AB150: Bill Text

AB150, s. 3656 Section 3656. 101.055 (8) (a) of the statutes is renumbered 101.055 (8) (ar).

AB150, s. 3657 Section 3657. 101.055 (8) (ag) of the statutes is created to read:

AB150,1284,3 101.055 (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).

AB150, s. 3658 Section 3658. 101.055 (8) (b) of the statutes is amended to read:

AB150,1284,13 101.055 (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.

AB150, s. 3659 Section 3659. 101.055 (8) (c) of the statutes is amended to read:

AB150,1285,5 101.055 (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.

AB150, s. 3660 Section 3660. 101.12 (1) (intro.) of the statutes is amended to read:

AB150,1285,11 101.12 (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:

AB150, s. 3661 Section 3661. 101.123 (1) (b) of the statutes is amended to read:

AB150,1285,16 101.123 (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.

AB150, s. 3662 Section 3662. 101.125 (1) (a) of the statutes is amended to read:

AB150,1286,2 101.125 (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.

AB150, s. 3663 Section 3663. 101.126 (1m) of the statutes is amended to read:

AB150,1286,5 101.126 (1m) In developing the requirements under sub. (1), the department shall consult with the council on recycling market development board.

AB150, s. 3664 Section 3664. 101.14 (1) (c) of the statutes is amended to read:

AB150,1286,11 101.14 (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.

AB150, s. 3665 Section 3665. 101.143 (title) of the statutes is amended to read:

AB150,1286,13 101.143 (title) Petroleum storage remedial action; financial assistance.

AB150, s. 3666 Section 3666. 101.143 (2) (d) of the statutes is amended to read:

AB150,1286,18 101.143 (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.

AB150, s. 3667 Section 3667. 101.143 (2m) of the statutes is amended to read:

AB150,1286,25 101.143 (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.

AB150, s. 3668 Section 3668. 101.143 (3) (ae) 1. of the statutes is amended to read:

AB150,1287,8 101.143 (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.

AB150, s. 3669 Section 3669. 101.143 (3) (ae) 2. of the statutes is amended to read:

AB150,1287,24 101.143 (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.

AB150, s. 3670 Section 3670. 101.143 (3) (am) 1. of the statutes is amended to read:

AB150,1288,9 101.143 (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.

AB150, s. 3671 Section 3671. 101.143 (3) (am) 2. of the statutes is amended to read:

AB150,1288,24 101.143 (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.

AB150, s. 3672 Section 3672. 101.143 (3) (am) 4. of the statutes is amended to read:

AB150,1289,15 101.143 (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.

AB150, s. 3673 Section 3673. 101.143 (3) (as) 4. of the statutes is amended to read:

AB150,1290,7 101.143 (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.

AB150, s. 3674 Section 3674. 101.143 (3) (c) 4. of the statutes is amended to read:

AB150,1290,11 101.143 (3) (c) 4. Receive written approval from the department of natural resources that the remedial action activities performed under subd. 3. meet the requirements of s. 144.76.

AB150, s. 3675 Section 3675. 101.143 (3) (cm) of the statutes is amended to read:

AB150,1290,17 101.143 (3) (cm) Monitoring as remedial action. An owner or operator or person owning a home oil tank system may, with the approval of the department of natural resources, satisfy the requirements of par. (c) 2. and 3. by proposing and implementing monitoring to ensure the effectiveness of the natural process of degradation of petroleum product contamination.

AB150, s. 3676 Section 3676. 101.143 (3) (d) of the statutes is amended to read:

AB150,1291,2 101.143 (3) (d) Review of site investigations, remedial action plans and remedial action activities. The department of natural resources shall, at the request of the claimant, review the site investigation and the remedial action plan and advise the claimant on the adequacy of proposed remedial action activities in meeting the requirements of s. 144.76. The advice is not an approval of the remedial action activities. The department of natural resources shall complete a final review of the remedial action activities within 60 days after the claimant notifies the department of natural resources that the remedial action activities are completed.

AB150, s. 3677 Section 3677. 101.143 (3) (e) of the statutes is repealed.

AB150, s. 3678 Section 3678. 101.143 (3) (f) 5. of the statutes is amended to read:

AB150,1291,6 101.143 (3) (f) 5. The written approval of the department of natural resources under par. (c) 4.

AB150, s. 3679 Section 3679. 101.143 (4) (a) 6. of the statutes is amended to read:

AB150,1291,10 101.143 (4) (a) 6. In any fiscal year, the department may not award more than 5% of the amount appropriated under s. 20.445 (1) 20.143 (3) (v) as awards for petroleum product storage systems described in par. (ei) 1.

AB150, s. 3680 Section 3680. 101.143 (4) (a) 7. of the statutes is amended to read:

AB150,1291,15 101.143 (4) (a) 7. In any fiscal year, the department may not award more than 5% of the amount appropriated under s. 20.445 (1) 20.143 (3) (v) as awards for petroleum product storage systems that are owned by school districts and that are used for storing heating oil for consumptive use on the premises where stored.

AB150, s. 3681 Section 3681. 101.143 (4) (ei) 1. a. of the statutes is amended to read:

AB150,1292,2 101.143 (4) (ei) 1. a. The owner or operator of the farm tank owns a parcel of 35 or more acres of contiguous land which is devoted primarily to agricultural use, as defined in s. 91.01 (1), including land designated by the department of natural resources as part of the ice age trail under s. 23.17 27.0135, which during the year preceding submission of a claim under sub. (3) produced gross farm profits, as defined in s. 71.58 (4), of not less than $6,000 or which, during the 3 years preceding that submission produced gross farm profits, as defined in s. 71.58 (4), of not less than $18,000, or a parcel of 35 or more acres of which at least 35 acres, during part or all of the year preceding that submission, were enrolled in the conservation reserve program under 16 USC 3831 to 3836.

AB150, s. 3682 Section 3682. 101.143 (4) (ei) 1. b. of the statutes is amended to read:

AB150,1292,8 101.143 (4) (ei) 1. b. The owner or operator of the farm tank has received a letter or notice from the department of development or department of natural resources indicating that the owner or operator must conduct a site investigation or remedial action because of a discharge from the farm tank or an order to conduct such an investigation or remedial action.

AB150, s. 3683 Section 3683. 101.143 (4) (es) 1. of the statutes is amended to read:

AB150,1292,16 101.143 (4) (es) 1. The department shall issue an award for a claim filed after August 9, 1989, for eligible costs, under par. (b), incurred on or after August 1, 1987, by an owner or operator or a person owning a home oil tank system in investigating the existence of a discharge or investigating the presence of petroleum products in soil or groundwater if the investigation is undertaken at the written direction of the department of industry, labor and human relations development or the department of natural resources and no discharge or contamination is found.

AB150, s. 3684 Section 3684. 101.143 (8) (b) of the statutes is amended to read:

AB150,1292,20 101.143 (8) (b) Review and advise the secretary and the secretary of natural resources on the implementation of the petroleum product remedial action program established under this section.

AB150, s. 3685 Section 3685. 101.144 of the statutes is created to read:

AB150,1292,22 101.144 Regulated storage tank discharges. (1) In this section:

AB150,1292,23 (a) "Discharge" has the meaning given in s. 144.76 (1) (a).

AB150,1293,3 (b) "Regulated storage tank" means a petroleum product storage system, as defined in s. 101.143 (1) (fg), or an underground storage tank, as defined in 42 USC 6991 (1).

AB150,1293,7 (c) "Remedial action" means action that is taken in response to a discharge and that is necessary to restore the environment to the extent practicable and to minimize the harmful effects of the discharge to the air, lands and waters of this state.

AB150,1293,10 (d) "Responsible person" means a person who owns or operates a regulated storage tank, a person who causes a discharge from a regulated storage tank or a person on whose property a regulated storage tank is located.

AB150,1293,15 (2) The department shall administer a program under which responsible persons investigate discharges from regulated storage tanks and take remedial action in response to those discharges. The department may issue an order requiring a responsible person to take remedial action in response to a discharge from a regulated storage tank.

AB150,1293,18 (3) The department of natural resources may take action under s. 144.76 (7) (a) or may issue an order under s. 144.76 (7) (c) in response to a discharge from a regulated storage tank only if one or more of the following apply:

AB150,1293,20 (a) The action or order is necessary in an emergency to prevent or mitigate an imminent hazard to public health, safety or welfare or to the environment.

AB150,1293,22 (b) The department of development requests the department of natural resources to take the action or issue the order.

AB150,1293,24 (c) The secretary of natural resources approves the action or order in advance after notice to the secretary of development.

AB150,1294,3 (d) The department of natural resources takes action under s. 144.76 (7) (a) after the responsible person fails to comply with an order that was issued under s. 144.76 (7) (c) in compliance with this subsection.

AB150,1294,5 (e) The department of natural resources takes the action under s. 144.76 (7) (a) because the identity of the responsible person is unknown.

AB150,1294,8 (4) Any person who violates a rule promulgated or an order issued under this section shall forfeit not less than $10 nor more than $5,000 for each violation. Each day of continued violation is a separate offense.

AB150, s. 3686 Section 3686. 101.17 of the statutes is amended to read:

AB150,1294,16 101.17 Machines and boilers, safety requirement. No machine, mechanical device, or steam boiler shall be installed or used in this state which does not fully comply with the requirements of the laws of this state enacted for the safety of employes and frequenters in places of employment and public buildings and with the orders of the department adopted and published in conformity with ss. 101.01 to 101.25 this subchapter. Any person violating this section shall be subject to the forfeitures provided in s. 101.02 (12) and (13).

AB150, s. 3687 Section 3687. 101.22 of the statutes is renumbered 106.04.

AB150, s. 3688 Section 3688. 101.221 of the statutes is renumbered 106.05, and 106.05 (2), as renumbered, is amended to read:

AB150,1294,23 106.05 (2) The council shall give consideration to the practical operation and application of ss. 101.22 to 101.222 106.04 to 106.06 and report to the proper legislative committee its view on any pending bill relating to the subject matter of ss. 101.22 to 101.222 106.04 to 106.06.

AB150, s. 3689 Section 3689. 101.222 of the statutes is renumbered 106.06, and 106.06 (3), as renumbered, is amended to read:

AB150,1295,3 106.06 (3) All gifts, grants, bequests and devises to the division for its use for any of the purposes mentioned in s. 101.221 106.05 are valid and shall be used to carry out the purposes for which made and received.

AB150, s. 3690 Section 3690. 101.223 of the statutes is renumbered 106.07, and 106.07 (4) (a), as renumbered, is amended to read:

AB150,1295,10 106.07 (4) (a) The department shall receive and investigate complaints charging discrimination or discriminatory practices in particular cases, and publicize its findings with respect thereto. The department has all powers provided under s. 111.39 with respect to the disposition of such complaints. The findings and orders of examiners may be reviewed as provided under s. 101.22 106.04 (10) (b).

AB150, s. 3691 Section 3691. 101.225 of the statutes is renumbered 106.08.

AB150, s. 3692 Section 3692. 101.23 of the statutes is renumbered 106.09.

AB150, s. 3693 Section 3693. 101.25 of the statutes is renumbered 106.10.

AB150, s. 3694 Section 3694. 101.26 of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 106.11.

****Note: This is reconciled s. 101.26. This Section has been affected by drafts with the following LRB numbers: 2298/5 and 2243/2.

AB150, s. 3695 Section 3695. 101.26 (3) (a) of the statutes is amended to read:

AB150,1296,11 101.26 (3) (a) To ensure that the governor's coordination and special services plan proposed by the state job training coordinating council on workforce excellence and each job training plan proposed by a private industry council pursuant to the federal job training partnership act, 29 USC 1501 to 1781 1792b, coordinate with and consider programs and services provided or proposed by other bodies with a direct interest in employment, training and human resources utilization and respond to concerns of interested citizens, employment and training service providers and members of the business community, the state job training coordinating council on workforce excellence and each private industry council shall make their proposed plans available to the public and after reasonable notice hold at least one public hearing before submittal to the governor under par. (c). The state job training coordinating governor's council on workforce excellence or private industry council shall provide notice of the public hearing and a copy of the proposed plan or a summary of it to the appropriate standing committees under par. (b). The public hearing shall be held sufficiently in advance of the date each council must submit its plan to the governor to permit the council to address concerns raised at its hearing. The public hearing shall be held at a reasonable time in a place accessible to the public, including handicapped persons.

AB150, s. 3696 Section 3696. 101.26 (3) (b) 1. of the statutes is amended to read:

AB150,1296,18 101.26 (3) (b) 1. The state job training coordinating governor's council on workforce excellence shall submit notice of public hearing and a copy of the proposed governor's coordination and special services plan or a summary of it to the standing committees dealing with education, economic development and employment and to any other appropriate standing committee in each house of the legislature at least 120 days before the beginning of the first of 2 program years covered by the plan.

AB150, s. 3697 Section 3697. 101.26 (3) (c) (intro.) of the statutes is amended to read: