SB751: Bill Text

LRB-4390/1

MED/KRP/MDK:ahe&amn

2017 - 2018 LEGISLATURE

2017 Senate BILL 751

January 29, 2018 - Introduced by Senator Kapenga, cosponsored by Representative Ballweg, by request of Department of Safety and Professional Services. Referred to Committee on Public Benefits, Licensing and State-Federal Relations.

SB751,1,9 An Act to repeal 15.405 (7c) (am) 2., 15.405 (10r) (c), 101.16 (3g) (b), 440.03 (16), 440.04 (9) and 440.11 (3); to renumber 101.16 (3g) (a); and to amend 15.405 (7c) (am) (intro.), 15.405 (7c) (am) 1., 15.405 (7c) (am) 3., 15.405 (7g), 15.405 (10r) (b), 15.406 (6) (a) 2., 101.12 (5) (b), 101.15 (2) (d) 1., 101.653 (5) (b) 2., 118.135 (2), 157.63 (2) (b), 440.08 (2) (a) 59., 440.92 (9) (b) 3., 441.01 (7) (a) (intro.), 441.01 (7) (a) 1., 441.01 (7) (b), 441.06 (3), 441.08, 441.15 (3) (b), 441.16 (3) (d), 448.13 (1) (a) (intro.), 448.13 (2), 448.13 (3) and 470.05 of the statutes; relating to: various changes to statutes administered by the Department of Safety and Professional Services and attached credentialing boards.

Analysis by the Legislative Reference Bureau

This bill makes numerous changes to the laws governing the regulation of professions and buildings and safety that are administered by the Department of Safety and Professional Services.

Notice of request to inspect or copy building plans

Under current law, a person requesting to inspect or copy building plans for a structure must submit a written application identifying the structure or proposed structure, and DSPS or the political subdivision in which the plans are filed must provide a copy of the application to the owner of the structure or proposed structure and the person that submitted the plans. The bill eliminates that notice requirement.

List of licensed retail suppliers of liquefied petroleum gas

The bill eliminates the requirement that DSPS publish an annual list of all retailers licensed by DSPS to distribute liquefied petroleum gas.

Frequency of review of certain local construction site erosion control programs

The bill reduces the frequency with which DSPS must issue a written determination regarding whether a political subdivision's program for erosion control on construction sites for one-family and two-family dwellings is in compliance with state standards. Under current law, if a political subdivision elects to exercise jurisdiction over the construction and inspection of new one-family and two-family dwellings, DSPS must periodically review the political subdivision's ordinances related to construction site erosion control for compliance with state standards. As part of the review, DSPS must perform an audit of the political subdivision's construction site erosion control program and make a written determination regarding whether the political subdivision is in compliance. The bill changes the frequency of the DSPS written determination from three years to five years.

Membership of certain boards and credentialing boards

Current law requires that the Marriage and Family Therapy, Professional Counseling, and Social Work Examining Board include four social workers, including one advanced practice social worker, one independent social worker, and one clinical social worker. The bill eliminates the requirement that one of the four social worker members on the board be an independent social worker. Under the bill, that position may be filled by any type of social worker.

Current law requires that the Board of Nursing include five licensed registered nurses (RNs), two licensed practical nurses (LPNs), and two public members. The bill modifies the required composition of the board so that one of the two LPN positions on the board may instead be filled by either an LPN or an RN.

Current law requires that the Real Estate Appraisers Board include three appraisers, including one certified general appraiser, one certified residential appraiser, and one licensed appraiser. The bill eliminates the requirement that one of the three appraiser members on the board be a licensed appraiser. Under the bill, that position may be filled by any type of appraiser. The bill also repeals a requirement for the Real Estate Appraisers Board requiring that certain types of members be present in order for quorum to be present.

Finally, the bill repeals a specific requirement for an individual to qualify as a public member to serve on the Massage Therapy and Bodywork Therapy Affiliated Credentialing Board.

Other changes

The bill makes various other changes to the laws governing the regulation of professions and buildings and safety, including:

1. The bill makes various technical changes in the nursing practice law, including changes regarding which individuals are required to complete the nursing workforce survey.

2. The bill eliminates requirements that certain Cemetery Board filings be notarized.

3. The bill changes the renewal date for physician assistants from March 1 of each odd-numbered year to March 1 of each even-numbered year.

4. The bill provides that a mining inspector employed by DSPS must have experience in underground mining or be a graduate of a recognized college with a degree of mining engineering. Under current law, DSPS is allowed to employ a mining inspector who is not a graduate only if the inspector has at least ten years experience.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB751,1 Section 1. 15.405 (7c) (am) (intro.) of the statutes is amended to read:

SB751,3,3 15.405 (7c) (am) (intro.) The 4 members appointed under par. (a) 1. shall consist include all of the following:

SB751,2 Section 2. 15.405 (7c) (am) 1. of the statutes is amended to read:

SB751,3,6 15.405 (7c) (am) 1. One At least one member who is certified under ch. 457 as an advanced practice social worker.

SB751,3 Section 3. 15.405 (7c) (am) 2. of the statutes is repealed.

SB751,4 Section 4. 15.405 (7c) (am) 3. of the statutes is amended to read:

SB751,3,10 15.405 (7c) (am) 3. One At least one member who is licensed under ch. 457 as a clinical social worker.

SB751,5 Section 5. 15.405 (7g) of the statutes is amended to read:

SB751,4,6 15.405 (7g) Board of nursing. There is created a board of nursing in the department of safety and professional services. The board of nursing shall consist of the following members appointed for staggered 4-year terms: 5 currently licensed registered nurses under ch. 441; 2 one currently licensed practical nurses nurse under ch. 441; one member who is either a licensed registered nurse or a licensed practical nurse under ch. 441; and 2 public members. Each registered nurse member shall have graduated from a program in professional nursing and each practical nurse member shall have graduated from a program in practical nursing accredited by the state in which the program was conducted.

SB751,6 Section 6. 15.405 (10r) (b) of the statutes is amended to read:

SB751,4,14 15.405 (10r) (b) Of the appraiser members of the board, at least one shall be certified under s. 458.06 as a general appraiser, and at least one shall be certified under s. 458.06 as a residential appraiser and one shall be licensed under s. 458.08 as an appraiser. No public member of the board may be connected with or have any financial interest in an appraisal business or in any other real estate-related business. Section 15.08 (1m) (am) applies to the public members of the board. No member of the board may serve more than 2 consecutive terms.

SB751,7 Section 7. 15.405 (10r) (c) of the statutes is repealed.

SB751,8 Section 8. 15.406 (6) (a) 2. of the statutes is amended to read:

SB751,4,18 15.406 (6) (a) 2. One public member who satisfies the requirements under s. 460.03 (2m) (b).

SB751,9 Section 9. 101.12 (5) (b) of the statutes is amended to read:

SB751,5,2 101.12 (5) (b) A person requesting to inspect or copy plans shall submit a written application identifying the structure or proposed structure whose plans are sought to be inspected or copied, providing the full name and address of the requester and stating that any information obtained from the inspection or copying will not be used for any unlawful or unfair competitive purpose and that the information set forth in the application is true and correct. The department, city, village, town or county shall promptly transmit a copy of the application to the owner of the structure or proposed structure and the submitter of the plans being inspected or copied.

SB751,10 Section 10. 101.15 (2) (d) 1. of the statutes is amended to read:

SB751,5,6 101.15 (2) (d) 1. Employ additional mining inspectors, who each of whom shall have had at least 10 years experience in underground mining or be a graduate of a recognized college with a degree of mining engineering.

SB751,11 Section 11. 101.16 (3g) (a) of the statutes is renumbered 101.16 (3g).

SB751,12 Section 12. 101.16 (3g) (b) of the statutes is repealed.

SB751,13 Section 13. 101.653 (5) (b) 2. of the statutes is amended to read: