SB698: Bill Text

Reorganization of Plumbing, Fire Protection Systems, and Swimming Pool Plan Review Law

The bill reorganizes the statutes so that the laws related to plumbing, fire protection systems, and swimming pool plan review are located in a separate subchapter within the chapter that covers regulation of industry, buildings, and safety.

Mandatory Meeting Requirements

The bill eliminates mandatory annual and semiannual meeting requirements of the examining boards, affiliated credentialing boards, and other boards and councils under DSPS, except for the Medical Examining Board, which is required to meet 12 times each year. Instead, under the bill, those boards and councils are generally required to meet on the call of the chairperson or a majority of the members of the board or council.

Administrative Warnings

The bill provides that DSPS and the examining boards, affiliated credentialing boards, and other boards under DSPS that have disciplinary authority over professional credential holders may issue an administrative warning regardless of whether the minor violation for which the administrative warning is issued is a first occurrence for the credential holder. Under current law, an administrative warning may be issued only if DSPS or the relevant board finds that the professional credential holder's violation is a first occurrence of a minor violation.

Compounded Interest Charged for Costs of Disciplinary Proceedings

The bill provides that the interest charged for costs of disciplinary proceedings is compounded annually. Under current law, DSPS and the examining boards, affiliated credentialing boards, and other boards under DSPS that have disciplinary authority over professional credential holders may charge the credential holder for all or a part of the costs of a disciplinary proceeding involving that credential holder. Interest upon those costs accrues at the rate of 12 percent annually.

Registration of Licensed Medical Professionals

The bill removes the specific time by which a licensed physician or other credentialed medical professional must register with the Medical Examining Board. Under current law, each licensed physician or other credentialed medical professional must register with the board by November 1 of each odd-numbered year following initial licensure. Under the bill, the board determines the time and manner of registration.

Jurisprudence Examination for Funeral Directors

The bill requires 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.

Elimination of Degree Requirement for Sitting for Certain Exams

The bill eliminates certain prerequisite degree requirements to sit for an examination for licensure by the Marriage and Family Therapy, Professional Counseling, and Social Work Examining Board. The bill does not alter the education requirements for licensure by that board, but, instead, allows applicants for licensure to take the examination before completion of those education requirements.

Because this bill directly or substantially affects the development, construction, cost or availability of housing in this state, the Department of Administration, as required by law, will prepare a report to be printed as an appendix to this bill.

For further information see the state 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:

SB698,1 Section 1. 15.07 (3) (b) of the statutes is amended to read:

SB698,8,6 15.07 (3) (b) Except as provided in par. pars. (bm) and (c), each board not covered under par. (a) shall meet annually, and may meet at other times on the call of the chairperson or a majority of its members. The auctioneer board, the cemetery board, and the real estate appraisers board shall also meet on the call of the secretary of safety and professional services or his or her designee within the department.

SB698,2 Section 2. 15.07 (3) (bm) 3. of the statutes is repealed.

SB698,3 Section 3. 15.07 (3) (bm) 6. of the statutes is repealed.

SB698,4 Section 4. 15.07 (3) (c) of the statutes is created to read:

SB698,8,15 15.07 (3) (c) Paragraph (b) does not apply to a board in the department of safety and professional services. A board in the department of safety and professional services shall meet on the call of the chairperson or a majority of its members. The auctioneer board, the cemetery board, and the real estate appraisers board shall also meet on the call of the secretary of safety and professional services or his or her designee within the department.

SB698,5 Section 5. 15.08 (3) (a) of the statutes is amended to read:

SB698,8,18 15.08 (3) (a) Every examining board shall meet annually and may meet at other times on the call of the chairperson or of a majority of its members.

SB698,6 Section 6. 15.08 (3) (c) of the statutes is repealed.

SB698,7 Section 7. 15.085 (3) (a) of the statutes is renumbered 15.085 (3) and amended to read:

SB698,8,24 15.085 (3) Frequency of meetings. Every affiliated credentialing board shall meet annually and may meet at other times on the call of the chairperson or of a majority of its members.

SB698,8 Section 8. 15.085 (3) (b) of the statutes is repealed.

SB698,9 Section 9. 15.085 (5) (b) 1. of the statutes is amended to read:

SB698,9,6 15.085 (5) (b) 1. Submit the proposed rule to the examining board to which the affiliated credentialing board is attached. The proposed rule shall be submitted under this subdivision at least 60 days before the proposed rule is submitted to the legislative council staff under s. 227.15 (1), except that the medical examining board may waive that 60-day waiting period.

SB698,10 Section 10. 15.09 (3) of the statutes is renumbered 15.09 (3) (a) and amended to read:

SB698,9,12 15.09 (3) (a) Unless otherwise provided by law, and except as provided in par. (b), every council shall meet at least annually and shall also meet on the call of the head of the department or independent agency in which it is created, and may meet at other times on the call of the chairperson or a majority of its members. A

SB698,9,16 (c) Unless otherwise provided by law, a council shall meet at such locations as may be determined by it unless the constitutional officer or secretary heading the department or the chief executive officer of the independent agency in which it is created determines a specific meeting place.

SB698,11 Section 11. 15.09 (3) (b) of the statutes is created to read:

SB698,9,22 15.09 (3) (b) Paragraph (a) does not apply to a council in the department of safety and professional services. Unless otherwise provided by law, a council in the department of safety and professional services shall meet on the call of the secretary of safety and professional services or on the call of the chairperson or a majority of its members.

SB698,12 Section 12. 15.405 (1m) of the statutes is repealed.

SB698,13 Section 13. 15.405 (2) (a) of the statutes is amended to read:

SB698,10,6 15.405 (2) (a) In operation, the examining board shall be divided into an architect section, a landscape architect section, a professional engineer section, a designer section, and a professional land surveyor section. Each section shall consist of the 3 members of the named profession appointed to the examining board and 2 public members appointed to the section. The examining board shall elect its own officers and shall meet at least twice annually.

SB698,14 Section 14. 15.405 (2m) (b) of the statutes is amended to read:

SB698,10,13 15.405 (2m) (b) In operation, the examining board shall be divided into a professional geologist section, a professional hydrologist section , and a professional soil scientist section. Each section shall consist of the 3 members of the named profession appointed to the examining board and one public member appointed to the section. The examining board shall elect its own officers, and shall meet at least twice annually.

SB698,15 Section 15. 15.405 (10r) (b) of the statutes is amended to read:

SB698,10,21 15.405 (10r) (b) Of the All appraiser members of the board, one shall be certified under s. 458.06 as a general appraiser, one shall be certified under s. 458.06 as a residential appraiser and one shall be or licensed under s. 458.08 as an appraiser. No public member of the board may be connected with or have any financial interest in an appraisal business or in any other real estate-related business. Section 15.08 (1m) (am) applies to the public members of the board. No member of the board may serve more than 2 consecutive terms.

SB698,16 Section 16. 15.405 (10r) (c) of the statutes is repealed.

SB698,17 Section 17. 15.406 (6) (a) 2. of the statutes is amended to read:

SB698,10,25 15.406 (6) (a) 2. One public member who satisfies the requirements under s. 460.03 (2m) (b).

SB698,18 Section 18. 15.407 (10) (b) of the statutes is amended to read:

SB698,11,7 15.407 (10) (b) An employee of the department of safety and professional services designated by the secretary of safety and professional services shall serve as secretary, but shall not be a member, of the uniform dwelling code council. The council shall meet at least twice a year. Seven members of the uniform dwelling code council shall constitute a quorum. For the purpose of conducting business a majority vote of the uniform dwelling code council is required.

SB698,19 Section 19. 15.407 (13) (b) of the statutes is amended to read:

SB698,11,12 15.407 (13) (b) The council shall meet at least twice a year. An employee of the department of safety and professional services designated by the secretary of the department safety and professional services shall serve as nonvoting secretary of the manufactured housing code council.

SB698,20 Section 20. 15.407 (14) (b) of the statutes is amended to read:

SB698,11,17 15.407 (14) (b) The council shall meet at least twice a year. The employee of the department of safety and professional services designated by the secretary of safety and professional services under par. (a) 10. shall serve as nonvoting secretary of the conveyance safety code council.

SB698,21 Section 21. 15.407 (18) (c) of the statutes is repealed.

SB698,22 Section 22. 20.165 (2) (a) of the statutes is amended to read:

SB698,11,22 20.165 (2) (a) General program operations. The amounts in the schedule for general program operations relating to the regulation of industry, buildings, and safety under chs. 101, and 107, and 145 and ss. 167.10 and 167.27.

SB698,23 Section 23. 20.165 (2) (j) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

SB698,12,8 20.165 (2) (j) Safety and building operations. The amounts in the schedule for the purposes of chs. ch. 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 subch. VIII of ch. 101, 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.

SB698,24 Section 24. 20.165 (2) (ke) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

SB698,12,15 20.165 (2) (ke) Private on-site wastewater treatment system replacement and rehabilitation. As a continuing appropriation, the amounts in the schedule for financial assistance under the private on-site wastewater treatment system replacement and rehabilitation program under s. 145.245 101.9937. All moneys transferred from par. (j) shall be credited to this appropriation account.

SB698,25 Section 25. 20.165 (2) (ma) of the statutes is amended to read:

SB698,12,21 20.165 (2) (ma) Federal aid-program administration. All moneys received from the federal government, as authorized by the governor under s. 16.54, to fund the state's administrative costs for general program operations relating to the regulation of industry, buildings and safety under chs. 101, and 107, and 145 and ss. 32.19 to 32.27, 167.10, and 167.27.

SB698,26 Section 26. 20.320 (3) (q) of the statutes is amended to read:

SB698,13,2 20.320 (3) (q) Private on-site wastewater treatment system loans. From the environmental improvement fund, as a continuing appropriation, the amounts in the schedule for private on-site wastewater treatment system replacement or rehabilitation loans under s. 145.245 101.9937 (12m).

SB698,27 Section 27. 25.46 (5c) of the statutes is amended to read:

SB698,13,5 25.46 (5c) The moneys collected under s. 145.19 101.9932 (6) for environmental management.

SB698,28 Section 28. 43.09 (1) of the statutes is amended to read:

SB698,13,16 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.

SB698,29 Section 29. 45.44 (1) (a) 6. of the statutes is amended to read:

SB698,13,19 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.

SB698,30 Section 30. 45.44 (1) (a) 16. of the statutes is amended to read:

SB698,13,22 45.44 (1) (a) 16. A license, permit, or certificate of certification or registration issued under chs. 440 to 480 credential, as defined in s. 440.01 (2) (a).

SB698,31 Section 31. 49.857 (1) (b) of the statutes is amended to read:

SB698,13,25 49.857 (1) (b) "Credential" means a license, permit, certificate or registration that is granted under chs. 440 to 480 has the meaning given in s. 440.01 (2) (a).

SB698,32 Section 32. 49.857 (1) (d) 7. of the statutes is amended to read:

SB698,14,3 49.857 (1) (d) 7. A An occupational license, permit or certificate of certification or registration specified as defined in s. 101.02 (21) (1) (a) 2.

SB698,33 Section 33. 59.70 (5) (a) of the statutes is amended to read:

SB698,14,14 59.70 (5) (a) Every governmental unit responsible for the regulation of private on-site wastewater treatment systems, as defined under s. 145.01 101.9911 (5), shall enact an ordinance governing private on-site wastewater treatment systems, as defined in s. 145.01 101.9911 (12), which conforms with the state plumbing code. The ordinance shall apply to the entire area of the governmental unit responsible for the regulation of private on-site wastewater treatment systems, as defined under s. 145.01 101.9911 (5). After July 1, 1980, no municipality may enact or enforce a private on-site wastewater treatment system ordinance unless it is a governmental unit responsible for the regulation of private on-site wastewater treatment systems, as defined under s. 145.01 101.9911 (5).

SB698,34 Section 34. 59.70 (5) (b) of the statutes is amended to read:

SB698,14,19 59.70 (5) (b) The governmental unit responsible for the regulation of private on-site wastewater treatment systems, as defined under s. 145.01 101.9911 (5), shall administer the private on-site wastewater treatment system ordinance under s. 145.20 101.9934 and the rules promulgated under s. 145.20 101.9934.

SB698,35 Section 35. 60.70 (5) of the statutes is amended to read:

SB698,14,22 60.70 (5) "Private on-site wastewater treatment system" has the meaning given under s. 145.01 101.9911 (12).

SB698,36 Section 36. 60.77 (5) (bm) of the statutes is amended to read:

SB698,15,3 60.77 (5) (bm) Require the inspection of private on-site wastewater treatment systems that have been already installed to determine compliance with the state plumbing code and may report violations of the state plumbing code to the governmental unit responsible for the regulation of private on-site wastewater treatment systems for enforcement under s. 145.20 101.9934.

SB698,37 Section 37. 60.77 (5) (j) of the statutes is amended to read:

SB698,15,6 60.77 (5) (j) Administer the private on-site wastewater treatment system program if authorized under s. 145.20 101.9934 (1) (am).

SB698,38 Section 38. 66.1019 (3) of the statutes is repealed.

SB698,39 Section 39. 67.12 (12) (a) of the statutes is amended to read:

SB698,15,19 67.12 (12) (a) Any municipality may issue promissory notes as evidence of indebtedness for any public purpose, as defined in s. 67.04 (1) (b), including but not limited to paying any general and current municipal expense, and refunding any municipal obligations, including interest on them. Each note, plus interest if any, shall be repaid within 10 years after the original date of the note, except that notes issued under this section for purposes of ss. 101.9937 (12m), 119.498, 145.245 (12m), 281.58, 281.59, 281.60, 281.61, and 292.72, issued to raise funds to pay a portion of the capital costs of a metropolitan sewerage district, or issued by a 1st class city or a county having a population of 500,000 or more, to pay unfunded prior service liability with respect to an employee retirement system, shall be repaid within 20 years after the original date of the note.