AB547: Bill Text

LRB-4043/1

MGG/MG/PH/RK/RN/TK:all:jf

2011 - 2012 LEGISLATURE

2011 Assembly BILL 547

February 8, 2012 - Introduced by Representative Rivard, cosponsored by Senator Leibham. Referred to Committee on Homeland Security and State Affairs.

AB547,3,12 An Act to repeal 15.407 (2) (a), 101.07, 101.177, 101.563, 145.08 (1m), 145.135 (title), 145.135 (1) (title), 145.19 (1) (title), 145.19 (5), 157.12 (1) and 457.02 (5); to renumber and amend 15.407 (10), 101.01 (11), 101.01 (12), 101.985 (2) (a) (intro.), 101.985 (2) (a) 2., 101.985 (2) (a) 3., 145.135 (1), 145.135 (2) (intro.), 145.135 (2) (a) to (f), 145.19 (1), 443.015, 443.03 (1) (b) 1., 443.08 (1), 443.08 (2), 443.08 (3) (a), 443.08 (4) (a), 443.08 (4) (b), 443.08 (5), 443.13, 443.14 (1) and 443.14 (4); to amend 15.407 (1m), 15.407 (2) (b), 15.407 (2) (c), 20.165 (2) (de), 20.165 (2) (j), 20.165 (2) (L), 20.320 (3) (title), 20.320 (3) (q), 59.70 (1), 59.70 (5) (title), 59.70 (5) (a), 59.70 (5) (b), 60.70 (5), 60.72 (4), 60.726 (title), 60.726 (2), 60.77 (5) (b), 60.77 (5) (bm), 60.77 (5) (bs), 60.77 (5) (j), 101.02 (20) (a), 101.02 (21) (a), 101.145 (2), 101.745 (2), 101.952 (3), 101.985 (2) (title), 101.985 (2) (am), 101.985 (2) (b), 101.985 (2) (c), 101.985 (2) (d), 101.985 (4), 101.985 (5) (b) 1., 101.985 (7) (a) (intro.), 145.01 (4m), 145.01 (5), 145.01 (10) (a) 2., 145.01 (12), 145.045 (1), 145.045 (3), 145.07 (3) (a), 145.07 (5), 145.14 (2) (a), 145.19 (2), 145.19 (3), 145.19 (4), 145.19 (6), 145.195 (1), 145.195 (2), 145.20 (title), 145.20 (1) (a), 145.20 (1) (am), 145.20 (1) (b), 145.20 (2) (intro.), 145.20 (2) (a), 145.20 (2) (d), 145.20 (2) (e), 145.20 (2) (f), 145.20 (2) (g), 145.20 (2) (h), 145.20 (3) (a) 1., 145.20 (3) (a) 2., 145.20 (3) (b), 145.20 (3) (c), 145.20 (3) (d), 145.20 (4), 145.20 (5) (a), 145.20 (5) (am), 145.20 (5) (b), 145.20 (6) (a) 2., 145.24 (1), 145.24 (2), 145.24 (3), 145.245 (title), 145.245 (1) (a) 1., 145.245 (1) (ae), 145.245 (4) (intro.), 145.245 (4) (b), 145.245 (4) (e), 145.245 (4m) (intro.), 145.245 (4m) (a), 145.245 (4m) (b), 145.245 (4m) (c), 145.245 (5) (a) 1., 145.245 (5) (a) 2., 145.245 (5) (a) 3., 145.245 (5m) (a), 145.245 (6) (a), 145.245 (6) (b), 145.245 (7) (a), 145.245 (7) (b), 145.245 (7) (c), 145.245 (7) (d), 145.245 (7) (e), 145.245 (8) (a), 145.245 (9) (b), 145.245 (9) (c), 145.245 (9) (e), 145.245 (11) (e), 145.245 (11m) (b), 145.245 (11m) (c), 145.245 (11m) (d), 145.245 (13), 145.245 (14) (d), 160.255 (title), 160.255 (1), 160.255 (2), 160.255 (3), 160.255 (4), 160.255 (5), 168.11 (1) (b) 1., 200.21 (11), 200.29 (1) (c) 3. a., 236.13 (2m), 281.41 (3) (a), 281.41 (3) (b) 3., 281.41 (3) (b) 4., 281.48 (2) (bm), 281.48 (2) (d), 281.48 (2) (f), 281.48 (2) (g), 281.48 (2m), 281.48 (3) (e), 281.48 (4g), 281.59 (1m) (c), 281.68 (3) (a) 2. f., 440.21 (4) (a), 440.21 (4) (b), 440.26 (4), 440.91 (2) (intro.), 440.91 (2) (a), 440.91 (8), 443.01 (2), 443.015 (title), 443.03 (1) (intro.), 443.03 (1) (a), 443.03 (1) (b) 2., 443.03 (2), 443.035 (intro.), 443.035 (1), 443.04, 443.05 (1) (intro.), (a) and (b) and (2), 443.06 (1) (a), 443.06 (2) (intro.), 443.06 (3), 443.07 (1) (intro.), 443.07 (1) (a), 443.07 (3), 443.07 (5), 443.09 (4m), 443.09 (5), 443.10 (1) (a) to (d), 443.10 (2) (c), 443.10 (2) (d), 443.10 (2) (f), 443.10 (2) (h), 443.10 (3), 443.10 (4) (a) and (b), 443.11 (1) (intro.), 443.11 (1) (e), 443.11 (2), 443.11 (3), 443.11 (4), 443.11 (5), 443.11 (6), 443.18 (1) (a), 443.18 (2) (a) and (b), 445.06, 448.63 (1) (d) 2., 450.02 (3m) (a) (intro.), 450.071 (1), 454.01 (5) (b), 454.08 (2) (a), 459.12 (1), 961.23 (5) and 961.23 (7); to repeal and recreate 101.985 (2) (a) (title) and 145.19 (title); and to create 15.407 (2) (d), 101.01 (11) (c), 101.01 (12) (c), 101.05 (5), 101.985 (2) (ab) (intro.), 101.985 (2) (ad), 440.03 (13) (am), 440.19, 440.26 (2) (c) 5., 440.26 (5m) (am), 440.26 (6) (a) 5., 443.015 (2), 443.03 (1) (b) (intro.), 443.08 (1) (b), 443.08 (2) (b), 443.08 (2) (c), 443.08 (3) (a) 2., 443.08 (3) (a) 3., 443.08 (4) (a) 2., 443.08 (4) (a) 3., 443.08 (4) (a) 4., 443.08 (4) (b) 2., 443.08 (4) (b) 3., 443.08 (4) (b) 4., 443.08 (5) (b), 443.08 (5) (c), 443.14 (1) (b), 443.14 (4) (b) and 450.02 (3m) (a) 4. of the statutes; relating to: the authority and responsibility of the Department of Safety and Professional Services, requirements for obtaining certain licenses or other credentials from the Department of Safety and Professional Services, weighing a product that contains opium or another controlled substance, and granting rule-making authority.

Analysis by the Legislative Reference Bureau

department of safety and professional services

This bill makes various changes to the authority and responsibilities of the Department of Safety and Professional Services (DSPS).

Buildings and safety

Under current law, with certain exceptions, DSPS has authority to regulate places of employment and public buildings in this state in order to protect the life, health, safety, and welfare of the employees and the public who use those places and buildings. Under this authority, DSPS promulgates building codes that establish standards for the construction, repair, and maintenance of places of employment and public buildings.

This bill specifies that, when used with relation to building codes, the terms "place of employment" and "public building" do not include home-based businesses.

Current law provides that DSPS authority to regulate places of employment does not include the regulation of places where persons are employed in farming. This bill specifies, similarly, that DSPS authority to regulate public buildings does not include the authority to regulate buildings used for farming.

Under current law, the Dwelling Code Council (council) reviews the standards and rules for the construction of one-family and two-family dwellings (dwellings) and for modular homes and recommends a uniform dwelling code and a statewide modular home code for adoption by DSPS.

Current law requires that the council have 18 members and that each member serve a three-year term. Of those members, current law requires a specified number of members to represent certain interest groups, including building trade labor organizations, certified building inspectors, building contractors, and members of the public. This bill reduces the membership of the council from 18 to seven members. The bill provides that each member must represent at least one of the interest groups for which representation on the council is required under current law, but does not require that each interest group be represented on the council. The bill also reduces the terms of the members from three-year terms to two-year terms.

Under current law, DSPS regulates elevators, escalators, and similar conveyances that move people or things. Under current law, contractors and mechanics constructing, altering, replacing, repairing, or otherwise working with these conveyances, and inspectors of these conveyances, must be licensed by DSPS. With certain exceptions, to be licensed as an elevator mechanic, an individual must apply to DSPS and either must complete an apprenticeship program approved by the U.S. Department of Labor or by the Department of Workforce Development or must have sufficient work history during the three years preceding the application in working with these conveyances and have passed an elevator mechanic's examination that is administered by DSPS or that is administered by a nationally recognized training program that is approved by DSPS.

