SB21,1073,113
101.149
(8) (a) If the department or the department of
health services 4agriculture, trade and consumer protection determines after an inspection of a
5building under this section or s.
254.74 97.625 (1g) that the owner of the building has
6violated sub. (2) or (3), the respective department shall issue an order requiring the
7person to correct the violation within 5 days or within such shorter period as the
8respective department determines is necessary to protect public health and safety.
9If the person does not correct the violation within the time required, he or she shall
10forfeit $50 for each day of violation occurring after the date on which the respective
11department finds that the violation was not corrected.
SB21,2711
12Section
2711. 101.31 of the statutes is repealed.
SB21,2712
13Section
2712. 101.573 (3) (a) of the statutes is amended to read:
SB21,1073,2114
101.573
(3) (a) On or before May 1 in each year, the department shall compile
15the fire department dues paid by all insurers under s. 601.93 and the dues paid by
16the state fire fund under sub. (1) and funds remaining under par. (b), withhold .5%
17and certify to the secretary of administration the proper amount to be paid from the
18appropriation under s.
20.165 (2) 20.142 (4) (L) to each city, village, or town entitled
19to fire department dues under s. 101.575. Annually, on or before August 1, the
20secretary of administration shall pay the amounts certified by the department to the
21cities, villages and towns eligible under s. 101.575.
SB21,2713
22Section
2713. 101.573 (5) of the statutes is amended to read:
SB21,1073,2423
101.573
(5) The department shall promulgate a rule defining "administrative
24expenses" for purposes of s.
20.165 (2) 20.142 (4) (La).
SB21,2714
25Section
2714. 101.63 (1) (intro.) of the statutes is amended to read:
SB21,1074,10
1101.63
(1) (intro.) Adopt rules which establish standards for the construction
2and inspection of one- and 2-family dwellings and components thereof. Where
3feasible, the standards used shall be those nationally recognized and shall apply to
4the dwelling and to its electrical, heating, ventilating, air conditioning and other
5systems, including plumbing, as defined in s. 145.01 (10). No set of rules may be
6adopted which has not taken into account the conservation of energy in construction
7and maintenance of dwellings and the costs of specific code provisions to home buyers
8in relationship to the benefits derived from the provisions. Rules promulgated under
9this subsection do not apply to a bed and breakfast establishment, as defined under
10s.
254.61 (1) 97.01 (1g), except that the rules apply to all of the following:
SB21,2715
11Section
2715. 101.647 (1) (am) of the statutes is amended to read:
SB21,1074,1312
101.647
(1) (am) Notwithstanding s. 101.61 (1), "dwelling" does not include a
13tourist rooming house, as defined in s.
254.61 (6)
97.01 (15k).
SB21,2716
14Section
2716. 101.654 (1m) (e) of the statutes is amended to read:
SB21,1074,1815
101.654
(1m) (e)
The continuing education approved by the department under
16par. (b) 1. shall include courses offered by private organizations with whom the
17department contracts under s. 101.657. The department may approve
continuing
18education courses that are offered by other states.
SB21,2717
19Section
2717. 101.657 of the statutes is repealed.
SB21,2718
20Section
2718. 101.66 (1m) (bn) of the statutes is amended to read:
SB21,1075,221
101.66
(1m) (bn) A person may not provide a written certification under par.
22(b) unless the person has been issued a certificate of accomplishment evidencing
23certification or recertification under
the a lumber grading training program
under
24s. 36.25 (48) specified by the department and the person has received the certificate
1within the 5 years before providing the written certification. The person shall attach
2to the written certification a copy of his or her certificate of accomplishment.
SB21,2719
3Section
2719
. 101.935 (2) (e) of the statutes is amended to read:
SB21,1075,64
101.935
(2) (e) Section 254.69 (2), as it applies to an agent for the department
5of health services in the administration of s. 254.47, applies to an agent for the
6department
of safety and professional services in the administration of this section.
SB21,2720
7Section
2720
. 101.935 (2) (e) of the statutes, as affected by 2015 Wisconsin Act
8.... (this act), is amended to read:
SB21,1075,129
101.935
(2) (e) Section
254.69 (2)
97.615 (2), as it applies to an agent for the
10department of
health services agriculture, trade and consumer protection in the
11administration of s.
254.47 97.67, applies to an agent for the department in the
12administration of this section.
SB21,2721
13Section
2721. 101.951 (7) (a) of the statutes is amended to read:
SB21,1075,2114
101.951
(7) (a) The department
of safety and professional services may, without
15notice, deny the application for a license within 60 days after receipt thereof by
16written notice to the applicant, stating the grounds for the denial. Within 30 days
17after such notice, the applicant may petition the department of administration to
18conduct a hearing to review the denial, and a hearing shall be scheduled with
19reasonable promptness. The division of hearings and appeals shall conduct the
20hearing. This paragraph does not apply to denials of applications for licenses under
21s. 101.02 (21).
SB21,2722
22Section
2722. 101.951 (7) (b) of the statutes is amended to read:
SB21,1076,1023
101.951
(7) (b) No license may be suspended or revoked except after a hearing
24thereon. The department
of safety and professional services shall give the licensee
25at least 5 days' notice of the time and place of the hearing. The order suspending or
1revoking such license shall not be effective until after 10 days' written notice thereof
2to the licensee, after such hearing has been had; except that the department
of safety
3and professional services, when in its opinion the best interest of the public or the
4trade demands it, may suspend a license upon not less than 24 hours' notice of
5hearing and with not less than 24 hours' notice of the suspension of the license.
6Matters involving suspensions and revocations brought before the department
of
7safety and professional services shall be heard and decided upon by the department
8of administration. The division of hearings and appeals shall conduct the hearing.
9This paragraph does not apply to licenses that are suspended or revoked under s.
10101.02 (21).
SB21,2723
11Section
2723. 101.951 (7) (c) of the statutes is amended to read:
SB21,1076,1612
101.951
(7) (c) The department
of safety and professional services may inspect
13the pertinent books, records, letters and contracts of a licensee. The actual cost of
14each such examination shall be paid by such licensee so examined within 30 days
15after demand therefor by the department, and the department may maintain an
16action for the recovery of such costs in any court of competent jurisdiction.
SB21,2724
17Section
2724. 101.953 (1) (a) of the statutes is amended to read:
SB21,1076,2118
101.953
(1) (a) A statement that the manufactured home meets those
19standards prescribed by law or administrative rule of the department of
20administration or of the department
of safety and professional services that are in
21effect at the time of the manufacture of the manufactured home.
SB21,2725
22Section
2725. 101.973 (8) of the statutes is amended to read:
SB21,1076,2423
101.973
(8) Deposit the moneys received from the fees under sub. (7) in the
24appropriation under s.
20.165 (2) 20.142 (4) (j).
SB21,2726
25Section
2726. 101.977 (2) (bn) of the statutes is amended to read:
SB21,1077,6
1101.977
(2) (bn) A person may not provide a written certification under par. (b)
2unless the person has been issued a certificate of accomplishment evidencing
3certification or recertification under
the a lumber grading training program
under
4s. 36.25 (48) specified by the department and the person has received the certificate
5within the 5 years before providing the written certification. The person shall attach
6to the written certification a copy of his or her certificate of accomplishment.
SB21,2727
7Section
2727. 102.01 (2) (a) of the statutes is renumbered 102.01 (2) (af).
SB21,2728
8Section
2728. 102.01 (2) (ad) of the statutes is created to read:
SB21,1077,109
102.01
(2) (ad) "Administrator" means the administrator of the division of
10hearings and appeals in the department of administration.
SB21,2729
11Section
2729. 102.01 (2) (ag) of the statutes is amended to read:
SB21,1077,1312
102.01
(2) (ag) "Commissioner" means
a member of the commission the
13commissioner of insurance.
SB21,2730
14Section
2730. 102.01 (2) (ap) of the statutes is repealed.
SB21,2731
15Section
2731. 102.01 (2) (ar) of the statutes is created to read:
SB21,1077,1716
102.01
(2) (ar) "Division" means the division of hearings and appeals in the
17department of administration.
SB21,2732
18Section
2732. 102.01 (2) (bm) of the statutes is amended to read:
SB21,1077,2319
102.01
(2) (bm) "General order" means
such order as an order that applies
20generally throughout the state to all persons, employments, places of employment
, 21or public buildings, or
to all persons, employments
or, places of employment
, or public
22buildings of a class under the jurisdiction of the
department office. All other orders
23of the
department office shall be considered special orders.
SB21,2733
24Section
2733. 102.01 (2) (d) of the statutes is amended to read:
SB21,1078,3
1102.01
(2) (d) "Municipality" includes a county, city, town, village, school
2district, sewer district, drainage district
and long-term care district and other public
3or quasi-public corporations.
SB21,2734
4Section
2734. 102.01 (2) (dg) of the statutes is created to read:
SB21,1078,55
102.01
(2) (dg) "Office" means the office of the commissioner.
SB21,2735
6Section
2735. 102.01 (2) (dm) of the statutes is amended to read:
SB21,1078,97
102.01
(2) (dm) "Order" means any decision, rule, regulation, direction,
8requirement
, or standard of the
department office, or any other determination
9arrived at or decision made by the
department office.
SB21,2736
10Section
2736. 102.01 (2) (em) of the statutes is repealed.
SB21,2737
11Section
2737. 102.04 (1) (a) of the statutes is amended to read:
SB21,1078,1412
102.04
(1) (a) The state, each county, city, town, village, school district, sewer
13district, drainage district,
long-term care district and other public or quasi-public
14corporations therein.
SB21,2738
15Section
2738. 102.05 (1) of the statutes is amended to read:
SB21,1079,216
102.05
(1) An employer who has had no employee at any time within a
17continuous period of 2 years shall be
deemed considered to have effected withdrawal,
18which shall be effective on the last day of
such
that period. An employer who has not
19usually employed 3 employees and who has not paid wages of at least $500 for
20employment in this state in every calendar quarter in a calendar year may file a
21withdrawal notice with the
department office, which withdrawal shall take effect 30
22days after the date of
such that filing or at such later date as is specified in the notice.
23If an employer who is subject to this chapter only because the employer elected to
24become subject to this chapter under sub. (2) cancels or terminates his or her contract
25for the insurance of compensation under this chapter, that employer is
deemed
1considered to have effected withdrawal, which shall be effective on the day after the
2contract is canceled or terminated.
SB21,2739
3Section
2739. 102.05 (3) of the statutes is amended to read:
SB21,1079,134
102.05
(3) Any If a person engaged in farming who has become subject to this
5chapter
has not employed 6 or more employees, as defined in s. 102.07 (5), on 20 or
6more days during the current or previous calendar year, the person may withdraw
7by filing with the
department office a notice of withdrawal,
if the person has not
8employed 6 or more employees as defined by s. 102.07 (5) on 20 or more days during
9the current or previous calendar year. Such which withdrawal shall
be effective take
10effect 30 days after the date of receipt
of the notice by the
department, office or at such
11later date as is specified in the notice.
Such A person
who withdraws under this
12subsection may again become subject to this chapter as provided
by in s. 102.04 (1)
13(c) and (e).
SB21,2740
14Section
2740. 102.06 of the statutes is amended to read:
SB21,1080,8
15102.06 Joint liability of employer and contractor. An employer shall be
16liable for compensation to an employee of a contractor or subcontractor under the
17employer who is not subject to this chapter
, or who has not complied with the
18conditions of s. 102.28 (2) in any case
where such
in which the employer would have
19been liable for compensation if
such the employee had been working directly for the
20employer, including
also work in the erection, alteration, repair
, or demolition of
21improvements or of fixtures upon premises of
such
the employer
which that are used
22or to be used in the operations of
such the employer. The contractor or subcontractor,
23if subject to this chapter, shall also be liable for
such that compensation, but the
24employee shall not recover compensation for the same injury from more than one
25party.
The An employer who becomes liable for and
who pays
such that compensation
1may recover the
same amount of compensation paid from
such that contractor
, or 2subcontractor
, or
from any other employer for whom the employee was working at
3the time of the injury
, if
such
that contractor, subcontractor
, or other employer was
4an employer
, as defined in s. 102.04. This section does not apply to injuries occurring
5on or after the first day of the first July beginning after the day
that on which the
6secretary commissioner files the certificate under s. 102.80 (3) (a), except that if the
7secretary commissioner files the certificate under s. 102.80 (3) (ag) this section does
8apply to claims for compensation filed on or after the date specified in that certificate.
SB21,2741
9Section
2741. 102.07 (1) (a) of the statutes is amended to read:
SB21,1080,2010
102.07
(1) (a) Every person, including all officials
, in the service of the state
, 11or of any municipality
therein in this state, whether elected or under any
12appointment
, or contract of hire, express or implied, and whether a resident
of this
13state or employed or injured within or without the state. The state
and or any
14municipality may require a bond from a contractor to protect the state or
15municipality against compensation to employees of
such
the contractor or employees
16of a subcontractor under the contractor. This paragraph does not apply beginning
17on the first day of the first July beginning after the day
that on which the
secretary 18commissioner files the certificate under s. 102.80 (3) (a), except that if the
secretary 19commissioner files the certificate under s. 102.80 (3) (ag) this paragraph does apply
20to claims for compensation filed on or after the date specified in that certificate.
SB21,2742
21Section
2742. 102.07 (1) (b) of the statutes is amended to read:
SB21,1081,422
102.07
(1) (b) Every person, including all officials
, in the service of the state
, 23or of any municipality
therein in this state, whether elected or under any
24appointment
, or contract of hire, express or implied, and whether a resident
of this
25state or employed or injured within or without the state. This paragraph first applies
1on the first day of the first July beginning after the day
that on which the
secretary 2commissioner files the certificate under s. 102.80 (3) (a), except that if the
secretary 3commissioner files the certificate under s. 102.80 (3) (ag) this paragraph does apply
4to claims for compensation filed on or after the date specified in that certificate.
SB21,2743
5Section
2743. 102.07 (7) (b) of the statutes is amended to read:
SB21,1081,116
102.07
(7) (b) The
department office may issue an order under s. 102.31 (1) (b)
7permitting the county within which a volunteer fire company or fire department
8organized under ch. 213, a legally organized rescue squad, an ambulance service
9provider, as defined in s. 256.01 (3), or a legally organized diving team is organized
10to assume full liability for the compensation provided under this chapter of all
11volunteer members of that company, department, squad, provider or team.
SB21,2744
12Section
2744. 102.07 (8) (c) of the statutes is amended to read:
SB21,1081,1613
102.07
(8) (c) The
department office may not admit in evidence
any state or
14federal
laws, regulations, documents law, regulation, or document granting
15operating authority
, or
licenses
license when determining whether an independent
16contractor meets the conditions specified in par. (b) 1. or 3.
SB21,2745
17Section
2745. 102.07 (11) of the statutes is amended to read:
SB21,1082,218
102.07
(11) The
department office may by rule prescribe classes of volunteer
19workers who may, at the election of the person for whom the service is being
20performed, be
deemed considered to be employees for
the purposes of this chapter.
21Election shall be by endorsement upon
the that person's worker's compensation
22insurance policy with written notice to the
department
office. In the case of an
23employer
that is exempt from insuring liability, election shall be by written notice to
24the
department office. The
department office shall by rule prescribe the means and
1manner in which notice of election by the employer is to be provided to the volunteer
2workers.
SB21,2746
3Section
2746. 102.07 (12m) of the statutes is renumbered 102.07 (12m) (b) and
4amended to read:
SB21,1082,135
102.07
(12m) (b) A student of a public school,
as described in s. 115.01 (1), or 6a private school,
as defined in s. 115.001 (3r),
or an institution of higher education, 7while he or she is engaged in performing services as part of a school work training,
8work experience
, or work study program, and who is not on the payroll of an employer
9that is providing the work training or work experience or who is not otherwise
10receiving compensation on which a worker's compensation carrier could assess
11premiums on that employer, is an employee of a school district
or, private school
, or
12institution of higher education that elects under s. 102.077 to name the student as
13its employee.
SB21,2747
14Section
2747. 102.07 (12m) (a) of the statutes is created to read:
SB21,1082,1515
102.07
(12m) (a) In this subsection:
SB21,1082,2016
1. "Institution of higher education" means an institution within the University
17of Wisconsin System, a technical college, a tribally controlled college controlled by
18an Indian tribe that has elected under s. 102.05 (2) to become subject to this chapter,
19a school approved under s. 38.50, or a private, nonprofit institution of higher
20education located in this state.
SB21,1082,2121
2. "Private school" has the meaning given in s. 115.001 (3r).
SB21,1082,2222
3. "Public school" means a school described in s. 115.01 (1).
SB21,2748
23Section
2748. 102.076 (2) of the statutes is amended to read:
SB21,1083,524
102.076
(2) If a corporation has not more than 10 stockholders, not more than
252 officers
, and no other employees and is not otherwise required under this chapter
1to have a policy of worker's compensation insurance, an officer of that corporation
2who elects not to be subject to this chapter shall file a notice of that election with the
3department office on a form approved by the
department office. The election is
4effective until the officer rescinds
it the election by notifying the
department office 5in writing.
SB21,2749
6Section
2749. 102.077 (1) of the statutes is amended to read:
SB21,1083,187
102.077
(1) A school district
or a , private school,
as defined in s. 115.001 (3r), 8or institution of higher education may elect to name as its employee for purposes of
9this chapter a student described in s. 102.07 (12m)
(b) by an endorsement on its policy
10of worker's compensation insurance or, if the school district
or, private school
, or
11institution of higher education is exempt from the duty to insure under s. 102.28 (2)
12(a), by filing a declaration with the department in the manner provided in s. 102.31
13(2) (a) naming the student as an employee of the school district
or, private school
, or
14institution of higher education for purposes of this chapter. A declaration under this
15subsection shall list the name of the student to be covered under this chapter, the
16name and address of the employer that is providing the work training or work
17experience for that student
, and the title, if any, of the work training, work
18experience
, or work study program in which the student is participating.
SB21,2750
19Section
2750
. 102.077 (1) of the statutes, as affected by 2015 Wisconsin Act
20.... (this act), is amended to read:
SB21,1084,721
102.077
(1) A school district, private school, or institution of higher education
22may elect to name as its employee for purposes of this chapter a student described
23in s. 102.07 (12m) (b) by an endorsement on its policy of worker's compensation
24insurance or, if the school district, private school, or institution of higher education
25is exempt from the duty to insure under s. 102.28 (2) (a), by filing a declaration with
1the
department office in the manner provided in s. 102.31 (2) (a) naming the student
2as an employee of the school district, private school, or institution of higher education
3for purposes of this chapter. A declaration under this subsection shall list the name
4of the student to be covered under this chapter, the name and address of the employer
5that is providing the work training or work experience for that student, and the title,
6if any, of the work training, work experience, or work study program in which the
7student is participating.
SB21,2751
8Section
2751. 102.077 (2) of the statutes is amended to read:
SB21,1084,149
102.077
(2) A school district
or, private school
, or institution of higher
10education may revoke a declaration under sub. (1) by providing written notice to the
11department in the manner provided in s. 102.31 (2) (a), the student
, and the employer
12who is providing the work training or work experience for that student. A revocation
13under this subsection is effective 30 days after the department receives notice of that
14revocation.
SB21,2752
15Section
2752
. 102.077 (2) of the statutes, as affected by 2015 Wisconsin Act
16.... (this act), is amended to read:
SB21,1084,2217
102.077
(2) A school district, private school, or institution of higher education
18may revoke a declaration under sub. (1) by providing written notice to the
19department office in the manner provided in s. 102.31 (2) (a), the student, and the
20employer who is providing the work training or work experience for that student.
21A revocation under this subsection is effective 30 days after the
department office 22receives notice of that revocation.
SB21,2753
23Section
2753. 102.08 of the statutes is amended to read:
SB21,1085,11
24102.08 Administration for state employees. The department of
25administration has responsibility for the timely delivery of benefits payable under
1this chapter to employees of the state and their dependents and other functions of
2the state as an employer under this chapter. The department of administration may
3delegate
this authority that responsibility to employing departments and agencies
4and require such reports as it
deems considers necessary to accomplish this purpose.
5The department of administration or its delegated authorities shall file with the
6department of workforce development office the reports that are required of all
7employers. The
department of workforce development
office shall monitor the
8delivery of benefits
payable under this chapter to state employees and their
9dependents and shall consult with and advise the department of administration in
10the manner and at the times necessary to ensure prompt and proper delivery
of those
11benefits.