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
66.1019 (3), 101.02 (7m), 101.02 (20), 101.02 (21), 101.02 (24), 2
101.12 (6) (a), 101.125 (2), 101.125 (3), 101.125 (4m), 101.14 (4m) (a) 3., 101.19 3
(1r), 101.957, subchapter VI (title) of chapter 101 [precedes 101.971], 101.971 4
(intro.) and (1), 101.971 (3) and (4), 101.973, 101.974 (intro.), (1), (2) and (3), 5
101.974 (5), 101.975, 101.976, 101.977, 101.978, 101.985 (4), 145.035, 145.045 6
(2), 145.13 and 445.08 (4); to renumber
101.12 (6) (b) and 447.055 (1) (a); to
7renumber and amend
101.02 (1), 101.971 (2), 101.974 (4), 440.20 (4), 440.20 8
(5), 445.08 (1) and 447.055 (1) (c); to amend
20.165 (2) (j), 43.09 (1), 45.44 (1) 9
(a) 6., 45.44 (1) (a) 16., 49.857 (1) (b), 49.857 (1) (d) 7., 73.0301 (1) (d) 5., 100.21 10
(1) (a), 101.02 (1m), 101.02 (7r) (a), 101.02 (7r) (b) 4., 101.025 (1), 101.125 (4) (a), 11
101.125 (5), 101.16 (3g) (a), 101.19 (1g) (f), 101.654 (1) (c) 1., 101.84 (1), 101.951 12
(7) (a), 101.951 (7) (b), 101.952 (5), 101.985 (5) (a), 108.227 (1) (e) 5., 145.02 (2) 13
(a), 145.02 (3) (f), 145.045 (3), 145.12 (4), 145.24 (1), 145.245 (7) (a), 145.26 (1), 14
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), 2
440.19, 445.04 (3) (a), 445.04 (3) (b) (intro.), 445.045 (1) (g), 446.02 (7) (d) 1., 3
446.02 (7) (d) 2., 447.05, 447.055 (1) (d), 448.04 (1) (i) 3. and 457.02 (5m); to
4repeal and recreate
20.165 (2) (j); and to create
101.02 (1) (a), 101.02 (1) (c), 5
101.022, 101.125 (2m), 440.20 (4) (b), 440.20 (5) (b) and 445.04 (3) (c) of the 6
statutes; relating to: various changes to statutes administered by the
7Department of Safety and Professional Services and attached credentialing
8boards and requiring the exercise of rule-making authority.
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.
Uniform professional credentialing and occupational licensing
The bill makes uniform many of the standards and procedures that apply to the
following approvals that are under the authority of DSPS:
1. Licenses, permits, and certificates of certification or registration issued by
DSPS, an examining board, or an affiliated credentialing board with respect to
various professions, including cosmetology, accounting, architecture, boxing, mixed
martial arts, and health professions (professional credentials).
2. Licenses, permits, certificates, registrations, or other approvals issued by
DSPS with respect to trades (occupational licenses).
Specifically, this bill requires that any rules promulgated by DSPS that define
uniform procedures for the following must conform with rules related to professional
credentials: receiving, filing, and investigating complaints against holders of
occupational licenses; commencing disciplinary proceedings against holders of
occupational licenses; and conducting hearings on matters relating to occupational
The bill also provides that many laws that apply to professional credentials also
apply to occupational licenses, including laws that do all of the following:
1. Govern how and when an application for an initial professional credential
or a renewal is granted or denied.
2. Prescribe standards and procedures for how a person may file a complaint
against a professional credential holder.
3. Set forth standards and procedures for conducting investigations,
commencing disciplinary proceedings, holding hearings, and making findings
regarding violations of laws and rules governing professional credential holders.
4. Prescribe the process and procedure for issuing administrative warnings to
professional credential holders, reprimanding professional credential holders, and
denying, limiting, suspending, and revoking professional credentials.
5. Set forth certain rights and obligations of professional credential holders.
Multifamily dwelling code
The bill repeals the statutes, and the authority of DSPS to promulgate rules,
that establish standards for the construction of multifamily dwellings and their
components. Those statutes and rules are commonly known as the multifamily
Under current law, a county, city, village, or town (political subdivision) is
prohibited from enforcing any ordinance that does not comply with the multifamily
dwelling code, except with respect to a preexisting stricter sprinkler ordinance that
meets certain requirements. The bill repeals the multifamily dwelling code,
including the exception for preexisting stricter sprinkler ordinances, but retains
certain powers of DSPS which are incorporated into the provisions that regulate
public buildings and buildings that are places of employment (commercial building
Under current law, a multifamily dwelling is subject to the commercial building
code if the multifamily dwelling is a “public building," which current law defines to
include a building used by the public or by three or more tenants for lodging or
occupancy, or is a place of employment. The bill does not change the applicability of
the commercial building code to multifamily dwellings.
Safety glazing material in hazardous locations
The bill repeals existing statutory requirements related to labeling, installing,
and selling safety glazing material located or to be located in hazardous locations.
Under the bill, DSPS must promulgate rules regulating safety glazing material
manufactured, distributed, imported, sold, or installed for use in a hazardous
Aging schools program
The bill repeals an outdated requirement under the aging schools program that
DSPS inspect all public schools constructed prior to January 1, 1950, for compliance
with certain safety and building requirements.
Alternative dispute resolution for manufactured housing industry
The bill eliminates the requirement that DSPS establish by rule an alternative
dispute resolution program for disputes concerning defects in or installation of
manufactured homes. Under current law, the ADR program must provide for the
timely, nonjudicial resolution of disputes among manufacturers, salespersons,
dealers, and installers of manufactured homes if those disputes are reported to DSPS
within one year of the date on which a manufactured home is installed.
Temporary revocable permits for master and journeyman plumbers
The bill eliminates the authority of DSPS to issue temporary revocable permits
to master and journeyman plumbers pending an examination. The bill also
eliminates the authority of DSPS to promulgate rules governing the issuance of those
Septic tank installers
The bill eliminates references under current law to “septic tank installers" in
requirements related to installation of private on-site wastewater treatment
Definition of public swimming pools
The bill changes the definition of public swimming pool to exclude an inflated
mobile structure, basin, chamber, or tank; a swim pond; or an individual therapeutic
pod, tub, or bath. Under current law, DSPS must review and approve any plans for
the construction, alteration, or reconstruction of a public swimming pool, and no one
may maintain, manage, or operate a public swimming pool unless DSPS has
approved the plans and the public swimming pool conforms to those plans.
The bill makes various other changes and corrections to various laws governing
the regulation professions, including requiring a jurisprudence examination for
applicants for licensure as a funeral director that tests an applicant's knowledge of
state law relating to funeral directing. The bill does not otherwise affect current
examination requirements for funeral directors.
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:
20.165 (2) (j) of the statutes is amended to read:
(j) Safety and building operations.
The amounts in the schedule for 3
the purposes of chs. 101 and 145 and ss. 167.35, 236.12 (2) (ap), 236.13 (1) (d) and 4
(2m), and 236.335 and for the purpose of transferring the amounts in the schedule 5
under par. (ke) to the appropriation account under par. (ke). All moneys received 6
under ch. 145, ss. 101.178, 101.19, 101.63 (9), 101.654 (3), 101.73 (12), 101.82 (4), 7
101.955 (2), 101.973 (7),
167.35 (2) (f), and 236.12 (7) and all moneys transferred
8under 2005 Wisconsin Act 45, section 76 (6),
shall be credited to this appropriation 9
20.165 (2) (j) of the statutes, as affected by 2017 Wisconsin Act 59 2
and 2017 Wisconsin Act .... (this act), is repealed and recreated to read:
(j) Safety and building operations.
The amounts in the schedule for 4
the purposes of chs. 101 and 145 and ss. 167.35, 236.12 (2) (ap), 236.13 (1) (d) and 5
(2m), and 236.335. All moneys received under ch. 145, ss. 101.178, 101.19, 101.63 6
(9), 101.654 (3), 101.73 (12), 101.82 (4), 101.955 (2), 167.35 (2) (f), and 236.12 (7), shall 7
be credited to this appropriation account.
43.09 (1) of the statutes is amended to read:
43.09 (1) Public librarians.
The division shall issue certificates to public 10
librarians and promulgate, under ch. 227, necessary standards for public librarians. 11
The qualifications for public librarians shall be based on education, professional 12
training and experience. Any relevant instruction, as defined in s. 101.02 (24) (a) 1. 13440.075 (1)
, that an applicant for a certificate has obtained in connection with any 14
military service, as defined in s. 111.32 (12g), counts toward satisfying any 15
requirement for instruction for a certificate under this subsection if the applicant 16
demonstrates to the satisfaction of the division that the instruction obtained by the 17
applicant is substantially equivalent to the instruction required for the certificate. 18
Certificates already granted prior to December 17, 1971, shall remain in effect.
45.44 (1) (a) 6. of the statutes is amended to read:
(a) 6. A
license, permit, certificate, or registration
21specified as defined
in s. 101.19 (1r) 101.02 (1) (a) 2
45.44 (1) (a) 16. of the statutes is amended to read: