AB150, s. 3709
12Section
3709. 101.265 (2m) of the statutes, as affected by 1995 Wisconsin Act
13.... (this act), is renumbered 106.13 (2m) and amended to read:
AB150,1301,2014
106.13
(2m) After reviewing the recommendations of the governor's council on
15workforce excellence under s.
101.262 106.115 (2) (e), the department shall approve
16occupations and maintain a list of approved occupations for the youth apprenticeship
17program and shall approve statewide skill standards for the school-to-work
18program. From the appropriation under s. 20.445 (1) (ev), the department shall
19contract for the development of curricula for youth apprenticeship programs for
20occupations approved under this subsection.
****Note: This is reconciled s. 106.13 (2m). This
Section has been affected by drafts with the
following LRB numbers: 2243/2 and 2298/5.
AB150, s. 3710
21Section
3710. 101.265 (3) of the statutes is renumbered 106.13 (3) and
22amended to read:
AB150,1302,5
1106.13
(3) The youth apprenticeship program under sub. (1) shall not affect any
2apprenticeship program that is governed by
ch. 106
ss. 106.01 to 106.03, except that
3an apprenticeship program that is governed by ch. 106 may grant credit toward the
4completion of an apprenticeship for the successful completion of a youth
5apprenticeship under sub. (1).
****Note: This is reconciled s. 106.13 (3). This
Section has been affected by drafts with the
following LRB numbers: 2243/2 and 2298/5.
AB150, s. 3711
6Section
3711. 101.265 (4) of the statutes, as affected by 1995 Wisconsin Act
7.... (this act), is renumbered 106.13 (4).
****Note: This is reconciled s. 106.13 (4). This
Section has been affected by drafts with the
following LRB numbers: 2243/2 and 2298/5.
AB150, s. 3712
8Section
3712. 101.265 (5) of the statutes is renumbered 106.13 (5).
****Note: This is reconciled s. 106.13 (5). This
Section has been affected by drafts with the
following LRB numbers: 2243/2 and 2298/5.
AB150, s. 3713
9Section
3713. 101.267 of the statutes is renumbered 106.14.
AB150, s. 3714
10Section
3714. 101.27 of the statutes, as affected by 1995 Wisconsin Act .... (this
11act), is renumbered 106.15.
****Note: This is reconciled s. 101.27. This Section has been affected by drafts with the
following LRB numbers: 2298/5 and 2243/2.
AB150, s. 3715
12Section
3715. 101.27 (1) (a) of the statutes is amended to read:
AB150,1302,1413
101.27
(1) (a) "Council" means the
state job training coordinating governor's 14council
on workforce excellence established under
29 USC 1532 1792.
AB150, s. 3716
15Section
3716. 101.28 of the statutes is renumbered 106.16.
AB150, s. 3717
16Section
3717. 101.29 of the statutes is renumbered 106.17.
AB150, s. 3718
17Section
3718. 101.30 of the statutes is renumbered 106.18 and amended to
18read:
AB150,1303,4
19106.18 Job opportunities and basic skills program; aid to families with
20dependent children recipients. The department may contract with the
1department of health and social services for the provision of supportive
and
2employment services under the job opportunities and basic skills program under s.
349.193. Fees charged for the contractual services provided shall be credited to the
4appropriation under s. 20.445 (1) (ka).
****Note: This is reconciled s. 101.30. This Section has been affected by drafts with the
following LRB numbers: -2153/1 and -2243/2.
AB150, s. 3719
5Section
3719. 101.31 of the statutes is renumbered 106.19.
AB150, s. 3720
6Section
3720. 101.35 of the statutes is renumbered 106.20.
AB150, s. 3721
7Section
3721
. 101.38 of the statutes, as affected by 1995 Wisconsin Act .... (this
8act), is renumbered 106.21, and 106.21 (1) (g), as renumbered, is amended to read:
AB150,1303,129
106.21
(1) (g) "Public assistance" means relief provided by counties under s.
1059.07 (154), aid to families with dependent children under s. 49.19, medical
11assistance under
ss. 49.45 to 49.47 subch. IV of ch. 49, low-income energy assistance
12under s.
49.80 16.385 and the food stamp program under
7 USC 2011 to
2029.
****Note: This is reconciled s. 101.38. This Section has been affected by drafts with the
following LRB numbers: -2153/1 and -2243/2.
AB150, s. 3722
13Section
3722
. 101.38 (1) (g) of the statutes is amended to read:
AB150,1303,1814
101.38
(1) (g) "Public assistance" means
general relief under s. 49.02, relief of
15needy Indian persons under s. 49.046 relief provided by counties under s. 59.07 (154),
16aid to families with dependent children under s. 49.19, medical assistance under ss.
1749.45 to 49.47, low-income energy assistance under s. 49.80 and the food stamp
18program under
7 USC 2011 to
2029.
****Note: This is reconciled s. 101.40. This Section has been affected by drafts with the
following LRB numbers: -2153/1 and -2243/2.
****Note: This is reconciled s. 101.42. This Section has been affected by drafts with the
following LRB numbers: -2153/1 and -2243/2.
****Note: This is reconciled s. 101.43. This Section has been affected by drafts with the
following LRB numbers: -2153/1 and -2243/2.
AB150, s. 3726
2Section
3726. 101.47 of the statutes is renumbered 106.25.
AB150, s. 3727
3Section
3727. 101.573 (3) (a) of the statutes is amended to read:
AB150,1304,114
101.573
(3) (a) On or before May 1 in each year, the department shall compile
5the fire department dues paid by all insurers under s. 601.93 and the dues paid by
6the state fire fund under sub. (1) and funds remaining under par. (b), withhold .5%
7and certify to the state treasurer the proper amount to be paid from the appropriation
8under s.
20.445 (1) 20.143 (3) (L) to each city, village or town entitled to fire
9department dues under s. 101.575. Annually, on or before August 1, the state
10treasurer shall pay the amounts certified by the department to the cities, villages
11and towns eligible under s. 101.575.
AB150, s. 3728
12Section
3728. 101.597 (3) of the statutes is amended to read:
AB150,1304,1813
101.597
(3) By department. The department shall inform manufacturers,
14suppliers, employers, agricultural employers and employes of their duties and rights
15under ss. 101.58 to 101.599. As part of this program, the department shall cooperate
16with the
departments of development and department of revenue to notify any
17employer commencing operations on or after May 8, 1982, of that employer's duties
18and rights.
AB150, s. 3729
19Section
3729. 101.62 of the statutes is amended to read:
AB150,1305,10
20101.62 Dwelling code council; power. The dwelling code council shall
21review the standards and rules for one- and 2-family dwelling construction and
22recommend a uniform dwelling code for adoption by the department which shall
23include rules providing for the conservation of energy in the construction and
1maintenance of dwellings and for costs of specific code provisions to home buyers to
2be related to the benefits derived from such provisions. The council shall study the
3need for and availability of one-family and 2-family dwellings that are accessible to
4persons with disabilities, as defined in s.
101.22
106.04 (1m) (g), and shall make
5recommendations to the department for any changes to the uniform dwelling code
6that may be needed to ensure an adequate supply of one-family and 2-family
7dwellings. Upon its own initiative or at the request of the department, the council
8shall consider and make recommendations to the department pertaining to rules and
9any other matters related to this subchapter. The council shall recommend variances
10for different climate and soil conditions throughout the state.
AB150, s. 3730
11Section
3730. 101.80 (2) of the statutes is amended to read:
AB150,1305,1512
101.80
(2) "Public buildings" and "places of employment"
have the meanings
13provided by s. 101.01 (2) and include all exterior wiring except wiring owned, leased,
14operated or maintained by a public utility including any electrical cooperative, in the
15exercise of its utility function.
AB150, s. 3731
16Section
3731. 101.82 (1) of the statutes is amended to read:
AB150,1305,2217
101.82
(1) Adopt rules for the construction and inspection of electrical
18construction of public buildings and places of employment and for the inspection of
19electrical construction of places where farming, as defined in s. 101.01
(2) (f) (11), is
20conducted. Where feasible, the standards used shall be those nationally recognized.
21No rule may be adopted which does not take into account the conservation of energy
22in construction and maintenance of buildings.
AB150, s. 3732
23Section
3732. 101.92 (7) of the statutes is amended to read:
AB150,1305,2524
101.92
(7) Shall establish
within the division of safety and buildings a staff for
25the administration and enforcement of ss. 101.90 to 101.96.
AB150, s. 3733
1Section
3733. 101.973 (8) of the statutes is amended to read:
AB150,1306,32
101.973
(8) Deposit the moneys received from the fees under sub. (7) in the
3appropriation under s.
20.445 (1) 20.143 (3) (j).
AB150, s. 3734
4Section
3734. 101.975 (3) (a) 3. of the statutes is amended to read:
AB150,1306,75
101.975
(3) (a) 3. The ordinance does not conform to this subchapter and s.
6101.02 (7m) or is contrary to an order of the department under
ss. 101.01 to 101.25 7subch. I.
AB150, s. 3735
8Section
3735. 101.975 (3) (a) 4. of the statutes is amended to read:
AB150,1306,119
101.975
(3) (a) 4. The ordinance is more stringent than the corresponding
10provision of this subchapter or s. 101.02 or the contrary provision of an order of the
11department under
ss. 101.01 to 101.25 subch. I.
AB150, s. 3736
12Section
3736. 101.975 (3) (b) of the statutes is amended to read:
AB150,1306,1613
101.975
(3) (b) If a political subdivision has a preexisting stricter sprinkler
14ordinance, that ordinance remains in effect, except that the political subdivision may
15amend the ordinance to conform to this subchapter and s. 101.02 (7m) and to be not
16contrary to an order of the department under
ss. 101.01 to 101.25 subch. I.
AB150, s. 3737
17Section
3737. 102.01 (2) (ag) of the statutes is created to read:
AB150,1306,1818
102.01
(2) (ag) "Commissioner" means a member of the commission.
AB150, s. 3738
19Section
3738. 102.01 (2) (ap) of the statutes is created to read:
AB150,1306,2120
102.01
(2) (ap) "Department" means the department of industry, labor and
21human relations.
AB150, s. 3739
22Section
3739. 102.01 (2) (bm) of the statutes is created to read:
AB150,1307,223
102.01
(2) (bm) "General order" means such order as applies generally
24throughout the state to all persons, employments, places of employment or public
25buildings, or all persons, employments or places of employment or public buildings
1of a class under the jurisdiction of the department. All other orders of the department
2shall be considered special orders.
AB150, s. 3740
3Section
3740. 102.01 (2) (dm) of the statutes is created to read:
AB150,1307,64
102.01
(2) (dm) "Order" means any decision, rule, regulation, direction,
5requirement or standard of the department, or any other determination arrived at
6or decision made by the department.
AB150, s. 3741
7Section
3741. 102.01 (2) (em) of the statutes is created to read:
AB150,1307,98
102.01
(2) (em) "Secretary" means the secretary of industry, labor and human
9relations.
AB150, s. 3742
10Section
3742. 102.17 (1) (a) of the statutes is amended to read:
AB150,1308,711
102.17
(1) (a) Upon the filing with the department by any party in interest of
12any application in writing stating the general nature of any claim as to which any
13dispute or controversy may have arisen, it shall mail a copy of such application to all
14other parties in interest and the insurance carrier shall be deemed a party in
15interest. The department may bring in additional parties by service of a copy of the
16application. The department shall cause notice of hearing on the application to be
17given to each party interested, by service of such notice on the interested party
18personally or by mailing a copy to the interested party's last-known address at least
1910 days before such hearing. In case a party in interest is located without the state,
20and has no post-office address within this state, the copy of the application and
21copies of all notices shall be filed
in the office of the secretary of state with the
22department of revenue and shall also be sent by registered or certified mail to the
23last-known post-office address of such party. Such filing and mailing shall
24constitute sufficient service, with the same effect as if served upon a party located
25within this state. The hearing may be adjourned in the discretion of the department,
1and hearings may be held at such places as the department designates, within or
2without the state. The department may also arrange to have hearing held by the
3commission, officer or tribunal having authority to hear cases arising under the
4worker's compensation law of any other state, of the District of Columbia, or of any
5territory of the United States, the testimony and proceedings at any such hearing to
6be reported to the department and to be part of the record in the case. Any evidence
7so taken shall be subject to rebuttal upon final hearing before the department.
AB150, s. 3743
8Section
3743. 102.39 of the statutes is amended to read:
AB150,1308,12
9102.39 General orders; application of statutes. The provisions of
ch. 101, 10s. 103.005 relating to the adoption, publication, modification and court review of
11general orders of the department shall apply to all general orders adopted pursuant
12to this chapter.
AB150, s. 3744
13Section
3744. 102.42 (9) (b) of the statutes is amended to read:
AB150,1308,1914
102.42
(9) (b) Such specialist shall study the problems of rehabilitation, both
15physical and vocational and shall refer suitable cases to the department
of health
16and social services for vocational evaluation and training. The specialist shall
17investigate and maintain a directory of such rehabilitation facilities, private and
18public, as are capable of rendering competent rehabilitation service to seriously
19injured employes.
AB150, s. 3745
20Section
3745. 102.61 (1m) (a) of the statutes is amended to read:
AB150,1309,421
102.61
(1m) (a) If the department
of health and social services has determined
22under sub. (1) that an employe is eligible for vocational rehabilitation services under
2329 USC 701 to
797b, but that the department
of health and social services cannot
24provide those services for the employe, the employe may select a private
25rehabilitation counselor certified by the department
of industry, labor and human
1relations to determine whether the employe can return to suitable employment
2without rehabilitative training and, if that counselor determines that rehabilitative
3training is necessary, to develop a rehabilitative training program to restore as
4nearly as possible the employe to his or her preinjury earning capacity and potential.
AB150, s. 3746
5Section
3746. 103.001 of the statutes is created to read:
AB150,1309,7
6103.001 Definitions. In chs. 103 to 106, the following words and phrases have
7the designated meanings unless a different meaning is expressly provided:
AB150,1309,9
8(3) "Department" means the department of industry, labor and human
9relations.
AB150,1309,14
10(4) "Deputy" means any person employed by the department designated as a
11deputy, who possesses special, technical, scientific, managerial or personal abilities
12or qualities in matters within the jurisdiction of the department, and who may be
13engaged in the performance of duties under the direction of the secretary, calling for
14the exercise of such abilities or qualities.
AB150,1309,17
15(5) "Employe" means any person who may be required or directed by any
16employer, in consideration of direct or indirect gain or profit, to engage in any
17employment, or to go or work or be at any time in any place of employment.
AB150,1309,22
18(6) "Employer" means any person, firm, corporation, state, county, town, city,
19village, school district, sewer district, drainage district and other public or
20quasi-public corporations as well as any agent, manager, representative or other
21person having control or custody of any employment, place of employment or of any
22employe.
AB150,1310,2
23(7) "Employment" means any trade, occupation or process of manufacture, or
24any method of carrying on such trade, occupation or process of manufacture in which
1any person may be engaged, except in such private domestic service as does not
2involve the use of mechanical power and in farm labor as used in sub. (12).
AB150,1310,6
3(8) "Frequenter" means every person, other than an employe, who may go in
4or be in a place of employment or public building under circumstances which render
5such person other than a trespasser. Such term includes a pupil or student when
6enrolled in or receiving instruction at an educational institution.
AB150,1310,11
7(9) "General order" means such order as applies generally throughout the state
8to all persons, employments, places of employment or public buildings, or all persons,
9employments or places of employment or public buildings of a class under the
10jurisdiction of the department. All other orders of the department shall be
11considered special orders.
AB150,1310,16
12(10) "Local order" means any ordinance, order, rule or determination of any
13common council, board of alderpersons, board of trustees or the village board, of any
14village or city, a regulation or order of the local board of health, as defined in s. 250.01
15(3), or an order or direction of any official of a municipality, upon any matter over
16which the department has jurisdiction.
AB150,1310,19
17(11) "Order" means any decision, rule, regulation, direction, requirement or
18standard of the department, or any other determination arrived at or decision made
19by the department.
AB150,1311,6
20(12) "Place of employment" includes every place, whether indoors or out or
21underground and the premises appurtenant thereto where either temporarily or
22permanently any industry, trade or business is carried on, or where any process or
23operation, directly or indirectly related to any industry, trade or business, is carried
24on, and where any person is, directly or indirectly, employed by another for direct or
25indirect gain or profit, but does not include any place where persons are employed
1in private domestic service which does not involve the use of mechanical power or in
2farming. "Farming" includes those activities specified in s. 102.04 (3), and also
3includes the transportation of farm products, supplies or equipment directly to the
4farm by the operator of said farm or employes for use thereon, if such activities are
5directly or indirectly for the purpose of producing commodities for market, or as an
6accessory to such production.
AB150,1311,10
7(13) "Public building" means any structure, including exterior parts of such
8building, such as a porch, exterior platform or steps providing means of ingress or
9egress, used in whole or in part as a place of resort, assemblage, lodging, trade,
10traffic, occupancy, or use by the public or by 3 or more tenants.
AB150,1311,16
11(14) "Safe" or "safety", as applied to an employment or a place of employment
12or a public building, means such freedom from danger to the life, health, safety or
13welfare of employes or frequenters, or the public, or tenants, or fire fighters, and such
14reasonable means of notification, egress and escape in case of fire, and such freedom
15from danger to adjacent buildings or other property, as the nature of the employment,
16place of employment, or public building, will reasonably permit.
AB150,1311,17
17(15) "Secretary" means the secretary of industry, labor and human relations.
AB150,1311,18
18(16) "Welfare" includes comfort, decency and moral well-being.