Feed for /2011/related/acts/146 PDF
Date of enactment: March 21, 2012
2011 Senate Bill 453 Date of publication*: April 4, 2012
* Section 991.11, Wisconsin Statutes 2009-10 : Effective date of acts. "Every act and every portion of an act enacted by the legislature over the governor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication as designated" by the secretary of state [the date of publication may not be more than 10 working days after the date of enactment].
2011 WISCONSIN ACT 146
An Act to repeal 15.407 (2) (a), 101.07, 101.177, 101.563, 145.08 (1m), 145.135 (title), 145.135 (1) (title), 145.19 (1) (title), 145.19 (5), 157.12 (1), 440.91 (8) and 457.25 (5); to renumber and amend 15.407 (10), 101.01 (11), 101.01 (12), 101.985 (2) (a) (intro.), 101.985 (2) (a) 2., 101.985 (2) (a) 3., 145.135 (1), 145.135 (2) (intro.), 145.135 (2) (a) to (f), 145.19 (1), 443.015, 443.03 (1) (b) 1., 443.08 (1), 443.08 (2), 443.08 (3) (a), 443.08 (4) (a), 443.08 (4) (b), 443.08 (5), 443.13, 443.14 (1) and 443.14 (4); to amend 15.407 (1m), 15.407 (2) (b), 15.407 (2) (c), 20.165 (2) (de), 20.165 (2) (j), 20.165 (2) (L), 20.320 (3) (title), 20.320 (3) (q), 59.70 (1), 59.70 (5) (title), 59.70 (5) (a), 59.70 (5) (b), 60.70 (5), 60.72 (4), 60.726 (title), 60.726 (2), 60.77 (5) (b), 60.77 (5) (bm), 60.77 (5) (bs), 60.77 (5) (j), 101.02 (20) (a), 101.02 (21) (a), 101.145 (2), 101.745 (2), 101.952 (3), 101.985 (2) (title), 101.985 (2) (am), 101.985 (2) (b), 101.985 (2) (c), 101.985 (2) (d), 101.985 (4), 101.985 (5) (b) 1., 101.985 (7) (a) (intro.), 145.01 (4m), 145.01 (5), 145.01 (10) (a) 2., 145.01 (12), 145.045 (1), 145.045 (3), 145.07 (3) (a), 145.07 (5), 145.14 (2) (a), 145.17 (1), 145.19 (2), 145.19 (3), 145.19 (4), 145.19 (6), 145.195 (1), 145.195 (2), 145.20 (title), 145.20 (1) (a), 145.20 (1) (am), 145.20 (1) (b), 145.20 (2) (intro.), 145.20 (2) (a), 145.20 (2) (d), 145.20 (2) (e), 145.20 (2) (f), 145.20 (2) (g), 145.20 (2) (h), 145.20 (3) (a) 1., 145.20 (3) (a) 2., 145.20 (3) (b), 145.20 (3) (c), 145.20 (3) (d), 145.20 (4), 145.20 (5) (a), 145.20 (5) (am), 145.20 (5) (b), 145.20 (6) (a) 2., 145.24 (1), 145.24 (2), 145.24 (3), 145.245 (title), 145.245 (1) (a) 1., 145.245 (1) (ae), 145.245 (4) (intro.), 145.245 (4) (b), 145.245 (4) (e), 145.245 (4m) (intro.), 145.245 (4m) (a), 145.245 (4m) (b), 145.245 (4m) (c), 145.245 (5) (a) 1., 145.245 (5) (a) 2., 145.245 (5) (a) 3., 145.245 (5m) (a), 145.245 (6) (a), 145.245 (6) (b), 145.245 (7) (a), 145.245 (7) (b), 145.245 (7) (c), 145.245 (7) (d), 145.245 (7) (e), 145.245 (8) (a), 145.245 (9) (b), 145.245 (9) (c), 145.245 (9) (e), 145.245 (11) (e), 145.245 (11m) (b), 145.245 (11m) (c), 145.245 (11m) (d), 145.245 (13), 145.245 (14) (d), 160.255 (title), 160.255 (1), 160.255 (2), 160.255 (3), 160.255 (4), 160.255 (5), 168.11 (1) (b) 1., 200.21 (11), 200.29 (1) (c) 3. a., 236.13 (2m), 281.41 (3) (a), 281.41 (3) (b) 3., 281.41 (3) (b) 4., 281.48 (2) (bm), 281.48 (2) (d), 281.48 (2) (f), 281.48 (2) (g), 281.48 (2m), 281.48 (3) (e), 281.48 (4g), 281.59 (1m) (c), 281.68 (3) (a) 2. f., 440.21 (4) (a), 440.21 (4) (b), 440.26 (4), 440.91 (2) (intro.), 440.91 (2) (a), 443.01 (2), 443.015 (title), 443.03 (1) (intro.), 443.03 (1) (a), 443.03 (1) (b) 2., 443.03 (2), 443.035 (intro.), 443.035 (1), 443.04, 443.05 (1) (intro.), (a) and (b) and (2), 443.06 (1) (a), 443.06 (2) (intro.), 443.06 (3), 443.07 (1) (intro.), 443.07 (1) (a), 443.07 (3), 443.07 (5), 443.09 (4m), 443.09 (5), 443.10 (1) (a) to (d), 443.10 (2) (c), 443.10 (2) (d), 443.10 (2) (f), 443.10 (2) (h), 443.10 (3), 443.10 (4) (a) and (b), 443.11 (1) (intro.), 443.11 (1) (e), 443.11 (2), 443.11 (3), 443.11 (4), 443.11 (5), 443.11 (6), 443.18 (1) (a), 443.18 (2) (a) and (b), 445.06, 448.63 (1) (d) 2., 454.08 (2) (a), 459.12 (1), 961.23 (5) and 961.23 (7); to repeal and recreate 101.985 (2) (a) (title), 145.19 (title) and 454.01 (5) (b); and to create 15.407 (2) (d), 15.407 (10) (a) 9., 101.01 (11) (c), 101.01 (12) (c), 101.05 (5), 101.985 (2) (ab) (intro.), 101.985 (2) (ad), 440.03 (13) (am), 440.19, 440.26 (2) (c) 5., 440.26 (5m) (am), 440.26 (6) (a) 5., 443.015 (2), 443.03 (1) (b) (intro.), 443.08 (1) (b), 443.08 (2) (b), 443.08 (2) (c), 443.08 (3) (a) 2., 443.08 (3) (a) 3., 443.08 (4) (a) 2., 443.08 (4) (a) 3., 443.08 (4) (a) 4., 443.08 (4) (b) 2., 443.08 (4) (b) 3., 443.08 (4) (b) 4., 443.08 (5) (b), 443.08 (5) (c), 443.14 (1) (b), 443.14 (4) (b) and 445.105 (2s) of the statutes; relating to: the authority and responsibility of the Department of Safety and Professional Services, requirements for obtaining certain licenses or other credentials from the Department of Safety and Professional Services, weighing a product that contains opium or another controlled substance, and granting rule-making authority.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
146,1 Section 1. 15.407 (1m) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:
15.407 (1m) Respiratory care practitioners examining council. There is created a respiratory care practitioners examining council in the department of safety and professional services and serving the medical examining board in an advisory capacity in the formulating of rules to be promulgated by the medical examining board for the regulation of respiratory care practitioners. The respiratory care practitioners examining council shall consist of 3 certified respiratory care practitioners, each of whom shall have engaged in the practice of respiratory care for at least 3 years preceding appointment, one physician and one public member. The respiratory care practitioner and physician members shall be appointed by the medical examining board. The members of the examining council shall serve 3-year terms. Section 15.08 (1) to (4) (a) and (6) to (10) shall apply to the respiratory care practitioners examining council, except that members of the examining council may serve more than 2 consecutive terms.
146,2 Section 2. 15.407 (2) (a) of the statutes is repealed.
146,3 Section 3. 15.407 (2) (b) of the statutes is amended to read:
15.407 (2) (b) One public member appointed by the governor for a 2-year 4-year term.
146,4 Section 4. 15.407 (2) (c) of the statutes is amended to read:
15.407 (2) (c) Three physician assistants selected by the medical examining board for staggered 2-year 4-year terms.
146,5 Section 5. 15.407 (2) (d) of the statutes is created to read:
15.407 (2) (d) One person who teaches physician assistants and is selected by the medical examining board for a 4-year term.
146,6 Section 6. 15.407 (10) of the statutes, as affected by 2011 Wisconsin Act 32, is renumbered 15.407 (10) (a) (intro.) and amended to read:
15.407 (10) (a) (intro.) There is created in the department of safety and professional services, a dwelling code council, consisting of 18 11 members appointed for staggered 3-year 2-year terms. Four members Each member shall be representatives of building represent at least one of the following groups:
1. Building trade labor organizations; 4 members shall be certified.
2. Certified building inspectors employed by local units of government; 2 members shall be representatives of building.
3. Building contractors actively engaged in on-site construction of one- and 2-family housing; 2 members shall be representatives of manufacturers.
4. Manufacturers, retailers, or installers of manufactured or modular one- and 2-family housing; one member shall be an architect, engineer or designer.
5. Architects, engineers, or designers who are registered under ch. 443 and who are actively engaged in the design or evaluation of one- and 2-family housing; 2 members shall represent the.
6. The construction material supply industry; one member shall represent remodeling.
7. Remodeling contractors actively engaged in the remodeling of one-family and 2-family housing; and 2 members shall represent the public, one of whom shall represent persons.
8. Persons with disabilities, as defined in s. 106.50 (1m) (g).
(b) An employee of the department designated by the secretary of safety and professional services shall serve as nonvoting secretary, but shall not be a member, of the council. The council shall meet at least twice a year. Eleven Seven members of the council shall constitute a quorum. For the purpose of conducting business a majority vote of the council is required.
146,7 Section 7. 15.407 (10) (a) 9. of the statutes is created to read:
15.407 (10) (a) 9. Fire prevention professionals.
146,8 Section 8. 20.165 (2) (de) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:
20.165 (2) (de) Private sewage on-site wastewater treatment system replacement and rehabilitation. As a continuing appropriation, the amounts in the schedule for financial assistance under the private sewage on-site wastewater treatment system replacement and rehabilitation program under s. 145.245.
146,9 Section 9. 20.165 (2) (j) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:
20.165 (2) (j) Safety and building operations. The amounts in the schedule for the purposes of chs. 101, 145, and 168 and ss. 167.35, 236.12 (2) (a), 236.13 (1) (d) and (2m), and 236.335, for the purpose of transferring the amounts in the schedule under par. (kg) to the appropriation account under par. (kg), and for the purpose of transferring the amounts in the schedule under par. (km) to the appropriation account under par. (km). All moneys received under ch. 145, ss. 101.177 (4) (a) 4., 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.
146,10 Section 10. 20.165 (2) (L) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:
20.165 (2) (L) Fire dues distribution. All moneys received under ss. 101.573 (1) and 601.93, less the amounts transferred to par. (La) and s. 20.292 (1) (gm) and (gr), for distribution under s. 101.563 or 101.573 , as applicable. The amount transferred to par. (La) shall be the amount in the schedule under par. (La). The amount transferred to s. 20.292 (1) (gm) shall be the amount in the schedule under s. 20.292 (1) (gm). The amount transferred to s. 20.292 (1) (gr) shall be the amount in the schedule under s. 20.292 (1) (gr).
146,11 Section 11. 20.320 (3) (title) of the statutes is amended to read:
20.320 (3) (title) Private sewage on-site wastewater treatment system program.
146,12 Section 12. 20.320 (3) (q) of the statutes is amended to read:
20.320 (3) (q) Private sewage on-site wastewater treatment system loans. From the environmental improvement fund, as a continuing appropriation, the amounts in the schedule for private sewage on-site wastewater treatment system replacement or rehabilitation loans under s. 145.245 (12m).
146,13 Section 13. 59.70 (1) of the statutes is amended to read:
59.70 (1) Building and sanitary codes. The board may enact building and sanitary codes, make necessary rules and regulations in relation thereto and provide for enforcement of the codes, rules and regulations by forfeiture or otherwise. The codes, rules and regulations do not apply within municipalities which have enacted ordinances or codes concerning the same subject matter. "Sanitary code" does not include a private sewage on-site wastewater treatment system ordinance enacted under sub. (5). "Building and sanitary codes" does not include well code ordinances enacted under sub. (6).