This bill creates alternative requirements that may be met in order to be issued an elevator mechanic's license. Under the bill, an individual is eligible for a license if he or she verifies to DSPS that he or she has successfully completed a four-year training program established by the National Elevator Industry Educational Program or an equivalent four-year training program that is approved by DSPS and that he or she has had a certain level of experience working with elevators and other conveyances. This experience requirement may be met by being employed during each of the five years immediately preceding the date of the license application for at least 1,000 hours as an elevator mechanic, or in another capacity that has allowed him or her to remain familiar with elevator equipment, technology, and industry practices. The experience requirement may alternatively be met by meeting the 1,000-hour requirement in any five years preceding the date of the license application if the applicant verifies that this alternative is due to the applicant's work being disrupted by high unemployment in the elevator industry, military service, illness, disability, or another factor beyond the applicant's control.

Current law requires every person who is licensed by DSPS to sell manufactured homes to consumers to carry his or her license when engaged in his or her business and to display the license upon request. Current law also requires the licensee's employer to be named on the license. Current law specifies that if the licensee changes employers, then the licensee must immediately mail the license to DSPS so that DSPS can endorse the change on the license. This bill eliminates the requirement that the licensee mail his or her license to DSPS when the licensee changes employers and the requirement that DSPS endorse that change on the license.

Under current law, DSPS makes payments to eligible cities, villages, and towns (political subdivisions) for local fire prevention and protection from payments collected from insurers who insure against fire damage in this state. These payments from insurers are often referred to as "fire department dues." A political subdivision must meet certain eligibility criteria in order to receive these payments such as having a fire chief and being able to immediately dispatch fire fighters and equipment. The use of the payment to the political subdivision is limited to activities such as fire inspection, the purchase of equipment, and training of fire fighters.

Beginning with calendar year 2000 and ending with calendar year 2004, the state was required to make these payments to each political subdivision without regard to eligibility of the political subdivision for the payments. This bill repeals this requirement.

Current law imposes requirements for smoke detectors that must be installed in public residential buildings, one-family and two-family dwellings, and in manufactured homes. One of those requirements is that the smoke detectors be approved by Underwriters Laboratories, Inc. This bill provides, instead, that the smoke detectors must bear an Underwriters Laboratories, Inc., listing mark or similar mark from an independent product safety certification organization.

Current law requires a device that dispenses a gasoline-ethanol fuel blend for sale at retail to be marked or labeled with the percentage of ethanol at all times when the product is offered for sale. Current law requires the marking or labeling to use one-half inch high letters with a stroke of not less than one-eighth inch in width.

This bill eliminates the requirements with regard to the lettering used on the marking or labeling.

Under current law, DSPS regulates persons who install or service a piece of refrigeration equipment (refrigeration equipment) that contains ozone-depleting refrigerant (refrigerant). Among other requirements, current law requires a person who installs or services a piece of refrigeration equipment that contains refrigerant to certify that the person does not use the refrigerant for cleaning purposes, transfers the refrigerant to storage containers using approved equipment, and does not knowingly or negligently release the refrigerant to the environment. DSPS also regulates persons who sell used, new, or reclaimed refrigerant. Refrigerants are also regulated under federal law.

This bill repeals current state law with regard to the regulation of persons who install or service most types of refrigeration equipment that contain refrigerant and with regard to the regulation of most sales of used, new, and reclaimed refrigerant. The bill does not repeal current state law that applies to the regulation of refrigerant in mobile air conditioners and in trailer refrigeration equipment.

Under current law, a sewage treatment and disposal system serving a single structure is defined as, or referred to, as a "private sewage system." This bill changes the phrase "private sewage system" to "private on-site wastewater treatment system" throughout the statutes.

Under current law, no person may install a private sewage system on the person's property without a valid sanitary permit issued by the applicable local governmental unit that issues sanitary permits. Current law requires the governmental unit to send a copy of each permit that it issues to DSPS. This bill eliminates this requirement and requires that the governmental unit submit to DSPS a period summary of the permits it issues at intervals to be determined by DSPS.

Current law specifies a minimum fee for the issuance of a sanitary permit for private sewage system. It also specifies the amount that a governmental unit must send with a permit when it forwards a copy of the permit to DSPS. However, under current law, DSPS may adjust these fees by rule. This bill eliminates the statutorily specified fees and maintains DSPS' authority to promulgate these fees by rule.

Current law requires DSPS to prescribe the information to be included in the sanitary permit and to furnish sanitary permit forms to local governmental units.

This bill eliminates the requirement that DSPS supply sanitary permit forms to local governmental units.

Under current law, to be eligible to take an examination for a master plumber license, the applicant for the license must have had no less than 1,000 hours per year experience in three or more consecutive years or must be an engineering graduate from a school or college approved by DSPS. This bill eliminates the requirement that the three or more years be consecutive.

DSPS may classify master and journeyman plumbers as being restricted as to the type of work they do. A state resident who has a restricted journeyman plumber license may take the examination for a restrictive master plumber license if he or she has been engaged in a restricted type of plumbing work for a period of not less than 1,000 hours per year for two or more consecutive years. This bill eliminates the requirement that the two or more years be consecutive.

Current law authorizes DSPS to administer license examinations to persons applying to DSPS for master and journeymen plumber licenses and licenses that relate to the design, installation, and maintenance or repair of automatic fire sprinkler systems. DSPS charges fees for these examinations and licenses. Under current law, if an applicant for a license fails to pay a license fee within 30 days after receiving notice that the applicant has passed the examination for the license, DSPS may not issue the license and the applicant again has to take the examination and pay the examination fee. This bill repeals this provision.

Under current law, DSPS may not promulgate any rule that prohibits the use of manual flushing devices for urinals. This bill repeals this provision.

Occupational regulation

Under current law, DSPS issues occupational and professional licenses, registrations, and similar approvals (licenses). Some of these licenses are referred to in specific statutes and others are issued pursuant to DSPS's rule-making authority. Under current law, DSPS may not issue or renew certain licenses that are specifically referred to in the statutes to applicants who are delinquent in family or child support payments or in payment of state taxes. This bill expands the scope of the types of licenses for which issuance or renewal must be denied due to support or tax delinquency to include all of the occupational and professional licenses issued by DSPS.

Under current law, DSPS may conduct investigations, hold hearings, and make findings to determine whether a person has engaged in a practice or used a professional title without a required credential. If, after holding a hearing, DSPS determines that the person does not have the appropriate credential, DSPS may issue a special order prohibiting the person from continuing the practice or using the title. DSPS may issue a temporary restraining order in lieu of holding a hearing if DSPS has reason to believe that the person has engaged in a practice or used a title without a required credential. If a person against whom a special order has been issued violates that order, the person is subject to forfeitures. If a person against whom a temporary restraining order has been issued violates that order, the person is subject to fines or imprisonment or both.

Current law also authorizes certain boards, affiliated credentialing boards, and examining boards attached to DSPS, including the Board of Nursing, the Podiatry Affiliated Credentialing Board, and the Medical Examining Board, to fine or imprison, or both, persons who violate laws or regulations applicable to the professions regulated by those boards.

This bill clarifies that the authority granted to DSPS to impose fines or forfeitures against or imprison a person who has engaged in a practice or used a title without holding the appropriate credential is separate from and in addition to the authority granted to the various boards to enforce the laws and regulations applicable to the professions regulated by those boards.

Currently, DSPS requires by rule that a person who holds a credential issued by DSPS send a notice to DSPS within 48 hours of his or her conviction of a crime.

This bill places that requirement in the statutes.

Under current law, the Medical Examining Board may refuse to accept a person's voluntary surrender of his or her license if the board has received allegations of unprofessional conduct by the person.

This bill allows a person to voluntarily surrender his or her occupational license, permit, or certificate of certification or registration, but allows the licensing agency to refuse to accept that surrender if the agency has received a complaint against the person or has commenced disciplinary proceedings against the person.

Under current law, the Pharmacy Examining Board may grant a variance from a law or rule applicable to pharmacists or the practice of pharmacy if each of the following conditions is satisfied: 1) the Pharmacy Examining Board determines that a natural or man-made disaster or emergency exists or has occurred; 2) a pharmacist has requested the variance; and 3) the Pharmacy Examining Board determines that the variance is necessary to protect the public health, safety, or welfare. This bill adds as another condition that the law or rule either permits a variance or requires approval from the Pharmacy Examining Board prior to obtaining a variance.

Current law requires every wholesale distributor of a prescription drug to obtain a license from the Pharmacy Examining Board. This law applies to wholesale distributors of oxygen. This bill exempts wholesale distributors of oxygen from the requirement to obtain a license from the Pharmacy Examining Board.

Under current law, the Hearing and Speech Examining Board may promulgate rules governing hearing instrument specialists, but not speech-language pathologists or audiologists. This bill permits the Hearing and Speech Examining Board to promulgate rules governing speech-language pathologists and audiologists.

Current law, as affected by 2005 Wisconsin Act 334, requires an applicant to complete two years of postgraduate podiatrist training to be eligible for licensure as a podiatrist. Prior to that act, one year of postgraduate podiatrist training was required. The act first applied to persons submitting applications on June 1, 2010, but did not specify the treatment of those who had completed the one-year training requirement before that date.

This bill clarifies that an applicant who completed one year of postgraduate training in a program approved by the Podiatrist Affiliated Credentialing Board by June 1, 2010, is eligible for licensure as a podiatrist.

Under current law, members of the Respiratory Care Practitioners Examining Council, which serves the Medical Examining Board in an advisory capacity, may serve no more than two consecutive three-year terms. This bill eliminates the two-term limit.