SB436: Bill Text

SB436,176,6 84.06 (2) (a) All such highway improvements shall be executed by contract based on bids unless the department finds that another method as provided in sub. (3) or (4) would be more feasible and advantageous. Bids shall be advertised for in the manner determined by the department. Except as provided in s. 84.075, the contract shall be awarded to the lowest competent and responsible bidder as determined by the department. If the bid of the lowest competent bidder is determined by the department to be in excess of the estimated reasonable value of the work or not in the public interest, all bids may be rejected. The department shall, so far as reasonable, follow uniform methods of advertising for bids and may prescribe and require uniform forms of bids and contracts. Except as provided in par. (b), the secretary shall enter into the contract on behalf of the state. Every such contract is exempted from ss. 16.70 to 16.75, 16.755 to 16.82, 16.87 and 16.89, but ss. 16.528, 16.752 and 16.754 apply to the contract. Any such contract involving an expenditure of $1,000 or more shall not be valid until approved by the governor. The secretary may require the attorney general to examine any contract and any bond submitted in connection with the contract and report on its sufficiency of form and execution. The bond required by s. 779.14 (1m) (b) for any such contract involving an expenditure of less than $1,000 is exempt from approval by the governor and shall be subject to approval by the secretary. This subsection also applies to contracts with private contractors based on bids for maintenance under s. 84.07.

SB436, s. 320 Section 320. 85.52 (3) (dm) of the statutes, as created by 1997 Wisconsin Act 27, is repealed.

SB436, s. 321 Section 321. 93.06 (8) of the statutes is amended to read:

SB436,176,17 93.06 (8) Prescribe conditions of licenses. Issue Except as provided in s. 93.13, issue any permit, certificate, registration or license on a temporary or conditional basis, contingent upon pertinent circumstances or acts. If the temporary or conditional permit, certificate, registration or license is conditioned upon compliance with chs. 93 to 100, ch. 127, a rule promulgated by the department or a regulation adopted under s. 97.41 (7) within a specified period of time and the condition is not met within the specified period, the permit, certificate, registration or license shall be void.

SB436, s. 322 Section 322. 93.13 of the statutes is created to read:

SB436,176,23 93.13 License denial, nonrenewal and revocation based on tax delinquency. (1) The department shall require each applicant to provide the department with the applicant's social security number, if the applicant is an individual, or the applicant's federal employer identification number, if the applicant is not an individual, as a condition of issuing or renewing any of the following:

SB436,176,24 (a) A license under s. 94.10 (3) or (4).

SB436,176,25 (b) A license under s. 94.43.

SB436,177,1 (c) A registration under s. 94.50 (2).

SB436,177,2 (cm) A license under s. 94.64 (3).

SB436,177,3 (d) A license under s. 94.68 (1).

SB436,177,4 (e) A license under s. 94.685.

SB436,177,5 (f) A license under s. 94.703.

SB436,177,6 (fm) A license under s. 94.704.

SB436,177,7 (g) A license under s. 94.72 (5).

SB436,177,8 (h) A license under s. 95.69 (2).

SB436,177,9 (i) A license under s. 95.71 (2).

SB436,177,10 (im) A license under s. 95.72 (2).

SB436,177,11 (j) A license under s. 97.17 (2).

SB436,177,12 (jm) A license under s. 97.175 (2).

SB436,177,13 (k) A license under s. 97.20 (2).

SB436,177,14 (km) A license under s. 97.21 (2) or (3).

SB436,177,15 (L) A license under s. 97.22 (2).

SB436,177,16 (m) A license under s. 97.27 (2).

SB436,177,17 (mm) A license under s. 97.29 (2).

SB436,177,18 (n) A license under s. 97.30 (2).

SB436,177,19 (nm) A license or registration certificate under s. 97.42 (2).

SB436,177,20 (p) A license under s. 98.145.

SB436,177,21 (pm) A license under s. 98.146.

SB436,177,22 (q) A license under s. 98.16 (2).

SB436,177,23 (r) A license under s. 99.02 (1).

SB436,177,24 (rm) A registration certificate under s. 100.03 (2).

SB436,177,25 (s) A license under s. 127.02 (1).

SB436,178,1 (sm) A license under s. 127.03 (1).

SB436,178,4 (2) The department may not disclose any information received under sub. (1) to any person except to the department of revenue for the purpose of requesting certifications under s. 73.0301.

SB436,178,9 (3) The department shall deny an application for the issuance or renewal of a license, registration or registration certificate specified in sub. (1) or shall revoke a license, registration or registration certificate specified in sub. (1), if the department of revenue certifies under s. 73.0301 that the applicant or holder of the license, registration or registration certificate is liable for delinquent taxes.

SB436, s. 323 Section 323. 95.72 (2) (c) 5. of the statutes is amended to read:

SB436,178,12 95.72 (2) (c) 5. A Subject to s. 93.13, a person may renew a license by submitting the required license fee and renewal form.

SB436, s. 324 Section 324. 99.02 (1) of the statutes is amended to read:

SB436,179,2 99.02 (1) Application. Except as provided in sub. (2), no person may operate a warehouse, including a cold storage warehouse, for the storage of property as bailee for hire without a public warehouse keeper's license. A person desiring a public warehouse keeper's license shall apply on a form furnished by the department and shall set forth the location, size, character and equipment of the building or premises to be used by the applicant, the kinds of goods intended to be stored, the name of each partner if a partnership or of each member if a limited liability company, the names of the officers if a corporation, and such other facts as the department requires to show that the property proposed to be used is suitable for a warehouse and that the applicant is qualified as a public warehouse keeper. If Subject to s. 93.13, if the property proposed to be used is suitable for a public warehouse and the applicant is otherwise qualified, a license shall be issued upon payment of the license fee under sub. (3) and the filing of security or insurance as required under s. 99.03.

SB436, s. 325 Section 325. 101.01 (11) of the statutes is amended to read:

SB436,179,19 101.01 (11) "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. When used with relation to building codes, "place of employment" does not include an adult family home, as defined in s. 50.01 (1), or, except for the purposes of s. 101.11, a previously constructed building used as a community-based residential facility, as defined in s. 50.01 (1g), which serves 20 or fewer unrelated residents who are not related to the operator or administrator.

SB436, s. 326 Section 326. 101.01 (12) of the statutes is amended to read:

SB436,180,3 101.01 (12) "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. When used in relation to building codes, "public building" does not include a previously constructed building used as a community-based residential facility as defined in s. 50.01 (1g) which serves 20 or fewer unrelated residents who are not related to the operator or administrator or an adult family home, as defined in s. 50.01 (1)

SB436, s. 327 Section 327. 101.02 (20) of the statutes is created to read:

SB436,180,10 101.02 (20) (a) For purposes of this subsection, "license" means a license, permit or certificate of certification or registration issued by the department under ss. 101.09 (3) (c), 101.122 (2) (c), 101.143 (2) (g), 101.15 (2) (e), 101.17, 101.177 (4) (a), 101.178 (2) or (3) (a), 101.63 (2) or (2m), 101.653, 101.73 (5) or (6), 101.82 (2), 101.87, 101.95, 145.02 (4), 145.035, 145.045, 145.15, 145.16, 145.165, 145.17, 145.175, 145.18 or 167.10 (6m).

SB436,180,18 (b) The department of commerce may not issue or renew a license unless each applicant who is an individual provides the department of commerce with his or her social security number and each applicant that is not an individual provides the department of commerce with its federal employer identification number. The department of commerce may not disclose the social security number or the federal employer identification number of an applicant for a license or license renewal except to the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

SB436,180,21 (c) The department of commerce may not issue or renew a license if the department of revenue certifies under s. 73.0301 that the applicant or licensee is liable for delinquent taxes.

SB436,180,23 (d) The department of commerce shall revoke a license if the department of revenue certifies under s. 73.0301 that the licensee is liable for delinquent taxes.

SB436, s. 328 Section 328. 101.127 of the statutes is amended to read:

SB436,181,16 101.127 Building requirements for certain residential facilities. The department, after consultation with the department of health and family services, shall develop a building code for previously constructed buildings converted to use as community-based residential facilities as defined in s. 50.01 (1g) which serve between 9 and 20 unrelated residents who are not related to the operator or administrator. In setting standards, the department shall consider the criteria enumerated in ss. 46.03 (25) and 50.02 (3) (b), and in addition shall consider the relationship of the development and enforcement of the code to any relevant codes of the department of health and family services. The objectives of the code shall be to guarantee health and safety and to maintain insofar as possible a homelike environment. The department shall consult with the residential facilities council in developing the code. Notwithstanding s. 101.121, a historic building as defined in s. 101.121 (2) (am) which is converted to use as a community-based residential facility serving between 9 and 20 unrelated residents who are not related to the operator or administrator is governed only by the building code promulgated under this section.

SB436, s. 329 Section 329. 101.13 (title) of the statutes is amended to read:

SB436,181,19 101.13 (title) Physically disabled persons; place of employment and public building requirements.

SB436, s. 330 Section 330. 101.132 of the statutes is created to read:

SB436,181,22 101.132 Physically disabled persons; housing requirements. (1) Definitions. In this section:

SB436,181,23 (e) "Disability" has the meaning given in s. 106.04 (1m) (g).

SB436,181,24 (f) "Dwelling unit" has the meaning given in s. 106.04 (1m) (i).

SB436,181,25 (g) "Housing" has the meaning given in s. 106.04 (1m) (L).

SB436,182,5 (2) Discrimination against persons with physical disabilities prohibited. (a) Design and construction of covered multifamily housing. In addition to discrimination prohibited under s. 106.04 (2), (2m) and (2r) (b) and (bm), no person may design or construct covered multifamily housing unless it meets all of the following standards:

SB436, s. 331 Section 331. 101.143 (6s) of the statutes is created to read:

SB436,182,21 101.143 (6s) Arbitration. Upon the request of a person who files an appeal of a decision of the department under this section, if the amount at issue is $20,000 or less, the appeal shall be heard by one or more individuals designated by the department to serve as arbitrator under rules promulgated for this purpose by the department. In such an arbitration, the arbitrator shall render a decision at the conclusion of the hearing, or within 5 business days after the conclusion of the hearing if the arbitrator determines that additional time is needed to review materials submitted during the hearing, affirming, modifying or rejecting the decision of the department. The arbitrator shall promptly file his or her decision with the department. The decision of the arbitrator is final and shall stand as the decision of the department. An arbitrator's decision may not be cited as precedent in any other proceeding before the department or before any court. A decision under this subsection is subject to review under ss. 227.53 to 227.57 only on the ground that the decision was procured by corruption, fraud or undue means. The record of a proceeding under this subsection shall be transcribed as provided in s. 227.44 (8).

SB436, s. 332 Section 332. 102.27 (2) (a) of the statutes is amended to read:

SB436,182,24 102.27 (2) (a) A benefit under this chapter is assignable under s. 46.10 (14) (e), 301.12 (14) (e), 767.23 (1) (L), 767.25 (4m) (c), 767.265 (1) or 767.51 (3m) (c).

SB436, s. 333 Section 333. 102.33 (2) (b) 5. of the statutes is created to read:

SB436,183,4 102.33 (2) (b) 5. The department of revenue requests the record for the purpose of locating a person, or the assets of a person, who has failed to file tax returns, who has underreported taxable income or who is a delinquent taxpayer; identifying fraudulent tax returns; or providing information for tax-related prosecutions.

SB436, s. 334 Section 334. 106.04 (2r) (a) (intro.) of the statutes is repealed.

SB436, s. 335 Section 335. 106.04 (2r) (a) 1. of the statutes is renumbered 101.132 (1) (a).

SB436, s. 336 Section 336. 106.04 (2r) (a) 2. of the statutes is renumbered 101.132 (1) (b).

SB436, s. 337 Section 337. 106.04 (2r) (a) 3. of the statutes is renumbered 101.132 (1) (c).

SB436, s. 338 Section 338. 106.04 (2r) (a) 4. of the statutes is renumbered 101.132 (1) (d).

SB436, s. 339 Section 339. 106.04 (2r) (a) 5. of the statutes is renumbered 101.132 (1) (h) and amended to read:

SB436,183,15 101.132 (1) (h) "Remodeling" "Remodel" means to substantially improve, alter, extend or otherwise change the structure of a building or change the location of exits, but shall does not include maintenance, redecoration, reroofing or alteration of mechanical or electrical systems.

SB436, s. 340 Section 340. 106.04 (2r) (a) 6. of the statutes is renumbered 101.132 (1) (i).

SB436, s. 341 Section 341. 106.04 (2r) (c) (intro.) of the statutes is renumbered 106.04 (2r) (c) and amended to read:

SB436,184,2 106.04 (2r) (c) Design and construction of covered multifamily housing. In addition to discrimination prohibited under pars. (b) and (bm) and subs. (2) and (2m), no person may design or construct covered multifamily housing, as defined in s. 101.132 (1) (d), unless it meets all of the following the standards: specified in s. 101.132 (2) (a) 1. to 4. In addition, no person may remodel, as defined in s. 101.132 (1) (h), housing with 3 or more dwelling units unless the remodeled housing meets the standards specified in s. 101.132 (2) (a) 1. to 4. as required under s. 101.132 (2) (b) 1., 2. or 3., whichever is applicable.

SB436, s. 342 Section 342. 106.04 (2r) (c) 1. of the statutes is renumbered 101.132 (2) (a) 1.

SB436, s. 343 Section 343. 106.04 (2r) (c) 2. of the statutes is renumbered 101.132 (2) (a) 2.

SB436, s. 344 Section 344. 106.04 (2r) (c) 3. of the statutes is renumbered 101.132 (2) (a) 3.

SB436, s. 345 Section 345. 106.04 (2r) (c) 4. of the statutes is renumbered 101.132 (2) (a) 4.

SB436, s. 346 Section 346. 106.04 (2r) (d) of the statutes is renumbered 101.132 (2) (b) and amended to read:

SB436,184,12 101.132 (2) (b) Remodeling. 1. If more than 50% of the interior square footage of any housing with 3 or more dwelling units is to be remodeled, the entire housing shall conform to the standards in par. (c) (a), regardless of when the housing was first intended for occupancy.

SB436,184,16 2. If 25% to 50% of the interior square footage of any housing with 3 or more dwelling units is to be remodeled, that part of the housing that is to be remodeled shall conform to the standards in par. (c) (a), regardless of when the housing was first intended for occupancy.

SB436,184,22 3. If less than 25% of the interior square footage of any housing with 3 or more dwelling units is to be remodeled, the remodeling is not subject to the standards in par. (c) (a) unless the alteration involves work on doors, entrances, exits or toilet rooms, in which case the doors, entrances, exits or toilet rooms shall conform to the standards in par. (c) (a) regardless of when the housing was first intended for occupancy.

SB436,184,25 4. The department may grant a variance or waiver from the requirements under this paragraph relating to exterior accessibility using the standards and procedures under par. (e) (c).

SB436, s. 347 Section 347. 106.04 (2r) (e) of the statutes is renumbered 101.132 (2) (c) and amended to read:

SB436,185,10 101.132 (2) (c) Permit and variance procedures. 1. Plans and specifications for all covered multifamily housing subject to par. (c) (a) and proposed remodeling subject to par. (d) (b) shall be submitted to the department or its authorized representative for examination and approval before commencing work. The department shall promulgate rules that specify the materials to be included in the submittal, the procedures to be followed upon receipt of a submittal, reasonable time limitations for reviewing submittals and issuing or denying permits and qualifications for authorized representatives.

SB436,185,23 2. The department may grant a variance from the requirements relating to exterior accessibility under par. (c) (a) 1. or (d) (b), or from administrative rules promulgated under sub. (1s) par. (e) 2. or 3., if the person designing, constructing or remodeling the housing shows that meeting those requirements is impractical because of the terrain or unusual characteristics of the site. The department shall use a slope analysis of the undisturbed site for covered multifamily housing under par. (c) (a) or the existing site for remodeling under par. (d) (b) to determine the minimum number of accessible entrances at each site, with a minimum goal of exterior accessibility of 50% of the dwelling units of covered multifamily housing at one site. The department may impose specific conditions in granting a variance to promote exterior accessibility of the housing to persons with disabilities. If the department finds that exterior accessibility is impractical as to all dwelling units at a site, it may grant a waiver from the requirements under par. (c) (a) 1. or (d) (b).

SB436, s. 348 Section 348. 106.04 (2r) (f) (title) and 1. of the statutes are renumbered 101.132 (2) (d) (title) and 1.

SB436, s. 349 Section 349. 106.04 (2r) (f) 2. of the statutes is renumbered 101.132 (2) (d) 2. and amended to read: