1995 Wisconsin Act 27

27,3633 Section 3633 . 101.02 (6) (e) of the statutes is amended to read:

101.02 (6) (e) Any employer or other person interested either because of ownership in or occupation of any property affected by any such order, or otherwise, may petition for a hearing on the reasonableness of any order of the department in the manner provided in ss. 101.01 to 101.25 this subchapter.

27,3634 Section 3634 . 101.02 (7) (a) of the statutes is amended to read:

101.02 (7) (a) Nothing contained in ss. 101.01 to 101.25 this subchapter may be construed to deprive the common council, the board of alderpersons, the board of trustees or the village board of any village or city, or a local board of health, as defined in s. 250.01 (3), of any power or jurisdiction over or relative to any place of employment or public building, provided that, whenever the department shall, by an order, fix a standard of safety or any hygienic condition for employment or places of employment or public buildings, the order shall, upon the filing by the department of a copy of the order with the clerk of the village or city to which it may apply, be held to amend or modify any similar conflicting local order in any particular matters governed by the order of the department. Thereafter no local officer may make or enforce any order contrary to the order of the department.

27,3635 Section 3635 . 101.02 (7m) of the statutes is amended to read:

101.02 (7m) Notwithstanding sub. (7) (a), no city, village or town may make or enforce any ordinance that is applied to any multifamily dwelling, as defined in s. 101.971 (2), and that does not conform to subch. VI and this section or is contrary to an order of the department under ss. 101.01 to 101.25 this subchapter, except that if a city, village or town has a preexisting stricter sprinkler ordinance, as defined in s. 101.975 (3) (a), that ordinance remains in effect, except that the city, village or town may take any action with regard to that ordinance that a political subdivision may take under s. 101.975 (3) (b).

27,3636 Section 3636 . 101.02 (9) of the statutes is amended to read:

101.02 (9) A substantial compliance with the requirements of ss. 101.01 to 101.25, this subchapter shall be sufficient to give effect to the orders of the department, and they shall not no order may be declared inoperative, illegal or void for any omission of a technical nature in with respect thereto to the requirements of this subchapter.

27,3637 Section 3637 . 101.02 (10) of the statutes is amended to read:

101.02 (10) Orders of the department under ss. 101.01 to 101.25 this subchapter shall be subject to review in the manner provided in ch. 227.

27,3638 Section 3638 . 101.02 (12) of the statutes is amended to read:

101.02 (12) Every day during which any person , persons, or corporation, or any officer, agent or employe thereof, shall fail of a person or corporation, fails to observe and comply with any order of the department or to perform any duty enjoined by ss. 101.01 to 101.25, specified under this subchapter shall constitute a separate and distinct violation of such the order, or of said sections as the case may be the requirements of this subchapter, whichever is applicable.

27,3639 Section 3639 . 101.02 (13) (a) of the statutes is amended to read:

101.02 (13) (a) If any employer, employe, owner, or other person violates ss. 101.01 to 101.25 this subchapter, or fails or refuses to perform any duty lawfully enjoined specified under this subchapter, within the time prescribed by the department, for which no penalty has been specifically provided, or fails, neglects or refuses to obey any lawful order given or made by the department, or any judgment or decree made by any court in connection with ss. 101.01 to 101.25 this subchapter, for each such violation, failure or refusal, such employer, employe, owner or other person shall forfeit and pay into the state treasury a sum not less than $10 nor more than $100 for each such offense.

27,3640 Section 3640 . 101.02 (15) (b) of the statutes is amended to read:

101.02 (15) (b) The department shall administer and enforce, so far as not otherwise provided for in the statutes, the laws relating to child labor, laundries, stores, employment, licensed occupations, school attendance, bakeries, employment offices, intelligence offices and bureaus, manufacture of cigars, sweatshops, corn shredders, woodsawing machines, fire escapes and means of egress from buildings, scaffolds, hoists, ladders and other matters relating to the erection, repair, alteration or painting of buildings and structures, and all other laws protecting the life, health, safety and welfare of employes in employments and places of employment and frequenters of places of employment.

27,3641 Section 3641 . 101.02 (15) (f) of the statutes is amended to read:

101.02 (15) (f) The department shall investigate, ascertain and determine such reasonable classifications of persons, employments, places of employment and public buildings, as shall be necessary to carry out the purposes of ss. 101.01 to 101.25 this subchapter.

27,3642 Section 3642 . 101.02 (15) (g) of the statutes is amended to read:

101.02 (15) (g) Any commissioner, the The secretary or any deputy of the department may enter any place of employment or public building, for the purpose of collecting facts and statistics, examining the provisions made for the health, safety and welfare of the employes, frequenters, the public or tenants therein and bringing to the attention of every employer or owner any law, or any order of the department, and any failure on the part of such employer or owner to comply therewith. No employer or owner may refuse to admit any commissioner, the secretary or any deputy of the department to his or her place of employment or public building.

27,3643 Section 3643 . 101.02 (15) (k) of the statutes is amended to read:

101.02 (15) (k) Every employer and every owner shall furnish to the department all information required by it to carry into effect ss. 101.01 to 101.25 that the department requires to administer and enforce this subchapter, and shall make provide specific answers to all questions submitted by that the department relative thereto asks relating to any information that the department requires.

27,3644 Section 3644 . 101.02 (15) (L) of the statutes is amended to read:

101.02 (15) (L) Any employer receiving from the department any blanks calling for form requesting information required by that the department to carry into effect ss. 101.01 to 101.25 requires to administer and enforce this subchapter, along with directions to fill the same complete the form, shall cause the same to be properly filled out so as to complete the form and answer fully and correctly each question therein propounded, and in case asked in the form. If the employer is unable to answer any question, the employer shall give a good and sufficient reason for such failure, and said answer his or her inability to answer the question. The employer's answers shall be verified under oath by the employer, or by the president, secretary or other managing officer of the corporation, if the employer is a corporation, and the completed form shall be returned to the department at its office within the period fixed by the department.

27,3645 Section 3645 . 101.02 (17) of the statutes is repealed.

27,3646 Section 3646 . 101.02 (18) of the statutes is amended to read:

101.02 (18) The department may establish a schedule of fees for publications and seminars provided by the department for which no fee is otherwise authorized, required or prohibited by statute. Fees established under this subsection for publications and seminars provided by the department may not exceed the actual cost incurred in providing those publications and seminars. If the department receives unanticipated proceeds from a statewide labor and management conference provided by the department that exceed the actual cost of the conference, the department may use those unanticipated proceeds to provide grants for local labor and management conferences, educational activities and other activities to promote positive relations between labor and management.

27,3647 Section 3647 . 101.02 (18) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

101.02 (18) The department may establish a schedule of fees for publications and seminars provided by the department for which no fee is otherwise authorized, required or prohibited by statute. Fees established under this subsection for publications and seminars provided by the department may not exceed the actual cost incurred in providing those publications and seminars.

27,3648 Section 3648 . 101.02 (18m) of the statutes is created to read:

101.02 (18m) The department may perform testing of petroleum products other than testing provided under ch. 168. The department may establish a schedule of fees for such petroleum product testing services. The department shall credit all revenues received from fees established under this subsection to the appropriation account under s. 20.445 (1) (ga). Revenues from fees established under this subsection may be used by the department to pay for testing costs, including laboratory supplies and equipment amortization, for such products.

27,3649 Section 3649 . 101.02 (18m) of the statutes, as created by 1995 Wisconsin Act .... (this act), is amended to read:

101.02 (18m) The department may perform testing of petroleum products other than testing provided under ch. 168. The department may establish a schedule of fees for such petroleum product testing services. The department shall credit all revenues received from fees established under this subsection to the appropriation account under s. 20.445 (1) 20.143 (3) (ga). Revenues from fees established under this subsection may be used by the department to pay for testing costs, including laboratory supplies and equipment amortization, for such products.

27,3649m Section 3649m. 101.02 (20) of the statutes is created to read:

101.02 (20) The department of industry, labor and human relations shall establish a procedure for that department to provide to the state public defender and the department of administration any information that the department of industry, labor and human relations may have concerning an individual's wages to assist the state public defender and the department of administration in collecting payment ordered under s. 48.275 (2), 757.66, 973.06 (1) (e) or 977.076 (1).

27,3649r Section 3649r. 101.02 (20) of the statutes, as created by 1995 Wisconsin Act .... (this act), is renumbered 103.005 (20).

27,3650 Section 3650 . 101.03 of the statutes is amended to read:

101.03 Testimonial powers of commissioners, secretary and deputy. Each of the commissioners, secretary The secretary or any deputy secretary may certify to official acts, and take testimony.

27,3651 Section 3651 . 101.04 of the statutes is renumbered 103.04, and 103.04 (1), as renumbered, is amended to read:

103.04 (1) The commission shall issue its decision in any case where a petition for review is filed under ch. 102 or 108 or s. 66.191, 1981 stats., or s. 40.65 (2), 101.22 106.04 (10), 101.223 106.07 (4), 111.39, 303.07 (7) or 303.21.

27,3651m Section 3651m. 101.05 (2) of the statutes is amended to read:

101.05 (2) A bed and breakfast establishment, as defined under s. 254.61 (1), is not subject to rules on residential occupancy or to other building codes adopted by the department under this subchapter, except that the uniform dwelling code specified in s. 101.62 adopted in rules promulgated under s. 101.63 (1) applies to the 3rd floor level of a bed and breakfast establishment that uses, other than as storage, the 3rd floor level of the bed and breakfast establishment structure.

27,3652 Section 3652 . 101.055 (1) of the statutes is amended to read:

101.055 (1) Intent. It is the intent of this section to give employes of the state, of any state agency and of any political subdivision of this state rights and protections relating to occupational safety and health equivalent to those granted to employes in the private sector under the occupational safety and health act of 1970 (5 USC 5108, 5314, 5315 and 7902; 15 USC 633 and 636; 18 USC 1114; 29 USC 553 and 651 to 678; 42 USC 3142-1 and 49 USC 1421).

27,3653 Section 3653 . 101.055 (2) (b) of the statutes is amended to read:

101.055 (2) (b) “Public employe" or “employe" means any employe of the state, of any state agency or of any political subdivision of the state.

27,3654 Section 3654 . 101.055 (2) (d) of the statutes is amended to read:

101.055 (2) (d) “Public employer" or “employer" means the state, any state agency or any political subdivision of the state.

27,3655 Section 3655 . 101.055 (5) (a) of the statutes is amended to read:

101.055 (5) (a) A public employe or public employe representative who believes that a safety or health standard or variance is being violated, or that a situation exists which poses a recognized hazard likely to cause death or serious physical harm, may request the department to conduct an inspection. The department shall provide forms which may be used to make a request for an inspection. If the employe or public employe representative requesting the inspection so designates, that person's name shall not be disclosed to the employer or any other person, including any state agency except the department. If the department decides not to make an inspection, it shall notify in writing any employe or public employe representative making a written request. A decision by the department not to make an inspection in response to a request under this subsection is reviewable by the department under sub. (6) (a) 3. and is subject to judicial review under sub. (6) (a) 4.

27,3656 Section 3656 . 101.055 (8) (a) of the statutes is renumbered 101.055 (8) (ar).

27,3657 Section 3657 . 101.055 (8) (ag) of the statutes is created to read:

101.055 (8) (ag) In this subsection, “division of equal rights" means the division of equal rights in the department of industry, labor and human relations acting under the authority provided in s. 106.06 (4).

27,3658 Section 3658 . 101.055 (8) (b) of the statutes is amended to read:

101.055 (8) (b) A state employe who believes that he or she has been discharged or otherwise discriminated against by a public employer in violation of par. (a) (ar) may file a complaint with the personnel commission alleging discrimination or discharge, within 30 days after the employe received knowledge of the discrimination or discharge. A public employe other than a state employe who believes that he or she has been discharged or otherwise discriminated against by a public employer in violation of par. (a) (ar) may file a complaint with the division of equal rights of the department alleging discrimination or discharge, within 30 days after the employe received knowledge of the discrimination or discharge.

27,3659 Section 3659 . 101.055 (8) (c) of the statutes is amended to read:

101.055 (8) (c) Upon receipt of a complaint, the personnel commission or the division of equal rights, whichever is applicable, shall, except as provided in s. 230.45 (1m), investigate the complaint and determine whether there is probable cause to believe that a violation of par. (a) (ar) has occurred. If the personnel commission or the division of equal rights finds probable cause it shall attempt to resolve the complaint by conference, conciliation or persuasion. If the complaint is not resolved, the personnel commission or the division of equal rights shall hold a hearing on the complaint within 60 days after receipt of the complaint unless both parties to the proceeding agree otherwise. Within 30 days after the close of the hearing, the personnel commission or the division of equal rights shall issue its decision. If the personnel commission or the division of equal rights determines that a violation of par. (a) (ar) has occurred, it shall order appropriate relief for the employe, including restoration of the employe to his or her former position with back pay, and shall order any action necessary to ensure that no further discrimination occurs. If the personnel commission or the division of equal rights determines that there has been no violation of par. (a) (ar), it shall issue an order dismissing the complaint.

27,3660 Section 3660 . 101.12 (1) (intro.) of the statutes is amended to read:

101.12 (1) (intro.) The Except for plans that are reviewed by the department of health and social services under ss. 50.02 (2) (b) and 50.36 (2), the department shall require the submission of essential drawings, calculations and specifications for public buildings, public structures and places of employment including the following components:

27,3660m Section 3660m. 101.12 (5) (c) of the statutes is amended to read:

101.12 (5) (c) If an application submitted under par. (b) requests inspection or copying of plans for a secure structure or proposed secure structure that is or is anticipated to be owned by or leased to the state, the plans are not subject to the right of inspection or copying except as the department of administration otherwise provides by rule. If an application submitted under par. (b) requests inspection or copying of plans for a any other secure structure or proposed secure structure, the department, city, village, town or county shall consider the information supplied in the application and weigh the possible harm to the public interest which may result from permitting inspection and copying of the plans against the benefits of allowing such inspection or copying. If the department, city, village, town or county determines that the possible harm to the public interest outweighs the benefit to the requester and to the public interest of allowing such inspection or copying, it may deny the application or grant it upon such conditions as it determines are necessary to protect the public interest. This paragraph does not apply to an application submitted by a law enforcement agency or person authorized to have access to the plans by lawful subpoena.

27,3661 Section 3661 . 101.123 (1) (b) of the statutes is amended to read:

101.123 (1) (b) “Inpatient health care facility" means a county home established under s. 49.14 49.70, a county infirmary established under s. 49.171 49.72, a community-based residential facility or a nursing home licensed under s. 50.03 or a tuberculosis sanatorium established under s. 58.06, 252.073 or 252.076.

27,3662 Section 3662 . 101.125 (1) (a) of the statutes is amended to read:

101.125 (1) (a) “Building" means a “ place of employment" as defined in s. 101.01 (2) (f) and a “public building" as defined in s. 101.01 (2) (g) place of employment or a public building and includes, without limitation because of enumeration, wholesale and retail stores, storerooms, office buildings, factories, warehouses, governmental buildings, hotels, hospitals, motels, dormitories, sanatoriums, nursing homes, retirement homes, theaters, stadiums, gymnasiums, amusement park buildings, schools and other buildings used for educational purposes, places of worship and other places of public assembly and all residences including mobile homes, manufactured or industrialized housing, lodging homes and any other building used as a dwelling for one or more persons.

27,3663m Section 3663m. 101.13 (6) (b) to (f) of the statutes are repealed.

27,3664 Section 3664 . 101.14 (1) (c) of the statutes is amended to read:

101.14 (1) (c) The department is hereby empowered and directed to provide the form of a course of study in fire prevention for use in the public schools, dealing with the protection of lives and property against loss or damage as a result of preventable fires, and transmit the same by the first day of August in each year to the state superintendent department of public instruction education.

27,3665 Section 3665 . 101.143 (title) of the statutes is amended to read:

101.143 (title) Petroleum storage remedial action; financial assistance.

27,3666 Section 3666 . 101.143 (2) (d) of the statutes is amended to read:

101.143 (2) (d) The department shall reserve a portion, not to exceed 20%, of the amount annually appropriated under s. 20.445 (1) 20.143 (3) (v) for awards under this section to be used to fund emergency remedial action and claims that exceed the amount initially anticipated.

27,3667 Section 3667 . 101.143 (2m) of the statutes is amended to read:

101.143 (2m) Interdepartmental coordination. Whenever the department of industry, labor and human relations development receives a notification under sub. (3) (a) 3. or the department of natural resources receives a notification of a petroleum product discharge under s. 144.76, the department receiving the notification shall contact the other department and shall schedule a meeting of the owner or operator or person owning a home oil tank system and representatives of both departments.

27,3668 Section 3668 . 101.143 (3) (ae) 1. of the statutes is amended to read:

101.143 (3) (ae) 1. An owner or operator or a person owning a home oil tank system is not eligible for an award under this section for costs incurred because of a petroleum product discharge from a petroleum product storage system or a home oil tank system that meets the performance standards in 40 CFR 280.20 or s. ILHR 10.51, Wis. adm. code in rules promulgated by the department relating to underground storage tank systems installed after December 22, 1988, except as provided in subd. 2.

27,3669 Section 3669 . 101.143 (3) (ae) 2. of the statutes is amended to read:

101.143 (3) (ae) 2. If a petroleum product storage system or home oil tank system that meets the performance standards in 40 CFR 280.20 or s. ILHR 10.51, Wis. adm. code in rules promulgated by the department relating to underground storage tank systems installed after December 22, 1988, is located on a site on which a petroleum product discharge is confirmed before the date on which the petroleum product storage system or home oil tank system is installed and the department of natural resources does not issue a case closure letter with respect to that discharge before the installation date, then the owner or operator or person owning the home oil tank system remains eligible for an award for costs incurred because of a petroleum product discharge, from that petroleum product storage system or home oil tank system, which is confirmed, and with respect to which activities under par. (c) or (g) are begun, before January 1, 1996, or before the 91st day after the day on which the department of natural resources issues a case closure letter with respect to the discharge that occurred before the installation of the petroleum product storage system or home oil tank system, whichever is earlier.

27,3670 Section 3670 . 101.143 (3) (am) 1. of the statutes is amended to read:

101.143 (3) (am) 1. An owner or operator or a person owning a home oil tank system is not eligible for an award under this section for costs incurred because of a petroleum product discharge from a petroleum product storage system or a home oil tank system if the discharge is confirmed, or activities under par. (c) or (g) are begun with respect to that discharge, after the day on which the petroleum product storage system or home oil tank system first meets the upgrading requirements in 40 CFR 280.21 (b) to (d) or s. ILHR 10.52 (2) to (4), Wis. adm. code in rules promulgated by the department relating to the upgrading of existing underground storage tank systems, except as provided in subds. 2. to 4.

27,3671 Section 3671 . 101.143 (3) (am) 2. of the statutes is amended to read:

101.143 (3) (am) 2. If a petroleum product storage system or home oil tank system first meets the upgrading requirements in 40 CFR 280.21 (b) to (d) or s. ILHR 10.52 (2) to (4), Wis. adm. code in rules promulgated by the department relating to the upgrading of existing underground storage tank systems, after December 31, 1993, and the owner or operator or person owning the home oil tank system applies for private pollution liability insurance covering the petroleum product storage system or home oil tank system within 30 days after the day on which the petroleum product storage system or home oil tank system first meets those upgrading requirements, then the owner or operator or person remains eligible for an award for costs incurred because of a petroleum product discharge, from that petroleum product storage system or home oil tank system, which is confirmed, and with respect to which activities under par. (c) or (g) are begun, before the 91st day after the day on which the petroleum product storage system or home oil tank system first meets those upgrading requirements.

27,3672 Section 3672 . 101.143 (3) (am) 4. of the statutes is amended to read:

101.143 (3) (am) 4. If a petroleum product storage system or home oil tank system first meets the upgrading requirements in 40 CFR 280.21 (b) to (d) or s. ILHR 10.52 (2) to (4), Wis. adm. code in rules promulgated by the department relating to the upgrading of existing underground storage tank systems, after April 30, 1991, and is located on a site on which a petroleum product discharge is confirmed before the date on which the petroleum product storage system or home oil tank system first meets those upgrading requirements and the department of natural resources does not issue a case closure letter with respect to that discharge before that date, then the owner or operator or person owning the home oil tank system remains eligible for an award for costs incurred because of a petroleum product discharge, from that petroleum product storage system or home oil tank system, which is confirmed, and with respect to which activities under par. (c) or (g) are begun, before January 1, 1996, or before the 91st day after the day on which the department of natural resources issues a case closure letter with respect to the discharge that occurred before the upgrading requirements were met, whichever is earlier.

27,3673 Section 3673 . 101.143 (3) (as) 4. of the statutes is amended to read:

101.143 (3) (as) 4. If the department issues an award under this section for remedial action activities that were necessitated by a petroleum product discharge from a petroleum product storage system or home oil tank system that does not meet the performance standards in 40 CFR 280.20 or s. ILHR 10.51, Wis. adm. code in rules promulgated by the department relating to underground storage tank systems installed after December 22, 1988, and that, at the time of that discharge, does not meet the upgrading requirements in 40 CFR 280.21 (b) to (d) or s. ILHR 10.52 (2) to (4), Wis. adm. code in rules promulgated by the department relating to the upgrading of existing underground storage tank systems, then the owner or operator or person owning the home oil tank system remains eligible for an award for costs incurred because of any later petroleum product discharge from the same petroleum product storage system or home oil tank system and within the same area which is confirmed, and with respect to which activities under par. (c) or (g) are begun, before January 1, 1996, or before the 91st day after the day on which the petroleum product storage system or home oil tank system first meets those upgrading requirements, whichever is earlier.

27,3673p Section 3673p. 101.143 (3) (bm) of the statutes is amended to read:

101.143 (3) (bm) Agents. Except as provided in par. (bn), an owner or operator or a person owning a home oil tank system may enter into a written agreement with another a county or any other person under which that county or other person acts as an agent for the owner or operator or person owning a home oil tank system in conducting the activities required under par. (c). The owner or operator or person owning a home oil tank system and the agent shall jointly submit the claim for an award under sub. (4).

27,3674 Section 3674 . 101.143 (3) (c) 4. of the statutes is amended to read: