SB749: Bill Text

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SB749,40 Section 40. 101.957 of the statutes is repealed.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

SB749,15,11 145.245 (7) (a) Except as provided in par. (e), costs allowable in determining grant funding under this section may not exceed the costs of rehabilitating or replacing a private on-site wastewater treatment system which that would be necessary to allow the rehabilitated system or new system to meet the minimum requirements of the state plumbing code promulgated under s. 145.13 145.02.

SB749,65 Section 65. 145.26 (1) of the statutes is amended to read:

SB749,15,21 145.26 (1) In this section, “public swimming pool" means a fixed or mobile structure, basin, chamber, or tank and appurtenant buildings and equipment that serve or are installed for use by the state, a political subdivision of the state, a motel, a hotel, a resort, a camp, a club, an association, a housing development, a school, a religious, charitable, or youth organization, an educative or rehabilitative facility, or another entity. “Public swimming pool" does not mean an inflated mobile structure, basin, chamber, or tank; a swim pond; an individual therapeutic pod, tub, or bath; or a fixed or mobile structure, basin, chamber, or tank that only serves fewer than 3 individual residences.

SB749,66 Section 66. 234.49 (1) (e) of the statutes is amended to read:

SB749,16,2 234.49 (1) (e) “Housing" means a residential structure having not more than 4 dwelling units in which at least one unit is occupied by the owner as a principal residence and, if a housing rehabilitation loan is granted for the property to implement energy conservation improvements, the structure is not subject to rules adopted under s. 101.02, 101.63, or 101.73, or 101.973.

SB749,67 Section 67. 321.60 (1) (a) 7. of the statutes is amended to read:

SB749,16,5 321.60 (1) (a) 7. A An occupational license, as defined in s. 101.02 (20) (1) (a) 2.

SB749,68 Section 68. 321.60 (1) (a) 18. of the statutes is amended to read:

SB749,16,8 321.60 (1) (a) 18. A license, permit, certificate, or registration that is granted under chs. 440 to 480 credential, as defined in s. 440.01 (2) (a).

SB749,69 Section 69. 343.305 (6) (bm) of the statutes is amended to read:

SB749,16,17 343.305 (6) (bm) Any relevant instruction, as defined in s. 101.02 (24) (a) 1. 440.075 (1), that an applicant for an approval, certification, or permit under par. (b) has obtained in connection with any military service, as defined in s. 111.32 (12g), counts toward satisfying any requirement for instruction for an approval, certification, or permit under par. (b) if the applicant demonstrates to the satisfaction of the department of transportation that the instruction obtained by the applicant is substantially equivalent to the instruction required for the approval, certificate, or permit under par. (b).

SB749,70 Section 70. 440.03 (3m) of the statutes is amended to read:

SB749,16,20 440.03 (3m) The department may investigate complaints made against a person who has been issued a credential under chs. 440 to 480.

SB749,71 Section 71. 440.03 (7) of the statutes is amended to read:

SB749,17,2 440.03 (7) The department shall establish the style, content, and format of all credentials and of all forms for applying for any initial credential issued or renewed under chs. 440 to 480 or credential renewal. All forms shall include a place for the information required under sub. (11m) (a). Upon request of any person who holds a credential and payment of a $10 fee, the department may issue a wall certificate signed by the governor.

SB749,72 Section 72. 440.03 (7m) of the statutes is amended to read:

SB749,17,12 440.03 (7m) The department may promulgate rules that establish procedures for submitting an application for a credential or credential renewal by electronic transmission. Any rules promulgated under this subsection shall specify procedures for complying with any requirement that a fee be submitted with the application. The rules may also waive any requirement in chs. 440 to 480 that an application submitted to the department, an examining board, or an affiliated credentialing board be executed, verified, signed, sworn, or made under oath, notwithstanding ss. 440.26 (2) (b), 440.91 (2) (intro.), 443.06 (1) (a), 443.10 (2) (a), 445.04 (2), 445.08 (4), 445.095 (1) (a), 448.05 (7), 450.09 (1) (a), 452.10 (1), and 480.08 (2m).

SB749,73 Section 73. 440.03 (11m) (a) of the statutes is amended to read:

SB749,17,21 440.03 (11m) (a) Each application form for a an initial credential issued or renewed under chs. 440 to 480 credential renewal shall provide a space for the department to require an applicant for the initial credential or credential renewal, other than an individual who does not have a social security number and who submits a statement made or subscribed under oath or affirmation as required under par. (am), to provide his or her social security number. If the applicant is not an individual, the department shall require the applicant to provide its federal employer identification number.

SB749,74 Section 74. 440.03 (13) (a) of the statutes is amended to read:

SB749,18,5 440.03 (13) (a) The department may conduct an investigation to determine whether an applicant for a credential issued under chs. 440 to 480 satisfies any of the eligibility requirements specified for the credential, including whether the applicant does not have an arrest or conviction record. In conducting an investigation under this paragraph, the department may require an applicant to provide any information that is necessary for the investigation, except that, for an investigation of an arrest or conviction record, the department shall comply with the requirements of pars. (b) and (c).

SB749,75 Section 75. 440.03 (13) (am) of the statutes is amended to read:

SB749,18,12 440.03 (13) (am) A person holding a credential under chs. 440 to 480 who is convicted of a felony or misdemeanor anywhere shall send a notice of the conviction by 1st class mail to the department within 48 hours after the entry of the judgment of conviction. The department shall by rule determine what information and documentation the person holding the credential shall include with the written notice.

SB749,76 Section 76. 440.19 of the statutes is amended to read:

SB749,18,21 440.19 Voluntary surrender of license, permit, or certificate. A person who holds a license, permit, or certificate of certification or registration issued under chs. 440 to 480 credential may voluntarily surrender that license, permit, or certificate of certification or registration credential. The department, examining board, affiliated credentialing board, or board of the department that issued the license, permit, or certificate of certification or registration credential may refuse to accept that surrender if a complaint has been filed or disciplinary proceeding has been commenced against the person under s. 440.20.

SB749,77 Section 77. 440.20 (4) of the statutes is renumbered 440.20 (4) (a) and amended to read:

SB749,19,4 440.20 (4) (a) In addition to any grounds for discipline specified in chs. 440 to 480, the The department or appropriate examining board, affiliated credentialing board, or board in the department may reprimand the holder of a credential or deny, limit, suspend, or revoke the credential of any person who intentionally violates s. 252.14 (2) or intentionally discloses the results of a blood test in violation of s. 252.15 (3m) (b) or (f) or (5m).

SB749,78 Section 78. 440.20 (4) (b) of the statutes is created to read:

SB749,19,7 440.20 (4) (b) The grounds for discipline specified under par. (a) are in addition to any grounds for discipline specified in chs. 440 to 480.

SB749,79 Section 79. 440.20 (5) of the statutes is renumbered 440.20 (5) (a) and amended to read:

SB749,19,17 440.20 (5) (a) In addition to any grounds for discipline specified in chs. 440 to 480, the The department, or the appropriate credentialing board or other board in the department, may reprimand a credential holder, or may deny, limit, suspend, or revoke a credential, if the credential holder fails to respond, to the satisfaction of the department, credentialing board, or other board in the department, within 30 days to a request for information from the department, credentialing board, or other board in the department in connection with an investigation of alleged misconduct of the credential holder.

SB749,80 Section 80. 440.20 (5) (b) of the statutes is created to read:

SB749,19,20 440.20 (5) (b) The grounds for discipline specified under par. (a) are in addition to any grounds for discipline specified in chs. 440 to 480.

SB749,81 Section 81. 445.04 (3) (a) of the statutes is amended to read:

SB749,19,24 445.04 (3) (a) Written examinations for a funeral director's license under pars. (b) and (c) shall be held at least once a year and shall be conducted by the examining board at a time and place to be designated by the examining board.

SB749,82 Section 82. 445.04 (3) (b) (intro.) of the statutes is amended to read:

SB749,20,2 445.04 (3) (b) (intro.) The comprehensive examination shall include the subjects of:

SB749,83 Section 83. 445.04 (3) (c) of the statutes is created to read:

SB749,20,5 445.04 (3) (c) The jurisprudence examination shall test the applicant's knowledge of state law relating to funeral directing.

SB749,84 Section 84. 445.045 (1) (g) of the statutes is amended to read:

SB749,20,9 445.045 (1) (g) The person must have successfully passed a comprehensive examination conducted by the examining board as required by under s. 445.04 (3) (b) and a jurisprudence examination under s. 445.04 (3) (c).

SB749,85 Section 85. 445.08 (1) of the statutes is renumbered 445.08 and amended to read:

SB749,20,21 445.08 Reciprocity in issuance of licenses. Any person holding a valid license as a funeral director or embalmer in another state having requirements substantially equal to those in this state for a funeral director's license may apply for a license to practice in this state by filing with the examining board a certified statement from an authorized official of the that state in which the applicant holds a license, showing the qualifications upon which said license was granted. that verifies the person's licensure in that state. An applicant for licensure under this section shall pass the jurisprudence examination under s. 445.04 (3) (c) and shall satisfy the requirement under s. 445.045 (1) (b). Thereupon the examining board may, upon the payment of the required fee, issue a funeral director's license.

SB749,86 Section 86. 445.08 (4) of the statutes is repealed.

SB749,87 Section 87. 446.02 (7) (d) 1. of the statutes is amended to read:

SB749,20,25 446.02 (7) (d) 1. Beginning on July 1, 2010, a A chiropractor may delegate X-ray services only to a chiropractic radiological technologist technician.

SB749,88 Section 88. 446.02 (7) (d) 2. of the statutes is amended to read:

SB749,21,3 446.02 (7) (d) 2. Beginning on July 1, 2010, a A chiropractor may delegate adjunctive services only to a chiropractic technologist technician.

SB749,89 Section 89. 447.05 of the statutes is amended to read:

SB749,21,20 447.05 Expiration and renewal. Renewal applications shall be submitted to the department on a form provided by the department on or before the applicable renewal date specified under s. 440.08 (2) (a) and shall include the applicable renewal fee determined by the department under s. 440.03 (9) (a). The examining board may not renew a license to practice dentistry unless the applicant for renewal attests that he or she has current proficiency in cardiopulmonary resuscitation, including the use of an automated external defibrillator achieved through instruction provided by an individual, organization, or institution of higher education approved under s. 46.03 (38) to provide such instruction. The examining board may not renew a license to practice dental hygiene unless the applicant for renewal attests that he or she has complied with s. 447.055 and any rules promulgated by the department examining board under s. 447.055, that he or she has a current certification in cardiopulmonary resuscitation, and that he or she has current proficiency in the use of an automated external defibrillator achieved through instruction provided by an individual, organization, or institution of higher education approved under s. 46.03 (38) to provide such instruction.