AB150: Bill Text Engrossed

AB150-engrossed,1299,18 101.575 (3) (a) 3. Provides a training program prescribed by the department by rule, in consultation with the fire prevention council.

AB150-engrossed, 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 (this act), is repealed and recreated to read: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-engrossed,1299,22 101.575 (3) (a) 3. Provides a training program prescribed by the department by rule, in consultation with the fire prevention council.

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

AB150-engrossed,1300,4 101.597 (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-engrossed, s. 3729d Section 3729d. 101.62 of the statutes is amended to read:

AB150-engrossed,1300,22 101.62 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-engrossed, s. 3729e Section 3729e. 101.62 of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB150-engrossed,1301,14 101.62 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-engrossed, s. 3729f Section 3729f. 101.625 of the statutes is amended to read:

AB150-engrossed,1302,2 101.625 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-engrossed, s. 3729g Section 3729g. 101.625 of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB150-engrossed,1302,13 101.625 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-engrossed, s. 3729h Section 3729h. 101.64 (3) of the statutes is amended to read:

AB150-engrossed,1302,17 101.64 (3) Revise the rules under this subchapter after consultation with the dwelling code council or with the contractor financial responsibility council, as appropriate.

AB150-engrossed, 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-engrossed,1302,22 101.64 (3) Revise the rules under this subchapter after consultation with the dwelling code council or with the contractor financial responsibility council, as appropriate.

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

AB150-engrossed,1303,10 101.72 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-engrossed, s. 3729k Section 3729k. 101.72 of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB150-engrossed,1303,21 101.72 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-engrossed, s. 3729L Section 3729L. 101.74 (3) of the statutes is amended to read:

AB150-engrossed,1303,24 101.74 (3) Revise the rules under this subchapter after consultation with the dwelling code council.

AB150-engrossed, 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-engrossed,1304,4 101.74 (3) Revise the rules under this subchapter after consultation with the dwelling code council.

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

AB150-engrossed,1304,9 101.80 (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-engrossed, s. 3731 Section 3731. 101.82 (1) of the statutes is amended to read:

AB150-engrossed,1304,16 101.82 (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-engrossed, s. 3732 Section 3732. 101.92 (7) of the statutes is amended to read:

AB150-engrossed,1304,19 101.92 (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-engrossed, s. 3733c Section 3733c. 101.972 of the statutes is amended to read:

AB150-engrossed,1305,6 101.972 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-engrossed, s. 3733g Section 3733g. 101.972 of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB150-engrossed,1305,16 101.972 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-engrossed, s. 3733L Section 3733L. 101.973 (8) of the statutes is amended to read:

AB150-engrossed,1305,19 101.973 (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-engrossed, 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-engrossed,1305,23 101.973 (8) Deposit the moneys received from the fees under sub. (7) in the appropriation under s. 20.143 (3) (j).

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

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

AB150-engrossed,1306,2 101.974 (2m) Promulgate the rules under this subchapter after consultation with the multifamily dwelling code council.

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

AB150-engrossed,1306,6 101.975 (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-engrossed, s. 3735 Section 3735. 101.975 (3) (a) 4. of the statutes is amended to read:

AB150-engrossed,1306,10 101.975 (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-engrossed, s. 3736 Section 3736. 101.975 (3) (b) of the statutes is amended to read:

AB150-engrossed,1306,15 101.975 (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-engrossed, s. 3737 Section 3737. 102.01 (2) (ag) of the statutes is created to read:

AB150-engrossed,1306,17 102.01 (2) (ag) "Commissioner" means a member of the commission.

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

AB150-engrossed,1306,20 102.01 (2) (ap) "Department" means the department of industry, labor and human relations.

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

AB150-engrossed,1307,2 102.01 (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-engrossed, s. 3740 Section 3740. 102.01 (2) (dm) of the statutes is created to read:

AB150-engrossed,1307,6 102.01 (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-engrossed, s. 3741 Section 3741. 102.01 (2) (em) of the statutes is created to read:

AB150-engrossed,1307,9 102.01 (2) (em) "Secretary" means the secretary of industry, labor and human relations.

AB150-engrossed, s. 3741g Section 3741g. 102.07 (14) of the statutes is amended to read:

AB150-engrossed,1307,16 102.07 (14) An adult performing uncompensated community service work under s. 971.38, 973.03 (3), 973.05 (3) or, 973.09 or 973.095 is an employe of the county in which the district attorney requiring or the court ordering the community service work is located or in which the place of assignment under s. 973.095 is located. No compensation may be paid to that employe for temporary disability during the healing period.

AB150-engrossed, s. 3742b Section 3742b. 102.17 (1) (a) of the statutes is amended to read:

AB150-engrossed,1308,15 102.17 (1) (a) Upon the filing with the department by any party in interest of any application in writing stating the general nature of any claim as to which any dispute or controversy may have arisen, it shall mail a copy of such application to all other parties in interest and the insurance carrier shall be deemed a party in interest. The department may bring in additional parties by service of a copy of the application. The department shall cause notice of hearing on the application to be given to each party interested, by service of such notice on the interested party personally or by mailing a copy to the interested party's last-known address at least 10 days before such hearing. In case a party in interest is located without the state, and has no post-office address within this state, the copy of the application and copies of all notices shall be filed in the office of the secretary of state with the department of financial institutions and shall also be sent by registered or certified mail to the last-known post-office address of such party. Such filing and mailing shall constitute sufficient service, with the same effect as if served upon a party located within this state. The hearing may be adjourned in the discretion of the department, and hearings may be held at such places as the department designates, within or without the state. The department may also arrange to have hearing held by the commission, officer or tribunal having authority to hear cases arising under the worker's compensation law of any other state, of the District of Columbia, or of any territory of the United States, the testimony and proceedings at any such hearing to be reported to the department and to be part of the record in the case. Any evidence so taken shall be subject to rebuttal upon final hearing before the department.

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

AB150-engrossed,1308,20 102.39 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-engrossed, s. 3743m Section 3743m. 102.42 (8) of the statutes is amended to read:

AB150-engrossed,1309,4 102.42 (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-engrossed, s. 3744 Section 3744. 102.42 (9) (b) of the statutes is amended to read:

AB150-engrossed,1309,11 102.42 (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-engrossed, s. 3745 Section 3745. 102.61 (1m) (a) of the statutes is amended to read:

AB150-engrossed,1309,21 102.61 (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-engrossed, s. 3745g Section 3745g. 102.64 (1) of the statutes is amended to read:

AB150-engrossed,1310,9 102.64 (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-engrossed, s. 3746 Section 3746. 103.001 of the statutes is created to read:

AB150-engrossed,1310,12 103.001 Definitions. In chs. 103 to 106, the following words and phrases have the designated meanings unless a different meaning is expressly provided:

AB150-engrossed,1310,14 (3) "Department" means the department of industry, labor and human relations.

AB150-engrossed,1310,19 (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-engrossed,1310,22 (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-engrossed,1311,2 (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-engrossed,1311,6 (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-engrossed,1311,10 (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-engrossed,1311,15 (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-engrossed,1311,20 (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-engrossed,1311,23 (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-engrossed,1312,10 (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-engrossed,1312,14 (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-engrossed,1312,20 (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-engrossed,1312,21 (15) "Secretary" means the secretary of industry, labor and human relations.

AB150-engrossed,1312,22 (16) "Welfare" includes comfort, decency and moral well-being.

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