LRBs0374/1
MGG/MG/PH/RK/RN/TK:all:ph
2011 - 2012 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO 2011 SENATE BILL 453
March 2, 2012 - Offered by Senator Leibham.
SB453-SSA1,3,13 1An Act to repeal 15.407 (2) (a), 101.07, 101.177, 101.563, 145.08 (1m), 145.135
2(title), 145.135 (1) (title), 145.19 (1) (title), 145.19 (5), 157.12 (1), 440.91 (8) and
3457.25 (5); to renumber and amend 15.407 (10), 101.01 (11), 101.01 (12),
4101.985 (2) (a) (intro.), 101.985 (2) (a) 2., 101.985 (2) (a) 3., 145.135 (1), 145.135
5(2) (intro.), 145.135 (2) (a) to (f), 145.19 (1), 443.015, 443.03 (1) (b) 1., 443.08 (1),
6443.08 (2), 443.08 (3) (a), 443.08 (4) (a), 443.08 (4) (b), 443.08 (5), 443.13, 443.14
7(1) and 443.14 (4); to amend 15.407 (1m), 15.407 (2) (b), 15.407 (2) (c), 20.165
8(2) (de), 20.165 (2) (j), 20.165 (2) (L), 20.320 (3) (title), 20.320 (3) (q), 59.70 (1),
959.70 (5) (title), 59.70 (5) (a), 59.70 (5) (b), 60.70 (5), 60.72 (4), 60.726 (title),
1060.726 (2), 60.77 (5) (b), 60.77 (5) (bm), 60.77 (5) (bs), 60.77 (5) (j), 101.02 (20)
11(a), 101.02 (21) (a), 101.145 (2), 101.745 (2), 101.952 (3), 101.985 (2) (title),
12101.985 (2) (am), 101.985 (2) (b), 101.985 (2) (c), 101.985 (2) (d), 101.985 (4),
13101.985 (5) (b) 1., 101.985 (7) (a) (intro.), 145.01 (4m), 145.01 (5), 145.01 (10) (a)

12., 145.01 (12), 145.045 (1), 145.045 (3), 145.07 (3) (a), 145.07 (5), 145.14 (2) (a),
2145.17 (1), 145.19 (2), 145.19 (3), 145.19 (4), 145.19 (6), 145.195 (1), 145.195 (2),
3145.20 (title), 145.20 (1) (a), 145.20 (1) (am), 145.20 (1) (b), 145.20 (2) (intro.),
4145.20 (2) (a), 145.20 (2) (d), 145.20 (2) (e), 145.20 (2) (f), 145.20 (2) (g), 145.20
5(2) (h), 145.20 (3) (a) 1., 145.20 (3) (a) 2., 145.20 (3) (b), 145.20 (3) (c), 145.20 (3)
6(d), 145.20 (4), 145.20 (5) (a), 145.20 (5) (am), 145.20 (5) (b), 145.20 (6) (a) 2.,
7145.24 (1), 145.24 (2), 145.24 (3), 145.245 (title), 145.245 (1) (a) 1., 145.245 (1)
8(ae), 145.245 (4) (intro.), 145.245 (4) (b), 145.245 (4) (e), 145.245 (4m) (intro.),
9145.245 (4m) (a), 145.245 (4m) (b), 145.245 (4m) (c), 145.245 (5) (a) 1., 145.245
10(5) (a) 2., 145.245 (5) (a) 3., 145.245 (5m) (a), 145.245 (6) (a), 145.245 (6) (b),
11145.245 (7) (a), 145.245 (7) (b), 145.245 (7) (c), 145.245 (7) (d), 145.245 (7) (e),
12145.245 (8) (a), 145.245 (9) (b), 145.245 (9) (c), 145.245 (9) (e), 145.245 (11) (e),
13145.245 (11m) (b), 145.245 (11m) (c), 145.245 (11m) (d), 145.245 (13), 145.245
14(14) (d), 160.255 (title), 160.255 (1), 160.255 (2), 160.255 (3), 160.255 (4),
15160.255 (5), 168.11 (1) (b) 1., 200.21 (11), 200.29 (1) (c) 3. a., 236.13 (2m), 281.41
16(3) (a), 281.41 (3) (b) 3., 281.41 (3) (b) 4., 281.48 (2) (bm), 281.48 (2) (d), 281.48
17(2) (f), 281.48 (2) (g), 281.48 (2m), 281.48 (3) (e), 281.48 (4g), 281.59 (1m) (c),
18281.68 (3) (a) 2. f., 440.21 (4) (a), 440.21 (4) (b), 440.26 (4), 440.91 (2) (intro.),
19440.91 (2) (a), 443.01 (2), 443.015 (title), 443.03 (1) (intro.), 443.03 (1) (a), 443.03
20(1) (b) 2., 443.03 (2), 443.035 (intro.), 443.035 (1), 443.04, 443.05 (1) (intro.), (a)
21and (b) and (2), 443.06 (1) (a), 443.06 (2) (intro.), 443.06 (3), 443.07 (1) (intro.),
22443.07 (1) (a), 443.07 (3), 443.07 (5), 443.09 (4m), 443.09 (5), 443.10 (1) (a) to (d),
23443.10 (2) (c), 443.10 (2) (d), 443.10 (2) (f), 443.10 (2) (h), 443.10 (3), 443.10 (4)
24(a) and (b), 443.11 (1) (intro.), 443.11 (1) (e), 443.11 (2), 443.11 (3), 443.11 (4),
25443.11 (5), 443.11 (6), 443.18 (1) (a), 443.18 (2) (a) and (b), 445.06, 448.63 (1) (d)

12., 454.08 (2) (a), 459.12 (1), 961.23 (5) and 961.23 (7); to repeal and recreate
2101.985 (2) (a) (title), 145.19 (title) and 454.01 (5) (b); and to create 15.407 (2)
3(d), 15.407 (10) (a) 9., 101.01 (11) (c), 101.01 (12) (c), 101.05 (5), 101.985 (2) (ab)
4(intro.), 101.985 (2) (ad), 440.03 (13) (am), 440.19, 440.26 (2) (c) 5., 440.26 (5m)
5(am), 440.26 (6) (a) 5., 443.015 (2), 443.03 (1) (b) (intro.), 443.08 (1) (b), 443.08
6(2) (b), 443.08 (2) (c), 443.08 (3) (a) 2., 443.08 (3) (a) 3., 443.08 (4) (a) 2., 443.08
7(4) (a) 3., 443.08 (4) (a) 4., 443.08 (4) (b) 2., 443.08 (4) (b) 3., 443.08 (4) (b) 4.,
8443.08 (5) (b), 443.08 (5) (c), 443.14 (1) (b), 443.14 (4) (b) and 445.105 (2s) of the
9statutes; relating to: the authority and responsibility of the Department of
10Safety and Professional Services, requirements for obtaining certain licenses
11or other credentials from the Department of Safety and Professional Services,
12weighing a product that contains opium or another controlled substance, and
13granting rule-making authority.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB453-SSA1, s. 1 14Section 1. 15.407 (1m) of the statutes, as affected by 2011 Wisconsin Act 32,
15is amended to read:
SB453-SSA1,4,516 15.407 (1m) Respiratory care practitioners examining council. There is
17created a respiratory care practitioners examining council in the department of
18safety and professional services and serving the medical examining board in an
19advisory capacity in the formulating of rules to be promulgated by the medical
20examining board for the regulation of respiratory care practitioners. The respiratory
21care practitioners examining council shall consist of 3 certified respiratory care
22practitioners, each of whom shall have engaged in the practice of respiratory care for
23at least 3 years preceding appointment, one physician and one public member. The

1respiratory care practitioner and physician members shall be appointed by the
2medical examining board. The members of the examining council shall serve 3-year
3terms. Section 15.08 (1) to (4) (a) and (6) to (10) shall apply to the respiratory care
4practitioners examining council, except that members of the examining council may
5serve more than 2 consecutive terms
.
SB453-SSA1, s. 2 6Section 2. 15.407 (2) (a) of the statutes is repealed.
SB453-SSA1, s. 3 7Section 3. 15.407 (2) (b) of the statutes is amended to read:
SB453-SSA1,4,98 15.407 (2) (b) One public member appointed by the governor for a 2-year
94-year term.
SB453-SSA1, s. 4 10Section 4. 15.407 (2) (c) of the statutes is amended to read:
SB453-SSA1,4,1211 15.407 (2) (c) Three physician assistants selected by the medical examining
12board for staggered 2-year 4-year terms.
SB453-SSA1, s. 5 13Section 5. 15.407 (2) (d) of the statutes is created to read:
SB453-SSA1,4,1514 15.407 (2) (d) One person who teaches physician assistants and is selected by
15the medical examining board for a 4-year term.
SB453-SSA1, s. 6 16Section 6. 15.407 (10) of the statutes, as affected by 2011 Wisconsin Act 32,
17is renumbered 15.407 (10) (a) (intro.) and amended to read:
SB453-SSA1,4,2118 15.407 (10) (a) (intro.) There is created in the department of safety and
19professional services, a dwelling code council, consisting of 18 11 members appointed
20for staggered 3-year 2-year terms. Four members Each member shall be
21representatives of building represent at least one of the following groups:
SB453-SSA1,4,22 221. Building trade labor organizations; 4 members shall be certified.
SB453-SSA1,4,24 232. Certified building inspectors employed by local units of government; 2
24members shall be representatives of building
.
SB453-SSA1,5,2
13. Building contractors actively engaged in on-site construction of one- and
22-family housing; 2 members shall be representatives of manufacturers.
SB453-SSA1,5,4 34. Manufacturers, retailers, or installers of manufactured or modular one- and
42-family housing; one member shall be an architect, engineer or designer.
SB453-SSA1,5,7 55. Architects, engineers, or designers who are registered under ch. 443 and who
6are
actively engaged in the design or evaluation of one- and 2-family housing; 2
7members shall represent the
.
SB453-SSA1,5,9 86. The construction material supply industry; one member shall represent
9remodeling
.
SB453-SSA1,5,12 107. Remodeling contractors actively engaged in the remodeling of one-family
11and 2-family housing; and 2 members shall represent the public, one of whom shall
12represent persons
.
SB453-SSA1,5,13 138. Persons with disabilities, as defined in s. 106.50 (1m) (g).
SB453-SSA1,5,18 14(b) An employee of the department designated by the secretary of safety and
15professional services shall serve as nonvoting secretary, but shall not be a member,
16of the council. The council shall meet at least twice a year. Eleven Seven members
17of the council shall constitute a quorum. For the purpose of conducting business a
18majority vote of the council is required.
SB453-SSA1, s. 7 19Section 7. 15.407 (10) (a) 9. of the statutes is created to read:
SB453-SSA1,5,2020 15.407 (10) (a) 9. Fire prevention professionals.
SB453-SSA1, s. 8 21Section 8. 20.165 (2) (de) of the statutes, as affected by 2011 Wisconsin Act 32,
22is amended to read:
SB453-SSA1,6,223 20.165 (2) (de) Private sewage on-site wastewater treatment system
24replacement and rehabilitation. As a continuing appropriation, the amounts in the

1schedule for financial assistance under the private sewage on-site wastewater
2treatment
system replacement and rehabilitation program under s. 145.245.
SB453-SSA1, s. 9 3Section 9. 20.165 (2) (j) of the statutes, as affected by 2011 Wisconsin Act 32,
4is amended to read:
SB453-SSA1,6,135 20.165 (2) (j) Safety and building operations. The amounts in the schedule for
6the purposes of chs. 101, 145, and 168 and ss. 167.35, 236.12 (2) (a), 236.13 (1) (d) and
7(2m), and 236.335, for the purpose of transferring the amounts in the schedule under
8par. (kg) to the appropriation account under par. (kg), and for the purpose of
9transferring the amounts in the schedule under par. (km) to the appropriation
10account under par. (km). All moneys received under ch. 145, ss. 101.177 (4) (a) 4.,
11101.178, 101.19, 101.63 (9), 101.654 (3), 101.73 (12), 101.82 (4), 101.955 (2), 101.973
12(7), 167.35 (2) (f), and 236.12 (7) and all moneys transferred under 2005 Wisconsin
13Act 45
, section 76 (6), shall be credited to this appropriation.
SB453-SSA1, s. 10 14Section 10. 20.165 (2) (L) of the statutes, as affected by 2011 Wisconsin Act
1532
, is amended to read:
SB453-SSA1,6,2216 20.165 (2) (L) Fire dues distribution. All moneys received under ss. 101.573
17(1) and 601.93, less the amounts transferred to par. (La) and s. 20.292 (1) (gm) and
18(gr), for distribution under s. 101.563 or 101.573 , as applicable. The amount
19transferred to par. (La) shall be the amount in the schedule under par. (La). The
20amount transferred to s. 20.292 (1) (gm) shall be the amount in the schedule under
21s. 20.292 (1) (gm). The amount transferred to s. 20.292 (1) (gr) shall be the amount
22in the schedule under s. 20.292 (1) (gr).
SB453-SSA1, s. 11 23Section 11. 20.320 (3) (title) of the statutes is amended to read:
SB453-SSA1,6,2524 20.320 (3) (title) Private sewage on-site wastewater treatment system
25program.
SB453-SSA1, s. 12
1Section 12. 20.320 (3) (q) of the statutes is amended to read:
SB453-SSA1,7,52 20.320 (3) (q) Private sewage on-site wastewater treatment system loans. From
3the environmental improvement fund, as a continuing appropriation, the amounts
4in the schedule for private sewage on-site wastewater treatment system
5replacement or rehabilitation loans under s. 145.245 (12m).
SB453-SSA1, s. 13 6Section 13. 59.70 (1) of the statutes is amended to read:
SB453-SSA1,7,147 59.70 (1) Building and sanitary codes. The board may enact building and
8sanitary codes, make necessary rules and regulations in relation thereto and provide
9for enforcement of the codes, rules and regulations by forfeiture or otherwise. The
10codes, rules and regulations do not apply within municipalities which have enacted
11ordinances or codes concerning the same subject matter. "Sanitary code" does not
12include a private sewage on-site wastewater treatment system ordinance enacted
13under sub. (5). "Building and sanitary codes" does not include well code ordinances
14enacted under sub. (6).
SB453-SSA1, s. 14 15Section 14. 59.70 (5) (title) of the statutes is amended to read:
SB453-SSA1,7,1716 59.70 (5) (title) Private sewage on-site wastewater treatment system
17ordinance.
SB453-SSA1, s. 15 18Section 15. 59.70 (5) (a) of the statutes is amended to read:
SB453-SSA1,8,319 59.70 (5) (a) Every governmental unit responsible for the regulation of private
20sewage on-site wastewater treatment systems, as defined under s. 145.01 (5), shall
21enact an ordinance governing private sewage on-site wastewater treatment
22systems, as defined in s. 145.01 (12), which conforms with the state plumbing code.
23The ordinance shall apply to the entire area of the governmental unit responsible for
24the regulation of private sewage on-site wastewater treatment systems, as defined
25under s. 145.01 (5). After July 1, 1980, no municipality may enact or enforce a

1private sewage on-site wastewater treatment system ordinance unless it is a
2governmental unit responsible for the regulation of private sewage on-site
3wastewater treatment systems
, as defined under s. 145.01 (5).
SB453-SSA1, s. 16 4Section 16. 59.70 (5) (b) of the statutes is amended to read:
SB453-SSA1,8,85 59.70 (5) (b) The governmental unit responsible for the regulation of private
6sewage on-site wastewater treatment systems, as defined under s. 145.01 (5), shall
7administer the private sewage on-site wastewater treatment system ordinance
8under s. 145.20 and the rules promulgated under s. 145.20.
SB453-SSA1, s. 17 9Section 17. 60.70 (5) of the statutes is amended to read:
SB453-SSA1,8,1110 60.70 (5) "Private sewage on-site wastewater treatment system" has the
11meaning given under s. 145.01 (12).
SB453-SSA1, s. 18 12Section 18. 60.72 (4) of the statutes is amended to read:
SB453-SSA1,8,1813 60.72 (4) Finding. Following the public hearing, the department shall
14determine if private sewage on-site wastewater treatment systems or private
15domestic water systems, or both, in the affected towns constitute a threat to public
16health, safety, convenience or welfare or of pollution of waters of the state, and that
17there is no local action to correct the situation. The department shall issue its
18determination as written findings.
Loading...
Loading...