AB150-engrossed,1265,324
101.02
(5) (c) In the discharge of his or her duties such agent shall have every
25power of an inquisitorial nature granted in
ss. 101.01 to 101.25 this subchapter to
1the department, the same powers as a court commissioner with regard to the taking
2of depositions and all powers granted by law to a court commissioner relative to
3depositions.
AB150-engrossed,1265,125
101.02
(5) (f) Upon the request of the department, the department of justice or
6district attorney of the county in which any investigation, hearing or trial had under
7ss. 101.01 to 101.25 this subchapter is pending, shall aid
therein and prosecute the
8department in the investigation, hearing or trial and, under the supervision of the
9department,
prosecute all necessary actions or proceedings for the enforcement
and
10punishment of violations of
those sections this subchapter and all other laws of this
11state relating to the protection of life, health, safety and welfare
, and for the
12punishment of all violations thereof.
AB150-engrossed,1265,1714
101.02
(6) (e) Any employer or other person interested either because of
15ownership in or occupation of any property affected by any such order, or otherwise,
16may petition for a hearing on the reasonableness of any order of the department in
17the manner provided in
ss. 101.01 to 101.25 this subchapter.
AB150-engrossed,1266,419
101.02
(7) (a) Nothing contained in
ss. 101.01 to 101.25 this subchapter may
20be construed to deprive the common council, the board of alderpersons, the board of
21trustees or the village board of any village or city, or a local board of health, as defined
22in s. 250.01 (3), of any power or jurisdiction over or relative to any place of
23employment or public building, provided that, whenever the department shall, by an
24order, fix a standard of safety or any hygienic condition for employment or places of
25employment or public buildings, the order shall, upon the filing by the department
1of a copy of the order with the clerk of the village or city to which it may apply, be held
2to amend or modify any similar conflicting local order in any particular matters
3governed by the order of the department. Thereafter no local officer may make or
4enforce any order contrary to the order of the department.
AB150-engrossed,1266,136
101.02
(7m) Notwithstanding sub. (7) (a), no city, village or town may make or
7enforce any ordinance that is applied to any multifamily dwelling, as defined in s.
8101.971 (2), and that does not conform to subch. VI and this section or is contrary to
9an order of the department under
ss. 101.01 to 101.25
this subchapter, except that
10if a city, village or town has a preexisting stricter sprinkler ordinance, as defined in
11s. 101.975 (3) (a), that ordinance remains in effect, except that the city, village or town
12may take any action with regard to that ordinance that a political subdivision may
13take under s. 101.975 (3) (b).
AB150-engrossed,1266,1915
101.02
(9) A substantial compliance with the requirements of
ss. 101.01 to
16101.25, this subchapter shall be sufficient to give effect to the orders of the
17department, and
they shall not no order may be declared inoperative, illegal or void
18for any omission of a technical nature
in with respect
thereto to the requirements of
19this subchapter.
AB150-engrossed,1266,2221
101.02
(10) Orders of the department under
ss. 101.01 to 101.25 this
22subchapter shall be subject to review in the manner provided in ch. 227.
AB150-engrossed,1267,424
101.02
(12) Every day during which any person
, persons, or corporation
, or any
25officer, agent or employe
thereof, shall fail of a person or corporation, fails to observe
1and comply with any order of the department or to perform any duty
enjoined by ss.
2101.01 to 101.25, specified under this subchapter shall constitute a separate and
3distinct violation of
such the order
, or of
said sections as the case may be the
4requirements of this subchapter, whichever is applicable.
AB150-engrossed,1267,146
101.02
(13) (a) If any employer, employe, owner, or other person violates
ss.
7101.01 to 101.25 this subchapter, or fails or refuses to perform any duty
lawfully
8enjoined specified under this subchapter, within the time prescribed by the
9department, for which no penalty has been specifically provided, or fails, neglects or
10refuses to obey any lawful order given or made by the department, or any judgment
11or decree made by any court in connection with
ss. 101.01 to 101.25 this subchapter,
12for each such violation, failure or refusal, such employer, employe, owner or other
13person shall forfeit and pay into the state treasury a sum not less than $10 nor more
14than $100 for each such offense.
AB150-engrossed,1267,2416
101.02
(15) (b) The department shall administer and enforce, so far as not
17otherwise provided for in the statutes, the laws relating to
child labor, laundries,
18stores,
employment, licensed occupations, school attendance, bakeries,
employment
19offices, intelligence offices and bureaus, manufacture of cigars, sweatshops, corn
20shredders, woodsawing machines, fire escapes and means of egress from buildings,
21scaffolds, hoists, ladders and other matters relating to the erection, repair, alteration
22or painting of buildings and structures, and all other laws protecting the life, health,
23safety and welfare of employes in employments and places of employment and
24frequenters of places of employment.
