SB749: Bill Text

SB749,6,5 49.857 (1) (d) 7. A An occupational license, permit or certificate of certification or registration specified as defined in s. 101.02 (21) (1) (a) 2.

SB749,8 Section 8. 66.1019 (3) of the statutes is repealed.

SB749,9 Section 9. 73.0301 (1) (d) 5. of the statutes is amended to read:

SB749,6,9 73.0301 (1) (d) 5. A An occupational license, as defined in s. 101.02 (20) (1) (a) 2.

SB749,10 Section 10. 100.21 (1) (a) of the statutes is amended to read:

SB749,6,14 100.21 (1) (a) “Dwelling unit" means a dwelling, as defined under s. 101.61 (1), a modular home, as defined under s. 101.71 (6), a manufactured home, as defined under s. 101.91 (2), or a multifamily dwelling, as defined under s. 101.971 (2) 101.01 (8m).

SB749,11 Section 11. 101.02 (1) of the statutes is renumbered 101.02 (1) (b) and amended to read:

SB749,6,20 101.02 (1) (b) The department shall adopt reasonable and proper rules and regulations relative to the exercise of its powers and authorities and proper rules to govern its proceedings and to regulate the mode and manner of all investigations and hearings, subject to par. (c).

SB749,12 Section 12. 101.02 (1) (a) of the statutes is created to read:

SB749,6,22 101.02 (1) (a) In this subsection:

SB749,6,23 1. “Credential” has the meaning given in s. 440.01 (2) (a).

SB749,7,2 2. “Occupational license” means a license, permit, certificate, registration, or other approval for an occupation, trade, or profession issued by the department under this chapter, under ch. 145, under rules promulgated under this chapter or ch. 145, or under s. 167.10 (6m).

SB749,13 Section 13. 101.02 (1) (c) of the statutes is created to read:

SB749,7,9 101.02 (1) (c) If the department promulgates rules under s. 440.03 (1) defining uniform procedures to be used by the department for receiving, filing, and investigating complaints against holders of credentials, for commencing disciplinary proceedings against holders of credentials, and for conducting hearings on matters relating to credentials, the department's rules under par. (b) with respect to occupational licenses shall conform with the rules promulgated under s. 440.03 (1).

SB749,14 Section 14. 101.02 (1m) of the statutes is amended to read:

SB749,7,13 101.02 (1m) Notwithstanding sub. (1) (b), the department may not promulgate or enforce a rule related to fire safety that prohibits the seasonal placement of a Christmas tree in the rotunda of the state capitol building or in a church.

SB749,15 Section 15. 101.02 (7m) of the statutes is repealed.

SB749,16 Section 16. 101.02 (7r) (a) of the statutes is amended to read:

SB749,7,20 101.02 (7r) (a) Notwithstanding sub. (7) (a), no city, village, or town may enact or enforce an ordinance that establishes minimum standards for constructing, altering, or adding to public buildings or buildings that are places of employment unless that ordinance strictly conforms to the applicable rules under sub. (15) (j), except as provided in pars. (b) to (d) and sub. (7m).

SB749,17 Section 17. 101.02 (7r) (b) 4. of the statutes is amended to read:

SB749,7,23 101.02 (7r) (b) 4. The building is not a multifamily dwelling, as defined in s. 101.971 (2).

SB749,18 Section 18. 101.02 (20) of the statutes, as affected by 2017 Wisconsin Act 59, is repealed.

SB749,19 Section 19. 101.02 (21) of the statutes, as affected by 2017 Wisconsin Act 59, is repealed.

SB749,20 Section 20. 101.02 (24) of the statutes, as affected by 2017 Wisconsin Act 59, is repealed.

SB749,21 Section 21. 101.022 of the statutes is created to read:

SB749,8,12 101.022 Certain laws applicable to occupational licenses. Sections 440.03 (1), (3m), (4), (11m), and (13) (a), (am), and (b) 75., 440.05 (1) (a) and (2) (b), 440.075, 440.09 (2), 440.11, 440.12, 440.121, 440.13, 440.14, 440.15, 440.19, 440.20 (1), (3), (4) (a), and (5) (a), 440.205, 440.21, and 440.22, and the requirements imposed on the department under those statutes, apply to occupational licenses, as defined in s. 101.02 (1) (a) 2., in the same manner as those statutes apply to credentials, as defined in s. 440.01 (2) (a).

SB749,22 Section 22. 101.025 (1) of the statutes is amended to read:

SB749,8,25 101.025 (1) Notwithstanding s. 101.02 (1) (b) and (15), any rule which that requires the intake of outside air for ventilation in public buildings or places of employment shall establish minimum quantities of outside air that must be supplied based upon the type of occupancy, the number of occupants, areas with toxic or unusual contaminants, and other pertinent criteria determined by the department. The department shall set standards where the mandatory intake of outside air may be waived. The department may waive the requirement for the intake of outside air where the owner has demonstrated that the resulting air quality is equivalent to that provided by outdoor air ventilation. The department may not waive the mandatory intake of outside air unless smoking is prohibited in the building or place of employment. In this subsection, “smoking" means carrying any lighted tobacco product.

SB749,23 Section 23. 101.12 (6) (a) of the statutes is repealed.

SB749,24 Section 24. 101.12 (6) (b) of the statutes is renumbered 101.12 (6).

SB749,25 Section 25. 101.125 (2) of the statutes is repealed.

SB749,26 Section 26. 101.125 (2m) of the statutes is created to read:

SB749,9,7 101.125 (2m) Rules. The department shall promulgate rules regulating safety glazing material manufactured, distributed, imported, sold, or installed for use in a hazardous location.

SB749,27 Section 27. 101.125 (3) of the statutes is repealed.

SB749,28 Section 28. 101.125 (4) (a) of the statutes is amended to read:

SB749,9,12 101.125 (4) (a) No employee of a person responsible for compliance with this section the rules promulgated under sub. (2m) is liable for the employer's failure to comply.

SB749,29 Section 29. 101.125 (4m) of the statutes is repealed.

SB749,30 Section 30. 101.125 (5) of the statutes is amended to read:

SB749,9,16 101.125 (5) Penalty. Whoever violates this section the rules promulgated under sub. (2m) may be required to forfeit not less than $100 nor more than $500.

SB749,31 Section 31. 101.14 (4m) (a) 3. of the statutes is repealed.

SB749,32 Section 32. 101.16 (3g) (a) of the statutes is amended to read:

SB749,9,25 101.16 (3g) (a) No retailer may distribute liquefied petroleum gas without holding a license issued by the department. The department, subject to s. 101.02 (20) and (21) ss. 440.12 and 440.13, shall issue a license to be a retailer upon receiving the fee established under s. 101.19 (1g) (L) or (1m) and upon the retailer's obtaining commercial general liability insurance as required under sub. (3r) (c). The department shall set the term of the license shall be set by the department, not to exceed 2 years.

SB749,33 Section 33. 101.19 (1g) (f) of the statutes is amended to read:

SB749,10,4 101.19 (1g) (f) Administration of the manufactured dwelling program, the one-family and two-family dwelling programs, and the manufactured home and mobile home program, and the multifamily dwelling program.

SB749,34 Section 34. 101.19 (1r) of the statutes, as affected by 2017 Wisconsin Act 59, is repealed.

SB749,35 Section 35. 101.654 (1) (c) 1. of the statutes is amended to read:

SB749,10,9 101.654 (1) (c) 1. In this paragraph, “license" has the meaning given means an occupational license, as defined in s. 101.02 (21) (1) (a) 2.

SB749,36 Section 36. 101.84 (1) of the statutes is amended to read:

SB749,10,14 101.84 (1) Hold hearings on any matter relating to this subchapter and issue subpoenas to compel the attendance of witnesses and the production of evidence at the hearings, except that the department shall conduct hearings related to occupational licenses, as defined in s. 101.02 (1) (a) 2., as provided in s. 101.022.

SB749,37 Section 37. 101.951 (7) (a) of the statutes is amended to read:

SB749,10,24 101.951 (7) (a) The department of safety and professional services may, without notice, deny the application for a license within 60 days after receipt thereof of the application by written notice to the applicant, stating the grounds for the denial. Within 30 days after such the date on which the written notice of denial is mailed to the applicant, the applicant may petition the department of administration to conduct a hearing to review the denial, and the department of administration shall schedule a hearing shall be scheduled with reasonable promptness. The division of hearings and appeals shall conduct the hearing. This paragraph does not apply to denials of applications for licenses under s. 101.02 (21) 440.13.

SB749,38 Section 38. 101.951 (7) (b) of the statutes is amended to read:

SB749,11,14 101.951 (7) (b) No license may be suspended or revoked except after a hearing thereon. The department of safety and professional services shall give the licensee at least 5 days' notice of the time and place of the hearing. The order suspending or revoking such a license shall is not be effective until after 10 days' written notice thereof to the licensee, after such the hearing has been had; except that the department of safety and professional services, when in its opinion the best interest of the public or the trade demands it, may suspend a license upon not less than 24 hours' notice of hearing and with not less than 24 hours' notice of the suspension of the license. Matters The department of administration shall hear and decide upon matters involving suspensions and revocations brought before the department of safety and professional services shall be heard and decided upon by the department of administration. The division of hearings and appeals shall conduct the hearing. This paragraph does not apply to licenses that are suspended or revoked under s. 101.02 (21) 440.13.

SB749,39 Section 39. 101.952 (5) of the statutes is amended to read:

SB749,11,20 101.952 (5) The provision of s. 218.0116 relating to the denial, suspension, and revocation of a motor vehicle salesperson's license shall apply to the denial, suspension, and revocation of a manufactured home salesperson's license so far as applicable, except that such provision does not apply to the denial, suspension, or revocation of a license under s. 101.02 (21) (b) 440.13.

SB749,40 Section 40. 101.957 of the statutes is repealed.

SB749,41 Section 41. Subchapter VI (title) of chapter 101 [precedes 101.971] of the statutes is repealed.

SB749,42 Section 42. 101.971 (intro.) and (1) of the statutes are repealed.

SB749,43 Section 43. 101.971 (2) of the statutes is renumbered 101.01 (8m) and amended to read:

SB749,12,8 101.01 (8m) “Multifamily dwelling" means an apartment building, rowhouse, town house, condominium, or modular home, as defined in s. 101.71 (6), that does not exceed 60 feet in height or 6 stories and that consists of 3 or more attached dwelling units, as defined in s. 101.61 (1), the initial construction of which is begun on or after January 1, 1993. “Multifamily dwelling" does not include a facility licensed under ch. 50.

SB749,44 Section 44. 101.971 (3) and (4) of the statutes are repealed.

SB749,45 Section 45. 101.973 of the statutes is repealed.

SB749,46 Section 46. 101.974 (intro.), (1), (2) and (3) of the statutes are repealed.

SB749,47 Section 47. 101.974 (4) of the statutes is renumbered 101.02 (25) and amended to read:

SB749,12,15 101.02 (25) Promulgate The department may promulgate rules prescribing procedures for approving new building materials, methods, and equipment.

SB749,48 Section 48. 101.974 (5) of the statutes is repealed.

SB749,49 Section 49. 101.975 of the statutes is repealed.

SB749,50 Section 50. 101.976 of the statutes is repealed.

SB749,51 Section 51. 101.977 of the statutes is repealed.

SB749,52 Section 52. 101.978 of the statutes is repealed.

SB749,53 Section 53. 101.985 (4) of the statutes is repealed.

SB749,54 Section 54. 101.985 (5) (a) of the statutes is amended to read:

SB749,13,3 101.985 (5) (a) Issuance and term. Except as provided under s. 101.02 (20) (b) and (21) (b) ss. 440.12 and 440.13, the department shall issue a license to any applicant who satisfies the applicable requirements of subs. (1) to (3) and any rules promulgated under subs. (1) to (3) and who pays any applicable fee required by rule of the department under s. 101.19 (1g) (k). Except as provided under sub. (2) (c) and (d), the term of each license is 2 years.

SB749,55 Section 55. 108.227 (1) (e) 5. of the statutes is amended to read:

SB749,13,6 108.227 (1) (e) 5. A An occupational license, as defined in s. 101.02 (20) (1) (a) 2.

SB749,56 Section 56. 145.02 (2) (a) of the statutes, as affected by 2017 Wisconsin Act 59, is amended to read:

SB749,13,21 145.02 (2) (a) The department shall have general supervision of all such plumbing and described under sub. (1). The department shall after public hearing prescribe and publish and enforce reasonable standards therefor which promulgate rules that shall be uniform and of statewide concern so far as practicable. Any employee designated by the department may act for the department in holding the public hearing required under this subsection uniformly apply to all types of buildings, private or public, rural or urban, including buildings owned by the state or any political subdivision. The rules promulgated by the department shall constitute the state plumbing code. The state plumbing code shall comply with ch. 160. To the extent that the historic building code applies to the subject matter of these standards, the standards do not apply to a qualified historic building if the owner elects to be subject to s. 101.121. The standards do not apply to a primitive rural hunting cabin, as defined in s. 101.61 (3).

SB749,57 Section 57. 145.02 (3) (f) of the statutes is amended to read:

SB749,14,8 145.02 (3) (f) Issue special orders directing and requiring compliance with the rules and standards of the department promulgated under this chapter whenever, in the judgment of the department, the rules or standards are threatened with violation, are being violated or have been violated, except that the department shall issue orders related to occupational licenses, as defined in s. 101.02 (1) (a) 2., as provided in s. 101.022. The circuit court for any county where violation of such an order occurs has jurisdiction to enforce and shall enforce any order brought before it by injunctive and other appropriate relief. The attorney general or the district attorney of the county where the violation of the order occurs shall bring action for its enforcement. The department may issue an order under this paragraph to abate a violation of s. 254.59.

SB749,58 Section 58. 145.035 of the statutes is repealed.

SB749,59 Section 59. 145.045 (2) of the statutes is repealed.

SB749,60 Section 60. 145.045 (3) of the statutes is amended to read:

SB749,14,15 145.045 (3) Plumbers and septic tank installers may be soil testers. A plumber or septic tank installer may also be a soil tester and install any system after approval of the site or project by the department or the governmental unit responsible for the regulation of private on-site wastewater treatment systems.

SB749,61 Section 61. 145.12 (4) of the statutes is amended to read:

SB749,14,22 145.12 (4) Any person who violates any order under s. 145.02 (3) (f) or 145.20 (2) (f) or any rule or standard adopted under s. 145.13 145.02 shall forfeit not less than $10 nor more than $1,000 for each violation. Each violation of an order under s. 145.02 (3) (f) or 145.20 (2) (f) or a rule or standard under s. 145.13 145.02 constitutes a separate offense, and each day of continued violation is a separate offense.

SB749,62 Section 62. 145.13 of the statutes is repealed.

SB749,63 Section 63. 145.24 (1) of the statutes is amended to read:

SB749,15,5 145.24 (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 for a variance to the siting or design standards.

SB749,64 Section 64. 145.245 (7) (a) of the statutes is amended to read: