Amendment ASA-AB150

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 (this act), is repealed and recreated to read: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).

AB150-ASA,1289,23 (8) "Frequenter" means every person, other than an employe, who may go in or be in a place of employment or public building under circumstances which render such person other than a trespasser. Such term includes a pupil or student when enrolled in or receiving instruction at an educational institution.

AB150-ASA,1290,3 (9) "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,1290,8 (10) "Local order" means any ordinance, order, rule or determination of any common council, board of alderpersons, board of trustees or the village board, of any village or city, a regulation or order of the local board of health, as defined in s. 250.01 (3), or an order or direction of any official of a municipality, upon any matter over which the department has jurisdiction.

AB150-ASA,1290,11 (11) "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,1290,23 (12) "Place of employment" includes every place, whether indoors or out or underground and the premises appurtenant thereto where either temporarily or permanently any industry, trade or business is carried on, or where any process or operation, directly or indirectly related to any industry, trade or business, is carried on, and where any person is, directly or indirectly, employed by another for direct or indirect gain or profit, but does not include any place where persons are employed in private domestic service which does not involve the use of mechanical power or in farming. "Farming" includes those activities specified in s. 102.04 (3), and also includes the transportation of farm products, supplies or equipment directly to the farm by the operator of said farm or employes for use thereon, if such activities are directly or indirectly for the purpose of producing commodities for market, or as an accessory to such production.

AB150-ASA,1291,2 (13) "Public building" means any structure, including exterior parts of such building, such as a porch, exterior platform or steps providing means of ingress or egress, used in whole or in part as a place of resort, assemblage, lodging, trade, traffic, occupancy, or use by the public or by 3 or more tenants.

AB150-ASA,1291,8 (14) "Safe" or "safety", as applied to an employment or a place of employment or a public building, means such freedom from danger to the life, health, safety or welfare of employes or frequenters, or the public, or tenants, or fire fighters, and such reasonable means of notification, egress and escape in case of fire, and such freedom from danger to adjacent buildings or other property, as the nature of the employment, place of employment, or public building, will reasonably permit.

AB150-ASA,1291,9 (15) "Secretary" means the secretary of industry, labor and human relations.

AB150-ASA,1291,10 (16) "Welfare" includes comfort, decency and moral well-being.

AB150-ASA, s. 3747 Section 3747. 103.005 of the statutes is created to read:

AB150-ASA,1291,15 103.005 Powers, duties and jurisdiction of department. (1) The department shall adopt reasonable and proper rules and regulations relative to the exercise of its powers and authorities and proper rules to govern its proceedings and to regulate the mode and manner of all investigations and hearings.

AB150-ASA,1291,20 (3) The department shall employ, promote and remove deputies, clerks and other assistants as needed, to fix their compensation, and to assign to them their duties; and shall appoint advisers who shall, without compensation except reimbursement for actual and necessary expenses, assist the department in the execution of its duties.

AB150-ASA,1291,23 (4) The department shall collect, collate and publish statistical and other information relating to the work under its jurisdiction and shall make public reports in its judgment necessary.

AB150-ASA,1292,2 (5) (a) The department shall conduct such investigations, hold such public meetings and attend or be represented at such meetings, conferences and conventions inside or outside of the state as may, in its judgment, tend to better the execution of its functions.

AB150-ASA,1292,6 (b) For the purpose of making any investigation with regard to any employment, the secretary may appoint, by an order in writing, any deputy who is a citizen of the state, or any other competent person as an agent whose duties shall be prescribed in such order.

AB150-ASA,1292,10 (c) In the discharge of his or her duties such agent shall have every power of an inquisitorial nature granted in chs. 103 to 106 to the department, the same powers as a court commissioner with regard to the taking of depositions and all powers granted by law to a court commissioner relative to depositions.

AB150-ASA,1292,17 (d) The department may conduct any number of such investigations contemporaneously through different agents, and may delegate to such agent the taking of all testimony bearing upon any investigation or hearing. The decision of the department shall be based upon its examination of all testimony and records. The recommendations made by such agents shall be advisory only and shall not preclude the taking of further testimony if the department so orders nor preclude further investigation.

AB150-ASA,1292,20 (e) The secretary may direct any deputy who is a citizen to act as special prosecutor in any action, proceeding, investigation, hearing or trial relating to the matters within its jurisdiction.

AB150-ASA,1293,2 (f) Upon the request of the department, the department of justice or district attorney of the county in which any investigation, hearing or trial had under chs. 103 to 106 is pending, shall aid therein and prosecute under the supervision of the department, all necessary actions or proceedings for the enforcement of those sections and all other laws of this state relating to the regulation of employment, and for the punishment of all violations thereof.

AB150-ASA,1293,6 (6) (a) All orders of the department in conformity with law shall be in force, and shall be prima facie lawful; and all such orders shall be valid and in force, and prima facie reasonable and lawful until they are found otherwise upon judicial review thereof pursuant to ch. 227 or until altered or revoked by the department.

AB150-ASA,1293,8 (b) All general orders shall take effect as provided in s. 227.22. Special orders shall take effect as directed in the special order.

AB150-ASA,1293,10 (c) The department shall, upon application of any employer or owner, grant such time as may be reasonably necessary for compliance with any order.

AB150-ASA,1293,12 (d) Any person may petition the department for an extension of time, which the department shall grant if it finds such an extension of time necessary.

AB150-ASA,1293,16 (e) Any employer or other person interested either because of ownership in or occupation of any property affected by any such order, or otherwise, may petition for a hearing on the reasonableness of any order of the department in the manner provided in chs. 103 to 106.

AB150-ASA,1293,23 (f) Such petition for hearing shall be by verified petition filed with the department, setting out specifically and in full detail the order upon which a hearing is desired and every reason why such order is unreasonable, and every issue to be considered by the department on the hearing. The petitioner shall be deemed to have finally waived all objections to any irregularities and illegalities in the order upon which a hearing is sought other than those set forth in the petition. All hearings of the department shall be open to the public.

AB150-ASA,1294,6 (g) Upon receipt of such petition, if the issues raised in such petition have theretofore been adequately considered, the department shall determine the same by confirming without hearing its previous determination, or if such hearing is necessary to determine the issues raised, the department shall order a hearing thereon and consider and determine the matter or matters in question at such times as shall be prescribed. Notice of the time and place of such hearing shall be given to the petitioner and to such other persons as the department may find directly interested in such decision.

AB150-ASA,1294,9 (h) Upon such investigation, if the department finds that the order complained of is unjust or unreasonable the department shall substitute for that order such other order as shall be just and reasonable.

AB150-ASA,1294,13 (i) Whenever at the time of the final determination upon such hearing it shall be found that further time is reasonably necessary for compliance with the order of the department, the department shall grant such time as may be reasonably necessary for such compliance.

AB150-ASA,1294,18 (7) (a) Any person affected by any local order in conflict with an order of the department, may in the manner provided in sub. (6) (e) to (i), petition the department for a hearing on the ground that such local order is unreasonable and in conflict with the order of the department. The petition for such hearing shall conform to the requirements set forth for a petition in sub. (6) (e) to (i).

AB150-ASA,1295,4 (b) Upon receipt of a petition under par. (a) the department shall order a hearing to consider and determine the issues raised by the petition. The hearing shall be held in the village, city or municipality where the local order appealed from was made. Notice of the time and place of such hearing shall be given to the petitioner and such other persons as the department may find directly interested in such decision, including the clerk of the municipality or town from which such appeal comes. If upon such investigation it shall be found that the local order appealed from is unreasonable and in conflict with the order of the department, the department may modify its order and shall substitute for the local order appealed from such order as shall be reasonable and legal in the premises, and thereafter the local order shall, in such particulars, be void and of no effect.

AB150-ASA,1295,10 (8) (a) No action, proceeding or suit to set aside, vacate or amend any order of the department or to enjoin the enforcement of an order of the department shall be brought unless the plaintiff has applied to the department for a hearing on the order at the time and as provided in sub. (6) (e) to (i), and has, in the petition for the hearing under sub. (6), raised every issue raised in the action, proceeding or suit to set aside, vacate, amend or enjoin the enforcement of the order of the department.