AB163: Bill Text

AB163,68,3 101.935 (2) (e) Section 254.69 (2), as it applies to an agent for the department of health services in the administration of s. 254.47, applies to an agent for the department of safety and professional services in the administration of this section.

AB163,281 Section 281. 101.951 (7) (a) of the statutes is amended to read:

AB163,68,12 101.951 (7) (a) The department of safety and professional services may, without notice, deny the application for a license within 60 days after receipt thereof by written notice to the applicant, stating the grounds for the denial. Within 30 days after such notice, the applicant may petition the department of administration to conduct a hearing to review the denial, and 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).

AB163,282 Section 282. 101.951 (7) (b) of the statutes is amended to read:

AB163,69,2 101.951 (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 license shall not be effective until after 10 days' written notice thereof to the licensee, after such 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 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).

AB163,283 Section 283. 101.951 (7) (c) of the statutes is amended to read:

AB163,69,8 101.951 (7) (c) The department of safety and professional services may inspect the pertinent books, records, letters and contracts of a licensee. The actual cost of each such examination shall be paid by such licensee so examined within 30 days after demand therefor by the department, and the department may maintain an action for the recovery of such costs in any court of competent jurisdiction.

AB163,284 Section 284. 101.953 (1) (a) of the statutes is amended to read:

AB163,69,13 101.953 (1) (a) A statement that the manufactured home meets those standards prescribed by law or administrative rule of the department of administration or of the department of safety and professional services that are in effect at the time of the manufacture of the manufactured home.

AB163,285 Section 285. 101.973 (8) of the statutes is amended to read:

AB163,69,16 101.973 (8) Deposit the moneys received from the fees under sub. (7) in the appropriation under s. 20.165 (2) 20.142 (4) (j).

AB163,286 Section 286. 107.30 (10) of the statutes is amended to read:

AB163,69,19 107.30 (10) "Mining damage appropriation" means the appropriation under s. 20.165 (2) 20.142 (4) (a).

AB163,287 Section 287. 107.31 (5) (a) (intro.) of the statutes is amended to read:

AB163,69,24 107.31 (5) (a) Calculation. (intro.) The mining damage reserve accumulation is calculated by subtracting the total amount of all mining damages awards paid from the appropriation under s. 20.445 (4) (a), 2001 stats., beginning on May 22, 1980 or paid from the appropriation under s. 20.165 (2) 20.142 (4) (a) from the sum of:

AB163,288 Section 288. 108.227 (1) (e) 3. of the statutes is amended to read:

AB163,70,6 108.227 (1) (e) 3. A license, certificate of approval, provisional license, conditional license, certification, certification card, registration, permit, training permit or approval specified in s. 50.35, 50.49 (6) (a) or (10), 51.038, 51.04, 51.42 (7) (b) 11., 51.421 (3) (a), 51.45 (8), 146.40 (3), (3g), or (3m), 252.23 (2), 252.24 (2), 254.176, 254.20 (3), 255.08 (2) (a), 256.15 (5) (a) or (b), (6g) (a), (7), or (8) (a) or (f) or 343.305 (6) (a) or a permit for operation of a campground specified in s. 254.47 (1).

AB163,289 Section 289. 108.227 (1) (e) 6. of the statutes is amended to read:

AB163,70,11 108.227 (1) (e) 6. A license or certificate of registration issued by the department of financial institutions, or a division of it, under ss. 138.09, 138.12, 138.14, 202.12 to 202.14, 202.22, 217.06, 218.0101 to 218.0163, 218.02, 218.04, 218.05, 224.72, 224.725, 224.93 or under subch. IV of ch. 551.

AB163,290 Section 290. 108.227 (1) (f) of the statutes is amended to read:

AB163,70,20 108.227 (1) (f) "Licensing department" means the department of administration; the department of agriculture, trade and consumer protection; the board of commissioners of public lands; the department of children and families; the government accountability board; the department of financial institutions and professional standards; the department of health services; the department of natural resources; the department of public instruction; the department of revenue; the department of safety and professional services; the office of the commissioner of insurance; or the department of transportation.

AB163,291 Section 291. 111.335 (1) (cx) of the statutes is amended to read:

AB163,70,25 111.335 (1) (cx) Notwithstanding s. 111.322, it is not employment discrimination because of conviction record to refuse to employ or license, or to bar or terminate from employment or licensure, any individual who has been convicted of any offense under s. 38.50 100.67 (13) (c).

AB163,292 Section 292. 112.07 (1) of the statutes is amended to read:

AB163,72,3 112.07 (1) Notwithstanding any other provision of the statutes, any fiduciary, as defined in s. 112.01 (1) (b), who is holding securities in a fiduciary capacity, any bank or trust company holding securities as a custodian or managing agent, and any bank or trust company holding securities as custodian for a fiduciary may deposit or arrange for the deposit of such securities in a clearing corporation as defined in s. 408.102 (1) (e). When the securities are so deposited, certificates representing securities of the same class of the same issuer may be merged and held in bulk in the name of the nominee of the clearing corporation with any other such securities deposited in that clearing corporation by any person regardless of the ownership of the securities, and certificates of small denomination may be merged into one or more certificates of larger denomination. The records of the fiduciary and the records of the bank or trust company acting as custodian, as managing agent or as custodian for a fiduciary shall at all times show the name of the party for whose account the securities are so deposited. Ownership of, and other interests in, the securities may be transferred by bookkeeping entry on the books of the clearing corporation without physical delivery of certificates representing the securities. A bank or trust company which deposits securities pursuant to this section shall be subject to such rules and regulations as, in the case of state chartered institutions, the division of banking department of financial institutions and professional standards and, in the case of national banking associations, the comptroller of the currency may from time to time issue. A bank or trust company acting as custodian for a fiduciary shall, on demand by the fiduciary, certify in writing to the fiduciary the securities deposited by the bank or trust company in a clearing corporation pursuant to this section for the account of the fiduciary. A fiduciary shall, on demand by any party to a judicial proceeding for the settlement of the fiduciary's account or on demand by the attorney for such a party, certify in writing to the party the securities deposited by the fiduciary in the clearing corporation for its account as such fiduciary.

AB163,293 Section 293. 119.495 (2) of the statutes is amended to read:

AB163,72,13 119.495 (2) The board shall include in its budget transmitted to the common council under s. 119.16 (8) (b) a written notice specifying the amount of borrowing to be authorized in the budget for the ensuing year. The common council shall issue the notes and levy a direct annual irrepealable tax sufficient to pay the principal and interest on the notes as they become due. The common council may issue the notes by private sale. The common council shall make every effort to involve a minority investment firm certified under s. 16.287 203.07 as managing underwriter of the notes or to engage a minority financial adviser certified under s. 16.287 203.07 to advise the city regarding any public sale of the notes.

AB163,294 Section 294. 119.496 (2) of the statutes is amended to read:

AB163,72,24 119.496 (2) The board shall include in its budget transmitted to the common council under s. 119.16 (8) (b) a written notice specifying the amount of borrowing to be authorized in the budget for the ensuing year. The common council shall issue the notes and levy a direct annual irrepealable tax sufficient to pay the principal and interest on the notes as they become due. The common council may issue the notes by private sale. The common council shall establish goals of involving minority investment firms certified under s. 16.287 203.07 as managing underwriters for at least 50% of the total amount financed by the notes and of engaging a minority financial adviser certified under s. 16.287 203.07 to advise the city regarding any public sale of the notes.

AB163,295 Section 295. 125.04 (5) (a) 5. of the statutes is amended to read:

AB163,73,9 125.04 (5) (a) 5. Have successfully completed within the 2 years prior to the date of application a responsible beverage server training course at any location that is offered by a technical college district and that conforms to curriculum guidelines specified by the technical college system board or a comparable training course that is approved by the department or the educational approval board. This subdivision does not apply to an applicant who held, or who was an agent appointed and approved under sub. (6) of a corporation or limited liability company that held, within the past 2 years, a Class "A", "Class A" or "Class C" license or a Class "B" or "Class B" license or permit or a manager's or operator's license.

AB163,296 Section 296. 125.17 (6) (a) (intro.) of the statutes is amended to read:

AB163,73,18 125.17 (6) (a) (intro.) Except as provided in par. (b), no municipal governing body may issue an operator's license unless the applicant has successfully completed a responsible beverage server training course at any location that is offered by a technical college district and that conforms to curriculum guidelines specified by the technical college system board or a comparable training course, which may include computer-based training and testing, that is approved by the department or the educational approval board, or unless the applicant fulfills one of the following requirements:

AB163,297 Section 297. 134.66 (2m) (b) of the statutes is amended to read:

AB163,74,10 134.66 (2m) (b) Paragraph (a) does not apply to an agent, employee, or independent contractor who has received the training described in par. (a) as part of a responsible beverage server training course or a comparable training course, as described in s. 125.04 (5) (a) 5., that was successfully completed by the agent, employee, or independent contractor. The department of health services shall make the training program developed or approved by that department under par. (a) available to the technical college system board, and that board shall include that training program or a comparable training program approved by that department in the curriculum guidelines specified by that board under s. 125.04 (5) (a) 5. The department of health services shall also make the training program developed or approved by that department under par. (a) available to any provider of a comparable training course, as described in s. 125.04 (5) (a) 5., on request, and the department of revenue or the educational approval board may approve a comparable training course under s. 125.04 (5) (a) 5. only if that training course includes the training program developed or approved by the department of health services under par. (a) or a comparable training program approved by that department.

AB163,298 Section 298. 138.055 (4) (d) of the statutes is amended to read:

AB163,74,13 138.055 (4) (d) The division of banking department of financial institutions and professional standards for all other lenders.

AB163,299 Section 299. 138.056 (1) (a) 4. d. of the statutes is amended to read:

AB163,74,16 138.056 (1) (a) 4. d. The division of banking department of financial institutions and professional standards for all other lenders.

AB163,300 Section 300. 138.09 (1d) of the statutes is amended to read:

AB163,74,19 138.09 (1d) In this section, "division" "department" means the division of banking department of financial institutions and professional standards.

AB163,301 Section 301. 138.12 (1) (a) of the statutes is repealed.

AB163,302 Section 302. 138.12 (1) (am) of the statutes is created to read:

AB163,74,23 138.12 (1) (am) "Department" means the department of financial institutions and professional standards.

AB163,303 Section 303. 138.14 (1) (f) of the statutes is repealed.

AB163,304 Section 304. 138.14 (9r) (f) of the statutes is amended to read:

AB163,75,6 138.14 (9r) (f) The division department shall make copies of the informational materials under par. (a) available, upon request, to licensees and to the public, including making these informational materials available on the department's Internet site of the department of financial institutions. The division department may charge licensees a reasonable fee for printed copies of informational materials supplied under this paragraph.

AB163,305 Section 305. 138.16 (1) (a) of the statutes is amended to read:

AB163,75,9 138.16 (1) (a) "Division" Department means the division of banking attached to the department of financial institutions and professional standards.

AB163,306 Section 306. 145.01 (4m) of the statutes is renumbered 145.01 (4m) (intro.) and amended to read:

AB163,75,15 145.01 (4m) Failing private on-site wastewater treatment system. (intro.) "Failing private on-site wastewater treatment system" has the meaning specified under s. 145.245 (4). means a private on-site wastewater treatment system that causes or results in any of the following conditions:

AB163,307 Section 307. 145.01 (4m) (a) of the statutes is created to read:

AB163,75,17 145.01 (4m) (a) The discharge of sewage into surface water or groundwater.

AB163,308 Section 308. 145.01 (4m) (b) of the statutes is created to read:

AB163,75,20 145.01 (4m) (b) The introduction of sewage into zones of saturation which adversely affects the operation of a private on-site wastewater treatment system.

AB163,309 Section 309. 145.01 (4m) (c) of the statutes is created to read:

AB163,75,22 145.01 (4m) (c) The discharge of sewage to a drain tile or into zones of bedrock.

AB163,310 Section 310. 145.01 (4m) (d) of the statutes is created to read:

AB163,75,24 145.01 (4m) (d) The discharge of sewage to the surface of the ground.

AB163,311 Section 311. 145.01 (4m) (e) of the statutes is created to read:

AB163,76,2 145.01 (4m) (e) The failure to accept sewage discharges and backup of sewage into the structure served by the private on-site wastewater treatment system.

AB163,312 Section 312. 145.01 (12) of the statutes is amended to read:

AB163,76,12 145.01 (12) Private on-site wastewater treatment system. "Private on-site wastewater treatment system" means a sewage treatment and disposal system serving a single structure with a septic tank and soil absorption field located on the same parcel as the structure. This term also means an alternative sewage system approved by the department of natural resources including a substitute for the septic tank or soil absorption field, a holding tank, a system serving more than one structure or a system located on a different parcel than the structure. A private on-site wastewater treatment system may be owned by the property owner or by a special purpose district.

AB163,313 Section 313. 145.02 (title) of the statutes is amended to read:

AB163,76,15 145.02 (title) Powers of the department of financial institutions and professional standards and the department of natural resources.

AB163,314 Section 314. 145.02 (2) of the statutes is amended to read:

AB163,76,24 145.02 (2) The Except as provided in sub. (2m), the department shall have general supervision of all such plumbing and shall after public hearing prescribe and publish and enforce reasonable standards therefor which shall be uniform and of statewide concern so far as practicable. Any employee designated by the department may act for the department in holding such public hearing. 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.

AB163,315 Section 315. 145.02 (2m) of the statutes is created to read:

AB163,77,5 145.02 (2m) The department of natural resources shall have general supervision of private on-site wastewater treatment systems and shall have the powers described under s. 281.48 with respect to those systems. The department shall promulgate rules establishing standards for private on-site wastewater treatment systems.

AB163,316 Section 316. 145.02 (4) (a) of the statutes is amended to read:

AB163,77,12 145.02 (4) (a) The department shall prescribe rules as to the qualifications, examination and licensing of master and journeyman plumbers and restricted plumber licensees, for the licensing of utility contractors, for the registration of plumbing apprentices and pipe layers and for the registration and training of registered learners. The plumbers council, created under s. 15.407 15.177 (16), shall advise the department in formulating the rules.

AB163,317 Section 317. 145.045 (1) of the statutes is amended to read:

AB163,77,22 145.045 (1) Powers and duties. The department shall by rule establish an examining program for the certification of soil testers, setting such standards as the department finds necessary to accomplish the purposes of this chapter. Such standards shall include formal written examinations for all applicants. The department shall charge applicants for the cost of examination and certification. After July 1, 1974, no person may construct soil bore holes or conduct soil percolation tests or other similar tests specified by the department of natural resources that relate to private on-site wastewater treatment systems unless the person holds a valid certificate issued under this section.

AB163,318 Section 318. 145.045 (3) of the statutes is amended to read:

AB163,78,3 145.045 (3) Plumbers and septic tank installers. 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 of financial institutions and professional standards, the department of natural resources, or the governmental unit responsible for the regulation of private on-site wastewater treatment systems.

AB163,319 Section 319. 145.17 (2) of the statutes is amended to read:

AB163,78,10 145.17 (2) The department shall prescribe rules as to the qualifications, examination and licensing of journeymen automatic fire sprinkler system fitters and automatic fire sprinkler contractors and for the registration and training of automatic fire sprinkler system apprentices. The automatic fire sprinkler system contractors and journeymen council, created under s. 15.407 15.177 (17), shall advise the department in formulating the rules.

AB163,320 Section 320. 145.19 (1b) of the statutes is amended to read:

AB163,78,15 145.19 (1b) Definition. In this section, "sanitary permit" means a permit authorizing the installation of a private on-site wastewater treatment system that is issued by the department of natural resources or any governmental unit responsible for the regulation of private on-site wastewater treatment systems.

AB163,321 Section 321. 145.19 (1m) of the statutes is amended to read:

AB163,78,22 145.19 (1m) Application process. The department of natural resources shall prescribe the information to be included in an application for a sanitary permit. The applicant shall submit the completed application for a sanitary permit to the governmental unit. The governmental unit shall approve or disapprove the sanitary permit according to the rules promulgated by the department of natural resources under this chapter.

AB163,322 Section 322. 145.19 (2) of the statutes is amended to read:

AB163,79,5 145.19 (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.

AB163,323 Section 323. 145.19 (3) of the statutes is amended to read:

AB163,79,16 145.19 (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.

AB163,324 Section 324. 145.19 (6) of the statutes is amended to read:

AB163,79,23 145.19 (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.

AB163,325 Section 325. 145.19 (6m) of the statutes is created to read:

AB163,80,3 145.19 (6m) Amounts deposited in the environmental fund. All moneys collected by the department under this section shall be deposited in the environmental fund for environmental management.