AB150-engrossed,1268,4
1101.02
(15) (f) The department shall investigate, ascertain and determine such
2reasonable classifications of persons, employments, places of employment and public
3buildings, as shall be necessary to carry out the purposes of
ss. 101.01 to 101.25 this
4subchapter.
AB150-engrossed,1268,136
101.02
(15) (g)
Any commissioner, the
The secretary or any deputy of the
7department may enter any place of employment or public building, for the purpose
8of collecting facts and statistics, examining the provisions made for the health, safety
9and welfare of the employes, frequenters, the public or tenants therein and bringing
10to the attention of every employer or owner any law, or any order of the department,
11and any failure on the part of such employer or owner to comply therewith. No
12employer or owner may refuse to admit
any commissioner, the secretary or any
13deputy of the department to his or her place of employment or public building.
AB150-engrossed,1268,1915
101.02
(15) (k) Every employer and every owner shall furnish to the
16department all information
required by it to carry into effect ss. 101.01 to 101.25 that
17the department requires to administer and enforce this subchapter, and shall
make 18provide specific answers to all questions
submitted by that the department
relative
19thereto asks relating to any information that the department requires.
AB150-engrossed,1269,721
101.02
(15) (L) Any employer receiving from the department any
blanks calling
22for form requesting information
required by that the department
to carry into effect
23ss. 101.01 to 101.25 requires to administer and enforce this subchapter, along with
24directions to
fill the same complete the form, shall
cause the same to be properly
filled
25out so as to complete the form and answer fully and correctly each question
therein
1propounded, and in case asked in the form. If the employer is unable to answer any
2question, the employer shall give a good and sufficient reason for
such failure, and
3said answer his or her inability to answer the question. The employer's answers shall
4be verified under oath by the employer, or by the president, secretary or other
5managing officer of the corporation, if the employer is a corporation, and
the
6completed form shall be returned to the department at its office within the period
7fixed by the department.
AB150-engrossed,1269,1910
101.02
(18) The department may establish a schedule of fees for publications
11and seminars provided by the department for which no fee is otherwise authorized,
12required or prohibited by statute. Fees established under this subsection for
13publications and seminars provided by the department may not exceed the actual
14cost incurred in providing those publications and seminars.
If the department
15receives unanticipated proceeds from a statewide labor and management conference
16provided by the department that exceed the actual cost of the conference, the
17department may use those unanticipated proceeds to provide grants for local labor
18and management conferences, educational activities and other activities to promote
19positive relations between labor and management.
AB150-engrossed, s. 3647
20Section
3647. 101.02 (18) of the statutes, as affected by 1995 Wisconsin Act
21.... (this act), is repealed and recreated to read:
AB150-engrossed,1270,222
101.02
(18) The department may establish a schedule of fees for publications
23and seminars provided by the department for which no fee is otherwise authorized,
24required or prohibited by statute. Fees established under this subsection for
1publications and seminars provided by the department may not exceed the actual
2cost incurred in providing those publications and seminars.
AB150-engrossed,1270,104
101.02
(18m) The department may perform testing of petroleum products
5other than testing provided under ch. 168. The department may establish a schedule
6of fees for such petroleum product testing services. The department shall credit all
7revenues received from fees established under this subsection to the appropriation
8account under s. 20.445 (1) (ga). Revenues from fees established under this
9subsection may be used by the department to pay for testing costs, including
10laboratory supplies and equipment amortization, for such products.
AB150-engrossed, s. 3649
11Section
3649. 101.02 (18m) of the statutes, as created by 1995 Wisconsin Act
12.... (this act), is amended to read:
AB150-engrossed,1270,1913
101.02
(18m) The department may perform testing of petroleum products
14other than testing provided under ch. 168. The department may establish a schedule
15of fees for such petroleum product testing services. The department shall credit all
16revenues received from fees established under this subsection to the appropriation
17account under s.
20.445 (1) 20.143 (3) (ga). Revenues from fees established under this
18subsection may be used by the department to pay for testing costs, including
19laboratory supplies and equipment amortization, for such products.
AB150-engrossed,1271,221
101.02
(20) The department of industry, labor and human relations shall
22establish a procedure for that department to provide to the state public defender and
23the department of administration any information that the department of industry,
24labor and human relations may have concerning an individual's wages to assist the
1state public defender and the department of administration in collecting payment
2ordered under s. 48.275 (2), 757.66, 973.06 (1) (e) or 977.076 (1).
AB150-engrossed, s. 3649r
3Section 3649r. 101.02 (20) of the statutes, as created by 1995 Wisconsin Act
4.... (this act), is renumbered 103.005 (20).
AB150-engrossed,1271,8
6101.03 Testimonial powers of commissioners, secretary and deputy. 7Each of the commissioners, secretary The secretary or
any deputy secretary may
8certify to official acts, and take testimony.
AB150-engrossed, s. 3651
9Section
3651. 101.04 of the statutes is renumbered 103.04, and 103.04 (1), as
10renumbered, is amended to read:
AB150-engrossed,1271,1311
103.04
(1) The commission shall issue its decision in any case where a petition
12for review is filed under ch. 102 or 108 or s. 66.191, 1981 stats., or s. 40.65 (2),
101.22 13106.04 (10),
101.223 106.07 (4), 111.39, 303.07 (7) or 303.21.
AB150-engrossed,1271,2015
101.05
(2) A bed and breakfast establishment, as defined under s. 254.61 (1),
16is not subject to rules on residential occupancy or to other building codes adopted by
17the department under this subchapter, except that the uniform dwelling code
18specified in s. 101.62 adopted in rules promulgated under s. 101.63 (1) applies to the
193rd floor level of a bed and breakfast establishment that uses, other than as storage,
20the 3rd floor level of the bed and breakfast establishment structure.
AB150-engrossed,1272,222
101.055
(1) Intent. It is the intent of this section to give employes of the state,
23of any
state agency and of any political subdivision of this state rights and protections
24relating to occupational safety and health equivalent to those granted to employes
25in the private sector under the occupational safety and health act of 1970 (
5 USC
15108,
5314,
5315 and
7902;
15 USC 633 and
636;
18 USC 1114;
29 USC 553 and
651 2to
678;
42 USC 3142-1 and
49 USC 1421).
AB150-engrossed,1272,54
101.055
(2) (b) "Public employe" or "employe" means any employe of the state,
5of any
state agency or of any political subdivision of the state.
AB150-engrossed,1272,87
101.055
(2) (d) "Public employer" or "employer" means the state, any
state 8agency or any political subdivision of the state.
AB150-engrossed,1272,2110
101.055
(5) (a) A public employe or public employe representative who believes
11that a safety or health standard or variance is being violated, or that a situation
12exists which poses a recognized hazard likely to cause death or serious physical
13harm, may request the department to conduct an inspection. The department shall
14provide forms which may be used to make a request for an inspection. If the employe
15or public employe representative requesting the inspection so designates, that
16person's name shall not be disclosed to the employer or any other person, including
17any
state agency except the department. If the department decides not to make an
18inspection, it shall notify in writing any employe or public employe representative
19making a written request. A decision by the department not to make an inspection
20in response to a request under this subsection is reviewable by the department under
21sub. (6) (a) 3. and is subject to judicial review under sub. (6) (a) 4.
AB150-engrossed,1273,3
1101.055
(8) (ag) In this subsection, "division of equal rights" means the division
2of equal rights in the department of industry, labor and human relations acting
3under the authority provided in s. 106.06 (4).
AB150-engrossed,1273,135
101.055
(8) (b) A state employe who believes that he or she has been discharged
6or otherwise discriminated against by a public employer in violation of par.
(a) (ar) 7may file a complaint with the personnel commission alleging discrimination or
8discharge, within 30 days after the employe received knowledge of the
9discrimination or discharge. A public employe other than a state employe who
10believes that he or she has been discharged or otherwise discriminated against by
11a public employer in violation of par.
(a) (ar) may file a complaint with the division
12of equal rights
of the department alleging discrimination or discharge, within 30
13days after the employe received knowledge of the discrimination or discharge.
AB150-engrossed,1274,515
101.055
(8) (c) Upon receipt of a complaint, the personnel commission or the
16division of equal rights, whichever is applicable, shall, except as provided in s. 230.45
17(1m), investigate the complaint and determine whether there is probable cause to
18believe that a violation of par.
(a) (ar) has occurred. If the personnel commission or
19the division of equal rights finds probable cause it shall attempt to resolve the
20complaint by conference, conciliation or persuasion. If the complaint is not resolved,
21the personnel commission or the division of equal rights shall hold a hearing on the
22complaint within 60 days after receipt of the complaint unless both parties to the
23proceeding agree otherwise. Within 30 days after the close of the hearing, the
24personnel commission or the division of equal rights shall issue its decision. If the
25personnel commission or the division of equal rights determines that a violation of
1par.
(a) (ar) has occurred, it shall order appropriate relief for the employe, including
2restoration of the employe to his or her former position with back pay, and shall order
3any action necessary to ensure that no further discrimination occurs. If the
4personnel commission or the division of equal rights determines that there has been
5no violation of par.
(a) (ar), it shall issue an order dismissing the complaint.
AB150-engrossed,1274,117
101.12
(1) (intro.)
The Except for plans that are reviewed by the department
8of health and social services under ss. 50.02 (2) (b) and 50.36 (2), the department shall
9require the submission of essential drawings, calculations and specifications for
10public buildings, public structures and places of employment including the following
11components:
AB150-engrossed,1275,313
101.12
(5) (c)
If an application submitted under par. (b) requests inspection or
14copying of plans for a secure structure or proposed secure structure that is or is
15anticipated to be owned by or leased to the state, the plans are not subject to the right
16of inspection or copying except as the department of administration otherwise
17provides by rule. If an application submitted under par. (b) requests inspection or
18copying of plans for
a any other secure structure or proposed secure structure, the
19department, city, village, town or county shall consider the information supplied in
20the application and weigh the possible harm to the public interest which may result
21from permitting inspection and copying of the plans against the benefits of allowing
22such inspection or copying. If the department, city, village, town or county
23determines that the possible harm to the public interest outweighs the benefit to the
24requester and to the public interest of allowing such inspection or copying, it may
25deny the application or grant it upon such conditions as it determines are necessary
1to protect the public interest. This paragraph does not apply to an application
2submitted by a law enforcement agency or person authorized to have access to the
3plans by lawful subpoena.
AB150-engrossed,1275,85
101.123
(1) (b) "Inpatient health care facility" means a county home
6established under s.
49.14 49.70, a county infirmary established under s.
49.171 749.72, a community-based residential facility or a nursing home licensed under s.
850.03 or a tuberculosis sanatorium established under s. 58.06, 252.073 or 252.076.
AB150-engrossed,1275,1910
101.125
(1) (a) "Building" means a
"place of employment" as defined in s. 101.01
11(2) (f) and a "public building" as defined in s. 101.01 (2) (g)
place of employment or
12a public building and includes, without limitation because of enumeration,
13wholesale and retail stores, storerooms, office buildings, factories, warehouses,
14governmental buildings, hotels, hospitals, motels, dormitories, sanatoriums,
15nursing homes, retirement homes, theaters, stadiums, gymnasiums, amusement
16park buildings, schools and other buildings used for educational purposes, places of
17worship and other places of public assembly and all residences including mobile
18homes, manufactured or industrialized housing, lodging homes and any other
19building used as a dwelling for one or more persons.
AB150-engrossed,1276,222
101.14
(1) (c) The department is hereby empowered and directed to provide the
23form of a course of study in fire prevention for use in the public schools, dealing with
24the protection of lives and property against loss or damage as a result of preventable
1fires, and transmit the same by the first day of August in each year to the
state
2superintendent department of
public instruction education.
AB150-engrossed,1276,4
4101.143 (title)
Petroleum storage remedial action; financial assistance.
AB150-engrossed,1276,96
101.143
(2) (d) The department shall reserve a portion, not to exceed 20%, of
7the amount annually appropriated under s.
20.445 (1)
20.143 (3) (v) for awards under
8this section to be used to fund emergency remedial action and claims that exceed the
9amount initially anticipated.
AB150-engrossed,1276,1611
101.143
(2m) Interdepartmental coordination. Whenever the department of
12industry, labor and human relations development receives a notification under sub.
13(3) (a) 3. or the department of natural resources receives a notification of a petroleum
14product discharge under s. 144.76, the department receiving the notification shall
15contact the other department and shall schedule a meeting of the owner or operator
16or person owning a home oil tank system and representatives of both departments.
AB150-engrossed,1276,2418
101.143
(3) (ae) 1. An owner or operator or a person owning a home oil tank
19system is not eligible for an award under this section for costs incurred because of
20a petroleum product discharge from a petroleum product storage system or a home
21oil tank system that meets the performance standards in
40 CFR 280.20 or
s. ILHR
2210.51, Wis. adm. code in rules promulgated by the department relating to
23underground storage tank systems installed after December 22, 1988, except as
24provided in subd. 2.
AB150-engrossed,1277,15
1101.143
(3) (ae) 2. If a petroleum product storage system or home oil tank
2system that meets the performance standards in
40 CFR 280.20 or
s. ILHR 10.51,
3Wis. adm. code in rules promulgated by the department relating to underground
4storage tank systems installed after December 22, 1988, is located on a site on which
5a petroleum product discharge is confirmed before the date on which the petroleum
6product storage system or home oil tank system is installed and the department of
7natural resources does not issue a case closure letter with respect to that discharge
8before the installation date, then the owner or operator or person owning the home
9oil tank system remains eligible for an award for costs incurred because of a
10petroleum product discharge, from that petroleum product storage system or home
11oil tank system, which is confirmed, and with respect to which activities under par.
12(c) or (g) are begun, before January 1, 1996, or before the 91st day after the day on
13which the department of natural resources issues a case closure letter with respect
14to the discharge that occurred before the installation of the petroleum product
15storage system or home oil tank system, whichever is earlier.
AB150-engrossed,1277,2517
101.143
(3) (am) 1. An owner or operator or a person owning a home oil tank
18system is not eligible for an award under this section for costs incurred because of
19a petroleum product discharge from a petroleum product storage system or a home
20oil tank system if the discharge is confirmed, or activities under par. (c) or (g) are
21begun with respect to that discharge, after the day on which the petroleum product
22storage system or home oil tank system first meets the upgrading requirements in
2340 CFR 280.21 (b) to (d) or
s. ILHR 10.52 (2) to (4), Wis. adm. code in rules
24promulgated by the department relating to the upgrading of existing underground
25storage tank systems, except as provided in subds. 2. to 4.
AB150-engrossed,1278,152
101.143
(3) (am) 2. If a petroleum product storage system or home oil tank
3system first meets the upgrading requirements in
40 CFR 280.21 (b) to (d) or
s. ILHR
410.52 (2) to (4), Wis. adm. code in rules promulgated by the department relating to
5the upgrading of existing underground storage tank systems, after December 31,
61993, and the owner or operator or person owning the home oil tank system applies
7for private pollution liability insurance covering the petroleum product storage
8system or home oil tank system within 30 days after the day on which the petroleum
9product storage system or home oil tank system first meets those upgrading
10requirements, then the owner or operator or person remains eligible for an award for
11costs incurred because of a petroleum product discharge, from that petroleum
12product storage system or home oil tank system, which is confirmed, and with respect
13to which activities under par. (c) or (g) are begun, before the 91st day after the day
14on which the petroleum product storage system or home oil tank system first meets
15those upgrading requirements.
AB150-engrossed,1279,617
101.143
(3) (am) 4. If a petroleum product storage system or home oil tank
18system first meets the upgrading requirements in
40 CFR 280.21 (b) to (d) or
s. ILHR
1910.52 (2) to (4), Wis. adm. code in rules promulgated by the department relating to
20the upgrading of existing underground storage tank systems, after April 30, 1991,
21and is located on a site on which a petroleum product discharge is confirmed before
22the date on which the petroleum product storage system or home oil tank system first
23meets those upgrading requirements and the department of natural resources does
24not issue a case closure letter with respect to that discharge before that date, then
25the owner or operator or person owning the home oil tank system remains eligible
1for an award for costs incurred because of a petroleum product discharge, from that
2petroleum product storage system or home oil tank system, which is confirmed, and
3with respect to which activities under par. (c) or (g) are begun, before January 1,
41996, or before the 91st day after the day on which the department of natural
5resources issues a case closure letter with respect to the discharge that occurred
6before the upgrading requirements were met, whichever is earlier.
AB150-engrossed,1279,238
101.143
(3) (as) 4. If the department issues an award under this section for
9remedial action activities that were necessitated by a petroleum product discharge
10from a petroleum product storage system or home oil tank system that does not meet
11the performance standards in
40 CFR 280.20 or
s. ILHR 10.51, Wis. adm. code in
12rules promulgated by the department relating to underground storage tank systems
13installed after December 22, 1988, and that, at the time of that discharge, does not
14meet the upgrading requirements in
40 CFR 280.21 (b) to (d) or
s. ILHR 10.52 (2) to
15(4), Wis. adm. code in rules promulgated by the department relating to the upgrading
16of existing underground storage tank systems, then the owner or operator or person
17owning the home oil tank system remains eligible for an award for costs incurred
18because of any later petroleum product discharge from the same petroleum product
19storage system or home oil tank system and within the same area which is confirmed,
20and with respect to which activities under par. (c) or (g) are begun, before January
211, 1996, or before the 91st day after the day on which the petroleum product storage
22system or home oil tank system first meets those upgrading requirements,
23whichever is earlier.