2011 - 2012 LEGISLATURE
February 9, 2012 - Introduced by Senator Leibham, cosponsored by Representative
Rivard. Referred to Committee on Judiciary, Utilities, Commerce, and
1An Act to repeal
15.407 (2) (a), 101.07, 101.177, 101.563, 145.08 (1m), 145.135 2
(title), 145.135 (1) (title), 145.19 (1) (title), 145.19 (5), 157.12 (1) and 457.02 (5); 3to renumber and amend
15.407 (10), 101.01 (11), 101.01 (12), 101.985 (2) (a) 4
(intro.), 101.985 (2) (a) 2., 101.985 (2) (a) 3., 145.135 (1), 145.135 (2) (intro.), 5
145.135 (2) (a) to (f), 145.19 (1), 443.015, 443.03 (1) (b) 1., 443.08 (1), 443.08 (2), 6
443.08 (3) (a), 443.08 (4) (a), 443.08 (4) (b), 443.08 (5), 443.13, 443.14 (1) and 7
443.14 (4); to amend
15.407 (1m), 15.407 (2) (b), 15.407 (2) (c), 20.165 (2) (de), 8
20.165 (2) (j), 20.165 (2) (L), 20.320 (3) (title), 20.320 (3) (q), 59.70 (1), 59.70 (5) 9
(title), 59.70 (5) (a), 59.70 (5) (b), 60.70 (5), 60.72 (4), 60.726 (title), 60.726 (2), 10
60.77 (5) (b), 60.77 (5) (bm), 60.77 (5) (bs), 60.77 (5) (j), 101.02 (20) (a), 101.02 11
(21) (a), 101.145 (2), 101.745 (2), 101.952 (3), 101.985 (2) (title), 101.985 (2) (am), 12
101.985 (2) (b), 101.985 (2) (c), 101.985 (2) (d), 101.985 (4), 101.985 (5) (b) 1., 13
101.985 (7) (a) (intro.), 145.01 (4m), 145.01 (5), 145.01 (10) (a) 2., 145.01 (12), 14
145.045 (1), 145.045 (3), 145.07 (3) (a), 145.07 (5), 145.14 (2) (a), 145.19 (2),
145.19 (3), 145.19 (4), 145.19 (6), 145.195 (1), 145.195 (2), 145.20 (title), 145.20 2
(1) (a), 145.20 (1) (am), 145.20 (1) (b), 145.20 (2) (intro.), 145.20 (2) (a), 145.20 3
(2) (d), 145.20 (2) (e), 145.20 (2) (f), 145.20 (2) (g), 145.20 (2) (h), 145.20 (3) (a) 4
1., 145.20 (3) (a) 2., 145.20 (3) (b), 145.20 (3) (c), 145.20 (3) (d), 145.20 (4), 145.20 5
(5) (a), 145.20 (5) (am), 145.20 (5) (b), 145.20 (6) (a) 2., 145.24 (1), 145.24 (2), 6
145.24 (3), 145.245 (title), 145.245 (1) (a) 1., 145.245 (1) (ae), 145.245 (4) (intro.), 7
145.245 (4) (b), 145.245 (4) (e), 145.245 (4m) (intro.), 145.245 (4m) (a), 145.245 8
(4m) (b), 145.245 (4m) (c), 145.245 (5) (a) 1., 145.245 (5) (a) 2., 145.245 (5) (a) 3., 9
145.245 (5m) (a), 145.245 (6) (a), 145.245 (6) (b), 145.245 (7) (a), 145.245 (7) (b), 10
145.245 (7) (c), 145.245 (7) (d), 145.245 (7) (e), 145.245 (8) (a), 145.245 (9) (b), 11
145.245 (9) (c), 145.245 (9) (e), 145.245 (11) (e), 145.245 (11m) (b), 145.245 (11m) 12
(c), 145.245 (11m) (d), 145.245 (13), 145.245 (14) (d), 160.255 (title), 160.255 (1), 13
160.255 (2), 160.255 (3), 160.255 (4), 160.255 (5), 168.11 (1) (b) 1., 200.21 (11), 14
200.29 (1) (c) 3. a., 236.13 (2m), 281.41 (3) (a), 281.41 (3) (b) 3., 281.41 (3) (b) 4., 15
281.48 (2) (bm), 281.48 (2) (d), 281.48 (2) (f), 281.48 (2) (g), 281.48 (2m), 281.48 16
(3) (e), 281.48 (4g), 281.59 (1m) (c), 281.68 (3) (a) 2. f., 440.21 (4) (a), 440.21 (4) 17
(b), 440.26 (4), 440.91 (2) (intro.), 440.91 (2) (a), 440.91 (8), 443.01 (2), 443.015 18
(title), 443.03 (1) (intro.), 443.03 (1) (a), 443.03 (1) (b) 2., 443.03 (2), 443.035 19
(intro.), 443.035 (1), 443.04, 443.05 (1) (intro.), (a) and (b) and (2), 443.06 (1) (a), 20
443.06 (2) (intro.), 443.06 (3), 443.07 (1) (intro.), 443.07 (1) (a), 443.07 (3), 443.07 21
(5), 443.09 (4m), 443.09 (5), 443.10 (1) (a) to (d), 443.10 (2) (c), 443.10 (2) (d), 22
443.10 (2) (f), 443.10 (2) (h), 443.10 (3), 443.10 (4) (a) and (b), 443.11 (1) (intro.), 23
443.11 (1) (e), 443.11 (2), 443.11 (3), 443.11 (4), 443.11 (5), 443.11 (6), 443.18 (1) 24
(a), 443.18 (2) (a) and (b), 445.06, 448.63 (1) (d) 2., 450.02 (3m) (a) (intro.), 25
450.071 (1), 454.01 (5) (b), 454.08 (2) (a), 459.12 (1), 961.23 (5) and 961.23 (7);
1to repeal and recreate
101.985 (2) (a) (title) and 145.19 (title); and to create
15.407 (2) (d), 101.01 (11) (c), 101.01 (12) (c), 101.05 (5), 101.985 (2) (ab) (intro.), 3
101.985 (2) (ad), 440.03 (13) (am), 440.19, 440.26 (2) (c) 5., 440.26 (5m) (am), 4
440.26 (6) (a) 5., 443.015 (2), 443.03 (1) (b) (intro.), 443.08 (1) (b), 443.08 (2) (b), 5
443.08 (2) (c), 443.08 (3) (a) 2., 443.08 (3) (a) 3., 443.08 (4) (a) 2., 443.08 (4) (a) 6
3., 443.08 (4) (a) 4., 443.08 (4) (b) 2., 443.08 (4) (b) 3., 443.08 (4) (b) 4., 443.08 7
(5) (b), 443.08 (5) (c), 443.14 (1) (b), 443.14 (4) (b) and 450.02 (3m) (a) 4. of the 8
statutes; relating to: the authority and responsibility of the Department of
9Safety and Professional Services, requirements for obtaining certain licenses
10or other credentials from the Department of Safety and Professional Services,
11weighing a product that contains opium or another controlled substance, and
12granting rule-making authority.
Analysis by the Legislative Reference Bureau
department of safety and professional services
This bill makes various changes to the authority and responsibilities of the
Department of Safety and Professional Services (DSPS).
Buildings and safety
Under current law, with certain exceptions, DSPS has authority to regulate
places of employment and public buildings in this state in order to protect the life,
health, safety, and welfare of the employees and the public who use those places and
buildings. Under this authority, DSPS promulgates building codes that establish
standards for the construction, repair, and maintenance of places of employment and
This bill specifies that, when used with relation to building codes, the terms
"place of employment" and "public building" do not include home-based businesses.
Current law provides that DSPS authority to regulate places of employment
does not include the regulation of places where persons are employed in farming.
This bill specifies, similarly, that DSPS authority to regulate public buildings does
not include the authority to regulate buildings used for farming.
Under current law, the Dwelling Code Council (council) reviews the standards
and rules for the construction of one-family and two-family dwellings (dwellings)
and for modular homes and recommends a uniform dwelling code and a statewide
modular home code for adoption by DSPS.
Current law requires that the council have 18 members and that each member
serve a three-year term. Of those members, current law requires a specified number
of members to represent certain interest groups, including building trade labor
organizations, certified building inspectors, building contractors, and members of
the public. This bill reduces the membership of the council from 18 to seven
members. The bill provides that each member must represent at least one of the
interest groups for which representation on the council is required under current
law, but does not require that each interest group be represented on the council. The
bill also reduces the terms of the members from three-year terms to two-year terms.
Under current law, DSPS regulates elevators, escalators, and similar
conveyances that move people or things. Under current law, contractors and
mechanics constructing, altering, replacing, repairing, or otherwise working with
these conveyances, and inspectors of these conveyances, must be licensed by DSPS.
With certain exceptions, to be licensed as an elevator mechanic, an individual must
apply to DSPS and either must complete an apprenticeship program approved by the
U.S. Department of Labor or by the Department of Workforce Development or must
have sufficient work history during the three years preceding the application in
working with these conveyances and have passed an elevator mechanic's
examination that is administered by DSPS or that is administered by a nationally
recognized training program that is approved by DSPS.
This bill creates alternative requirements that may be met in order to be issued
an elevator mechanic's license. Under the bill, an individual is eligible for a license
if he or she verifies to DSPS that he or she has successfully completed a four-year
training program established by the National Elevator Industry Educational
Program or an equivalent four-year training program that is approved by DSPS and
that he or she has had a certain level of experience working with elevators and other
conveyances. This experience requirement may be met by being employed during
each of the five years immediately preceding the date of the license application for
at least 1,000 hours as an elevator mechanic, or in another capacity that has allowed
him or her to remain familiar with elevator equipment, technology, and industry
practices. The experience requirement may alternatively be met by meeting the
1,000-hour requirement in any five years preceding the date of the license
application if the applicant verifies that this alternative is due to the applicant's
work being disrupted by high unemployment in the elevator industry, military
service, illness, disability, or another factor beyond the applicant's control.
Current law requires every person who is licensed by DSPS to sell
manufactured homes to consumers to carry his or her license when engaged in his
or her business and to display the license upon request. Current law also requires
the licensee's employer to be named on the license. Current law specifies that if the
licensee changes employers, then the licensee must immediately mail the license to
DSPS so that DSPS can endorse the change on the license. This bill eliminates the
requirement that the licensee mail his or her license to DSPS when the licensee
changes employers and the requirement that DSPS endorse that change on the
Under current law, DSPS makes payments to eligible cities, villages, and towns
(political subdivisions) for local fire prevention and protection from payments
collected from insurers who insure against fire damage in this state. These
payments from insurers are often referred to as "fire department dues." A political
subdivision must meet certain eligibility criteria in order to receive these payments
such as having a fire chief and being able to immediately dispatch fire fighters and
equipment. The use of the payment to the political subdivision is limited to activities
such as fire inspection, the purchase of equipment, and training of fire fighters.
Beginning with calendar year 2000 and ending with calendar year 2004, the
state was required to make these payments to each political subdivision without
regard to eligibility of the political subdivision for the payments. This bill repeals
Current law imposes requirements for smoke detectors that must be installed
in public residential buildings, one-family and two-family dwellings, and in
manufactured homes. One of those requirements is that the smoke detectors be
approved by Underwriters Laboratories, Inc. This bill provides, instead, that the
smoke detectors must bear an Underwriters Laboratories, Inc., listing mark or
similar mark from an independent product safety certification organization.
Current law requires a device that dispenses a gasoline-ethanol fuel blend for
sale at retail to be marked or labeled with the percentage of ethanol at all times when
the product is offered for sale. Current law requires the marking or labeling to use
one-half inch high letters with a stroke of not less than one-eighth inch in width.
This bill eliminates the requirements with regard to the lettering used on the
marking or labeling.
Under current law, DSPS regulates persons who install or service a piece of
refrigeration equipment (refrigeration equipment) that contains ozone-depleting
refrigerant (refrigerant). Among other requirements, current law requires a person
who installs or services a piece of refrigeration equipment that contains refrigerant
to certify that the person does not use the refrigerant for cleaning purposes, transfers
the refrigerant to storage containers using approved equipment, and does not
knowingly or negligently release the refrigerant to the environment. DSPS also
regulates persons who sell used, new, or reclaimed refrigerant. Refrigerants are also
regulated under federal law.
This bill repeals current state law with regard to the regulation of persons who
install or service most types of refrigeration equipment that contain refrigerant and
with regard to the regulation of most sales of used, new, and reclaimed refrigerant.
The bill does not repeal current state law that applies to the regulation of refrigerant
in mobile air conditioners and in trailer refrigeration equipment.
Under current law, a sewage treatment and disposal system serving a single
structure is defined as, or referred to, as a "private sewage system." This bill changes
the phrase "private sewage system" to "private on-site wastewater treatment
system" throughout the statutes.
Under current law, no person may install a private sewage system on the
person's property without a valid sanitary permit issued by the applicable local
governmental unit that issues sanitary permits. Current law requires the
governmental unit to send a copy of each permit that it issues to DSPS. This bill
eliminates this requirement and requires that the governmental unit submit to
DSPS a period summary of the permits it issues at intervals to be determined by
Current law specifies a minimum fee for the issuance of a sanitary permit for
private sewage system. It also specifies the amount that a governmental unit must
send with a permit when it forwards a copy of the permit to DSPS. However, under
current law, DSPS may adjust these fees by rule. This bill eliminates the statutorily
specified fees and maintains DSPS' authority to promulgate these fees by rule.
Current law requires DSPS to prescribe the information to be included in the
sanitary permit and to furnish sanitary permit forms to local governmental units.
This bill eliminates the requirement that DSPS supply sanitary permit forms
to local governmental units.
Under current law, to be eligible to take an examination for a master plumber
license, the applicant for the license must have had no less than 1,000 hours per year
experience in three or more consecutive years or must be an engineering graduate
from a school or college approved by DSPS. This bill eliminates the requirement that
the three or more years be consecutive.
DSPS may classify master and journeyman plumbers as being restricted as to
the type of work they do. A state resident who has a restricted journeyman plumber
license may take the examination for a restrictive master plumber license if he or she
has been engaged in a restricted type of plumbing work for a period of not less than
1,000 hours per year for two or more consecutive years. This bill eliminates the
requirement that the two or more years be consecutive.
Current law authorizes DSPS to administer license examinations to persons
applying to DSPS for master and journeymen plumber licenses and licenses that
relate to the design, installation, and maintenance or repair of automatic fire
sprinkler systems. DSPS charges fees for these examinations and licenses. Under
current law, if an applicant for a license fails to pay a license fee within 30 days after
receiving notice that the applicant has passed the examination for the license, DSPS
may not issue the license and the applicant again has to take the examination and
pay the examination fee. This bill repeals this provision.
Under current law, DSPS may not promulgate any rule that prohibits the use
of manual flushing devices for urinals. This bill repeals this provision.
Under current law, DSPS issues occupational and professional licenses,
registrations, and similar approvals (licenses). Some of these licenses are referred
to in specific statutes and others are issued pursuant to DSPS's rule-making
authority. Under current law, DSPS may not issue or renew certain licenses that are
specifically referred to in the statutes to applicants who are delinquent in family or
child support payments or in payment of state taxes. This bill expands the scope of
the types of licenses for which issuance or renewal must be denied due to support or
tax delinquency to include all of the occupational and professional licenses issued by
Under current law, DSPS may conduct investigations, hold hearings, and make
findings to determine whether a person has engaged in a practice or used a
professional title without a required credential. If, after holding a hearing, DSPS
determines that the person does not have the appropriate credential, DSPS may
issue a special order prohibiting the person from continuing the practice or using the
title. DSPS may issue a temporary restraining order in lieu of holding a hearing if
DSPS has reason to believe that the person has engaged in a practice or used a title
without a required credential. If a person against whom a special order has been
issued violates that order, the person is subject to forfeitures. If a person against
whom a temporary restraining order has been issued violates that order, the person
is subject to fines or imprisonment or both.
Current law also authorizes certain boards, affiliated credentialing boards, and
examining boards attached to DSPS, including the Board of Nursing, the Podiatry
Affiliated Credentialing Board, and the Medical Examining Board, to fine or
imprison, or both, persons who violate laws or regulations applicable to the
professions regulated by those boards.
This bill clarifies that the authority granted to DSPS to impose fines or
forfeitures against or imprison a person who has engaged in a practice or used a title
without holding the appropriate credential is separate from and in addition to the
authority granted to the various boards to enforce the laws and regulations
applicable to the professions regulated by those boards.
Currently, DSPS requires by rule that a person who holds a credential issued
by DSPS send a notice to DSPS within 48 hours of his or her conviction of a crime.
This bill places that requirement in the statutes.
Under current law, the Medical Examining Board may refuse to accept a
person's voluntary surrender of his or her license if the board has received allegations
of unprofessional conduct by the person.
This bill allows a person to voluntarily surrender his or her occupational
license, permit, or certificate of certification or registration, but allows the licensing
agency to refuse to accept that surrender if the agency has received a complaint
against the person or has commenced disciplinary proceedings against the person.
Under current law, the Pharmacy Examining Board may grant a variance from
a law or rule applicable to pharmacists or the practice of pharmacy if each of the
following conditions is satisfied: 1) the Pharmacy Examining Board determines that
a natural or man-made disaster or emergency exists or has occurred; 2) a pharmacist
has requested the variance; and 3) the Pharmacy Examining Board determines that
the variance is necessary to protect the public health, safety, or welfare. This bill
adds as another condition that the law or rule either permits a variance or requires
approval from the Pharmacy Examining Board prior to obtaining a variance.
Current law requires every wholesale distributor of a prescription drug to
obtain a license from the Pharmacy Examining Board. This law applies to wholesale
distributors of oxygen. This bill exempts wholesale distributors of oxygen from the
requirement to obtain a license from the Pharmacy Examining Board.
Under current law, the Hearing and Speech Examining Board may promulgate
rules governing hearing instrument specialists, but not speech-language
pathologists or audiologists. This bill permits the Hearing and Speech Examining
Board to promulgate rules governing speech-language pathologists and
Current law, as affected by 2005 Wisconsin Act 334
, requires an applicant to
complete two years of postgraduate podiatrist training to be eligible for licensure as
a podiatrist. Prior to that act, one year of postgraduate podiatrist training was
required. The act first applied to persons submitting applications on June 1, 2010,
but did not specify the treatment of those who had completed the one-year training
requirement before that date.
This bill clarifies that an applicant who completed one year of postgraduate
training in a program approved by the Podiatrist Affiliated Credentialing Board by
June 1, 2010, is eligible for licensure as a podiatrist.
Under current law, members of the Respiratory Care Practitioners Examining
Council, which serves the Medical Examining Board in an advisory capacity, may
serve no more than two consecutive three-year terms. This bill eliminates the
Under current law, the membership of the Council on Physician Assistants
(council) must include the vice chancellor for health sciences of the University of
Wisconsin-Madison. Under this bill, the council position reserved for the vice
chancellor is replaced with a position to be filled by the Medical Examining Board.
The Medical Examining Board must select a person who teaches physician
assistants, and that person serves a four-year term.