AB688,10,98
941.25
(1) Definition. (intro.) In
ss. 941.25 and 941.26 this section, "machine
9gun" means any of the following:
Note: Renumbers a provision for more logical placement and consistency with
current style. Section 941.27 (1) contains a definition applicable to ss. 941.25 and 941.26.
This bill makes the definition a part of each of ss. 941.25 and 941.26, removing the need
for a separate provision in s. 941.27. Section 941.25 does not contain subsection titles.
See also Section 19 of this bill.
AB688,31
10Section
31
. 941.27 (2) of the statutes is renumbered 941.25 (3) and amended
11to read:
AB688,10,1912
941.25
(3) Exceptions. Sections 941.25 and 941.26 shall This section does not
13prohibit or interfere with the manufacture for, and sale of, machine guns to the
14military forces or the peace officers of the United States or of any political subdivision
15thereof, or the transportation required for that purpose; the possession of a machine
16gun for scientific purpose, or the possession of a machine gun not usable as a weapon
17and possessed as a curiosity, ornament
, or keepsake; or the possession of a machine
18gun other than one adapted to use pistol cartridges for a purpose manifestly not
19aggressive or offensive.
Note: Renumbers provision for more logical placement and consistency with
current style. Section 941.27 (2) provides exceptions to ss. 941.25 and 941.26. This bill
makes the exceptions a part of each of ss. 941.25 and 941.26, removing the need for a
separate provision in s. 941.27. This provision also replaces "shall not" with "does not"
in the first sentence, consistent with current style. Section 941.25 does not contain
subsection titles. Identical language is recreated in s. 941.26. See also Section 28 of this
bill.
AB688,32
1Section
32. The treatment of NR 146.01 of the administrative code by CR
213-096 is not repealed by CR 13-099. Both treatments stand.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, as required under s. 13.92 (4) (bm), s. NR 146.01 reads:
NR 146.01 Purpose and applicability. (1) Purpose. This chapter is
promulgated under chs. 280 and 281, Stats. The purpose of this chapter is to establish
the criteria by which the department administers the water well driller, heat exchange
driller, and pump installer licensing and registration program and water well and heat
exchange drilling rig operator registration program required by ch. 280, Stats., and the
licensing requirements for: filling and sealing potable and nonpotable water supply wells;
and locating or evaluating wells that need to be filled and sealed, and locating or
evaluating water supply wells and pressure systems at time of property transfer.
(2) Applicability. This chapter applies to any individual or person engaging in,
or intending to engage in the business of water well drilling, heat exchange drilling, pump
installing, filling and sealing of potable and nonpotable water supply wells, and locating
or evaluating wells or drillholes that need to be filled and sealed, or locating or evaluating
water supply wells and pressure systems at time of property transfer in the state of
Wisconsin. The license requirements of this chapter do not apply to water well drilling
or pump installing activities involving a well supplying water which is not used for, or is
not intended to be used for, human consumption or for the washing or preparation of food
or pharmaceutical products.
AB688,33
3Section
33. The treatment of NR 146.02 (3) of the administrative code by CR
413-096 is not repealed by CR 13-099. Both treatments stand.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, as required under s. 13.92 (4) (bm), s. NR 146.02 (3) reads:
(3) "Direct supervision" means actual physical presence and supervision by a
Wisconsin licensed individual water well driller during all water well drilling activities,
by a Wisconsin licensed individual heat exchange driller during all heat exchange drilling
activities, or by a Wisconsin licensed individual pump installer during all pump installing
activities.
AB688,34
5Section
34. The treatment of NR 146.02 (7m) of the administrative code by CR
613-096 is not repealed by CR 13-099, section 14. Both treatments stand.
Note: Section NR 146.02 (7m), as created by CR 13-096, and 146.02 (7g), as
created by CR 13-099, section 14, are substantively identical except for the inclusion of
"heat exchange drilling" in CR 13-096. There is no conflicting language or punctuation
in the 2 provisions. Section NR 146.02 (7m), as created by CR 13-096, was renumbered
s. NR 146.02 (7g) by the legislative reference bureau under s. 13.92 (4) (b) 7. and the two
provisions were merged under s. 13.92 (4) (bm). As merged by the legislative reference
bureau, s. NR 146.02 (7g) reads:
(7g) "Under the supervision" means employed by a licensed individual or by a
registered person, employing or contracting with a licensed supervisory individual, who
is legally and financially responsible for compliance with all applicable laws and rules
and any plans, specifications, variances and approvals approved by the department, and
who has advance and specific knowledge of water well drilling, heat exchange drilling,
pump installing, or well filling and sealing activities.
AB688,35
1Section
35. The treatments of NR 146.03 (1) and (3) of the administrative code
2by CR 13-096 are not repealed by CR 13-099. All treatments stand.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, as required under s. 13.92 (4) (bm), s. NR 146.03 (1) and (3) read:
(1) Required. No individual or person may engage in the business of water well
drilling, heat exchange drilling, pump installing or filling and sealing, or property
transfer well inspections, or hold himself, herself or itself out as or act temporarily or
otherwise as a water well driller, heat exchange driller, or pump installer or well or
drillhole filler and sealer, or property transfer well inspector in the state of Wisconsin
without first obtaining either a water well driller, heat exchange driller, or pump installer
license or a water well driller, heat exchange driller, or pump installer registration from
the department.
(3) Performance standards. All water well drilling, heat exchange drilling, pump
installing, filling and sealing and property transfer well inspections shall comply with the
applicable laws and rules and with any plans, specifications, variances, and approvals
approved by the department.
AB688,36
3Section
36. The treatments of NR 146.04 (1) (a) and (d) of the administrative
4code by CR 13-096 are not repealed by CR 13-099. All treatments stand.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, as required under s. 13.92 (4) (bm), s. NR 146.04 (1) (a) and (d) read:
(a) All new license and registration applications shall be submitted on forms
specified by the department for this purpose. An applicant for a water well drilling rig
operator registration shall be at least 18 years old. An applicant for an individual water
well driller license shall be at least 20 years old. An applicant for a heat exchange drilling
rig operator registration shall be at least 18 years old. An applicant for an individual heat
exchange driller license shall be at least 20 years old.
(d) The license or registration shall be effective on the date the license or
registration is issued by the department and expires on December 31 of each year.
Licensees and registrants shall inform the department no later than 15 business days
after any changes in the information on the application submitted to the department,
including any change in status or ability of the licensed supervisory individual water well
driller, licensed individual supervisory heat exchange driller or licensed supervisory
individual pump installer to perform their supervisory responsibilities.
AB688,37
5Section
37. The treatment of NR 146.05 (1) of the administrative code by CR
613-096 is not repealed by CR 13-099. Both treatments stand.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, as required under s. 13.92 (4) (bm), s. NR 146.05 (1) reads:
(1) The department may condition a license, registration, or renewal issued under
this chapter based on the experience, qualifications, equipment and compliance history
of the applicant or of the licensed supervisory individual or of the licensed individual
supervisory driller. Conditions which may be imposed by the department include
restriction of water well drilling or heat exchange drilling to specific methods, equipment,
or geologic formations, or advance notification to the department of drilling, pump
installing, well filling and sealing or property transfer well inspection activities.
AB688,38
1Section
38. The treatments of NR 146.07 (1) (a), (b) and (h) and (3) of the
2administrative code by CR 13-096 are not repealed by CR 13-099. All treatments
3stand.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, as required under s. 13.92 (4) (bm), s. NR 146.07 (1) (a), (b), and (h), and (3) read:
(a) To renew a license or registration, the licensee or registrant shall submit a true
and complete renewal application to the department on or before January 1 of each year.
The department may require that proof of compliance with continuing education credit
requirements under sub. (3) be submitted with the renewal application.
(b) Renewal applications shall be submitted on forms specified by the department
and accompanied by an application fee of $50 for each water well driller or heat exchange
driller license or registration; $25 for each pump installer license or registration and $25
for each water well or heat exchange drilling rig operator registration. Only one $50 fee
is required if the same licensee holds both a water well driller or heat exchange driller
license. Only one $50 fee is required if the same registrant holds both a water well driller
or heat exchange driller registration. Only one $25 fee is required if the same registrant
holds both a water well drilling rig operator registration and a heat exchange drilling rig
operator registration.
(h) The renewal application for a business registration shall be signed by both the
licensed supervisory individual driller and the owner of the drilling business.
(3) Continuing education. Each calendar year, licensed and registered
individuals are required to earn six continuing education hours by attending continuing
education sessions sponsored or sanctioned by the department. Continuing education
hours shall be earned between January 1 and December 31 of each year beginning
January 1, 1989 for water well drillers and pump installers, and beginning January 1,
2009 for registered water well drilling rig operators and beginning January 1, 2016, for
licensed heat exchange drillers and registered heat exchange drilling rig operators.
Continuing education hours are not required during the first calendar year in which an
individual becomes licensed or registered for the first time, except that registered water
well drilling rig operators or registered heat exchange drilling rig operators shall earn
continuing education hours during the year in which they are first licensed or registered
if they include their first year as a drilling rig operator toward their experience to obtain
the applicable drilling license.
AB688,39
4Section
39. The treatments of NR 146.08 (intro.), (1), (3), (4), (5), (6) and (7)
5of the administrative code by CR 13-096 are not repealed by CR 13-099. All
6treatments stand.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, as required under s. 13.92 (4) (bm), s. NR 146.08 (intro.), (1), (3), (4), (5), (6), and
(7) read:
NR 146.08 Licensee and registrant responsibilities. All water well driller,
heat exchange driller, and pump installer licensees and registrants and registered water
well drilling and heat exchange rig operators shall do all of the following if applicable to
the individual's license or person's registration:
(1) Perform work in compliance with, and ensure that work performed under their
supervision is conducted in compliance with, all applicable laws and rules and with any
plans specifications, variances, and approvals approved by the department; and perform
work in a sanitary manner.
(3) Complete any corrections ordered by the department for any water well
construction, heat exchange drilling, pump installation or filling and sealing on which the
licensee or registrant performed work, supervised work or signed a well construction
report. Water well drillers shall be responsible for corrections relating to well location,
construction and reconstruction. Heat exchange drillers shall be responsible for
corrections relating to the construction of heat exchange drillholes. Pump installers shall
be responsible for corrections relating to the pump installation. Water well drillers, heat
exchange drillers, and pump installers shall be held responsible for correcting their well
or drillhole filling and sealing violations.
(4) Submit any report or form required to be submitted by applicable laws and
rules and by any plans, specifications, variances, and approvals or orders in the time
period required and notify the department of any change in information submitted on
water well driller, heat exchange driller, or pump installer license, registration and
renewal applications. Reports and forms shall be complete, true and accurate.
(5) Clearly identify the name, and license or registration number of the licensed
supervisory individual or the registered person in all advertising, estimates, invoices,
and receipts and on any water well drilling rig, heat exchange drilling rig, pump
installation truck, or similar equipment. The identification of equipment shall be at least
2 inches in height with at least 1/4 inch wide brush stroke. The identification shall have
a sharp color contrast with the background on which it is applied. The identification shall
remain legible and maintained without deterioration.
(6) Refuse to contract for water well drilling, heat exchange drilling, pump
installing or filling and sealing for, or lease or lend water well drilling, heat exchange
drilling, pump installing or water well filling and sealing equipment to, an unlicensed
individual or unregistered person without having an employee/employer relationship
and without directly supervising the water well drilling, pump installing, or filling and
sealing activities of the unlicensed individual or unregistered person.
(7) Refuse to contract for water well drilling, heat exchange drilling, pump
installing or filling and sealing for, or lease or lend water well drilling, heat exchange
drilling, pump installing or filling and sealing equipment to, an individual or person
whose license or registration was suspended or revoked, without having an
employee/employer relationship and without directly supervising the drilling, heat
exchange drilling, pump installing, or filling and sealing activities of the individual or
person whose license or registration has been suspended or revoked.
AB688,40
1Section
40. The treatments of NR 146.08 (17) and (19) of the administrative
2code, as renumbered from NR 146.02 (12) and (15) under s. 13.92 (4) (b) 1., by CR
313-096 are not repealed by CR 13-099. All treatments stand.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, as required under s. 13.92 (4) (bm), s. NR 146.08 (17) and (19) read:
(17) Be adequately equipped to perform water well drilling, heat exchange
drilling, pump installing, well filling and sealing and property transfer well inspections
in compliance with applicable laws and rules and with any plans, specifications,
variances and approvals approved by the department.
(19) Water well drillers, heat exchange drillers, pump installers and well
constructors shall, when requested by the department, give notice to the department, as
specified in the notice of request, at least on the department work day prior to the day
upon which any well construction or reconstruction or any part thereof, any well filling
and sealing operation or the installation of any pumping equipment, will be commenced.
AB688,41
1Section
41. The treatments of NR 146.09 (2) (intro.) and (a) to (d) and (3) (a)
2and (b) of the administrative code by CR 13-096 are not repealed by CR 13-099. All
3treatments stand.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, as required under s. 13.92 (4) (bm), s. NR 146.09 (2) (intro.) and (a) to (d) and (3)
(a) and (b) read:
(2) Suspension and revocation activities. No individual or person whose license
or registration has been suspended or revoked may engage in the business of water
drilling, heat exchange drilling, or pump installing during the suspension or revocation
period unless all of the following apply:
(a) Water well drilling activities are performed under the direct supervision of a
Wisconsin licensed individual water well driller, heat exchange drilling activities are
performed under the direct supervision of a Wisconsin licensed individual heat exchange
driller, and pump installing activities are performed under the direct supervision of a
Wisconsin licensed individual pump installer.
(b) The water well driller whose license or registration was suspended or revoked
shall be an employee of the Wisconsin licensed water well driller providing direct
supervision of his or her activities or shall be an employee of a Wisconsin registered water
well drilling business whose licensed supervisory individual water well driller is
providing direct supervision to the water well driller whose license or registration was
suspended or revoked. The heat exchange driller whose license or registration was
suspended or revoked shall be an employee of the Wisconsin licensed heat exchange
driller providing direct supervision of his or her activities or shall be an employee of a
Wisconsin registered heat exchange drilling business whose licensed supervisory
individual heat exchange driller is providing direct supervision to the heat exchange
driller whose license or registration was suspended or revoked. The pump installer whose
license or registration was suspended or revoked shall be an employee of the Wisconsin
licensed pump installer providing direct supervision of his or her activities or be an
employee of a Wisconsin registered pump installing business whose licensed supervisory
individual pump installer is providing direct supervision to the pump installer whose
license or registration was suspended or revoked. A copy of the employment contract
under par. (b), (c), or (d) shall be provided to, and approved by the department before any
water well drilling, heat exchange drilling, pump installing or well filling and sealing
activities are commenced. An employment contract entered into to meet the
requirements of this chapter shall include the assignment of responsibility for
supervision, submission of reports and the completion of work in compliance with all
applicable laws and rules and with any plans, specifications, variances and approvals
approved by the department to the Wisconsin licensed individual supervisory water well
driller or pump installer.
(c) The individual or person whose license or registration was suspended or
revoked shall notify the department of the location of any water well drilling, heat
exchange drilling, or pump installation the individual or person whose license or
registration was suspended or revoked will be working on at least 48 hours in advance,
except that emergency pump installations shall be reported before 8:00 a.m. on the first
business day following the work.
(d) The individual or person whose license or registration was suspended or
revoked shall notify the department of the location of each water well drilling rig, heat
exchange drilling rig, or pump installation truck owned, leased or used by the individual
or person whose license or registration was suspended or revoked and of any change in
the location of any rig or truck during the suspension or revocation period.
(3) (a) An individual whose license was suspended based on incompetency to act
in the industry or industries for which a Wisconsin license was issued shall demonstrate
competency to engage in the industry or industries by passing an exam administered by
the department before the suspension is ended by the department.
(b) An individual whose license has been revoked may apply for a new license one
year or thereafter after the date of revocation. A license application from an individual
whose license was revoked is not a renewal. A person whose registration has been
revoked may apply for a new registration one year or thereafter after the date of
revocation.
AB688,42
1Section
42. The treatment of NR 812.01 (2) of the administrative code by CR
213-096 is not repealed by CR 13-099. All treatments stand.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, as required under s. 13.92 (4) (bm), s. NR 812.01 (2) reads:
(2) This chapter shall govern the location, construction or reconstruction,
maintenance and inspection of wells and water systems and heat exchange drillholes, the
filling and sealing of wells and drillholes and the installation and maintenance of
pumping and treatment equipment.
AB688,43
3Section
43. The treatment of NR 812.08 (4) (intro.) of the administrative code
4by CR 13-096 is not repealed by CR 13-099. Both treatments stand.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, as required under s. 13.92 (4) (bm), s. NR 812.08 (4) (intro.) reads:
(4) Relation to contamination sources. Minimum separating distances between
any new potable or nonpotable well, heat exchange drillhole, reservoir or spring and
existing sources of contamination; or between new sources of contamination and potable
or nonpotable wells, heat exchange drillholes, reservoirs or springs shall be maintained
as described in this subsection. The minimum separating distances of this subsection do
not apply to dewatering wells approved under s. NR 812.09 (4) (a). Greater separation
distances may be required for wells requiring plan approval under s. NR 812.09.
Separation distance requirements to possible sources of contamination will not be waived
because of property lines. Separation distances shall be measured from the edge of the
well, reservoir or spring, to the nearest edge of the contamination source. Minimum
separating distances are listed in Table A and are as follows:
AB688,44
1Section
44. The treatment of NR 812.09 (4) (a) 5. of the administrative code
2by CR 13-096 is not repealed by CR 13-099. Both treatments stand.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, as required under s. 13.92 (4) (bm), s. NR 812.09 (4) (a) 5. reads:
5. High capacity test drillholes or up to 2 geothermal heat exchange drillholes may
be constructed without approval to test for aquifer yield to determine if a high capacity
well, heat exchange drillhole, or well system is feasible. The well casing pipe for such test
drillholes shall not exceed 6-inch diameter unless the well driller notifies the
department. High capacity test drillholes may be test pumped at a rate of 70 gallons per
minute or more if the test does not last more than a total of 72 hours. After testing, the
drillhole shall be filled and sealed, according to the requirements of s. NR 812.26 or shall
be converted, following approval, to a high capacity well, heat exchange drillhole, or well
system which meets the requirements of this chapter or ch. NR 811 and of any approved
plans and specifications within 90 days.
AB688,45
3Section
45. The treatments of NR 812.10 (2) and (8) of the administrative code
4by CR 13-096 are not repealed by CR 13-099. All treatments stand.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, as required under s. 13.92 (4) (bm), s. NR 812.10 (2) and (8) read:
(2) Location. Well and heat exchange drillers and well constructors shall be
responsible for proper location of a well or heat exchange drillhole. Wells shall be located
in sanitary locations and meet the minimum separation requirements specified in s. NR
812.08. Separation distance requirements to possible sources of contamination will not
be waived because of property lines. Water wells may not be constructed within 1,200 feet
of a landfill site without a variance. Variances from minimum separation distance
requirements require approval. If the property is located within the area served by a
municipally owned water system, the water well driller or well constructor shall notify
the well owner of the need to obtain a private well operational permit from the
municipality.
(8) Noncomplying wells. When a water well or heat exchange driller or well
constructor has constructed a water well or heat exchange drillhole not initially located
or constructed in compliance with this chapter, the water well or heat exchange driller
or well constructor shall pay all costs for bringing the well or heat exchange drillhole into
compliance with this chapter, including the costs of filling and sealing the well, if
necessary, other than those costs that would have been charged for an initial complying
well construction.
AB688,46
5Section
46. The treatment of NR 812.22 (7) (b) of the administrative code by
6CR 13-096 is not repealed by CR 13-099. Both treatments stand.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, as required under s. 13.92 (4) (bm), s. NR 812.22 (7) (b) reads:
(b) Well or heat exchange drillhole construction reports returned to the water well
driller, heat exchange driller or well constructor for completion or when compliance with
the construction requirements of this chapter is questionable shall be resubmitted to the
department no later than 15 days after receipt of the returned report. The original well
or heat exchange drillhole construction report shall be resubmitted. Dry drillholes or
unsuccessful wells drilled in conjunction with well construction and not immediately
filled and sealed shall be reported on a well construction report. The water well driller,
heat exchange driller, or well constructor shall ensure proper filling and sealing methods
and materials are used, according to s. NR 812.26, for any drillhole constructed by the
water well driller or well constructor that is not intended to provide water.
AB688,47
1Section
47. The treatment of NR 812.26 (2) (b) 2. of the administrative code
2by CR 13-096 is not repealed by CR 13-099. Both treatments stand.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, as required under s. 13.92 (4) (bm), s. NR 812.26 (2) (b) 2. reads:
2. The well or heat exchange drillhole was not constructed by the well owner or by
a licensed water well or heat exchange driller or registered water well drilling business.
AB688,48
3Section
48. The treatment of NR 812.26 (8) of the administrative code by CR
413-096 is not repealed by CR 13-099. Both treatments stand.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, as required under s. 13.92 (4) (bm), s. NR 812.26 (8) reads:
(8) Well and drillhole filling and sealing reports.. A well and drillhole filling
and sealing report shall be filed with the department no later than 30 days after the well
or drillhole is filled and sealed. The filling and sealing report shall be filed by the person
performing the filling and sealing work on forms specified by the department and shall
include a complete, true and accurate detailed description of the location of the well or
drillhole that was filled and sealed, materials and method of filling and sealing,
construction and geologic features and Wisconsin Unique Well Number, if known. Water
well drillers, heat exchange drillers, well constructors and pump installers shall report
any unused wells or drillholes that are not filled and sealed for which they have
knowledge to the department. Beginning July 1, 2016 filling and sealing reports shall
be filed with the department electronically.
AB688,49
5Section
49. The treatment of NR 812.43 (1) (intro.) of the administrative code
6by CR 13-096 is not repealed by CR 13-099. Both treatments stand.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, as required under s. 13.92 (4) (bm), s. NR 812.43 (1) (intro.) reads:
(1) When strict compliance with the requirements of this chapter is not feasible,
a variance may be requested. All variance requests shall be in writing, except for
situations that may require an immediate response, in which case a variance may be
requested verbally from the owner, or the owner's agent, and a verbal variance may be
granted by the department to be followed up with a written confirmation. If the verbal
request is made by the owner's agent, the agent shall provide confirmation of the owner's
concurrence with the request. A variance request shall include the names of the owner
or owners and, if known, the well or heat exchange driller, well constructor or pump
installer. The reason or reasons compliance with the requirements for this chapter is not
feasible shall also be provided. The department may require the owner or the owner's
agent to submit additional information necessary for the department to determine if a
variance is justified. The owner or owners or the owner's agent shall sign the variance
request. The department may condition the issuance of a variance by requiring
additional construction or installation features to safeguard the groundwater and water
supplied by the installation from contamination. Failure to comply with the conditions
of a variance or the applicable requirements of this chapter voids the variance approval.
AB688,50
1Section
50
.
Renumbering and cross-reference changes under s. 13.92
(1) (bm) 2., stats. Each statute listed in column A was renumbered to the statute
2number in column B, and cross-references to the renumbered statute were changed
3in the statutes listed in column C to agree with the renumbered statute, under
4section 13.92 (1) (bm) 2. of the statutes:
AB688,51
18Section
51
.
Corrections of obvious nonsubstantive errors under s.
35.17 (2), stats. In the sections of the statutes listed in Column A, the text shown
19in Column B was changed to the text shown in column C to correct obvious
20nonsubstantive errors under s. 35.17 (2) of the statutes: