SB21: Bill Text

SB21,1322,12 145.19 (2) Fee. No fee for a sanitary permit may be less than the amount determined under by the department of natural resources by rule. The governing body for the governmental unit responsible for the regulation of private on-site wastewater treatment systems may establish a fee for a sanitary permit which is more than the amount determined under by the department of natural resources by rule. A governmental unit may not charge more than one fee for a sanitary permit or the renewal of a sanitary permit in any 12-month period.

SB21,3463 Section 3463. 145.19 (3) of the statutes is amended to read:

SB21,1322,23 145.19 (3) Fees and records of permits forwarded to the department of natural resources. The governmental unit responsible for the regulation of private on-site wastewater treatment systems shall forward to the department of natural resources within 90 days after each valid permit is issued a portion of the fee, as determined under by the department of natural resources by rule. The governmental unit shall also compile a periodic summary of the permits that it has issued. The summary shall contain the information required by the department of natural resources by rule, and shall be submitted by the governmental unit to the department of natural resources at intervals to be determined by the department of natural resources by rule.

SB21,3464 Section 3464. 145.19 (6) of the statutes is amended to read:

SB21,1323,6 145.19 (6) Groundwater fee. In addition to the fee under sub. (2), the governmental unit responsible for the regulation of private on-site wastewater treatment systems shall collect a groundwater fee of $25 for each sanitary permit. The governmental unit shall forward this fee to the department of natural resources together with the fee under sub. (3). The moneys collected under this subsection shall be credited to the environmental fund for environmental management.

SB21,3465 Section 3465. 145.20 (2) (e) of the statutes is amended to read:

SB21,1323,10 145.20 (2) (e) File reports and conduct surveys and inspections as required by the governmental unit responsible for the regulation of private on-site wastewater treatment systems or the department of natural resources.

SB21,3466 Section 3466. 145.20 (2) (g) of the statutes is amended to read:

SB21,1323,15 145.20 (2) (g) Perform other duties regarding private on-site wastewater treatment systems as considered appropriate by the governmental unit responsible for the regulation of private on-site wastewater treatment systems or as required by the rules of the department of natural resources.

SB21,3467 Section 3467. 145.20 (3) (title) of the statutes is amended to read:

SB21,1323,17 145.20 (3) (title) Department of natural resources responsibilities.

SB21,3468 Section 3468. 145.20 (3) (a) 1. of the statutes is amended to read:

SB21,1323,23 145.20 (3) (a) 1. The department of natural resources may specify categories of private on-site wastewater treatment systems for which approval by the department of natural resources is required prior to issuance of sanitary permits by the governmental unit responsible for the regulation of private on-site wastewater treatment systems.

SB21,3469 Section 3469. 145.20 (3) (a) 2. of the statutes is amended to read:

SB21,1324,17 145.20 (3) (a) 2. The department of natural resources may exempt a governmental unit from any category of private on-site wastewater treatment systems for which departmental approval by the department of natural resources is required prior to sanitary permit issuance under subd. 1., upon a determination, in accordance with rules promulgated by the department of natural resources, that past performance of the governmental unit on reviews and audits under par. (b) has been satisfactory and that the governmental unit has the capacity to give the same level of application and plan review as that provided by the department of natural resources. The department of natural resources may revoke an exemption upon a finding that performance of the governmental unit on a review or audit conducted subsequent to the granting of the exemption is unsatisfactory or that the governmental unit is not giving the same level of application and plan review as that provided by the department of natural resources. Findings in a revocation action may be made only after a public hearing upon 30 days' advance notice to the clerk of the governmental unit. The department of natural resources shall submit a report under s.13.172 (2) to the chief clerk of each house of the legislature, at the beginning of each legislative session, describing the exemptions under this subdivision.

SB21,3470 Section 3470. 145.20 (3) (b) of the statutes is amended to read:

SB21,1324,24 145.20 (3) (b) The department of natural resources shall review the private on-site wastewater treatment system program in each governmental unit responsible for the regulation of private on-site wastewater treatment systems to ascertain compliance with sub. (2) and with regulations issued by the department of natural resources. This review shall include a random audit of sanitary permits, including verification by on-site inspection.

SB21,3471 Section 3471. 145.20 (3) (c) of the statutes is amended to read:

SB21,1325,13 145.20 (3) (c) If the governing body for a governmental unit responsible for the regulation of private on-site wastewater treatment systems does not adopt a private on-site wastewater treatment system ordinance meeting the requirements of s. 59.70 (5) or if the governmental unit does not appoint personnel meeting the requirements of sub. (1) or if the governmental unit does not comply with the requirements of sub. (2) or s. 145.19 (3), the department of natural resources may conduct hearings in the county seat upon 30 days' notice to the county clerk. As soon as practicable after the public hearing, the department of natural resources shall issue a written decision regarding compliance with s. 59.70 (5) or 145.19 (3) or sub. (1) or (2). If the department of natural resources determines that there is a violation of these provisions, the governmental unit may not issue a sanitary permit for the installation of a private on-site wastewater treatment system until the violation is corrected.

SB21,3472 Section 3472. 145.20 (3) (d) of the statutes is amended to read:

SB21,1325,23 145.20 (3) (d) The department of natural resources shall conduct training and informational programs for officials of the governmental unit responsible for the regulation of private on-site wastewater treatment systems and employees and persons licensed under this chapter and s. 281.48 and certified as operators of septage servicing vehicles under s. 281.17 (3) to improve the delivery of service under the private on-site wastewater treatment system program. The department of natural resources shall obtain the assistance of the Wisconsin counties association, and may consult with the department of financial institutions and professional standards, in planning and conducting the training and informational programs.

SB21,3473 Section 3473. 145.20 (5) (a) of the statutes is amended to read:

SB21,1326,14 145.20 (5) (a) The department shall establish a maintenance program to be administered by governmental units responsible for the regulation of private on-site wastewater treatment systems. The department shall determine the private on-site wastewater treatment systems to which the maintenance program applies. At a minimum the maintenance program is applicable to all new or replacement private on-site wastewater treatment systems constructed in a governmental unit after the date on which the governmental unit adopts this program. The department may apply the maintenance program by rule to private on-site wastewater treatment systems constructed in a governmental unit responsible for the regulation of private on-site wastewater treatment systems on or before the date on which the governmental unit adopts the program. The department shall determine the private on-site wastewater treatment systems to which the maintenance program applies in governmental units that do not meet the conditions for eligibility under s. 145.245 (9).

SB21,3474 Section 3474 . 145.20 (5) (a) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

SB21,1327,3 145.20 (5) (a) The department of natural resources shall establish a maintenance program to be administered by governmental units responsible for the regulation of private on-site wastewater treatment systems. The department of natural resources shall determine the private on-site wastewater treatment systems to which the maintenance program applies. At a minimum the maintenance program is applicable to all new or replacement private on-site wastewater treatment systems constructed in a governmental unit after the date on which the governmental unit adopts this program. The department of natural resources may apply the maintenance program by rule to private on-site wastewater treatment systems constructed in a governmental unit responsible for the regulation of private on-site wastewater treatment systems on or before the date on which the governmental unit adopts the program.

SB21,3475 Section 3475. 145.20 (5) (am) of the statutes is amended to read:

SB21,1327,12 145.20 (5) (am) Each governmental unit responsible for the regulation of private on-site wastewater treatment systems shall adopt and begin the administration of the program established under par. (a) before October 1, 2019. As part of adopting and administering the program, the governmental unit shall conduct and maintain an inventory of all the private on-site wastewater treatment systems located in the governmental unit and shall complete the initial inventory before October 1, 2017. In order to be eligible for grant funding under s. 145.245, a governmental unit must comply with these deadlines.

SB21,3476 Section 3476. 145.20 (5) (b) of the statutes is amended to read:

SB21,1328,2 145.20 (5) (b) The maintenance program shall include a requirement of inspection or pumping of the private on-site wastewater treatment system at least once every 3 years if the private on-site wastewater treatment system does not have a maintenance plan as prescribed by rule by the department of natural resources. Inspections may be conducted by a master plumber, journeyman plumber or restricted plumber licensed under this chapter, a person licensed under s. 281.48 or by an employee of the state or governmental unit designated by the department of natural resources, and the department of natural resources may determine by rule other persons who are qualified to undertake required inspection, maintenance, or repairs. The department of natural resources shall specify the methods to establish the required frequency of inspection, maintenance, and pumping for each type of private on-site wastewater treatment system that does not have a maintenance plan and shall periodically update the methods.

SB21,3477 Section 3477. 145.20 (5) (c) of the statutes is amended to read:

SB21,1328,10 145.20 (5) (c) The department of natural resources may suspend or revoke a license issued under s. 281.48 or a certificate issued under s. 281.17 (3) to the operator of a septage servicing vehicle if the department of natural resources finds that the licensee or operator falsified information on inspection forms. The department of safety and professional services may suspend or revoke the license of a plumber licensed under this chapter if the department finds that the plumber falsified information on inspection forms.

SB21,3478 Section 3478. 145.23 of the statutes is amended to read:

SB21,1328,17 145.23 Rules. The department of natural resources may make and enforce rules relating to lot size and lot elevation necessary for proper sanitary conditions in the development and maintenance of subdivisions not served by a public sewer, where provision for such service has not been made. The department of natural resources may consult with the department of financial institutions and professional standards in promulgating rules under this section.

SB21,3479 Section 3479. 145.24 (1) of the statutes is amended to read:

SB21,1328,23 145.24 (1) If an existing private on-site wastewater treatment system either is not located in soil meeting the siting standards or is not constructed in accordance with design standards promulgated under s. 145.02 or 145.13, the owner of the private on-site wastewater treatment system may petition the department of natural resources for a variance to the siting or design standards.

SB21,3480 Section 3480. 145.24 (2) of the statutes is amended to read:

SB21,1329,3 145.24 (2) The department of natural resources shall establish procedures for the review and evaluation of existing private on-site wastewater treatment systems which do not comply with siting or design standards.

SB21,3481 Section 3481. 145.24 (3) of the statutes is amended to read:

SB21,1329,16 145.24 (3) Upon receipt of a petition for a variance, the department of natural resources shall require the owner of the private on-site wastewater treatment system to submit information necessary to evaluate the request for a variance. If the department of natural resources determines that the existing private on-site wastewater treatment system is not a failing private on-site wastewater treatment system, and continued use of the existing private on-site wastewater treatment system will not pose a threat of contamination of waters of the state, then the department of natural resources may issue a variance to allow continued use of the existing private on-site wastewater treatment system. The department of natural resources shall rescind the variance if the existing private on-site wastewater treatment system becomes a failing private on-site wastewater treatment system or contaminates waters of the state.

SB21,3482 Section 3482. 145.245 of the statutes is repealed.

SB21,3483 Section 3483. 146.82 (1) of the statutes is amended to read:

SB21,1330,2 146.82 (1) Confidentiality. All patient health care records shall remain confidential. Patient health care records may be released only to the persons designated in this section or to other persons with the informed consent of the patient or of a person authorized by the patient. This subsection does not prohibit reports made in compliance with s. 253.12 (2), 255.40, or 979.01; records generated or disclosed pursuant to rules promulgated under s. 450.19 961.385; testimony authorized under s. 905.04 (4) (h); or releases made for purposes of health care operations, as defined in 45 CFR 164.501, and as authorized under 45 CFR 164, subpart E.

SB21,3484 Section 3484. 153.60 (intro.) and (1) of the statutes are consolidated, renumbered 153.60 and amended to read:

SB21,1330,24 153.60 Assessments to fund operations of department Department expenditure estimate. Subject to s. 153.455: (1) The, the department shall, by the first October 1 after the commencement of each fiscal year, estimate the total amount of expenditures under this subchapter for the department for that fiscal year for data collection, database development and maintenance, generation of data files and standard reports, orientation and training provided under s. 153.05 (9) (a) and contracting with the data organization under s. 153.05 (2r). The department shall assess the estimated total amount for that fiscal year, less the estimated total amount to be received for purposes of administration of this subchapter under s. 20.435 (1) (hi) during the fiscal year and the unencumbered balance of the amount received for purposes of administration of this subchapter under s. 20.435 (1) (hi) from the prior fiscal year, to health care providers, other than hospitals and ambulatory surgery centers, who are in a class of health care providers from whom the department collects data under this subchapter in a manner specified by the department by rule. The department shall work together with the department of safety and professional services to develop a mechanism for collecting assessments from health care providers other than hospitals and ambulatory surgery centers. No health care provider that is not a facility may be assessed under this subsection an amount that exceeds $75 per fiscal year. All payments of assessments shall be credited to the appropriation under s. 20.435 (1) (hg).

SB21,3485 Section 3485. 157.02 (3) of the statutes is amended to read:

SB21,1331,9 157.02 (3) Notice to university or school. If the corpse is in the Mendota Mental Health Institute district, the University of Wisconsin System Authority shall be notified that it may have the corpse. If the corpse is in the Winnebago Mental Health Institute district, the Medical College of Wisconsin, Inc., or any accredited school of mortuary science at Milwaukee shall be notified that it may have the corpse. The university or school so notified shall immediately inform the superintendent or public officer whether it desires to have the corpse. If it does, the corpse shall be delivered accordingly, properly encased, to the most available facility for transportation to the consignee, the consignee to pay the cost of transportation.

SB21,3486 Section 3486. 157.061 (2g) of the statutes is amended to read:

SB21,1331,12 157.061 (2g) "Cemetery board" means the board created in s. 15.405 15.175 (3m).

SB21,3487 Section 3487. 157.062 (1) of the statutes is amended to read:

SB21,1331,23 157.062 (1) Organization. Seven or more residents of the same county may form a cemetery association. They shall meet, select a chairperson and secretary, choose a name, fix the annual meeting date, and elect by ballot not less than 3 nor more than 9 trustees whom the chairperson and secretary shall immediately divide by lot into 3 classes, who shall hold their offices for 1, 2, and 3 years, respectively. Within 3 days, the chairperson and secretary shall certify the corporate name, the names, home addresses and business addresses of the organizers and of the trustees, and their classification, and the annual meeting date acknowledged by them, and, except as provided in sub. (9), deliver the certification to the department of financial institutions. The association then has the powers of a corporation.

SB21,3488 Section 3488. 157.062 (2) of the statutes is amended to read:

SB21,1332,6 157.062 (2) Amendments. The association may change its name, the number of trustees or the annual meeting date by resolution at an annual meeting, or special meeting called for such purpose, by a majority vote of the members present, and, except as provided in sub. (9), by delivering to the department of financial institutions a copy of the resolution, with the date of adoption, certified by the president and secretary or corresponding officers.

SB21,3489 Section 3489. 157.062 (6) (b) of the statutes is amended to read:

SB21,1332,22 157.062 (6) (b) If an association that has been dissolved under par. (a), or any group that was never properly organized as a cemetery association, has cemetery grounds and human remains are buried in the cemetery grounds, 5 or more members, or persons interested as determined by order of the circuit judge under par. (c), may publish a class 3 notice, under ch. 985, in the municipality in which the cemetery is located, of the time, place, and object of the meeting, assemble and reorganize by the election of trustees and divide them into classes as provided in sub. (1), the commencement of the terms to be computed from the next annual meeting date. The secretary shall enter the proceedings of the meeting on the records. The association is reorganized upon delivery of a copy of the proceedings to the department of financial institutions, except as provided in sub. (9). Upon reorganization, the title to the cemetery grounds, trust funds, and all other property of the association or group vests in the reorganized association, under the control of the trustees. The reorganized association may continue the name of the dissolved association or may adopt a new name.

SB21,3490 Section 3490. 157.062 (6m) of the statutes is amended to read:

SB21,1332,25 157.062 (6m) Forms. The department of financial institutions may prescribe and furnish forms for providing the information required under subs. (1) to (6).

SB21,3491 Section 3491. 157.062 (9) of the statutes is amended to read:

SB21,1333,7 157.062 (9) Exemptions for certain cemeteries. In lieu of delivering a certification, resolution, or copy of proceedings to the department of financial institutions under sub. (1), (2), or (6) (b), a cemetery association that is not required to be licensed under s. 440.91 (1) or registered under s. 440.91 (1m) shall deliver the certification, resolution, or copy of proceedings to the office of the register of deeds of the county in which the cemetery is located.

SB21,3492 Section 3492. 157.064 (7) of the statutes is amended to read:

SB21,1333,13 157.064 (7) Not more than 30 days after a transfer under sub. (6), the transferring association shall notify the department of financial institutions in writing of the transfer, including the name and address of the accepting association or its treasurer. The department of financial institutions may prescribe and furnish forms for providing the information required under this subsection.

SB21,3493 Section 3493. 157.11 (9m) of the statutes is amended to read:

SB21,1333,18 157.11 (9m) Action by district attorney. If any money or property is not turned over when required by this section, or default occurs under a bond, the district attorney, upon the request of the department of safety and professional services, shall bring action to recover.

SB21,3494 Section 3494. 157.12 (3) (b) of the statutes is amended to read:

SB21,1334,4 157.12 (3) (b) The cemetery's treasurer is the custodian of the fund. The treasurer shall file with the cemetery, at the cemetery's expense, a bond with sureties approved by the department of safety and professional services to indemnify the cemetery against loss if the treasurer fails to maintain the fund. No indemnity is required if the terms of sale of a mausoleum space require the purchaser to pay directly to a trust company in the state, designated by the cemetery as custodian of the fund. The fund shall be invested as provided in s. 157.19. Income from investment may be used only to maintain the mausoleum, except that if the amount of income exceeds the amount necessary to properly maintain the mausoleum the excess amount may be used to maintain any portion of the cemetery.

SB21,3495 Section 3495. 157.62 (1) (a) (intro.) of the statutes is amended to read:

SB21,1334,11 157.62 (1) (a) (intro.) Except as provided in par. (b) and s. 157.625, every cemetery association shall file an annual report with the department of financial institutions. The report shall be made on a calendar-year basis unless the department of financial institutions, by rule, provides for other reporting periods. The report is due on the 60th day after the last day of the reporting period. The annual report shall include all of the following:

SB21,3496 Section 3496. 157.62 (1) (c) of the statutes is amended to read:

SB21,1334,17 157.62 (1) (c) The department of financial institutions may prescribe and furnish forms for reports required under this subsection. If the department of financial institutions prescribes forms under this paragraph, the department of financial institutions shall mail the forms to cemetery associations required to file under par. (a) no later than 60 days before the reports are due.

SB21,3497 Section 3497. 157.65 (1) (a) of the statutes is amended to read:

SB21,1334,23 157.65 (1) (a) If the department of safety and professional services has reason to believe that any person is violating or has violated this subchapter or any rule promulgated under this subchapter and that the continuation of that activity might cause injury to the public interest, the department of safety and professional services may investigate.

SB21,3498 Section 3498. 157.65 (1) (b) of the statutes is amended to read:

SB21,1335,4 157.65 (1) (b) If the department of safety and professional services has reason to believe that any person is violating s. 157.12 or any rule promulgated under s. 157.12 and that the continuation of that activity might cause injury to the public interest, the department of safety and professional services may investigate.

SB21,3499 Section 3499. 157.65 (2) of the statutes is amended to read:

SB21,1335,16 157.65 (2) The department of justice or any district attorney, upon informing the department of justice, may commence an action in circuit court in the name of the state to restrain by temporary or permanent injunction any violation of this subchapter. The court may, prior to entry of final judgment, make such orders or judgments as may be necessary to restore to any person any pecuniary loss suffered because of the acts or practices involved in the action, if proof of such loss is submitted to the satisfaction of the court. The department of justice may subpoena persons and require the production of books and other documents, and may request the board described in s. 15.405 15.175 (3m) or the department of safety and professional services to exercise its authority under sub. (1) to aid in the investigation of alleged violations of this subchapter.

SB21,3500 Section 3500. 160.50 (1m) of the statutes is repealed.

SB21,3501 Section 3501. 165.055 (3) of the statutes is created to read:

SB21,1335,22 165.055 (3) The attorney general may appoint, in the unclassified service, a solicitor general and no more than 3 deputy solicitors general, each of whom shall be an attorney at law licensed to practice in this state. The attorney general may assign assistant attorneys general to assist the solicitor general.

SB21,3502 Section 3502. 165.25 (6) (a) of the statutes is amended to read:

SB21,1336,21 165.25 (6) (a) At the request of the head of any department of state government, the attorney general may appear for and defend any state department, or any state officer, employee, or agent of the department in any civil action or other matter brought before a court or an administrative agency which is brought against the state department, or officer, employee, or agent for or on account of any act growing out of or committed in the lawful course of an officer's, employee's, or agent's duties. Witness fees or other expenses determined by the attorney general to be reasonable and necessary to the defense in the action or proceeding shall be paid as provided for in s. 885.07. The Except when the attorney general appears for or defends the University of Wisconsin System Authority, the attorney general may compromise and settle the action as the attorney general determines to be in the best interest of the state. Members, officers, and employees of the Wisconsin state agencies building corporation and the Wisconsin state public building corporation are covered by this section. Members of the board of governors created under s. 619.04 (3), members of a committee or subcommittee of that board of governors, members of the injured patients and families compensation fund peer review council created under s. 655.275 (2), and persons consulting with that council under s. 655.275 (5) (b) are covered by this section with respect to actions, claims, or other matters arising before, on, or after April 25, 1990. The attorney general may compromise and settle claims asserted before such actions or matters formally are brought or may delegate such authority to the department of administration. This paragraph may not be construed as a consent to sue the state or any department thereof or as a waiver of state sovereign immunity.

SB21,3503 Section 3503. 165.25 (8r) of the statutes is created to read:

SB21,1337,3 165.25 (8r) Board of Regents of the University of Wisconsin System Authority. In subs. (1), (1m), (6), and (6m), treat the Board of Regents of the University of Wisconsin System Authority as a department of state government and any official, employee, or agent of the Board of Regents as a state official, employee, or agent, unless the state and the Board of Regents are adverse parties in an action or proceeding.

SB21,3504 Section 3504. 165.25 (10m) (intro.) of the statutes is amended to read:

SB21,1337,9 165.25 (10m) Report on grants. (intro.) Beginning on January 15, 2015, and annually thereafter, the department of justice shall submit a report to the legislature under s. 13.172 (2), regarding its administration of grant programs under ss. 165.71, 165.95, and 165.955, 165.96, 165.986, and 165.987. The report shall include, for each grant program, all of the following information:

SB21,3505 Section 3505. 165.40 (1) (f) of the statutes is amended to read:

SB21,1337,13 165.40 (1) (f) "State agency" has the meaning given in s. 16.004 (12) (a), except that it includes the University of Wisconsin System Authority and the University of Wisconsin Hospitals and Clinics Authority.

SB21,3506 Section 3506. 165.40 (2) (a) 6. of the statutes is created to read:

SB21,1337,15 165.40 (2) (a) 6. The University of Wisconsin System Authority.

SB21,3507 Section 3507. 165.40 (4) (h) of the statutes is amended to read: