SB453: Bill Text

SB453, s. 131 Section 131. 157.12 (1) of the statutes, as affected by 2011 Wisconsin Act 32, is repealed.

SB453, s. 132 Section 132. 160.255 (title) of the statutes is amended to read:

SB453,47,11 160.255 (title) Exceptions for private sewage on-site wastewater treatment systems.

SB453, s. 133 Section 133. 160.255 (1) of the statutes is amended to read:

SB453,47,14 160.255 (1) In this section, "private sewage on-site wastewater treatment system" has the meaning given in s. 145.01 (12).

SB453, s. 134 Section 134. 160.255 (2) of the statutes is amended to read:

SB453,47,20 160.255 (2) Notwithstanding s. 160.19 (1), (2) and (4) (b), a regulatory agency is not required to promulgate or amend rules that define design or management criteria for private sewage on-site wastewater treatment systems to minimize the amount of nitrate in groundwater or to maintain compliance with the preventive action limit for nitrate.

SB453, s. 135 Section 135. 160.255 (3) of the statutes is amended to read:

SB453,47,25 160.255 (3) Notwithstanding s. 160.19 (3), a regulatory agency may promulgate rules that define design or management criteria for private sewage on-site wastewater treatment systems that permit the enforcement standard for nitrate to be attained or exceeded at the point of standards application.

SB453, s. 136 Section 136. 160.255 (4) of the statutes is amended to read:

SB453,48,6 160.255 (4) Notwithstanding s. 160.21, a regulatory agency is not required to promulgate rules that set forth responses that the agency may take, or require to be taken, when the preventive action limit or enforcement standard for nitrate is attained or exceeded at the point of standards application if the source of the nitrate is a private sewage on-site wastewater treatment system.

SB453, s. 137 Section 137. 160.255 (5) of the statutes is amended to read:

SB453,48,12 160.255 (5) Notwithstanding ss. 160.23 and 160.25, a regulatory agency is not required to take any responses for a specific site at which the preventive action limit or enforcement standard for nitrate is attained or exceeded at the point of standards application if the source of the nitrate is a private sewage on-site wastewater treatment system.

SB453, s. 138 Section 138. 168.11 (1) (b) 1. of the statutes is amended to read:

SB453,48,17 168.11 (1) (b) 1. A device that dispenses a gasoline-ethanol fuel blend for sale at retail shall be marked or labeled with the percentage of ethanol , using one-half inch high letters with a stroke of not less than one-eighth inch in width, at all times when the product is offered for sale.

SB453, s. 139 Section 139. 200.21 (11) of the statutes is amended to read:

SB453,48,22 200.21 (11) "Sewerage system" means all facilities of the district for collection, transportation, storage, pumping, treatment and final disposition of sewage. "Sewerage system" does not include any private sewage on-site wastewater treatment system, as defined in s. 145.01 (12), or any local sewer.

SB453, s. 140 Section 140. 200.29 (1) (c) 3. a. of the statutes is amended to read:

SB453,49,2 200.29 (1) (c) 3. a. The weight to be given to the need for private sewage on-site wastewater treatment systems, as defined in s. 145.01 (12), to maintain the public health and welfare in any area located within the district prior to a redefinition of the boundary but located outside the district after any redefinition of the boundary.

SB453, s. 141 Section 141. 236.13 (2m) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB453,49,18 236.13 (2m) As a further condition of approval when lands included in the plat lie within 500 feet of the ordinary high-water mark of any navigable stream, lake or other body of navigable water or if land in the proposed plat involves lake or stream shorelands referred to in s. 236.16, the department of natural resources, to prevent pollution of navigable waters, or the department of safety and professional services, to protect the public health and safety, may require assurance of adequate drainage areas for private sewage disposal on-site wastewater treatment systems and building setback restrictions, or provisions by the owner for public sewage disposal facilities for waters of the state, as defined in s. 281.01 (18), industrial wastes, as defined in s. 281.01 (5), and other wastes, as defined in s. 281.01 (7). The public sewage disposal facilities may consist of one or more systems as the department of natural resources or the department of safety and professional services determines on the basis of need for prevention of pollution of the waters of the state or protection of public health and safety.

SB453, s. 142 Section 142. 281.41 (3) (a) of the statutes is amended to read:

SB453,49,22 281.41 (3) (a) In this subsection, "septage service area" means the area containing private sewage on-site wastewater treatment systems served or anticipated to be served by a sewage disposal plant during the planning period.

SB453, s. 143 Section 143. 281.41 (3) (b) 3. of the statutes is amended to read:

SB453,50,3 281.41 (3) (b) 3. The location of private sewage on-site wastewater treatment systems within the septage service area, and the distances required to haul septage for disposal either on land or in the sewage disposal plant.

SB453, s. 144 Section 144. 281.41 (3) (b) 4. of the statutes is amended to read:

SB453,50,7 281.41 (3) (b) 4. The potential for contracts with private sewage on-site wastewater treatment system owners, licensed disposers, as defined in s. 281.49 (1) (b), or municipalities to assure delivery of septage to the sewage disposal plant.

SB453, s. 145 Section 145. 281.48 (2) (bm) of the statutes is amended to read:

SB453,50,10 281.48 (2) (bm) "Private sewage on-site wastewater treatment system" has the meaning given in s. 145.01 (12).

SB453, s. 146 Section 146. 281.48 (2) (d) of the statutes is amended to read:

SB453,50,14 281.48 (2) (d) "Septage" means the scum, liquid, sludge or other waste in a septic tank, soil absorption field, holding tank, grease interceptor, privy, or other component of a private sewage on-site wastewater treatment system.

SB453, s. 147 Section 147. 281.48 (2) (f) of the statutes is amended to read:

SB453,50,18 281.48 (2) (f) "Servicing" means removing septage from a septic tank, soil absorption field, holding tank, grease interceptor, privy, or other component of a private sewage on-site wastewater treatment system and disposing of the septage.

SB453, s. 148 Section 148. 281.48 (2) (g) of the statutes is amended to read:

SB453,50,22 281.48 (2) (g) "Soil absorption field" means an area or cavity in the ground which receives the liquid discharge of a septic tank or similar component of a private sewage on-site wastewater treatment system.

SB453, s. 149 Section 149. 281.48 (2m) of the statutes is amended to read:

SB453,51,2 281.48 (2m) Powers of the department. The department has general supervision and control of servicing septic tanks, soil absorption fields, holding tanks, grease interceptors, privies, and other components of private sewage on-site wastewater treatment systems.

SB453, s. 150 Section 150. 281.48 (3) (e) of the statutes is amended to read:

SB453,51,7 281.48 (3) (e) Operator certification. No person, except for a farmer exempted from licensing under par. (d), may service a private sewage on-site wastewater treatment system or operate a septage servicing vehicle unless the person is certified as an operator of a septage servicing vehicle under s. 281.17 (3).

SB453, s. 151 Section 151. 281.48 (4g) of the statutes is amended to read:

SB453,51,19 281.48 (4g) Rules on servicing. The department shall promulgate rules relating to servicing septic tanks, soil absorption fields, holding tanks, grease interceptors, privies, and other components of private sewage on-site wastewater treatment systems in order to protect the public health against unsanitary and unhealthful practices and conditions, and to protect the surface waters and groundwaters of the state from contamination by septage. The rules shall comply with ch. 160. The rules shall apply to all septage disposal, whether undertaken pursuant to a license or a license exemption under sub. (3). The rules shall require each person with a license under sub. (3) to maintain records of the location of private sewage on-site wastewater treatment systems serviced and the volume of septage disposed of and location of that disposal.

SB453, s. 152 Section 152. 281.59 (1m) (c) of the statutes is amended to read:

SB453,51,23 281.59 (1m) (c) There is established a private sewage on-site wastewater treatment system replacement and rehabilitation loan program, administered under s. 145.245 (12m).

SB453, s. 153 Section 153. 281.68 (3) (a) 2. f. of the statutes is amended to read:

SB453,52,4 281.68 (3) (a) 2. f. Providing programs and materials that promote the monitoring of private sewage on-site wastewater treatment systems, the reduction in the use of environmentally harmful chemicals, water safety, and the protection of natural lake ecosystems.

SB453, s. 154 Section 154. 440.03 (13) (am) of the statutes is created to read:

SB453,52,11 440.03 (13) (am) A person holding a credential under chs. 440 to 480 who is convicted of a felony or misdemeanor anywhere shall send a notice of the conviction by 1st class mail to the department within 48 hours after the entry of the judgment of conviction. The department shall by rule determine what information and documentation the person holding the credential shall include with the written notice.

SB453, s. 155 Section 155. 440.19 of the statutes is created to read:

SB453,52,20 440.19 Voluntary surrender of license, permit, or certificate. A person who holds a license, permit, or certificate of certification or registration issued under chs. 440 to 480 may voluntarily surrender that license, permit, or certificate of certification or registration. The department, examining board, affiliated credentialing board, or board of the department that issued the license, permit, or certificate of certification or registration may refuse to accept that surrender if a complaint has been filed or disciplinary proceeding has been commenced against the person under s. 440.20.

SB453, s. 156 Section 156. 440.21 (4) (a) of the statutes is amended to read:

SB453,53,2 440.21 (4) (a) Any Notwithstanding any other provision of chs. 440 to 480 relating to fines, forfeitures, or imprisonment, any person who violates a special order issued under sub. (2) may be required to forfeit not more than $10,000 for each offense. Each day of continued violation constitutes a separate offense. The attorney general or any district attorney may commence an action in the name of the state to recover a forfeiture under this paragraph.

SB453, s. 157 Section 157. 440.21 (4) (b) of the statutes is amended to read:

SB453,53,8 440.21 (4) (b) Any Notwithstanding any other provision of chs. 440 to 480 relating to fines, forfeitures, or imprisonment, any person who violates a temporary restraining order or an injunction issued by a court upon a petition under sub. (3) may be fined not less than $25 nor more than $5,000 or imprisoned for not more than one year in the county jail or both.

SB453, s. 158 Section 158. 440.26 (2) (c) 5. of the statutes is created to read:

SB453,53,12 440.26 (2) (c) 5. The department may, based on rules adopted by the department, refuse to issue a license under this section to an individual who has committed any of the acts described in sub. (6) (a) 1. to 5.

SB453, s. 159 Section 159. 440.26 (4) of the statutes is amended to read:

SB453,53,22 440.26 (4) Bonds or liability policies required. No license may be issued under this section until a bond or liability policy, approved by the department, in the amount of $100,000 if the applicant for the license is a private detective agency and includes all principals, partners, members or corporate officers, or in the amount of $2,000 if the applicant is a private detective, has been executed and filed with the department. Such bonds or liability policies shall be furnished by an insurer authorized to do a surety business in this state in a form approved by the department. The person shall maintain the bond or liability policy during the period that the license is in effect.

SB453, s. 160 Section 160. 440.26 (5m) (am) of the statutes is created to read:

SB453,54,2 440.26 (5m) (am) The department may refuse to issue a private security permit to a person who has been convicted of a misdemeanor or found to have violated any state or local law that is punishable by a forfeiture, subject to ss. 111.321, 111.322, and 111.335.

SB453, s. 161 Section 161. 440.26 (6) (a) 5. of the statutes is created to read:

SB453,54,5 440.26 (6) (a) 5. Failed to maintain a bond or liability policy as required under sub. (4).

SB453, s. 162 Section 162. 440.91 (2) (intro.) of the statutes is amended to read:

SB453,54,16 440.91 (2) (intro.) Except as provided in sub. (10), every person that individual who sells or solicits the sale of, or that expects to sell or solicit the sale of, 20 or more cemetery lots or mausoleum spaces per year during 2 consecutive calendar years shall be licensed by the board. A person An individual may not be licensed as a cemetery salesperson except upon the written request of a cemetery authority and the payment of the initial credential fee determined by the department under s. 440.03 (9) (a). The cemetery authority shall certify in writing to the board that the person individual is competent to act as a cemetery salesperson. An applicant for licensure as a cemetery salesperson shall furnish to the board, in such form as the board prescribes, all of the following information:

SB453, s. 163 Section 163. 440.91 (2) (a) of the statutes is amended to read:

SB453,54,19 440.91 (2) (a) The name and address of the applicant and, if the applicant is a business entity, the name and address of each business representative.

SB453, s. 164 Section 164. 440.91 (8) of the statutes is amended to read:

SB453,54,23 440.91 (8) Sections 452.13, 452.14, 452.15, 452.18, 452.21 and 452.22, as they apply to real estate brokers or salespersons, apply with equal effect to cemetery authorities and salespersons.

SB453, s. 165 Section 165. 443.01 (2) of the statutes is amended to read:

SB453,55,10 443.01 (2) "Engineer-in-training" means a person who is a graduate in an engineering curriculum of 4 years or more from a school or college approved by the professional engineer section of the examining board as of satisfactory standing, or a person who has had 4 years or more of experience in engineering work of a character satisfactory to the examining board professional engineer section; and who, in addition, has successfully passed the examination in the fundamental engineering subjects prior to the completion of the requisite years in engineering work, as provided in s. 443.05, and who has been granted a certificate of record by the examining board professional engineer section stating that the person has successfully passed this portion of the professional examinations.

SB453, s. 166 Section 166. 443.015 (title) of the statutes is amended to read:

SB453,55,13 443.015 (title) Examining board to establish continuing education requirements; promulgate rules.

SB453, s. 167 Section 167. 443.015 of the statutes is renumbered 443.015 (1) and amended to read:

SB453,55,18 443.015 (1) The Each section of the examining board may establish continuing education requirements for renewal of a credential issued by that section under this chapter.

SB453, s. 168 Section 168. 443.015 (2) of the statutes is created to read:

SB453,55,23 443.015 (2) Each section of the examining board may promulgate rules governing the professional conduct of individuals, firms, partnerships, and corporations registered, permitted, certified, or granted a certificate of authorization by that section.

SB453, s. 169 Section 169. 443.03 (1) (intro.) of the statutes is amended to read:

SB453,56,3 443.03 (1) (intro.) An applicant for registration as an architect shall submit as satisfactory evidence to the architect section of the examining board all of the following:

SB453, s. 170 Section 170. 443.03 (1) (a) of the statutes is amended to read:

SB453,56,6 443.03 (1) (a) That he or she has acquired a thorough knowledge of sound construction, building hygiene, architectural design and mathematics ; and.

SB453, s. 171 Section 171. 443.03 (1) (b) (intro.) of the statutes is created to read:

SB453,56,8 443.03 (1) (b) (intro.) One of the following:

SB453, s. 172 Section 172. 443.03 (1) (b) 1. of the statutes is renumbered 443.03 (1) (b) 1m. and amended to read:

SB453,56,15 443.03 (1) (b) 1m. A diploma of graduation, or a certificate, from an architectural school or college approved by the examining board architect section as of satisfactory standing, together with at least 2 years' practical experience of a character satisfactory to the examining board architect section in the design and construction of buildings; or.

SB453, s. 173 Section 173. 443.03 (1) (b) 2. of the statutes is amended to read:

SB453,56,19 443.03 (1) (b) 2. A specific record of 7 or more years of experience in architectural work of a character satisfactory to the examining board architect section in the design and construction of buildings.

SB453, s. 174 Section 174. 443.03 (2) of the statutes is amended to read:

SB453,57,3 443.03 (2) Graduation in architecture from a school or college approved by the examining board architect section as of satisfactory standing shall be considered as equivalent to 5 years of experience, and the completion satisfactory to the examining board architect section of each year of work in architecture in such school or college without graduation shall be considered equivalent to one year of experience. Graduation in a course other than architecture from a school or college approved by the examining board architect section as of satisfactory standing shall be considered as equivalent to not more than 4 years of experience.

SB453, s. 175 Section 175. 443.035 (intro.) of the statutes is amended to read:

SB453,57,7 443.035 Registration requirements for landscape architects. (intro.) The landscape architect section of the examining board shall register as a landscape architect an individual who does all of the following: