SB119,62,2
193.22
(1) In cases arising under chs. 88
, 89, and 93 to 100, the department may
2be represented by its attorney.
SB119,258
3Section
258. 93.22 (2) of the statutes is amended to read:
SB119,62,74
93.22
(2) The department may, with the approval of the governor, appoint
5special counsel to prosecute or assist in the prosecution of any case arising under chs.
688
, 89, and 93 to 100. The cost of such special counsel shall be charged to the
7appropriation for the department.
SB119,259
8Section
259. 93.22 (3) of the statutes is amended to read:
SB119,62,149
93.22
(3) In any criminal or civil action under chs. 88
, 89, and 93 to 100, any
10exception, exemption, proviso, excuse
, or qualification contained in any of said
11chapters, or in any order, standard
, or regulation thereunder, may be proved by the
12defendant, but need not be specified or negatived in the information or complaint,
13and, if so specified or negatived, no proof in relation to the matters so specified or
14negatived, shall be required of the plaintiff.
SB119,260
15Section
260. 94.67 (33m) of the statutes is amended to read:
SB119,62,1716
94.67
(33m) "Veterinarian" means an individual who is licensed as a
17veterinarian under ch.
453 89.
SB119,261
18Section
261. 94.67 (33t) of the statutes is amended to read:
SB119,62,2019
94.67
(33t) "Veterinary technician" means an individual who is certified as a
20veterinary technician under ch.
453 89.
SB119,262
21Section
262. 95.21 (1) (e) of the statutes is amended to read:
SB119,62,2322
95.21
(1) (e) "Veterinarian" has the meaning designated under s.
453.02 89.02 23(7).
SB119,263
24Section
263. 95.21 (1) (em) of the statutes is amended to read:
SB119,63,2
195.21
(1) (em) "Veterinary technician" has the meaning designated under s.
2453.02 89.02 (12).
SB119,264
3Section
264. 95.21 (2) (a) of the statutes is amended to read:
SB119,63,184
95.21
(2) (a)
Requirement for vaccination. Except as provided in s. 174.054 or
5sub. (9) (d), the owner of a dog shall have the dog vaccinated against rabies by a
6veterinarian or, if a veterinarian is physically present at the location the vaccine is
7administered, by a veterinary technician, pursuant to s.
453.05 89.05 (2) (d), at no
8later than 5 months of age and revaccinated within one year after the initial
9vaccination. If the owner obtains the dog or brings the dog into this state after the
10dog has reached 5 months of age, the owner shall have the dog vaccinated against
11rabies within 30 days after the dog is obtained or brought into the state unless the
12dog has been vaccinated as evidenced by a current certificate of rabies vaccination
13from this state or another state. The owner of a dog shall have the dog revaccinated
14against rabies by a veterinarian or, if a veterinarian is physically present at the
15location the vaccine is administered, by a veterinary technician, pursuant to s.
16453.05 89.05 (2) (d), before the date that the immunization expires as stated on the
17certificate of vaccination or, if no date is specified, within 3 years after the previous
18vaccination.
SB119,265
19Section
265. 100.67 of the statutes is created to read:
SB119,63,21
20100.67 Private trade, business, technical, and other schools. (1) 21Definitions. In this section, unless the context clearly requires otherwise:
SB119,63,2222
(b) "Course" has the meaning given in s. 440.52 (1) (b).
SB119,63,2323
(c) "Course of instruction" has the meaning given in s. 440.52 (1) (c).
SB119,63,2424
(d) "Person" has the meaning given in s. 440.52 (1) (d).
SB119,63,2525
(e) "School" has the meaning given in s. 440.52 (1) (e).
SB119,64,2
1(2) Responsibilities. The department shall protect the general public by
2investigating complaints and potential violations related to this section.
SB119,64,4
3(3) Rule-making power. The department may promulgate rules necessary to
4administer this section.
SB119,266
5Section
266. 101.02 (20) (b) of the statutes is amended to read:
SB119,64,166
101.02
(20) (b) Except as provided in par. (e), the department
of safety and
7professional services may not issue or renew a license unless each applicant who is
8an individual provides the department
of safety and professional services with his
9or her social security number and each applicant that is not an individual provides
10the department
of safety and professional services with its federal employer
11identification number. The department
of safety and professional services may not
12disclose the social security number or the federal employer identification number of
13an applicant for a license or license renewal except to the department of revenue for
14the sole purpose of requesting certifications under s. 73.0301 and to the department
15of workforce development for the sole purpose of requesting certifications under s.
16108.227.
SB119,267
17Section
267. 101.02 (20) (c) of the statutes is amended to read:
SB119,64,2218
101.02
(20) (c) The department
of safety and professional services may not
19issue or renew a license if the department of revenue certifies under s. 73.0301 that
20the applicant or licensee is liable for delinquent taxes or if the department of
21workforce development certifies under s. 108.227 that the applicant or licensee is
22liable for delinquent unemployment insurance contributions.
SB119,268
23Section
268. 101.02 (20) (d) of the statutes is amended to read:
SB119,65,324
101.02
(20) (d) The department
of safety and professional services shall revoke
25a license if the department of revenue certifies under s. 73.0301 that the licensee is
1liable for delinquent taxes or if the department of workforce development certifies
2under s. 108.227 that the licensee is liable for delinquent unemployment insurance
3contributions.
SB119,269
4Section
269. 101.02 (20) (e) 1. of the statutes is amended to read:
SB119,65,105
101.02
(20) (e) 1. If an applicant who is an individual does not have a social
6security number, the applicant, as a condition of applying for or applying to renew
7a license shall submit a statement made or subscribed under oath or affirmation to
8the department
of safety and professional services that the applicant does not have
9a social security number. The form of the statement shall be prescribed by the
10department of children and families.
SB119,270
11Section
270. 101.02 (21) (b) of the statutes is amended to read:
SB119,65,2012
101.02
(21) (b) As provided in the memorandum of understanding under s.
1349.857 and except as provided in par. (e), the department
of safety and professional
14services may not issue or renew a license unless the applicant provides the
15department
of safety and professional services with his or her social security number.
16The department
of safety and professional services may not disclose the social
17security number except that the department
of safety and professional services may
18disclose the social security number of an applicant for a license under par. (a) or a
19renewal of a license under par. (a) to the department of children and families for the
20sole purpose of administering s. 49.22.
SB119,271
21Section
271. 101.02 (21) (e) 1. of the statutes is amended to read:
SB119,66,222
101.02
(21) (e) 1. If an applicant who is an individual does not have a social
23security number, the applicant, as a condition of applying for or applying to renew
24a license shall submit a statement made or subscribed under oath or affirmation to
25the department
of safety and professional services that the applicant does not have
1a social security number. The form of the statement shall be prescribed by the
2department of children and families.
SB119,272
3Section
272. 101.12 (1) (intro.) of the statutes is amended to read:
SB119,66,84
101.12
(1) (intro.) Except for plans that are reviewed by the department of
5health services under ss. 50.02 (2) (b)
and, 50.025, 50.36 (2)
, or 50.92 (3m), the
6department shall require the submission of essential drawings, calculations and
7specifications for public buildings, public structures and places of employment
8including the following components:
SB119,273
9Section
273. 101.149 (6) (b) of the statutes is amended to read:
SB119,66,2010
101.149
(6) (b) The department shall promulgate rules, in consultation with
11the department of health services, under which the department
of safety and
12professional services shall authorize certified heating, ventilating, and air
13conditioning inspectors to conduct regular inspections of sealed combustion units, as
14required under sub. (5) (c), for carbon monoxide emissions in residential buildings
15other than hotels, tourist rooming houses, and bed and breakfast establishments.
16The rules shall specify conditions under which it may issue orders as specified under
17sub. (8) (a). The rules may not require the department
of safety and professional
18services to authorize inspection of sealed combustion units during the period in
19which the sealed combustion units are covered by a manufacturer's warranty against
20defects.
SB119,274
21Section
274. 101.149 (8) (a) of the statutes is amended to read:
SB119,67,522
101.149
(8) (a) If the department
of safety and professional services or the
23department of health services determines after an inspection of a building under this
24section or s. 254.74 (1g) that the owner of the building has violated sub. (2) or (3), the
25respective department shall issue an order requiring the person to correct the
1violation within 5 days or within such shorter period as the respective department
2determines is necessary to protect public health and safety. If the person does not
3correct the violation within the time required, he or she shall forfeit $50 for each day
4of violation occurring after the date on which the respective department finds that
5the violation was not corrected.
SB119,275
6Section
275. 101.31 of the statutes is repealed.
SB119,276
7Section
276. 101.573 (3) (a) of the statutes is amended to read:
SB119,67,158
101.573
(3) (a) On or before May 1 in each year, the department shall compile
9the fire department dues paid by all insurers under s. 601.93 and the dues paid by
10the state fire fund under sub. (1) and funds remaining under par. (b), withhold .5%
11and certify to the secretary of administration the proper amount to be paid from the
12appropriation under s.
20.165 (2) 20.142 (4) (L) to each city, village, or town entitled
13to fire department dues under s. 101.575. Annually, on or before August 1, the
14secretary of administration shall pay the amounts certified by the department to the
15cities, villages and towns eligible under s. 101.575.
SB119,277
16Section
277. 101.573 (5) of the statutes is amended to read:
SB119,67,1817
101.573
(5) The department shall promulgate a rule defining "administrative
18expenses" for purposes of s.
20.165 (2) 20.142 (4) (La).
SB119,278
19Section
278. 101.654 (1m) (e) of the statutes is amended to read:
SB119,67,2320
101.654
(1m) (e)
The continuing education approved by the department under
21par. (b) 1. shall include courses offered by private organizations with whom the
22department contracts under s. 101.657. The department may approve
continuing
23education courses that are offered by other states.
SB119,279
24Section
279. 101.657 of the statutes is repealed.
SB119,280
25Section
280. 101.935 (2) (e) of the statutes is amended to read:
SB119,68,3
1101.935
(2) (e) Section 254.69 (2), as it applies to an agent for the department
2of health services in the administration of s. 254.47, applies to an agent for the
3department
of safety and professional services in the administration of this section.
SB119,281
4Section
281. 101.951 (7) (a) of the statutes is amended to read:
SB119,68,125
101.951
(7) (a) The department
of safety and professional services may, without
6notice, deny the application for a license within 60 days after receipt thereof by
7written notice to the applicant, stating the grounds for the denial. Within 30 days
8after such notice, the applicant may petition the department of administration to
9conduct a hearing to review the denial, and a hearing shall be scheduled with
10reasonable promptness. The division of hearings and appeals shall conduct the
11hearing. This paragraph does not apply to denials of applications for licenses under
12s. 101.02 (21).
SB119,282
13Section
282. 101.951 (7) (b) of the statutes is amended to read:
SB119,69,214
101.951
(7) (b) No license may be suspended or revoked except after a hearing
15thereon. The department
of safety and professional services shall give the licensee
16at least 5 days' notice of the time and place of the hearing. The order suspending or
17revoking such license shall not be effective until after 10 days' written notice thereof
18to the licensee, after such hearing has been had; except that the department
of safety
19and professional services, when in its opinion the best interest of the public or the
20trade demands it, may suspend a license upon not less than 24 hours' notice of
21hearing and with not less than 24 hours' notice of the suspension of the license.
22Matters involving suspensions and revocations brought before the department
of
23safety and professional services shall be heard and decided upon by the department
24of administration. The division of hearings and appeals shall conduct the hearing.
1This paragraph does not apply to licenses that are suspended or revoked under s.
2101.02 (21).
SB119,283
3Section
283. 101.951 (7) (c) of the statutes is amended to read:
SB119,69,84
101.951
(7) (c) The department
of safety and professional services may inspect
5the pertinent books, records, letters and contracts of a licensee. The actual cost of
6each such examination shall be paid by such licensee so examined within 30 days
7after demand therefor by the department, and the department may maintain an
8action for the recovery of such costs in any court of competent jurisdiction.
SB119,284
9Section
284. 101.953 (1) (a) of the statutes is amended to read:
SB119,69,1310
101.953
(1) (a) A statement that the manufactured home meets those
11standards prescribed by law or administrative rule of the department of
12administration or of the department
of safety and professional services that are in
13effect at the time of the manufacture of the manufactured home.
SB119,285
14Section
285. 101.973 (8) of the statutes is amended to read:
SB119,69,1615
101.973
(8) Deposit the moneys received from the fees under sub. (7) in the
16appropriation under s.
20.165 (2) 20.142 (4) (j).
SB119,286
17Section
286. 107.30 (10) of the statutes is amended to read:
SB119,69,1918
107.30
(10) "Mining damage appropriation" means the appropriation under s.
1920.165 (2) 20.142 (4) (a).
SB119,287
20Section
287. 107.31 (5) (a) (intro.) of the statutes is amended to read:
SB119,69,2421
107.31
(5) (a)
Calculation. (intro.) The mining damage reserve accumulation
22is calculated by subtracting the total amount of all mining damages awards paid
23from the appropriation under s. 20.445 (4) (a), 2001 stats., beginning on May 22, 1980
24or paid from the appropriation under s.
20.165 (2)
20.142 (4) (a) from the sum of:
SB119,288
25Section
288. 108.227 (1) (e) 3. of the statutes is amended to read:
SB119,70,6
1108.227
(1) (e) 3. A license, certificate of approval, provisional license,
2conditional license, certification, certification card, registration, permit, training
3permit or approval specified in s. 50.35, 50.49 (6) (a) or (10), 51.038, 51.04, 51.42 (7)
4(b) 11., 51.421 (3) (a), 51.45 (8), 146.40 (3), (3g), or (3m),
252.23 (2), 252.24 (2), 5254.176, 254.20 (3),
255.08 (2) (a), 256.15 (5) (a) or (b), (6g) (a), (7), or (8) (a) or (f) or
6343.305 (6) (a) or a permit for operation of a campground specified in s. 254.47 (1).
SB119,289
7Section
289. 108.227 (1) (e) 6. of the statutes is amended to read:
SB119,70,118
108.227
(1) (e) 6. A license or certificate of registration issued
by the
9department of financial institutions, or a division of it, under ss. 138.09, 138.12,
10138.14, 202.12 to 202.14, 202.22, 217.06, 218.0101 to 218.0163, 218.02, 218.04,
11218.05, 224.72, 224.725, 224.93 or under subch. IV of ch. 551.
SB119,290
12Section
290. 108.227 (1) (f) of the statutes is amended to read:
SB119,70,2013
108.227
(1) (f) "Licensing department" means the department of
14administration; the department of agriculture, trade and consumer protection; the
15board of commissioners of public lands; the department of children and families; the
16government accountability board; the department of financial institutions
and
17professional standards; the department of health services; the department of natural
18resources; the department of public instruction; the department of revenue;
the
19department of safety and professional services; the office of the commissioner of
20insurance; or the department of transportation.
SB119,291
21Section
291. 111.335 (1) (cx) of the statutes is amended to read:
SB119,70,2522
111.335
(1) (cx) Notwithstanding s. 111.322, it is not employment
23discrimination because of conviction record to refuse to employ or license, or to bar
24or terminate from employment or licensure, any individual who has been convicted
25of any offense under s.
38.50 100.67 (13) (c).
SB119,292
1Section
292. 112.07 (1) of the statutes is amended to read:
SB119,72,32
112.07
(1) Notwithstanding any other provision of the statutes, any fiduciary,
3as defined in s. 112.01 (1) (b), who is holding securities in a fiduciary capacity, any
4bank or trust company holding securities as a custodian or managing agent, and any
5bank or trust company holding securities as custodian for a fiduciary may deposit or
6arrange for the deposit of such securities in a clearing corporation as defined in s.
7408.102 (1) (e). When the securities are so deposited, certificates representing
8securities of the same class of the same issuer may be merged and held in bulk in the
9name of the nominee of the clearing corporation with any other such securities
10deposited in that clearing corporation by any person regardless of the ownership of
11the securities, and certificates of small denomination may be merged into one or more
12certificates of larger denomination. The records of the fiduciary and the records of
13the bank or trust company acting as custodian, as managing agent or as custodian
14for a fiduciary shall at all times show the name of the party for whose account the
15securities are so deposited. Ownership of, and other interests in, the securities may
16be transferred by bookkeeping entry on the books of the clearing corporation without
17physical delivery of certificates representing the securities. A bank or trust company
18which deposits securities pursuant to this section shall be subject to such rules and
19regulations as, in the case of state chartered institutions, the
division of banking 20department of financial institutions and professional standards and, in the case of
21national banking associations, the comptroller of the currency may from time to time
22issue. A bank or trust company acting as custodian for a fiduciary shall, on demand
23by the fiduciary, certify in writing to the fiduciary the securities deposited by the
24bank or trust company in a clearing corporation pursuant to this section for the
25account of the fiduciary. A fiduciary shall, on demand by any party to a judicial
1proceeding for the settlement of the fiduciary's account or on demand by the attorney
2for such a party, certify in writing to the party the securities deposited by the
3fiduciary in the clearing corporation for its account as such fiduciary.
SB119,293
4Section
293. 119.495 (2) of the statutes is amended to read:
SB119,72,135
119.495
(2) The board shall include in its budget transmitted to the common
6council under s. 119.16 (8) (b) a written notice specifying the amount of borrowing
7to be authorized in the budget for the ensuing year. The common council shall issue
8the notes and levy a direct annual irrepealable tax sufficient to pay the principal and
9interest on the notes as they become due. The common council may issue the notes
10by private sale. The common council shall make every effort to involve a minority
11investment firm certified under s.
16.287 203.07 as managing underwriter of the
12notes or to engage a minority financial adviser certified under s.
16.287 203.07 to
13advise the city regarding any public sale of the notes.
SB119,294
14Section
294. 119.496 (2) of the statutes is amended to read:
SB119,72,2415
119.496
(2) The board shall include in its budget transmitted to the common
16council under s. 119.16 (8) (b) a written notice specifying the amount of borrowing
17to be authorized in the budget for the ensuing year. The common council shall issue
18the notes and levy a direct annual irrepealable tax sufficient to pay the principal and
19interest on the notes as they become due. The common council may issue the notes
20by private sale. The common council shall establish goals of involving minority
21investment firms certified under s.
16.287 203.07 as managing underwriters for at
22least 50% of the total amount financed by the notes and of engaging a minority
23financial adviser certified under s.
16.287 203.07 to advise the city regarding any
24public sale of the notes.
SB119,295
25Section
295. 125.04 (5) (a) 5. of the statutes is amended to read:
SB119,73,9
1125.04
(5) (a) 5. Have successfully completed within the 2 years prior to the
2date of application a responsible beverage server training course at any location that
3is offered by a technical college district and that conforms to curriculum guidelines
4specified by the technical college system board or a comparable training course that
5is approved by the department
or the educational approval board. This subdivision
6does not apply to an applicant who held, or who was an agent appointed and approved
7under sub. (6) of a corporation or limited liability company that held, within the past
82 years, a Class "A", "Class A" or "Class C" license or a Class "B" or "Class B" license
9or permit or a manager's or operator's license.
SB119,296
10Section
296. 125.17 (6) (a) (intro.) of the statutes is amended to read:
SB119,73,1811
125.17
(6) (a) (intro.) Except as provided in par. (b), no municipal governing
12body may issue an operator's license unless the applicant has successfully completed
13a responsible beverage server training course at any location that is offered by a
14technical college district and that conforms to curriculum guidelines specified by the
15technical college system board or a comparable training course, which may include
16computer-based training and testing, that is approved by the department
or the
17educational approval board, or unless the applicant fulfills one of the following
18requirements:
SB119,297
19Section
297. 134.66 (2m) (b) of the statutes is amended to read:
SB119,74,1020
134.66
(2m) (b) Paragraph (a) does not apply to an agent, employee, or
21independent contractor who has received the training described in par. (a) as part of
22a responsible beverage server training course or a comparable training course, as
23described in s. 125.04 (5) (a) 5., that was successfully completed by the agent,
24employee, or independent contractor. The department of health services shall make
25the training program developed or approved by that department under par. (a)
1available to the technical college system board, and that board shall include that
2training program or a comparable training program approved by that department
3in the curriculum guidelines specified by that board under s. 125.04 (5) (a) 5. The
4department of health services shall also make the training program developed or
5approved by that department under par. (a) available to any provider of a comparable
6training course, as described in s. 125.04 (5) (a) 5., on request, and the department
7of revenue
or the educational approval board may approve a comparable training
8course under s. 125.04 (5) (a) 5. only if that training course includes the training
9program developed or approved by the department of health services under par. (a)
10or a comparable training program approved by that department.
SB119,298
11Section
298. 138.055 (4) (d) of the statutes is amended to read:
SB119,74,1312
138.055
(4) (d) The
division of banking department of financial institutions and
13professional standards for all other lenders.
SB119,299
14Section
299. 138.056 (1) (a) 4. d. of the statutes is amended to read:
SB119,74,1615
138.056
(1) (a) 4. d. The
division of banking department of financial
16institutions and professional standards for all other lenders.