SB21: Bill Text

SB21,1072,2 101.149 (5) (c) All of the fuel-burning appliances in the residential building have sealed combustion units that are inspected as provided in the rules promulgated by the department under sub. (6) (b) or in the rules promulgated by the department of health services under s. 254.74 97.625 (1) (am).

SB21,2708 Section 2708. 101.149 (6) (b) of the statutes is amended to read:

SB21,1072,14 101.149 (6) (b) The department shall promulgate rules, in consultation with the department of health services, under which the department of safety and professional services shall authorize certified heating, ventilating, and air conditioning inspectors to conduct regular inspections of sealed combustion units, as required under sub. (5) (c), for carbon monoxide emissions in residential buildings other than hotels, tourist rooming houses, and bed and breakfast establishments. The rules shall specify conditions under which it may issue orders as specified under sub. (8) (a). The rules may not require the department of safety and professional services to authorize inspection of sealed combustion units during the period in which the sealed combustion units are covered by a manufacturer's warranty against defects.

SB21,2709 Section 2709 . 101.149 (8) (a) of the statutes is amended to read:

SB21,1072,24 101.149 (8) (a) If the department of safety and professional services or the department of health services determines after an inspection of a building under this section or s. 254.74 (1g) that the owner of the building has violated sub. (2) or (3), the respective department shall issue an order requiring the person to correct the violation within 5 days or within such shorter period as the respective department determines is necessary to protect public health and safety. If the person does not correct the violation within the time required, he or she shall forfeit $50 for each day of violation occurring after the date on which the respective department finds that the violation was not corrected.

SB21,2710 Section 2710 . 101.149 (8) (a) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

SB21,1073,11 101.149 (8) (a) If the department or the department of health services agriculture, trade and consumer protection determines after an inspection of a building under this section or s. 254.74 97.625 (1g) that the owner of the building has violated sub. (2) or (3), the respective department shall issue an order requiring the person to correct the violation within 5 days or within such shorter period as the respective department determines is necessary to protect public health and safety. If the person does not correct the violation within the time required, he or she shall forfeit $50 for each day of violation occurring after the date on which the respective department finds that the violation was not corrected.

SB21,2711 Section 2711. 101.31 of the statutes is repealed.

SB21,2712 Section 2712. 101.573 (3) (a) of the statutes is amended to read:

SB21,1073,21 101.573 (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 secretary of administration the proper amount to be paid from the appropriation under s. 20.165 (2) 20.142 (4) (L) to each city, village, or town entitled to fire department dues under s. 101.575. Annually, on or before August 1, the secretary of administration shall pay the amounts certified by the department to the cities, villages and towns eligible under s. 101.575.

SB21,2713 Section 2713. 101.573 (5) of the statutes is amended to read:

SB21,1073,24 101.573 (5) The department shall promulgate a rule defining "administrative expenses" for purposes of s. 20.165 (2) 20.142 (4) (La).

SB21,2714 Section 2714. 101.63 (1) (intro.) of the statutes is amended to read:

SB21,1074,10 101.63 (1) (intro.) Adopt rules which establish standards for the construction and inspection of one- and 2-family dwellings and components thereof. Where feasible, the standards used shall be those nationally recognized and shall apply to the dwelling and to its electrical, heating, ventilating, air conditioning and other systems, including plumbing, as defined in s. 145.01 (10). No set of rules may be adopted which has not taken into account the conservation of energy in construction and maintenance of dwellings and the costs of specific code provisions to home buyers in relationship to the benefits derived from the provisions. Rules promulgated under this subsection do not apply to a bed and breakfast establishment, as defined under s. 254.61 (1) 97.01 (1g), except that the rules apply to all of the following:

SB21,2715 Section 2715. 101.647 (1) (am) of the statutes is amended to read:

SB21,1074,13 101.647 (1) (am) Notwithstanding s. 101.61 (1), "dwelling" does not include a tourist rooming house, as defined in s. 254.61 (6) 97.01 (15k).

SB21,2716 Section 2716. 101.654 (1m) (e) of the statutes is amended to read:

SB21,1074,18 101.654 (1m) (e) The continuing education approved by the department under par. (b) 1. shall include courses offered by private organizations with whom the department contracts under s. 101.657. The department may approve continuing education courses that are offered by other states.

SB21,2717 Section 2717. 101.657 of the statutes is repealed.

SB21,2718 Section 2718. 101.66 (1m) (bn) of the statutes is amended to read:

SB21,1075,2 101.66 (1m) (bn) A person may not provide a written certification under par. (b) unless the person has been issued a certificate of accomplishment evidencing certification or recertification under the a lumber grading training program under s. 36.25 (48) specified by the department and the person has received the certificate within the 5 years before providing the written certification. The person shall attach to the written certification a copy of his or her certificate of accomplishment.

SB21,2719 Section 2719 . 101.935 (2) (e) of the statutes is amended to read:

SB21,1075,6 101.935 (2) (e) Section 254.69 (2), as it applies to an agent for the department of health services in the administration of s. 254.47, applies to an agent for the department of safety and professional services in the administration of this section.

SB21,2720 Section 2720 . 101.935 (2) (e) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

SB21,1075,12 101.935 (2) (e) Section 254.69 (2) 97.615 (2), as it applies to an agent for the department of health services agriculture, trade and consumer protection in the administration of s. 254.47 97.67, applies to an agent for the department in the administration of this section.

SB21,2721 Section 2721. 101.951 (7) (a) of the statutes is amended to read:

SB21,1075,21 101.951 (7) (a) The department of safety and professional services may, without notice, deny the application for a license within 60 days after receipt thereof by written notice to the applicant, stating the grounds for the denial. Within 30 days after such notice, the applicant may petition the department of administration to conduct a hearing to review the denial, and a hearing shall be scheduled with reasonable promptness. The division of hearings and appeals shall conduct the hearing. This paragraph does not apply to denials of applications for licenses under s. 101.02 (21).

SB21,2722 Section 2722. 101.951 (7) (b) of the statutes is amended to read:

SB21,1076,10 101.951 (7) (b) No license may be suspended or revoked except after a hearing thereon. The department of safety and professional services shall give the licensee at least 5 days' notice of the time and place of the hearing. The order suspending or revoking such license shall not be effective until after 10 days' written notice thereof to the licensee, after such hearing has been had; except that the department of safety and professional services, when in its opinion the best interest of the public or the trade demands it, may suspend a license upon not less than 24 hours' notice of hearing and with not less than 24 hours' notice of the suspension of the license. Matters involving suspensions and revocations brought before the department of safety and professional services shall be heard and decided upon by the department of administration. The division of hearings and appeals shall conduct the hearing. This paragraph does not apply to licenses that are suspended or revoked under s. 101.02 (21).

SB21,2723 Section 2723. 101.951 (7) (c) of the statutes is amended to read:

SB21,1076,16 101.951 (7) (c) The department of safety and professional services may inspect the pertinent books, records, letters and contracts of a licensee. The actual cost of each such examination shall be paid by such licensee so examined within 30 days after demand therefor by the department, and the department may maintain an action for the recovery of such costs in any court of competent jurisdiction.

SB21,2724 Section 2724. 101.953 (1) (a) of the statutes is amended to read:

SB21,1076,21 101.953 (1) (a) A statement that the manufactured home meets those standards prescribed by law or administrative rule of the department of administration or of the department of safety and professional services that are in effect at the time of the manufacture of the manufactured home.

SB21,2725 Section 2725. 101.973 (8) of the statutes is amended to read:

SB21,1076,24 101.973 (8) Deposit the moneys received from the fees under sub. (7) in the appropriation under s. 20.165 (2) 20.142 (4) (j).

SB21,2726 Section 2726. 101.977 (2) (bn) of the statutes is amended to read:

SB21,1077,6 101.977 (2) (bn) A person may not provide a written certification under par. (b) unless the person has been issued a certificate of accomplishment evidencing certification or recertification under the a lumber grading training program under s. 36.25 (48) specified by the department and the person has received the certificate within the 5 years before providing the written certification. The person shall attach to the written certification a copy of his or her certificate of accomplishment.

SB21,2727 Section 2727. 102.01 (2) (a) of the statutes is renumbered 102.01 (2) (af).

SB21,2728 Section 2728. 102.01 (2) (ad) of the statutes is created to read:

SB21,1077,10 102.01 (2) (ad) "Administrator" means the administrator of the division of hearings and appeals in the department of administration.

SB21,2729 Section 2729. 102.01 (2) (ag) of the statutes is amended to read:

SB21,1077,13 102.01 (2) (ag) "Commissioner" means a member of the commission the commissioner of insurance.

SB21,2730 Section 2730. 102.01 (2) (ap) of the statutes is repealed.

SB21,2731 Section 2731. 102.01 (2) (ar) of the statutes is created to read:

SB21,1077,17 102.01 (2) (ar) "Division" means the division of hearings and appeals in the department of administration.

SB21,2732 Section 2732. 102.01 (2) (bm) of the statutes is amended to read:

SB21,1077,23 102.01 (2) (bm) "General order" means such order as an order that applies generally throughout the state to all persons, employments, places of employment, or public buildings, or to all persons, employments or, places of employment, or public buildings of a class under the jurisdiction of the department office. All other orders of the department office shall be considered special orders.

SB21,2733 Section 2733. 102.01 (2) (d) of the statutes is amended to read:

SB21,1078,3 102.01 (2) (d) "Municipality" includes a county, city, town, village, school district, sewer district, drainage district and long-term care district and other public or quasi-public corporations.

SB21,2734 Section 2734. 102.01 (2) (dg) of the statutes is created to read:

SB21,1078,5 102.01 (2) (dg) "Office" means the office of the commissioner.

SB21,2735 Section 2735. 102.01 (2) (dm) of the statutes is amended to read:

SB21,1078,9 102.01 (2) (dm) "Order" means any decision, rule, regulation, direction, requirement, or standard of the department office, or any other determination arrived at or decision made by the department office.

SB21,2736 Section 2736. 102.01 (2) (em) of the statutes is repealed.

SB21,2737 Section 2737. 102.04 (1) (a) of the statutes is amended to read:

SB21,1078,14 102.04 (1) (a) The state, each county, city, town, village, school district, sewer district, drainage district, long-term care district and other public or quasi-public corporations therein.

SB21,2738 Section 2738. 102.05 (1) of the statutes is amended to read:

SB21,1079,2 102.05 (1) An employer who has had no employee at any time within a continuous period of 2 years shall be deemed considered to have effected withdrawal, which shall be effective on the last day of such that period. An employer who has not usually employed 3 employees and who has not paid wages of at least $500 for employment in this state in every calendar quarter in a calendar year may file a withdrawal notice with the department office, which withdrawal shall take effect 30 days after the date of such that filing or at such later date as is specified in the notice. If an employer who is subject to this chapter only because the employer elected to become subject to this chapter under sub. (2) cancels or terminates his or her contract for the insurance of compensation under this chapter, that employer is deemed considered to have effected withdrawal, which shall be effective on the day after the contract is canceled or terminated.

SB21,2739 Section 2739. 102.05 (3) of the statutes is amended to read:

SB21,1079,13 102.05 (3) Any If a person engaged in farming who has become subject to this chapter has not employed 6 or more employees, as defined in s. 102.07 (5), on 20 or more days during the current or previous calendar year, the person may withdraw by filing with the department office a notice of withdrawal, if the person has not employed 6 or more employees as defined by s. 102.07 (5) on 20 or more days during the current or previous calendar year. Such which withdrawal shall be effective take effect 30 days after the date of receipt of the notice by the department, office or at such later date as is specified in the notice. Such A person who withdraws under this subsection may again become subject to this chapter as provided by in s. 102.04 (1) (c) and (e).

SB21,2740 Section 2740. 102.06 of the statutes is amended to read:

SB21,1080,8 102.06 Joint liability of employer and contractor. An employer shall be liable for compensation to an employee of a contractor or subcontractor under the employer who is not subject to this chapter, or who has not complied with the conditions of s. 102.28 (2) in any case where such in which the employer would have been liable for compensation if such the employee had been working directly for the employer, including also work in the erection, alteration, repair, or demolition of improvements or of fixtures upon premises of such the employer which that are used or to be used in the operations of such the employer. The contractor or subcontractor, if subject to this chapter, shall also be liable for such that compensation, but the employee shall not recover compensation for the same injury from more than one party. The An employer who becomes liable for and who pays such that compensation may recover the same amount of compensation paid from such that contractor, or subcontractor, or from any other employer for whom the employee was working at the time of the injury, if such that contractor, subcontractor, or other employer was an employer, as defined in s. 102.04. This section does not apply to injuries occurring on or after the first day of the first July beginning after the day that on which the secretary commissioner files the certificate under s. 102.80 (3) (a), except that if the secretary commissioner files the certificate under s. 102.80 (3) (ag) this section does apply to claims for compensation filed on or after the date specified in that certificate.

SB21,2741 Section 2741. 102.07 (1) (a) of the statutes is amended to read:

SB21,1080,20 102.07 (1) (a) Every person, including all officials , in the service of the state, or of any municipality therein in this state, whether elected or under any appointment, or contract of hire, express or implied, and whether a resident of this state or employed or injured within or without the state. The state and or any municipality may require a bond from a contractor to protect the state or municipality against compensation to employees of such the contractor or employees of a subcontractor under the contractor. This paragraph does not apply beginning on the first day of the first July beginning after the day that on which the secretary commissioner files the certificate under s. 102.80 (3) (a), except that if the secretary commissioner files the certificate under s. 102.80 (3) (ag) this paragraph does apply to claims for compensation filed on or after the date specified in that certificate.

SB21,2742 Section 2742. 102.07 (1) (b) of the statutes is amended to read:

SB21,1081,4 102.07 (1) (b) Every person, including all officials , in the service of the state, or of any municipality therein in this state, whether elected or under any appointment, or contract of hire, express or implied, and whether a resident of this state or employed or injured within or without the state. This paragraph first applies on the first day of the first July beginning after the day that on which the secretary commissioner files the certificate under s. 102.80 (3) (a), except that if the secretary commissioner files the certificate under s. 102.80 (3) (ag) this paragraph does apply to claims for compensation filed on or after the date specified in that certificate.

SB21,2743 Section 2743. 102.07 (7) (b) of the statutes is amended to read:

SB21,1081,11 102.07 (7) (b) The department office may issue an order under s. 102.31 (1) (b) permitting the county within which a volunteer fire company or fire department organized under ch. 213, a legally organized rescue squad, an ambulance service provider, as defined in s. 256.01 (3), or a legally organized diving team is organized to assume full liability for the compensation provided under this chapter of all volunteer members of that company, department, squad, provider or team.

SB21,2744 Section 2744. 102.07 (8) (c) of the statutes is amended to read:

SB21,1081,16 102.07 (8) (c) The department office may not admit in evidence any state or federal laws, regulations, documents law, regulation, or document granting operating authority, or licenses license when determining whether an independent contractor meets the conditions specified in par. (b) 1. or 3.

SB21,2745 Section 2745. 102.07 (11) of the statutes is amended to read:

SB21,1082,2 102.07 (11) The department office may by rule prescribe classes of volunteer workers who may, at the election of the person for whom the service is being performed, be deemed considered to be employees for the purposes of this chapter. Election shall be by endorsement upon the that person's worker's compensation insurance policy with written notice to the department office. In the case of an employer that is exempt from insuring liability, election shall be by written notice to the department office. The department office shall by rule prescribe the means and manner in which notice of election by the employer is to be provided to the volunteer workers.

SB21,2746 Section 2746. 102.07 (12m) of the statutes is renumbered 102.07 (12m) (b) and amended to read:

SB21,1082,13 102.07 (12m) (b) A student of a public school, as described in s. 115.01 (1), or a private school, as defined in s. 115.001 (3r), or an institution of higher education, while he or she is engaged in performing services as part of a school work training, work experience, or work study program, and who is not on the payroll of an employer that is providing the work training or work experience or who is not otherwise receiving compensation on which a worker's compensation carrier could assess premiums on that employer, is an employee of a school district or, private school, or institution of higher education that elects under s. 102.077 to name the student as its employee.

SB21,2747 Section 2747. 102.07 (12m) (a) of the statutes is created to read:

SB21,1082,15 102.07 (12m) (a) In this subsection:

SB21,1082,20 1. "Institution of higher education" means an institution within the University of Wisconsin System, a technical college, a tribally controlled college controlled by an Indian tribe that has elected under s. 102.05 (2) to become subject to this chapter, a school approved under s. 38.50, or a private, nonprofit institution of higher education located in this state.

SB21,1082,21 2. "Private school" has the meaning given in s. 115.001 (3r).

SB21,1082,22 3. "Public school" means a school described in s. 115.01 (1).

SB21,2748 Section 2748. 102.076 (2) of the statutes is amended to read:

SB21,1083,5 102.076 (2) If a corporation has not more than 10 stockholders, not more than 2 officers, and no other employees and is not otherwise required under this chapter to have a policy of worker's compensation insurance, an officer of that corporation who elects not to be subject to this chapter shall file a notice of that election with the department office on a form approved by the department office. The election is effective until the officer rescinds it the election by notifying the department office in writing.

SB21,2749 Section 2749. 102.077 (1) of the statutes is amended to read:

SB21,1083,18 102.077 (1) A school district or a , private school, as defined in s. 115.001 (3r), or institution of higher education may elect to name as its employee for purposes of this chapter a student described in s. 102.07 (12m) (b) by an endorsement on its policy of worker's compensation insurance or, if the school district or, private school, or institution of higher education is exempt from the duty to insure under s. 102.28 (2) (a), by filing a declaration with the department in the manner provided in s. 102.31 (2) (a) naming the student as an employee of the school district or, private school, or institution of higher education for purposes of this chapter. A declaration under this subsection shall list the name of the student to be covered under this chapter, the name and address of the employer that is providing the work training or work experience for that student, and the title, if any, of the work training, work experience, or work study program in which the student is participating.

SB21,2750 Section 2750 . 102.077 (1) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

SB21,1084,7 102.077 (1) A school district, private school, or institution of higher education may elect to name as its employee for purposes of this chapter a student described in s. 102.07 (12m) (b) by an endorsement on its policy of worker's compensation insurance or, if the school district, private school, or institution of higher education is exempt from the duty to insure under s. 102.28 (2) (a), by filing a declaration with the department office in the manner provided in s. 102.31 (2) (a) naming the student as an employee of the school district, private school, or institution of higher education for purposes of this chapter. A declaration under this subsection shall list the name of the student to be covered under this chapter, the name and address of the employer that is providing the work training or work experience for that student, and the title, if any, of the work training, work experience, or work study program in which the student is participating.

SB21,2751 Section 2751. 102.077 (2) of the statutes is amended to read: