SB21,1320,1914 145.02 (4) (a) The department shall prescribe rules as to the qualifications,
15examination and licensing of master and journeyman plumbers and restricted
16plumber licensees, for the licensing of utility contractors, for the registration of
17plumbing apprentices and pipe layers and for the registration and training of
18registered learners. The plumbers council, created under s. 15.407 15.177 (16), shall
19advise the department in formulating the rules.
SB21,3457 20Section 3457. 145.045 (1) of the statutes is amended to read:
SB21,1321,421 145.045 (1) Powers and duties. The department shall by rule establish an
22examining program for the certification of soil testers, setting such standards as the
23department finds necessary to accomplish the purposes of this chapter. Such
24standards shall include formal written examinations for all applicants. The
25department shall charge applicants for the cost of examination and certification.

1After July 1, 1974, no person may construct soil bore holes or conduct soil percolation
2tests or other similar tests specified by the department of natural resources that
3relate to private on-site wastewater treatment systems unless the person holds a
4valid certificate issued under this section.
SB21,3458 5Section 3458. 145.045 (3) of the statutes is amended to read:
SB21,1321,106 145.045 (3) Plumbers and septic tank installers. A plumber or septic tank
7installer may also be a soil tester and install any system after approval of the site or
8project by the department of financial institutions and professional standards, the
9department of natural resources,
or the governmental unit responsible for the
10regulation of private on-site wastewater treatment systems.
SB21,3459 11Section 3459. 145.17 (2) of the statutes is amended to read:
SB21,1321,1712 145.17 (2) The department shall prescribe rules as to the qualifications,
13examination and licensing of journeymen automatic fire sprinkler system fitters and
14automatic fire sprinkler contractors and for the registration and training of
15automatic fire sprinkler system apprentices. The automatic fire sprinkler system
16contractors and journeymen council, created under s. 15.407 15.177 (17), shall advise
17the department in formulating the rules.
SB21,3460 18Section 3460. 145.19 (1b) of the statutes is amended to read:
SB21,1321,2219 145.19 (1b) Definition. In this section, "sanitary permit" means a permit
20authorizing the installation of a private on-site wastewater treatment system that
21is issued by the department of natural resources or any governmental unit
22responsible for the regulation of private on-site wastewater treatment systems.
SB21,3461 23Section 3461. 145.19 (1m) of the statutes is amended to read:
SB21,1322,424 145.19 (1m) Application process. The department of natural resources shall
25prescribe the information to be included in an application for a sanitary permit. The

1applicant shall submit the completed application for a sanitary permit to the
2governmental unit. The governmental unit shall approve or disapprove the sanitary
3permit according to the rules promulgated by the department of natural resources
4under this chapter.
SB21,3462 5Section 3462. 145.19 (2) of the statutes is amended to read:
SB21,1322,126 145.19 (2) Fee. No fee for a sanitary permit may be less than the amount
7determined under by the department of natural resources by rule. The governing
8body for the governmental unit responsible for the regulation of private on-site
9wastewater treatment systems may establish a fee for a sanitary permit which is
10more than the amount determined under by the department of natural resources by
11rule. A governmental unit may not charge more than one fee for a sanitary permit
12or the renewal of a sanitary permit in any 12-month period.
SB21,3463 13Section 3463. 145.19 (3) of the statutes is amended to read:
SB21,1322,2314 145.19 (3) Fees and records of permits forwarded to the department of
15natural resources
. The governmental unit responsible for the regulation of private
16on-site wastewater treatment systems shall forward to the department of natural
17resources
within 90 days after each valid permit is issued a portion of the fee, as
18determined under by the department of natural resources by rule. The
19governmental unit shall also compile a periodic summary of the permits that it has
20issued. The summary shall contain the information required by the department of
21natural resources
by rule, and shall be submitted by the governmental unit to the
22department of natural resources at intervals to be determined by the department of
23natural resources
by rule.
SB21,3464 24Section 3464. 145.19 (6) of the statutes is amended to read:
SB21,1323,6
1145.19 (6) Groundwater fee. In addition to the fee under sub. (2), the
2governmental unit responsible for the regulation of private on-site wastewater
3treatment systems shall collect a groundwater fee of $25 for each sanitary permit.
4The governmental unit shall forward this fee to the department of natural resources
5together with the fee under sub. (3). The moneys collected under this subsection
6shall be credited to the environmental fund for environmental management.
SB21,3465 7Section 3465. 145.20 (2) (e) of the statutes is amended to read:
SB21,1323,108 145.20 (2) (e) File reports and conduct surveys and inspections as required by
9the governmental unit responsible for the regulation of private on-site wastewater
10treatment systems or the department of natural resources.
SB21,3466 11Section 3466. 145.20 (2) (g) of the statutes is amended to read:
SB21,1323,1512 145.20 (2) (g) Perform other duties regarding private on-site wastewater
13treatment systems as considered appropriate by the governmental unit responsible
14for the regulation of private on-site wastewater treatment systems or as required by
15the rules of the department of natural resources.
SB21,3467 16Section 3467. 145.20 (3) (title) of the statutes is amended to read:
SB21,1323,1717 145.20 (3) (title) Department of natural resources responsibilities.
SB21,3468 18Section 3468. 145.20 (3) (a) 1. of the statutes is amended to read:
SB21,1323,2319 145.20 (3) (a) 1. The department of natural resources may specify categories
20of private on-site wastewater treatment systems for which approval by the
21department of natural resources is required prior to issuance of sanitary permits by
22the governmental unit responsible for the regulation of private on-site wastewater
23treatment systems.
SB21,3469 24Section 3469. 145.20 (3) (a) 2. of the statutes is amended to read:
SB21,1324,17
1145.20 (3) (a) 2. The department of natural resources may exempt a
2governmental unit from any category of private on-site wastewater treatment
3systems for which departmental approval by the department of natural resources is
4required prior to sanitary permit issuance under subd. 1., upon a determination, in
5accordance with rules promulgated by the department of natural resources, that past
6performance of the governmental unit on reviews and audits under par. (b) has been
7satisfactory and that the governmental unit has the capacity to give the same level
8of application and plan review as that provided by the department of natural
9resources
. The department of natural resources may revoke an exemption upon a
10finding that performance of the governmental unit on a review or audit conducted
11subsequent to the granting of the exemption is unsatisfactory or that the
12governmental unit is not giving the same level of application and plan review as that
13provided by the department of natural resources. Findings in a revocation action
14may be made only after a public hearing upon 30 days' advance notice to the clerk
15of the governmental unit. The department of natural resources shall submit a report
16under s.13.172 (2) to the chief clerk of each house of the legislature, at the beginning
17of each legislative session, describing the exemptions under this subdivision.
SB21,3470 18Section 3470. 145.20 (3) (b) of the statutes is amended to read:
SB21,1324,2419 145.20 (3) (b) The department of natural resources shall review the private
20on-site wastewater treatment system program in each governmental unit
21responsible for the regulation of private on-site wastewater treatment systems to
22ascertain compliance with sub. (2) and with regulations issued by the department of
23natural resources
. This review shall include a random audit of sanitary permits,
24including verification by on-site inspection.
SB21,3471 25Section 3471. 145.20 (3) (c) of the statutes is amended to read:
SB21,1325,13
1145.20 (3) (c) If the governing body for a governmental unit responsible for the
2regulation of private on-site wastewater treatment systems does not adopt a private
3on-site wastewater treatment system ordinance meeting the requirements of s.
459.70 (5) or if the governmental unit does not appoint personnel meeting the
5requirements of sub. (1) or if the governmental unit does not comply with the
6requirements of sub. (2) or s. 145.19 (3), the department of natural resources may
7conduct hearings in the county seat upon 30 days' notice to the county clerk. As soon
8as practicable after the public hearing, the department of natural resources shall
9issue a written decision regarding compliance with s. 59.70 (5) or 145.19 (3) or sub.
10(1) or (2). If the department of natural resources determines that there is a violation
11of these provisions, the governmental unit may not issue a sanitary permit for the
12installation of a private on-site wastewater treatment system until the violation is
13corrected.
SB21,3472 14Section 3472. 145.20 (3) (d) of the statutes is amended to read:
SB21,1325,2315 145.20 (3) (d) The department of natural resources shall conduct training and
16informational programs for officials of the governmental unit responsible for the
17regulation of private on-site wastewater treatment systems and employees and
18persons licensed under this chapter and s. 281.48 and certified as operators of
19septage servicing vehicles under s. 281.17 (3) to improve the delivery of service under
20the private on-site wastewater treatment system program. The department of
21natural resources
shall obtain the assistance of the Wisconsin counties association,
22and may consult with the department of financial institutions and professional
23standards,
in planning and conducting the training and informational programs.
SB21,3473 24Section 3473. 145.20 (5) (a) of the statutes is amended to read:
SB21,1326,14
1145.20 (5) (a) The department shall establish a maintenance program to be
2administered by governmental units responsible for the regulation of private on-site
3wastewater treatment systems. The department shall determine the private on-site
4wastewater treatment systems to which the maintenance program applies. At a
5minimum the maintenance program is applicable to all new or replacement private
6on-site wastewater treatment systems constructed in a governmental unit after the
7date on which the governmental unit adopts this program. The department may
8apply the maintenance program by rule to private on-site wastewater treatment
9systems constructed in a governmental unit responsible for the regulation of private
10on-site wastewater treatment systems on or before the date on which the
11governmental unit adopts the program. The department shall determine the private
12on-site wastewater treatment systems to which the maintenance program applies
13in governmental units that do not meet the conditions for eligibility under s. 145.245
14(9).
SB21,3474 15Section 3474 . 145.20 (5) (a) of the statutes, as affected by 2015 Wisconsin Act
16.... (this act), is amended to read:
SB21,1327,317 145.20 (5) (a) The department of natural resources shall establish a
18maintenance program to be administered by governmental units responsible for the
19regulation of private on-site wastewater treatment systems. The department of
20natural resources
shall determine the private on-site wastewater treatment
21systems to which the maintenance program applies. At a minimum the maintenance
22program is applicable to all new or replacement private on-site wastewater
23treatment systems constructed in a governmental unit after the date on which the
24governmental unit adopts this program. The department of natural resources may
25apply the maintenance program by rule to private on-site wastewater treatment

1systems constructed in a governmental unit responsible for the regulation of private
2on-site wastewater treatment systems on or before the date on which the
3governmental unit adopts the program.
SB21,3475 4Section 3475. 145.20 (5) (am) of the statutes is amended to read:
SB21,1327,125 145.20 (5) (am) Each governmental unit responsible for the regulation of
6private on-site wastewater treatment systems shall adopt and begin the
7administration of the program established under par. (a) before October 1, 2019. As
8part of adopting and administering the program, the governmental unit shall
9conduct and maintain an inventory of all the private on-site wastewater treatment
10systems located in the governmental unit and shall complete the initial inventory
11before October 1, 2017. In order to be eligible for grant funding under s. 145.245, a
12governmental unit must comply with these deadlines.
SB21,3476 13Section 3476. 145.20 (5) (b) of the statutes is amended to read:
SB21,1328,214 145.20 (5) (b) The maintenance program shall include a requirement of
15inspection or pumping of the private on-site wastewater treatment system at least
16once every 3 years if the private on-site wastewater treatment system does not have
17a maintenance plan as prescribed by rule by the department of natural resources.
18Inspections may be conducted by a master plumber, journeyman plumber or
19restricted plumber licensed under this chapter, a person licensed under s. 281.48 or
20by an employee of the state or governmental unit designated by the department of
21natural resources
, and the department of natural resources may determine by rule
22other persons who are qualified to undertake required inspection, maintenance, or
23repairs. The department of natural resources shall specify the methods to establish
24the required frequency of inspection, maintenance, and pumping for each type of

1private on-site wastewater treatment system that does not have a maintenance plan
2and shall periodically update the methods.
SB21,3477 3Section 3477. 145.20 (5) (c) of the statutes is amended to read:
SB21,1328,104 145.20 (5) (c) The department of natural resources may suspend or revoke a
5license issued under s. 281.48 or a certificate issued under s. 281.17 (3) to the
6operator of a septage servicing vehicle if the department of natural resources finds
7that the licensee or operator falsified information on inspection forms. The
8department of safety and professional services may suspend or revoke the license of
9a plumber licensed under this chapter if the department finds that the plumber
10falsified information on inspection forms.
SB21,3478 11Section 3478. 145.23 of the statutes is amended to read:
SB21,1328,17 12145.23 Rules. The department of natural resources may make and enforce
13rules relating to lot size and lot elevation necessary for proper sanitary conditions
14in the development and maintenance of subdivisions not served by a public sewer,
15where provision for such service has not been made. The department of natural
16resources may consult with the department of financial institutions and professional
17standards in promulgating rules under this section.
SB21,3479 18Section 3479. 145.24 (1) of the statutes is amended to read:
SB21,1328,2319 145.24 (1) If an existing private on-site wastewater treatment system either
20is not located in soil meeting the siting standards or is not constructed in accordance
21with design standards promulgated under s. 145.02 or 145.13, the owner of the
22private on-site wastewater treatment system may petition the department of
23natural resources
for a variance to the siting or design standards.
SB21,3480 24Section 3480. 145.24 (2) of the statutes is amended to read:
SB21,1329,3
1145.24 (2) The department of natural resources shall establish procedures for
2the review and evaluation of existing private on-site wastewater treatment systems
3which do not comply with siting or design standards.
SB21,3481 4Section 3481. 145.24 (3) of the statutes is amended to read:
SB21,1329,165 145.24 (3) Upon receipt of a petition for a variance, the department of natural
6resources
shall require the owner of the private on-site wastewater treatment
7system to submit information necessary to evaluate the request for a variance. If the
8department of natural resources determines that the existing private on-site
9wastewater treatment system is not a failing private on-site wastewater treatment
10system, and continued use of the existing private on-site wastewater treatment
11system will not pose a threat of contamination of waters of the state, then the
12department of natural resources may issue a variance to allow continued use of the
13existing private on-site wastewater treatment system. The department of natural
14resources
shall rescind the variance if the existing private on-site wastewater
15treatment system becomes a failing private on-site wastewater treatment system or
16contaminates waters of the state.
SB21,3482 17Section 3482. 145.245 of the statutes is repealed.
SB21,3483 18Section 3483. 146.82 (1) of the statutes is amended to read:
SB21,1330,219 146.82 (1) Confidentiality. All patient health care records shall remain
20confidential. Patient health care records may be released only to the persons
21designated in this section or to other persons with the informed consent of the patient
22or of a person authorized by the patient. This subsection does not prohibit reports
23made in compliance with s. 253.12 (2), 255.40, or 979.01; records generated or
24disclosed pursuant to rules promulgated under s. 450.19 961.385; testimony
25authorized under s. 905.04 (4) (h); or releases made for purposes of health care

1operations, as defined in 45 CFR 164.501, and as authorized under 45 CFR 164,
2subpart E.
SB21,3484 3Section 3484. 153.60 (intro.) and (1) of the statutes are consolidated,
4renumbered 153.60 and amended to read:
SB21,1330,24 5153.60 Assessments to fund operations of department Department
6expenditure estimate
. Subject to s. 153.455: (1) The, the department shall, by
7the first October 1 after the commencement of each fiscal year, estimate the total
8amount of expenditures under this subchapter for the department for that fiscal year
9for data collection, database development and maintenance, generation of data files
10and standard reports, orientation and training provided under s. 153.05 (9) (a) and
11contracting with the data organization under s. 153.05 (2r). The department shall
12assess the estimated total amount for that fiscal year, less the estimated total
13amount to be received for purposes of administration of this subchapter under s.
1420.435 (1) (hi) during the fiscal year and the unencumbered balance of the amount
15received for purposes of administration of this subchapter under s. 20.435 (1) (hi)
16from the prior fiscal year, to health care providers, other than hospitals and
17ambulatory surgery centers, who are in a class of health care providers from whom
18the department collects data under this subchapter in a manner specified by the
19department by rule. The department shall work together with the department of
20safety and professional services to develop a mechanism for collecting assessments
21from health care providers other than hospitals and ambulatory surgery centers. No
22health care provider that is not a facility may be assessed under this subsection an
23amount that exceeds $75 per fiscal year. All payments of assessments shall be
24credited to the appropriation under s. 20.435 (1) (hg).
SB21,3485 25Section 3485. 157.02 (3) of the statutes is amended to read:
SB21,1331,9
1157.02 (3) Notice to university or school. If the corpse is in the Mendota
2Mental Health Institute district, the University of Wisconsin System Authority shall
3be notified that it may have the corpse. If the corpse is in the Winnebago Mental
4Health Institute district, the Medical College of Wisconsin, Inc., or any accredited
5school of mortuary science at Milwaukee shall be notified that it may have the corpse.
6The university or school so notified shall immediately inform the superintendent or
7public officer whether it desires to have the corpse. If it does, the corpse shall be
8delivered accordingly, properly encased, to the most available facility for
9transportation to the consignee, the consignee to pay the cost of transportation.
SB21,3486 10Section 3486. 157.061 (2g) of the statutes is amended to read:
SB21,1331,1211 157.061 (2g) "Cemetery board" means the board created in s. 15.405 15.175
12(3m).
SB21,3487 13Section 3487. 157.062 (1) of the statutes is amended to read:
SB21,1331,2314 157.062 (1) Organization. Seven or more residents of the same county may
15form a cemetery association. They shall meet, select a chairperson and secretary,
16choose a name, fix the annual meeting date, and elect by ballot not less than 3 nor
17more than 9 trustees whom the chairperson and secretary shall immediately divide
18by lot into 3 classes, who shall hold their offices for 1, 2, and 3 years, respectively.
19Within 3 days, the chairperson and secretary shall certify the corporate name, the
20names, home addresses and business addresses of the organizers and of the trustees,
21and their classification, and the annual meeting date acknowledged by them, and,
22except as provided in sub. (9), deliver the certification to the department of financial
23institutions
. The association then has the powers of a corporation.
SB21,3488 24Section 3488. 157.062 (2) of the statutes is amended to read:
SB21,1332,6
1157.062 (2) Amendments. The association may change its name, the number
2of trustees or the annual meeting date by resolution at an annual meeting, or special
3meeting called for such purpose, by a majority vote of the members present, and,
4except as provided in sub. (9), by delivering to the department of financial
5institutions
a copy of the resolution, with the date of adoption, certified by the
6president and secretary or corresponding officers.
SB21,3489 7Section 3489. 157.062 (6) (b) of the statutes is amended to read:
SB21,1332,228 157.062 (6) (b) If an association that has been dissolved under par. (a), or any
9group that was never properly organized as a cemetery association, has cemetery
10grounds and human remains are buried in the cemetery grounds, 5 or more
11members, or persons interested as determined by order of the circuit judge under par.
12(c), may publish a class 3 notice, under ch. 985, in the municipality in which the
13cemetery is located, of the time, place, and object of the meeting, assemble and
14reorganize by the election of trustees and divide them into classes as provided in sub.
15(1), the commencement of the terms to be computed from the next annual meeting
16date. The secretary shall enter the proceedings of the meeting on the records. The
17association is reorganized upon delivery of a copy of the proceedings to the
18department of financial institutions, except as provided in sub. (9). Upon
19reorganization, the title to the cemetery grounds, trust funds, and all other property
20of the association or group vests in the reorganized association, under the control of
21the trustees. The reorganized association may continue the name of the dissolved
22association or may adopt a new name.
SB21,3490 23Section 3490. 157.062 (6m) of the statutes is amended to read:
SB21,1332,2524 157.062 (6m) Forms. The department of financial institutions may prescribe
25and furnish forms for providing the information required under subs. (1) to (6).
SB21,3491
1Section 3491. 157.062 (9) of the statutes is amended to read:
SB21,1333,72 157.062 (9) Exemptions for certain cemeteries. In lieu of delivering a
3certification, resolution, or copy of proceedings to the department of financial
4institutions
under sub. (1), (2), or (6) (b), a cemetery association that is not required
5to be licensed under s. 440.91 (1) or registered under s. 440.91 (1m) shall deliver the
6certification, resolution, or copy of proceedings to the office of the register of deeds
7of the county in which the cemetery is located.
SB21,3492 8Section 3492. 157.064 (7) of the statutes is amended to read:
SB21,1333,139 157.064 (7) Not more than 30 days after a transfer under sub. (6), the
10transferring association shall notify the department of financial institutions in
11writing of the transfer, including the name and address of the accepting association
12or its treasurer. The department of financial institutions may prescribe and furnish
13forms for providing the information required under this subsection.
SB21,3493 14Section 3493. 157.11 (9m) of the statutes is amended to read:
SB21,1333,1815 157.11 (9m) Action by district attorney. If any money or property is not
16turned over when required by this section, or default occurs under a bond, the district
17attorney, upon the request of the department of safety and professional services,
18shall bring action to recover.
SB21,3494 19Section 3494. 157.12 (3) (b) of the statutes is amended to read:
SB21,1334,420 157.12 (3) (b) The cemetery's treasurer is the custodian of the fund. The
21treasurer shall file with the cemetery, at the cemetery's expense, a bond with sureties
22approved by the department of safety and professional services to indemnify the
23cemetery against loss if the treasurer fails to maintain the fund. No indemnity is
24required if the terms of sale of a mausoleum space require the purchaser to pay
25directly to a trust company in the state, designated by the cemetery as custodian of

1the fund. The fund shall be invested as provided in s. 157.19. Income from
2investment may be used only to maintain the mausoleum, except that if the amount
3of income exceeds the amount necessary to properly maintain the mausoleum the
4excess amount may be used to maintain any portion of the cemetery.
SB21,3495 5Section 3495. 157.62 (1) (a) (intro.) of the statutes is amended to read:
SB21,1334,116 157.62 (1) (a) (intro.) Except as provided in par. (b) and s. 157.625, every
7cemetery association shall file an annual report with the department of financial
8institutions
. The report shall be made on a calendar-year basis unless the
9department of financial institutions, by rule, provides for other reporting periods.
10The report is due on the 60th day after the last day of the reporting period. The
11annual report shall include all of the following:
SB21,3496 12Section 3496. 157.62 (1) (c) of the statutes is amended to read:
SB21,1334,1713 157.62 (1) (c) The department of financial institutions may prescribe and
14furnish forms for reports required under this subsection. If the department of
15financial institutions
prescribes forms under this paragraph, the department of
16financial institutions
shall mail the forms to cemetery associations required to file
17under par. (a) no later than 60 days before the reports are due.
SB21,3497 18Section 3497. 157.65 (1) (a) of the statutes is amended to read:
SB21,1334,2319 157.65 (1) (a) If the department of safety and professional services has reason
20to believe that any person is violating or has violated this subchapter or any rule
21promulgated under this subchapter and that the continuation of that activity might
22cause injury to the public interest, the department of safety and professional services
23may investigate.
SB21,3498 24Section 3498. 157.65 (1) (b) of the statutes is amended to read:
SB21,1335,4
1157.65 (1) (b) If the department of safety and professional services has reason
2to believe that any person is violating s. 157.12 or any rule promulgated under s.
3157.12 and that the continuation of that activity might cause injury to the public
4interest, the department of safety and professional services may investigate.
SB21,3499 5Section 3499. 157.65 (2) of the statutes is amended to read:
SB21,1335,166 157.65 (2) The department of justice or any district attorney, upon informing
7the department of justice, may commence an action in circuit court in the name of
8the state to restrain by temporary or permanent injunction any violation of this
9subchapter. The court may, prior to entry of final judgment, make such orders or
10judgments as may be necessary to restore to any person any pecuniary loss suffered
11because of the acts or practices involved in the action, if proof of such loss is submitted
12to the satisfaction of the court. The department of justice may subpoena persons and
13require the production of books and other documents, and may request the board
14described in s. 15.405 15.175 (3m) or the department of safety and professional
15services
to exercise its authority under sub. (1) to aid in the investigation of alleged
16violations of this subchapter.
SB21,3500 17Section 3500. 160.50 (1m) of the statutes is repealed.
SB21,3501 18Section 3501. 165.055 (3) of the statutes is created to read:
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