AB64: Bill Text

AB64,626,12 101.02 (24) (a) 2. “License" means a license, permit, or certificate of certification or registration issued by the department for an occupation or profession under s. 101.122 (2) (c), 101.15 (2) (e), 101.16 (3g), 101.17, 101.178 (2) or (3) (a), 101.63 (2) or (2m), 101.653, 101.654, 101.73 (5) or (6), 101.82 (1m), (1v), and (2), 101.935, 101.95, 101.951, 101.952, 101.985 (1) to (3), 145.02 (4), 145.035, 145.045, 145.15, 145.16, 145.165, 145.17, 145.175, 145.18, or 167.10 (6m) or under rules promulgated under ch. 101 or 145.

AB64,1309 Section 1309. 101.02 (25) of the statutes is created to read:

AB64,626,17 101.02 (25) (a) In this subsection, “occupational license” means a license, permit, certificate, registration, or other approval issued by the department under this chapter or ch. 145 or s. 167.10 (6m), or under rules promulgated under this chapter or ch. 145 or s. 167.10 (6m), for an occupation, trade, or profession.

AB64,626,24 (b) The department may, in addition to or in lieu of any disciplinary action with respect to an occupational license, assess a forfeiture of not more than $1,000 for each separate offense against a person who holds the occupational license and who violates any provision of this chapter or ch. 145 or s. 167.10 (6m), or any rule promulgated under this chapter or ch. 145 or s. 167.10 (6m), related to the occupational license if the violation presents a serious risk to public health or public safety. Each day of continued violation constitutes a separate offense.

AB64,627,2 (c) The department shall promulgate rules specifying the procedures governing the assessment of forfeitures under par. (b).

AB64,627,4 (d) The department shall remit all forfeitures paid under par. (b) to the secretary of administration for deposit in the school fund.

AB64,1310 Section 1310. 101.122 of the statutes is repealed.

AB64,1311 Section 1311. 101.19 (1g) (i) of the statutes is repealed.

AB64,1312 Section 1312. 101.19 (1r) of the statutes is amended to read:

AB64,627,14 101.19 (1r) Notwithstanding subs. (1g) and (1m), the department shall waive any fee imposed on an individual who is eligible for the veterans fee waiver program under s. 45.44 for a license, permit, or certificate of certification or registration issued by the department under s. 101.122 (2) (c), 101.15 (2) (e), 101.16 (3g), 101.17, 101.178 (2) or (3) (a), 101.63 (2) or (2m), 101.653, 101.73 (5) or (6), 101.82 (1m), (1v), and (2), 101.935, 101.95, 101.951, 101.952, 101.985 (1) to (3), 145.02 (4), 145.035, 145.045, 145.07 (12), 145.15, 145.16, 145.165, 145.17, 145.175, 145.18, or 167.10 (6m).

AB64,1313 Section 1313. 101.596 (title) of the statutes is repealed and recreated to read:

AB64,627,16 101.596 (title) Review of building inspectors.

AB64,1314 Section 1314. 101.596 (1) (a) of the statutes is repealed.

AB64,1315 Section 1315. 101.596 (2) (a) of the statutes is amended to read:

AB64,627,21 101.596 (2) (a) The review board uniform dwelling code council shall review complaints received from permittees concerning possible incompetent, negligent, or unethical conduct by building inspectors.

AB64,1316 Section 1316. 101.596 (2) (b) of the statutes is amended to read:

AB64,628,2 101.596 (2) (b) After reviewing a complaint received under par. (a), the review board uniform dwelling code council may revoke the certification of a building inspector if the board uniform dwelling code council determines that the building inspector has engaged in incompetent, negligent, or unethical conduct.

AB64,1317 Section 1317. 101.596 (2) (c) of the statutes is amended to read:

AB64,628,6 101.596 (2) (c) The review board uniform dwelling code council may modify or reverse decisions made by building inspectors if the board uniform dwelling code council finds that the decision by the building inspector was made in error.

AB64,1318 Section 1318. 101.596 (3) of the statutes is repealed.

AB64,1319 Section 1319 . 101.596 (4) of the statutes is created to read:

AB64,628,11 101.596 (4) Rules. The department, in consultation with the uniform dwelling code council, may promulgate any rules necessary for the administration of this section.

AB64,1320 Section 1320 . 101.62 (title) of the statutes is amended to read:

AB64,628,13 101.62 (title) Uniform dwelling code council; power duties.

AB64,1321 Section 1321 . 101.625 (intro.) of the statutes is repealed.

AB64,1322 Section 1322 . 101.625 (1) of the statutes is renumbered 101.62 (5) and amended to read:

AB64,628,24 101.62 (5) Recommend The uniform dwelling code council shall recommend for promulgation by the department rules for certifying the financial responsibility of contractors under s. 101.654. These Those rules shall include rules providing for the assessment of fees upon applicants for certification of financial responsibility under s. 101.654 and for the suspension and revocation of that certification. The amount of the fees recommended under this subsection may not exceed an amount that is sufficient to defray the costs incurred in certifying the financial responsibility of applicants under s. 101.654.

AB64,1323 Section 1323. 101.625 (2) of the statutes is renumbered 101.62 (6) and amended to read:

AB64,629,5 101.62 (6) Recommend The uniform dwelling code council shall recommend to the department for approval under s. 101.654 (1m) (b) 1. courses that meet continuing education requirements.

AB64,1324 Section 1324 . 101.625 (3) of the statutes is renumbered 101.62 (7) and amended to read:

AB64,629,10 101.62 (7) Advise The uniform dwelling code council shall advise the department on the development of course examinations for those persons who are required to pass an examination under s. 101.654 (1m) (b).

AB64,1325 Section 1325. 101.64 (3) of the statutes is amended to read:

AB64,629,14 101.64 (3) Revise the rules under this subchapter after consultation with the uniform dwelling code council or with the contractor certification council, as appropriate.

AB64,1326 Section 1326. 101.87 (1) (a) of the statutes is amended to read:

AB64,629,20 101.87 (1) (a) Completion of a construction electrician apprenticeship program in installing, repairing, and maintaining electrical wiring that has a duration of at least 3 years and that is approved by the U.S. department of labor or by the department of workforce development, followed by passage of an examination required by the department.

AB64,1327 Section 1327. 101.87 (3m) of the statutes is amended to read:

AB64,630,4 101.87 (3m) Subsection (1) does not apply to any residential or industrial journeyman electricians or to any other type of journeyman electrician that may be recognized under s. 101.84 (5). The qualifying criteria required for licensing residential and industrial journeyman electricians and any other such type of journeyman electrician shall be established by the department by rule, except that the department may not require an applicant for a license to pass an examination if the applicant has successfully completed an apprenticeship program specified in sub. (1) (a).

AB64,1328 Section 1328 . 101.933 of the statutes is amended to read:

AB64,630,17 101.933 Manufactured housing Uniform dwelling code council duties. The manufactured housing uniform dwelling code council shall review this subchapter and rules promulgated under this subchapter and recommend a statewide manufactured housing code for promulgation by the department. The uniform dwelling code council shall consider and make recommendations to the department pertaining to rules and any other matter related to this subchapter, including recommendations with regard to licensure and professional discipline of manufacturers of manufactured homes, manufactured home dealers, manufactured home salespersons, and installers, and with regard to consumer protection applicable to consumers of manufactured homes. In making recommendations, the uniform dwelling code council shall consider the likely costs of any proposed rules to consumers in relation to the benefits that are likely to result therefrom.

AB64,1329 Section 1329 . 101.96 (1) (a) of the statutes is amended to read:

AB64,630,23 101.96 (1) (a) Promulgation of standards. The department shall, by rule, establish installation standards for the safe installation of manufactured homes in this state. In promulgating rules under this paragraph, the department shall consider the recommendations of the manufactured housing uniform dwelling code council under s. 101.933.

AB64,1330 Section 1330 . 102.01 (2) (af) of the statutes is repealed.

AB64,1331 Section 1331 . 102.01 (2) (ag) of the statutes is repealed.

AB64,1332 Section 1332. 102.07 (12m) (a) 1. of the statutes is amended to read:

AB64,631,6 102.07 (12m) (a) 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. 38.50 440.52, or a private, nonprofit institution of higher education located in this state.

AB64,1333 Section 1333 . 102.15 (1) of the statutes is amended to read:

AB64,631,11 102.15 (1) Subject to this chapter, the division may adopt its own promulgate rules of procedure and may change the same from time to time as necessary for the division and the administrator to perform their duties and functions under this chapter.

AB64,1334 Section 1334 . 102.15 (3) of the statutes is amended to read:

AB64,631,16 102.15 (3) All testimony at any hearing held under this chapter shall be taken down by a stenographic reporter, except that in case of an emergency, as determined by the examiner conducting the hearing, testimony may be or recorded by a recording machine.

AB64,1335 Section 1335 . 102.18 (3) of the statutes is amended to read:

AB64,632,10 102.18 (3) A party in interest may petition the commission administrator for review of an examiner's decision awarding or denying compensation if the department, the division, or the commission receives the petition within 21 days after the department or the division mailed a copy of the examiner's findings and order is mailed to the last-known addresses of the parties in interest. The commission administrator shall dismiss a petition that is not filed within those 21 days unless the petitioner shows that the petition was filed late for a reason that was beyond the petitioner's control. If no petition is filed within those 21 days, the findings or order shall be considered final unless set aside, reversed, or modified by the examiner within that time. If the findings or order are set aside by the examiner, the status shall be the same as prior to the setting aside of the findings or order that was set aside. If the findings or order are reversed or modified by the examiner, the time for filing a petition commences on the date on which notice of the reversal or modification is mailed to the last-known addresses of the parties in interest. The commission administrator shall either affirm, reverse remand, set aside, or modify the findings or order, in whole or in part, or direct the taking of additional evidence. The commission's administrator's action shall be based on a review of the evidence submitted.

AB64,1336 Section 1336 . 102.18 (4) (b) of the statutes is amended to read:

AB64,632,14 102.18 (4) (b) Within 28 days after the date of a decision of the commission administrator, the commission administrator may, on its own motion, set aside the decision for further consideration.

AB64,1337 Section 1337 . 102.18 (4) (c) (intro.) of the statutes is amended to read:

AB64,632,20 102.18 (4) (c) (intro.) On its own motion, for reasons it deems sufficient, the commission administrator may set aside any final order or award of the commission administrator or examiner within one year after the date of the order or award, upon grounds of mistake or newly discovered evidence, and may, after further consideration, do any of the following:

AB64,1338 Section 1338 . 102.18 (4) (d) of the statutes is amended to read:

AB64,633,4 102.18 (4) (d) While a petition for review by the commission administrator is pending or after entry of an order or award by the commission administrator but before commencement of an action for judicial review or expiration of the period in which to commence an action for judicial review, the commission administrator shall remand any compromise presented to it to the department or the division for consideration and approval or rejection under s. 102.16 (1). Presentation of a compromise does not affect the period in which to commence an action for judicial review.

AB64,1339 Section 1339 . 102.22 (2) of the statutes is amended to read:

AB64,633,13 102.22 (2) If any sum that the department or the division orders to be paid is not paid when due, that sum shall bear interest at the rate of 10 percent per year. The state is liable for interest on awards issued against it under this chapter. The department or the division has jurisdiction to issue an award for payment of interest under this subsection at any time within one year after the date of its order or, if the order is appealed, within one year after final court determination. Interest awarded under this subsection becomes due from the date the examiner's order becomes final or from the date of a decision by the commission administrator, whichever is later.

AB64,1340 Section 1340 . 102.22 (3) of the statutes is amended to read:

AB64,633,23 102.22 (3) If upon petition for review the commission administrator affirms an examiner's order, interest at the rate of 7 percent per year on the amount ordered by the examiner shall be due for the period beginning on the 21st day after the date of the examiner's order and ending on the date paid under the commission's administrator's decision. If upon petition for judicial review under s. 102.23 the court affirms the commission's administrator's decision, interest at the rate of 7 percent per year on the amount ordered by the examiner shall be due up to the date of the commission's administrator's decision, and thereafter interest shall be computed under sub. (2).

AB64,1341 Section 1341 . 102.23 (1) (a) 1. of the statutes is amended to read:

AB64,634,7 102.23 (1) (a) 1. The findings of fact made by the commission an examiner acting within its his or her powers shall, in the absence of fraud, be conclusive. The An order or award of the administrator granting or denying compensation, either interlocutory or final, whether judgment has been rendered on the order or award or not, is subject to review only as provided in this section and not under ch. 227 or s. 801.02. The commission administrator shall identify in the order or award the persons that must be made parties to an action for review of the order or award.

AB64,1342 Section 1342 . 102.23 (1) (a) 2. of the statutes is amended to read:

AB64,634,21 102.23 (1) (a) 2. Within 30 days after the date of an order or award made by the commission administrator, any party aggrieved by the order or award may commence an action in circuit court for review of the order or award by serving a complaint as provided in par. (b) and filing the summons and complaint with the clerk of the circuit court. The summons and complaint shall name the party commencing the action as the plaintiff and shall name as defendants the commission division and all persons identified by the commission administrator under subd. 1. If the circuit court determines that any other person is necessary for the proper resolution of the action, the circuit court may join that person as a party to the action, unless joinder of the person would unduly delay the resolution of the action. If the circuit court is satisfied that a party in interest has been prejudiced because of an exceptional delay in the receipt of a copy of any finding or order, the circuit court may extend the time within which an action may be commenced by an additional 30 days.

AB64,1343 Section 1343 . 102.23 (1) (b) of the statutes is amended to read:

AB64,635,4 102.23 (1) (b) In such an action a complaint shall be served with an authenticated copy of the summons. The complaint need not be verified, but shall state the grounds upon which a review is sought. Service upon a commissioner the division or agent authorized by the commission division to accept service constitutes complete service on all parties, but there shall be left with the person so served as many copies of the summons and complaint as there are defendants, and the commission division shall mail one copy to each other defendant.

AB64,1344 Section 1344 . 102.23 (1) (c) of the statutes is amended to read:

AB64,635,12 102.23 (1) (c) The commission division shall serve its answer to the complaint within 20 days after the service of the complaint. Except as provided in par. (cm), any other defendant may serve an answer to the complaint within 20 days after the service of the complaint, which answer may, by way of counterclaim or cross complaint, ask for the review of the order or award referred to in the complaint, with the same effect as if the defendant had commenced a separate action for the review of the order or award.

AB64,1345 Section 1345 . 102.23 (1) (d) of the statutes is amended to read:

AB64,635,22 102.23 (1) (d) The commission division shall make return to the court of all documents and papers on file in the matter, all testimony that has been taken, and the commission's administrator's order, findings, and award. Such return of the commission division when filed in the office of the clerk of the circuit court shall, together with the papers specified in s. 809.15, constitute a judgment roll in the action; and it shall not be necessary to have a transcript approved. The action may thereupon be brought on for hearing before the court upon the record by any party on 10 days' notice to the other; subject, however, to the provisions of law for a change of the place of trial or the calling in substitution of another judge.

AB64,1346 Section 1346 . 102.23 (1) (e) 1. of the statutes is amended to read:

AB64,635,25 102.23 (1) (e) 1. That the commission administrator or the examiner acted without or in excess of its his or her powers.

AB64,1347 Section 1347. 102.23 (1) (e) 3. of the statutes is amended to read:

AB64,636,3 102.23 (1) (e) 3. That the findings of fact by the commission examiner do not support the order or award.

AB64,1348 Section 1348 . 102.23 (2) of the statutes is amended to read:

AB64,636,8 102.23 (2) Upon the trial of an action for review of an order or award the The court shall disregard any irregularity or error of the commission administrator, the department, or the division unless it is made to affirmatively appear that the plaintiff was damaged by that irregularity or error.

AB64,1349 Section 1349 . 102.23 (5) of the statutes is amended to read:

AB64,636,14 102.23 (5) When an action for review involves only the question of liability as between the employer and one or more insurance companies or as between several insurance companies, a party that has been ordered by the department, the division, the commission administrator, or a court to pay compensation is not relieved from paying compensation as ordered.

AB64,1350 Section 1350 . 102.23 (6) of the statutes is amended to read:

AB64,636,22 102.23 (6) If the commission's an order or award depends on any fact found by the commission an examiner, the court shall not substitute its judgment for that of the commission examiner as to the weight or credibility of the evidence on any finding of fact. The court may, however, set aside the commission's an order or award and remand the case to the commission if the commission's order or award depends on any material and controverted finding of fact that is not supported by credible and substantial evidence.

AB64,1351 Section 1351 . 102.24 (1) of the statutes is amended to read:

AB64,637,7 102.24 (1) Upon the setting aside of any order or award, the court may recommit the controversy and remand the record in the case to the commission for further hearing or proceedings, or it the court may enter the proper judgment upon the findings of the commission administrator, as the nature of the case shall may demand. An abstract of the judgment entered by the trial court upon the review of any order or award shall be made by the clerk of circuit court upon the judgment and lien docket entry of any judgment which may have been rendered upon the order or award. Transcripts of the abstract may be obtained for like entry upon the judgment and lien dockets of the courts of other counties.

AB64,1352 Section 1352 . 102.24 (2) of the statutes is amended to read:

AB64,637,17 102.24 (2) After the commencement of an action to review any order or award of the commission administrator, the parties may have the record remanded by the court for such time and under such condition as the parties may provide, for the purpose of having the department or the division act upon the question of approving or disapproving any settlement or compromise that the parties may desire to have so approved. If approved, the action shall be at an end and judgment may be entered upon the approval as upon an award. If not approved, the department or the division shall immediately return the record to the circuit court and the action shall proceed as if no remand had been made.

AB64,1353 Section 1353 . 102.25 (1) of the statutes is amended to read:

AB64,638,5 102.25 (1) Any party aggrieved by a judgment entered upon the review of any order or award may appeal the judgment within the period specified in s. 808.04 (1). A trial court may not require the commission division or any party to the action to execute, serve, or file an undertaking under s. 808.07 or to serve, or secure approval of, a transcript of the notes of the stenographic reporter or the tape of the recording machine. The state is a party aggrieved under this subsection if a judgment is entered upon the review confirming any order or award against the state. At any time before the case is set down for hearing in the court of appeals or the supreme court, the parties may have the record remanded by the court to the department or the division in the same manner and for the same purposes as provided for remanding from the circuit court to the department or the division under s. 102.24 (2).

AB64,1354 Section 1354 . 102.25 (2) of the statutes is amended to read:

AB64,638,9 102.25 (2) It shall be the duty of the The clerk of any court rendering a decision affecting an award of the commission to administrator shall promptly furnish the commission division with a copy of such the decision without charge.