SB119: Bill Text

SB119,80,12 145.20 (2) (g) Perform other duties regarding private on-site wastewater treatment systems as considered appropriate by the governmental unit responsible for the regulation of private on-site wastewater treatment systems or as required by the rules of the department of natural resources.

SB119,328 Section 328. 145.20 (3) (title) of the statutes is amended to read:

SB119,80,14 145.20 (3) (title) Department of natural resources responsibilities.

SB119,329 Section 329. 145.20 (3) (a) 1. of the statutes is amended to read:

SB119,80,20 145.20 (3) (a) 1. The department of natural resources may specify categories of private on-site wastewater treatment systems for which approval by the department of natural resources is required prior to issuance of sanitary permits by the governmental unit responsible for the regulation of private on-site wastewater treatment systems.

SB119,330 Section 330. 145.20 (3) (a) 2. of the statutes is amended to read:

SB119,81,13 145.20 (3) (a) 2. The department of natural resources may exempt a governmental unit from any category of private on-site wastewater treatment systems for which departmental approval by the department of natural resources is required prior to sanitary permit issuance under subd. 1., upon a determination, in accordance with rules promulgated by the department of natural resources, that past performance of the governmental unit on reviews and audits under par. (b) has been satisfactory and that the governmental unit has the capacity to give the same level of application and plan review as that provided by the department of natural resources. The department of natural resources may revoke an exemption upon a finding that performance of the governmental unit on a review or audit conducted subsequent to the granting of the exemption is unsatisfactory or that the governmental unit is not giving the same level of application and plan review as that provided by the department of natural resources. Findings in a revocation action may be made only after a public hearing upon 30 days' advance notice to the clerk of the governmental unit. The department of natural resources shall submit a report under s.13.172 (2) to the chief clerk of each house of the legislature, at the beginning of each legislative session, describing the exemptions under this subdivision.

SB119,331 Section 331. 145.20 (3) (b) of the statutes is amended to read:

SB119,81,20 145.20 (3) (b) The department of natural resources shall review the private on-site wastewater treatment system program in each governmental unit responsible for the regulation of private on-site wastewater treatment systems to ascertain compliance with sub. (2) and with regulations issued by the department of natural resources. This review shall include a random audit of sanitary permits, including verification by on-site inspection.

SB119,332 Section 332. 145.20 (3) (c) of the statutes is amended to read:

SB119,82,9 145.20 (3) (c) If the governing body for a governmental unit responsible for the regulation of private on-site wastewater treatment systems does not adopt a private on-site wastewater treatment system ordinance meeting the requirements of s. 59.70 (5) or if the governmental unit does not appoint personnel meeting the requirements of sub. (1) or if the governmental unit does not comply with the requirements of sub. (2) or s. 145.19 (3), the department of natural resources may conduct hearings in the county seat upon 30 days' notice to the county clerk. As soon as practicable after the public hearing, the department of natural resources shall issue a written decision regarding compliance with s. 59.70 (5) or 145.19 (3) or sub. (1) or (2). If the department of natural resources determines that there is a violation of these provisions, the governmental unit may not issue a sanitary permit for the installation of a private on-site wastewater treatment system until the violation is corrected.

SB119,333 Section 333. 145.20 (3) (d) of the statutes is amended to read:

SB119,82,19 145.20 (3) (d) The department of natural resources shall conduct training and informational programs for officials of the governmental unit responsible for the regulation of private on-site wastewater treatment systems and employees and persons licensed under this chapter and s. 281.48 and certified as operators of septage servicing vehicles under s. 281.17 (3) to improve the delivery of service under the private on-site wastewater treatment system program. The department of natural resources shall obtain the assistance of the Wisconsin counties association, and may consult with the department of financial institutions and professional standards, in planning and conducting the training and informational programs.

SB119,334 Section 334. 145.20 (5) (a) of the statutes is amended to read:

SB119,83,10 145.20 (5) (a) The department of natural resources shall establish a maintenance program to be administered by governmental units responsible for the regulation of private on-site wastewater treatment systems. The department of natural resources shall determine the private on-site wastewater treatment systems to which the maintenance program applies. At a minimum the maintenance program is applicable to all new or replacement private on-site wastewater treatment systems constructed in a governmental unit after the date on which the governmental unit adopts this program. The department of natural resources may apply the maintenance program by rule to private on-site wastewater treatment systems constructed in a governmental unit responsible for the regulation of private on-site wastewater treatment systems on or before the date on which the governmental unit adopts the program. The department shall determine the private on-site wastewater treatment systems to which the maintenance program applies in governmental units that do not meet the conditions for eligibility under s. 145.245 (9).

SB119,335 Section 335. 145.20 (5) (am) of the statutes is amended to read:

SB119,83,19 145.20 (5) (am) Each governmental unit responsible for the regulation of private on-site wastewater treatment systems shall adopt and begin the administration of the program established under par. (a) before October 1, 2019. As part of adopting and administering the program, the governmental unit shall conduct and maintain an inventory of all the private on-site wastewater treatment systems located in the governmental unit and shall complete the initial inventory before October 1, 2017. In order to be eligible for grant funding under s. 145.245, a governmental unit must comply with these deadlines.

SB119,336 Section 336. 145.20 (5) (b) of the statutes is amended to read:

SB119,84,8 145.20 (5) (b) The maintenance program shall include a requirement of inspection or pumping of the private on-site wastewater treatment system at least once every 3 years if the private on-site wastewater treatment system does not have a maintenance plan as prescribed by rule by the department of natural resources. Inspections may be conducted by a master plumber, journeyman plumber or restricted plumber licensed under this chapter, a person licensed under s. 281.48 or by an employee of the state or governmental unit designated by the department of natural resources, and the department of natural resources may determine by rule other persons who are qualified to undertake required inspection, maintenance, or repairs. The department of natural resources shall specify the methods to establish the required frequency of inspection, maintenance, and pumping for each type of private on-site wastewater treatment system that does not have a maintenance plan and shall periodically update the methods.

SB119,337 Section 337. 145.20 (5) (c) of the statutes is amended to read:

SB119,84,16 145.20 (5) (c) The department of natural resources may suspend or revoke a license issued under s. 281.48 or a certificate issued under s. 281.17 (3) to the operator of a septage servicing vehicle if the department of natural resources finds that the licensee or operator falsified information on inspection forms. The department of safety and professional services may suspend or revoke the license of a plumber licensed under this chapter if the department finds that the plumber falsified information on inspection forms.

SB119,338 Section 338. 145.20 (7) of the statutes is created to read:

SB119,84,20 145.20 (7) Amounts deposited in the environmental fund. All moneys collected by the department under rules promulgated under this section shall be deposited in the environmental fund for environmental management.

SB119,339 Section 339. 145.23 of the statutes is amended to read:

SB119,85,2 145.23 Rules. The department of natural resources may make and enforce rules relating to lot size and lot elevation necessary for proper sanitary conditions in the development and maintenance of subdivisions not served by a public sewer, where provision for such service has not been made. The department of natural resources may consult with the department of financial institutions and professional standards in promulgating rules under this section.

SB119,340 Section 340. 145.24 (1) of the statutes is amended to read:

SB119,85,8 145.24 (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 of natural resources for a variance to the siting or design standards.

SB119,341 Section 341. 145.24 (2) of the statutes is amended to read:

SB119,85,12 145.24 (2) The department of natural resources shall establish procedures for the review and evaluation of existing private on-site wastewater treatment systems which do not comply with siting or design standards.

SB119,342 Section 342. 145.24 (3) of the statutes is amended to read:

SB119,85,25 145.24 (3) Upon receipt of a petition for a variance, the department of natural resources shall require the owner of the private on-site wastewater treatment system to submit information necessary to evaluate the request for a variance. If the department of natural resources determines that the existing private on-site wastewater treatment system is not a failing private on-site wastewater treatment system, and continued use of the existing private on-site wastewater treatment system will not pose a threat of contamination of waters of the state, then the department of natural resources may issue a variance to allow continued use of the existing private on-site wastewater treatment system. The department of natural resources shall rescind the variance if the existing private on-site wastewater treatment system becomes a failing private on-site wastewater treatment system or contaminates waters of the state.

SB119,343 Section 343. 145.245 of the statutes is repealed.

SB119,344 Section 344. 157.061 (2g) of the statutes is amended to read:

SB119,86,4 157.061 (2g) "Cemetery board" means the board created in s. 15.405 15.175 (3m).

SB119,345 Section 345. 157.062 (1) of the statutes is amended to read:

SB119,86,15 157.062 (1) Organization. Seven or more residents of the same county may form a cemetery association. They shall meet, select a chairperson and secretary, choose a name, fix the annual meeting date, and elect by ballot not less than 3 nor more than 9 trustees whom the chairperson and secretary shall immediately divide by lot into 3 classes, who shall hold their offices for 1, 2, and 3 years, respectively. Within 3 days, the chairperson and secretary shall certify the corporate name, the names, home addresses and business addresses of the organizers and of the trustees, and their classification, and the annual meeting date acknowledged by them, and, except as provided in sub. (9), deliver the certification to the department of financial institutions. The association then has the powers of a corporation.

SB119,346 Section 346. 157.062 (2) of the statutes is amended to read:

SB119,86,22 157.062 (2) Amendments. The association may change its name, the number of trustees or the annual meeting date by resolution at an annual meeting, or special meeting called for such purpose, by a majority vote of the members present, and, except as provided in sub. (9), by delivering to the department of financial institutions a copy of the resolution, with the date of adoption, certified by the president and secretary or corresponding officers.

SB119,347 Section 347. 157.062 (6) (b) of the statutes is amended to read:

SB119,87,13 157.062 (6) (b) If an association that has been dissolved under par. (a), or any group that was never properly organized as a cemetery association, has cemetery grounds and human remains are buried in the cemetery grounds, 5 or more members, or persons interested as determined by order of the circuit judge under par. (c), may publish a class 3 notice, under ch. 985, in the municipality in which the cemetery is located, of the time, place, and object of the meeting, assemble and reorganize by the election of trustees and divide them into classes as provided in sub. (1), the commencement of the terms to be computed from the next annual meeting date. The secretary shall enter the proceedings of the meeting on the records. The association is reorganized upon delivery of a copy of the proceedings to the department of financial institutions, except as provided in sub. (9). Upon reorganization, the title to the cemetery grounds, trust funds, and all other property of the association or group vests in the reorganized association, under the control of the trustees. The reorganized association may continue the name of the dissolved association or may adopt a new name.

SB119,348 Section 348. 157.062 (6m) of the statutes is amended to read:

SB119,87,16 157.062 (6m) Forms. The department of financial institutions may prescribe and furnish forms for providing the information required under subs. (1) to (6).

SB119,349 Section 349. 157.062 (9) of the statutes is amended to read:

SB119,87,23 157.062 (9) Exemptions for certain cemeteries. In lieu of delivering a certification, resolution, or copy of proceedings to the department of financial institutions under sub. (1), (2), or (6) (b), a cemetery association that is not required to be licensed under s. 440.91 (1) or registered under s. 440.91 (1m) shall deliver the certification, resolution, or copy of proceedings to the office of the register of deeds of the county in which the cemetery is located.

SB119,350 Section 350. 157.064 (7) of the statutes is amended to read:

SB119,88,5 157.064 (7) Not more than 30 days after a transfer under sub. (6), the transferring association shall notify the department of financial institutions in writing of the transfer, including the name and address of the accepting association or its treasurer. The department of financial institutions may prescribe and furnish forms for providing the information required under this subsection.

SB119,351 Section 351. 157.11 (9m) of the statutes is amended to read:

SB119,88,10 157.11 (9m) Action by district attorney. If any money or property is not turned over when required by this section, or default occurs under a bond, the district attorney, upon the request of the department of safety and professional services, shall bring action to recover.

SB119,352 Section 352. 157.12 (3) (b) of the statutes is amended to read:

SB119,88,21 157.12 (3) (b) The cemetery's treasurer is the custodian of the fund. The treasurer shall file with the cemetery, at the cemetery's expense, a bond with sureties approved by the department of safety and professional services to indemnify the cemetery against loss if the treasurer fails to maintain the fund. No indemnity is required if the terms of sale of a mausoleum space require the purchaser to pay directly to a trust company in the state, designated by the cemetery as custodian of the fund. The fund shall be invested as provided in s. 157.19. Income from investment may be used only to maintain the mausoleum, except that if the amount of income exceeds the amount necessary to properly maintain the mausoleum the excess amount may be used to maintain any portion of the cemetery.

SB119,353 Section 353. 157.62 (1) (a) (intro.) of the statutes is amended to read:

SB119,89,3 157.62 (1) (a) (intro.) Except as provided in par. (b) and s. 157.625, every cemetery association shall file an annual report with the department of financial institutions. The report shall be made on a calendar-year basis unless the department of financial institutions, by rule, provides for other reporting periods. The report is due on the 60th day after the last day of the reporting period. The annual report shall include all of the following:

SB119,354 Section 354. 157.62 (1) (c) of the statutes is amended to read:

SB119,89,9 157.62 (1) (c) The department of financial institutions may prescribe and furnish forms for reports required under this subsection. If the department of financial institutions prescribes forms under this paragraph, the department of financial institutions shall mail the forms to cemetery associations required to file under par. (a) no later than 60 days before the reports are due.

SB119,355 Section 355. 157.65 (1) (a) of the statutes is amended to read:

SB119,89,15 157.65 (1) (a) If the department of safety and professional services has reason to believe that any person is violating or has violated this subchapter or any rule promulgated under this subchapter and that the continuation of that activity might cause injury to the public interest, the department of safety and professional services may investigate.

SB119,356 Section 356. 157.65 (1) (b) of the statutes is amended to read:

SB119,89,20 157.65 (1) (b) If the department of safety and professional services has reason to believe that any person is violating s. 157.12 or any rule promulgated under s. 157.12 and that the continuation of that activity might cause injury to the public interest, the department of safety and professional services may investigate.

SB119,357 Section 357. 157.65 (2) of the statutes is amended to read:

SB119,90,7 157.65 (2) The department of justice or any district attorney, upon informing the department of justice, may commence an action in circuit court in the name of the state to restrain by temporary or permanent injunction any violation of this subchapter. The court may, prior to entry of final judgment, make such orders or judgments as may be necessary to restore to any person any pecuniary loss suffered because of the acts or practices involved in the action, if proof of such loss is submitted to the satisfaction of the court. The department of justice may subpoena persons and require the production of books and other documents, and may request the board described in s. 15.405 15.175 (3m) or the department of safety and professional services to exercise its authority under sub. (1) to aid in the investigation of alleged violations of this subchapter.

SB119,358 Section 358. 165.825 of the statutes is amended to read:

SB119,90,12 165.825 Information link. The department of justice shall cooperate with the departments of safety and professional services, health services, and financial institutions and professional standards in developing and maintaining a computer linkup to provide access to the information obtained from a criminal history search.

SB119,359 Section 359. 167.35 (7) (b) of the statutes is amended to read:

SB119,90,18 167.35 (7) (b) The department of revenue, in the course of conducting any inspection or examination authorized under s. 139.39, may inspect cigarettes to determine if the cigarettes are marked as provided under sub. (4), and the department of revenue shall notify the department of safety and professional services of any unmarked cigarettes.

SB119,360 Section 360. 167.35 (7) (c) of the statutes is amended to read:

SB119,91,2 167.35 (7) (c) Authorized personnel from the department of justice, from the department of safety and professional services, and from the department of revenue, and any sheriff, police officer, or other law enforcement personnel, within their respective jurisdictions, may enter and inspect any premises where cigarettes are made, sold, offered for sale, or stored to determine if the cigarettes comply with this section. An inspection under this paragraph includes examining the books, papers, invoices, and other records of any person who is subject to this section and who is in control, possession, or occupancy of the premises.

SB119,361 Section 361. 169.01 (35) (a) of the statutes is amended to read:

SB119,91,6 169.01 (35) (a) A veterinarian who is licensed in this state to practice veterinary medicine under ch. 453 89 and who is certified under rules promulgated by the department of agriculture, trade and consumer protection.

SB119,362 Section 362. 173.05 (1) (b) of the statutes is amended to read:

SB119,91,11 173.05 (1) (b) A person to whom par. (a) applies who is a veterinarian licensed under ch. 453 89 is not required to complete a course of training approved by the department if he or she takes an examination given by the department and passes the examination on the first attempt.

SB119,363 Section 363. 173.41 (2) (e) of the statutes is amended to read:

SB119,91,15 173.41 (2) (e) A veterinarian licensed under ch. 453 89 practicing in the normal course of veterinary business within the scope of the license is not required to obtain a license under this subsection.

SB119,364 Section 364. 173.41 (12) (a) 4. of the statutes is amended to read:

SB119,91,21 173.41 (12) (a) 4. If persons sell or offer to sell dogs at the temporary dog market for 2 or more consecutive days, employ or contract with a veterinarian licensed under ch. 453 89 to conduct an examination of the dogs offered for sale at the temporary dog market on each day on which dogs are offered for sale and to review the information provided under par. (b).

SB119,365 Section 365. 177.30 (2) of the statutes is amended to read:

SB119,92,5 177.30 (2) The administrator, at reasonable times and upon reasonable notice, may examine the records of any person to determine whether the person has complied with this chapter. The administrator may designate the division of banking department of financial institutions and professional standards or other appropriate regulatory authority to examine the records of regulated institutions to determine if the institutions have complied with this chapter. The administrator may conduct the examination even if the person believes it is not in possession of any property reportable or deliverable under this chapter.

SB119,366 Section 366. 182.028 of the statutes is amended to read:

SB119,92,19 182.028 School corporations. Any corporation formed for the establishment and maintenance of schools, academies, seminaries, colleges or universities or for the cultivation and practice of music shall have power to enact bylaws for the protection of its property, and provide fines as liquidated damages upon its members and patrons for violating the bylaws, and may collect the same in tort actions, and to prescribe and regulate the courses of instruction therein, and to confer such degrees and grant such diplomas as are usually conferred by similar institutions or as shall be appropriate to the courses of instruction prescribed, except that no corporation shall operate or advertise a school that is subject to s. 38.50 (10) without complying with the requirements of s. 38.50. Any stockholder may transfer his or her stock to the corporation for its use; and if the written transfer so provides the stock shall be perpetually held by the board of directors with all the rights of a stockholder, including the right to vote.

SB119,367 Section 367. 186.098 (12) of the statutes is amended to read:

SB119,93,4 186.098 (12) Loans to members. A credit union may make loans to members secured by assignment or transfer of stock certificates or other evidence of the borrower's ownership interest in a corporation formed for the cooperative ownership of real estate. Sections 846.10 and 846.101, as they apply to a foreclosure of a mortgage involving a one-family residence, apply to a proceeding to enforce the lender's rights in security given for a loan under this subsection. The office of credit unions shall promulgate joint rules with the division of banking department of financial institutions and professional standards that establish procedures for enforcing a lender's rights in security given for a loan under this subsection.

SB119,368 Section 368. 186.235 (15) (b) of the statutes is amended to read:

SB119,93,12 186.235 (15) (b) Witness fees shall be the same as fees under s. 814.67 (1) (b) and (c). The fees of witnesses who are called by the office in the interests of the state shall be paid by the state upon presentation of proper vouchers approved by the office of credit unions and charged to the appropriation under s. 20.144 (1) 20.142 (2) (g). A witness subpoenaed by the office at the instance of a party other than the office shall not be entitled to payment of fees by the state unless the office certifies that the testimony was material to the purpose for which the subpoena was issued.

SB119,369 Section 369. 186.314 (2m) (e) of the statutes is amended to read:

SB119,93,21 186.314 (2m) (e) Upon approval by the credit union members of the proposition for conversion under par. (c), the credit union shall take all necessary action under ch. 214 or 221 to complete the conversion to a savings bank or state bank. Within 90 days after receipt from the division of banking department of financial institutions and professional standards of a certificate of incorporation as a savings bank or state bank, the credit union shall file a copy of the certificate with the office of credit unions and the office of credit unions shall issue to a converting credit union a certificate of conversion to a savings bank or state bank.

SB119,370 Section 370. 200.49 (1) (b) of the statutes is amended to read:

SB119,93,24 200.49 (1) (b) "Minority group member" has the meaning given under s. 16.287 203.07 (1) (f).

SB119,371 Section 371. 200.57 (1) (a) of the statutes is amended to read:

SB119,94,4 200.57 (1) (a) "Disabled veteran-owned financial adviser" and "disabled veteran-owned investment firm" mean a financial adviser and investment firm, respectively, certified by the department of administration under s. 16.283 203.03 (3).

SB119,372 Section 372. 200.57 (1) (b) of the statutes is amended to read: