SB698: Bill Text

SB698,136 Section 136. 145.16 of the statutes is renumbered 101.9927.

SB698,137 Section 137. 145.165 of the statutes is renumbered 101.9928, and 101.9928 (1) and (2), as renumbered, are amended to read:

SB698,36,24 101.9928 (1) An automatic fire sprinkler fitter-maintenance only registration certificate is required for any person who is employed to maintain automatic fire sprinkler systems by a business establishment registered under s. 145.175 101.993. The department shall, by rule, specify the requirements for issuing an automatic fire sprinkler fitter-maintenance only registration certificate and specify the activities in which a person holding a certificate under this section may engage.

SB698,37,2 (2) This section does not apply to any person registered under s. 145.16 101.9927 or licensed under s. 145.17 101.9929 (2).

SB698,138 Section 138. 145.17 of the statutes is renumbered 101.9929.

SB698,139 Section 139. 145.175 of the statutes is renumbered 101.993.

SB698,140 Section 140. 145.18 of the statutes is renumbered 101.9931.

SB698,141 Section 141. 145.19 of the statutes is renumbered 101.9932.

SB698,142 Section 142. 145.195 of the statutes is renumbered 101.9933.

SB698,143 Section 143. 145.20 of the statutes is renumbered 101.9934, and 101.9934 (2) (h), (3) (c), (5) (a) and (am) and (6) (a) 1., as renumbered, are amended to read:

SB698,37,15 101.9934 (2) (h) Inspect existing private on-site wastewater treatment systems to determine compliance with s. 145.195 101.9933 if a building or structure is being constructed which requires connection to an existing private on-site wastewater treatment system. The county is not required to conduct an on-site inspection if a building or structure is being constructed which does not require connection to an existing private on-site wastewater treatment system.

SB698,38,2 (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. 145.19 101.9932 (3), the department 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 shall issue a written decision regarding compliance with s. 59.70 (5) or 145.19 101.9932 (3) or sub. (1) or (2). If the department 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.

SB698,38,16 (5) (a) The department shall establish a maintenance program to be administered by governmental units responsible for the regulation of private on-site wastewater treatment systems. The department 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 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. 145.245 101.9937 (9).

SB698,38,24 (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. 145.245 101.9937, a governmental unit must comply with these deadlines.

SB698,39,3 (6) (a) 1. Conduct any activities for which certification is required under s. 145.045 101.9915 (1), except that the employee may review and verify soil tester reports as provided in sub. (2) (a).

SB698,144 Section 144. 145.23 of the statutes is renumbered 101.9935.

SB698,145 Section 145. 145.24 of the statutes is renumbered 101.9936, and 101.9936 (1), as renumbered, is amended to read:

SB698,39,11 101.9936 (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 145.13 101.9912, the owner of the private on-site wastewater treatment system may petition the department for a variance to the siting or design standards.

SB698,146 Section 146. 145.245 of the statutes is renumbered 101.9937, and 101.9937 (1) (a) 2., (7) (a), (c) and (e) and (9) (a), as renumbered, are amended to read:

SB698,39,15 101.9937 (1) (a) 2. A written enforcement order issued under s. 145.02 101.9912 (3) (f), 145.20 101.9934 (2) (f) or 281.19 (2).

SB698,39,20 (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 would be necessary to allow the rehabilitated system or new system to meet the minimum requirements of the state plumbing code promulgated under s. 145.13 101.9912.

SB698,40,13 (c) Except as provided in pars. (d) and (e), the state grant share under this section is limited to $7,000 for each principal residence or small commercial establishment to be served by the private on-site wastewater treatment system or to the amount determined by the department based upon private on-site wastewater treatment system grant funding tables, whichever is less. The department shall prepare and publish private on-site wastewater treatment system grant funding tables which specify the maximum state share limitation for various components and costs involved in the rehabilitation or replacement of a private on-site wastewater treatment system based upon minimum size and other requirements specified in the state plumbing code promulgated under s. 145.02 101.9912. The maximum state share limitations shall be designed to pay approximately 60% of the average allowable cost of private on-site wastewater treatment system rehabilitation or replacement based upon estimated or actual costs of that rehabilitation or replacement. The department shall revise the grant funding tables when it determines that 60% of current costs of private on-site wastewater treatment system rehabilitation or replacement exceed the amounts in the grant funding tables by more than 10%, except that the department may not revise the grant funding tables more often than once every 2 years.

SB698,40,20 (e) Costs allowable for experimental private on-site wastewater treatment systems shall include the costs of installing and monitoring experimental private on-site wastewater treatment systems installed under s. 145.02 101.9912 (3) (b) and this section. The department shall promulgate rules that specify how the department will select, monitor and allocate the state share for experimental private on-site wastewater treatment systems that the department funds under this section.

SB698,40,22 (9) (a) Adopt and administer the maintenance program established under s. 145.20 101.9934 (5);

SB698,147 Section 147. 145.26 of the statutes is renumbered 101.9938, and 101.9938 (1), as renumbered, is amended to read:

SB698,41,9 101.9938 (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.

SB698,148 Section 148. 160.255 (1) of the statutes is amended to read:

SB698,41,12 160.255 (1) In this section, "private on-site wastewater treatment system" has the meaning given in s. 145.01 101.9911 (12).

SB698,149 Section 149. 200.21 (11) of the statutes is amended to read:

SB698,41,17 200.21 (11) "Sewerage system" means all facilities of the district for collection, transportation, storage, pumping, treatment and final disposition of sewage. "Sewerage system" does not include any private on-site wastewater treatment system, as defined in s. 145.01 101.9911 (12), or any local sewer.

SB698,150 Section 150. 200.29 (1) (c) 3. a. of the statutes is amended to read:

SB698,41,23 200.29 (1) (c) 3. a. The weight to be given to the need for private on-site wastewater treatment systems, as defined in s. 145.01 101.9911 (12), to maintain the public health and welfare in any area located within the district prior to a redefinition of the boundary but located outside the district after any redefinition of the boundary.

SB698,151 Section 151. 234.49 (1) (e) of the statutes is amended to read:

SB698,42,5 234.49 (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.

SB698,152 Section 152. 254.176 (2) (d) of the statutes is amended to read:

SB698,42,10 254.176 (2) (d) A person licensed, certified or registered under ch. 145 subch. VIII of ch. 101 who engages in activities that constitute lead hazard reduction, only to the extent that these activities are within the scope of his or her license, certification or registration.

SB698,153 Section 153. 281.17 (3) of the statutes is amended to read:

SB698,43,8 281.17 (3) The department shall promulgate rules establishing an examining program for the certification of operators of water systems, wastewater treatment plants and septage servicing vehicles operated under a license issued under s. 281.48 (3), setting such standards as the department finds necessary to accomplish the purposes of this chapter and chs. 285 and 289 to 299, including requirements for continuing education. The department may charge applicants a fee for certification, except that the department may not require an individual who is eligible for the veterans fee waiver program under s. 45.44 to pay a fee. All moneys collected under this subsection for the certification of operators of water systems, wastewater treatment plants and septage servicing vehicles shall be credited to the appropriation under s. 20.370 (4) (bL). No person may operate a water systems, wastewater treatment plant or septage servicing vehicle without a valid certificate issued under this subsection. The department may suspend or revoke a certificate issued under this subsection for a violation of any statute or rule relating to the operation of a water system or wastewater treatment plant or to septage servicing, for failure to fulfill the continuing education requirements or as provided under s. 145.20 101.9934 (5). The owner of any wastewater treatment plant shall be, or shall employ, an operator certified under this subsection who shall be responsible for plant operations, unless the department by rule provides otherwise. In this subsection, "wastewater treatment plant" means a system or plant used to treat industrial wastewater, domestic wastewater or any combination of industrial wastewater and domestic wastewater.

SB698,154 Section 154. 281.344 (8) (b) 3. of the statutes is amended to read:

SB698,43,12 281.344 (8) (b) 3. Water conservation and efficiency measures that the department of safety and professional services requires or authorizes to be implemented under chs. ch. 101 and 145.

SB698,155 Section 155. 281.346 (8) (b) 3. of the statutes is amended to read:

SB698,43,16 281.346 (8) (b) 3. Water conservation and efficiency measures that the department of safety and professional services requires or authorizes to be implemented under chs. ch. 101 and 145.

SB698,156 Section 156. 281.48 (2) (bm) of the statutes is amended to read:

SB698,43,19 281.48 (2) (bm) "Private on-site wastewater treatment system" has the meaning given in s. 145.01 101.9911 (12).

SB698,157 Section 157. 281.48 (5) (a) 4. of the statutes is amended to read:

SB698,43,23 281.48 (5) (a) 4. Violated any provisions of this section or any rule prescribed by the department or falsified information on inspection forms under s. 145.20 101.9934 (5).

SB698,158 Section 158. 281.48 (5m) (c) of the statutes is amended to read:

SB698,44,14 281.48 (5m) (c) The site criteria and disposal procedures in a county ordinance shall be identical to the corresponding portions of rules promulgated by the department under this section. The county shall require the person engaged in septage disposal to submit the results of a soil test conducted by a soil tester certified under s. 145.045 101.9915 and to obtain a site approval for each location where the person disposes of septage on land. The county shall maintain records of soil tests, site approvals, county inspections and enforcement actions under this subsection. A county may not require licensing or registration for any person or vehicle engaged in septage disposal. The county may establish a schedule of fees for site approvals under this paragraph if the department determines that the fees are no more than is necessary to fund the county program under this paragraph. The county may require a bond or other method of demonstrating the financial ability to comply with the septage disposal ordinance. The county shall provide for the enforcement of the septage disposal ordinance by penalties identical to those in s. 281.98.

SB698,159 Section 159. 281.59 (1m) (c) of the statutes is amended to read:

SB698,44,18 281.59 (1m) (c) There is established a private on-site wastewater treatment system replacement and rehabilitation loan program, administered under s. 145.245 101.9937 (12m).

SB698,160 Section 160. 281.75 (18) of the statutes is amended to read:

SB698,45,2 281.75 (18) Suspension or revocation of licenses. The department may suspend or revoke a license issued under ch. 280 if the department finds that the licensee falsified information submitted under this section. The department of safety and professional services may suspend or revoke the license of a plumber licensed under ch. 145 subch. VIII of ch. 101 if the department of safety and professional services finds that the plumber falsified information submitted under this section.

SB698,161 Section 161. 321.60 (1) (a) 7. of the statutes is amended to read:

SB698,45,5 321.60 (1) (a) 7. A An occupational license, as defined in s. 101.02 (20) (a) (1) (a) 2.

SB698,162 Section 162. 321.60 (1) (a) 18. of the statutes is amended to read:

SB698,45,8 321.60 (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).

SB698,163 Section 163. 343.305 (6) (bm) of the statutes is amended to read:

SB698,45,17 343.305 (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).

SB698,164 Section 164. 440.03 (3m) of the statutes is amended to read:

SB698,45,20 440.03 (3m) The department may investigate complaints made against a person who has been issued a credential under chs. 440 to 480.

SB698,165 Section 165. 440.03 (7) of the statutes is amended to read:

SB698,46,2 440.03 (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.

SB698,166 Section 166. 440.03 (7m) of the statutes is amended to read:

SB698,46,12 440.03 (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).

SB698,167 Section 167. 440.03 (11m) (a) (intro.) of the statutes is amended to read:

SB698,46,19 440.03 (11m) (a) (intro.) 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 each of the following, 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:

SB698,168 Section 168. 440.03 (13) (a) of the statutes is amended to read:

SB698,47,3 440.03 (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).

SB698,169 Section 169. 440.03 (13) (am) of the statutes is amended to read:

SB698,47,10 440.03 (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.

SB698,170 Section 170. 440.03 (16) of the statutes is repealed.

SB698,171 Section 171. 440.04 (9) of the statutes is repealed.

SB698,172 Section 172. 440.08 (2) (a) 59. of the statutes is amended to read:

SB698,47,15 440.08 (2) (a) 59. Physician assistant: March 1 of each odd-numbered even-numbered year.

SB698,173 Section 173. 440.11 (3) of the statutes is repealed.

SB698,174 Section 174. 440.19 of the statutes is amended to read:

SB698,47,25 440.19 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.

SB698,175 Section 175. 440.20 (4) of the statutes is renumbered 440.20 (4) (a) and amended to read:

SB698,48,8 440.20 (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).

SB698,176 Section 176. 440.20 (4) (b) of the statutes is created to read:

SB698,48,11 440.20 (4) (b) The grounds for discipline specified under par. (a) are in addition to any grounds for discipline specified in chs. 440 to 480.

SB698,177 Section 177. 440.20 (5) of the statutes is renumbered 440.20 (5) (a) and amended to read:

SB698,48,21 440.20 (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.

SB698,178 Section 178. 440.20 (5) (b) of the statutes is created to read:

SB698,48,24 440.20 (5) (b) The grounds for discipline specified under par. (a) are in addition to any grounds for discipline specified in chs. 440 to 480.

SB698,179 Section 179. 440.205 of the statutes is amended to read:

SB698,50,3 440.205 Administrative warnings. If the department or a board, examining board, or affiliated credentialing board in the department determines during an investigation that there is evidence of misconduct by a credential holder, the department, board, examining board, or affiliated credentialing board may close the investigation by issuing an administrative warning to the credential holder. The department or a board, examining board, or affiliated credentialing board may issue an administrative warning under this section only if the department or board, examining board, or affiliated credentialing board determines that no further action is warranted because the complaint involves a first occurrence of a minor violation and the issuance of an administrative warning adequately protects the public by putting the credential holder on notice that any subsequent violation may result in disciplinary action. If an administrative warning is issued, the credential holder may obtain a review of the administrative warning through a personal appearance before the department, board, examining board, or affiliated credentialing board that issued the administrative warning. Administrative warnings do not constitute an adjudication of guilt or the imposition of discipline and may not be used as evidence that the credential holder is guilty of the alleged misconduct. However, if a subsequent allegation of misconduct by the credential holder is received by the department or a board, examining board, or affiliated credentialing board in the department, the matter relating to the issuance of the administrative warning may be reopened and disciplinary proceedings may be commenced on the matter, or the administrative warning may be used in any subsequent disciplinary proceeding as evidence that the credential holder had actual knowledge that the misconduct that was the basis for the administrative warning was contrary to law. The record that an administrative warning was issued shall be a public record. The contents of the administrative warning shall be private and confidential. The department shall promulgate rules establishing uniform procedures for the issuance and use of administrative warnings.

SB698,180 Section 180. 440.22 (1) of the statutes is amended to read:

SB698,50,13 440.22 (1) In this section, "costs of the proceeding" means the compensation and reasonable expenses of hearing examiners and of prosecuting attorneys for the department, examining board or, affiliated credentialing board, or other board, a reasonable disbursement for the service of process or other papers, amounts actually paid out for certified copies of records in any public office, postage, telephoning, adverse examinations and depositions and copies, expert witness fees, witness fees and expenses, compensation and reasonable expenses of experts, paralegals, real estate specialists, and investigators, and compensation and expenses of a reporter for recording and transcribing testimony.