Date of enactment: April 16, 2018
2017 Assembly Bill 905   Date of publication*: April 17, 2018
* Section 991.11, Wisconsin Statutes: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication."
2017 WISCONSIN ACT 331
An Act to repeal 66.1019 (3), 101.02 (7m), 101.02 (20), 101.02 (21), 101.02 (24), 101.12 (6) (a), 101.125 (2), 101.125 (3), 101.125 (4m), 101.14 (4m) (a) 3., 101.19 (1r), 101.957, subchapter VI (title) of chapter 101 [precedes 101.971], 101.971 (intro.) and (1), 101.971 (3) and (4), 101.973, 101.974 (intro.), (1), (2) and (3), 101.974 (5), 101.975, 101.976, 101.977, 101.978, 101.985 (4), 145.035, 145.045 (2), 145.13 and 445.08 (4); to renumber 101.12 (6) (b) and 447.055 (1) (a); to renumber and amend 101.02 (1), 101.971 (2), 101.974 (4), 440.20 (4), 440.20 (5), 445.08 (1) and 447.055 (1) (c); to amend 20.165 (2) (j), 43.09 (1), 45.44 (1) (a) 6., 45.44 (1) (a) 16., 49.857 (1) (b), 49.857 (1) (d) 7., 73.0301 (1) (d) 5., 100.21 (1) (a), 101.02 (1m), 101.02 (7r) (a), 101.02 (7r) (b) 4., 101.025 (1), 101.125 (4) (a), 101.125 (5), 101.16 (3g) (a), 101.19 (1g) (f), 101.654 (1) (c) 1., 101.84 (1), 101.951 (7) (a), 101.951 (7) (b), 101.952 (5), 101.985 (5) (a), 108.227 (1) (e) 5., 145.02 (2) (a), 145.02 (3) (f), 145.045 (3), 145.12 (4), 145.24 (1), 145.245 (7) (a), 145.26 (1), 234.49 (1) (e), 321.60 (1) (a) 7., 321.60 (1) (a) 18., 343.305 (6) (bm), 440.03 (3m), 440.03 (7), 440.03 (7m), 440.03 (11m) (a), 440.03 (13) (a), 440.03 (13) (am), 440.19, 445.04 (3) (a), 445.04 (3) (b) (intro.), 445.045 (1) (g), 446.02 (7) (d) 1., 446.02 (7) (d) 2., 447.05, 447.055 (1) (d), 448.04 (1) (i) 3. and 457.02 (5m); to repeal and recreate 20.165 (2) (j); and to create 101.02 (1) (a), 101.02 (1) (c), 101.022, 101.125 (2m), 440.20 (4) (b), 440.20 (5) (b) and 445.04 (3) (c) of the statutes; relating to: various changes to statutes administered by the Department of Safety and Professional Services and attached credentialing boards and requiring the exercise of rule-making authority.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
331,1 Section 1 . 20.165 (2) (j) of the statutes is amended to read:
20.165 (2) (j) Safety and building operations. The amounts in the schedule for the purposes of chs. 101 and 145 and ss. 167.35, 236.12 (2) (ap), 236.13 (1) (d) and (2m), and 236.335 and for the purpose of transferring the amounts in the schedule under par. (ke) to the appropriation account under par. (ke). All moneys received under ch. 145, and ss. 101.178, 101.19, 101.63 (9), 101.654 (3), 101.73 (12), 101.82 (4), 101.955 (2), 101.973 (7), 167.35 (2) (f), and 236.12 (7) and all moneys transferred under 2005 Wisconsin Act 45, section 76 (6), shall be credited to this appropriation account.
331,2 Section 2 . 20.165 (2) (j) of the statutes, as affected by 2017 Wisconsin Act 59 and 2017 Wisconsin Act .... (this act), is repealed and recreated to read:
20.165 (2) (j) Safety and building operations. The amounts in the schedule for the purposes of chs. 101 and 145 and ss. 167.35, 236.12 (2) (ap), 236.13 (1) (d) and (2m), and 236.335. All moneys received under ch. 145 and ss. 101.178, 101.19, 101.63 (9), 101.654 (3), 101.73 (12), 101.82 (4), 101.955 (2), 167.35 (2) (f), and 236.12 (7) shall be credited to this appropriation account.
331,3 Section 3. 43.09 (1) of the statutes is amended to read:
43.09 (1) Public librarians. The division shall issue certificates to public librarians and promulgate, under ch. 227, necessary standards for public librarians. The qualifications for public librarians shall be based on education, professional training and experience. Any relevant instruction, as defined in s. 101.02 (24) (a) 1. 440.075 (1), that an applicant for a certificate has obtained in connection with any military service, as defined in s. 111.32 (12g), counts toward satisfying any requirement for instruction for a certificate under this subsection if the applicant demonstrates to the satisfaction of the division that the instruction obtained by the applicant is substantially equivalent to the instruction required for the certificate. Certificates already granted prior to December 17, 1971, shall remain in effect.
331,4 Section 4 . 45.44 (1) (a) 6. of the statutes is amended to read:
45.44 (1) (a) 6. A An occupational license, permit, certificate, or registration specified as defined in s. 101.19 (1r) 101.02 (1) (a) 2.
331,5 Section 5 . 45.44 (1) (a) 16. of the statutes is amended to read:
45.44 (1) (a) 16. A license, permit, or certificate of certification or registration issued under chs. 440 to 480 credential, as defined in s. 440.01 (2) (a).
331,6 Section 6 . 49.857 (1) (b) of the statutes is amended to read:
49.857 (1) (b) “Credential" means a license, permit, certificate or registration that is granted under chs. 440 to 480 has the meaning given in s. 440.01 (2) (a).
331,7 Section 7 . 49.857 (1) (d) 7. of the statutes is amended to read:
49.857 (1) (d) 7. A An occupational license, permit or certificate of certification or registration specified as defined in s. 101.02 (21) (1) (a) 2.
331,8 Section 8 . 66.1019 (3) of the statutes is repealed.
331,9 Section 9 . 73.0301 (1) (d) 5. of the statutes is amended to read:
73.0301 (1) (d) 5. A An occupational license, as defined in s. 101.02 (20) (1) (a) 2.
331,10 Section 10 . 100.21 (1) (a) of the statutes is amended to read:
100.21 (1) (a) “Dwelling unit" means a dwelling, as defined under s. 101.61 (1), a modular home, as defined under s. 101.71 (6), a manufactured home, as defined under s. 101.91 (2), or a multifamily dwelling, as defined under s. 101.971 (2) 101.01 (8m).
331,11 Section 11 . 101.02 (1) of the statutes is renumbered 101.02 (1) (b) and amended to read:
101.02 (1) (b) 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, subject to par. (c).
331,12 Section 12 . 101.02 (1) (a) of the statutes is created to read:
101.02 (1) (a) In this subsection:
1. “Credential” has the meaning given in s. 440.01 (2) (a).
2. “Occupational license” means a license, permit, certificate, registration, or other approval for an occupation, trade, or profession issued by the department under this chapter, under ch. 145, under rules promulgated under this chapter or ch. 145, or under s. 167.10 (6m).
331,13 Section 13 . 101.02 (1) (c) of the statutes is created to read:
101.02 (1) (c) If the department promulgates rules under s. 440.03 (1) defining uniform procedures to be used by the department for receiving, filing, and investigating complaints against holders of credentials, for commencing disciplinary proceedings against holders of credentials, and for conducting hearings on matters relating to credentials, the department's rules under par. (b) with respect to occupational licenses shall conform with the rules promulgated under s. 440.03 (1).
331,14 Section 14 . 101.02 (1m) of the statutes is amended to read:
101.02 (1m) Notwithstanding sub. (1) (b), the department may not promulgate or enforce a rule related to fire safety that prohibits the seasonal placement of a Christmas tree in the rotunda of the state capitol building or in a church.
331,15 Section 15 . 101.02 (7m) of the statutes is repealed.
331,16 Section 16 . 101.02 (7r) (a) of the statutes is amended to read:
101.02 (7r) (a) Notwithstanding sub. (7) (a), no city, village, or town may enact or enforce an ordinance that establishes minimum standards for constructing, altering, or adding to public buildings or buildings that are places of employment unless that ordinance strictly conforms to the applicable rules under sub. (15) (j), except as provided in pars. (b) to (d) and sub. (7m).
331,17 Section 17 . 101.02 (7r) (b) 4. of the statutes is amended to read:
101.02 (7r) (b) 4. The building is not a multifamily dwelling, as defined in s. 101.971 (2).
331,18 Section 18 . 101.02 (20) of the statutes, as affected by 2017 Wisconsin Act 59, is repealed.
331,19 Section 19 . 101.02 (21) of the statutes, as affected by 2017 Wisconsin Act 59, is repealed.
331,20 Section 20 . 101.02 (24) of the statutes, as affected by 2017 Wisconsin Act 59, is repealed.
331,21 Section 21 . 101.022 of the statutes is created to read:
101.022 Certain laws applicable to occupational licenses. Sections 440.03 (1), (3m), (4), (11m), and (13) (a), (am), and (b) 75., 440.05 (1) (a) and (2) (b), 440.075, 440.09 (2), 440.11, 440.12, 440.121, 440.13, 440.14, 440.15, 440.19, 440.20 (1), (3), (4) (a), and (5) (a), 440.205, 440.21, and 440.22, and the requirements imposed on the department under those statutes, apply to occupational licenses, as defined in s. 101.02 (1) (a) 2., in the same manner as those statutes apply to credentials, as defined in s. 440.01 (2) (a).
331,22 Section 22 . 101.025 (1) of the statutes is amended to read:
101.025 (1) Notwithstanding s. 101.02 (1) (b) and (15), any rule which that requires the intake of outside air for ventilation in public buildings or places of employment shall establish minimum quantities of outside air that must be supplied based upon the type of occupancy, the number of occupants, areas with toxic or unusual contaminants, and other pertinent criteria determined by the department. The department shall set standards where the mandatory intake of outside air may be waived. The department may waive the requirement for the intake of outside air where the owner has demonstrated that the resulting air quality is equivalent to that provided by outdoor air ventilation. The department may not waive the mandatory intake of outside air unless smoking is prohibited in the building or place of employment. In this subsection, “smoking" means carrying any lighted tobacco product.
331,23 Section 23 . 101.12 (6) (a) of the statutes is repealed.
331,24 Section 24 . 101.12 (6) (b) of the statutes is renumbered 101.12 (6).
331,25 Section 25 . 101.125 (2) of the statutes is repealed.
331,26 Section 26 . 101.125 (2m) of the statutes is created to read:
101.125 (2m) Rules. The department shall promulgate rules regulating safety glazing material manufactured, distributed, imported, sold, or installed for use in a hazardous location.
331,27 Section 27 . 101.125 (3) of the statutes is repealed.
331,28 Section 28 . 101.125 (4) (a) of the statutes is amended to read:
101.125 (4) (a) No employee of a person responsible for compliance with this section the rules promulgated under sub. (2m) is liable for the employer's failure to comply.
331,29 Section 29 . 101.125 (4m) of the statutes is repealed.
331,30 Section 30 . 101.125 (5) of the statutes is amended to read:
101.125 (5) Penalty. Whoever violates this section the rules promulgated under sub. (2m) may be required to forfeit not less than $100 nor more than $500.
331,31 Section 31 . 101.14 (4m) (a) 3. of the statutes is repealed.
331,32 Section 32 . 101.16 (3g) (a) of the statutes is amended to read:
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