Amendment ASA1-AB40

AB40-ASA1, s. 2365 Section 2365. 101.143 (3) (g) of the statutes is amended to read:

AB40-ASA1,948,4 101.143 (3) (g) Emergency situations. Notwithstanding pars. (a) 3. and (c) 1. and 2., an owner or operator or the person may submit a claim for an award under sub. (4) after notifying the department under par. (a) 3., without completing an investigation under par. (c) 1. and without preparing a remedial action plan under par. (c) 2. if an emergency existed which made the investigation under par. (c) 1. and the remedial action plan under par. (c) 2. inappropriate and, before conducting remedial action, the owner or operator or person notified the department of commerce safety and professional services and the department of natural resources of the emergency and the department of commerce safety and professional services and the department of natural resources authorized emergency action.

AB40-ASA1, s. 2366 Section 2366. 101.143 (4) (a) 6. of the statutes is amended to read:

AB40-ASA1,948,8 101.143 (4) (a) 6. In any fiscal year, the department may not award more than 5% of the amount appropriated under s. 20.143 (3) 20.165 (2) (v) as awards for petroleum product storage systems described in par. (ei).

AB40-ASA1, s. 2367 Section 2367. 101.143 (4) (a) 7. of the statutes is amended to read:

AB40-ASA1,948,13 101.143 (4) (a) 7. In any fiscal year, the department may not award more than 5% of the amount appropriated under s. 20.143 (3) 20.165 (2) (v) as awards for petroleum product storage systems that are owned by school districts and that are used for storing heating oil for consumptive use on the premises where stored.

AB40-ASA1, s. 2368 Section 2368. 101.143 (4) (cc) 2. b. of the statutes is amended to read:

AB40-ASA1,948,18 101.143 (4) (cc) 2. b. An applicant that is engaged in the expansion or redevelopment of brownfields, as defined in s. 560.13 238.13 (1) (a), if federal or state financial assistance other than under this section, has been provided for that expansion or redevelopment.

AB40-ASA1, s. 2369 Section 2369. 101.143 (4) (ei) 2m. of the statutes is amended to read:

AB40-ASA1,948,24 101.143 (4) (ei) 2m. The owner or operator of the farm tank has received a letter or notice from the department of commerce safety and professional services or department of natural resources indicating that the owner or operator must conduct a site investigation or remedial action because of a discharge from the farm tank or an order to conduct such an investigation or remedial action.

AB40-ASA1, s. 2370 Section 2370. 101.143 (4) (es) 1. of the statutes is amended to read:

AB40-ASA1,949,7 101.143 (4) (es) 1. The department shall issue an award for a claim filed after August 9, 1989, for eligible costs, under par. (b), incurred on or after August 1, 1987, by an owner or operator or a person owning a home oil tank system in investigating the existence of a discharge or investigating the presence of petroleum products in soil or groundwater if the investigation is undertaken at the written direction of the department of commerce safety and professional services or the department of natural resources and no discharge or contamination is found.

AB40-ASA1, s. 2371 Section 2371. 101.144 (3) (b) of the statutes is amended to read:

AB40-ASA1,949,10 101.144 (3) (b) The department of commerce safety and professional services requests the department of natural resources to take the action or issue the order.

AB40-ASA1, s. 2372 Section 2372. 101.144 (3) (c) of the statutes is amended to read:

AB40-ASA1,949,13 101.144 (3) (c) The secretary of natural resources approves the action or order in advance after notice to the secretary of commerce safety and professional services.

AB40-ASA1, s. 2373 Section 2373. 101.144 (3g) (a) of the statutes is amended to read:

AB40-ASA1,950,8 101.144 (3g) (a) If, on December 1, 1999, more than 35% of sites classified under this section, excluding sites that are contaminated by a hazardous substance other than a petroleum product or an additive to a petroleum product, are classified as high-risk sites, the department of commerce safety and professional services and the department of natural resources shall attempt to reach an agreement that specifies standards for determining whether the site of a discharge of a petroleum product from a petroleum storage tank is classified as high risk. The standards shall be designed to classify no more than 35% of those sites as high-risk sites and may not classify all sites at which an enforcement standard is exceeded as high-risk sites. If the department of commerce safety and professional services and the department of natural resources are unable to reach an agreement, they shall refer the matters on which they are unable to agree to the secretary of administration for resolution. The secretary of administration shall resolve any matters on which the departments disagree in a manner that is consistent with this paragraph. The department of commerce safety and professional services shall promulgate rules incorporating any agreement between the department of commerce safety and professional services and the department of natural resources under this paragraph and any resolution of disagreements between the departments by the secretary of administration under this paragraph.

AB40-ASA1, s. 2374 Section 2374. 101.144 (3g) (b) of the statutes is amended to read:

AB40-ASA1,950,15 101.144 (3g) (b) If, 6 months after rules under par. (a) are in effect, more than 35% of the sites classified under this section, excluding sites that are contaminated by a hazardous substance other than a petroleum product or an additive to a petroleum product, are classified as high-risk sites, the department of commerce safety and professional services shall revise the rules using the procedure for promulgating the rules in par. (a).

AB40-ASA1, s. 2375 Section 2375. 101.144 (3m) (a) (intro.) of the statutes is amended to read:

AB40-ASA1,950,19 101.144 (3m) (a) (intro.) The department of commerce safety and professional services and the department of natural resources shall enter into a memorandum of understanding that does all of the following:

AB40-ASA1, s. 2376 Section 2376. 101.144 (3m) (b) of the statutes is amended to read:

AB40-ASA1,950,25 101.144 (3m) (b) The department of commerce safety and professional services and the department of natural resources shall submit a memorandum of understanding under this subsection to the secretary of administration for review. A memorandum of understanding under this subsection does not take effect until it is approved by the secretary of administration.

AB40-ASA1, s. 2377 Section 2377. 101.149 (6) (b) of the statutes is amended to read:

AB40-ASA1,951,12 101.149 (6) (b) The department shall promulgate rules, in consultation with the department of health services, under which the department of commerce safety and professional services shall authorize certified heating, ventilating, and air conditioning inspectors to conduct regular inspections of sealed combustion units, as required under par. (5) (c), for carbon monoxide emissions in residential buildings other than hotels, tourist rooming houses, and bed and breakfast establishments. The rules shall specify conditions under which it may issue orders as specified under sub. (8) (a). The rules may not require the department of commerce safety and professional services to authorize inspection of sealed combustion units during the period in which the sealed combustion units are covered by a manufacturer's warranty against defects.

AB40-ASA1, s. 2378 Section 2378. 101.149 (8) (a) of the statutes is amended to read:

AB40-ASA1,951,22 101.149 (8) (a) If the department of commerce safety and professional services or the department of health services determines after an inspection of a building under this section or s. 254.74 (1g) that the owner of the building has violated sub. (2) or (3), the respective department shall issue an order requiring the person to correct the violation within 5 days or within such shorter period as the respective department determines is necessary to protect public health and safety. If the person does not correct the violation within the time required, he or she shall forfeit $50 for each day of violation occurring after the date on which the respective department finds that the violation was not corrected.

AB40-ASA1, s. 2378m Section 2378m. 101.19 (1) (k) of the statutes is amended to read:

AB40-ASA1,952,2 101.19 (1) (k) Administering subch. VII, except that the department may not charge a fee for an emergency elevator mechanic's license under s. 101.985 (2) (c) or a conveyance operation permit under s. 101.983 (2) for a platform lift, stairway chair lift, or any other lift in a private residence.

AB40-ASA1, s. 2379 Section 2379. 101.563 (2) (b) 1. of the statutes is amended to read:

AB40-ASA1,952,20 101.563 (2) (b) 1. `Payments from calendar year 2001 dues.' Notwithstanding s. 101.573 (3) (a), by the 30th day following July 30, 2002, the department shall compile the fire department dues paid by all insurers under s. 601.93 and the dues paid by the state fire fund under s. 101.573 (1) and funds remaining under s. 101.573 (3) (b), subtract the total amount due to be paid under par. (a), withhold 0.5%, and certify to the secretary of administration the proper amount to be paid from the appropriation under s. 20.143 (3) 20.165 (2) (L) to each city, village, and town entitled to a proportionate share of fire department dues as provided under sub. (1) (b) and s. 101.575. If the department has previously certified an amount to the secretary of administration under s. 101.573 (3) (a) during calendar year 2002, the department shall recertify the amount in the manner provided under this subdivision. On or before August 1, 2002, the secretary of administration shall pay the amounts certified or recertified by the department under this subdivision to each city, village, and town entitled to a proportionate share of fire department dues as provided under sub. (1) and s. 101.575. The secretary of administration may combine any payment due under this subdivision with any amount due to be paid on or before August 1, 2002, to the same city, village, or town under par. (a).

AB40-ASA1, s. 2380 Section 2380. 101.563 (2) (b) 2. of the statutes is amended to read:

AB40-ASA1,953,8 101.563 (2) (b) 2. `Payments from dues for calendar years 2002 to 2004.' Notwithstanding s. 101.573 (3) (a) and except as otherwise provided in this subdivision, on or before May 1 in each year, the department shall compile the fire department dues paid by all insurers under s. 601.93 and the dues paid by the state fire fund under s. 101.573 (1) and funds remaining under s. 101.573 (3) (b), withhold 0.5% and certify to the secretary of administration the proper amount to be paid from the appropriation under s. 20.143 (3) 20.165 (2) (L) to each city, village, and town entitled to a proportionate share of fire department dues as provided under sub. (1) (b) and s. 101.575. Annually, on or before August 1, the secretary of administration shall pay the amounts certified by the department to each such city, village, and town. This paragraph applies only to payment of a proportionate share of fire department dues collected for calendar years 2002 to 2004.

AB40-ASA1, s. 2381 Section 2381. 101.573 (3) (a) of the statutes is amended to read:

AB40-ASA1,953,17 101.573 (3) (a) On or before May 1 in each year, the department shall compile the fire department dues paid by all insurers under s. 601.93 and the dues paid by the state fire fund under sub. (1) and funds remaining under par. (b), withhold .5% and certify to the secretary of administration the proper amount to be paid from the appropriation under s. 20.143 (3) 20.165 (2) (L) to each city, village, or town entitled to fire department dues under s. 101.575. Annually, on or before August 1, the secretary of administration shall pay the amounts certified by the department to the cities, villages and towns eligible under s. 101.575.

AB40-ASA1, s. 2382 Section 2382. 101.573 (5) of the statutes is amended to read:

AB40-ASA1,953,20 101.573 (5) The department shall promulgate a rule defining "administrative expenses" for purposes of s. 20.143 (3) 20.165 (2) (La).

AB40-ASA1, s. 2383 Section 2383. 101.657 (5) of the statutes is amended to read:

AB40-ASA1,953,25 101.657 (5) From the appropriation under s. 20.143 (3) 20.165 (2) (j), beginning with fiscal year 2005-06, the department shall allocate $100,000 annually for the contract required under sub. (2) and at least $600,000 annually for the contract required under sub. (3).

AB40-ASA1, s. 2384 Section 2384. 101.935 (2) (e) of the statutes is amended to read:

AB40-ASA1,954,5 101.935 (2) (e) Section 254.69 (2), as it applies to an agent for the department of health services in the administration of s. 254.47, applies to an agent for the department of commerce safety and professional services in the administration of this section.

AB40-ASA1, s. 2385 Section 2385. 101.951 (7) (a) of the statutes is amended to read:

AB40-ASA1,954,14 101.951 (7) (a) The department of commerce safety and professional services may, without notice, deny the application for a license within 60 days after receipt thereof by written notice to the applicant, stating the grounds for the denial. Within 30 days after such notice, the applicant may petition the department of administration to conduct a hearing to review the denial, and a hearing shall be scheduled with reasonable promptness. The division of hearings and appeals shall conduct the hearing. This paragraph does not apply to denials of applications for licenses under s. 101.02 (21).

AB40-ASA1, s. 2386 Section 2386. 101.951 (7) (b) of the statutes is amended to read:

AB40-ASA1,955,3 101.951 (7) (b) No license may be suspended or revoked except after a hearing thereon. The department of commerce safety and professional services shall give the licensee at least 5 days' notice of the time and place of the hearing. The order suspending or revoking such license shall not be effective until after 10 days' written notice thereof to the licensee, after such hearing has been had; except that the department of commerce safety and professional services, when in its opinion the best interest of the public or the trade demands it, may suspend a license upon not less than 24 hours' notice of hearing and with not less than 24 hours' notice of the suspension of the license. Matters involving suspensions and revocations brought before the department of commerce safety and professional services shall be heard and decided upon by the department of administration. The division of hearings and appeals shall conduct the hearing. This paragraph does not apply to licenses that are suspended or revoked under s. 101.02 (21).

AB40-ASA1, s. 2387 Section 2387. 101.951 (7) (c) of the statutes is amended to read:

AB40-ASA1,955,10 101.951 (7) (c) The department of commerce safety and professional services may inspect the pertinent books, records, letters and contracts of a licensee. The actual cost of each such examination shall be paid by such licensee so examined within 30 days after demand therefor by the department, and the department may maintain an action for the recovery of such costs in any court of competent jurisdiction.

AB40-ASA1, s. 2388 Section 2388. 101.953 (1) (a) of the statutes is amended to read:

AB40-ASA1,955,15 101.953 (1) (a) A statement that the manufactured home meets those standards prescribed by law or administrative rule of the department of administration or of the department of commerce safety and professional services that are in effect at the time of the manufacture of the manufactured home.

AB40-ASA1, s. 2389 Section 2389. 101.973 (8) of the statutes is amended to read:

AB40-ASA1,955,18 101.973 (8) Deposit the moneys received from the fees under sub. (7) in the appropriation under s. 20.143 (3) 20.165 (2) (j).

AB40-ASA1, s. 2389g Section 2389g. 101.981 (1) (c) of the statutes is amended to read:

AB40-ASA1,956,2 101.981 (1) (c) "Conveyance" means an elevator, an escalator, a dumbwaiter, a belt manlift, a moving walkway, a platform lift, a personnel hoist, a material hoist and a stairway chair lift, and any other similar device, such as an automated people mover, used to elevate or move people or things, as provided in the rules of the department. "Conveyance" does not include a personnel hoist; a material hoist; a grain elevator; a ski lift or towing device, or; an amusement or thrill ride; or a vertical platform lift, inclined platform lift, or a stairway chair lift that serves an individual residential dwelling unit.

AB40-ASA1, s. 2389m Section 2389m. 101.983 (2) (c) of the statutes is amended to read:

AB40-ASA1,956,18 101.983 (2) (c) Inspections. The department may not issue or renew a permit under this subsection unless the department has received an inspection report for the conveyance issued by an elevator inspector licensed under s. 101.985 (3) indicating that the conveyance complies with this subchapter and any applicable rules promulgated under this subchapter. Upon request of the owner of a private residence containing a newly installed platform lift, stairway chair lift, or residential lift or of the new owner of a private residence containing a previously installed platform lift, stairway chair lift, or residential lift, the department shall inspect the lift or equipment for compliance with this subchapter and any applicable rules promulgated under this subchapter. This inspection by the department does not exempt the owner from the requirement to ensure that the department receives an inspection report from a licensed elevator inspector. Upon performing this inspection, the department shall give the owner notice of relevant conveyance safety requirements and shall instruct the owner as to the procedure for obtaining periodic inspections and renewing the permit under which the lift or equipment is operated.

AB40-ASA1, s. 2389r Section 2389r. 101.983 (2) (d) of the statutes is amended to read:

AB40-ASA1,957,2 101.983 (2) (d) Term and posting requirements. A permit issued under this subsection has a term of one year, except that a permit applicable to a platform lift, stairway chair lift, or residential lift in a private residence is valid until ownership of the private residence is transferred, at which time the new owner shall apply for renewal of the permit under par. (b). The owner of the building or residence in which a conveyance is located shall display the permit under par. (a) applicable to the conveyance on or in the conveyance or, if applicable, in the machinery room.

AB40-ASA1, s. 2390b Section 2390b. 103.24 of the statutes is amended to read:

AB40-ASA1,957,13 103.24 Hours of work. The department shall determine and fix reasonable hours of employment for minors under 16 years of age in street trades. Except as provided in this section, the department may not fix hours of employment for minors under 16 years of age in street trades that exceed the maximum hours per day and per week specified in s. 103.68 (2) (a) and (b), that exceed the maximum days per week specified in s. 103.68 (2) (c), or that begin earlier or end later than the hours specified in s. 103.68 (2) (d) and (e). The department may not limit the hours of employment for minors 16 years of age or over in street trades or the hours of employment for minors of any age who are engaged in the delivery of newspapers to the consumer.

AB40-ASA1, s. 2390c Section 2390c. 103.49 (1) (br) of the statutes is created to read:

AB40-ASA1,957,17 103.49 (1) (br) "Multiple-trade project of public works" means a project of public works in which no single trade accounts for 85 percent or more of the total labor cost of the project.

AB40-ASA1, s. 2390d Section 2390d. 103.49 (1) (em) of the statutes is created to read:

AB40-ASA1,957,21 103.49 (1) (em) "Single-trade project of public works" means a project of public works in which a single trade accounts for 85 percent or more of the total labor cost of the project.

AB40-ASA1, s. 2390e Section 2390e. 103.49 (1m) (intro.) of the statutes is amended to read:

AB40-ASA1,958,2 103.49 (1m) Applicability. (intro.) Subject to sub. (3g), this section applies to any project of public works erected, constructed, repaired, remodeled, or demolished for the state or a state agency, other than a highway, street, or bridge construction or maintenance project, including all of the following:

AB40-ASA1, s. 2390ed Section 2390ed. 103.49 (1m) (a) of the statutes is amended to read:

AB40-ASA1,958,6 103.49 (1m) (a) A project erected, constructed, repaired, remodeled, or demolished by one state agency for another state agency under any contract or under any statute specifically authorizing cooperation between state agencies.

AB40-ASA1, s. 2390f Section 2390f. 103.49 (1m) (b) of the statutes is amended to read:

AB40-ASA1,958,11 103.49 (1m) (b) A project in which the completed facility is leased, purchased, lease purchased, or otherwise acquired by, or dedicated to, the state in lieu of the state or a state agency contracting for the erection, construction, repair, remodeling, or demolition of the facility.

AB40-ASA1, s. 2390h Section 2390h. 103.49 (2m) (b) (intro.) of the statutes is amended to read:

AB40-ASA1,958,21 103.49 (2m) (b) (intro.) Notwithstanding par. (a) 1., a A laborer, worker, mechanic, or truck driver who is regularly employed to process, manufacture, pick up, or deliver materials or products from a commercial establishment that has a fixed place of business from which the establishment regularly supplies processed or manufactured materials or products or from a facility that is not dedicated exclusively, or nearly so, to a project of public works that is subject to this section is not entitled to receive the prevailing wage rate determined under sub. (3) or to receive at least 1.5 times his or her hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor unless any of the following applies:

AB40-ASA1, s. 2390i Section 2390i. 103.49 (2m) (b) 1. of the statutes is amended to read:

AB40-ASA1,959,4 103.49 (2m) (b) 1. The laborer, worker, mechanic, or truck driver is employed to go to the source of mineral aggregate such as sand, gravel, or stone that is to be immediately incorporated into the work, and not stockpiled or further transported by truck, pick up that mineral aggregate, and deliver that mineral aggregate to the site of a project of public works that is subject to this section by depositing the material substantially in place, directly in final place, from the transporting vehicle or through spreaders from the transporting vehicle.

AB40-ASA1, s. 2390L Section 2390L. 103.49 (3) (ar) of the statutes is amended to read:

AB40-ASA1,959,14 103.49 (3) (ar) In determining prevailing wage rates under par. (a) or (am), the department may not use data from projects that are subject to this section, s. 66.0903, 66.0904, 103.50, or 229.8275, or 40 USC 3142 unless the department determines that there is insufficient wage data in the area to determine those prevailing wage rates, in which case the department may use data from projects that are subject to this section, s. 66.0903, 66.0904, 103.50, or 229.8275 , or 40 USC 3142. In determining prevailing wage rates under par. (a) or (am), the department may not use data from any construction work performed by a state agency or a local governmental unit, as defined in s. 66.0903 (1) (d).

AB40-ASA1, s. 2390m Section 2390m. 103.49 (3g) (a) of the statutes is amended to read:

AB40-ASA1,959,18 103.49 (3g) (a) A single-trade project of public works for which the estimated project cost of completion is less than $25,000 $48,000 or a multiple-trade project of public works for which the estimated project cost of completion is less than $100,000.

AB40-ASA1, s. 2390n Section 2390n. 103.49 (3g) (b) of the statutes is amended to read:

AB40-ASA1,959,24 103.49 (3g) (b) A Work performed on a project of public works in which the labor for the project is provided by unpaid volunteers for which the state or the state agency contracting for the project is not required to compensate any contractor, subcontractor, contractor's or subcontractor's agent, or individual for performing the work.

AB40-ASA1, s. 2390p Section 2390p. 103.49 (3g) (f) of the statutes is created to read:

AB40-ASA1,960,1 103.49 (3g) (f) A public highway, street, or bridge project.

AB40-ASA1, s. 2390q Section 2390q. 103.49 (3g) (g) of the statutes is created to read:

AB40-ASA1,960,5 103.49 (3g) (g) A project of public works involving the erection, construction, repair, remodeling, or demolition of a residential property containing 2 dwelling units or less.

AB40-ASA1, s. 2390r Section 2390r. 103.49 (3g) (h) of the statutes is created to read:

AB40-ASA1,960,11 103.49 (3g) (h) A road, street, bridge, sanitary sewer, or water main project that is a part of a development in which not less than 90 percent of the lots contain or will contain 2 dwelling units or less, as determined by the local governmental unit at the time of approval of the development, and that, on completion, is acquired by, or dedicated to, the state for ownership or maintenance by the state.

AB40-ASA1, s. 2390s Section 2390s. 103.49 (5) (am) of the statutes is repealed.

AB40-ASA1, s. 2390t Section 2390t. 103.49 (5) (c) of the statutes is amended to read:

AB40-ASA1,961,15 103.49 (5) (c) If requested by any person, the department shall inspect the payroll records of any contractor, subcontractor, or agent performing work on a project of public works that is subject to this section as provided in this paragraph to ensure compliance with this section. In the case of a request made by a person performing the work specified in sub. (2m), if the department finds that the contractor, subcontractor, or agent subject to the inspection is in compliance and that the request is frivolous, the department shall charge the person making the request the actual cost of the inspection. In the case of a request made by a person not performing the work specified in sub. (2m), if the department finds that the contractor, subcontractor, or agent subject to the inspection is in compliance and that the request is frivolous, the department shall charge the person making the request $250 or the actual cost of the inspection, whichever is greater. In order to find that a request is frivolous, the department must find that the person making the request made the request in bad faith, solely for the purpose of harassing or maliciously injuring the contractor, subcontractor, or agent subject to the inspection, or that the person making the request knew, or should have known, that there was no reasonable basis for believing that a violation of this section had been committed. On receipt of such a request, the department shall request the contractor, subcontractor, or agent to submit to the department a certified record of the information specified in par. (a), other than personally identifiable information relating to an employee of the contractor, subcontractor, or agent, for no longer than a 4-week period. The department may request a contractor, subcontractor, or agent to submit those records no more than once per calendar quarter for each project of public works on which the contractor, subcontractor, or agent is performing work. The department may not charge a requester a fee for obtaining that information. The department shall make available for public inspection certified records submitted to the department under this paragraph.