AB163: Bill Text

LRB-1560/3

MG/RK/AG/FK/RC/TD/MD:all:jm

2015 - 2016 LEGISLATURE

2015 Assembly BILL 163

April 14, 2015 - Introduced by Representative Ballweg, cosponsored by Senators Roth and Farrow. Referred to Committee on State Affairs and Government Operations.

AB163,5,20 An Act to repeal 15.07 (5) (i), 15.18, 15.183, 15.185 (title), 15.185 (7) (title), 15.40, 15.405 (12) (title), 15.945, 20.144 (title), 20.144 (intro.), 20.165 (intro.), 20.165 (1) (gc), 20.165 (1) (ke), 20.165 (2) (de), 20.165 (2) (g), 20.165 (2) (kg), 20.165 (2) (km), 20.292 (2), 20.320 (3) (title), 20.320 (3) (q), 20.923 (4) (f) 3f., 20.923 (4) (f) 8m., 20.923 (12), 38.50 (title), 38.50 (1) (a), 38.50 (1) (f), 38.50 (1) (g), 38.50 (5), 38.50 (7), 38.50 (8), 38.50 (10), 38.50 (13) (a) 2. b., 38.50 (13) (a) 2. e., 38.50 (13) (d), 46.90 (5m) (br) 5g., 55.043 (4) (b) 5g., 101.31, 101.657, 138.12 (1) (a), 138.14 (1) (f), 145.245, 214.01 (1) (im), 214.72 (1) (am), 215.01 (6), 217.02 (2m), 218.02 (1) (d), 218.04 (1) (c), 218.05 (1) (d), 220.01 (1m), 222.0102 (3), 224.71 (1e), 224.90 (1), 230.08 (2) (e) 4f., 230.08 (2) (e) 11m., 230.08 (2) (v), 230.339, 250.041 (1) (b), 254.115 (1) (d), 281.59 (1m) (c), 440.03 (13) (b) 73., 440.03 (13) (b) 74., 440.08 (2) (a) 70., 440.08 (2) (a) 71., 462.01 (3), 551.102 (5m), 552.01 (1) and 553.03 (3); to renumber 15.406 (title), 15.407 (title), 16.28, 16.283, 16.285, 16.287, 20.144 (1) (title), 20.144 (1) (a), 20.144 (1) (i), 20.144 (1) (j), 20.144 (1) (m), 20.144 (1) (u), 20.165 (1) (gm), 20.165 (1) (h), 20.165 (1) (hg), 20.165 (1) (i), 20.165 (1) (im), 20.165 (1) (jm), 20.165 (1) (k), 20.165 (1) (ka), 20.165 (1) (kb), 20.165 (1) (kc), 20.165 (1) (n), 20.165 (1) (o), 20.165 (1) (pz), 20.165 (1) (s), 20.165 (2) (title), 20.165 (2) (a), 20.165 (2) (ga), 20.165 (2) (gb), 20.165 (2) (h), 20.165 (2) (ka), 20.165 (2) (kd), 20.165 (2) (ks), 20.165 (2) (L), 20.165 (2) (La), 20.165 (2) (m), 20.165 (2) (ma), 20.165 (2) (q), 93.135 (1) (a), chapter 453 (title), 453.02, 453.04, 453.065, 453.068, 453.075 and 453.08; to renumber and amend 15.105 (32), 15.105 (33), 15.185 (1), 15.185 (3), 15.185 (7) (a), 15.185 (7) (b), 15.405 (title), 15.405 (1), 15.405 (1m), 15.405 (2), 15.405 (2m), 15.405 (3), 15.405 (3m), 15.405 (5), 15.405 (5g), 15.405 (6), 15.405 (6m), 15.405 (7), 15.405 (7c), 15.405 (7e), 15.405 (7g), 15.405 (7m), 15.405 (7r), 15.405 (8), 15.405 (9), 15.405 (10m), 15.405 (10r), 15.405 (11m), 15.405 (12), 15.405 (16), 15.405 (17), 15.406 (2), 15.406 (3), 15.406 (4), 15.406 (5), 15.406 (6), 15.407 (1m), 15.407 (2), 15.407 (2m), 15.407 (3), 15.407 (5), 15.407 (6), 15.407 (7), 15.407 (8), 15.407 (9), 15.407 (10), 15.407 (11), 15.407 (12), 15.407 (13), 15.407 (14), 15.407 (16), 15.407 (17), 15.407 (18), 20.144 (1) (g), 20.144 (1) (h), 20.165 (1) (title), 20.165 (1) (a), 20.165 (1) (g), 20.165 (1) (m), 20.165 (2) (j), 20.505 (1) (gr), 38.50 (1) (intro.), (b), (c), (d) and (e), 38.50 (2), 38.50 (3), 38.50 (11), 38.50 (12), 38.50 (13) (title), (a) (intro.), 1., 2. (intro.), a., c. and d., 3. and 4., (b) and (c), 145.01 (4m), 252.23, 252.24, 252.241, 252.245, 255.08, 453.03, 453.05, 453.06, 453.062, 453.07 and 453.072; to amend 15.08 (1m) (a), 15.08 (1m) (am), 15.085 (1m) (a), 15.085 (1m) (am), 16.75 (3m) (a) 1., 16.75 (3m) (a) 2., 16.75 (3m) (a) 3., 16.75 (3m) (a) 4., 16.75 (3m) (c) 5. a., 16.75 (3m) (c) 5. b., 16.854 (1) (a), 16.854 (1) (b), 16.855 (10m) (ac), 16.855 (10n) (a), 16.87 (1) (am), 18.16 (1) (a), 18.16 (1) (b), 18.16 (1) (c), 18.16 (1) (d), 18.64 (1) (a), 18.64 (1) (b), 18.64 (1) (c), 18.64 (1) (d), 18.77 (1) (a), 18.77 (1) (b), 18.77 (1) (c), 18.77 (1) (d), 20.292 (1) (gm), 20.292 (1) (gr), 20.370 (4) (mq), 20.435 (1) (gm), 20.445 (1) (km), 20.575 (1) (g), 20.912 (4), 20.923 (4) (c) 2., 20.923 (8), 25.185 (1) (a), 25.185 (1) (b), 25.185 (1) (c), 25.185 (1) (d), 25.40 (1) (a) 2., 25.43 (3), 25.46 (5c), 29.506 (7m) (a), 29.736 (1) (b), 34.01 (2) (a), 34.03 (3), 34.03 (4), 34.08, 34.10, 36.34 (1) (a) 3., 38.04 (8) (a), 38.26 (1), 39.40 (1) (c), 39.44 (1) (a) 3., 41.53 (1) (h), 42.09 (3) (b), 45.20 (1) (d), 45.20 (2) (a) 1., 45.20 (2) (a) 2. (intro.), 45.20 (2) (c) 1., 45.20 (2) (d) 1. (intro.), 45.21 (2) (a), 45.44 (1) (a) 5., 45.44 (1) (a) 14., 45.44 (1) (b), 46.29 (3) (e), 46.90 (5m) (br) 5., 49.857 (1) (d) 4., 54.15 (8) (a) 3., 55.043 (4) (b) 5., 59.57 (1) (b), 66.1309 (1) (b) 1., 66.1317 (2) (a) 4., 67.12 (12) (a), 71.05 (6) (b) 28. (intro.), 71.07 (5j) (a) 2d., 71.07 (5j) (a) 2m., 71.07 (5j) (c) 3., 71.07 (5r) (a) 2., 71.07 (5r) (a) 6. b., 71.26 (1) (d), 71.28 (5j) (a) 2d., 71.28 (5j) (a) 2m., 71.28 (5j) (c) 3., 71.28 (5r) (a) 2., 71.28 (5r) (a) 6. b., 71.47 (5r) (a) 2., 71.47 (5r) (a) 6. b., 73.0301 (1) (d) 3., 73.0301 (1) (d) 6., 73.0301 (1) (e), 84.075 (1c) (a), 84.075 (1c) (b), 84.076 (1) (c), 84.076 (1) (d), 85.25 (2) (c) 1m. b., 93.20 (1), 93.22 (1), 93.22 (2), 93.22 (3), 94.67 (33m), 94.67 (33t), 95.21 (1) (e), 95.21 (1) (em), 95.21 (2) (a), 101.02 (20) (b), 101.02 (20) (c), 101.02 (20) (d), 101.02 (20) (e) 1., 101.02 (21) (b), 101.02 (21) (e) 1., 101.12 (1) (intro.), 101.149 (6) (b), 101.149 (8) (a), 101.573 (3) (a), 101.573 (5), 101.654 (1m) (e), 101.935 (2) (e), 101.951 (7) (a), 101.951 (7) (b), 101.951 (7) (c), 101.953 (1) (a), 101.973 (8), 107.30 (10), 107.31 (5) (a) (intro.), 108.227 (1) (e) 3., 108.227 (1) (e) 6., 108.227 (1) (f), 111.335 (1) (cx), 112.07 (1), 119.495 (2), 119.496 (2), 125.04 (5) (a) 5., 125.17 (6) (a) (intro.), 134.66 (2m) (b), 138.055 (4) (d), 138.056 (1) (a) 4. d., 138.09 (1d), 138.14 (9r) (f), 138.16 (1) (a), 145.01 (12), 145.02 (title), 145.02 (2), 145.02 (4) (a), 145.045 (1), 145.045 (3), 145.17 (2), 145.19 (1b), 145.19 (1m), 145.19 (2), 145.19 (3), 145.19 (6), 145.20 (2) (e), 145.20 (2) (g), 145.20 (3) (title), 145.20 (3) (a) 1., 145.20 (3) (a) 2., 145.20 (3) (b), 145.20 (3) (c), 145.20 (3) (d), 145.20 (5) (a), 145.20 (5) (am), 145.20 (5) (b), 145.20 (5) (c), 145.23, 145.24 (1), 145.24 (2), 145.24 (3), 157.061 (2g), 157.062 (1), 157.062 (2), 157.062 (6) (b), 157.062 (6m), 157.062 (9), 157.064 (7), 157.11 (9m), 157.12 (3) (b), 157.62 (1) (a) (intro.), 157.62 (1) (c), 157.65 (1) (a), 157.65 (1) (b), 157.65 (2), 165.825, 167.35 (7) (b), 167.35 (7) (c), 169.01 (35) (a), 173.05 (1) (b), 173.41 (2) (e), 173.41 (12) (a) 4., 177.30 (2), 182.028, 186.098 (12), 186.235 (15) (b), 186.314 (2m) (e), 200.49 (1) (b), 200.57 (1) (a), 200.57 (1) (b), 214.04 (21) (b), 214.48 (4) (a), 214.715 (2), 214.72 (1) (b), 214.725 (5), 214.78 (3), 215.02 (4), 215.04 (1) (b), 215.04 (3), 221.0303 (2), 221.0802, 227.01 (13) (zy), 227.52 (3), 227.59, 229.46 (1) (ag), 229.46 (1) (b), 229.70 (1) (ag), 229.70 (1) (am), 229.70 (1) (b), 229.8273 (1) (am), 229.8273 (1) (b), 229.8273 (1) (c), 229.845 (1) (ag), 229.845 (1) (am), 230.08 (2) (yb), 231.27 (1), 231.29 (1), 234.35 (1), 234.36 (1), 236.13 (2m), 250.041 (1) (e), 252.12 (2) (a) 9., 252.12 (2) (c) 2., 257.01 (5) (a), 257.01 (5) (b), 281.33 (2), 281.57 (7) (c) 1., 321.60 (1) (a) 4., 321.60 (1) (a) 12., 409.501 (1) (b), 426.103, 426.104 (2) (intro.), 426.203, chapter 440 (title), 440.01 (2) (cs), 440.03 (3), 440.03 (3q), 440.03 (9) (a) 2., 440.03 (11m) (c), 440.03 (12m), 440.08 (2) (a) (intro.), 440.13 (1) (b), 440.22 (2), 440.25, subchapter V (title) of chapter 440 [precedes 440.51], 440.905 (1), 440.92 (2) (d), 440.945 (5) (b), 441.01 (7) (a) 2., 443.10 (6), 444.04, 444.14, 450.03 (1) (e), 450.10 (3) (a) 8., 450.11 (1m), 450.125, 450.19 (1) (ar), 452.13 (2) (b) 1., 452.13 (2) (b) 2., 452.13 (2) (b) 3., 452.13 (2) (bm), 452.13 (5), 452.14 (5), 460.05 (1) (e) 1., 551.102 (1m), 551.202 (26) (f) (intro.), 551.202 (27) (h) (intro.), 551.205 (1) (b) 1. (intro.), 551.205 (3), 551.206, 551.601 (5), 551.605 (3) (bm) 1., 551.614 (5), 552.23 (1), 553.605 (2), 553.73, 565.01 (4d), 565.01 (4e), 601.415 (9), 601.72 (1) (intro.), 601.72 (2), 601.72 (3), 601.73 (1) (intro.), 601.73 (1) (a), 601.73 (1) (b), 601.73 (2) (a), 601.73 (2) (b), 601.73 (3), 601.93 (2), 610.70 (1) (a), 611.29 (1), 611.72 (1), 611.73 (1) (a), 611.74 (1), 611.76 (11), 613.01 (8) (title), 616.09 (1) (c) 2., 616.74 (1) (c), 632.10 (1), 644.09 (2), 766.565 (7), 813.16 (7), 940.207 (title), 940.207 (2) (intro.), 940.207 (2) (a), 944.21 (8) (b) 3. a., 948.11 (4) (b) 3. a., 978.05 (6) (a) and 995.55 (1) (b); and to create 15.135 (5) (title), 15.17, 20.001 (7), 20.115 (2) (jm), 20.142 (intro.), 20.142 (1) (title), 20.142 (1) (gm), 20.142 (1) (k), 20.142 (1) (m), 20.923 (4) (f) 3d., 50.92 (3m), 89.02 (3d), 89.063, 89.085, 93.135 (1) (ab), 100.67, 138.12 (1) (am), 145.01 (4m) (a), 145.01 (4m) (b), 145.01 (4m) (c), 145.01 (4m) (d), 145.01 (4m) (e), 145.02 (2m), 145.19 (6m), 145.20 (7), chapter 203 (title), 203.01, 214.01 (1) (f), 215.01 (6f), 217.02 (2k), 218.02 (1) (dm), 218.04 (1) (bm), 218.05 (1) (cm), 230.08 (2) (e) 4g., 321.60 (1) (a) 6m., 440.52 (title), 440.52 (7m), 440.52 (11) (bm), chapter 463 (title), 463.18, 551.102 (4t), 552.01 (1m), 553.03 (2m) and 616.09 (1) (c) 3. of the statutes; relating to: elimination of the Department of Safety and Professional Services and the Department of Financial Institutions; elimination of the Educational Approval Board; creation of the Department of Financial Institutions and Professional Standards; transfer of the Veterinary Examining Board to the Department of Agriculture, Trade and Consumer Protection, providing an exemption from emergency rule procedures; requiring the exercise of rule-making authority; and making appropriations.

Analysis by the Legislative Reference Bureau

Commerce and economic development

Under current law, the Department of Financial Institutions (DFI) regulates state-chartered banks, savings and loan associations, savings banks, and certain operations of the securities industry in this state. DFI also reviews and files charters, articles of incorporation, and other documents of business organizations and registers and oversees the mortgage banking industry. Finally, DFI oversees Uniform Commercial Code filings in this state and administers the Wisconsin Consumer Act.

This bill transfers all of the functions of DFI, including functions of the Division of Banking and the Division of Securities, to the Department of Financial Institutions and Professional Standards (DFIPS). Additionally, this bill transfers the Office of Credit Unions to DFIPS.

Under current law, the Department of Administration (DOA) administers disabled veteran-owned business certifications, woman-owned business certifications, and minority business certifications that are designed to encourage the creation and foster the growth of Wisconsin businesses owned by women, disabled veterans, or minorities. A business that qualifies for and maintains one of those certifications may be eligible to receive certain advantages bidding on public projects and other benefits. This bill transfers the administration of those certifications to DFIPS.

Also under current law, there is attached to DOA a Small Business Regulatory Review Board, which is tasked with reviewing and making reports concerning proposed administrative rules that may have an economic impact on small businesses. The Small Business Regulatory Review Board is advised by the Office of Business Development, which is also attached to DOA. The bill transfers the Small Business Regulatory Review Board and the Office of Business Development from DOA to DFIPS.

education

Under current law, the Educational Approval Board (EAB), which is attached to the Technical College System Board, inspects and approves private trade, correspondence, business, and technical schools. The EAB also issues permits to, and regulates, persons who solicit students for enrollment in these schools. The EAB also performs certain functions related to the preservation of student records at closed schools. The EAB also has certain consumer protection functions related to deceptive practices involving institutions of higher education.

This bill eliminates the EAB. The bill eliminates some current functions of the EAB, transfers some functions to DFIPS, and transfers some functions to the Department of Agriculture, Trade and Consumer Protection (DATCP). Under the bill, DFIPS must, upon application, issue written authorization to a proprietary school if the school meets requirements established by rule by DFIPS. One requirement is that the school must have accreditation recognized by the federal Department of Education or by the Council for Higher Education Accreditation. The EAB's record preservation functions are also transferred to DFIPS. Certain consumer protection functions of the EAB are transferred to DATCP.

health and human services

The bill transfers oversight of tattooing, body piercing, and tanning from the Department of Health Services, which currently regulates those areas, to DFIPS.

Safety and professional services

Under current law, the Department of Safety and Professional Services (DSPS) and the various boards and councils attached to DSPS regulate professional licensure and buildings and safety in Wisconsin. This bill eliminates DSPS and transfers all of its functions to DFIPS. The bill attaches to DFIPS the various boards and councils attached to DSPS under current law, except that the bill transfers the Veterinary Examining Board to DATCP.

Under current law, DSPS administers the laws regulating private on-site wastewater treatment systems. Generally, a private on-site wastewater treatment system is a sewage treatment and disposal system serving a single structure with a septic tank and soil absorption field located on the same parcel as the structure. Current law also requires certain local governmental units to enact ordinances regulating private on-site wastewater treatment systems.

This bill transfers DSPS's responsibilities with respect to administration of the laws regulating private on-site wastewater treatment systems to the Department of Natural Resources, except that the bill eliminates a grant program for individuals and businesses served by failing private on-site wastewater treatment systems.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB163,1 Section 1. 15.07 (5) (i) of the statutes is repealed.

AB163,2 Section 2. 15.08 (1m) (a) of the statutes is amended to read:

AB163,7,5 15.08 (1m) (a) Public members appointed under s. 15.405 15.175 or 15.407 15.177 shall have all the powers and duties of other members except they shall not prepare questions for or grade any licensing examinations.

AB163,3 Section 3. 15.08 (1m) (am) of the statutes is amended to read:

AB163,7,13 15.08 (1m) (am) Public members appointed under s. 15.405 15.175 or 15.407 15.177 shall not be, nor ever have been, licensed, certified, registered, or engaged in any profession or occupation licensed or otherwise regulated by the board, examining board, or examining council to which they are appointed, shall not be married to any person so licensed, certified, registered, or engaged, and shall not employ, be employed by, or be professionally associated with any person so licensed, certified, registered, or engaged.

AB163,4 Section 4. 15.085 (1m) (a) of the statutes is amended to read:

AB163,8,4 15.085 (1m) (a) Public members appointed under s. 15.406 15.176 shall have all of the powers and duties of other members except that they shall not prepare questions for or grade any licensing examinations.

AB163,5 Section 5. 15.085 (1m) (am) of the statutes is amended to read:

AB163,8,11 15.085 (1m) (am) Public members appointed under s. 15.406 15.176 shall not be, nor ever have been, licensed, certified, registered, or engaged in any profession or occupation licensed or otherwise regulated by the affiliated credentialing board to which they are appointed, shall not be married to any person so licensed, certified, registered, or engaged, and shall not employ, be employed by, or be professionally associated with any person so licensed, certified, registered, or engaged.

AB163,6 Section 6. 15.105 (32) of the statutes is renumbered 15.142 (18g) and amended to read:

AB163,8,18 15.142 (18g) Office of business development. There is created an office of business development which is attached to the department of administration financial institutions and professional standards under s. 15.03. The office shall be under the direction and supervision of a director who shall be appointed by the governor to serve at his or her pleasure.

AB163,7 Section 7. 15.105 (33) of the statutes is renumbered 15.142 (18r) and amended to read:

AB163,9,2 15.142 (18r) Small business regulatory review board. There is created a small business regulatory review board, attached to the department of administration financial institutions and professional standards under s. 15.03. The board shall consist of 7 representatives of small businesses, as defined in s. 227.114 (1), who shall be appointed for 3-year terms, and the chairpersons of one senate and one assembly committee concerned with small businesses, appointed as are members of standing committees.

AB163,8 Section 8. 15.135 (5) (title) of the statutes is created to read:

AB163,9,4 15.135 (5) (title) Veterinary examining board.

AB163,9 Section 9. 15.17 of the statutes is created to read:

AB163,9,9 15.17 Department of financial institutions and professional standards. There is created a department of financial institutions and professional standards under the direction and supervision of the secretary of financial institutions and professional standards.

AB163,10 Section 10. 15.18 of the statutes is repealed.

AB163,11 Section 11. 15.183 of the statutes is repealed.

AB163,12 Section 12. 15.185 (title) of the statutes is repealed.

AB163,13 Section 13. 15.185 (1) of the statutes is renumbered 15.175 (14m) and amended to read:

AB163,9,20 15.175 (14m) Banking review board. There is created in the department of financial institutions and professional standards a banking review board consisting of 5 persons, appointed for staggered 5-year terms. At least 3 members shall be experienced bankers having at least 5 years' experience in the banking business. No member is qualified to act in any matter involving a bank in which the member is an officer, director or stockholder, or to which the member is indebted.

AB163,14 Section 14. 15.185 (3) of the statutes is renumbered 15.175 (15m) and amended to read:

AB163,9,25 15.175 (15m) Savings institutions review board. There is created in the department of financial institutions and professional standards a savings institutions review board consisting of 5 members, at least 3 of whom shall have not less than 5 years' experience in the savings and loan or savings bank business in this state, appointed for 5-year terms.

AB163,15 Section 15. 15.185 (7) (title) of the statutes is repealed.

AB163,16 Section 16. 15.185 (7) (a) of the statutes is renumbered 15.175 (16m) and amended to read:

AB163,10,15 15.175 (16m) Office of credit unions ; creation. There is created in the department of financial institutions and professional standards an office of credit unions which is attached to the department of financial institutions under s. 15.03. The director shall be appointed by the governor to serve at the pleasure of the governor. No person may be appointed director who has not had at least 3 years of actual experience either in the operation of a credit union, or serving in a credit union supervisory capacity, or a combination of both. Notwithstanding s. 15.03, all personnel and budget requests by the office of credit unions shall be processed and forwarded by the department of financial institutions without change except as requested and concurred in by the office of credit unions.

AB163,17 Section 17. 15.185 (7) (b) of the statutes is renumbered 15.175 (16r) and amended to read:

AB163,10,22 15.175 (16r) Credit union review board. There is created in the office of credit unions department of financial institutions and professional standards a credit union review board consisting of 5 persons, appointed for staggered 5-year terms. All members shall have at least 5 years' experience in the operations of a credit union. The office of credit unions may call special meetings of the review board.

AB163,18 Section 18. 15.40 of the statutes is repealed.

AB163,19 Section 19. 15.405 (title) of the statutes is renumbered 15.175 (title) and amended to read:

AB163,11,2 15.175 (title) Same; attached boards and, examining boards, and offices.

AB163,20 Section 20. 15.405 (1) of the statutes is renumbered 15.175 (1) and amended to read:

AB163,11,10 15.175 (1) Accounting examining board. There is created an accounting examining board in the department of safety and professional services financial institutions and professional standards. The examining board shall consist of 7 members, appointed for staggered 4-year terms. Five members shall hold certificates as certified public accountants and be eligible for licensure to practice in this state. Two members shall be public members.

AB163,21 Section 21. 15.405 (1m) of the statutes is renumbered 15.175 (1m), and 15.175 (1m) (a) (intro.) and 5., as renumbered, are amended to read:

AB163,11,16 15.175 (1m) (a) (intro.) There is created a building inspector review board which is attached to the department of safety and professional services financial institutions and professional standards under s. 15.03 that consists of the following members:

AB163,11,19 5. A building inspector certified by the department of safety and professional services financial institutions and professional standards, to inspect public buildings, places of employment, or one-family and two-family dwellings.

AB163,22 Section 22. 15.405 (2) of the statutes is renumbered 15.175 (2), and 15.175 (2) (intro.), as renumbered, is amended to read: