LRB-3799/1
KRP&MPG:emw
2015 - 2016 LEGISLATURE
February 2, 2016 - Introduced by Senator Stroebel, cosponsored by
Representative Vorpagel. Referred to Committee on Government Operations
and Consumer Protection.
SB698,3,8
1An Act to repeal 15.07 (3) (bm) 3., 15.07 (3) (bm) 6., 15.08 (3) (c), 15.085 (3) (b),
215.405 (1m), 15.405 (10r) (c), 15.407 (18) (c), 66.1019 (3), 101.02 (7m), 101.02
3(12), 101.02 (20), 101.02 (21), 101.02 (24), 101.12 (6) (a), 101.125 (2), (3) (b) and
4(c) and (4m), 101.14 (4m) (a) 3., 101.16 (3g) (b), 101.19 (1r), 101.596 (1) (a),
5101.596 (2) (c), 101.596 (3), 101.957, subchapter VI (title) of chapter 101
6[precedes 101.971], 101.971 (intro.), (1), (3) and (4), 101.973, 101.974 (intro.),
7(1), (3) and (5), 101.974 (2), 101.975, 101.976, 101.977 and 101.978, 101.985 (4),
8chapter 145 (title), 145.035, 145.045 (2), 145.13, 440.03 (16), 440.04 (9), 440.11
9(3), 445.08 (4), 457.09 (3) (b) and 457.16 (3);
to renumber 145.04, 145.045 (title)
10and (1), 145.05, 145.06, 145.14, 145.16, 145.17, 145.175, 145.18, 145.19,
11145.195 and 145.23;
to renumber and amend 15.085 (3) (a), 15.09 (3), 101.02
12(1), 101.12 (6) (b), 101.16 (3g) (a), 101.971 (2), 101.974 (4), 145.01, 145.02,
13145.045 (3), 145.07, 145.08, 145.09, 145.10, 145.11, 145.12, 145.15, 145.165,
14145.20, 145.24, 145.245, 145.26, 440.20 (4), 440.20 (5) and 445.08 (1);
to
1consolidate, renumber and amend 101.125 (3) (intro.) and (a);
to amend
215.07 (3) (b), 15.08 (3) (a), 15.085 (5) (b) 1., 15.405 (2) (a), 15.405 (2m) (b), 15.405
3(10r) (b), 15.406 (6) (a) 2., 15.407 (10) (b), 15.407 (13) (b), 15.407 (14) (b), 20.165
4(2) (a), 20.165 (2) (j), 20.165 (2) (ke), 20.165 (2) (ma), 20.320 (3) (q), 25.46 (5c),
543.09 (1), 45.44 (1) (a) 6., 45.44 (1) (a) 16., 49.857 (1) (b), 49.857 (1) (d) 7., 59.70
6(5) (a), 59.70 (5) (b), 60.70 (5), 60.77 (5) (bm), 60.77 (5) (j), 67.12 (12) (a), 73.0301
7(1) (d) 5., 100.21 (1) (a), 101.02 (7r) (a), 101.02 (7r) (b) 4., 101.02 (13) (a), 101.10
8(4) (a), 101.10 (4) (b), 101.10 (4) (c), 101.12 (1) (a), 101.121 (3) (a), 101.121 (3) (b),
9101.125 (4) (a), 101.125 (5), 101.14 (4) (g) 1., 101.14 (4m) (a) 1., 101.1472 (2),
10101.17, 101.596 (2) (a) and (b), 101.63 (1) (intro.), 101.63 (2), 101.642 (2),
11101.648 (1) (b), 101.653 (5) (b) 2., 101.654 (1) (c) 1., 101.66 (3), 101.73 (2), 101.77,
12101.84 (1), 101.862 (4) (p), 101.88 (3), 101.94 (8) (a), 101.951 (7) (a), 101.951 (7)
13(b), 101.952 (5), 101.965 (1p), 101.985 (5) (a), 101.988 (3), 108.227 (1) (e) 5.,
14115.33 (1) (a), 118.135 (2), 160.255 (1), 200.21 (11), 200.29 (1) (c) 3. a., 234.49 (1)
15(e), 254.176 (2) (d), 281.17 (3), 281.344 (8) (b) 3., 281.346 (8) (b) 3., 281.48 (2)
16(bm), 281.48 (5) (a) 4., 281.48 (5m) (c), 281.59 (1m) (c), 281.75 (18), 321.60 (1)
17(a) 7., 321.60 (1) (a) 18., 343.305 (6) (bm), 440.03 (3m), 440.03 (7), 440.03 (7m),
18440.03 (11m) (a) (intro.), 440.03 (13) (a), 440.03 (13) (am), 440.08 (2) (a) 59.,
19440.19, 440.205, 440.22 (1), 440.22 (2), 440.92 (9) (b) 3., 443.07 (4), 445.04 (3)
20(a), 445.04 (3) (b) (intro.), 445.045 (1) (g), 446.02 (7) (d) 1., 446.02 (7) (d) 2.,
21448.02 (8) (a), 448.07 (1) (a), 448.13 (1) (a) (intro.), 448.13 (2), 448.13 (3), 457.09
22(3) (a), 470.05 and 632.10 (1);
to repeal and recreate 101.596 (title), 101.63
23(1) (intro.), 448.02 (8) (a) and 448.07 (1) (a); and
to create 15.07 (3) (c), 15.09
24(3) (b), 101.02 (1) (a), 101.02 (1) (c), 101.02 (7r) (g), 101.022, 101.125 (2m),
25101.148 (3), 101.94 (5), subchapter VIII (title) of chapter 101 [precedes
1101.9911], 440.20 (4) (b), 440.20 (5) (b) and 445.04 (3) (c) of the statutes;
2relating to: duties and powers of the Department of Safety and Professional
3Services concerning certain credentialing and occupational licensing functions;
4mandatory meeting requirements for various boards and councils; membership
5and rules procedures of certain boards; discipline and examination and other
6licensure requirements for certain professionals; plumbing and fire protection
7systems and swimming pool plan review; requiring the exercise of rule-making
8authority; making appropriations; and providing penalties.
Analysis by the Legislative Reference Bureau
This bill makes numerous changes to the laws governing professional
regulation and buildings and safety in this state.
Uniform Professional Credentialing and Occupational Licensing
Procedures
The bill makes uniform many of the standards and procedures that apply to the
following approvals that are under the authority of the Department of Safety and
Professional Services:
1. Licenses, permits, and certificates of certification or registration issued by
DSPS, an examining board, or an affiliated credentialing board with respect to
various professions, including cosmetology, accounting, architecture, boxing, mixed
martial arts, and health professions (professional credentials).
2. Licenses, permits, certificates, registrations, or other approvals issued by
DSPS with respect to trades (occupational licenses).
Specifically, this bill requires that any rules promulgated by DSPS that define
uniform procedures for the following must conform with rules related to professional
credentials: receiving, filing, and investigating complaints against holders of
occupational licenses; commencing disciplinary proceedings against holders of
occupational licenses; and conducting hearings on matters relating to occupational
licenses.
This bill also provides that many laws that apply to professional credentials
also apply to occupational licenses, including laws that do all of the following:
1. Govern how and when an application for an initial professional credential
or a renewal is granted or denied.
2. Prescribe standards and procedures for how a person may file a complaint
against a professional credential holder.
3. Set forth standards and procedures for conducting investigations,
commencing disciplinary proceedings, holding hearings, and making findings
regarding violations of laws and rules governing professional credential holders.
4. Prescribe the process and procedure for issuing administrative warnings to
professional credential holders, reprimanding professional credential holders, and
denying, limiting, suspending, and revoking professional credentials.
5. Set forth certain rights and obligations of professional credential holders.
Multifamily Dwelling Code
The bill repeals the statutes, and the authority of DSPS to promulgate rules,
that establish standards for the construction of multifamily dwellings and their
components. Those statutes and rules are commonly known as the multifamily
dwelling code.
Under current law, a county, city, village, or town (municipality) is prohibited
from enforcing any ordinance that does not comply with the multifamily dwelling
code, except with respect to a preexisting stricter sprinkler ordinance that meets
certain requirements. The bill repeals the multifamily dwelling code, including the
exception for preexisting stricter sprinkler ordinances, but retains certain powers of
DSPS which are incorporated into the provisions that regulate public buildings and
buildings that are places of employment (commercial building code).
Under the bill, a multifamily dwelling is subject to the commercial building
code if the multifamily dwelling is a "public building," which current law defines to
include a building used by the public or by three or more tenants for lodging or
occupancy.
Commercial Building Code
The bill requires DSPS to promulgate rules establishing uniform procedures for
municipalities to administer the commercial building code and prohibits
municipalities from enacting or enforcing an ordinance that does not strictly conform
to the rules. Under the bill, administration includes the process an owner must
follow when applying for a permit for constructing, altering, or adding to a public
building or a building that is a place of employment.
Building Inspector Review Board
The bill eliminates the Building Inspector Review Board and transfers most of
the board's authority over building inspectors to DSPS. Under the bill, DSPS, rather
than the board, receives and reviews complaints regarding building inspectors and
has the authority to revoke a building inspector's certification. The bill also provides
that DSPS's authority is not limited to revocation. Under the bill, DSPS also may
reprimand a building inspector or deny, limit, suspend, or revoke a building
inspector's certification.
The bill eliminates, rather than transfers to DSPS, the authority of the board
to modify or reverse erroneous decisions of a building inspector. The bill also
eliminates procedures related to how complaints are received, processed, and kept
confidential that are specific to complaints against building inspectors.
Penalties for Violations of Law
The bill increases the monetary penalties for certain violations of laws and
rules that regulate various aspects of industry, buildings, and safety, including the
following: safe storage and handling of anhydrous ammonia; safety glazing material
used in hazardous locations; construction standards and inspection procedures for
one-family and two-family dwellings; manufacture and installation of modular
homes; installation, repair, and maintenance of electrical wiring; manufacture,
distribution, and sale of manufactured homes and mobile homes; and installation
and operation of elevators, escalators, and other conveyances. The bill also clarifies
that certain violations constitute a separate offense for each day of continued
violation and creates a penalty for violations by a contractor of notice requirements
related to construction or remodeling of a dwelling.
Safety Glazing Material in Hazardous Locations
The bill repeals existing statutory requirements related to labeling, installing,
and selling safety glazing material located or to be located in hazardous locations.
Under the bill, DSPS must promulgate rules regulating safety glazing material
manufactured, distributed, imported, sold, or installed for use in a hazardous
location.
Aging Schools Program
The bill repeals an outdated requirement under the aging schools program that
DSPS inspect all public schools constructed prior to January 1, 1950, for compliance
with certain safety and building requirements.
List of Variances under the Historic Building Code
The bill eliminates the requirement that DSPS maintain a list of all variances
from the historic building code granted to owners of qualified historic buildings.
Under current law, DSPS may create an historic building code to provide alternative
standards for the preservation or restoration of buildings or structures designated
as historic buildings, and DSPS may grant variances to any rules or alternative rules
if the owner demonstrates that an alternative proposed by the owner accomplishes
the same purpose. Under the bill, DSPS is not required to maintain a list of all
variances DSPS grants.
List of Licensed Retail Suppliers of Liquefied Petroleum Gas
The bill eliminates the requirement that DSPS publish an annual list of all
retail suppliers licensed by DSPS to distribute liquefied petroleum gas.
Frequency of Review of Municipal Construction Site Erosion Control
Programs
The bill reduces the frequency with which DSPS must issue a written
determination regarding whether a municipality's construction site erosion control
program is in compliance with state standards. Under current law, if a municipality
elects to exercise jurisdiction over the construction and inspection of new dwellings,
DSPS must periodically review the municipality's ordinances related to construction
site erosion control for compliance with state standards. As part of the review, DSPS
must perform an audit of the municipality's construction site erosion control
program and make a written determination regarding whether the municipality is
in compliance. The bill changes the frequency of the DSPS written determination
from three years to five years.
Alternative Dispute Resolution for Manufactured Housing Industry
Disputes
The bill eliminates the requirement that DSPS establish by rule an alternative
dispute resolution program for disputes concerning defects in or installation of
manufactured homes. Under current law, the ADR program must provide for the
timely, nonjudicial resolution of disputes among manufacturers, salespersons,
dealers, and installers of manufactured homes if those disputes are reported to DSPS
within one year of the date on which a manufactured home is installed.
Manufactured Home Construction and Safety Reports
The bill requires DSPS to prepare and submit all reports required under federal
law related to manufactured home construction and safety. Under current law,
manufactured homes must be manufactured, assembled, distributed, and sold in
compliance with federal statutes and regulations. Those federal laws require
reporting by states related to manufactured home construction and safety, and the
bill requires DSPS to prepare and submit all required reports.
Temporary Revocable Permits for Master and Journeyman Plumbers
The bill eliminates the authority of DSPS to issue temporary revocable permits
to master and journeyman plumbers pending an examination. The bill also
eliminates the authority of DSPS to promulgate rules governing the issuance of those
permits.
Septic Tank Installers
The bill eliminates references under current law to "septic tank installers" in
requirements related to installation of private on-site wastewater treatment
systems.
Definition of Public Swimming Pools
The bill changes the definition of public swimming pool to exclude an inflated
mobile structure, a swim pond, or an individual therapeutic pod, tub, or bath. Under
current law, DSPS must review and approve any plans for the construction,
alteration, or reconstruction of a public swimming pool, and no one may maintain,
manage, or operate a public swimming pool unless DSPS has approved the plans and
the public swimming pool conforms to those plans.
Reorganization of Plumbing, Fire Protection Systems, and Swimming Pool
Plan Review Law
The bill reorganizes the statutes so that the laws related to plumbing, fire
protection systems, and swimming pool plan review are located in a separate
subchapter within the chapter that covers regulation of industry, buildings, and
safety.
Mandatory Meeting Requirements
The bill eliminates mandatory annual and semiannual meeting requirements
of the examining boards, affiliated credentialing boards, and other boards and
councils under DSPS, except for the Medical Examining Board, which is required to
meet 12 times each year. Instead, under the bill, those boards and councils are
generally required to meet on the call of the chairperson or a majority of the members
of the board or council.
Administrative Warnings
The bill provides that DSPS and the examining boards, affiliated credentialing
boards, and other boards under DSPS that have disciplinary authority over
professional credential holders may issue an administrative warning regardless of
whether the minor violation for which the administrative warning is issued is a first
occurrence for the credential holder. Under current law, an administrative warning
may be issued only if DSPS or the relevant board finds that the professional
credential holder's violation is a first occurrence of a minor violation.
Compounded Interest Charged for Costs of Disciplinary Proceedings
The bill provides that the interest charged for costs of disciplinary proceedings
is compounded annually. Under current law, DSPS and the examining boards,
affiliated credentialing boards, and other boards under DSPS that have disciplinary
authority over professional credential holders may charge the credential holder for
all or a part of the costs of a disciplinary proceeding involving that credential holder.
Interest upon those costs accrues at the rate of 12 percent annually.
Registration of Licensed Medical Professionals
The bill removes the specific time by which a licensed physician or other
credentialed medical professional must register with the Medical Examining Board.
Under current law, each licensed physician or other credentialed medical
professional must register with the board by November 1 of each odd-numbered year
following initial licensure. Under the bill, the board determines the time and
manner of registration.
Jurisprudence Examination for Funeral Directors
The bill requires a jurisprudence examination for applicants for licensure as a
funeral director that tests an applicant's knowledge of state law relating to funeral
directing. The bill does not otherwise affect current examination requirements.
Elimination of Degree Requirement for Sitting for Certain Exams