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.
SB453-SSA1, s. 19 19Section 19. 60.726 (title) of the statutes is amended to read:
SB453-SSA1,8,21 2060.726 (title) Property with private sewage on-site wastewater
21treatment
system included.
SB453-SSA1, s. 20 22Section 20. 60.726 (2) of the statutes is amended to read:
SB453-SSA1,9,1423 60.726 (2) If a property owner installed on his or her property a private sewage
24on-site wastewater treatment system, as defined in s. 145.01 (12), that conforms
25with the state plumbing code, before a town sanitary district that encompasses that

1property came into existence, that property shall be included in the town sanitary
2district. If the private sewage on-site wastewater treatment system was installed
3on or after 10 years before May 14, 1992, and if the property owner provides the town
4sanitary district with any information about the cost of the private sewage on-site
5wastewater treatment
system required by the district, the town sanitary district,
6when the district issues any assessment or charges or imposes property taxes to
7construct a sewage service system, shall pay or credit the property owner an amount
8equal to 10% of the cost of the private sewage on-site wastewater treatment system,
9less any grants or aids received by the property owner for construction of the private
10sewage on-site wastewater treatment system, multiplied by the number of years of
11remaining life of the private sewage on-site wastewater treatment system. The
12number of years of remaining life of the private sewage on-site wastewater
13treatment
system is equal to 10 minus the number of years that the private sewage
14on-site wastewater treatment system has been in operation.
SB453-SSA1, s. 21 15Section 21. 60.77 (5) (b) of the statutes is amended to read:
SB453-SSA1,9,1716 60.77 (5) (b) Require the installation of private sewage on-site wastewater
17treatment
systems.
SB453-SSA1, s. 22 18Section 22. 60.77 (5) (bm) of the statutes is amended to read:
SB453-SSA1,9,2319 60.77 (5) (bm) Require the inspection of private sewage on-site wastewater
20treatment
systems that have been already installed to determine compliance with
21the state plumbing code and may report violations of the state plumbing code to the
22governmental unit responsible for the regulation of private sewage on-site
23wastewater treatment
systems for enforcement under s. 145.20.
SB453-SSA1, s. 23 24Section 23. 60.77 (5) (bs) of the statutes is amended to read:
SB453-SSA1,10,3
160.77 (5) (bs) Provide direct financial assistance for costs related to the
2replacement of private sewage on-site wastewater treatment systems, as defined in
3s. 145.01 (12),
that are failing.
SB453-SSA1, s. 24 4Section 24. 60.77 (5) (j) of the statutes is amended to read:
SB453-SSA1,10,65 60.77 (5) (j) Administer the private sewage on-site wastewater treatment
6system program if authorized under s. 145.20 (1) (am).
SB453-SSA1, s. 25 7Section 25. 101.01 (11) of the statutes is renumbered 101.01 (11) (intro.) and
8amended to read:
SB453-SSA1,10,229 101.01 (11) (intro.) "Place of employment" includes every place, whether
10indoors or out or underground and the premises appurtenant thereto where either
11temporarily or permanently any industry, trade, or business is carried on, or where
12any process or operation, directly or indirectly related to any industry, trade, or
13business, is carried on, and where any person is, directly or indirectly, employed by
14another for direct or indirect gain or profit, but does not include any place where
15persons are employed in private domestic service which does not involve the use of
16mechanical power or in farming. "Farming" includes those activities specified in s.
17102.04 (3), and also includes the transportation of farm products, supplies, or
18equipment directly to the farm by the operator of the farm or employees for use
19thereon, if such activities are directly or indirectly for the purpose of producing
20commodities for market, or as an accessory to such production. When used with
21relation to building codes, "place of employment" does not include an any of the
22following:
SB453-SSA1,10,23 23(a) An adult family home, as defined in s. 50.01 (1), or, except.
SB453-SSA1,11,3
1(b) Except for the purposes of s. 101.11, a previously constructed building used
2as a community-based residential facility, as defined in s. 50.01 (1g), which serves
320 or fewer residents who are not related to the operator or administrator.
SB453-SSA1, s. 26 4Section 26. 101.01 (11) (c) of the statutes is created to read:
SB453-SSA1,11,55 101.01 (11) (c) A home-based business, as defined by the department by rule.
SB453-SSA1, s. 27 6Section 27. 101.01 (12) of the statutes is renumbered 101.01 (12) (intro.) and
7amended to read:
SB453-SSA1,11,128 101.01 (12) (intro.) "Public building" means any structure, including exterior
9parts of such building, such as a porch, exterior platform, or steps providing means
10of ingress or egress, used in whole or in part as a place of resort, assemblage, lodging,
11trade, traffic, occupancy, or use by the public or by 3 or more tenants. When used in
12relation to building codes, "public building" does not include a any of the following:
SB453-SSA1,11,15 13(a) A previously constructed building used as a community-based residential
14facility as defined in s. 50.01 (1g) which serves 20 or fewer residents who are not
15related to the operator or administrator or an.
SB453-SSA1,11,16 16(b) An adult family home, as defined in s. 50.01 (1).
SB453-SSA1, s. 28 17Section 28. 101.01 (12) (c) of the statutes is created to read:
SB453-SSA1,11,1818 101.01 (12) (c) A home-based business, as defined by the department by rule.
SB453-SSA1, s. 29 19Section 29. 101.02 (20) (a) of the statutes, as affected by 2011 Wisconsin Act
2032
, is amended to read:
SB453-SSA1,12,321 101.02 (20) (a) For purposes of this subsection, "license" means a license,
22permit, or certificate of certification or registration issued by the department for an
23occupation or profession
under ss. s. 101.09 (3) (c), 101.122 (2) (c), 101.143 (2) (g),
24101.147, 101.15 (2) (e), 101.16 (3g), 101.17, 101.177 (4) (a), 101.178 (2) or (3) (a),
25101.63 (2) or (2m), 101.653, 101.73 (5) or (6), 101.82 (1m), (1v), and (2), 101.935,

1101.95, 101.951, 101.952, 101.96 (2), 101.985 (1) to (3), 145.02 (4), 145.035, 145.045,
2145.15, 145.16, 145.165, 145.17, 145.175, 145.18, or 167.10 (6m) or under rules
3promulgated under ch. 101 or 145
.
SB453-SSA1, s. 30 4Section 30. 101.02 (21) (a) of the statutes, as affected by 2011 Wisconsin Act
532
, is amended to read:
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