SB27-SSA1,978,86
101.143
(4) (a) 6. In any fiscal year, the department may not award more than
75% of the amount appropriated under s.
20.143 (3)
20.165 (2) (v) as awards for
8petroleum product storage systems described in par. (ei).
SB27-SSA1,978,1310
101.143
(4) (a) 7. In any fiscal year, the department may not award more than
115% of the amount appropriated under s.
20.143 (3)
20.165 (2) (v) as awards for
12petroleum product storage systems that are owned by school districts and that are
13used for storing heating oil for consumptive use on the premises where stored.
SB27-SSA1, s. 1493
14Section
1493. 101.143 (4) (cc) 2. b. of the statutes is amended to read:
SB27-SSA1,978,1815
101.143
(4) (cc) 2. b. An applicant that is engaged in the expansion or
16redevelopment of brownfields, as defined in s.
560.13
238.13 (1) (a), if federal or state
17financial assistance other than under this section, has been provided for that
18expansion or redevelopment.
SB27-SSA1, s. 1494
19Section
1494. 101.143 (4) (ei) 2m. of the statutes is amended to read:
SB27-SSA1,978,2420
101.143
(4) (ei) 2m. The owner or operator of the farm tank has received a letter
21or notice from the department of
commerce safety and professional services or
22department of natural resources indicating that the owner or operator must conduct
23a site investigation or remedial action because of a discharge from the farm tank or
24an order to conduct such an investigation or remedial action.
SB27-SSA1, s. 1495
25Section
1495. 101.143 (4) (es) 1. of the statutes is amended to read:
SB27-SSA1,979,7
1101.143
(4) (es) 1. The department shall issue an award for a claim filed after
2August 9, 1989, for eligible costs, under par. (b), incurred on or after August 1, 1987,
3by an owner or operator or a person owning a home oil tank system in investigating
4the existence of a discharge or investigating the presence of petroleum products in
5soil or groundwater if the investigation is undertaken at the written direction of the
6department of
commerce safety and professional services or the department of
7natural resources and no discharge or contamination is found.
SB27-SSA1,979,109
101.144
(3) (b) The department of
commerce safety and professional services 10requests the department of natural resources to take the action or issue the order.
SB27-SSA1,979,1312
101.144
(3) (c) The secretary of natural resources approves the action or order
13in advance after notice to the secretary of
commerce
safety and professional services.
SB27-SSA1,980,815
101.144
(3g) (a) If, on December 1, 1999, more than 35% of sites classified
16under this section, excluding sites that are contaminated by a hazardous substance
17other than a petroleum product or an additive to a petroleum product, are classified
18as high-risk sites, the department of
commerce safety and professional services and
19the department of natural resources shall attempt to reach an agreement that
20specifies standards for determining whether the site of a discharge of a petroleum
21product from a petroleum storage tank is classified as high risk. The standards shall
22be designed to classify no more than 35% of those sites as high-risk sites and may
23not classify all sites at which an enforcement standard is exceeded as high-risk sites.
24If the department of
commerce safety and professional services and the department
25of natural resources are unable to reach an agreement, they shall refer the matters
1on which they are unable to agree to the secretary of administration for resolution.
2The secretary of administration shall resolve any matters on which the departments
3disagree in a manner that is consistent with this paragraph. The department of
4commerce safety and professional services shall promulgate rules incorporating any
5agreement between the department of
commerce safety and professional services 6and the department of natural resources under this paragraph and any resolution
7of disagreements between the departments by the secretary of administration under
8this paragraph.
SB27-SSA1,980,1510
101.144
(3g) (b) If, 6 months after rules under par. (a) are in effect, more than
1135% of the sites classified under this section, excluding sites that are contaminated
12by a hazardous substance other than a petroleum product or an additive to a
13petroleum product, are classified as high-risk sites, the department of
commerce 14safety and professional services shall revise the rules using the procedure for
15promulgating the rules in par. (a).
SB27-SSA1, s. 1500
16Section
1500. 101.144 (3m) (a) (intro.) of the statutes is amended to read:
SB27-SSA1,980,1917
101.144
(3m) (a) (intro.) The department of
commerce safety and professional
18services and the department of natural resources shall enter into a memorandum of
19understanding that does all of the following:
SB27-SSA1,980,2521
101.144
(3m) (b) The department of
commerce safety and professional services 22and the department of natural resources shall submit a memorandum of
23understanding under this subsection to the secretary of administration for review.
24A memorandum of understanding under this subsection does not take effect until it
25is approved by the secretary of administration.
SB27-SSA1,981,122
101.149
(6) (b) The department shall promulgate rules, in consultation with
3the department of health services, under which the department of
commerce safety
4and professional services shall authorize certified heating, ventilating, and air
5conditioning inspectors to conduct regular inspections of sealed combustion units, as
6required under par. (5) (c), for carbon monoxide emissions in residential buildings
7other than hotels, tourist rooming houses, and bed and breakfast establishments.
8The rules shall specify conditions under which it may issue orders as specified under
9sub. (8) (a). The rules may not require the department of
commerce safety and
10professional services to authorize inspection of sealed combustion units during the
11period in which the sealed combustion units are covered by a manufacturer's
12warranty against defects.
SB27-SSA1,981,2214
101.149
(8) (a) If the department of
commerce safety and professional services 15or the department of health services determines after an inspection of a building
16under this section or s. 254.74 (1g) that the owner of the building has violated sub.
17(2) or (3), the respective department shall issue an order requiring the person to
18correct the violation within 5 days or within such shorter period as the respective
19department determines is necessary to protect public health and safety. If the person
20does not correct the violation within the time required, he or she shall forfeit $50 for
21each day of violation occurring after the date on which the respective department
22finds that the violation was not corrected.
SB27-SSA1,982,224
101.19
(1) (k) Administering subch. VII, except that the department may not
25charge a fee for an emergency elevator mechanic's license under s. 101.985 (2) (c)
or
1a conveyance operation permit under s. 101.983 (2) for a platform lift, stairway chair
2lift, or any other lift in a private residence.
SB27-SSA1,982,204
101.563
(2) (b) 1. `Payments from calendar year 2001 dues.' Notwithstanding
5s. 101.573 (3) (a), by the 30th day following July 30, 2002, the department shall
6compile the fire department dues paid by all insurers under s. 601.93 and the dues
7paid by the state fire fund under s. 101.573 (1) and funds remaining under s. 101.573
8(3) (b), subtract the total amount due to be paid under par. (a), withhold 0.5%, and
9certify to the secretary of administration the proper amount to be paid from the
10appropriation under s.
20.143 (3) 20.165 (2) (L) to each city, village, and town entitled
11to a proportionate share of fire department dues as provided under sub. (1) (b) and
12s. 101.575. If the department has previously certified an amount to the secretary of
13administration under s. 101.573 (3) (a) during calendar year 2002, the department
14shall recertify the amount in the manner provided under this subdivision. On or
15before August 1, 2002, the secretary of administration shall pay the amounts
16certified or recertified by the department under this subdivision to each city, village,
17and town entitled to a proportionate share of fire department dues as provided under
18sub. (1) and s. 101.575. The secretary of administration may combine any payment
19due under this subdivision with any amount due to be paid on or before August 1,
202002, to the same city, village, or town under par. (a).
SB27-SSA1,983,822
101.563
(2) (b) 2. `Payments from dues for calendar years 2002 to 2004.'
23Notwithstanding s. 101.573 (3) (a) and except as otherwise provided in this
24subdivision, on or before May 1 in each year, the department shall compile the fire
25department dues paid by all insurers under s. 601.93 and the dues paid by the state
1fire fund under s. 101.573 (1) and funds remaining under s. 101.573 (3) (b), withhold
20.5% and certify to the secretary of administration the proper amount to be paid from
3the appropriation under s.
20.143 (3) 20.165 (2) (L) to each city, village, and town
4entitled to a proportionate share of fire department dues as provided under sub. (1)
5(b) and s. 101.575. Annually, on or before August 1, the secretary of administration
6shall pay the amounts certified by the department to each such city, village, and
7town. This paragraph applies only to payment of a proportionate share of fire
8department dues collected for calendar years 2002 to 2004.
SB27-SSA1,983,1710
101.573
(3) (a) On or before May 1 in each year, the department shall compile
11the fire department dues paid by all insurers under s. 601.93 and the dues paid by
12the state fire fund under sub. (1) and funds remaining under par. (b), withhold .5%
13and certify to the secretary of administration the proper amount to be paid from the
14appropriation under s.
20.143 (3) 20.165 (2) (L) to each city, village, or town entitled
15to fire department dues under s. 101.575. Annually, on or before August 1, the
16secretary of administration shall pay the amounts certified by the department to the
17cities, villages and towns eligible under s. 101.575.
SB27-SSA1,983,2019
101.573
(5) The department shall promulgate a rule defining "administrative
20expenses" for purposes of s.
20.143 (3) 20.165 (2) (La).
SB27-SSA1,983,2522
101.657
(5) From the appropriation under s.
20.143 (3) 20.165 (2) (j), beginning
23with fiscal year 2005-06, the department shall allocate $100,000 annually for the
24contract required under sub. (2) and at least $600,000 annually for the contract
25required under sub. (3).
SB27-SSA1,984,52
101.935
(2) (e) Section 254.69 (2), as it applies to an agent for the department
3of health services in the administration of s. 254.47, applies to an agent for the
4department of
commerce safety and professional services in the administration of
5this section.
SB27-SSA1,984,147
101.951
(7) (a) The department of
commerce safety and professional services 8may, without notice, deny the application for a license within 60 days after receipt
9thereof by written notice to the applicant, stating the grounds for the denial. Within
1030 days after such notice, the applicant may petition the department of
11administration to conduct a hearing to review the denial, and a hearing shall be
12scheduled with reasonable promptness. The division of hearings and appeals shall
13conduct the hearing. This paragraph does not apply to denials of applications for
14licenses under s. 101.02 (21).
SB27-SSA1,985,316
101.951
(7) (b) No license may be suspended or revoked except after a hearing
17thereon. The department of
commerce safety and professional services shall give the
18licensee at least 5 days' notice of the time and place of the hearing. The order
19suspending or revoking such license shall not be effective until after 10 days' written
20notice thereof to the licensee, after such hearing has been had; except that the
21department of
commerce safety and professional services, when in its opinion the
22best interest of the public or the trade demands it, may suspend a license upon not
23less than 24 hours' notice of hearing and with not less than 24 hours' notice of the
24suspension of the license. Matters involving suspensions and revocations brought
25before the department of
commerce safety and professional services shall be heard
1and decided upon by the department of administration. The division of hearings and
2appeals shall conduct the hearing. This paragraph does not apply to licenses that
3are suspended or revoked under s. 101.02 (21).
SB27-SSA1,985,105
101.951
(7) (c) The department of
commerce safety and professional services 6may inspect the pertinent books, records, letters and contracts of a licensee. The
7actual cost of each such examination shall be paid by such licensee so examined
8within 30 days after demand therefor by the department, and the department may
9maintain an action for the recovery of such costs in any court of competent
10jurisdiction.
SB27-SSA1,985,1512
101.953
(1) (a) A statement that the manufactured home meets those
13standards prescribed by law or administrative rule of the department of
14administration or of the department of
commerce safety and professional services 15that are in effect at the time of the manufacture of the manufactured home.
SB27-SSA1,985,1817
101.973
(8) Deposit the moneys received from the fees under sub. (7) in the
18appropriation under s.
20.143 (3) 20.165 (2) (j).
SB27-SSA1,986,220
101.981
(1) (c) "Conveyance" means an elevator, an escalator, a dumbwaiter,
21a belt manlift, a moving walkway, a platform lift,
a personnel hoist, a material hoist 22and a stairway chair lift, and any other similar device, such as an automated people
23mover, used to elevate or move people or things, as provided in the rules of the
24department. "Conveyance" does not include a
personnel hoist; a material hoist; a 25grain elevator
; a ski lift or towing device
, or; an amusement or thrill ride
; or a vertical
1platform lift, inclined platform lift, or a stairway chair lift that serves an individual
2residential dwelling unit.
SB27-SSA1,986,184
101.983
(2) (c)
Inspections. The department may not issue or renew a permit
5under this subsection unless the department has received an inspection report for
6the conveyance issued by an elevator inspector licensed under s. 101.985 (3)
7indicating that the conveyance complies with this subchapter and any applicable
8rules promulgated under this subchapter.
Upon request of the owner of a private
9residence containing a newly installed platform lift, stairway chair lift, or residential
10lift or of the new owner of a private residence containing a previously installed
11platform lift, stairway chair lift, or residential lift, the department shall inspect the
12lift or equipment for compliance with this subchapter and any applicable rules
13promulgated under this subchapter. This inspection by the department does not
14exempt the owner from the requirement to ensure that the department receives an
15inspection report from a licensed elevator inspector. Upon performing this
16inspection, the department shall give the owner notice of relevant conveyance safety
17requirements and shall instruct the owner as to the procedure for obtaining periodic
18inspections and renewing the permit under which the lift or equipment is operated.
SB27-SSA1,987,220
101.983
(2) (d)
Term and posting requirements. A permit issued under this
21subsection has a term of one year
, except that a permit applicable to a platform lift,
22stairway chair lift, or residential lift in a private residence is valid until ownership
23of the private residence is transferred, at which time the new owner shall apply for
24renewal of the permit under par. (b). The owner of the building or residence in which
1a conveyance is located shall display the permit under par. (a) applicable to the
2conveyance on or in the conveyance or, if applicable, in the machinery room.
SB27-SSA1,987,13
4103.24 Hours of work. The department shall determine and fix reasonable
5hours of employment for minors
under 16 years of age in street trades.
Except as
6provided in this section, the department may not fix hours of employment for minors
7under 16 years of age in street trades that exceed the maximum hours per day and
8per week specified in s. 103.68 (2) (a) and (b), that exceed the maximum days per
9week specified in s. 103.68 (2) (c), or that begin earlier or end later than the hours
10specified in s. 103.68 (2) (d) and (e). The department may not limit the hours of
11employment for minors 16 years of age or over in street trades or the hours of
12employment for minors of any age who are engaged in the delivery of newspapers to
13the consumer.
SB27-SSA1,987,1715
103.49
(1) (br) "Multiple-trade project of public works" means a project of
16public works in which no single trade accounts for 85 percent or more of the total
17labor cost of the project.
SB27-SSA1,987,2119
103.49
(1) (em) "Single-trade project of public works" means a project of public
20works in which a single trade accounts for 85 percent or more of the total labor cost
21of the project.
SB27-SSA1,988,223
103.49
(1m) Applicability. (intro.) Subject to sub. (3g), this section applies to
24any project of public works erected, constructed, repaired, remodeled,
or demolished
1for the state or a state agency,
other than a highway, street, or bridge construction
2or maintenance project, including all of the following:
SB27-SSA1,988,64
103.49
(1m) (a) A project erected, constructed, repaired, remodeled,
or 5demolished by one state agency for another state agency under any contract or under
6any statute specifically authorizing cooperation between state agencies.
SB27-SSA1,988,118
103.49
(1m) (b) A project in which the completed facility is leased, purchased,
9lease purchased, or otherwise acquired by, or dedicated to, the state in lieu of the
10state or a state agency contracting for the erection, construction, repair, remodeling,
11or demolition of the facility.
SB27-SSA1, s. 2390h
12Section 2390h. 103.49 (2m) (b) (intro.) of the statutes is amended to read:
SB27-SSA1,988,2113
103.49
(2m) (b) (intro.)
Notwithstanding par. (a) 1., a A laborer, worker,
14mechanic
, or truck driver who is
regularly employed to process, manufacture, pick
15up
, or deliver materials or products from a commercial establishment that has a fixed
16place of business from which the establishment regularly supplies processed or
17manufactured materials or products
or from a facility that is not dedicated
18exclusively, or nearly so, to a project of public works that is subject to this section is
19not entitled to receive the prevailing wage rate determined under sub. (3) or to
20receive at least 1.5 times his or her hourly basic rate of pay for all hours worked in
21excess of the prevailing hours of labor unless any of the following applies:
SB27-SSA1,989,423
103.49
(2m) (b) 1. The laborer, worker, mechanic, or truck driver is employed
24to go to the source of mineral aggregate such as sand, gravel, or stone
that is to be
25immediately incorporated into the work, and not stockpiled or further transported
1by truck, pick up that mineral aggregate, and deliver that mineral aggregate to the
2site of a project of public works that is subject to this section by depositing the
3material
substantially in place, directly
in final place, from the transporting vehicle 4or through spreaders from the transporting vehicle.
SB27-SSA1,989,146
103.49
(3) (ar) In determining prevailing wage rates under par. (a) or (am), the
7department may not use data from projects that are subject to this section, s. 66.0903,
866.0904, 103.50, or 229.8275
, or
40 USC 3142 unless the department determines that
9there is insufficient wage data in the area to determine those prevailing wage rates,
10in which case the department may use data from projects that are subject to this
11section, s. 66.0903,
66.0904, 103.50, or 229.8275
, or
40 USC 3142.
In determining
12prevailing wage rates under par. (a) or (am), the department may not use data from
13any construction work performed by a state agency or a local governmental unit, as
14defined in s. 66.0903 (1) (d).
SB27-SSA1,989,1816
103.49
(3g) (a) A
single-trade project of public works for which the estimated
17project cost of completion is less than
$25,000 $48,000 or a multiple-trade project of
18public works for which the estimated project cost of completion is less than $100,000.
SB27-SSA1,989,2420
103.49
(3g) (b)
A Work performed on a project of public works
in which the
21labor for the project is provided by unpaid volunteers for which the state or the state
22agency contracting for the project is not required to compensate any contractor,
23subcontractor, contractor's or subcontractor's agent, or individual for performing the
24work.
SB27-SSA1,990,1
1103.49
(3g) (f) A public highway, street, or bridge project.
SB27-SSA1,990,53
103.49
(3g) (g) A project of public works involving the erection, construction,
4repair, remodeling, or demolition of a residential property containing 2 dwelling
5units or less.
SB27-SSA1,990,117
103.49
(3g) (h) A road, street, bridge, sanitary sewer, or water main project that
8is a part of a development in which not less than 90 percent of the lots contain or will
9contain 2 dwelling units or less, as determined by the local governmental unit at the
10time of approval of the development, and that, on completion, is acquired by, or
11dedicated to, the state for ownership or maintenance by the state.
SB27-SSA1,991,1514
103.49
(5) (c) If requested by any person, the department shall inspect the
15payroll records of any contractor, subcontractor, or agent performing work on a
16project of public works that is subject to this section
as provided in this paragraph 17to ensure compliance with this section.
In the case of a request made by a person
18performing the work specified in sub. (2m), if the department finds that the
19contractor, subcontractor, or agent subject to the inspection is in compliance and that
20the request is frivolous, the department shall charge the person making the request
21the actual cost of the inspection. In the case of a request made by a person not
22performing the work specified in sub. (2m), if the department finds that the
23contractor, subcontractor, or agent subject to the inspection is in compliance and that
24the request is frivolous, the department shall charge the person making the request
25$250 or the actual cost of the inspection, whichever is greater. In order to find that
1a request is frivolous, the department must find that the person making the request
2made the request in bad faith, solely for the purpose of harassing or maliciously
3injuring the contractor, subcontractor, or agent subject to the inspection, or that the
4person making the request knew, or should have known, that there was no
5reasonable basis for believing that a violation of this section had been committed. 6On receipt of such a request, the department shall request the contractor,
7subcontractor, or agent to submit to the department a certified record of the
8information specified in par. (a), other than personally identifiable information
9relating to an employee of the contractor, subcontractor, or agent, for no longer than
10a 4-week period. The department may request a contractor, subcontractor, or agent
11to submit those records no more than once per calendar quarter for each project of
12public works on which the contractor, subcontractor, or agent is performing work.
13The department may not charge a requester a fee for obtaining that information. The
14department shall make available for public inspection certified records submitted to
15the department under this paragraph.
SB27-SSA1,991,2117
103.50 (
2g) Nonapplicability. This section does not apply to a single-trade
18project of public works, as defined in s. 103.49 (1) (em), for which the estimated
19project cost of completion is less than $48,000 or a multiple-trade project of public
20works, as defined in s. 103.49 (1) (br), for which the estimated project cost of
21completion is less than $100,000.