AB905: Bill Text

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The bill repeals an outdated requirement under the aging schools program that DSPS inspect all public schools constructed prior to January 1, 1950, for compliance with certain safety and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:

AB905,5,24 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).

AB905,6 Section 6. 49.857 (1) (b) of the statutes is amended to read:

AB905,6,2 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).

AB905,7 Section 7. 49.857 (1) (d) 7. of the statutes is amended to read:

AB905,6,5 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.

AB905,8 Section 8. 66.1019 (3) of the statutes is repealed.

AB905,9 Section 9. 73.0301 (1) (d) 5. of the statutes is amended to read:

AB905,6,9 73.0301 (1) (d) 5. A An occupational license, as defined in s. 101.02 (20) (1) (a) 2.

AB905,10 Section 10. 100.21 (1) (a) of the statutes is amended to read:

AB905,6,14 100.21 (1) (a) “Dwelling unit" means a dwelling, as defined under s. 101.61 (1), a modular home, as defined under s. 101.71 (6), a manufactured home, as defined under s. 101.91 (2), or a multifamily dwelling, as defined under s. 101.971 (2) 101.01 (8m).

AB905,11 Section 11. 101.02 (1) of the statutes is renumbered 101.02 (1) (b) and amended to read:

AB905,6,20 101.02 (1) (b) The department shall adopt reasonable and proper rules and regulations relative to the exercise of its powers and authorities and proper rules to govern its proceedings and to regulate the mode and manner of all investigations and hearings, subject to par. (c).

AB905,12 Section 12. 101.02 (1) (a) of the statutes is created to read:

AB905,6,22 101.02 (1) (a) In this subsection:

AB905,6,23 1. “Credential” has the meaning given in s. 440.01 (2) (a).

AB905,7,2 2. “Occupational license” means a license, permit, certificate, registration, or other approval for an occupation, trade, or profession issued by the department under this chapter, under ch. 145, under rules promulgated under this chapter or ch. 145, or under s. 167.10 (6m).

AB905,13 Section 13. 101.02 (1) (c) of the statutes is created to read:

AB905,7,9 101.02 (1) (c) If the department promulgates rules under s. 440.03 (1) defining uniform procedures to be used by the department for receiving, filing, and investigating complaints against holders of credentials, for commencing disciplinary proceedings against holders of credentials, and for conducting hearings on matters relating to credentials, the department's rules under par. (b) with respect to occupational licenses shall conform with the rules promulgated under s. 440.03 (1).

AB905,14 Section 14. 101.02 (1m) of the statutes is amended to read:

AB905,7,13 101.02 (1m) Notwithstanding sub. (1) (b), the department may not promulgate or enforce a rule related to fire safety that prohibits the seasonal placement of a Christmas tree in the rotunda of the state capitol building or in a church.

AB905,15 Section 15. 101.02 (7m) of the statutes is repealed.

AB905,16 Section 16. 101.02 (7r) (a) of the statutes is amended to read:

AB905,7,20 101.02 (7r) (a) Notwithstanding sub. (7) (a), no city, village, or town may enact or enforce an ordinance that establishes minimum standards for constructing, altering, or adding to public buildings or buildings that are places of employment unless that ordinance strictly conforms to the applicable rules under sub. (15) (j), except as provided in pars. (b) to (d) and sub. (7m).

AB905,17 Section 17. 101.02 (7r) (b) 4. of the statutes is amended to read:

AB905,7,23 101.02 (7r) (b) 4. The building is not a multifamily dwelling, as defined in s. 101.971 (2).

AB905,18 Section 18. 101.02 (20) of the statutes, as affected by 2017 Wisconsin Act 59, is repealed.

AB905,19 Section 19. 101.02 (21) of the statutes, as affected by 2017 Wisconsin Act 59, is repealed.

AB905,20 Section 20. 101.02 (24) of the statutes, as affected by 2017 Wisconsin Act 59, is repealed.

AB905,21 Section 21. 101.022 of the statutes is created to read:

AB905,8,12 101.022 Certain laws applicable to occupational licenses. Sections 440.03 (1), (3m), (4), (11m), and (13) (a), (am), and (b) 75., 440.05 (1) (a) and (2) (b), 440.075, 440.09 (2), 440.11, 440.12, 440.121, 440.13, 440.14, 440.15, 440.19, 440.20 (1), (3), (4) (a), and (5) (a), 440.205, 440.21, and 440.22, and the requirements imposed on the department under those statutes, apply to occupational licenses, as defined in s. 101.02 (1) (a) 2., in the same manner as those statutes apply to credentials, as defined in s. 440.01 (2) (a).

AB905,22 Section 22. 101.025 (1) of the statutes is amended to read:

AB905,8,25 101.025 (1) Notwithstanding s. 101.02 (1) (b) and (15), any rule which that requires the intake of outside air for ventilation in public buildings or places of employment shall establish minimum quantities of outside air that must be supplied based upon the type of occupancy, the number of occupants, areas with toxic or unusual contaminants, and other pertinent criteria determined by the department. The department shall set standards where the mandatory intake of outside air may be waived. The department may waive the requirement for the intake of outside air where the owner has demonstrated that the resulting air quality is equivalent to that provided by outdoor air ventilation. The department may not waive the mandatory intake of outside air unless smoking is prohibited in the building or place of employment. In this subsection, “smoking" means carrying any lighted tobacco product.

AB905,23 Section 23. 101.12 (6) (a) of the statutes is repealed.

AB905,24 Section 24. 101.12 (6) (b) of the statutes is renumbered 101.12 (6).

AB905,25 Section 25. 101.125 (2) of the statutes is repealed.

AB905,26 Section 26. 101.125 (2m) of the statutes is created to read:

AB905,9,7 101.125 (2m) Rules. The department shall promulgate rules regulating safety glazing material manufactured, distributed, imported, sold, or installed for use in a hazardous location.

AB905,27 Section 27. 101.125 (3) of the statutes is repealed.

AB905,28 Section 28. 101.125 (4) (a) of the statutes is amended to read:

AB905,9,12 101.125 (4) (a) No employee of a person responsible for compliance with this section the rules promulgated under sub. (2m) is liable for the employer's failure to comply.

AB905,29 Section 29. 101.125 (4m) of the statutes is repealed.

AB905,30 Section 30. 101.125 (5) of the statutes is amended to read:

AB905,9,16 101.125 (5) Penalty. Whoever violates this section the rules promulgated under sub. (2m) may be required to forfeit not less than $100 nor more than $500.

AB905,31 Section 31. 101.14 (4m) (a) 3. of the statutes is repealed.

AB905,32 Section 32. 101.16 (3g) (a) of the statutes is amended to read:

AB905,9,25 101.16 (3g) (a) No retailer may distribute liquefied petroleum gas without holding a license issued by the department. The department, subject to s. 101.02 (20) and (21) ss. 440.12 and 440.13, shall issue a license to be a retailer upon receiving the fee established under s. 101.19 (1g) (L) or (1m) and upon the retailer's obtaining commercial general liability insurance as required under sub. (3r) (c). The department shall set the term of the license shall be set by the department, not to exceed 2 years.

AB905,33 Section 33. 101.19 (1g) (f) of the statutes is amended to read:

AB905,10,4 101.19 (1g) (f) Administration of the manufactured dwelling program, the one-family and two-family dwelling programs, and the manufactured home and mobile home program, and the multifamily dwelling program.

AB905,34 Section 34. 101.19 (1r) of the statutes, as affected by 2017 Wisconsin Act 59, is repealed.

AB905,35 Section 35. 101.654 (1) (c) 1. of the statutes is amended to read:

AB905,10,9 101.654 (1) (c) 1. In this paragraph, “license" has the meaning given means an occupational license, as defined in s. 101.02 (21) (1) (a) 2.

AB905,36 Section 36. 101.84 (1) of the statutes is amended to read:

AB905,10,14 101.84 (1) Hold hearings on any matter relating to this subchapter and issue subpoenas to compel the attendance of witnesses and the production of evidence at the hearings, except that the department shall conduct hearings related to occupational licenses, as defined in s. 101.02 (1) (a) 2., as provided in s. 101.022.

AB905,37 Section 37. 101.951 (7) (a) of the statutes is amended to read:

AB905,10,24 101.951 (7) (a) The department of safety and professional services may, without notice, deny the application for a license within 60 days after receipt thereof of the application by written notice to the applicant, stating the grounds for the denial. Within 30 days after such the date on which the written notice of denial is mailed to the applicant, the applicant may petition the department of administration to conduct a hearing to review the denial, and the department of administration shall schedule a hearing shall be scheduled with reasonable promptness. The division of hearings and appeals shall conduct the hearing. This paragraph does not apply to denials of applications for licenses under s. 101.02 (21) 440.13.

AB905,38 Section 38. 101.951 (7) (b) of the statutes is amended to read: