is
11insufficient wage data in that county, “area" means those counties that are
12contiguous to that county or, if the department determines that there is insufficient
13wage data in those counties, “area" means those counties that are contiguous to those
14counties or, if the department determines that there is insufficient wage data in those
15counties, “area" means the entire state or, if the department is requested to review
16a determination under sub. (3) (c), “area" means the city, village, or town in which
17a proposed project of public works that is subject to this section is located.
AB56,746,2318 (am) “Bona fide economic benefit" means an economic benefit for which an
19employer makes irrevocable contributions to a trust or fund created under 29 USC
20186
(c) or to any other bona fide plan, trust, program, or fund no less often than
21quarterly or, if an employer makes annual contributions to such a bona fide plan,
22trust, program, or fund, for which the employer irrevocably escrows moneys at least
23quarterly based on the employer's expected annual contribution.
AB56,747,224 (b) “Hourly basic rate of pay" means the hourly wage paid to any employee,
25excluding any contributions or payments for health insurance benefits, vacation

1benefits, pension benefits, and any other bona fide economic benefits, whether paid
2directly or indirectly.
AB56,747,53 (bg) “Insufficient wage data" means less than 500 hours of work performed in
4a particular trade or occupation on projects that are similar to a proposed project of
5public works that is subject to this section.
AB56,747,116 (bj) “Minor service or maintenance work" means a project of public works that
7is limited to minor crack filling, chip or slurry sealing, or other minor pavement
8patching, not including overlays, that has a projected life span of no longer than 5
9years; cleaning of drainage or sewer ditches or structures; or any other limited, minor
10work on public facilities or equipment that is routinely performed to prevent
11breakdown or deterioration.
AB56,747,1412 (br) “Multiple-trade project of public works" means a project of public works
13in which no single trade accounts for 85 percent or more of the total labor cost of the
14project.
AB56,747,1715 (c) “Prevailing hours of labor" for any trade or occupation in any area means
1610 hours per day and 40 hours per week and may not include any hours worked on
17a Saturday or Sunday or on any of the following holidays:
AB56,747,1818 1. January 1.
AB56,747,1919 2. The last Monday in May.
AB56,747,2020 3. July 4.
AB56,747,2121 4. The first Monday in September.
AB56,747,2222 5. The 4th Thursday in November.
AB56,747,2323 6. December 25.
AB56,747,2424 7. The day before if January 1, July 4, or December 25 falls on a Saturday.
AB56,747,2525 8. The day following if January 1, July 4, or December 25 falls on a Sunday.
AB56,748,6
1(d) 1. Except as provided in subd. 2., “prevailing wage rate" for any trade or
2occupation engaged in the erection, construction, remodeling, repairing, or
3demolition of any project of public works in any area means the hourly basic rate of
4pay, plus the hourly contribution for health insurance benefits, vacation benefits,
5pension benefits, and any other bona fide economic benefit, paid directly or indirectly
6for a majority of the hours worked in the trade or occupation on projects in the area.
AB56,748,167 2. If there is no rate at which a majority of the hours worked in the trade or
8occupation on projects in the area is paid, “prevailing wage rate" for any trade or
9occupation engaged in the erection, construction, remodeling, repairing, or
10demolition of any project of public works in any area means the average hourly basic
11rate of pay, weighted by the number of hours worked, plus the average hourly
12contribution, weighted by the number of hours worked, for health insurance benefits,
13vacation benefits, pension benefits, and any other bona fide economic benefit, paid
14directly or indirectly for all hours worked at the hourly basic rate of pay of the
15highest-paid 51 percent of hours worked in that trade or occupation on projects in
16that area.
AB56,748,1917 (em) “Single-trade project of public works" means a project of public works in
18which a single trade accounts for 85 percent or more of the total labor cost of the
19project.
AB56,748,2520 (f) “State agency" means any office, department, independent agency,
21institution of higher education, association, society, or other body in state
22government created or authorized to be created by the constitution or any law,
23including the legislature and the courts. “State agency" also includes the University
24of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System
25Authority, and the Wisconsin Aerospace Authority.
AB56,749,5
1(fm) “Supply and installation contract" means a contract under which the
2material is installed by the supplier, the material is installed by means of simple
3fasteners or connectors such as screws or nuts and bolts, and no other work is
4performed on the site of the project of public works, and the total labor cost to install
5the material does not exceed 20 percent of the total cost of the contract.
AB56,749,66 (g) “Truck driver" includes an owner-operator of a truck.
AB56,749,9 7(1m) Applicability. Subject to sub. (3g), this section applies to any project of
8public works erected, constructed, repaired, remodeled, or demolished for the state
9or a state agency, including all of the following:
AB56,749,1210 (a) A project erected, constructed, repaired, remodeled, or demolished by one
11state agency for another state agency under any contract or under any statute
12specifically authorizing cooperation between state agencies.
AB56,749,1613 (b) A project in which the completed facility is leased, purchased, lease
14purchased, or otherwise acquired by, or dedicated to, the state in lieu of the state or
15a state agency contracting for the erection, construction, repair, remodeling, or
16demolition of the facility.
AB56,749,1917 (c) A sanitary sewer or water main project in which the completed sanitary
18sewer or water main is acquired by, or dedicated to, the state for ownership or
19maintenance by the state.
AB56,750,16 20(2) Prevailing wage rates and hours of labor. Any contract made for the
21erection, construction, remodeling, repairing, or demolition of any project of public
22works to which the state or any state agency is a party shall contain a stipulation that
23no individual performing the work described in sub. (2m) may be allowed to work a
24greater number of hours per day or per week than the prevailing hours of labor,
25except that any such individual may be allowed or required to work more than such

1prevailing hours of labor per day and per week if he or she is paid for all hours worked
2in excess of the prevailing hours of labor at a rate of at least 1.5 times his or her hourly
3basic rate of pay; nor may he or she be paid less than the prevailing wage rate
4determined under sub. (3) in the same or most similar trade or occupation in the area
5in which the project of public works is situated. The notice published for the purpose
6of securing bids for the project must contain a reference to the prevailing wage rates
7determined under sub. (3) and the prevailing hours of labor. Except as otherwise
8provided in this subsection, if any contract or subcontract for a project of public works
9that is subject to this section is entered into, the prevailing wage rates determined
10under sub. (3) and the prevailing hours of labor shall be physically incorporated into
11and made a part of the contract or subcontract. For a minor subcontract, as
12determined by the department, the department shall prescribe by rule the method
13of notifying the minor subcontractor of the prevailing wage rates and prevailing
14hours of labor applicable to the minor subcontract. The prevailing wage rates and
15prevailing hours of labor applicable to a contract or subcontract may not be changed
16during the time that the contract or subcontract is in force.
AB56,750,22 17(2m) Covered employees. (a) Subject to par. (b), any person subject to this
18section shall pay all of the following employees the prevailing wage rate determined
19under sub. (3) and may not allow such employees to work a greater number of hours
20per day or per week than the prevailing hours of labor, unless the person pays for all
21hours worked in excess of the prevailing hours of labor at a rate of at least 1.5 times
22the employees' hourly basic rate of pay:
AB56,750,2423 1. All laborers, workers, mechanics, and truck drivers employed on the site of
24a project of public works that is subject to this section.
AB56,751,6
12. All laborers, workers, mechanics, and truck drivers employed in the
2manufacturing or furnishing of materials, articles, supplies, or equipment on the site
3of a project of public works that is subject to this section or from a facility dedicated
4exclusively, or nearly so, to a project of public works that is subject to this section by
5a contractor, subcontractor, agent, or other person performing any work on the site
6of the project.
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