SB30,625,1212
8. Under s. 94.704 (3) (a) 2., $5.
SB30,1305
13Section 1305
. 94.74 of the statutes is repealed.
SB30,1306
14Section 1306
. 101.02 (20) (a) of the statutes is amended to read:
SB30,625,2115
101.02
(20) (a) For purposes of this subsection, “license" means a license,
16permit, or certificate of certification or registration issued by the department for an
17occupation or profession under s.
101.122 (2) (c), 101.15 (2) (e), 101.16 (3g), 101.17,
18101.178 (2) or (3) (a), 101.63 (2) or (2m), 101.653, 101.73 (5) or (6), 101.82 (1m), (1v),
19and (2), 101.935, 101.95, 101.951, 101.952, 101.96 (2), 101.985 (1) to (3), 145.02 (4),
20145.035, 145.045, 145.15, 145.16, 145.165, 145.17, 145.175, 145.18, or 167.10 (6m)
21or under rules promulgated under ch. 101 or 145.
SB30,1307
22Section 1307
. 101.02 (21) (a) of the statutes is amended to read:
SB30,626,423
101.02
(21) (a) In this subsection, “license" means a license, permit, or
24certificate of certification or registration issued by the department for an occupation
25or profession under s.
101.122 (2) (c), 101.15 (2) (e), 101.16 (3g), 101.17, 101.178 (2)
1or (3) (a), 101.63 (2) or (2m), 101.653, 101.73 (5) or (6), 101.82 (1m), (1v), and (2),
2101.935, 101.95, 101.951, 101.952, 101.96 (2), 101.985 (1) to (3), 145.02 (4), 145.035,
3145.045, 145.15, 145.16, 145.165, 145.17, 145.175, 145.18, or 167.10 (6m) or under
4rules promulgated under ch. 101 or 145.
SB30,1308
5Section 1308
. 101.02 (24) (a) 2. of the statutes is amended to read:
SB30,626,126
101.02
(24) (a) 2. “License" means a license, permit, or certificate of
7certification or registration issued by the department for an occupation or profession
8under s.
101.122 (2) (c), 101.15 (2) (e), 101.16 (3g), 101.17, 101.178 (2) or (3) (a), 101.63
9(2) or (2m), 101.653, 101.654, 101.73 (5) or (6), 101.82 (1m), (1v), and (2), 101.935,
10101.95, 101.951, 101.952, 101.985 (1) to (3), 145.02 (4), 145.035, 145.045, 145.15,
11145.16, 145.165, 145.17, 145.175, 145.18, or 167.10 (6m) or under rules promulgated
12under ch. 101 or 145.
SB30,1309
13Section 1309
. 101.02 (25) of the statutes is created to read:
SB30,626,1714
101.02
(25) (a) In this subsection, “occupational license” means a license,
15permit, certificate, registration, or other approval issued by the department under
16this chapter or ch. 145 or s. 167.10 (6m), or under rules promulgated under this
17chapter or ch. 145 or s. 167.10 (6m), for an occupation, trade, or profession.
SB30,626,2418
(b) The department may, in addition to or in lieu of any disciplinary action with
19respect to an occupational license, assess a forfeiture of not more than $1,000 for each
20separate offense against a person who holds the occupational license and who
21violates any provision of this chapter or ch. 145 or s. 167.10 (6m), or any rule
22promulgated under this chapter or ch. 145 or s. 167.10 (6m), related to the
23occupational license if the violation presents a serious risk to public health or public
24safety. Each day of continued violation constitutes a separate offense.
SB30,627,2
1(c) The department shall promulgate rules specifying the procedures governing
2the assessment of forfeitures under par. (b).
SB30,627,43
(d) The department shall remit all forfeitures paid under par. (b) to the
4secretary of administration for deposit in the school fund.
SB30,1310
5Section 1310
. 101.122 of the statutes is repealed.
SB30,1311
6Section 1311
. 101.19 (1g) (i) of the statutes is repealed.
SB30,1312
7Section 1312
. 101.19 (1r) of the statutes is amended to read:
SB30,627,148
101.19
(1r) Notwithstanding subs. (1g) and (1m), the department shall waive
9any fee imposed on an individual who is eligible for the veterans fee waiver program
10under s. 45.44 for a license, permit, or certificate of certification or registration issued
11by the department under s.
101.122 (2) (c), 101.15 (2) (e), 101.16 (3g), 101.17, 101.178
12(2) or (3) (a), 101.63 (2) or (2m), 101.653, 101.73 (5) or (6), 101.82 (1m), (1v), and (2),
13101.935, 101.95, 101.951, 101.952, 101.985 (1) to (3), 145.02 (4), 145.035, 145.045,
14145.07 (12), 145.15, 145.16, 145.165, 145.17, 145.175, 145.18, or 167.10 (6m).
SB30,1313
15Section 1313
. 101.596 (title) of the statutes is repealed and recreated to read:
SB30,627,16
16101.596 (title)
Review of building inspectors.
SB30,1314
17Section 1314
. 101.596 (1) (a) of the statutes is repealed.
SB30,1315
18Section 1315
. 101.596 (2) (a) of the statutes is amended to read:
SB30,627,2119
101.596
(2) (a) The
review board
uniform dwelling code council shall review
20complaints received from permittees concerning possible incompetent, negligent, or
21unethical conduct by building inspectors.
SB30,1316
22Section 1316
. 101.596 (2) (b) of the statutes is amended to read:
SB30,628,223
101.596
(2) (b) After reviewing a complaint received under par. (a), the
review
24board uniform dwelling code council may revoke the certification of a building
1inspector if the
board uniform dwelling code council determines that the building
2inspector has engaged in incompetent, negligent, or unethical conduct.
SB30,1317
3Section 1317
. 101.596 (2) (c) of the statutes is amended to read:
SB30,628,64
101.596
(2) (c) The
review board
uniform dwelling code council may modify or
5reverse decisions made by building inspectors if the
board uniform dwelling code
6council finds that the decision by the building inspector was made in error.
SB30,1318
7Section 1318
. 101.596 (3) of the statutes is repealed.
SB30,1319
8Section 1319
. 101.596 (4) of the statutes is created to read:
SB30,628,119
101.596
(4) Rules. The department, in consultation with the uniform dwelling
10code council, may promulgate any rules necessary for the administration of this
11section.
SB30,1320
12Section 1320
. 101.62 (title) of the statutes is amended to read:
SB30,628,13
13101.62 (title)
Uniform dwelling code council; power duties.
SB30,1321
14Section 1321
. 101.625 (intro.) of the statutes is repealed.
SB30,1322
15Section 1322
. 101.625 (1) of the statutes is renumbered 101.62 (5) and
16amended to read:
SB30,628,2417
101.62
(5) Recommend The uniform dwelling code council shall recommend for
18promulgation by the department rules for certifying the financial responsibility of
19contractors under s. 101.654.
These Those rules shall include rules providing for the
20assessment of fees upon applicants for certification of financial responsibility under
21s. 101.654 and for the suspension and revocation of that certification. The amount
22of the fees recommended under this subsection may not exceed an amount that is
23sufficient to defray the costs incurred in certifying the financial responsibility of
24applicants under s. 101.654.
SB30,1323
1Section
1323. 101.625 (2) of the statutes is renumbered 101.62 (6) and
2amended to read:
SB30,629,53
101.62
(6) Recommend The uniform dwelling code council shall recommend to
4the department for approval under s. 101.654 (1m) (b) 1. courses that meet
5continuing education requirements.
SB30,1324
6Section 1324
. 101.625 (3) of the statutes is renumbered 101.62 (7) and
7amended to read:
SB30,629,108
101.62
(7) Advise The uniform dwelling code council shall advise the
9department on the development of course examinations for those persons who are
10required to pass an examination under s. 101.654 (1m) (b).
SB30,1325
11Section 1325
. 101.64 (3) of the statutes is amended to read:
SB30,629,1412
101.64
(3) Revise the rules under this subchapter after consultation with the
13uniform dwelling code council
or with the contractor certification council, as
14appropriate.
SB30,1326
15Section 1326
. 101.87 (1) (a) of the statutes is amended to read:
SB30,629,2016
101.87
(1) (a) Completion of a construction electrician apprenticeship program
17in installing, repairing, and maintaining electrical wiring that has a duration of at
18least 3 years and that is approved by the U.S. department of labor or by the
19department of workforce development
, followed by passage of an examination
20required by the department.
SB30,1327
21Section 1327
. 101.87 (3m) of the statutes is amended to read:
SB30,630,422
101.87
(3m) Subsection (1) does not apply to any residential or industrial
23journeyman electricians or to any other type of journeyman electrician that may be
24recognized under s. 101.84 (5). The qualifying criteria required for licensing
25residential and industrial journeyman electricians and any other such type of
1journeyman electrician shall be established by the department by rule
, except that
2the department may not require an applicant for a license to pass an examination
3if the applicant has successfully completed an apprenticeship program specified in
4sub. (1) (a).
SB30,1328
5Section 1328
. 101.933 of the statutes is amended to read:
SB30,630,17
6101.933 Manufactured housing
Uniform dwelling code council duties. 7The
manufactured housing uniform dwelling code council shall review this
8subchapter and rules promulgated under this subchapter and recommend a
9statewide manufactured housing code for promulgation by the department. The
10uniform dwelling code council shall consider and make recommendations to the
11department pertaining to rules and any other matter related to this subchapter,
12including recommendations with regard to licensure and professional discipline of
13manufacturers of manufactured homes, manufactured home dealers, manufactured
14home salespersons, and installers, and with regard to consumer protection
15applicable to consumers of manufactured homes. In making recommendations, the
16uniform dwelling code council shall consider the likely costs of any proposed rules to
17consumers in relation to the benefits that are likely to result therefrom.
SB30,1329
18Section 1329
. 101.96 (1) (a) of the statutes is amended to read:
SB30,630,2319
101.96
(1) (a)
Promulgation of standards. The department shall, by rule,
20establish installation standards for the safe installation of manufactured homes in
21this state. In promulgating rules under this paragraph, the department shall
22consider the recommendations of the
manufactured housing uniform dwelling code
23council under s. 101.933.
SB30,1330
24Section 1330
. 102.01 (2) (af) of the statutes is repealed.
SB30,1331
25Section 1331
. 102.01 (2) (ag) of the statutes is repealed.
SB30,1332
1Section
1332. 102.07 (12m) (a) 1. of the statutes is amended to read:
SB30,631,62
102.07
(12m) (a) 1. “Institution of higher education" means an institution
3within the University of Wisconsin System, a technical college, a tribally controlled
4college controlled by an Indian tribe that has elected under s. 102.05 (2) to become
5subject to this chapter, a school approved under s.
38.50 440.52, or a private,
6nonprofit institution of higher education located in this state.
SB30,1333
7Section 1333
. 102.15 (1) of the statutes is amended to read:
SB30,631,118
102.15
(1) Subject to this chapter, the division may
adopt its own promulgate 9rules of procedure
and may change the same from time to time as necessary for the
10division and the administrator to perform their duties and functions under this
11chapter.
SB30,1334
12Section 1334
. 102.15 (3) of the statutes is amended to read:
SB30,631,1613
102.15
(3) All testimony at any hearing held under this chapter shall be taken
14down by a stenographic reporter
, except that in case of an emergency, as determined
15by the examiner conducting the hearing, testimony may be or recorded by a recording
16machine.
SB30,1335
17Section 1335
. 102.18 (3) of the statutes is amended to read:
SB30,632,1018
102.18
(3) A party in interest may petition the
commission administrator for
19review of an examiner's decision awarding or denying compensation if the
20department, the division
, or the commission receives the petition within 21 days
21after
the department or the division mailed a copy of the examiner's findings and
22order
is mailed to the last-known addresses of the parties in interest. The
23commission administrator shall dismiss a petition that is not filed within those 21
24days unless the petitioner shows that the petition was filed late for a reason that was
25beyond the petitioner's control. If no petition is filed within those 21 days, the
1findings or order shall be considered final unless set aside, reversed, or modified by
2the examiner within that time. If the findings or order are set aside by the examiner,
3the status shall be the same as prior to the
setting aside of the findings or order
that
4was set aside. If the findings or order are reversed or modified by the examiner, the
5time for filing a petition commences on the date on which notice of the reversal or
6modification is mailed to the last-known addresses of the parties in interest. The
7commission administrator shall either affirm,
reverse remand, set aside, or modify
8the findings or order, in whole or in part, or direct the taking of additional evidence.
9The
commission's administrator's action shall be based on a review of the evidence
10submitted.
SB30,1336
11Section 1336
. 102.18 (4) (b) of the statutes is amended to read:
SB30,632,1412
102.18
(4) (b) Within 28 days after the date of a decision of the
commission 13administrator, the
commission
administrator may, on its own motion, set aside the
14decision for further consideration.
SB30,1337
15Section 1337
. 102.18 (4) (c) (intro.) of the statutes is amended to read:
SB30,632,2016
102.18
(4) (c) (intro.) On its own motion, for reasons it deems sufficient, the
17commission administrator may set aside any final order or award of the
commission 18administrator or examiner within one year after the date of the order or award, upon
19grounds of mistake or newly discovered evidence, and
may, after further
20consideration, do any of the following:
SB30,1338
21Section 1338
. 102.18 (4) (d) of the statutes is amended to read:
SB30,633,422
102.18
(4) (d) While a petition for review by the
commission administrator is
23pending or after entry of an order or award by the
commission administrator but
24before commencement of an action for judicial review or expiration of the period in
25which to commence an action for judicial review, the
commission administrator shall
1remand any compromise presented to it to the department or the division for
2consideration and approval or rejection under s. 102.16 (1). Presentation of a
3compromise does not affect the period in which to commence an action for judicial
4review.
SB30,1339
5Section 1339
. 102.22 (2) of the statutes is amended to read:
SB30,633,136
102.22
(2) If any sum that the department or the division orders to be paid is
7not paid when due, that sum shall bear interest at the rate of 10 percent per year.
8The state is liable for interest on awards issued against it under this chapter. The
9department or the division has jurisdiction to
issue an award
for payment of interest
10under this subsection at any time within one year after the date of its order or, if the
11order is appealed, within one year after final court determination. Interest awarded
12under this subsection becomes due from the date the examiner's order becomes final
13or from the date of a decision by the
commission
administrator, whichever is later.
SB30,1340
14Section 1340
. 102.22 (3) of the statutes is amended to read:
SB30,633,2315
102.22
(3) If upon petition for review the
commission administrator affirms an
16examiner's order, interest at the rate of 7 percent per year on the amount ordered by
17the examiner shall be due for the period beginning on the 21st day after the date of
18the examiner's order and ending on the date paid under the
commission's 19administrator's decision. If upon petition for judicial review under s. 102.23 the court
20affirms the
commission's administrator's decision, interest at the rate of 7 percent
21per year on the amount ordered by the examiner shall be due up to the date of the
22commission's administrator's decision, and thereafter interest shall be computed
23under sub. (2).
SB30,1341
24Section 1341
. 102.23 (1) (a) 1. of the statutes is amended to read:
SB30,634,7
1102.23
(1) (a) 1. The findings of fact made by
the commission an examiner 2acting within
its his or her powers shall, in the absence of fraud, be conclusive.
The 3An order or award
of the administrator granting or denying compensation, either
4interlocutory or final, whether judgment has been rendered on the order or award
5or not, is subject to review only as provided in this section and not under ch. 227 or
6s. 801.02. The
commission administrator shall identify in the order or award the
7persons that must be made parties to an action for review of the order or award.
SB30,1342
8Section 1342
. 102.23 (1) (a) 2. of the statutes is amended to read:
SB30,634,219
102.23
(1) (a) 2. Within 30 days after the date of an order or award made by the
10commission administrator, any party aggrieved by the order or award may
11commence an action in circuit court for review of the order or award by serving a
12complaint as provided in par. (b) and filing the summons and complaint with the
13clerk of the circuit court. The summons and complaint shall name the party
14commencing the action as the plaintiff and shall name as defendants the
commission 15division and all persons identified by the
commission administrator under subd. 1.
16If the circuit court determines that any other person is necessary for the proper
17resolution of the action, the circuit court may join that person as a party to the action,
18unless joinder of the person would unduly delay the resolution of the action. If the
19circuit court is satisfied that a party in interest has been prejudiced because of an
20exceptional delay in the receipt of a copy of any finding or order, the circuit court may
21extend the time within which an action may be commenced by an additional 30 days.
SB30,1343
22Section 1343
. 102.23 (1) (b) of the statutes is amended to read:
SB30,635,423
102.23
(1) (b) In such an action a complaint shall be served with an
24authenticated copy of the summons. The complaint need not be verified, but shall
25state the grounds upon which a review is sought. Service upon
a commissioner the
1division or agent authorized by the
commission division to accept service constitutes
2complete service on all parties, but there shall be left with the person so served as
3many copies of the summons and complaint as there are defendants, and the
4commission division shall mail one copy to each other defendant.
SB30,1344
5Section 1344
. 102.23 (1) (c) of the statutes is amended to read:
SB30,635,126
102.23
(1) (c) The
commission
division shall serve its answer to the complaint
7within 20 days after the service of the complaint. Except as provided in par. (cm),
8any other defendant may serve an answer to the complaint within 20 days after the
9service of the complaint, which answer may, by way of counterclaim or cross
10complaint, ask for
the review of the order or award referred to in the complaint, with
11the same effect as if the defendant had commenced a separate action for the review
12of the order or award.
SB30,1345
13Section 1345
. 102.23 (1) (d) of the statutes is amended to read:
SB30,635,2214
102.23
(1) (d) The
commission
division shall make return to the court of all
15documents and papers on file in the matter, all testimony that has been taken, and
16the
commission's administrator's order, findings, and award. Such return of the
17commission division when filed in the office of the clerk of the circuit court shall,
18together with the papers specified in s. 809.15, constitute a judgment roll in the
19action; and it shall not be necessary to have a transcript approved. The action may
20thereupon be brought on for hearing before the court upon the record by any party
21on 10 days' notice to the other; subject, however, to the provisions of law for a change
22of the place of trial or the
calling in substitution of another judge.
SB30,1346
23Section 1346
. 102.23 (1) (e) 1. of the statutes is amended to read:
SB30,635,2524
102.23
(1) (e) 1. That the
commission administrator or the examiner acted
25without or in excess of
its his or her powers.
SB30,1347
1Section
1347. 102.23 (1) (e) 3. of the statutes is amended to read:
SB30,636,32
102.23
(1) (e) 3. That the findings of fact by the
commission examiner do not
3support the order or award.
SB30,1348
4Section 1348
. 102.23 (2) of the statutes is amended to read:
SB30,636,85
102.23
(2) Upon the trial of an action for review of an order or award the The 6court shall disregard any irregularity or error of the
commission administrator, the
7department, or the division unless it is made to affirmatively appear that the
8plaintiff was damaged by that irregularity or error.
SB30,1349
9Section 1349
. 102.23 (5) of the statutes is amended to read:
SB30,636,1410
102.23
(5) When an action for review involves only the question of liability as
11between the employer and one or more insurance companies or as between several
12insurance companies, a party that has been ordered by the department, the division,
13the
commission administrator, or a court to pay compensation is not relieved from
14paying compensation as ordered.
SB30,1350
15Section 1350
. 102.23 (6) of the statutes is amended to read:
SB30,636,2216
102.23
(6) If
the commission's
an order or award depends on any fact found by
17the commission an examiner, the court shall not substitute its judgment for that of
18the
commission examiner as to the weight or credibility of the evidence on any
19finding of fact. The court may, however, set aside
the commission's an order or award
20and remand the case
to the commission if the
commission's order or award depends
21on any material and controverted finding of fact that is not supported by credible and
22substantial evidence.
SB30,1351
23Section 1351
. 102.24 (1) of the statutes is amended to read: