2013 WISCONSIN ACT 124
An Act to renumber 450.19 (1) (a); to renumber and amend 450.19 (1) (b) and 450.19 (2) (a); to amend 15.405 (2) (a), 15.405 (17), 101.983 (title), 101.983 (1) (a), 101.983 (1) (b), 101.983 (1) (c) (intro.), 101.983 (1) (c) 1., 101.983 (1) (c) 2., 101.983 (1) (c) 3., 101.983 (1) (d) (intro.), 101.983 (1) (d) 1., 101.983 (1) (d) 2., 101.983 (2) (a), 101.983 (2) (c), 101.983 (3), 101.984 (3), 101.985 (3), 101.985 (5) (b) 1., 101.985 (5) (b) 2. b., 145.01 (5), 255.35 (1m) (g), 440.03 (13) (c), 440.974 (2), 441.01 (4), 441.04, 441.08, 441.10 (1), 441.10 (3) (e), 441.115 (1), 441.12 (2), 450.035 (1r), 450.035 (1t), 450.035 (2), 450.035 (2g), 450.05, 450.08 (1), 450.08 (2) (a), 450.085 (1), 450.19 (2) (intro.), 450.19 (2) (b), 450.19 (2) (d), 450.19 (2) (f), 450.19 (3) (a), 450.19 (3) (b), 452.01 (4) and 452.14 (4m) (intro.); to repeal and recreate 101.983 (2) (title); and to create 101.983 (4), 440.20 (5), 450.19 (2) (a) 2. and 450.19 (2) (a) 3. of the statutes; relating to: the authority and responsibilities of the Department of Safety and Professional Services and the various boards under that department, the membership of the Cosmetology Examining Board, professional licensure of pharmacists, the Pharmacy Examining Board's operation of the prescription drug monitoring program, authorizing the construction, installation, alteration, operation, and inspection of elevators and other similar conveyances, and licensing requirements for elevator mechanics, inspectors, and contractors.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
124,1
Section
1. 15.405 (2) (a) of the statutes is amended to read:
15.405 (2) (a) In operation, the examining board shall be divided into an architect section, a landscape architect section, an a professional engineer section, a designer section and a land surveyor section. Each section shall consist of the 3 members of the named profession appointed to the examining board and 2 public members appointed to the section. The examining board shall elect its own officers, and shall meet at least twice annually.
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Section
2. 15.405 (17) of the statutes is amended to read:
15.405 (17) Cosmetology examining board. There is created a cosmetology examining board in the department of safety and professional services. The cosmetology examining board shall consist of 9 members appointed for 4-year terms. Four members shall be licensed aestheticians or cosmetologists, 2 members shall be public members, one member shall be a representative of a private school of cosmetology, one member shall be a representative of a public school of cosmetology and one member shall be a licensed electrologist. Except for the 2 No more than 4 members representing schools, no member may be connected with or have any financial interest in a cosmetology school.
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Section
3. 101.983 (title) of the statutes is amended to read:
101.983 (title) Conveyance
Approvals and permits for conveyances required.
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Section
4. 101.983 (1) (a) of the statutes is amended to read:
101.983 (1) (a) Permit
Approval required. No person may construct, install, or alter a conveyance in this state unless an elevator contractor licensed by the department under s. 101.985 (1) has received a permit an approval for the construction, installation, or alteration from the department.
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Section
5. 101.983 (1) (b) of the statutes is amended to read:
101.983 (1) (b) Application. A person applying for a permit an approval under par. (a) shall include, along with the application, copies of specifications and accurately scaled and fully dimensioned plans showing the location of the construction, installation, or alteration in relation to the plans and elevation of the building; the location of the applicable machinery room, if any, and the equipment to be constructed, installed, or altered; and all structural supporting members relevant to the construction, installation, or alteration, including foundations. The specifications and plans shall be sufficiently complete to illustrate all details of design and construction, installation, or alteration. The application shall specify all materials to be used and all loads to be supported or conveyed. The department may authorize a person to include the application and other information required under this paragraph with any submission required under s. 101.12 (1) to avoid duplicative filing of information.
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Section
6. 101.983 (1) (c) (intro.) of the statutes is amended to read:
101.983 (1) (c) Revocation. (intro.) The department may revoke a permit an approval issued under this subsection if the department finds any of the following:
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Section
7. 101.983 (1) (c) 1. of the statutes is amended to read:
101.983 (1) (c) 1. That information submitted under par. (b) by the person obtaining the permit approval contains false statements or misrepresentations of material fact.
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Section
8. 101.983 (1) (c) 2. of the statutes is amended to read:
101.983 (1) (c) 2. That the permit
approval was issued in error.
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Section
9. 101.983 (1) (c) 3. of the statutes is amended to read:
101.983 (1) (c) 3. That the work performed under the permit approval is not consistent with information submitted under par. (b) by the person obtaining the permit approval or is in violation of this subchapter or rules promulgated under this subchapter.
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Section
10. 101.983 (1) (d) (intro.) of the statutes is amended to read:
101.983 (1) (d) Expiration. (intro.) A permit An approval issued under this subsection expires under any of the following circumstances:
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Section
11. 101.983 (1) (d) 1. of the statutes is amended to read:
101.983 (1) (d) 1. If the work authorized under the permit approval is not commenced within 6 months after the date on which the permit approval is issued, or within a shorter period of time as specified by the department at the time the permit approval is issued.
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Section
12. 101.983 (1) (d) 2. of the statutes is amended to read:
101.983 (1) (d) 2. If the work authorized under the permit approval is suspended or abandoned for 60 consecutive days at any time following the commencement of the work, or for a shorter period of time as specified by the department at the time the permit approval is issued.
101.983 (2) (title) Operating permits; inspections.
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Section
14. 101.983 (2) (a) of the statutes is amended to read:
101.983 (2) (a) Permit
Operating permit required. No person may allow a conveyance to be operated on property owned by the person unless the person has received a permit for the under this subsection from the department that authorizes its operation from the department. The department may not issue a permit required under this paragraph until all inspections required under par. (c) are completed.
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Section
15. 101.983 (2) (c) of the statutes is amended to read:
101.983 (2) (c) Inspections. The department may not issue or renew a permit for a conveyance under this subsection unless the department has received or an independent inspector has conducted an inspection of the conveyance and has prepared an inspection report for certifying that the conveyance issued by an elevator inspector licensed under s. 101.985 (3) indicating that the conveyance complies with this subchapter and any applicable rules promulgated under this subchapter. This inspection by the department does not exempt the owner from the requirement to ensure that the department receives an inspection report from a licensed elevator inspector. Upon performing this inspection, the Any inspection under this subsection or sub. (3) shall be performed by an inspector who is licensed under s. 101.985 (3).
(d) Instruction on operation. When issuing or renewing a permit under this subsection, the department shall give the owner notice of relevant conveyance safety requirements and shall instruct the owner as to the procedure for obtaining periodic inspections and renewing the permit under which the lift or equipment conveyance is operated.
101.983 (3) Inspections; individual residential dwelling units. No owner of a residence may sell or otherwise transfer If the owner and a prospective buyer of an individual residential dwelling unit that is served by a dumbwaiter or an elevator unless the owner provides the purchaser or transferee, prior to the sale or transfer of the property, with an inspection report from enter into a contract of sale for the unit that includes a provision requiring that the dumbwaiter or elevator be inspected, the inspection shall be performed by an elevator inspector licensed under s. 101.985 (3) that indicates that the dumbwaiter or elevator complies with this subchapter and any applicable rules promulgated under this subchapter.
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Section
17. 101.983 (4) of the statutes is created to read:
101.983 (4) Municipalities as agents. The department may appoint a city or village as its agent to do any of the following:
(a) Issue approvals under sub. (1) (a).
(b) Issue or renew permits under sub. (2) (a).
(c) Conduct inspections and prepare inspection reports as provided under sub. (2) (c) and sub. (3).
(d) Give notice and provide instruction as required under sub. (2) (d).
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Section
18. 101.984 (3) of the statutes is amended to read:
101.984 (3) Elevator inspector. No individual may perform an elevator inspection of a conveyance in this state unless the individual is licensed as an elevator inspector under s. 101.985 (3) and holds a certification as an elevator inspector issued by a person approved by the American Society of Mechanical Engineers.
124,19
Section
19. 101.985 (3) of the statutes is amended to read:
101.985 (3) Elevator inspector. The department shall issue an elevator inspector license to each individual who demonstrates to the satisfaction of the department that the individual is adequately qualified and able to provide elevator inspection services of conveyances as required under s. 101.983 (2). The department shall promulgate rules that establish the qualifications required for issuance of an elevator inspector license.
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Section
20. 101.985 (5) (b) 1. of the statutes is amended to read:
101.985 (5) (b) 1. Except as otherwise provided in this subdivision, an An applicant for renewal of a license under sub. (1), (2) (ab), (ad), or (b), or (3) shall provide to the department a certificate indicating that, during the one-year period before the date on which the applicant's license expires term of the license, the applicant has satisfactorily met the education requirements established by rule under subd. 2. If the applicant is not an individual, the certificate shall indicate that the education requirements were satisfactorily met by an individual who, as of the date of the application, is an agent of the applicant.
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Section
21. 101.985 (5) (b) 2. b. of the statutes is amended to read:
101.985 (5) (b) 2. b. The number of hours of education required on an annual basis.
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Section
22. 145.01 (5) of the statutes is amended to read:
145.01 (5) Governmental unit responsible for regulation of private on-site wastewater treatment systems. "Governmental unit responsible for the regulation of private on-site wastewater treatment systems" or "governmental unit", unless otherwise qualified, means the county except that in a county with a population of 500,000 750,000 or more these terms mean the city, village or town where the private on-site wastewater treatment system is located.
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Section
23. 255.35 (1m) (g) of the statutes is amended to read:
255.35 (1m) (g) "School of pharmacy" means a school of pharmacy that is accredited by the American Accreditation Council on Pharmaceutical for Pharmacy Education.
124,24
Section
24. 440.03 (13) (c) of the statutes is amended to read:
440.03 (13) (c) The department shall require an applicant for a private detective license or a private security permit under s. 440.26, an applicant for a juvenile martial arts instructor permit under sub. (17), an applicant for a real estate appraiser certification under s. 458.06 or license under s. 458.08, and a person for whom the department conducts an investigation under par. (b), to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete set of the person's fingerprints. The department of justice may submit the fingerprint cards, and the department of justice shall submit the fingerprint cards of all applicants for a real estate appraiser certification under s. 458.06 or license under s. 458.08, to the federal bureau of investigation for the purpose of verifying the identity of the persons fingerprinted and obtaining records of their criminal arrests and convictions.
124,25
Section
25. 440.20 (5) of the statutes is created to read:
440.20 (5) In addition to any grounds for discipline specified in chs. 440 to 480, the department, or the appropriate credentialing board or other board in the department, may reprimand a credential holder, or may deny, limit, suspend, or revoke a credential, if the credential holder fails to respond, to the satisfaction of the department, credentialing board, or other board in the department, within 30 days to a request for information from the department, credentialing board, or other board in the department in connection with an investigation of alleged misconduct of the credential holder.
124,26
Section
26. 440.974 (2) of the statutes is amended to read:
440.974 (2) The department shall promulgate rules establishing continuing education requirements for individuals registered under this subchapter. The rules promulgated under this subsection shall require the completion of at least 20 40 hours of continuing education during each calendar year every 2 years.
124,27
Section
27. 441.01 (4) of the statutes is amended to read: