Amendment SSA1-SB453

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 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:

SB453-SSA1, s. 1 Section 1. 15.407 (1m) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB453-SSA1,4,5 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.

SB453-SSA1, s. 2 Section 2. 15.407 (2) (a) of the statutes is repealed.

SB453-SSA1, s. 3 Section 3. 15.407 (2) (b) of the statutes is amended to read:

SB453-SSA1,4,9 15.407 (2) (b) One public member appointed by the governor for a 2-year 4-year term.

SB453-SSA1, s. 4 Section 4. 15.407 (2) (c) of the statutes is amended to read:

SB453-SSA1,4,12 15.407 (2) (c) Three physician assistants selected by the medical examining board for staggered 2-year 4-year terms.

SB453-SSA1, s. 5 Section 5. 15.407 (2) (d) of the statutes is created to read:

SB453-SSA1,4,15 15.407 (2) (d) One person who teaches physician assistants and is selected by the medical examining board for a 4-year term.

SB453-SSA1, s. 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:

SB453-SSA1,4,21 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:

SB453-SSA1,4,22 1. Building trade labor organizations; 4 members shall be certified.

SB453-SSA1,4,24 2. Certified building inspectors employed by local units of government; 2 members shall be representatives of building.

SB453-SSA1,5,2 3. Building contractors actively engaged in on-site construction of one- and 2-family housing; 2 members shall be representatives of manufacturers.

SB453-SSA1,5,4 4. Manufacturers, retailers, or installers of manufactured or modular one- and 2-family housing; one member shall be an architect, engineer or designer.

SB453-SSA1,5,7 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.

SB453-SSA1,5,9 6. The construction material supply industry; one member shall represent remodeling.

SB453-SSA1,5,12 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.

SB453-SSA1,5,13 8. Persons with disabilities, as defined in s. 106.50 (1m) (g).

SB453-SSA1,5,18 (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.

SB453-SSA1, s. 7 Section 7. 15.407 (10) (a) 9. of the statutes is created to read:

SB453-SSA1,5,20 15.407 (10) (a) 9. Fire prevention professionals.

SB453-SSA1, s. 8 Section 8. 20.165 (2) (de) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB453-SSA1,6,2 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.

SB453-SSA1, s. 9 Section 9. 20.165 (2) (j) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB453-SSA1,6,13 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.

SB453-SSA1, s. 10 Section 10. 20.165 (2) (L) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB453-SSA1,6,22 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).

SB453-SSA1, s. 11 Section 11. 20.320 (3) (title) of the statutes is amended to read:

SB453-SSA1,6,25 20.320 (3) (title) Private sewage on-site wastewater treatment system program.

SB453-SSA1, s. 12 Section 12. 20.320 (3) (q) of the statutes is amended to read:

SB453-SSA1,7,5 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).

SB453-SSA1, s. 13 Section 13. 59.70 (1) of the statutes is amended to read:

SB453-SSA1,7,14 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).

SB453-SSA1, s. 14 Section 14. 59.70 (5) (title) of the statutes is amended to read:

SB453-SSA1,7,17 59.70 (5) (title) Private sewage on-site wastewater treatment system ordinance.

SB453-SSA1, s. 15 Section 15. 59.70 (5) (a) of the statutes is amended to read:

SB453-SSA1,8,3 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).

SB453-SSA1, s. 16 Section 16. 59.70 (5) (b) of the statutes is amended to read:

SB453-SSA1,8,8 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.

SB453-SSA1, s. 17 Section 17. 60.70 (5) of the statutes is amended to read:

SB453-SSA1,8,11 60.70 (5) "Private sewage on-site wastewater treatment system" has the meaning given under s. 145.01 (12).

SB453-SSA1, s. 18 Section 18. 60.72 (4) of the statutes is amended to read:

SB453-SSA1,8,18 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.