AB150: Bill Text

****Note: This is reconciled s. 101.42. This Section has been affected by drafts with the following LRB numbers: -2153/1 and -2243/2.

AB150, s. 3725 Section 3725. 101.43 of the statutes is repealed.

****Note: This is reconciled s. 101.43. This Section has been affected by drafts with the following LRB numbers: -2153/1 and -2243/2.

AB150, s. 3726 Section 3726. 101.47 of the statutes is renumbered 106.25.

AB150, s. 3727 Section 3727. 101.573 (3) (a) of the statutes is amended to read:

AB150,1304,11 101.573 (3) (a) On or before May 1 in each year, the department shall compile the fire department dues paid by all insurers under s. 601.93 and the dues paid by the state fire fund under sub. (1) and funds remaining under par. (b), withhold .5% and certify to the state treasurer the proper amount to be paid from the appropriation under s. 20.445 (1) 20.143 (3) (L) to each city, village or town entitled to fire department dues under s. 101.575. Annually, on or before August 1, the state treasurer shall pay the amounts certified by the department to the cities, villages and towns eligible under s. 101.575.

AB150, s. 3728 Section 3728. 101.597 (3) of the statutes is amended to read:

AB150,1304,18 101.597 (3) By department. The department shall inform manufacturers, suppliers, employers, agricultural employers and employes of their duties and rights under ss. 101.58 to 101.599. As part of this program, the department shall cooperate with the departments of development and department of revenue to notify any employer commencing operations on or after May 8, 1982, of that employer's duties and rights.

AB150, s. 3729 Section 3729. 101.62 of the statutes is amended to read:

AB150,1305,10 101.62 Dwelling code council; power. The dwelling code council shall review the standards and rules for one- and 2-family dwelling construction and recommend a uniform dwelling code for adoption by the department which shall include rules providing for the conservation of energy in the construction and maintenance of dwellings and for costs of specific code provisions to home buyers to be related to the benefits derived from such provisions. The council shall study the need for and availability of one-family and 2-family dwellings that are accessible to persons with disabilities, as defined in s. 101.22 106.04 (1m) (g), and shall make recommendations to the department for any changes to the uniform dwelling code that may be needed to ensure an adequate supply of one-family and 2-family dwellings. Upon its own initiative or at the request of the department, the council shall consider and make recommendations to the department pertaining to rules and any other matters related to this subchapter. The council shall recommend variances for different climate and soil conditions throughout the state.

AB150, s. 3730 Section 3730. 101.80 (2) of the statutes is amended to read:

AB150,1305,15 101.80 (2) "Public buildings" and "places of employment" have the meanings provided by s. 101.01 (2) and include all exterior wiring except wiring owned, leased, operated or maintained by a public utility including any electrical cooperative, in the exercise of its utility function.

AB150, s. 3731 Section 3731. 101.82 (1) of the statutes is amended to read:

AB150,1305,22 101.82 (1) Adopt rules for the construction and inspection of electrical construction of public buildings and places of employment and for the inspection of electrical construction of places where farming, as defined in s. 101.01 (2) (f) (11), is conducted. Where feasible, the standards used shall be those nationally recognized. No rule may be adopted which does not take into account the conservation of energy in construction and maintenance of buildings.

AB150, s. 3732 Section 3732. 101.92 (7) of the statutes is amended to read:

AB150,1305,25 101.92 (7) Shall establish within the division of safety and buildings a staff for the administration and enforcement of ss. 101.90 to 101.96.

AB150, s. 3733 Section 3733. 101.973 (8) of the statutes is amended to read:

AB150,1306,3 101.973 (8) Deposit the moneys received from the fees under sub. (7) in the appropriation under s. 20.445 (1) 20.143 (3) (j).

AB150, s. 3734 Section 3734. 101.975 (3) (a) 3. of the statutes is amended to read:

AB150,1306,7 101.975 (3) (a) 3. The ordinance does not conform to this subchapter and s. 101.02 (7m) or is contrary to an order of the department under ss. 101.01 to 101.25 subch. I.

AB150, s. 3735 Section 3735. 101.975 (3) (a) 4. of the statutes is amended to read:

AB150,1306,11 101.975 (3) (a) 4. The ordinance is more stringent than the corresponding provision of this subchapter or s. 101.02 or the contrary provision of an order of the department under ss. 101.01 to 101.25 subch. I.

AB150, s. 3736 Section 3736. 101.975 (3) (b) of the statutes is amended to read:

AB150,1306,16 101.975 (3) (b) If a political subdivision has a preexisting stricter sprinkler ordinance, that ordinance remains in effect, except that the political subdivision may amend the ordinance to conform to this subchapter and s. 101.02 (7m) and to be not contrary to an order of the department under ss. 101.01 to 101.25 subch. I.

AB150, s. 3737 Section 3737. 102.01 (2) (ag) of the statutes is created to read:

AB150,1306,18 102.01 (2) (ag) "Commissioner" means a member of the commission.

AB150, s. 3738 Section 3738. 102.01 (2) (ap) of the statutes is created to read:

AB150,1306,21 102.01 (2) (ap) "Department" means the department of industry, labor and human relations.

AB150, s. 3739 Section 3739. 102.01 (2) (bm) of the statutes is created to read:

AB150,1307,2 102.01 (2) (bm) "General order" means such order as applies generally throughout the state to all persons, employments, places of employment or public buildings, or all persons, employments or places of employment or public buildings of a class under the jurisdiction of the department. All other orders of the department shall be considered special orders.

AB150, s. 3740 Section 3740. 102.01 (2) (dm) of the statutes is created to read:

AB150,1307,6 102.01 (2) (dm) "Order" means any decision, rule, regulation, direction, requirement or standard of the department, or any other determination arrived at or decision made by the department.

AB150, s. 3741 Section 3741. 102.01 (2) (em) of the statutes is created to read:

AB150,1307,9 102.01 (2) (em) "Secretary" means the secretary of industry, labor and human relations.

AB150, s. 3742 Section 3742. 102.17 (1) (a) of the statutes is amended to read:

AB150,1308,7 102.17 (1) (a) Upon the filing with the department by any party in interest of any application in writing stating the general nature of any claim as to which any dispute or controversy may have arisen, it shall mail a copy of such application to all other parties in interest and the insurance carrier shall be deemed a party in interest. The department may bring in additional parties by service of a copy of the application. The department shall cause notice of hearing on the application to be given to each party interested, by service of such notice on the interested party personally or by mailing a copy to the interested party's last-known address at least 10 days before such hearing. In case a party in interest is located without the state, and has no post-office address within this state, the copy of the application and copies of all notices shall be filed in the office of the secretary of state with the department of revenue and shall also be sent by registered or certified mail to the last-known post-office address of such party. Such filing and mailing shall constitute sufficient service, with the same effect as if served upon a party located within this state. The hearing may be adjourned in the discretion of the department, and hearings may be held at such places as the department designates, within or without the state. The department may also arrange to have hearing held by the commission, officer or tribunal having authority to hear cases arising under the worker's compensation law of any other state, of the District of Columbia, or of any territory of the United States, the testimony and proceedings at any such hearing to be reported to the department and to be part of the record in the case. Any evidence so taken shall be subject to rebuttal upon final hearing before the department.

AB150, s. 3743 Section 3743. 102.39 of the statutes is amended to read:

AB150,1308,12 102.39 General orders; application of statutes. The provisions of ch. 101, s. 103.005 relating to the adoption, publication, modification and court review of general orders of the department shall apply to all general orders adopted pursuant to this chapter.

AB150, s. 3744 Section 3744. 102.42 (9) (b) of the statutes is amended to read:

AB150,1308,19 102.42 (9) (b) Such specialist shall study the problems of rehabilitation, both physical and vocational and shall refer suitable cases to the department of health and social services for vocational evaluation and training. The specialist shall investigate and maintain a directory of such rehabilitation facilities, private and public, as are capable of rendering competent rehabilitation service to seriously injured employes.

AB150, s. 3745 Section 3745. 102.61 (1m) (a) of the statutes is amended to read:

AB150,1309,4 102.61 (1m) (a) If the department of health and social services has determined under sub. (1) that an employe is eligible for vocational rehabilitation services under 29 USC 701 to 797b, but that the department of health and social services cannot provide those services for the employe, the employe may select a private rehabilitation counselor certified by the department of industry, labor and human relations to determine whether the employe can return to suitable employment without rehabilitative training and, if that counselor determines that rehabilitative training is necessary, to develop a rehabilitative training program to restore as nearly as possible the employe to his or her preinjury earning capacity and potential.

AB150, s. 3746 Section 3746. 103.001 of the statutes is created to read:

AB150,1309,7 103.001 Definitions. In chs. 103 to 106, the following words and phrases have the designated meanings unless a different meaning is expressly provided:

AB150,1309,9 (3) "Department" means the department of industry, labor and human relations.

AB150,1309,14 (4) "Deputy" means any person employed by the department designated as a deputy, who possesses special, technical, scientific, managerial or personal abilities or qualities in matters within the jurisdiction of the department, and who may be engaged in the performance of duties under the direction of the secretary, calling for the exercise of such abilities or qualities.

AB150,1309,17 (5) "Employe" means any person who may be required or directed by any employer, in consideration of direct or indirect gain or profit, to engage in any employment, or to go or work or be at any time in any place of employment.

AB150,1309,22 (6) "Employer" means any person, firm, corporation, state, county, town, city, village, school district, sewer district, drainage district and other public or quasi-public corporations as well as any agent, manager, representative or other person having control or custody of any employment, place of employment or of any employe.

AB150,1310,2 (7) "Employment" means any trade, occupation or process of manufacture, or any method of carrying on such trade, occupation or process of manufacture in which any person may be engaged, except in such private domestic service as does not involve the use of mechanical power and in farm labor as used in sub. (12).

AB150,1310,6 (8) "Frequenter" means every person, other than an employe, who may go in or be in a place of employment or public building under circumstances which render such person other than a trespasser. Such term includes a pupil or student when enrolled in or receiving instruction at an educational institution.

AB150,1310,11 (9) "General order" means such order as applies generally throughout the state to all persons, employments, places of employment or public buildings, or all persons, employments or places of employment or public buildings of a class under the jurisdiction of the department. All other orders of the department shall be considered special orders.

AB150,1310,16 (10) "Local order" means any ordinance, order, rule or determination of any common council, board of alderpersons, board of trustees or the village board, of any village or city, a regulation or order of the local board of health, as defined in s. 250.01 (3), or an order or direction of any official of a municipality, upon any matter over which the department has jurisdiction.

AB150,1310,19 (11) "Order" means any decision, rule, regulation, direction, requirement or standard of the department, or any other determination arrived at or decision made by the department.

AB150,1311,6 (12) "Place of employment" includes every place, whether indoors or out or underground and the premises appurtenant thereto where either temporarily or permanently any industry, trade or business is carried on, or where any process or operation, directly or indirectly related to any industry, trade or business, is carried on, and where any person is, directly or indirectly, employed by another for direct or indirect gain or profit, but does not include any place where persons are employed in private domestic service which does not involve the use of mechanical power or in farming. "Farming" includes those activities specified in s. 102.04 (3), and also includes the transportation of farm products, supplies or equipment directly to the farm by the operator of said farm or employes for use thereon, if such activities are directly or indirectly for the purpose of producing commodities for market, or as an accessory to such production.

AB150,1311,10 (13) "Public building" means any structure, including exterior parts of such building, such as a porch, exterior platform or steps providing means of ingress or egress, used in whole or in part as a place of resort, assemblage, lodging, trade, traffic, occupancy, or use by the public or by 3 or more tenants.

AB150,1311,16 (14) "Safe" or "safety", as applied to an employment or a place of employment or a public building, means such freedom from danger to the life, health, safety or welfare of employes or frequenters, or the public, or tenants, or fire fighters, and such reasonable means of notification, egress and escape in case of fire, and such freedom from danger to adjacent buildings or other property, as the nature of the employment, place of employment, or public building, will reasonably permit.

AB150,1311,17 (15) "Secretary" means the secretary of industry, labor and human relations.

AB150,1311,18 (16) "Welfare" includes comfort, decency and moral well-being.

AB150, s. 3747 Section 3747. 103.005 of the statutes is created to read:

AB150,1311,23 103.005 Powers, duties and jurisdiction of department. (1) The department shall adopt reasonable and proper rules and regulations relative to the exercise of its powers and authorities and proper rules to govern its proceedings and to regulate the mode and manner of all investigations and hearings.

AB150,1312,3 (3) The department shall employ, promote and remove deputies, clerks and other assistants as needed, to fix their compensation, and to assign to them their duties; and shall appoint advisers who shall, without compensation except reimbursement for actual and necessary expenses, assist the department in the execution of its duties.

AB150,1312,6 (4) The department shall collect, collate and publish statistical and other information relating to the work under its jurisdiction and shall make public reports in its judgment necessary.

AB150,1312,10 (5) (a) The department shall conduct such investigations, hold such public meetings and attend or be represented at such meetings, conferences and conventions inside or outside of the state as may, in its judgment, tend to better the execution of its functions.

AB150,1312,14 (b) For the purpose of making any investigation with regard to any employment, the secretary may appoint, by an order in writing, any deputy who is a citizen of the state, or any other competent person as an agent whose duties shall be prescribed in such order.

AB150,1312,18 (c) In the discharge of his or her duties such agent shall have every power of an inquisitorial nature granted in chs. 103 to 106 to the department, the same powers as a court commissioner with regard to the taking of depositions and all powers granted by law to a court commissioner relative to depositions.

AB150,1312,25 (d) The department may conduct any number of such investigations contemporaneously through different agents, and may delegate to such agent the taking of all testimony bearing upon any investigation or hearing. The decision of the department shall be based upon its examination of all testimony and records. The recommendations made by such agents shall be advisory only and shall not preclude the taking of further testimony if the department so orders nor preclude further investigation.

AB150,1313,3 (e) The secretary may direct any deputy who is a citizen to act as special prosecutor in any action, proceeding, investigation, hearing or trial relating to the matters within its jurisdiction.

AB150,1313,9 (f) Upon the request of the department, the department of justice or district attorney of the county in which any investigation, hearing or trial had under chs. 103 to 106 is pending, shall aid therein and prosecute under the supervision of the department, all necessary actions or proceedings for the enforcement of those sections and all other laws of this state relating to the regulation of employment, and for the punishment of all violations thereof.

AB150,1313,13 (6) (a) All orders of the department in conformity with law shall be in force, and shall be prima facie lawful; and all such orders shall be valid and in force, and prima facie reasonable and lawful until they are found otherwise upon judicial review thereof pursuant to ch. 227 or until altered or revoked by the department.

AB150,1313,15 (b) All general orders shall take effect as provided in s. 227.22. Special orders shall take effect as directed in the special order.

AB150,1313,17 (c) The department shall, upon application of any employer or owner, grant such time as may be reasonably necessary for compliance with any order.

AB150,1313,19 (d) Any person may petition the department for an extension of time, which the department shall grant if it finds such an extension of time necessary.

AB150,1313,23 (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 chs. 103 to 106.

AB150,1314,5 (f) Such petition for hearing shall be by verified petition filed with the department, setting out specifically and in full detail the order upon which a hearing is desired and every reason why such order is unreasonable, and every issue to be considered by the department on the hearing. The petitioner shall be deemed to have finally waived all objections to any irregularities and illegalities in the order upon which a hearing is sought other than those set forth in the petition. All hearings of the department shall be open to the public.

AB150,1314,13 (g) Upon receipt of such petition, if the issues raised in such petition have theretofore been adequately considered, the department shall determine the same by confirming without hearing its previous determination, or if such hearing is necessary to determine the issues raised, the department shall order a hearing thereon and consider and determine the matter or matters in question at such times as shall be prescribed. Notice of the time and place of such hearing shall be given to the petitioner and to such other persons as the department may find directly interested in such decision.

AB150,1314,16 (h) Upon such investigation, if the department finds that the order complained of is unjust or unreasonable the department shall substitute for that order such other order as shall be just and reasonable.

AB150,1314,20 (i) Whenever at the time of the final determination upon such hearing it shall be found that further time is reasonably necessary for compliance with the order of the department, the department shall grant such time as may be reasonably necessary for such compliance.

AB150,1314,25 (7) (a) Any person affected by any local order in conflict with an order of the department, may in the manner provided in sub. (6) (e) to (i), petition the department for a hearing on the ground that such local order is unreasonable and in conflict with the order of the department. The petition for such hearing shall conform to the requirements set forth for a petition in sub. (6) (e) to (i).

AB150,1315,11 (b) Upon receipt of a petition under par. (a) the department shall order a hearing to consider and determine the issues raised by the petition. The hearing shall be held in the village, city or municipality where the local order appealed from was made. Notice of the time and place of such hearing shall be given to the petitioner and such other persons as the department may find directly interested in such decision, including the clerk of the municipality or town from which such appeal comes. If upon such investigation it shall be found that the local order appealed from is unreasonable and in conflict with the order of the department, the department may modify its order and shall substitute for the local order appealed from such order as shall be reasonable and legal in the premises, and thereafter the local order shall, in such particulars, be void and of no effect.

AB150,1315,17 (8) (a) No action, proceeding or suit to set aside, vacate or amend any order of the department or to enjoin the enforcement of an order of the department shall be brought unless the plaintiff has applied to the department for a hearing on the order at the time and as provided in sub. (6) (e) to (i), and has, in the petition for the hearing under sub. (6), raised every issue raised in the action, proceeding or suit to set aside, vacate, amend or enjoin the enforcement of the order of the department.

AB150,1315,21 (b) In a prosecution for the violation of an order of the department, the order of the department shall be conclusively presumed to be just, reasonable and lawful, unless prior to the beginning of the prosecution for the violation a proceeding for judicial review of such order has been instituted as provided in ch. 227.

AB150,1315,24 (9) A substantial compliance with the requirements of chs. 103 to 106 shall be sufficient to give effect to an order of the department, and no order may be declared inoperative, illegal or void for any omission of a technical nature.

AB150,1316,2 (10) Orders of the department under chs. 103 to 106 shall be subject to review in the manner provided in ch. 227.

AB150,1316,7 (11) Every day during which any person or corporation, or any officer, agent or employe of a person or corporation, fails to observe and comply with any order of the department or fails to perform any duty required under chs. 103 to 106, shall constitute a separate and distinct violation of the order or of the requirement under chs. 103 to 106, whichever is applicable.

AB150,1316,14 (12) (a) If any employer, employe, owner, or other person violates chs. 103 to 106, or fails or refuses to perform any duty required under chs. 103 to 106, 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 chs. 103 to 106, for each such violation, failure or refusal, the employer, employe, owner or other person shall forfeit not less than $10 nor more than $100 for each offense.

AB150,1316,18 (b) It shall be the duty of all officers of the state, the counties and municipalities, upon request of the department, to enforce in their respective departments or jurisdictions all lawful orders of the department to the extent that the orders are applicable and consistent with the general duties of such officers.

AB150,1316,20 (13) (a) The secretary or any examiner appointed by the secretary may hold hearings and take testimony.

AB150,1317,4 (b) Each witness who appears before the department by its order shall receive for attendance the fees and mileage provided for witnesses in civil cases in courts of record, which shall be audited and paid by the state in the same manner as other expenses are audited and paid, upon the presentation of properly verified vouchers approved by the secretary, and charged to the proper appropriation for the department. No witness subpoenaed at the instance of an attorney under par. (cm) or at the instance of a party other than the department is entitled to compensation from the state for attendance or travel unless the department certifies that the testimony was material to the matter investigated.