Wisconsin Legislature: SB436,178,9

SB436,178,4 2(2) The department may not disclose any information received under sub. (1)
3to any person except to the department of revenue for the purpose of requesting
4certifications under s. 73.0301.

SB436,178,9 5(3) The department shall deny an application for the issuance or renewal of a
6license, registration or registration certificate specified in sub. (1) or shall revoke a
7license, registration or registration certificate specified in sub. (1), if the department
8of revenue certifies under s. 73.0301 that the applicant or holder of the license,
9registration or registration certificate is liable for delinquent taxes.

SB436, s. 323 10Section 323. 95.72 (2) (c) 5. of the statutes is amended to read:

SB436,178,1211 95.72 (2) (c) 5. A Subject to s. 93.13, a person may renew a license by
12submitting the required license fee and renewal form.

SB436, s. 324 13Section 324. 99.02 (1) of the statutes is amended to read:

SB436,179,214 99.02 (1) Application. Except as provided in sub. (2), no person may operate
15a warehouse, including a cold storage warehouse, for the storage of property as bailee
16for hire without a public warehouse keeper's license. A person desiring a public
17warehouse keeper's license shall apply on a form furnished by the department and
18shall set forth the location, size, character and equipment of the building or premises
19to be used by the applicant, the kinds of goods intended to be stored, the name of each
20partner if a partnership or of each member if a limited liability company, the names
21of the officers if a corporation, and such other facts as the department requires to
22show that the property proposed to be used is suitable for a warehouse and that the
23applicant is qualified as a public warehouse keeper. If Subject to s. 93.13, if the
24property proposed to be used is suitable for a public warehouse and the applicant is

1otherwise qualified, a license shall be issued upon payment of the license fee under
2sub. (3) and the filing of security or insurance as required under s. 99.03.

SB436, s. 325 3Section 325. 101.01 (11) of the statutes is amended to read:

SB436,179,194 101.01 (11) "Place of employment" includes every place, whether indoors or out
5or underground and the premises appurtenant thereto where either temporarily or
6permanently any industry, trade or business is carried on, or where any process or
7operation, directly or indirectly related to any industry, trade or business, is carried
8on, and where any person is, directly or indirectly, employed by another for direct or
9indirect gain or profit, but does not include any place where persons are employed
10in private domestic service which does not involve the use of mechanical power or in
11farming. "Farming" includes those activities specified in s. 102.04 (3), and also
12includes the transportation of farm products, supplies or equipment directly to the
13farm by the operator of said farm or employes for use thereon, if such activities are
14directly or indirectly for the purpose of producing commodities for market, or as an
15accessory to such production. When used with relation to building codes, "place of
16employment" does not include an adult family home, as defined in s. 50.01 (1), or,
17except for the purposes of s. 101.11, a previously constructed building used as a
18community-based residential facility, as defined in s. 50.01 (1g), which serves 20 or
19fewer unrelated residents who are not related to the operator or administrator.

SB436, s. 326 20Section 326. 101.01 (12) of the statutes is amended to read:

SB436,180,321 101.01 (12) "Public building" means any structure, including exterior parts of
22such building, such as a porch, exterior platform or steps providing means of ingress
23or egress, used in whole or in part as a place of resort, assemblage, lodging, trade,
24traffic, occupancy, or use by the public or by 3 or more tenants. When used in relation
25to building codes, "public building" does not include a previously constructed

1building used as a community-based residential facility as defined in s. 50.01 (1g)
2which serves 20 or fewer unrelated residents who are not related to the operator or
3administrator or an adult family home, as defined in s. 50.01 (1)

SB436, s. 327 4Section 327. 101.02 (20) of the statutes is created to read:

SB436,180,105 101.02 (20) (a) For purposes of this subsection, "license" means a license,
6permit or certificate of certification or registration issued by the department under
7ss. 101.09 (3) (c), 101.122 (2) (c), 101.143 (2) (g), 101.15 (2) (e), 101.17, 101.177 (4) (a),
8101.178 (2) or (3) (a), 101.63 (2) or (2m), 101.653, 101.73 (5) or (6), 101.82 (2), 101.87,
9101.95, 145.02 (4), 145.035, 145.045, 145.15, 145.16, 145.165, 145.17, 145.175,
10145.18 or 167.10 (6m).

SB436,180,1811 (b) The department of commerce may not issue or renew a license unless each
12applicant who is an individual provides the department of commerce with his or her
13social security number and each applicant that is not an individual provides the
14department of commerce with its federal employer identification number. The
15department of commerce may not disclose the social security number or the federal
16employer identification number of an applicant for a license or license renewal except
17to the department of revenue for the sole purpose of requesting certifications under
18s. 73.0301.

SB436,180,2119 (c) The department of commerce may not issue or renew a license if the
20department of revenue certifies under s. 73.0301 that the applicant or licensee is
21liable for delinquent taxes.

SB436,180,2322 (d) The department of commerce shall revoke a license if the department of
23revenue certifies under s. 73.0301 that the licensee is liable for delinquent taxes.

SB436, s. 328 24Section 328. 101.127 of the statutes is amended to read:

SB436,181,16

1101.127 Building requirements for certain residential facilities. The
2department, after consultation with the department of health and family services,
3shall develop a building code for previously constructed buildings converted to use
4as community-based residential facilities as defined in s. 50.01 (1g) which serve
5between 9 and 20 unrelated residents who are not related to the operator or
6administrator. In setting standards, the department shall consider the criteria
7enumerated in ss. 46.03 (25) and 50.02 (3) (b), and in addition shall consider the
8relationship of the development and enforcement of the code to any relevant codes
9of the department of health and family services. The objectives of the code shall be
10to guarantee health and safety and to maintain insofar as possible a homelike
11environment. The department shall consult with the residential facilities council in
12developing the code. Notwithstanding s. 101.121, a historic building as defined in
13s. 101.121 (2) (am) which is converted to use as a community-based residential
14facility serving between 9 and 20 unrelated residents who are not related to the
15operator or administrator is governed only by the building code promulgated under
16this section.

SB436, s. 329 17Section 329. 101.13 (title) of the statutes is amended to read:

SB436,181,19 18101.13 (title) Physically disabled persons; place of employment and
19public building requirements.

SB436, s. 330 20Section 330. 101.132 of the statutes is created to read:

SB436,181,22 21101.132 Physically disabled persons; housing requirements. (1)
22Definitions. In this section:

SB436,181,2323 (e) "Disability" has the meaning given in s. 106.04 (1m) (g).

SB436,181,2424 (f) "Dwelling unit" has the meaning given in s. 106.04 (1m) (i).

SB436,181,2525 (g) "Housing" has the meaning given in s. 106.04 (1m) (L).

SB436,182,5

1(2) Discrimination against persons with physical disabilities prohibited. (a)
2Design and construction of covered multifamily housing. In addition to
3discrimination prohibited under s. 106.04 (2), (2m) and (2r) (b) and (bm), no person
4may design or construct covered multifamily housing unless it meets all of the
5following standards:

SB436, s. 331 6Section 331. 101.143 (6s) of the statutes is created to read:

SB436,182,217 101.143 (6s) Arbitration. Upon the request of a person who files an appeal of
8a decision of the department under this section, if the amount at issue is $20,000 or
9less, the appeal shall be heard by one or more individuals designated by the
10department to serve as arbitrator under rules promulgated for this purpose by the
11department. In such an arbitration, the arbitrator shall render a decision at the
12conclusion of the hearing, or within 5 business days after the conclusion of the
13hearing if the arbitrator determines that additional time is needed to review
14materials submitted during the hearing, affirming, modifying or rejecting the
15decision of the department. The arbitrator shall promptly file his or her decision with
16the department. The decision of the arbitrator is final and shall stand as the decision
17of the department. An arbitrator's decision may not be cited as precedent in any
18other proceeding before the department or before any court. A decision under this
19subsection is subject to review under ss. 227.53 to 227.57 only on the ground that the
20decision was procured by corruption, fraud or undue means. The record of a
21proceeding under this subsection shall be transcribed as provided in s. 227.44 (8).

SB436, s. 332 22Section 332. 102.27 (2) (a) of the statutes is amended to read:

SB436,182,2423 102.27 (2) (a) A benefit under this chapter is assignable under s. 46.10 (14) (e),
24301.12 (14) (e), 767.23 (1) (L), 767.25 (4m) (c), 767.265 (1) or 767.51 (3m) (c).

SB436, s. 333 25Section 333. 102.33 (2) (b) 5. of the statutes is created to read:

SB436,183,4

1102.33 (2) (b) 5. The department of revenue requests the record for the purpose
2of locating a person, or the assets of a person, who has failed to file tax returns, who
3has underreported taxable income or who is a delinquent taxpayer; identifying
4fraudulent tax returns; or providing information for tax-related prosecutions.

SB436, s. 334 5Section 334. 106.04 (2r) (a) (intro.) of the statutes is repealed.

SB436, s. 335 6Section 335. 106.04 (2r) (a) 1. of the statutes is renumbered 101.132 (1) (a).

SB436, s. 336 7Section 336. 106.04 (2r) (a) 2. of the statutes is renumbered 101.132 (1) (b).

SB436, s. 337 8Section 337. 106.04 (2r) (a) 3. of the statutes is renumbered 101.132 (1) (c).

SB436, s. 338 9Section 338. 106.04 (2r) (a) 4. of the statutes is renumbered 101.132 (1) (d).

SB436, s. 339 10Section 339. 106.04 (2r) (a) 5. of the statutes is renumbered 101.132 (1) (h) and
11amended to read:

SB436,183,1512 101.132 (1) (h) "Remodeling" "Remodel" means to substantially improve, alter,
13extend or otherwise change the structure of a building or change the location of exits,
14but shall does not include maintenance, redecoration, reroofing or alteration of
15mechanical or electrical systems.

SB436, s. 340 16Section 340. 106.04 (2r) (a) 6. of the statutes is renumbered 101.132 (1) (i).

SB436, s. 341 17Section 341. 106.04 (2r) (c) (intro.) of the statutes is renumbered 106.04 (2r)
18(c) and amended to read:

SB436,184,219 106.04 (2r) (c) Design and construction of covered multifamily housing. In
20addition to discrimination prohibited under pars. (b) and (bm) and subs. (2) and (2m),
21no person may design or construct covered multifamily housing, as defined in s.
22101.132 (1) (d), unless it meets all of the following the standards: specified in s.
23101.132 (2) (a) 1. to 4. In addition, no person may remodel, as defined in s. 101.132
24(1) (h), housing with 3 or more dwelling units unless the remodeled housing meets

1the standards specified in s. 101.132 (2) (a) 1. to 4. as required under s. 101.132 (2)
2(b) 1., 2. or 3., whichever is applicable.

SB436, s. 342 3Section 342. 106.04 (2r) (c) 1. of the statutes is renumbered 101.132 (2) (a) 1.

SB436, s. 343 4Section 343. 106.04 (2r) (c) 2. of the statutes is renumbered 101.132 (2) (a) 2.

SB436, s. 344 5Section 344. 106.04 (2r) (c) 3. of the statutes is renumbered 101.132 (2) (a) 3.

SB436, s. 345 6Section 345. 106.04 (2r) (c) 4. of the statutes is renumbered 101.132 (2) (a) 4.

SB436, s. 346 7Section 346. 106.04 (2r) (d) of the statutes is renumbered 101.132 (2) (b) and
8amended to read:

SB436,184,129 101.132 (2) (b) Remodeling. 1. If more than 50% of the interior square footage
10of any housing with 3 or more dwelling units is to be remodeled, the entire housing
11shall conform to the standards in par. (c) (a), regardless of when the housing was first
12intended for occupancy.

SB436,184,1613 2. If 25% to 50% of the interior square footage of any housing with 3 or more
14dwelling units is to be remodeled, that part of the housing that is to be remodeled
15shall conform to the standards in par. (c) (a), regardless of when the housing was first
16intended for occupancy.

SB436,184,2217 3. If less than 25% of the interior square footage of any housing with 3 or more
18dwelling units is to be remodeled, the remodeling is not subject to the standards in
19par. (c) (a) unless the alteration involves work on doors, entrances, exits or toilet
20rooms, in which case the doors, entrances, exits or toilet rooms shall conform to the
21standards in par. (c) (a) regardless of when the housing was first intended for
22occupancy.

SB436,184,2523 4. The department may grant a variance or waiver from the requirements
24under this paragraph relating to exterior accessibility using the standards and
25procedures under par. (e) (c).

SB436, s. 347

1Section 347. 106.04 (2r) (e) of the statutes is renumbered 101.132 (2) (c) and
2amended to read:

SB436,185,103 101.132 (2) (c) Permit and variance procedures. 1. Plans and specifications for
4all covered multifamily housing subject to par. (c) (a) and proposed remodeling
5subject to par. (d) (b) shall be submitted to the department or its authorized
6representative for examination and approval before commencing work. The
7department shall promulgate rules that specify the materials to be included in the
8submittal, the procedures to be followed upon receipt of a submittal, reasonable time
9limitations for reviewing submittals and issuing or denying permits and
10qualifications for authorized representatives.

SB436,185,2311 2. The department may grant a variance from the requirements relating to
12exterior accessibility under par. (c) (a) 1. or (d) (b), or from administrative rules
13promulgated under sub. (1s) par. (e) 2. or 3., if the person designing, constructing or
14remodeling the housing shows that meeting those requirements is impractical
15because of the terrain or unusual characteristics of the site. The department shall
16use a slope analysis of the undisturbed site for covered multifamily housing under
17par. (c) (a) or the existing site for remodeling under par. (d) (b) to determine the
18minimum number of accessible entrances at each site, with a minimum goal of
19exterior accessibility of 50% of the dwelling units of covered multifamily housing at
20one site. The department may impose specific conditions in granting a variance to
21promote exterior accessibility of the housing to persons with disabilities. If the
22department finds that exterior accessibility is impractical as to all dwelling units at
23a site, it may grant a waiver from the requirements under par. (c) (a) 1. or (d) (b).

SB436, s. 348 24Section 348. 106.04 (2r) (f) (title) and 1. of the statutes are renumbered
25101.132 (2) (d) (title) and 1.

SB436, s. 349

1Section 349. 106.04 (2r) (f) 2. of the statutes is renumbered 101.132 (2) (d) 2.
2and amended to read:

SB436,186,73 101.132 (2) (d) 2. Subdivision 1. does not apply to remodeled or covered
4multifamily housing for which a building permit is issued on or after the first day of
5the 7th month beginning after the effective date of administrative rules promulgated
6by the department under this subsection establishing the accessibility standards for
7design and construction under par. (c) January 1, 1995.

SB436, s. 350 8Section 350. 106.04 (2r) (g) (title) and 1. of the statutes are renumbered
9101.132 (2) (e) (title) and 1.

SB436, s. 351 10Section 351. 106.04 (2r) (g) 2. of the statutes is renumbered 101.132 (2) (e) 2.
11and amended to read:

SB436,186,1612 101.132 (2) (e) 2. The department shall promulgate rules establishing
13minimum accessibility requirements for the design and construction of covered
14multifamily housing and the remodeling of housing that are consistent with this
15subsection, that incorporate the applicable standards under ANSI A117.1 and that
16set forth permit and variance procedures for purposes of par. (e) (c).

SB436, s. 352 17Section 352. 106.04 (2r) (g) 3. of the statutes is renumbered 101.132 (2) (e) 3.

SB436, s. 353 18Section 353. 106.04 (6) (a) 3. of the statutes is amended to read: