Amendment ASA-AB150

AB150-ASA, s. 3727g Section 3727g. 101.575 (3) (a) 3. of the statutes is amended to read:

AB150-ASA,1276,25 101.575 (3) (a) 3. Provides a training program prescribed by the department by rule, in consultation with the fire prevention council.

AB150-ASA, s. 3727h Section 3727h. 101.575 (3) (a) 3. of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB150-ASA,1277,4 101.575 (3) (a) 3. Provides a training program prescribed by the department by rule, in consultation with the fire prevention council.

AB150-ASA, s. 3727m Section 3727m. 101.573 (3) (b) of the statutes is amended to read:

AB150-ASA,1277,20 101.573 (3) (b) The amount withheld under par. (a) shall be disbursed to correct errors of the department or the commissioner of insurance or for payments to cities, villages or towns which are first determined to be eligible for payments under par. (a) after May 1. The department shall certify to the state treasurer secretary of administration, as near as is practical, the amount which would have been payable to the municipality if payment had been properly disbursed under par. (a) on or prior to May 1, except the amount payable to any municipality first eligible after May 1 shall be reduced by 1.5% for each month or portion of a month which expires after May 1 and prior to the eligibility determination. The state treasurer secretary of administration shall pay the amount certified to the city, village or town. The balance of the amount withheld in a calendar year under par. (a) which is not disbursed under this paragraph shall be included in the total compiled by the department under par. (a) for the next calendar year. If errors in payments exceed the amount set aside for error payments, adjustments shall be made in the distribution for the next year.

AB150-ASA, s. 3727n Section 3727n. 101.573 (4) of the statutes is amended to read:

AB150-ASA,1278,2 101.573 (4) The department shall transmit to the treasurer of each city, village and town entitled to fire department dues, a statement of the amount of dues payable to it under this section and the commissioner of insurance shall furnish to the state treasurer secretary of administration, upon request, a list of the insurers paying dues under s. 601.93 and the amount paid by each.

AB150-ASA, s. 3728 Section 3728. 101.597 (3) of the statutes is amended to read:

AB150-ASA,1278,9 101.597 (3) By department. The department shall inform manufacturers, suppliers, employers, agricultural employers and employes of their duties and rights under ss. 101.58 to 101.599. As part of this program, the department shall cooperate with the departments of development and department of revenue to notify any employer commencing operations on or after May 8, 1982, of that employer's duties and rights.

AB150-ASA, s. 3729d Section 3729d. 101.62 of the statutes is amended to read:

AB150-ASA,1279,2 101.62 Dwelling code council; power. The dwelling code council shall review the standards and rules for one- and 2-family dwelling construction and recommend a uniform dwelling code for adoption by the department which of development in anticipation of the transfer of functions relating to the uniform dwelling code to the department of development under 1995 Wisconsin Act .... (this act). The uniform dwelling code shall include rules providing for the conservation of energy in the construction and maintenance of dwellings and for costs of specific code provisions to home buyers to be related to the benefits derived from such provisions. The council shall study the need for and availability of one-family and 2-family dwellings that are accessible to persons with disabilities, as defined in s. 101.22 (1m) (g), and shall make recommendations to the department of development for any changes to the uniform dwelling code that may be needed to ensure an adequate supply of one-family and 2-family dwellings. Upon its own initiative or at the request of the department of development, the council shall consider and make recommendations to the department of development pertaining to rules and any other matters related to this subchapter. The council shall recommend variances for different climate and soil conditions throughout the state.

AB150-ASA, s. 3729e Section 3729e. 101.62 of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB150-ASA,1279,18 101.62 Dwelling code council; power. The dwelling code council shall review the standards and rules for one- and 2-family dwelling construction and recommend a uniform dwelling code for adoption by the department which shall include rules providing for the conservation of energy in the construction and maintenance of dwellings and for costs of specific code provisions to home buyers to be related to the benefits derived from such provisions. The council shall study the need for and availability of one-family and 2-family dwellings that are accessible to persons with disabilities, as defined in s. 106.04 (1m) (g), and shall make recommendations to the department for any changes to the uniform dwelling code that may be needed to ensure an adequate supply of one-family and 2-family dwellings. Upon its own initiative or at the request of the department, the council shall consider and make recommendations to the department pertaining to rules and any other matters related to this subchapter. The council shall recommend variances for different climate and soil conditions throughout the state.

AB150-ASA, s. 3729f Section 3729f. 101.625 of the statutes is amended to read:

AB150-ASA,1280,5 101.625 Contractor financial responsibility council; duties. The In anticipation of the transfer of functions relating to the financial responsibility of contractors to the department of development under 1995 Wisconsin Act .... (this act, the contractor financial responsibility council shall recommend for promulgation by the department of development rules for certifying the financial responsibility of contractors under s. 101.654. These rules shall include rules providing for the assessment of fees upon applicants for certification of financial responsibility under s. 101.654 and for the suspension and revocation of that certification. The amount of the fees recommended under this section may not exceed an amount that is sufficient to defray the costs incurred in certifying the financial responsibility of applicants under s. 101.654.

AB150-ASA, s. 3729g Section 3729g. 101.625 of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB150-ASA,1280,16 101.625 Contractor financial responsibility council; duties. The contractor financial responsibility council shall recommend for promulgation by the department rules for certifying the financial responsibility of contractors under s. 101.654. These rules shall include rules providing for the assessment of fees upon applicants for certification of financial responsibility under s. 101.654 and for the suspension and revocation of that certification. The amount of the fees recommended under this section may not exceed an amount that is sufficient to defray the costs incurred in certifying the financial responsibility of applicants under s. 101.654.

AB150-ASA, s. 3729h Section 3729h. 101.64 (3) of the statutes is amended to read:

AB150-ASA,1280,20 101.64 (3) Revise the rules under this subchapter after consultation with the dwelling code council or with the contractor financial responsibility council, as appropriate.

AB150-ASA, s. 3729i Section 3729i. 101.64 (3) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB150-ASA,1280,25 101.64 (3) Revise the rules under this subchapter after consultation with the dwelling code council or with the contractor financial responsibility council, as appropriate.

AB150-ASA, s. 3729j Section 3729j. 101.72 of the statutes is amended to read:

AB150-ASA,1281,13 101.72 Dwelling code council. The dwelling code council shall review the standards and rules for manufactured buildings for dwellings and recommend a statewide manufactured building code for adoption by the department which of development in anticipation of the transfer of functions relating to the statewide manufactured building code to the department of development under 1995 Wisconsin Act .... (this act). The statewide manufactured building code shall include rules providing for the conservation of energy in the construction and maintenance of dwellings. Such rules shall take into account the costs to home buyers of specific code provisions in relation to the benefits derived therefrom. Upon its own initiative or at the request of the department of development, the council shall consider and make recommendations to the department of development pertaining to rules and any other matters related to this subchapter.

AB150-ASA, s. 3729k Section 3729k. 101.72 of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB150-ASA,1281,24 101.72 Dwelling code council. The dwelling code council shall review the standards and rules for manufactured buildings for dwellings and recommend a statewide manufactured building code for adoption by the department which shall include rules providing for the conservation of energy in the construction and maintenance of dwellings. Such rules shall take into account the costs to home buyers of specific code provisions in relation to the benefits derived therefrom. Upon its own initiative or at the request of the department, the council shall consider and make recommendations to the department pertaining to rules and any other matters related to this subchapter.

AB150-ASA, s. 3729L Section 3729L. 101.74 (3) of the statutes is amended to read:

AB150-ASA,1282,2 101.74 (3) Revise the rules under this subchapter after consultation with the dwelling code council.

AB150-ASA, s. 3729m Section 3729m. 101.74 (3) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB150-ASA,1282,6 101.74 (3) Revise the rules under this subchapter after consultation with the dwelling code council.

AB150-ASA, s. 3730 Section 3730. 101.80 (2) of the statutes is amended to read:

AB150-ASA,1282,11 101.80 (2) "Public buildings" and "places of employment" have the meanings provided by s. 101.01 (2) and include all exterior wiring except wiring owned, leased, operated or maintained by a public utility including any electrical cooperative, in the exercise of its utility function.

AB150-ASA, s. 3731 Section 3731. 101.82 (1) of the statutes is amended to read:

AB150-ASA,1282,18 101.82 (1) Adopt rules for the construction and inspection of electrical construction of public buildings and places of employment and for the inspection of electrical construction of places where farming, as defined in s. 101.01 (2) (f) (11), is conducted. Where feasible, the standards used shall be those nationally recognized. No rule may be adopted which does not take into account the conservation of energy in construction and maintenance of buildings.

AB150-ASA, s. 3732 Section 3732. 101.92 (7) of the statutes is amended to read:

AB150-ASA,1282,21 101.92 (7) Shall establish within the division of safety and buildings a staff for the administration and enforcement of ss. 101.90 to 101.96.

AB150-ASA, s. 3733c Section 3733c. 101.972 of the statutes is amended to read:

AB150-ASA,1283,8 101.972 Multifamily dwelling code council duties. The multifamily dwelling code council shall review the rules for multifamily dwelling construction and recommend a uniform multifamily dwelling code for promulgation by the department of development in anticipation of the transfer of functions relating to the uniform multifamily dwelling code to the department of development under 1995 Wisconsin Act .... (this act). The council shall consider and make recommendations to the department of development pertaining to rules and any other matters related to this subchapter. The council shall identify, consider and make recommendations to the department of development regarding variances in the rules for different climate and soil conditions and the variable conditions created by building and population densities.

AB150-ASA, s. 3733g Section 3733g. 101.972 of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB150-ASA,1283,18 101.972 Multifamily dwelling code council duties. The multifamily dwelling code council shall review the rules for multifamily dwelling construction and recommend a uniform multifamily dwelling code for promulgation by the department. The council shall consider and make recommendations to the department pertaining to rules and any other matters related to this subchapter. The council shall identify, consider and make recommendations to the department regarding variances in the rules for different climate and soil conditions and the variable conditions created by building and population densities.

AB150-ASA, s. 3733L Section 3733L. 101.973 (8) of the statutes is amended to read:

AB150-ASA,1283,21 101.973 (8) Deposit the moneys received from the fees under sub. (7) in the appropriation appropriations under s. ss. 20.143 (7) (jz) and 20.445 (1) (j).

AB150-ASA, s. 3733p Section 3733p. 101.973 (8) of the statutes, as affected by 1995 Wisconsin Act 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB150-ASA,1283,25 101.973 (8) Deposit the moneys received from the fees under sub. (7) in the appropriation under s. 20.143 (3) (j).

AB150-ASA, s. 3733t Section 3733t. 101.974 (2) of the statutes is repealed.

AB150-ASA, s. 3733x Section 3733x. 101.974 (2m) of the statutes is created to read:

AB150-ASA,1284,4 101.974 (2m) Promulgate the rules under this subchapter after consultation with the multifamily dwelling code council.

AB150-ASA, s. 3734 Section 3734. 101.975 (3) (a) 3. of the statutes is amended to read:

AB150-ASA,1284,8 101.975 (3) (a) 3. The ordinance does not conform to this subchapter and s. 101.02 (7m) or is contrary to an order of the department under ss. 101.01 to 101.25 subch. I.

AB150-ASA, s. 3735 Section 3735. 101.975 (3) (a) 4. of the statutes is amended to read:

AB150-ASA,1284,12 101.975 (3) (a) 4. The ordinance is more stringent than the corresponding provision of this subchapter or s. 101.02 or the contrary provision of an order of the department under ss. 101.01 to 101.25 subch. I.

AB150-ASA, s. 3736 Section 3736. 101.975 (3) (b) of the statutes is amended to read:

AB150-ASA,1284,17 101.975 (3) (b) If a political subdivision has a preexisting stricter sprinkler ordinance, that ordinance remains in effect, except that the political subdivision may amend the ordinance to conform to this subchapter and s. 101.02 (7m) and to be not contrary to an order of the department under ss. 101.01 to 101.25 subch. I.

AB150-ASA, s. 3737 Section 3737. 102.01 (2) (ag) of the statutes is created to read:

AB150-ASA,1284,19 102.01 (2) (ag) "Commissioner" means a member of the commission.

AB150-ASA, s. 3738 Section 3738. 102.01 (2) (ap) of the statutes is created to read:

AB150-ASA,1284,22 102.01 (2) (ap) "Department" means the department of industry, labor and human relations.

AB150-ASA, s. 3739 Section 3739. 102.01 (2) (bm) of the statutes is created to read:

AB150-ASA,1285,3 102.01 (2) (bm) "General order" means such order as applies generally throughout the state to all persons, employments, places of employment or public buildings, or all persons, employments or places of employment or public buildings of a class under the jurisdiction of the department. All other orders of the department shall be considered special orders.

AB150-ASA, s. 3740 Section 3740. 102.01 (2) (dm) of the statutes is created to read:

AB150-ASA,1285,7 102.01 (2) (dm) "Order" means any decision, rule, regulation, direction, requirement or standard of the department, or any other determination arrived at or decision made by the department.

AB150-ASA, s. 3741 Section 3741. 102.01 (2) (em) of the statutes is created to read:

AB150-ASA,1285,10 102.01 (2) (em) "Secretary" means the secretary of industry, labor and human relations.

AB150-ASA, s. 3742m Section 3742m. 102.28 (7) (a) of the statutes is amended to read:

AB150-ASA,1286,2 102.28 (7) (a) If an employer who is currently or was formerly exempted by written order of the department under sub. (2) is unable to pay an award, judgment is rendered in accordance with s. 102.20 against that employer and execution is levied and returned unsatisfied in whole or in part, payments for the employer's liability shall be made from the fund established under sub. (8). If a currently or formerly exempted employer files for bankruptcy and not less than 60 days after that filing the department has reason to believe that compensation payments due are not being paid, the department in its discretion may make payment for the employer's liability from the fund established under sub. (8). The state treasurer secretary of administration shall proceed to recover such payments from the employer or the employer's receiver or trustee in bankruptcy, and may commence an action or proceeding or file a claim therefor. The attorney general shall appear on behalf of the state treasurer secretary of administration in any such action or proceeding. All moneys recovered in any such action or proceeding shall be paid into the fund established under sub. (8).

AB150-ASA, s. 3743 Section 3743. 102.39 of the statutes is amended to read:

AB150-ASA,1286,7 102.39 General orders; application of statutes. The provisions of ch. 101, s. 103.005 relating to the adoption, publication, modification and court review of general orders of the department shall apply to all general orders adopted pursuant to this chapter.

AB150-ASA, s. 3743m Section 3743m. 102.42 (8) of the statutes is amended to read:

AB150-ASA,1286,16 102.42 (8) Award to state employe. Whenever an award is made by the department in behalf of a state employe, the department of industry, labor and human relations shall file duplicate copies of the award with the department of administration. Upon receipt of the copies of the award, the department of administration shall promptly issue a voucher in payment of the award from the proper appropriation under s. 20.865 (1) (dm) (fm), (kr) or (ur), and shall transmit one copy of the voucher and the award to the officer, department or agency by whom the affected employe is employed.

AB150-ASA, s. 3744 Section 3744. 102.42 (9) (b) of the statutes is amended to read:

AB150-ASA,1286,23 102.42 (9) (b) Such specialist shall study the problems of rehabilitation, both physical and vocational and shall refer suitable cases to the department of health and social services for vocational evaluation and training. The specialist shall investigate and maintain a directory of such rehabilitation facilities, private and public, as are capable of rendering competent rehabilitation service to seriously injured employes.

AB150-ASA, s. 3745 Section 3745. 102.61 (1m) (a) of the statutes is amended to read:

AB150-ASA,1287,9 102.61 (1m) (a) If the department of health and social services has determined under sub. (1) that an employe is eligible for vocational rehabilitation services under 29 USC 701 to 797b, but that the department of health and social services cannot provide those services for the employe, the employe may select a private rehabilitation counselor certified by the department of industry, labor and human relations to determine whether the employe can return to suitable employment without rehabilitative training and, if that counselor determines that rehabilitative training is necessary, to develop a rehabilitative training program to restore as nearly as possible the employe to his or her preinjury earning capacity and potential.

AB150-ASA, s. 3745e Section 3745e. 102.63 of the statutes is amended to read:

AB150-ASA,1287,18 102.63 Refunds by state. Whenever the department shall certify to the state treasurer secretary of administration that excess payment has been made under s. 102.59 or under s. 102.49 (5) either because of mistake or otherwise, the state treasurer secretary of administration shall within 5 days after receipt of such certificate draw an order against the fund in the state treasury into which such excess was paid, reimbursing such payor of such excess payment, together with interest actually earned thereon if the excess payment has been on deposit for at least 6 months.

AB150-ASA, s. 3745g Section 3745g. 102.64 (1) of the statutes is amended to read:

AB150-ASA,1288,6 102.64 (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) (dm) (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 payments but such compromises shall be subject to review by the department of industry, labor and human relations. If the spouse of the deceased employe compromises his or her claim for a primary death benefit, the claim of the children of such employe 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.

AB150-ASA, s. 3745m Section 3745m. 102.85 (4) (c) of the statutes is amended to read:

AB150-ASA,1288,13 102.85 (4) (c) If any deposit is made for an offense to which this section applies, the person making the deposit shall also deposit a sufficient amount to include the uninsured employer assessment prescribed in this section. If the deposit is forfeited, the amount of the uninsured employer assessment shall be transmitted to the state treasurer secretary of administration under par. (d). If the deposit is returned, the uninsured employer assessment shall also be returned.

AB150-ASA, s. 3745s Section 3745s. 102.85 (4) (d) of the statutes is amended to read:

AB150-ASA,1288,21 102.85 (4) (d) The clerk of the court shall collect and transmit to the county treasurer the uninsured employer assessment and other amounts required under s. 59.395 (5). The county treasurer shall then make payment to the state treasurer secretary of administration as provided in s. 59.20 (5) (b). The state treasurer secretary of administration shall deposit the amount of the uninsured employer assessment, together with any interest thereon, in the uninsured employers fund as provided in s. 102.80 (1).

AB150-ASA, s. 3746 Section 3746. 103.001 of the statutes is created to read:

AB150-ASA,1288,24 103.001 Definitions. In chs. 103 to 106, the following words and phrases have the designated meanings unless a different meaning is expressly provided:

AB150-ASA,1289,2 (3) "Department" means the department of industry, labor and human relations.

AB150-ASA,1289,7 (4) "Deputy" means any person employed by the department designated as a deputy, who possesses special, technical, scientific, managerial or personal abilities or qualities in matters within the jurisdiction of the department, and who may be engaged in the performance of duties under the direction of the secretary, calling for the exercise of such abilities or qualities.

AB150-ASA,1289,10 (5) "Employe" means any person who may be required or directed by any employer, in consideration of direct or indirect gain or profit, to engage in any employment, or to go or work or be at any time in any place of employment.

AB150-ASA,1289,15 (6) "Employer" means any person, firm, corporation, state, county, town, city, village, school district, sewer district, drainage district and other public or quasi-public corporations as well as any agent, manager, representative or other person having control or custody of any employment, place of employment or of any employe.

AB150-ASA,1289,19 (7) "Employment" means any trade, occupation or process of manufacture, or any method of carrying on such trade, occupation or process of manufacture in which any person may be engaged, except in such private domestic service as does not involve the use of mechanical power and in farm labor as used in sub. (12).