146,14 Section 14. 59.70 (5) (title) of the statutes is amended to read:
59.70 (5) (title) Private sewage on-site wastewater treatment system ordinance.
146,15 Section 15. 59.70 (5) (a) of the statutes is amended to read:
59.70 (5) (a) Every governmental unit responsible for the regulation of private sewage on-site wastewater treatment systems, as defined under s. 145.01 (5), shall enact an ordinance governing private sewage on-site wastewater treatment systems, as defined in s. 145.01 (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 sewage on-site wastewater treatment systems, as defined under s. 145.01 (5). After July 1, 1980, no municipality may enact or enforce a private sewage on-site wastewater treatment system ordinance unless it is a governmental unit responsible for the regulation of private sewage on-site wastewater treatment systems, as defined under s. 145.01 (5).
146,16 Section 16. 59.70 (5) (b) of the statutes is amended to read:
59.70 (5) (b) The governmental unit responsible for the regulation of private sewage on-site wastewater treatment systems, as defined under s. 145.01 (5), shall administer the private sewage on-site wastewater treatment system ordinance under s. 145.20 and the rules promulgated under s. 145.20.
146,17 Section 17. 60.70 (5) of the statutes is amended to read:
60.70 (5) "Private sewage on-site wastewater treatment system" has the meaning given under s. 145.01 (12).
146,18 Section 18. 60.72 (4) of the statutes is amended to read:
60.72 (4) Finding. Following the public hearing, the department shall determine if private sewage on-site wastewater treatment systems or private domestic water systems, or both, in the affected towns constitute a threat to public health, safety, convenience or welfare or of pollution of waters of the state, and that there is no local action to correct the situation. The department shall issue its determination as written findings.
146,19 Section 19. 60.726 (title) of the statutes is amended to read:
60.726 (title) Property with private sewage on-site wastewater treatment system included.
146,20 Section 20. 60.726 (2) of the statutes is amended to read:
60.726 (2) If a property owner installed on his or her property a private sewage on-site wastewater treatment system, as defined in s. 145.01 (12), that conforms with the state plumbing code, before a town sanitary district that encompasses that property came into existence, that property shall be included in the town sanitary district. If the private sewage on-site wastewater treatment system was installed on or after 10 years before May 14, 1992, and if the property owner provides the town sanitary district with any information about the cost of the private sewage on-site wastewater treatment system required by the district, the town sanitary district, when the district issues any assessment or charges or imposes property taxes to construct a sewage service system, shall pay or credit the property owner an amount equal to 10% of the cost of the private sewage on-site wastewater treatment system, less any grants or aids received by the property owner for construction of the private sewage on-site wastewater treatment system, multiplied by the number of years of remaining life of the private sewage on-site wastewater treatment system. The number of years of remaining life of the private sewage on-site wastewater treatment system is equal to 10 minus the number of years that the private sewage on-site wastewater treatment system has been in operation.
146,21 Section 21. 60.77 (5) (b) of the statutes is amended to read:
60.77 (5) (b) Require the installation of private sewage on-site wastewater treatment systems.
146,22 Section 22. 60.77 (5) (bm) of the statutes is amended to read:
60.77 (5) (bm) Require the inspection of private sewage 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 sewage on-site wastewater treatment systems for enforcement under s. 145.20.
146,23 Section 23. 60.77 (5) (bs) of the statutes is amended to read:
60.77 (5) (bs) Provide direct financial assistance for costs related to the replacement of private sewage on-site wastewater treatment systems, as defined in s. 145.01 (12), that are failing.
146,24 Section 24. 60.77 (5) (j) of the statutes is amended to read:
60.77 (5) (j) Administer the private sewage on-site wastewater treatment system program if authorized under s. 145.20 (1) (am).
146,25 Section 25. 101.01 (11) of the statutes is renumbered 101.01 (11) (intro.) and amended to read:
101.01 (11) (intro.) "Place of employment" includes every place, whether indoors or out or underground and the premises appurtenant thereto where either temporarily or permanently any industry, trade, or business is carried on, or where any process or operation, directly or indirectly related to any industry, trade, or business, is carried on, and where any person is, directly or indirectly, employed by another for direct or indirect gain or profit, but does not include any place where persons are employed in private domestic service which does not involve the use of mechanical power or in farming. "Farming" includes those activities specified in s. 102.04 (3), and also includes the transportation of farm products, supplies, or equipment directly to the farm by the operator of the farm or employees for use thereon, if such activities are directly or indirectly for the purpose of producing commodities for market, or as an accessory to such production. When used with relation to building codes, "place of employment" does not include an any of the following:
(a) An adult family home, as defined in s. 50.01 (1), or, except.
(b) Except for the purposes of s. 101.11, a previously constructed building used as a community-based residential facility, as defined in s. 50.01 (1g), which serves 20 or fewer residents who are not related to the operator or administrator.
146,26 Section 26. 101.01 (11) (c) of the statutes is created to read:
101.01 (11) (c) A home-based business, as defined by the department by rule.
146,27 Section 27. 101.01 (12) of the statutes is renumbered 101.01 (12) (intro.) and amended to read:
101.01 (12) (intro.) "Public building" means any structure, including exterior parts of such building, such as a porch, exterior platform, or steps providing means of ingress or egress, used in whole or in part as a place of resort, assemblage, lodging, trade, traffic, occupancy, or use by the public or by 3 or more tenants. When used in relation to building codes, "public building" does not include a any of the following:
(a) A previously constructed building used as a community-based residential facility as defined in s. 50.01 (1g) which serves 20 or fewer residents who are not related to the operator or administrator or an.
(b) An adult family home, as defined in s. 50.01 (1).
146,28 Section 28. 101.01 (12) (c) of the statutes is created to read:
101.01 (12) (c) A home-based business, as defined by the department by rule.
146,29 Section 29. 101.02 (20) (a) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:
101.02 (20) (a) For purposes of this subsection, "license" means a license, permit, or certificate of certification or registration issued by the department for an occupation or profession under ss. s. 101.09 (3) (c), 101.122 (2) (c), 101.143 (2) (g), 101.147, 101.15 (2) (e), 101.16 (3g), 101.17, 101.177 (4) (a), 101.178 (2) or (3) (a), 101.63 (2) or (2m), 101.653, 101.73 (5) or (6), 101.82 (1m), (1v), and (2), 101.935, 101.95, 101.951, 101.952, 101.96 (2), 101.985 (1) to (3), 145.02 (4), 145.035, 145.045, 145.15, 145.16, 145.165, 145.17, 145.175, 145.18, or 167.10 (6m) or under rules promulgated under ch. 101 or 145.
146,30 Section 30. 101.02 (21) (a) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:
101.02 (21) (a) In this subsection, "license" means a license, permit, or certificate of certification or registration issued by the department for an occupation or profession under s. 101.09 (3) (c), 101.122 (2) (c), 101.143 (2) (g), 101.147, 101.15 (2) (e), 101.16 (3g), 101.17, 101.177 (4) (a), 101.178 (2) or (3) (a), 101.63 (2) or (2m), 101.653, 101.73 (5) or (6), 101.82 (1m), (1v), and (2), 101.935, 101.95, 101.951, 101.952, 101.96 (2), 101.985 (1) to (3), 145.02 (4), 145.035, 145.045, 145.15, 145.16, 145.165, 145.17, 145.175, 145.18, or 167.10 (6m) or under rules promulgated under ch. 101 or 145.
146,31 Section 31. 101.05 (5) of the statutes is created to read:
101.05 (5) No standard, rule, order, code, or regulation adopted, promulgated, enforced, or administered by the department under s. 101.025, 101.027, 101.12, 101.121, or 101.125 to 101.135 applies to a building used for farming, as defined by the department by rule.
146,32 Section 32. 101.07 of the statutes is repealed.
146,33 Section 33. 101.145 (2) of the statutes is amended to read:
101.145 (2) Approval. A smoke detector required under this section shall be approved by bear an Underwriters Laboratories, Inc., listing mark or similar mark from an independent product safety certification organization.
146,34 Section 34. 101.177 of the statutes, as affected by 2011 Wisconsin Act 10, is repealed.
146,35 Section 35. 101.563 of the statutes, as affected by 2011 Wisconsin Act 32, is repealed.
146,36 Section 36. 101.745 (2) of the statutes is amended to read:
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