AB905: Bill Text

LRB-4539/2

MED/KRP/MDK:ahe&kjf

2017 - 2018 LEGISLATURE

2017 Assembly BILL 905

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.

AB905,2,8 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.

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 procedures

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 licenses.

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 dwelling code.

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 code).

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 location.

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 disputes

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 permits.

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 systems.

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.

Other changes

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:

AB905,1 Section 1. 20.165 (2) (j) of the statutes is amended to read:

AB905,4,9 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, 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.

AB905,2 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:

AB905,5,7 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, 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.

AB905,3 Section 3. 43.09 (1) of the statutes is amended to read:

AB905,5,18 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.

AB905,4 Section 4. 45.44 (1) (a) 6. of the statutes is amended to read:

AB905,5,21 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.

AB905,5 Section 5. 45.44 (1) (a) 16. of the statutes is amended to read: