(b) "Dwelling construction standard" means a requirement imposed under s. 23
101.645 (3) or 101.647 (3) or a requirement imposed under any provision of ch.101 24
or 145 or under any ordinance of a political subdivision relating to standards for 25
electrical wiring or plumbing in one- and 2-family dwellings.
(c) "Political subdivision" means a city, village, town, or county.
Except as provided in sub. (9), a person who is issued a waiver from a 3
requirement to comply with a dwelling construction standard under this section is 4
not required to comply with that standard.
(a) Except as provided in par. (b), a person is eligible to obtain a waiver from 6
the requirement to comply with a dwelling construction standard if the person 7
submits a signed application form requesting the waiver to the political subdivision 8
that is responsible for issuing building permits for dwellings. The application shall 9
include an attachment containing the address or other identifying information that 10
describes the location of the dwelling and specifying the dwelling construction 11
standard from which the person seeks a compliance waiver.
(b) If the department issues building permits for dwellings in a political 13
subdivision, a person applying for the waiver shall submit the application to the 14
The department shall prescribe and furnish a waiver application form to 16
each political subdivision that issues building permits for dwellings. The form shall 17
be written in simple and plain language and shall list, in a check-off format, each 18
of the following statements:
(a) The person's religious beliefs and the established tenets or teachings of the 20
religious sect of which the person is a member conflict with one or more dwelling 21
(b) The dwelling for which the waiver is requested will be used solely as a 23
residence for the person or members of the person's household.
(c) The waiver is requested based upon the long-established tenets and 25
teachings of the religious sect of which the person is a member and the religious sect
did not establish these tenets and teachings solely to avoid compliance with dwelling 2
(d) The person agrees to modify the dwelling for which the waiver is requested 4
to comply with dwelling construction standards if the person ceases to adhere to the 5
tenets or teachings of the religious sect of which the person is a member and upon 6
which the waiver is requested.
A political subdivision that issues building permits and that receives a 8
completed and signed waiver application form shall promptly issue a waiver to the 9
applicant if all of the following apply:
(a) The political subdivision has no reason to believe that the statements 11
provided by the applicant on the waiver application form are untrue.
(b) The political subdivision is satisfied that the waiver will not result in an 13
unreasonable risk of harm to public health or safety.
(c) The waiver specifies those dwelling construction standards with which the 15
applicant is not required to comply.
A political subdivision that finds that an applicant is not entitled to receive 17
a waiver under this section shall promptly notify the department of its finding 18
together with a description of the political subdivision's basis for its finding. If the 19
department agrees with the political subdivision's finding, it shall deny the waiver 20
and notify the applicant that the waiver is denied. If the department disagrees with 21
the political subdivision's finding, it shall issue the waiver to the applicant and notify 22
the political subdivision that the department has issued the waiver. Upon receipt 23
of the notice, the political subdivision shall waive the applicant's requirement to 24
comply with the dwelling construction standards specified in the waiver.
A person is entitled to obtain a waiver under this section before, during, or 2
after construction of a one- or 2-family dwelling.
Neither a municipality nor the department may charge a person a fee to 4
apply for or to receive a waiver under this section.
A waiver issued under this section is invalid if the political subdivision that 6
issued the waiver or the department find that any of the following applies:
(a) A statement on the waiver form submitted by the person to whom the waiver 8
was issued is untrue.
(b) The basis upon which the waiver was issued no longer applies.
(c) The dwelling is occupied by a person who does not hold the religious beliefs 11
that form the basis for issuing the waiver.
Neither the department nor a political subdivision may take any 13
enforcement action, nor proceed with any enforcement action initiated on or before 14
the effective date of this subsection .... [LRB inserts date], against a person with 15
respect to a dwelling construction standard if the person has a valid waiver issued 16
under this section that waives compliance with the requirement.
101.654 (1m) (e) of the statutes is amended to read:
(e) The continuing education approved by the department under
19par. (b) 1. shall include courses offered by private organizations with whom the
20department contracts under s. 101.657.
The department may approve
courses that are offered by other states.
101.66 (1) of the statutes is amended to read:
Except as provided in sub. subs.
(1m) and (1r)
, every builder, 2
designer, and owner shall use building materials, methods, and equipment which are 3
in conformance with the one- and 2-family dwelling code.
101.66 (1r) of the statutes is created to read:
A builder, designer, or owner is not required to comply with those 6
requirements of the one- and 2-family dwelling code for which a waiver is issued 7
under s. 101.648.
101.86 (1) (a) of the statutes is amended to read:
(a) Enact an electrical code or otherwise exercise jurisdiction over 10
electrical wiring and inspection of electrical wiring by enactment of ordinances. An
11ordinance enacted under this paragraph may not be less restrictive than this
12subchapter, provided that the electrical code or ordinance strictly conforms with the
13state electrical wiring code promulgated by the department under s. 101.82 (1)
. A 14
county ordinance shall apply in any city, village or town which has not enacted such 15
101.862 (4) (p) of the statutes is created to read:
(p) A person engaged in installing, repairing, or maintaining a 18
private on-site wastewater treatment system, as defined in s. 145.01 (12), if the 19
activity only involves installing or modifying a conductor going from the system's 20
junction, pull, or device box to the nearest disconnecting point and the conductor is 21
buried with the system.
101.862 (4) (q) of the statutes is created to read:
(q) A person engaged in installing, repairing, or maintaining a 24
pump for a well if the activity only involves installing or modifying a conductor going
from the pump's junction, pull, or device box to the nearest disconnecting point and 2
the conductor is buried with the pump.
101.935 (2) (e) of the statutes is amended to read:
(e) Section 254.69 (2) 97.615 (2)
, as it applies to an agent for the 5
department of health services agriculture, trade and consumer protection
in the 6
administration of s. 254.47 97.67
, applies to an agent for the department of safety 7
and professional services in the administration of this section.
101.974 (2) of the statutes is amended to read:
Promulgate the rules under this subchapter after consultation with
11the multifamily dwelling code council
102.01 (2) (a) of the statutes is renumbered 102.01 (2) (af).
102.01 (2) (ad) of the statutes is created to read:
(ad) "Administrator" means the administrator of the division of 15
hearings and appeals in the department of administration.
102.01 (2) (ar) of the statutes is created to read:
(ar) "Division" means the division of hearings and appeals in the 18
department of administration.
102.01 (2) (dm) of the statutes is amended to read:
(dm) "Order" means any decision, rule, regulation, direction, 21
or standard of the department or the division
, or any other 22
determination arrived at or decision made by the department or the division
102.07 (8) (c) of the statutes is amended to read:
(c) The department
may not admit in evidence any
state or 25
federal laws, regulations, documents law, regulation, or document
or licenses license
when determining whether an independent 2
contractor meets the conditions specified in par. (b) 1. or 3.
102.07 (12m) of the statutes is renumbered 102.07 (12m) (b) and 4
amended to read:
(b) A student of a public school,
as described in s. 115.01 (1), or 6
a private school, as defined in s. 115.001 (3r),
or an institution of higher education, 7
while he or she is engaged in performing services as part of a school work training, 8
or work study program, and who is not on the payroll of an employer 9
that is providing the work training or work experience or who is not otherwise 10
receiving compensation on which a worker's compensation carrier could assess 11
premiums on that employer, is an employee of a school district or,
private school, or
12institution of higher education
that elects under s. 102.077 to name the student as 13
102.07 (12m) (a) of the statutes is created to read:
(a) In this subsection:
1. "Institution of higher education" means an institution within the University 17
of Wisconsin System, a technical college, a tribally controlled college controlled by 18
an Indian tribe that has elected under s. 102.05 (2) to become subject to this chapter, 19
a school approved under s. 38.50, or a private, nonprofit institution of higher 20
education located in this state.
2. "Private school" has the meaning given in s. 115.001 (3r).
3. "Public school" means a school described in s. 115.01 (1).
102.077 (1) of the statutes is amended to read:
A school district or a ,
private school, as defined in s. 115.001 (3r), 25or 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 2
of worker's compensation insurance or, if the school district or,
private school, or
3institution of higher education
is exempt from the duty to insure under s. 102.28 (2) 4(a)
, by filing a declaration with the department in the manner provided in s. 102.31 5
(2) (a) naming the student as an employee of the school district
private school, or
6institution of higher education
for purposes of this chapter. A declaration under this 7
subsection shall list the name of the student to be covered under this chapter, the 8
name and address of the employer that is providing the work training or work 9
experience for that student,
and the title, if any, of the work training, work 10
or work study program in which the student is participating.
102.077 (2) of the statutes is amended to read:
A school district or
private school, or institution of higher
may revoke a declaration under sub. (1) by providing written notice to the 14
department in the manner provided in s. 102.31 (2) (a), the student
and the employer 15
who is providing the work training or work experience for that student. A revocation 16
under this subsection is effective 30 days after the department receives notice of that 17
102.11 (1) (am) 1. of the statutes is amended to read:
(am) 1. The employee is a member of a class of employees that does 20
the same type of work at the same location and, in the case of an employee in the 21
service of the state, is employed in the same office, department, independent agency, 22
authority, institution, association, society, or other body in state government or, if the 23
department or the division
determines appropriate, in the same subunit of an office, 24
department, independent agency, authority, institution, association, society, or other 25
body in state government.
2102.12 Notice of injury, exception, laches.
No claim for compensation may 3
be maintained unless, within 30 days after the occurrence of the injury or within 30 4
days after the employee knew or ought to have known the nature of his or her 5
disability and its relation to the employment, actual notice was received by the 6
employer or by an officer, manager or designated representative of an employer. If 7
no representative has been designated by posters placed in one or more conspicuous 8
places where notices to employees are customarily posted
, then notice received by 9
any superior is sufficient. Absence of notice does not bar recovery if it is found that 10
the employer was not misled thereby by that absence
. Regardless of whether notice 11
was received, if no payment of compensation, other than medical treatment or burial 12
expense, is made, and if
no application is filed with the department within 2 years 13from after
the date of the injury or death, or from or
the date the employee or his or 14
her dependent knew or ought to have known the nature of the disability and its 15
relation to the employment, the right to compensation therefor for the injury or death 16
is barred, except that the right to compensation is not barred if the employer knew 17
or should have known, within the 2-year period, that the employee had sustained 18
the injury on which the claim is based. Issuance of notice of a hearing on the 19department's own
motion of the department or the division
has the same effect for 20
the purposes of this section as the filing of an application. This section does not affect 21
any claim barred under s. 102.17 (4).
102.13 (1) (c) of the statutes is amended to read:
(c) So long as the employee, after a written request of the employer 24
or insurer which that
complies with par. (b), refuses to submit to or in any way 25
obstructs the examination, the employee's right to begin or maintain any proceeding
for the collection of compensation is suspended, except as provided in sub. (4). If the 2
employee refuses to submit to the examination after direction by the department, the
or an examiner, or in any way obstructs the examination, the employee's 4
right to the weekly indemnity which that
accrues and becomes payable during the 5
period of that refusal or obstruction, is barred, except as provided in sub. (4).
102.13 (1) (d) 2. of the statutes is amended to read:
(d) 2. Any physician, chiropractor, psychologist, dentist, physician 8
assistant, advanced practice nurse prescriber, or podiatrist who attended a worker's 9
compensation claimant for any condition or complaint reasonably related to the 10
condition for which the claimant claims compensation may be required to testify 11
before the department division
when the department division
102.13 (1) (d) 3. of the statutes is amended to read:
(d) 3. Notwithstanding any statutory provisions except par. (e), any 14
physician, chiropractor, psychologist, dentist, physician assistant, advanced 15
practice nurse prescriber, or podiatrist attending a worker's compensation claimant 16
for any condition or complaint reasonably related to the condition for which the 17
claimant claims compensation may furnish to the employee, employer, worker's 18
compensation insurer, or the
department, or division
information and reports 19
relative to a compensation claim.
102.13 (1) (f) of the statutes is amended to read:
(f) If an employee claims compensation under s. 102.81 (1), the 22
department or the division
may require the employee to submit to physical or 23
vocational examinations under this subsection.
102.13 (2) (a) of the statutes is amended to read:
(a) An employee who reports an injury alleged to be work-related 2
or files an application for hearing waives any physician-patient, 3
or chiropractor-patient privilege with respect to any condition 4
or complaint reasonably related to the condition for which the employee claims 5
compensation. Notwithstanding ss. 51.30 and 146.82 and any other law, any 6
physician, chiropractor, psychologist, dentist, podiatrist, physician assistant, 7
advanced practice nurse prescriber, hospital, or health care provider shall, within a 8
reasonable time after written request by the employee, employer, worker's 9
compensation insurer, or
department, or division,
or its representative, provide that 10
person with any information or written material reasonably related to any injury for 11
which the employee claims compensation.
102.13 (3) of the statutes is amended to read:
If 2 or more physicians, chiropractors, psychologists, dentists,
podiatrists disagree as to the extent of an injured employee's temporary disability, 15
the end of an employee's healing period, an employee's ability to return to work at 16
suitable available employment or the necessity for further treatment or for a 17
particular type of treatment, the department or the division
may appoint another 18
physician, chiropractor, psychologist, dentist,
or podiatrist to examine the employee 19
and render an opinion as soon as possible. The department or the division
promptly notify the parties of this appointment. If the employee has not returned 21
to work, payment for temporary disability shall continue until the department or the
receives the opinion. The employer or its insurance carrier,
pay for the examination and opinion. The employer or insurance carrier
or both, 24
shall receive appropriate credit for any overpayment to the employee determined by 25
the department or the division
after receipt of the opinion.
102.13 (4) of the statutes is amended to read:
The rights of employees right of an employee
to begin or maintain 3
proceedings for the collection of compensation and to receive weekly indemnities 4which that
accrue and become payable shall not be suspended or barred under sub. 5
(1) when an employee refuses to submit to a physical examination, upon the request 6
of the employer or worker's compensation insurer or at the direction of the 7
department, the division,
or an examiner, which that
would require the employee to 8
travel a distance of 100 miles or more from his or her place of residence, unless the 9
employee has claimed compensation for treatment from a practitioner whose office 10
is located 100 miles or more from the employee's place of residence or the department,
or examiner determines that any other circumstances warrant the 12
examination. If the employee has claimed compensation for treatment from a 13
practitioner whose office is located 100 miles or more from the employee's place of 14
residence, the employer or insurer may request, or the department
, the division,
an examiner may direct, the employee to submit to a physical examination in the 16
area where the employee's treatment practitioner is located.
102.13 (5) of the statutes is amended to read:
The department or the division
may refuse to receive testimony as 19
to conditions determined from an autopsy if it appears that the party offering the 20
testimony had procured the autopsy and had failed to make reasonable effort to 21
notify at least one party in adverse interest or the department
or the division
at least 22
12 hours before the autopsy of the time and place it
at which the autopsy
would be 23
performed, or that the autopsy was performed by or at the direction of the coroner 24
or medical examiner or at the direction of the district attorney for purposes not
authorized by under
ch. 979. The department or the division
may withhold findings 2
until an autopsy is held in accordance with its directions.
102.14 (title) of the statutes is amended to read:
(title) Jurisdiction of department and division; advisory
102.14 (1) of the statutes is amended to read:
102.14 (1) This Except as otherwise provided, this
chapter shall be 8
administered by the department and the division
102.14 (2) of the statutes is amended to read:
The council on worker's compensation shall advise the department 11and the division
in carrying out the purposes of this chapter. Such council,
submit its recommendations with respect to amendments to this chapter to each 13
regular session of the legislature,
and shall report its views upon any pending bill 14
relating to this chapter to the proper legislative committee. At the request of the 15
chairpersons of the senate and assembly committees on labor, the department shall 16
schedule a meeting of the council with the members of the senate and assembly 17
committees on labor to review and discuss matters of legislative concern arising 18
under this chapter.
102.15 (1) of the statutes is amended to read:
Subject to this chapter, the department division
may adopt its own 21
rules of procedure and may change the same from time to time.
102.15 (2) of the statutes is amended to read: