2017 - 2018 LEGISLATURE
January 31, 2018 - Introduced by Representative Ballweg, cosponsored by Senator
Kapenga, by request of Department of Safety and Professional Services.
Referred to Committee on Regulatory Licensing Reform.
1An Act to repeal
15.405 (7c) (am) 2., 15.405 (10r) (c), 101.16 (3g) (b), 440.03 (16), 2
440.04 (9) and 440.11 (3); to renumber
101.16 (3g) (a); and to amend
(7c) (am) (intro.), 15.405 (7c) (am) 1., 15.405 (7c) (am) 3., 15.405 (7g), 15.405 4
(10r) (b), 15.406 (6) (a) 2., 101.12 (5) (b), 101.15 (2) (d) 1., 101.653 (5) (b) 2., 5
118.135 (2), 157.63 (2) (b), 440.08 (2) (a) 59., 440.92 (9) (b) 3., 441.01 (7) (a) 6
(intro.), 441.01 (7) (a) 1., 441.01 (7) (b), 441.06 (3), 441.08, 441.15 (3) (b), 441.16 7
(3) (d), 448.13 (1) (a) (intro.), 448.13 (2), 448.13 (3) and 470.05 of the statutes; 8relating to: various changes to statutes administered by the Department of
9Safety and Professional Services and attached credentialing boards.
Analysis by the Legislative Reference Bureau
This bill makes numerous changes to the laws governing the regulation of
professions and buildings and safety that are administered by the Department of
Safety and Professional Services.
Notice of request to inspect or copy building plans
Under current law, a person requesting to inspect or copy building plans for a
structure must submit a written application identifying the structure or proposed
structure, and DSPS or the political subdivision in which the plans are filed must
provide a copy of the application to the owner of the structure or proposed structure
and the person that submitted the plans. The bill eliminates that notice
List of licensed retail suppliers of liquefied petroleum gas
The bill eliminates the requirement that DSPS publish an annual list of all
retailers licensed by DSPS to distribute liquefied petroleum gas.
Frequency of review of certain local construction site erosion control
The bill reduces the frequency with which DSPS must issue a written
determination regarding whether a political subdivision's program for erosion
control on construction sites for one-family and two-family dwellings is in
compliance with state standards. Under current law, if a political subdivision elects
to exercise jurisdiction over the construction and inspection of new one-family and
two-family dwellings, DSPS must periodically review the political subdivision's
ordinances related to construction site erosion control for compliance with state
standards. As part of the review, DSPS must perform an audit of the political
subdivision's construction site erosion control program and make a written
determination regarding whether the political subdivision is in compliance. The bill
changes the frequency of the DSPS written determination from three years to five
Membership of certain boards and credentialing boards
Current law requires that the Marriage and Family Therapy, Professional
Counseling, and Social Work Examining Board include four social workers,
including one advanced practice social worker, one independent social worker, and
one clinical social worker. The bill eliminates the requirement that one of the four
social worker members on the board be an independent social worker. Under the bill,
that position may be filled by any type of social worker.
Current law requires that the Board of Nursing include five licensed registered
nurses (RNs), two licensed practical nurses (LPNs), and two public members. The
bill modifies the required composition of the board so that one of the two LPN
positions on the board may instead be filled by either an LPN or an RN.
Current law requires that the Real Estate Appraisers Board include three
appraisers, including one certified general appraiser, one certified residential
appraiser, and one licensed appraiser. The bill eliminates the requirement that one
of the three appraiser members on the board be a licensed appraiser. Under the bill,
that position may be filled by any type of appraiser. The bill also repeals a
requirement for the Real Estate Appraisers Board requiring that certain types of
members be present in order for quorum to be present.
Finally, the bill repeals a specific requirement for an individual to qualify as a
public member to serve on the Massage Therapy and Bodywork Therapy Affiliated
The bill makes various other changes to the laws governing the regulation of
professions and buildings and safety, including:
1. The bill makes various technical changes in the nursing practice law,
including changes regarding which individuals are required to complete the nursing
2. The bill eliminates requirements that certain Cemetery Board filings be
3. The bill changes the renewal date for physician assistants from March 1 of
each odd-numbered year to March 1 of each even-numbered year.
4. The bill provides that a mining inspector employed by DSPS must have
experience in underground mining or be a graduate of a recognized college with a
degree of mining engineering. Under current law, DSPS is allowed to employ a
mining inspector who is not a graduate only if the inspector has at least ten years
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
15.405 (7c) (am) (intro.) of the statutes is amended to read:
(am) (intro.) The 4 members appointed under par. (a) 1. shall 3consist include all
of the following:
15.405 (7c) (am) 1. of the statutes is amended to read:
(am) 1. One
At least one
member who is certified under ch. 457 as 6
an advanced practice social worker.
15.405 (7c) (am) 2. of the statutes is repealed.
15.405 (7c) (am) 3. of the statutes is amended to read:
(am) 3. One
At least one
member who is licensed under ch. 457 as 10
a clinical social worker.
15.405 (7g) of the statutes is amended to read:
15.405 (7g) Board of nursing.
There is created a board of nursing in the 13
department of safety and professional services. The board of nursing shall consist 14
of the following members appointed for staggered 4-year terms: 5 currently licensed
registered nurses under ch. 441; 2
currently licensed practical nurses
under ch. 441; one member who is either a licensed registered nurse or a licensed
3practical nurse under ch. 441;
and 2 public members. Each registered nurse member 4
shall have graduated from a program in professional nursing and each practical 5
nurse member shall have graduated from a program in practical nursing accredited 6
by the state in which the program was conducted.
15.405 (10r) (b) of the statutes is amended to read:
(b) Of the appraiser members of the board, at least
one shall be 9
certified under s. 458.06 as a general appraiser, and at least
one shall be certified 10
under s. 458.06 as a residential appraiser and one shall be licensed under s. 458.08
11as an appraiser
. No public member of the board may be connected with or have any 12
financial interest in an appraisal business or in any other real estate-related 13
business. Section 15.08 (1m) (am) applies to the public members of the board. No 14
member of the board may serve more than 2 consecutive terms.
15.405 (10r) (c) of the statutes is repealed.
15.406 (6) (a) 2. of the statutes is amended to read:
(a) 2. One public member who satisfies the requirements under s.
18460.03 (2m) (b)
101.12 (5) (b) of the statutes is amended to read:
(b) A person requesting to inspect or copy plans shall submit a 21
written application identifying the structure or proposed structure whose plans are 22
sought to be inspected or copied, providing the full name and address of the requester 23
and stating that any information obtained from the inspection or copying will not be 24
used for any unlawful or unfair competitive purpose and that the information set 25
forth in the application is true and correct. The department, city, village, town or
1county shall promptly transmit a copy of the application to the owner of the structure
2or proposed structure and the submitter of the plans being inspected or copied.
101.15 (2) (d) 1. of the statutes is amended to read:
(d) 1. Employ additional mining inspectors, who each of whom
have had at least 10 years
experience in underground mining or be a graduate of a 6
recognized college with a degree of mining engineering.
101.16 (3g) (a) of the statutes is renumbered 101.16 (3g).
101.16 (3g) (b) of the statutes is repealed.
101.653 (5) (b) 2. of the statutes is amended to read: