2011 WISCONSIN ACT
146
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), 440.91 (8) and 457.25 (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), 145.17 (1), 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), 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., 454.08 (2) (a), 459.12 (1), 961.23 (5) and 961.23 (7);
to repeal and recreate
101.985 (2) (a) (title), 145.19 (title) and 454.01 (5) (b); and
to create
15.407 (2) (d), 15.407 (10) (a) 9., 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 445.105 (2s) 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.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
15.407
(1m)
Respiratory care practitioners examining council.
There is created a respiratory care practitioners examining council in the department of safety and professional services and serving the medical examining board in an advisory capacity in the formulating of rules to be promulgated by the medical examining board for the regulation of respiratory care practitioners. The respiratory care practitioners examining council shall consist of 3 certified respiratory care practitioners, each of whom shall have engaged in the practice of respiratory care for at least 3 years preceding appointment, one physician and one public member. The respiratory care practitioner and physician members shall be appointed by the medical examining board. The members of the examining council shall serve 3-year terms. Section 15.08 (1) to (4) (a) and (6) to (10) shall apply to the respiratory care practitioners examining council
, except that members of the examining council may serve more than 2 consecutive terms
.
Section
2
.
15.407 (2) (a) of the statutes is repealed.
Section
3
.
15.407 (2) (b) of the statutes is amended to read:
15.407
(2)
(b) One public member appointed by the governor for a
2-year
4-year
term.
Section
4
.
15.407 (2) (c) of the statutes is amended to read:
15.407
(2)
(c) Three physician assistants selected by the medical examining board for staggered
2-year
4-year
terms.
Section
5
.
15.407 (2) (d) of the statutes is created to read:
15.407
(2)
(d) One person who teaches physician assistants and is selected by the medical examining board for a 4-year term.
Section
6
.
15.407 (10) of the statutes, as affected by
2011 Wisconsin Act 32
, is renumbered 15.407 (10) (a) (intro.) and amended to read:
15.407
(10)
(a) (intro.) There is created in the department of safety and professional services, a dwelling code council, consisting of
18
11
members appointed for staggered
3-year
2-year
terms.
Four members
Each member
shall
be
representatives of building
represent at least one of the following groups:
1. Building
trade labor organizations
; 4 members shall be certified
.
2. Certified
building inspectors employed by local units of government
; 2 members shall be representatives of building
.
3. Building
contractors actively engaged in on-site construction of one- and 2-family housing
; 2 members shall be representatives of manufacturers
.
4. Manufacturers, retailers,
or installers of manufactured
or modular
one- and 2-family housing
; one member shall be an architect, engineer or designer
.
5. Architects, engineers, or designers who are registered under ch. 443 and who are
actively engaged in the design or evaluation of one- and 2-family housing
; 2 members shall represent the
.
6. The
construction material supply industry
; one member shall represent remodeling
.
7. Remodeling
contractors actively engaged in the remodeling of one-family and 2-family housing
; and 2 members shall represent the public, one of whom shall represent persons
.
8. Persons
with disabilities, as defined in s. 106.50 (1m) (g).
(b)
An employee of the department designated by the secretary of safety and professional services shall serve as
nonvoting
secretary
, but shall not be a member,
of the council. The council shall meet at least twice a year.
Eleven
Seven
members of the council shall constitute a quorum. For the purpose of conducting business a majority vote of the council is required.
Section
7
.
15.407 (10) (a) 9. of the statutes is created to read:
15.407
(10)
(a) 9. Fire prevention professionals.
20.165
(2)
(de)
Private
sewage
on-site wastewater treatment
system
replacement and rehabilitation.
As a continuing appropriation, the amounts in the schedule for financial assistance under the private
sewage
on-site wastewater treatment
system replacement and rehabilitation program under s. 145.245.
20.165
(2)
(j)
Safety and building operations.
The amounts in the schedule for the purposes of chs. 101, 145, and 168 and ss. 167.35, 236.12 (2) (a), 236.13 (1) (d) and (2m), and 236.335, for the purpose of transferring the amounts in the schedule under par. (kg) to the appropriation account under par. (kg), and for the purpose of transferring the amounts in the schedule under par. (km) to the appropriation account under par. (km). All moneys received under ch. 145, ss.
101.177 (4) (a) 4.,
101.178, 101.19, 101.63 (9), 101.654 (3), 101.73 (12), 101.82 (4), 101.955 (2), 101.973 (7), 167.35 (2) (f), and 236.12 (7) and all moneys transferred under
2005 Wisconsin Act 45
, section
76 (6)
, shall be credited to this appropriation.
20.165
(2)
(L)
Fire dues distribution.
All moneys received under ss. 101.573 (1) and 601.93, less the amounts transferred to par. (La) and s. 20.292 (1) (gm) and (gr), for distribution under s.
101.563 or
101.573
, as applicable
. The amount transferred to par. (La) shall be the amount in the schedule under par. (La). The amount transferred to s. 20.292 (1) (gm) shall be the amount in the schedule under s. 20.292 (1) (gm). The amount transferred to s. 20.292 (1) (gr) shall be the amount in the schedule under s. 20.292 (1) (gr).
Section
11
.
20.320 (3) (title) of the statutes is amended to read:
20.320
(3)
(title)
Private
sewage
on-site wastewater treatment
system program.
Section
12
.
20.320 (3) (q) of the statutes is amended to read:
20.320
(3)
(q)
Private
sewage
on-site wastewater treatment
system loans.
From the environmental improvement fund, as a continuing appropriation, the amounts in the schedule for private
sewage
on-site wastewater treatment
system replacement or rehabilitation loans under s. 145.245 (12m).
Section
13
.
59.70 (1) of the statutes is amended to read:
59.70
(1)
Building and sanitary codes.
The board may enact building and sanitary codes, make necessary rules and regulations in relation thereto and provide for enforcement of the codes, rules and regulations by forfeiture or otherwise. The codes, rules and regulations do not apply within municipalities which have enacted ordinances or codes concerning the same subject matter. "Sanitary code" does not include a private
sewage
on-site wastewater treatment
system ordinance enacted under sub. (5). "Building and sanitary codes" does not include well code ordinances enacted under sub. (6).
Section
14
.
59.70 (5) (title) of the statutes is amended to read:
59.70
(5)
(title)
Private
sewage
on-site wastewater treatment
system ordinance.
Section
15
.
59.70 (5) (a) of the statutes is amended to read:
59.70
(5)
(a) Every governmental unit responsible for the regulation of private
sewage
on-site wastewater treatment
systems, as defined under s. 145.01 (5), shall enact an ordinance governing private
sewage
on-site wastewater treatment
systems, as defined in s. 145.01 (12), which conforms with the state plumbing code. The ordinance shall apply to the entire area of the governmental unit responsible for the regulation of private
sewage
on-site wastewater treatment
systems, as defined under s. 145.01 (5). After July 1, 1980, no municipality may enact or enforce a private
sewag
e
on-site wastewater treatment
system ordinance unless it is a governmental unit responsible for the regulation of private
sewage
on-site wastewater treatment systems
, as defined under s. 145.01 (5).
Section
16
.
59.70 (5) (b) of the statutes is amended to read:
59.70
(5)
(b) The governmental unit responsible for the regulation of private
sewage
on-site wastewater treatment
systems, as defined under s. 145.01 (5), shall administer the private
sewage
on-site wastewater treatment
system ordinance under s. 145.20 and the rules promulgated under s. 145.20.
Section
17
.
60.70 (5) of the statutes is amended to read:
60.70
(5)
"Private
sewage
on-site wastewater treatment
system" has the meaning given under s. 145.01 (12).
Section
18
.
60.72 (4) of the statutes is amended to read:
60.72
(4)
Finding.
Following the public hearing, the department shall determine if private
sewage
on-site wastewater treatment
systems or private domestic water systems, or both, in the affected towns constitute a threat to public health, safety, convenience or welfare or of pollution of waters of the state, and that there is no local action to correct the situation. The department shall issue its determination as written findings.
Section
19
.
60.726 (title) of the statutes is amended to read:
60.726
(title)
Property with private
sewage
on-site wastewater treatment
system included.
Section
20
.
60.726 (2) of the statutes is amended to read:
60.726
(2)
If a property owner installed on his or her property a private
sewage
on-site wastewater treatment
system
, as defined in s. 145.01 (12),
that conforms with the state plumbing code, before a town sanitary district that encompasses that property came into existence, that property shall be included in the town sanitary district. If the private
sewage
on-site wastewater treatment
system was installed on or after 10 years before May 14, 1992, and if the property owner provides the town sanitary district with any information about the cost of the private
sewage
on-site wastewater treatment
system required by the district, the town sanitary district, when the district issues any assessment or charges or imposes property taxes to construct a sewage service system, shall pay or credit the property owner an amount equal to 10% of the cost of the private
sewage
on-site wastewater treatment
system, less any grants or aids received by the property owner for construction of the private
sewage
on-site wastewater treatment
system, multiplied by the number of years of remaining life of the private
sewage
on-site wastewater treatment
system. The number of years of remaining life of the private
sewage
on-site wastewater treatment
system is equal to 10 minus the number of years that the private
sewage
on-site wastewater treatment
system has been in operation.
Section
21
.
60.77 (5) (b) of the statutes is amended to read:
60.77
(5)
(b) Require the installation of private
sewage
on-site wastewater treatment
systems.
Section
22
.
60.77 (5) (bm) of the statutes is amended to read:
60.77
(5)
(bm) Require the inspection of private
sewage
on-site wastewater treatment
systems that have been already installed to determine compliance with the state plumbing code and may report violations of the state plumbing code to the governmental unit responsible for the regulation of private
sewage
on-site wastewater treatment
systems for enforcement under s. 145.20.
Section
23
.
60.77 (5) (bs) of the statutes is amended to read:
60.77
(5)
(bs) Provide direct financial assistance for costs related to the replacement of private
sewage
on-site wastewater treatment
systems
, as defined in s. 145.01 (12),
that are failing.
Section
24
.
60.77 (5) (j) of the statutes is amended to read:
60.77
(5)
(j) Administer the private
sewage
on-site wastewater treatment
system program if authorized under s. 145.20 (1) (am).
Section
25
.
101.01 (11) of the statutes is renumbered 101.01 (11) (intro.) and amended to read:
101.01
(11)
(intro.) "Place of employment" includes every place, whether indoors or out or underground and the premises appurtenant thereto where either temporarily or permanently any industry, trade, or business is carried on, or where any process or operation, directly or indirectly related to any industry, trade, or business, is carried on, and where any person is, directly or indirectly, employed by another for direct or indirect gain or profit, but does not include any place where persons are employed in private domestic service which does not involve the use of mechanical power or in farming. "Farming" includes those activities specified in s. 102.04 (3), and also includes the transportation of farm products, supplies, or equipment directly to the farm by the operator of the farm or employees for use thereon, if such activities are directly or indirectly for the purpose of producing commodities for market, or as an accessory to such production. When used with relation to building codes, "place of employment" does not include
an
any of the following:
(a) An
adult family home, as defined in s. 50.01 (1)
, or, except
.
(b) Except
for the purposes of s. 101.11, a previously constructed building used as a community-based residential facility, as defined in s. 50.01 (1g), which serves 20 or fewer residents who are not related to the operator or administrator.
Section
26
.
101.01 (11) (c) of the statutes is created to read:
101.01
(11)
(c) A home-based business, as defined by the department by rule.
Section
27
.
101.01 (12) of the statutes is renumbered 101.01 (12) (intro.) and amended to read:
101.01
(12)
(intro.) "Public building" means any structure, including exterior parts of such building, such as a porch, exterior platform, or steps providing means of ingress or egress, used in whole or in part as a place of resort, assemblage, lodging, trade, traffic, occupancy, or use by the public or by 3 or more tenants. When used in relation to building codes, "public building" does not include
a
any of the following:
(a) A
previously constructed building used as a community-based residential facility as defined in s. 50.01 (1g) which serves 20 or fewer residents who are not related to the operator or administrator
or an
.
(b) An
adult family home, as defined in s. 50.01 (1).
Section
28
.
101.01 (12) (c) of the statutes is created to read:
101.01
(12)
(c) A home-based business, as defined by the department by rule.
101.02
(20)
(a) For purposes of this subsection, "license" means a license, permit, or certificate of certification or registration issued by the department
for an occupation or profession
under
ss.
s.
101.09 (3) (c), 101.122 (2) (c), 101.143 (2) (g), 101.147, 101.15 (2) (e), 101.16 (3g), 101.17,
101.177 (4) (a),
101.178 (2) or (3) (a), 101.63 (2) or (2m), 101.653, 101.73 (5) or (6), 101.82 (1m), (1v), and (2), 101.935, 101.95, 101.951, 101.952,
101.96 (2),
101.985 (1) to (3), 145.02 (4), 145.035, 145.045, 145.15, 145.16, 145.165, 145.17, 145.175, 145.18, or 167.10 (6m)
or under rules promulgated under ch. 101 or 145
.
101.02
(21)
(a) In this subsection, "license" means a license, permit, or certificate of certification or registration issued by the department
for an occupation or profession
under s. 101.09 (3) (c), 101.122 (2) (c), 101.143 (2) (g), 101.147, 101.15 (2) (e), 101.16 (3g), 101.17,
101.177 (4) (a),
101.178 (2) or (3) (a), 101.63 (2)
or (2m)
, 101.653, 101.73 (5) or (6), 101.82 (1m), (1v), and (2), 101.935, 101.95, 101.951, 101.952,
101.96 (2),
101.985 (1) to (3), 145.02 (4), 145.035, 145.045, 145.15, 145.16, 145.165, 145.17, 145.175, 145.18, or 167.10 (6m)
or under rules promulgated under ch. 101 or 145
.
Section
31
.
101.05 (5) of the statutes is created to read:
101.05
(5)
No standard, rule, order, code, or regulation adopted, promulgated, enforced, or administered by the department under s. 101.025, 101.027, 101.12, 101.121, or 101.125 to 101.135 applies to a building used for farming, as defined by the department by rule.
Section
32
.
101.07 of the statutes is repealed.
Section
33
.
101.145 (2) of the statutes is amended to read:
101.145
(2)
Approval.
A smoke detector required under this section shall
be approved by
bear an
Underwriters Laboratories, Inc.
, listing mark or similar mark from an independent product safety certification organization.
Section
36
.
101.745 (2) of the statutes is amended to read:
101.745
(2)
Approval.
A smoke detector required under this section shall
be approved by underwriters laboratory
bear an Underwriters Laboratories, Inc., listing mark or similar mark from an independent product safety certification organization
.
Section
37
.
101.952 (3) of the statutes is amended to read:
101.952
(3)
Every licensee shall carry his or her license when engaged in his or her business and display the same upon request.
The license shall name his or her employer, and, in case of a change of employer, the manufactured home salesperson shall immediately mail his or her license to the department, which shall endorse that change on the license without charge.
Section
38
.
101.985 (2) (title) of the statutes is amended to read:
101.985
(2)
(title)
Elevator
mechanic
mechanics' licenses
.
Section
39
.
101.985 (2) (a) (title) of the statutes is repealed and recreated to read:
101.985
(2)
(a) (title)
Issuance.
Section
40
.
101.985 (2) (a) (intro.) of the statutes is renumbered 101.985 (2) (a) and amended to read:
101.985
(2)
(a)
Except as provided in pars. (am) to (d), the
The
department shall issue an elevator mechanic's license to each individual who
satisfactorily completes an elevator mechanic's apprenticeship program that is approved by the U.S. department of labor or by the department of workforce development or who satisfies all of the following:
meets the requirements in either par. (ab) or (ad).
Section
41
.
101.985 (2) (a) 2. of the statutes is renumbered 101.985 (2) (ab) 2. and amended to read:
101.985
(2)
(ab) 2. During the 3 years preceding the date of application,
he or she
was continuously employed in a position requiring the individual to perform work that is at a journeyman level and that is relevant to the erection, construction, alteration, replacement, maintenance, repair,
removal, or dismantling
or servicing
of conveyances, as verified by the individual's employers.
Section
42
.
101.985 (2) (a) 3. of the statutes is renumbered 101.985 (2) (ab) 3. and amended to read:
101.985
(2)
(ab) 3.
Satisfactorily
He or she satisfactorily
completes a written examination administered by the department covering the provisions of this subchapter, and rules promulgated under this subchapter, that are relevant to the license applied for or satisfactorily completes an elevator mechanic's examination approved by the department and administered by a nationally recognized training program established by the elevator industry.
Section
43
.
101.985 (2) (ab) (intro.) of the statutes is created to read:
101.985
(2)
(ab)
Requirements; apprenticeship and journeyman level.
(intro.) An individual is eligible for an elevator mechanic's license if he or she satisfactorily completes an elevator mechanic's apprenticeship program that is approved by the U.S. department of labor or by the department of workforce development or if he or she satisfies all of the following requirements:
Section
44
.
101.985 (2) (ad) of the statutes is created to read:
101.985
(2)
(ad)
Requirements; training program.
1. An individual is eligible for an elevator mechanic's license if he or she satisfies all of the following requirements:
a. He or she verifies to the department that he or she has been certified as having successfully completed a 4-year program established by the National Elevator Industry Educational Program or an equivalent nationally recognized 4-year training program that is approved by the department.
b. He or she meets one of the requirements specified in subd. 2.
2. In order to meet the requirement under subd. 1. b. for an elevator mechanic's license, an individual applying for a license shall satisfy one of the following requirements:
a. He or she verifies to the department that, during the 5 years immediately preceding the date of the license application, he or she was employed for at least 1,000 hours in each of the 5 years performing work described under s. 101.984 (2) (a) or (b).
b. He or she verifies to the department that he or she has continuous experience in the elevator industry for at least 5 years immediately preceding the date of the license application in a capacity, other than in the capacity of preforming work described under s. 101.984 (2) (a) or (b), that has allowed him or her to remain familiar with elevator equipment, technology, and industry practices. This experience may include performing management activities for a company that engages in the sale, installation, repair, or maintenance of conveyances, being involved in elevator industry labor relations, or supervising elevator mechanics.
c. He or she verifies to the department that he or she, during any 5 years preceding the date of the license application, was employed for at least 1,000 hours in each of those 5 years performing work that is relevant to the erection, construction, alteration, replacement, maintenance, repair, or servicing of conveyances and that this work included work described under s. 101.984 (2) (a) or (b). If the 5 years were not the 5 years immediately preceding the date of application, the applicant shall verify that this 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 in order to meet the requirement under this subd. 2. c.
Section
45
.
101.985 (2) (am) of the statutes is amended to read:
101.985
(2)
(am)
Requirements for individuals with prior experience.
The department shall promulgate rules that establish requirements for issuing an elevator mechanic's license to an individual who has performed work described under s. 101.984 (2) (a) or (b) within the scope of his or her employment before June 1, 2007, but who does not satisfy the requirements under par.
(a)
(ab) or (ad)
to be issued a license. The rules may contain a deadline before which an individual must apply for a license issued under this paragraph.
Section
46
.
101.985 (2) (b) of the statutes is amended to read:
101.985
(2)
(b)
Licensing out-of-state mechanics.
The requirements under
par. (a)
pars. (ab) and (ad)
do not apply to an individual who is licensed as an elevator mechanic under the laws of another state, if, in the opinion of the department, that state's regulation of elevator mechanics is substantially the same as this state's. The department may summarily issue an elevator mechanic's license to such an individual.
Section
47
.
101.985 (2) (c) of the statutes is amended to read:
101.985
(2)
(c)
Emergency licensing.
If the governor declares that a state of emergency exists in this state under s. 323.10 and the department determines that the number of individuals in the state who hold
an
elevator mechanic's
licenses
license
issued by the department under this section on the date of the declaration is insufficient to cope with the emergency, the department shall summarily issue an emergency elevator mechanic's license to any individual who is certified by an elevator contractor licensed under this subchapter as adequately qualified and able to perform the work of an elevator mechanic without direct and immediate supervision, who the department determines is so qualified and able, and who applies for an emergency elevator mechanic's license on a form prescribed by the department. An individual certified by a contractor under this paragraph may perform work as an elevator mechanic for up to a total of 5 days preceding the date the individual is issued the license. An emergency elevator mechanic's license has a term of 30 days and may be renewed by the department in the case of a continuing emergency. The department shall specify on an emergency elevator mechanic's license the geographic area in which the licensee may provide services under the license. The requirements under
par. (a)
pars. (ab) and (ad)
do not apply to an individual who applies for an emergency elevator mechanic's license.
Section
48
.
101.985 (2) (d) of the statutes is amended to read:
101.985
(2)
(d)
Temporary licensing.
If there are no elevator mechanics licensed under this subchapter available to provide services contracted for by an elevator contractor licensed under this subchapter, the elevator contractor may notify the department and request the issuance of a temporary elevator mechanic's license to any individual who is certified by the elevator contractor as adequately qualified and able to perform the work of an elevator mechanic without direct and immediate supervision and who applies for a temporary elevator mechanic's license on a form prescribed by the department. A temporary elevator mechanic's license has a term of 30 days and may be renewed by the department in the case of a continuing shortage of licensed elevator mechanics. The department shall specify on a temporary elevator mechanic's license the elevator contractor in whose employ the licensee must remain to provide services under the temporary elevator mechanic's license. The requirements under
par. (a)
pars. (ab) and (ad)
do not apply to an individual who applies for a temporary elevator mechanic's license.
Section
49
.
101.985 (4) of the statutes is amended to read:
101.985
(4)
Criminal background check.
Upon receipt of an application for a license under sub. (1), (2)
(a),
(ab) or (ad),
or (3), the department, with the assistance of the department of justice, shall conduct a background investigation of the applicant to determine if the information provided by the applicant under sub. (7) (a) 10. is true and if the applicant has any arrests or convictions tending to indicate that the applicant is not adequately qualified and able to provide services authorized under the license applied for.
Section
50
.
101.985 (5) (b) 1. of the statutes is amended to read:
101.985
(5)
(b) 1. Except as otherwise provided in this subdivision, an applicant for renewal of a license under sub. (1), (2)
(a)
(ab), (ad),
or (b), or (3) shall provide to the department a certificate indicating that, during the one-year period before the date on which the applicant's license expires, the applicant has satisfactorily met
with
the education requirements established by rule under subd. 2. If the applicant is not an individual, the certificate shall indicate that the education requirements were satisfactorily met by an individual who, as of the date of the application, is an agent of the applicant.
Section
51
.
101.985 (7) (a) (intro.) of the statutes is amended to read:
101.985
(7)
(a) (intro.) Each application for a license under subs. (1), (2)
(a)
(ab) or (ad)
, or (3) shall be made on a form prescribed by the department, and each application shall contain at least the following information:
Section
52
.
145.01 (4m) of the statutes is amended to read:
145.01
(4m)
Failing private
sewage
on-site wastewater treatment
system.
"Failing private
sewage
on-site wastewater treatment
system" has the meaning specified under s. 145.245 (4).
Section
53
.
145.01 (5) of the statutes is amended to read:
145.01
(5)
Governmental unit responsible for regulation of private
sewage
on-site wastewater treatment
systems.
"Governmental unit responsible for the regulation of private
sewage
on-site wastewater treatment
systems" or "governmental unit", unless otherwise qualified, means the county except that in a county with a population of 500,000 or more these terms mean the city, village or town where the private
sewag
e
on-site wastewater treatment
system is located.
Section
54
.
145.01 (10) (a) 2. of the statutes is amended to read:
145.01
(10)
(a) 2. The construction, connection, installation, service, or repair of any drain or wastewater piping system that connects to the mains or other terminal within the bounds of, or beneath an area subject to easement for highway purposes, including private
sewage
on-site wastewater treatment
systems and stormwater treatment and dispersal systems, and the alteration of any such systems, drains or wastewater piping.
Section
55
.
145.01 (12) of the statutes is amended to read:
145.01
(12)
Private
sewage
on-site wastewater treatment
system.
"Private
sewage
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 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
sewage
on-site wastewater treatment
system may be owned by the property owner or by a special purpose district.
Section
56
.
145.045 (1) of the statutes is amended to read:
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 that relate to private
sewage
on-site wastewater treatment
systems unless the person holds a valid certificate issued under this section.
Section
57
.
145.045 (3) of the statutes is amended to read:
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 or the governmental unit responsible for the regulation of private
sewage
on-site wastewater treatment
systems.
Section
58
.
145.07 (3) (a) of the statutes is amended to read:
145.07
(3)
(a) A specific record of not less than 1,000 hours per year experience for 3 or more
consecutive
years as a licensed journeyman plumber in this state; or
Section
59
.
145.07 (5) of the statutes is amended to read:
145.07
(5)
Any resident who has been actively engaged in this state in a limited type of plumbing installation work for a period of not less than 1,000 hours per year for 2 or more
consecutive
years as a licensed journeyman plumber (restricted) may be examined for licensure as a master plumber (restricted).
Section
60
.
145.08 (1m) of the statutes is repealed.
Section
61
.
145.135 (title) of the statutes is repealed.
Section
62
.
145.135 (1) (title) of the statutes is repealed.
Section
63
.
145.135 (1) of the statutes is renumbered 145.19 (1b) and amended to read:
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 or any governmental unit responsible for the regulation of private
sewage
on-site wastewater treatment
systems
for the installation of a private sewage system
.
(1g)
Permit required.
No person may
purchase or
install a private
sewage
on-site wastewater treatment
system unless the owner of the property on which the private
sewage
on-site wastewater treatment
system is to be installed holds a valid sanitary permit
issued under this section. No person may sell at retail, as defined under s. 100.201 (1) (d), a septic tank for installation in this state unless the purchaser holds a valid sanitary permit issued under this section
.
(7)
Period of validity.
A sanitary permit is valid for 2 years from the date of issue and renewable for similar periods thereafter.
A governmental unit responsible for the regulation of private sewage systems may not charge more than one fee for a sanitary permit or the renewal of a sanitary permit in any 12-month period.
A sanitary permit shall remain valid to the end of the established period, notwithstanding any change in the state plumbing code or in any private
sewage
on-site wastewater treatment
system ordinance during that period.
(8)
Transfer of permit.
A sanitary permit may be transferred from the holder to a subsequent owner of the land, except that the subsequent owner must obtain a new copy of the sanitary permit from the issuing agent.
(1r)
Test results.
The results of any percolation test or other test relating to the disposal of liquid domestic wastes into the soil shall be retained by the governmental unit
responsible for the regulation of private sewage systems
where the property is located. The governmental unit
responsible for the regulation of private sewage systems
shall make the test results available to an applicant for a sanitary permit and shall accept the test results as the basis for a sanitary permit application unless the soil at the test site is altered to the extent that a new soil test is necessary.
Section
64
.
145.135 (2) (intro.) of the statutes is renumbered 145.19 (3m) (intro.), and 145.19 (3m) (title), as renumbered, is amended to read:
145.19
(3m)
(title)
Notice
in permit
.
Section
65
.
145.135 (2) (a) to (f) of the statutes are renumbered 145.19 (3m) (a) to (f), and 145.19 (3m) (a), as renumbered, is amended to read:
145.19
(3m)
(a) The purpose of the sanitary permit is to allow installation of the private
sewage
on-site wastewater treatment
system described in the permit.
Section
66
.
145.14 (2) (a) of the statutes is amended to read:
145.14
(2)
(a)
Systems or services.
Persons classified under this paragraph may install septic tanks for private
sewage
on-site wastewater treatment
systems, may install drain fields designed to serve such septic tanks, and may install sewer service from the septic tank or sewer extensions from mains to the immediate inside or proposed inside foundation wall of the building. Such persons may also install water services, stormwater use systems, and reclaimed water systems if the services or systems are to be located outside the foundation wall of the building.
Section
67
.
145.17 (1) of the statutes is amended to read:
145.17
(1)
The department may employ competent supervisors, who shall be licensed automatic fire sprinkler contractors or journeymen automatic fire sprinkler system fitters, and may employ other persons.
The department may accept as certification of inspection, inspection by the insurance services organization of Wisconsin, the industrial risk insurers association, the factory mutual engineering corporation or other rate service organization.
Section
68
.
145.19 (title) of the statutes is repealed and recreated to read:
145.19
(title)
Sanitary permits.
Section
69
.
145.19 (1) (title) of the statutes is repealed.
Section
70
.
145.19 (1) of the statutes is renumbered 145.19 (1m) and amended to read:
145.19
(1m)
Application process.
No septic tank may be purchased and no private sewage system may be installed unless the owner of the property on which the private sewage system is to be installed holds a valid sanitary permit from the governmental unit responsible for the regulation of private sewage systems in which the property is located.
The department shall prescribe the information to be included in
the
an application for a
sanitary permit
and furnish sanitary permit forms to the governmental unit
. 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 under this chapter.
No person may sell at retail, as defined under s. 100.201 (1) (d), a septic tank for installation in this state unless the purchaser holds a valid sanitary permit issued under this section.
Section
71
.
145.19 (2) of the statutes is amended to read:
145.19
(2)
Fee.
No fee for a sanitary permit may be less than
$61, or
the amount determined under department rule. The governing body for the governmental unit responsible for the regulation of private
sewage
on-site wastewater treatment
systems may establish a fee for a sanitary permit which is more than
$61, or
the amount determined under department 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.
Section
72
.
145.19 (3) of the statutes is amended to read:
145.19
(3)
Copy of permit
Fees and records of permits
forwarded to the department.
The governmental unit responsible for the regulation of private
sewage
on-site wastewater treatment
systems shall forward
a copy of each valid sanitary permit and $20, or the amount determined under department rule, of the fee
to the department within 90 days after
the
each valid
permit is issued
a portion of the fee, as determined under department 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 by rule, and shall be submitted by the governmental unit to the department at intervals to be determined by the department by rule
.
Section
73
.
145.19 (4) of the statutes is amended to read:
145.19
(4)
Use of fee.
The portion of this fee retained by the governmental unit responsible for the regulation of private
sewage
on-site wastewater treatment
systems shall be used for the administration of private
sewage
on-site wastewater treatment
system programs.
Section
74
.
145.19 (5) of the statutes is repealed.
Section
75
.
145.19 (6) of the statutes is amended to read:
145.19
(6)
Groundwater fee.
In addition to the fee under sub. (2), the governmental unit responsible for the regulation of private
sewage
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 together with
the copy of the sanitary permit and
the fee under sub. (3). The moneys collected under this subsection shall be credited to the environmental fund for environmental management.
Section
76
.
145.195 (1) of the statutes is amended to read:
145.195
(1)
No county, city, town or village may issue a building permit for construction of any structure requiring connection to a private
sewage
on-site wastewater treatment
system unless a private
sewage
on-site wastewater treatment
system satisfying all applicable regulations already exists to serve the proposed structure or all permits necessary to install a private
sewage
on-site wastewater treatment
system have been obtained.
Section
77
.
145.195 (2) of the statutes is amended to read:
145.195
(2)
Before issuing a building permit for construction of any structure on property not served by a municipal sewage treatment plant, the county, city, town or village shall determine that the proposed construction does not interfere with a functioning private
sewag
e
on-site wastewater treatment
system. The county, city, town or village may require building permit applicants to submit a detailed plan of the owner's existing private
sewage
on-site wastewater treatment
system.
Section
78
.
145.20 (title) of the statutes is amended to read:
145.20
(title)
Private
sewage
on-site wastewater treatment
systems.
Section
79
.
145.20 (1) (a) of the statutes is amended to read:
145.20
(1)
(a) The governing body of the governmental unit responsible for the regulation of private
sewage
on-site wastewater treatment
systems may assign the duties of administering the private
sewage
on-site wastewater treatment
system program to any office, department, committee, board, commission, position or employee of that governmental unit.
Section
80
.
145.20 (1) (am) of the statutes is amended to read:
145.20
(1)
(am) The governing body of the governmental unit responsible for the regulation of private
sewage
on-site wastewater treatment
systems may delegate the duties of administering the private
sewage
on-site wastewater treatment
system program to a town sanitary district or public inland lake protection and rehabilitation district with the powers of a town sanitary district within the town sanitary district or public inland lake protection and rehabilitation district if the town sanitary district or public inland lake protection and rehabilitation district agrees to assume those duties.
Section
81
.
145.20 (1) (b) of the statutes is amended to read:
145.20
(1)
(b) The governmental unit responsible for the regulation of private
sewage
on-site wastewater treatment
systems shall obtain the services of a certified soil tester, either as an employee or under contract, to review and verify certified soil tester reports under sub. (2).
Section
82
.
145.20 (2) (intro.) of the statutes is amended to read:
145.20
(2)
Governmental unit responsibilities.
(intro.) The governmental unit responsible for the regulation of private
sewage
on-site wastewater treatment
systems shall:
Section
83
.
145.20 (2) (a) of the statutes is amended to read:
145.20
(2)
(a) Review certified soil tester reports for proposed private
sewage
on-site wastewater treatment
systems and verify the report at the proposed site, if necessary.
Section
84
.
145.20 (2) (d) of the statutes is amended to read:
145.20
(2)
(d) Inspect all private
sewage
on-site wastewater treatment
systems after construction but before backfilling no later than the end of the next workday, excluding Saturdays, Sundays and holidays, after receiving notice from the plumber in charge.
Section
85
.
145.20 (2) (e) of the statutes is amended to read:
145.20
(2)
(e) File reports and conduct surveys and inspections as required by the governmental unit responsible for the regulation of private
sewage
on-site wastewater treatment
systems or the department.
Section
86
.
145.20 (2) (f) of the statutes is amended to read:
145.20
(2)
(f) Investigate violations of the private
sewage
on-site wastewater treatment
system ordinance and s. 254.59 (2), issue orders to abate the violations and submit orders to the district attorney, corporation counsel or attorney general for enforcement.
Section
87
.
145.20 (2) (g) of the statutes is amended to read:
145.20
(2)
(g) Perform other duties regarding private
sewage
on-site wastewater treatment
systems as considered appropriate by the governmental unit responsible for the regulation of private
sewage
on-site wastewater treatment
systems or as required by the rules of the department.
Section
88
.
145.20 (2) (h) of the statutes is amended to read:
145.20
(2)
(h) Inspect existing private
sewage
on-site wastewater treatment
systems to determine compliance with s. 145.195 if a building or structure is being constructed which requires connection to an existing private
sewage
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
sewage
on-site wastewater treatment
system.
Section
89
.
145.20 (3) (a) 1. of the statutes is amended to read:
145.20
(3)
(a) 1. The department may specify categories of private
sewage
on-site wastewater treatment
systems for which approval by the department is required prior to issuance of sanitary permits by the governmental unit responsible for the regulation of private
sewage
on-site wastewater treatment
systems.
Section
90
.
145.20 (3) (a) 2. of the statutes is amended to read:
145.20
(3)
(a) 2. The department may exempt a governmental unit from any category of private
sewage
on-site wastewater treatment
systems for which departmental approval is required prior to sanitary permit issuance under subd. 1., upon a determination, in accordance with rules promulgated by the department, 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. The department 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. 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 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.
Section
91
.
145.20 (3) (b) of the statutes is amended to read:
145.20
(3)
(b) The department shall review the private
sewage
on-site wastewater treatment
system program in each governmental unit responsible for the regulation of private
sewage
on-site wastewater treatment
systems to ascertain compliance with sub. (2) and with regulations issued by the department. This review shall include a random audit of sanitary permits, including verification by on-site inspection.
Section
92
.
145.20 (3) (c) of the statutes is amended to read:
145.20
(3)
(c) If the governing body for a governmental unit responsible for the regulation of private
sewage
on-site wastewater treatment
systems does not adopt a private
sewage
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 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 (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
sewage
on-site wastewater treatment
system until the violation is corrected.
Section
93
.
145.20 (3) (d) of the statutes is amended to read:
145.20
(3)
(d) The department shall conduct training and informational programs for officials of the governmental unit responsible for the regulation of private
sewage
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
sewage
on-site wastewater treatment
system program. The department shall obtain the assistance of the Wisconsin counties association in planning and conducting the training and informational programs.
Section
94
.
145.20 (4) of the statutes is amended to read:
145.20
(4)
Special assessment for holding and septic tank pumping.
A governmental unit may assess the owner of a private
sewage
on-site wastewater treatment
system for costs related to the pumping of a septic or holding tank. The governmental unit shall make any assessment in the same manner that a city, village or town makes an assessment under s. 66.0703.
Section
95
.
145.20 (5) (a) of the statutes is amended to read:
145.20
(5)
(a) The department shall establish a maintenance program to be administered by governmental units responsible for the regulation of private
sewage
on-site wastewater treatment
systems. The department shall determine the private
sewage
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
sewage
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
sewage
on-site wastewater treatment
systems constructed in a governmental unit responsible for the regulation of private
sewage
on-site wastewater treatment
systems on or before the date on which the governmental unit adopts the program. The department shall determine the private
sewage
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).
Section
96
.
145.20 (5) (am) of the statutes is amended to read:
145.20
(5)
(am) Each governmental unit responsible for the regulation of private
sewage
on-site wastewater treatment
systems shall adopt and begin the administration of the program established under par. (a) before October 1, 2015. As part of adopting and administering the program, the governmental unit shall conduct and maintain an inventory of all the private
sewage
on-site wastewater treatment
systems located in the governmental unit and shall complete the initial inventory before October 1, 2013. In order to be eligible for grant funding under s. 145.245, a governmental unit must comply with these deadlines.
Section
97
.
145.20 (5) (b) of the statutes is amended to read:
145.20
(5)
(b) The maintenance program shall include a requirement of inspection or pumping of the private
sewage
on-site wastewater treatment
system at least once every 3 years if the private
sewage
on-site wastewater treatment
system does not have a maintenance plan as prescribed by rule by the department. 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, and the department may determine by rule other persons who are qualified to undertake required inspection, maintenance, or repairs. The department shall specify the methods to establish the required frequency of inspection, maintenance, and pumping for each type of private
sewage
on-site wastewater treatment
system that does not have a maintenance plan and shall periodically update the methods.
Section
98
.
145.20 (6) (a) 2. of the statutes is amended to read:
145.20
(6)
(a) 2. Install, design, maintain, repair, or sell a private
sewage
on-site wastewater treatment
system, component of a private
sewage
on-site wastewater treatment
system, drain field designed to serve a private
sewage
on-site wastewater treatment
system, or pipe from a private
sewage
on-site wastewater treatment
system to the immediate inside of the existing or proposed foundation wall of the building served by the private
sewage
on-site wastewater treatment
system.
Section
99
.
145.24 (1) of the statutes is amended to read:
145.24
(1)
If an existing private
sewage
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
sewage
on-site wastewater treatment
system may petition the department for a variance to the siting or design standards.
Section
100
.
145.24 (2) of the statutes is amended to read:
145.24
(2)
The department shall establish procedures for the review and evaluation of existing private
sewage
on-site wastewater treatment
systems which do not comply with siting or design standards.
Section
101
.
145.24 (3) of the statutes is amended to read:
145.24
(3)
Upon receipt of a petition for a variance, the department shall require the owner of the private
sewage
on-site wastewater treatment
system to submit information necessary to evaluate the request for a variance. If the department determines that the existing private
sewage
on-site wastewater treatment
system is not a failing private
sewage
on-site wastewater treatment
system, and continued use of the existing private
sewage
on-site wastewater treatment
system will not pose a threat of contamination of waters of the state, then the department may issue a variance to allow continued use of the existing private
sewage
on-site wastewater treatment
system. The department shall rescind the variance if the existing private
sewage
on-site wastewater treatment
system becomes a failing private
sewage
on-site wastewater treatment
system or contaminates waters of the state.
Section
102
.
145.245 (title) of the statutes is amended to read:
145.245
(title)
Private
sewage
on-site wastewater treatment
system replacement or rehabilitation.
Section
103
.
145.245 (1) (a) 1. of the statutes is amended to read:
145.245
(1)
(a) 1. A determination that a private
sewage
on-site wastewater treatment
system is failing, according to the criteria under sub. (4), based on an inspection of the private
sewage
on-site wastewater treatment
system by an employee of the state or a governmental unit who is certified to inspect private
sewage
on-site wastewater treatment
systems by the department.
Section
104
.
145.245 (1) (ae) of the statutes is amended to read:
145.245
(1)
(ae) "Governmental unit" means a governmental unit responsible for the regulation of private
sewage
on-site wastewater treatment
systems. "Governmental unit" also includes a federally recognized American Indian tribe or band.
Section
105
.
145.245 (4) (intro.) of the statutes is amended to read:
145.245
(4)
Failing private
sewage
on-site wastewater treatment
systems.
(intro.) The department shall establish criteria for determining if a private
sewage
on-site wastewater treatment
system is a failing private
sewage
on-site wastewater treatment
system. A failing private
sewage
on-site wastewater treatment
system is one which causes or results in any of the following conditions:
Section
106
.
145.245 (4) (b) of the statutes is amended to read:
145.245
(4)
(b) The introduction of sewage into zones of saturation which adversely affects the operation of a private
sewage
on-site wastewater treatment
system.
Section
107
.
145.245 (4) (e) of the statutes is amended to read:
145.245
(4)
(e) The failure to accept sewage discharges and back up of sewage into the structure served by the private
sewage
on-site wastewater treatment
system.
Section
108
.
145.245 (4m) (intro.) of the statutes is amended to read:
145.245
(4m)
Categories of failing private
sewage
on-site wastewater treatment
systems.
(intro.) For the purposes of this section, the department shall establish the category of each failing private
sewage
on-site wastewater treatment
system for which a grant application is submitted, as follows:
Section
109
.
145.245 (4m) (a) of the statutes is amended to read:
145.245
(4m)
(a) Category 1: failing private
sewage
on-site wastewater treatment
systems described in sub. (4) (a) to (c).
Section
110
.
145.245 (4m) (b) of the statutes is amended to read:
145.245
(4m)
(b) Category 2: failing private
sewage
on-site wastewater treatment
systems described in sub. (4) (d).
Section
111
.
145.245 (4m) (c) of the statutes is amended to read:
145.245
(4m)
(c) Category 3: failing private
sewage
on-site wastewater treatment
systems described in sub. (4) (e).
Section
112
.
145.245 (5) (a) 1. of the statutes is amended to read:
145.245
(5)
(a) 1. A person is eligible for grant funds under this section if he or she owns a principal residence which is served by a category 1 or 2 failing private
sewage
on-site wastewater treatment
system, if the private
sewage
on-site wastewater treatment
system was installed before July 1, 1978, if the family income of the person does not exceed the income limitations under par. (c), if the amount of the grant determined under sub. (7) is at least $100, if the residence is not located in an area served by a sewer and if determination of failure is made prior to the rehabilitation or replacement of the failing private
sewage
on-site wastewater treatment
system.
Section
113
.
145.245 (5) (a) 2. of the statutes is amended to read:
145.245
(5)
(a) 2. A business is eligible for grant funds under this section if it owns a small commercial establishment which is served by a category 1 or 2 failing private
sewage
on-site wastewater treatment
system, if the private
sewage
on-site wastewater treatment
system was installed before July 1, 1978, if the gross revenue of the business does not exceed the limitation under par. (d), if the small commercial establishment is not located in an area served by a sewer and if a determination of failure is made prior to the rehabilitation or replacement of the private
sewag
e
on-site wastewater treatment
system.
Section
114
.
145.245 (5) (a) 3. of the statutes is amended to read:
145.245
(5)
(a) 3. A person who owns a principal residence or small commercial establishment which is served by a category 1 or 2 failing private
sewage
on-site wastewater treatment
system may submit an application for grant funds during the 3-year period after the determination of failure is made. Grant funds may be awarded after work is completed if rehabilitation or replacement of the system meets all requirements of this section and rules promulgated under this section.
Section
115
.
145.245 (5m) (a) of the statutes is amended to read:
145.245
(5m)
(a) The department or a governmental unit shall deny a grant application under this section if the applicant or a person who would be directly benefited by the grant intentionally caused the conditions which resulted in a category 1 or 2 failing private
sewage
on-site wastewater treatment
system. The department or governmental unit shall notify the applicant in writing of a denial, including the reason for the denial.
Section
116
.
145.245 (6) (a) of the statutes is amended to read:
145.245
(6)
(a) Except for grants under par. (b), funds available under a grant under this section shall be applied to the rehabilitation or replacement of the private
sewage
on-site wastewater treatment
system. An existing private
sewage
on-site wastewater treatment
system may be replaced by an alternative private
sewage
on-site wastewater treatment
system or by a system serving more than one principal residence.
Section
117
.
145.245 (6) (b) of the statutes is amended to read:
145.245
(6)
(b) Funds available under a grant under this section for experimental private
sewage
on-site wastewater treatment
systems shall be applied to the installation and monitoring of the experimental private
sewage
on-site wastewater treatment
systems.
Section
118
.
145.245 (7) (a) of the statutes is amended to read:
145.245
(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
sewage
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.
Section
119
.
145.245 (7) (b) of the statutes is amended to read:
145.245
(7)
(b) 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
sewage
on-site wastewater treatment
system by the least costly methods, except that a holding tank may not be used as the measure of the least costly method for rehabilitating or replacing a private
sewage
on-site wastewater treatment
system other than a holding tank.
Section
120
.
145.245 (7) (c) of the statutes is amended to read:
145.245
(7)
(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
sewage
on-site wastewater treatment
system or to the amount determined by the department based upon private
sewage
on-site wastewater treatment
system grant funding tables, whichever is less. The department shall prepare and publish private
sewage
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
sewage
on-site wastewater treatment
system based upon minimum size and other requirements specified in the state plumbing code promulgated under s. 145.02. The maximum state share limitations shall be designed to pay approximately 60% of the average allowable cost of private
sewage
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
sewage
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.
Section
121
.
145.245 (7) (d) of the statutes is amended to read:
145.245
(7)
(d) Except as provided in par. (e), if the income of a person who owns a principal residence that is served by a category 1 or 2 failing private
sewage
on-site wastewater treatment
system is greater than $32,000, the amount of the grant under this section is limited to the amount determined under par. (c) less 30% of the amount by which the person's income exceeds $32,000.
Section
122
.
145.245 (7) (e) of the statutes is amended to read:
145.245
(7)
(e) Costs allowable for experimental private
sewage
on-site wastewater treatment
systems shall include the costs of installing and monitoring experimental private
sewage
on-site wastewater treatment
systems installed under s. 145.02 (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
sewage
on-site wastewater treatment
systems that the department funds under this section.
Section
123
.
145.245 (8) (a) of the statutes is amended to read:
145.245
(8)
(a) In order to be eligible for a grant under this section, a governmental unit shall make an application for replacement or rehabilitation of private
sewage
on-site wastewater treatment
systems of principal residences or small commercial establishments and shall submit an application for participation to the department. The application shall be in the form and include the information the department prescribes. In order to be eligible for funds available in a fiscal year, an application is required to be received by the department prior to February 1 of the previous fiscal year.
Section
124
.
145.245 (9) (b) of the statutes is amended to read:
145.245
(9)
(b) Certify that grants will be used for private
sewage
on-site wastewater treatment
system replacement or rehabilitation for a principal residence or small commercial establishment owned by a person who meets the eligibility requirements under sub. (5), that the funds will be used as provided under sub. (6) and that allowable costs will not exceed the amount permitted under sub. (7);
Section
125
.
145.245 (9) (c) of the statutes is amended to read:
145.245
(9)
(c) Certify that grants will be used for private
sewage
on-site wastewater treatment
systems which will be properly installed and maintained;
Section
126
.
145.245 (9) (e) of the statutes is amended to read:
145.245
(9)
(e) Establish a process for regulation and inspection of private
sewage
on-site wastewater treatment
systems;
Section
127
.
145.245 (11) (e) of the statutes is amended to read:
145.245
(11)
(e)
Limitation; experimental private
sewage
on-site wastewater treatment
systems.
The department may not allocate more than 10% of the funds available under this subsection each fiscal year for grants for the installation and monitoring of experimental private
sewage
on-site wastewater treatment
systems.
Section
128
.
145.245 (11m) (b) of the statutes is amended to read:
145.245
(11m)
(b) Except as provided in par. (d), if funds are sufficient to fully fund all category 1 but not all category 2 failing private
sewage
on-site wastewater treatment
systems, the department shall fully fund all category 1 systems and prorate the funds for category 2 systems on a proportional basis.
Section
129
.
145.245 (11m) (c) of the statutes is amended to read:
145.245
(11m)
(c) Except as provided in par. (d), if funds are not sufficient to fully fund all category 1 failing private
sewage
on-site wastewater treatment
systems, the department shall fund the category 1 systems on a proportional basis and deny the grant applications for all category 2 systems.
Section
130
.
145.245 (11m) (d) of the statutes is amended to read:
145.245
(11m)
(d) The department is not required to prorate available funds for grants for the installation and monitoring of experimental private
sewage
on-site wastewater treatment
systems.
Section
131
.
145.245 (13) of the statutes is amended to read:
145.245
(13)
Inspection.
Agents of the department or the governmental unit may enter premises where private
sewage
on-site wastewater treatment
systems are located pursuant to a special inspection warrant as required under s. 66.0119, to collect samples, records and information and to ascertain compliance with the rules and orders of the department or the governmental unit.
Section
132
.
145.245 (14) (d) of the statutes is amended to read:
145.245
(14)
(d) Additional grants under this section to a governmental unit previously awarded a grant under this section may be suspended or terminated if the department finds that a private
sewage
on-site wastewater treatment
system previously funded in the governmental unit is not being or has not been properly rehabilitated, constructed, installed or maintained.
Section
134
.
160.255 (title) of the statutes is amended to read:
160.255
(title)
Exceptions for private
sewage
on-site wastewater treatment
systems.
Section
135
.
160.255 (1) of the statutes is amended to read:
160.255
(1)
In this section, "private
sewage
on-site wastewater treatment
system" has the meaning given in s. 145.01 (12).
Section
136
.
160.255 (2) of the statutes is amended to read:
160.255
(2)
Notwithstanding s. 160.19 (1), (2) and (4) (b), a regulatory agency is not required to promulgate or amend rules that define design or management criteria for private
sewage
on-site wastewater treatment
systems to minimize the amount of nitrate in groundwater or to maintain compliance with the preventive action limit for nitrate.
Section
137
.
160.255 (3) of the statutes is amended to read:
160.255
(3)
Notwithstanding s. 160.19 (3), a regulatory agency may promulgate rules that define design or management criteria for private
sewage
on-site wastewater treatment
systems that permit the enforcement standard for nitrate to be attained or exceeded at the point of standards application.
Section
138
.
160.255 (4) of the statutes is amended to read:
160.255
(4)
Notwithstanding s. 160.21, a regulatory agency is not required to promulgate rules that set forth responses that the agency may take, or require to be taken, when the preventive action limit or enforcement standard for nitrate is attained or exceeded at the point of standards application if the source of the nitrate is a private
sewage
on-site wastewater treatment
system.
Section
139
.
160.255 (5) of the statutes is amended to read:
160.255
(5)
Notwithstanding ss. 160.23 and 160.25, a regulatory agency is not required to take any responses for a specific site at which the preventive action limit or enforcement standard for nitrate is attained or exceeded at the point of standards application if the source of the nitrate is a private
sewage
on-site wastewater treatment
system.
Section
140
.
168.11 (1) (b) 1. of the statutes is amended to read:
168.11
(1)
(b) 1. A device that dispenses a gasoline-ethanol fuel blend for sale at retail shall be marked or labeled with the percentage of ethanol
, using one-half inch high letters with a stroke of not less than one-eighth inch in width,
at all times when the product is offered for sale.
Section
141
.
200.21 (11) of the statutes is amended to read:
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
sewage
on-site wastewater treatment
system, as defined in s. 145.01 (12), or any local sewer.
Section
142
.
200.29 (1) (c) 3. a. of the statutes is amended to read:
200.29
(1)
(c) 3. a. The weight to be given to the need for private
sewage
on-site wastewater treatment
systems, as defined in s. 145.01 (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.
236.13
(2m)
As a further condition of approval when lands included in the plat lie within 500 feet of the ordinary high-water mark of any navigable stream, lake or other body of navigable water or if land in the proposed plat involves lake or stream shorelands referred to in s. 236.16, the department of natural resources, to prevent pollution of navigable waters, or the department of safety and professional services, to protect the public health and safety, may require assurance of adequate drainage areas for private
sewage disposal
on-site wastewater treatment
systems and building setback restrictions, or provisions by the owner for public sewage disposal facilities for waters of the state, as defined in s. 281.01 (18), industrial wastes, as defined in s. 281.01 (5), and other wastes, as defined in s. 281.01 (7). The public sewage disposal facilities may consist of one or more systems as the department of natural resources or the department of safety and professional services determines on the basis of need for prevention of pollution of the waters of the state or protection of public health and safety.
Section
144
.
281.41 (3) (a) of the statutes is amended to read:
281.41
(3)
(a) In this subsection, "septage service area" means the area containing private
sewage
on-site wastewater treatment
systems served or anticipated to be served by a sewage disposal plant during the planning period.
Section
145
.
281.41 (3) (b) 3. of the statutes is amended to read:
281.41
(3)
(b) 3. The location of private
sewage
on-site wastewater treatment
systems within the septage service area, and the distances required to haul septage for disposal either on land or in the sewage disposal plant.
Section
146
.
281.41 (3) (b) 4. of the statutes is amended to read:
281.41
(3)
(b) 4. The potential for contracts with private
sewage
on-site wastewater treatment
system owners, licensed disposers, as defined in s. 281.49 (1) (b), or municipalities to assure delivery of septage to the sewage disposal plant.
Section
147
.
281.48 (2) (bm) of the statutes is amended to read:
281.48
(2)
(bm) "Private
sewage
on-site wastewater treatment
system" has the meaning given in s. 145.01 (12).
Section
148
.
281.48 (2) (d) of the statutes is amended to read:
281.48
(2)
(d) "Septage" means the scum, liquid, sludge or other waste in a septic tank, soil absorption field, holding tank, grease interceptor, privy, or other component of a private
sewage
on-site wastewater treatment
system.
Section
149
.
281.48 (2) (f) of the statutes is amended to read:
281.48
(2)
(f) "Servicing" means removing septage from a septic tank, soil absorption field, holding tank, grease interceptor, privy, or other component of a private
sewage
on-site wastewater treatment
system and disposing of the septage.
Section
150
.
281.48 (2) (g) of the statutes is amended to read:
281.48
(2)
(g) "Soil absorption field" means an area or cavity in the ground which receives the liquid discharge of a septic tank or similar component of a private
sewage
on-site wastewater treatment
system.
Section
151
.
281.48 (2m) of the statutes is amended to read:
281.48
(2m)
Powers of the department.
The department has general supervision and control of servicing septic tanks, soil absorption fields, holding tanks, grease interceptors, privies, and other components of private
sewage
on-site wastewater treatment
systems.
Section
152
.
281.48 (3) (e) of the statutes is amended to read:
281.48
(3)
(e)
Operator certification.
No person, except for a farmer exempted from licensing under par. (d), may service a private
sewage
on-site wastewater treatment
system or operate a septage servicing vehicle unless the person is certified as an operator of a septage servicing vehicle under s. 281.17 (3).
Section
153
.
281.48 (4g) of the statutes is amended to read:
281.48
(4g)
Rules on servicing.
The department shall promulgate rules relating to servicing septic tanks, soil absorption fields, holding tanks, grease interceptors, privies, and other components of private
sewage
on-site wastewater treatment
systems in order to protect the public health against unsanitary and unhealthful practices and conditions, and to protect the surface waters and groundwaters of the state from contamination by septage. The rules shall comply with ch. 160. The rules shall apply to all septage disposal, whether undertaken pursuant to a license or a license exemption under sub. (3). The rules shall require each person with a license under sub. (3) to maintain records of the location of private
sewage
on-site wastewater treatment
systems serviced and the volume of septage disposed of and location of that disposal.
Section
154
.
281.59 (1m) (c) of the statutes is amended to read:
281.59
(1m)
(c) There is established a private
sewage
on-site wastewater treatment
system replacement and rehabilitation loan program, administered under s. 145.245 (12m).
Section
155
.
281.68 (3) (a) 2. f. of the statutes is amended to read:
281.68
(3)
(a) 2. f. Providing programs and materials that promote the monitoring of private
sewage
on-site wastewater treatment
systems, the reduction in the use of environmentally harmful chemicals, water safety, and the protection of natural lake ecosystems.
Section
156
.
440.03 (13) (am) of the statutes is created to read:
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.
Section
157
.
440.19 of the statutes is created to read:
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 may voluntarily surrender that license, permit, or certificate of certification or registration. The department, examining board, affiliated credentialing board, or board of the department that issued the license, permit, or certificate of certification or registration 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.
Section
158
.
440.21 (4) (a) of the statutes is amended to read:
440.21
(4)
(a)
Any
Notwithstanding any other provision of chs. 440 to 480 relating to fines, forfeitures, or imprisonment, any
person who violates a special order issued under sub. (2) may be required to forfeit not more than $10,000 for each offense. Each day of continued violation constitutes a separate offense. The attorney general or any district attorney may commence an action in the name of the state to recover a forfeiture under this paragraph.
Section
159
.
440.21 (4) (b) of the statutes is amended to read:
440.21
(4)
(b)
Any
Notwithstanding any other provision of chs. 440 to 480 relating to fines, forfeitures, or imprisonment, any
person who violates a temporary restraining order or an injunction issued by a court upon a petition under sub. (3) may be fined not less than $25 nor more than $5,000 or imprisoned for not more than one year in the county jail or both.
Section
160
.
440.26 (2) (c) 5. of the statutes is created to read:
440.26
(2)
(c) 5. The department may, based on rules adopted by the department, refuse to issue a license under this section to an individual who has committed any of the acts described in sub. (6) (a) 1. to 5.
Section
161
.
440.26 (4) of the statutes is amended to read:
440.26
(4)
Bonds or liability policies required.
No license may be issued under this section until a bond or liability policy, approved by the department, in the amount of $100,000 if the applicant for the license is a private detective agency and includes all principals, partners, members or corporate officers, or in the amount of $2,000 if the applicant is a private detective, has been executed and filed with the department. Such bonds or liability policies shall be furnished by an insurer authorized to do a surety business in this state in a form approved by the department.
The person shall maintain the bond or liability policy during the period that the license is in effect.
Section
162
.
440.26 (5m) (am) of the statutes is created to read:
440.26
(5m)
(am) The department may refuse to issue a private security permit to a person who has been convicted of a misdemeanor or found to have violated any state or local law that is punishable by a forfeiture, subject to ss. 111.321, 111.322, and 111.335.
Section
163
.
440.26 (6) (a) 5. of the statutes is created to read:
440.26
(6)
(a) 5. Failed to maintain a bond or liability policy as required under sub. (4).
Section
164
.
440.91 (2) (intro.) of the statutes is amended to read:
440.91
(2)
(intro.) Except as provided in sub. (10), every
person that
individual who
sells or solicits the sale of, or that expects to sell or solicit the sale of, 20 or more cemetery lots or mausoleum spaces per year during 2 consecutive calendar years shall be licensed by the board.
A person
An individual
may not be licensed as a cemetery salesperson except upon the written request of a cemetery authority and the payment of the initial credential fee determined by the department under s. 440.03 (9) (a). The cemetery authority shall certify in writing to the board that the
person
individual
is competent to act as a cemetery salesperson. An applicant for licensure as a cemetery salesperson shall furnish to the board, in such form as the board prescribes, all of the following information:
Section
165
.
440.91 (2) (a) of the statutes is amended to read:
440.91
(2)
(a) The name and address of the applicant
and, if the applicant is a business entity, the name and address of each business representative
.
Section
166
.
440.91 (8) of the statutes is repealed.
Section
167
.
443.01 (2) of the statutes is amended to read:
443.01
(2)
"Engineer-in-training" means a person who is a graduate in an engineering curriculum of 4 years or more from a school or college approved by the
professional engineer section of the
examining board as of satisfactory standing, or a person who has had 4 years or more of experience in engineering work of a character satisfactory to the
examining board
professional engineer section
; and who, in addition, has successfully passed the examination in the fundamental engineering subjects prior to the completion of the requisite years in engineering work, as provided in s. 443.05, and who has been granted a certificate of record by the
examining board
professional engineer section
stating that the person has successfully passed this portion of the professional examinations.
Section
168
.
443.015 (title) of the statutes is amended to read:
443.015
(title)
Examining board to establish continuing education requirements
; promulgate rules
.
Section
169
.
443.015 of the statutes is renumbered 443.015 (1) and amended to read:
443.015
(1)
The
Each section of the
examining board may establish continuing education requirements for renewal of a credential issued
by that section
under this chapter.
Section
170
.
443.015 (2) of the statutes is created to read:
443.015
(2)
Each section of the examining board may promulgate rules governing the professional conduct of individuals, firms, partnerships, and corporations registered, permitted, certified, or granted a certificate of authorization by that section.
Section
171
.
443.03 (1) (intro.) of the statutes is amended to read:
443.03
(1)
(intro.) An applicant for registration as an architect shall submit
as
satisfactory evidence to the
architect section of the
examining board
all of the following
:
Section
172
.
443.03 (1) (a) of the statutes is amended to read:
443.03
(1)
(a) That he or she has acquired a thorough knowledge of sound construction, building hygiene, architectural design and mathematics
; and
.
Section
173
.
443.03 (1) (b) (intro.) of the statutes is created to read:
443.03
(1)
(b) (intro.) One of the following:
Section
174
.
443.03 (1) (b) 1. of the statutes is renumbered 443.03 (1) (b) 1m. and amended to read:
443.03
(1)
(b) 1m. A diploma of graduation, or a certificate, from an architectural school or college approved by the
examining board
architect section
as of satisfactory standing, together with at least 2 years' practical experience of a character satisfactory to the
examining board
architect section
in the design and construction of buildings
; or
.
Section
175
.
443.03 (1) (b) 2. of the statutes is amended to read:
443.03
(1)
(b) 2. A specific record of 7 or more years of experience in architectural work of a character satisfactory to the
examining board
architect section
in the design and construction of buildings.
Section
176
.
443.03 (2) of the statutes is amended to read:
443.03
(2)
Graduation in architecture from a school or college approved by the
examining board
architect section
as of satisfactory standing shall be considered as equivalent to 5 years of experience, and the completion satisfactory to the
examining board
architect section
of each year of work in architecture in such school or college without graduation shall be considered equivalent to one year of experience. Graduation in a course other than architecture from a school or college approved by the
examining board
architect section
as of satisfactory standing shall be considered as equivalent to not more than 4 years of experience.
Section
177
.
443.035 (intro.) of the statutes is amended to read:
443.035
Registration requirements for landscape architects.
(intro.) The
landscape architect section of the
examining board shall register as a landscape architect an individual who does all of the following:
Section
178
.
443.035 (1) of the statutes is amended to read:
443.035
(1)
Submits to the department evidence satisfactory to the
examining board
landscape architect section
of any of the following:
(a) That he or she has a bachelor's degree in landscape architecture, or a master's degree in landscape architecture, from a curriculum approved by the
examining board
landscape architect section
and has at least 2 years of practical experience in landscape architecture of a character satisfactory to the
examining board
landscape architect section
.
(b) That he or she has a specific record of at least 7 years of training and experience in the practice of landscape architecture including at least 2 years of courses in landscape architecture approved by the
examining board
landscape architect section
, and 4 years of practical experience in landscape architecture of a character satisfactory to the
examining board
landscape architect section
.
Section
179
.
443.04 of the statutes is amended to read:
443.04
Registration requirements for professional engineers.
An applicant for registration as a professional engineer shall submit satisfactory evidence to the
professional engineer section of the
examining board of all of the following:
(1m)
A diploma of graduation, or a certificate, from an engineering school or college approved by the
examining board
professional engineer section
as of satisfactory standing in an engineering course of not less than 4 years or a diploma of graduation or degree from a technical college approved by the
examining board
professional engineer section
as of satisfactory standing in an engineering-related course of study of not less than 2 years.
(2m)
(a) For an applicant possessing a diploma or certificate from a course of study of not less than 4 years as specified in sub. (1m), a specific record of 4 or more years of experience in engineering work of a character satisfactory to the
examining board
professional engineer section
and indicating that the applicant is competent to be placed in responsible charge of engineering work.
(b) For an applicant possessing a diploma or degree from a course of study of not less than 2 years as specified in sub. (1m), a specific record of 6 or more years of experience in engineering work of a character satisfactory to the
examining board
professional engineer section
and indicating that the applicant is competent to be placed in responsible charge of engineering work.
Section
180
.
443.05 (1) (intro.), (a) and (b) and (2) of the statutes are amended to read:
443.05
(1)
An applicant for certification as an engineer-in-training shall submit
as
satisfactory evidence to the
professional engineer section of the
examining board
as follows
one of the following
:
(a) A diploma of graduation in engineering or a certificate in engineering from a school or college approved by the
examining board
professional engineer section
as of satisfactory standing
, or
.
(b) A specific record of 4 years or more of experience in engineering work of a character satisfactory to the
examining board
professional engineer section
.
(2)
Graduation in engineering from a school or college approved by the
examining board
professional engineer section
as of satisfactory standing shall be considered as equivalent to 4 years of experience and the completion satisfactory to the
examining board
professional engineer section
of each year of work in engineering in such school or college without graduation shall be considered as equivalent to one year of experience. Graduation in a course other than engineering from a school or college approved by the
examining board
professional engineer section
as of satisfactory standing shall be considered as equivalent to 2 years of experience. No applicant may receive credit for more than 4 years of experience under this subsection.
Section
181
.
443.06 (1) (a) of the statutes is amended to read:
443.06
(1)
(a) Application for registration as a land surveyor or a permit to practice shall be made to the section under oath, on forms provided by the department, which shall require the applicant to submit such information as the
land surveyor
section
of the examining board
deems necessary. The
land surveyor
section may require applicants to pass written or oral examinations or both. Applicants who do not have an arrest or conviction record, subject to ss. 111.321, 111.322
,
and 111.335, shall be entitled to be registered or issued a permit to practice as land surveyors when satisfactory evidence is submitted that the applicant has met one or more of the requirements of sub. (2).
Section
182
.
443.06 (2) (intro.) of the statutes is amended to read:
443.06
(2)
Requirements; certificate of registration.
(intro.) The
land surveyor
section may grant a certificate of registration as a land surveyor to any person who has submitted to it an application, the required fees
,
and one or more of the following:
Section
183
.
443.06 (3) of the statutes is amended to read:
443.06
(3)
Permit to practice.
The
examining board
land surveyor section
may grant a permit to practice land surveying during the time an application is pending to a person who is not registered in this state, if the person has submitted an application for registration as a land surveyor and paid the required fee and holds an unexpired certificate which in the opinion of the
examining board
land surveyor section
meets the requirements of sub. (2). The permit shall be revocable by the
land surveyor
section at its pleasure.
Section
184
.
443.07 (1) (intro.) of the statutes is amended to read:
443.07
(1)
(intro.) An applicant for a permit as a designer shall submit
as
evidence satisfactory to the
designer section of the examining
board
indicating
one of the following to indicate
that he or she is competent to be in charge of such work
as follows
:
Section
185
.
443.07 (1) (a) of the statutes is amended to read:
443.07
(1)
(a) A specific record of 8 years or more of experience in specialized engineering design work and the satisfactory completion of a written examination in the field or branch, as determined by the
board
designer section
, in which certification is sought
; or
.
Section
186
.
443.07 (3) of the statutes is amended to read:
443.07
(3)
Permits shall be granted, designated
,
and limited to the fields and subfields of technology as are determined by the
examining board
designer section
and recognized in engineering design practice. Any person holding a permit may prepare plans and specifications and perform consultation, investigation
,
and evaluation in connection with the making of plans and specifications, within the scope of the permit, notwithstanding that such activity constitutes the practice of architecture or professional engineering under this chapter.
Section
187
.
443.07 (5) of the statutes is amended to read:
443.07
(5)
The permit shall, on its face, restrict the holder thereof to the specific field and subfields of designing in which the permittee acquired his or her experience in designing. If qualified in more than one type of designing, persons may receive permits for more than one field or subfield of designing as may be determined by the
examining board
designer section
.
Section
188
.
443.08 (1) of the statutes is renumbered 443.08 (1) (a) and amended to read:
443.08
(1)
(a) The practice of architecture
or professional engineering
pertaining to the internal operations of a firm, partnership
,
or corporation may be performed by employees if the architectural
or professional engineering
services are performed by or under the direct supervision of architects
or professional engineers
registered under this chapter, or persons exempt from registration under s. 443.14. Registered or exempt architectural
or professional engineering
employees may provide architectural
or professional engineering
data with respect to the manufacture, sale
,
and utilization of the products of the firm, partnership
,
or corporation to other registered or exempt architects
or professional engineers
.
Section
189
.
443.08 (1) (b) of the statutes is created to read:
443.08
(1)
(b) The practice of professional engineering pertaining to the internal operations of a firm, partnership, or corporation may be performed by employees if the professional engineering services are performed by or under the direct supervision of professional engineers registered under this chapter, or persons exempt from registration under s. 443.14. Registered or exempt professional engineering employees may provide professional engineering data with respect to the manufacture, sale, and utilization of the products of the firm, partnership, or corporation to other registered or exempt professional engineers.
Section
190
.
443.08 (2) of the statutes is renumbered 443.08 (2) (a) (intro.) and amended to read:
443.08
(2)
(a) (intro.)
The
No individual architect registered under this chapter may
practice
of
or
the
offer to practice architecture,
professional engineering or designing by individual architects, professional engineers or designers
registered or granted a permit under this chapter, through a firm, partnership or corporation
as
principals, officers, employees or agents, is permitted subject to this chapter, if
a principal, officer, employee, or agent of a firm, partnership, or corporation unless
all
of the following are satisfied:
1. All
personnel who practice or offer to practice in its behalf as architects
, professional engineers or designers
are registered
or granted a permit
under this chapter
and if the
.
2. The
firm, partnership
,
or corporation has been issued a certificate of authorization under sub. (3)
(a) 1
.
Section
191
.
443.08 (2) (b) of the statutes is created to read:
443.08
(2)
(b) No individual professional engineer registered under this chapter may practice or offer to practice professional engineering as a principal, officer, employee, or agent of a firm, partnership, or corporation unless all of the following are satisfied:
1. All personnel who practice or offer to practice in its behalf as professional engineers are registered under this chapter.
2. The firm, partnership, or corporation has been issued a certificate of authorization under sub. (3) (a) 2.
Section
192
.
443.08 (2) (c) of the statutes is created to read:
443.08
(2)
(c) No individual designer granted a permit under this chapter may practice or offer to practice designing as a principal, officer, employee, or agent of a firm, partnership, or corporation unless all of the following are satisfied:
1. All personnel who practice or offer to practice in its behalf as designers are granted a permit under this chapter.
2. The firm, partnership, or corporation has been issued a certificate of authorization under sub. (3) (a) 3.
Section
193
.
443.08 (3) (a) of the statutes is renumbered 443.08 (3) (a) 1. and amended to read:
443.08
(3)
(a) 1. A firm, partnership
,
or corporation desiring a certificate of authorization shall submit an application to the department on forms provided by the department, listing the names and addresses of all officers and directors, and all individuals in its employment registered
or granted a permit
to practice architecture
, professional engineering or designing
in this state who will be in responsible charge of architecture
, professional engineering or designing
being practiced in this state through the firm, partnership
,
or corporation and other relevant information required by the
architect section of the
examining board. A similar type of form shall also accompany the renewal fee. If there is a change in any of these persons, the change shall be reported on the same type of form, and filed with the department within 30 days after the effective date of the change. The
examining board
architect section
shall grant a certificate of authorization to a firm, partnership
,
or corporation complying with this subsection upon payment of the initial credential fee determined by the department under s. 440.03 (9) (a). This subsection does not apply to firms, partnerships
,
or corporations exempt under s. 443.14 (3) or (5).
Section
194
.
443.08 (3) (a) 2. of the statutes is created to read:
443.08
(3)
(a) 2. A firm, partnership, or corporation desiring a certificate of authorization shall submit an application to the department on forms provided by the department, listing the names and addresses of all officers and directors, and all individuals in its employment registered to practice professional engineering in this state who will be in responsible charge of professional engineering being practiced in this state through the firm, partnership, or corporation and other relevant information required by the professional engineer section of the examining board. A similar type of form shall also accompany the renewal fee. If there is a change in any of these persons, the change shall be reported on the same type of form, and filed with the department within 30 days after the effective date of the change. The professional engineer section shall grant a certificate of authorization to a firm, partnership, or corporation complying with this subsection upon payment of the initial credential fee determined by the department under s. 440.03 (9) (a). This subsection does not apply to firms, partnerships, or corporations exempt under s. 443.14 (3) or (5).
Section
195
.
443.08 (3) (a) 3. of the statutes is created to read:
443.08
(3)
(a) 3. A firm, partnership, or corporation desiring a certificate of authorization shall submit an application to the department on forms provided by the department, listing the names and addresses of all officers and directors, and all individuals in its employment granted a permit to practice designing in this state who will be in responsible charge of designing being practiced in this state through the firm, partnership, or corporation and other relevant information required by the designer section of the examining board. A similar type of form shall also accompany the renewal fee. If there is a change in any of these persons, the change shall be reported on the same type of form, and filed with the department within 30 days after the effective date of the change. The designer section shall grant a certificate of authorization to a firm, partnership, or corporation complying with this subsection upon payment of the initial credential fee determined by the department under s. 440.03 (9) (a). This subsection does not apply to firms, partnerships, or corporations exempt under s. 443.14 (3) or (5).
Section
196
.
443.08 (4) (a) of the statutes is renumbered 443.08 (4) (a) 1. and amended to read:
443.08
(4)
(a) 1. No firm, partnership
,
or corporation may be relieved of responsibility for the conduct or acts of its agents, employees
,
or officers by reason of its compliance with this chapter, nor may any individual practicing architecture
, landscape architecture, professional engineering or designing
be relieved of responsibility for architectural
, landscape architectural, professional engineering or designing
services performed by reason of his or her employment or relationship with the firm, partnership
,
or corporation.
Section
197
.
443.08 (4) (a) 2. of the statutes is created to read:
443.08
(4)
(a) 2. No firm, partnership, or corporation may be relieved of responsibility for the conduct or acts of its agents, employees, or officers by reason of its compliance with this chapter, nor may any individual practicing landscape architecture be relieved of responsibility for landscape architectural services performed by reason of his or her employment or relationship with the firm, partnership, or corporation.
Section
198
.
443.08 (4) (a) 3. of the statutes is created to read:
443.08
(4)
(a) 3. No firm, partnership, or corporation may be relieved of responsibility for the conduct or acts of its agents, employees, or officers by reason of its compliance with this chapter, nor may any individual practicing professional engineering be relieved of responsibility for professional engineering services performed by reason of his or her employment or relationship with the firm, partnership, or corporation.
Section
199
.
443.08 (4) (a) 4. of the statutes is created to read:
443.08
(4)
(a) 4. No firm, partnership, or corporation may be relieved of responsibility for the conduct or acts of its agents, employees, or officers by reason of its compliance with this chapter, nor may any individual practicing designing be relieved of responsibility for designing services performed by reason of his or her employment or relationship with the firm, partnership, or corporation.
Section
200
.
443.08 (4) (b) of the statutes is renumbered 443.08 (4) (b) 1. and amended to read:
443.08
(4)
(b) 1. All final drawings, specifications, plans, reports
,
or other architectural
, engineering or designing
papers or documents involving the practice of architecture
, professional engineering or designing, or landscape architectural papers or documents prepared by a landscape architect registered under this chapter
, prepared for the use of a firm, partnership
,
or corporation, for delivery by it to any person
,
or for public record within the state shall be dated and bear the signature and seal of the architect
, landscape architect, professional engineer or designer
who was in responsible charge of their preparation. This paragraph does not apply to persons exempt under s. 443.14 (3), (4)
,
or (5).
Section
201
.
443.08 (4) (b) 2. of the statutes is created to read:
443.08
(4)
(b) 2. All final drawings, specifications, plans, reports, or other landscape architectural papers or documents prepared by a landscape architect registered under this chapter, prepared for the use of a firm, partnership, or corporation, for delivery by it to any person, or for public record within the state shall be dated and bear the signature and seal of the landscape architect who was in responsible charge of their preparation. This paragraph does not apply to persons exempt under s. 443.14 (3), (4), or (5).
Section
202
.
443.08 (4) (b) 3. of the statutes is created to read:
443.08
(4)
(b) 3. All final drawings, specifications, plans, reports, or other engineering papers or documents involving the practice of professional engineering, prepared for the use of a firm, partnership, or corporation, for delivery by it to any person, or for public record within the state shall be dated and bear the signature and seal of the professional engineer who was in responsible charge of their preparation. This paragraph does not apply to persons exempt under s. 443.14 (3), (4), or (5).
Section
203
.
443.08 (4) (b) 4. of the statutes is created to read:
443.08
(4)
(b) 4. All final drawings, specifications, plans, reports, or other designing papers or documents involving the practice of designing, prepared for the use of a firm, partnership, or corporation, for delivery by it to any person, or for public record within the state shall be dated and bear the signature and seal of the designer who was in responsible charge of their preparation. This paragraph does not apply to persons exempt under s. 443.14 (3), (4), or (5).
Section
204
.
443.08 (5) of the statutes is renumbered 443.08 (5) (a) and amended to read:
443.08
(5)
(a) No firm, partnership
,
or corporation may engage in the practice of or offer to practice architecture
, professional engineering or designing
in this state, or use in connection with its name
,
or otherwise assume, use or advertise any title or description tending to convey the impression that it is engaged in the practice of architecture
, professional engineering or designing
, nor may it advertise or offer to furnish an architectural
, professional engineering or designing
service, unless the firm, partnership
,
or corporation has complied with this chapter.
Section
205
.
443.08 (5) (b) of the statutes is created to read:
443.08
(5)
(b) No firm, partnership, or corporation may engage in the practice of or offer to practice professional engineering in this state, or use in connection with its name, or otherwise assume, use or advertise any title or description tending to convey the impression that it is engaged in the practice of professional engineering, nor may it advertise or offer to furnish a professional engineering service, unless the firm, partnership, or corporation has complied with this chapter.
Section
206
.
443.08 (5) (c) of the statutes is created to read:
443.08
(5)
(c) No firm, partnership, or corporation may engage in the practice of or offer to practice designing in this state, or use in connection with its name, or otherwise assume, use or advertise any title or description tending to convey the impression that it is engaged in the practice of designing, nor may it advertise or offer to furnish a designing service, unless the firm, partnership, or corporation has complied with this chapter.
Section
207
.
443.09 (4m) of the statutes is amended to read:
443.09
(4m)
No person may be registered as a landscape architect under this chapter unless he or she passes a written examination or written and oral examinations conducted or approved by the
landscape architect section of the
examining board under sub. (5).
Section
208
.
443.09 (5) of the statutes is amended to read:
443.09
(5)
Written or written and oral examinations shall be held at such time and place as the
landscape architect section of the
examining board determines. The scope of the examinations and the methods of procedure shall be prescribed by the
examining board
landscape architect section
with special reference to the applicant's ability to design and supervise architectural, landscape architectural, or engineering work, which shall promote the public welfare and ensure the safety of life, health, and property. A candidate failing an examination may, upon application and payment of the required reexamination fee, be examined again by the
examining board
landscape architect section
. No restrictions may be placed on the number of times an unsuccessful candidate may be reexamined, except that after failure of 3 reexaminations, the
examining board
landscape architect section
may require a one-year waiting period before further reexamination.
Section
209
.
443.10 (1) (a) to (d) of the statutes are amended to read:
443.10
(1)
(a) The
appropriate section of the
examining board may, upon application and the payment of the required fee, grant a certificate of registration as an architect, as a landscape architect
,
or as a professional engineer to any person who holds an unexpired certificate of similar registration issued to the person by the proper authority in any state or territory or possession of the United States or in any country in which the requirements for the registration of architects, landscape architects
,
or professional engineers are of a standard not lower than specified in this chapter.
(b) The
appropriate section of the
examining board may, upon application and payment of the required fee, grant a certificate of registration as an architect, as a landscape architect
,
or as a professional engineer to any person who holds an unrevoked card or certificate of national reciprocal registration, issued by any state, territory
,
or possession of the United States or by any country, which is in conformity with the regulations of the national council of state board of architectural, or engineering examiners, or council of landscape architectural registration boards, and who complies with the regulations of the
examining board
appropriate section
, except as to qualifications and registration fee.
(c) The
professional engineer section of the
examining board may, upon application therefor, and the payment of the required fee, grant a certificate-of-record as engineer-in-training to any person who holds an unexpired certificate of similar certification issued to the person by the proper authority in any state or territory or possession of the United States or in any country in which the requirements for the certification of engineers-in-training are of a standard not lower than specified in this chapter.
(d) The
appropriate section of the
examining board may, upon application and payment of the required fee, grant a permit to practice or to offer to practice architecture, landscape architecture, or professional engineering to a person who is not a resident of and has no established place of business in this state, or who has recently become a resident of this state, if the person holds an unexpired certificate of similar registration issued to the person by the proper authority in any state or territory or possession of the United States or in any country in which the requirements for the registration of architects, landscape architects
,
or professional engineers are of a standard not lower than specified in this chapter.
Section
210
.
443.10 (2) (c) of the statutes is amended to read:
443.10
(2)
(c) The
appropriate section of the
examining board shall grant a certificate of registration upon payment of the registration fee to any applicant who, in the opinion of the
examining board
appropriate section
, has satisfactorily met all the applicable requirements of this chapter. The certificate shall authorize the practice of architecture, landscape architecture, or professional engineering, as appropriate.
Section
211
.
443.10 (2) (d) of the statutes is amended to read:
443.10
(2)
(d) The granting of a certificate of registration by the
appropriate section of the
examining board shall be evidence that the person named in the certificate is entitled to all the rights and privileges of a registered architect, a registered landscape architect
,
or a registered professional engineer under the classification stated on the certificate, while the certificate remains unrevoked or unexpired.
Section
212
.
443.10 (2) (f) of the statutes is amended to read:
443.10
(2)
(f) The
professional engineer section of the
examining board shall grant a certificate of record as engineer-in-training to any applicant who, in the opinion of the
examining board
professional engineer section
, has satisfactorily met all the requirements of this section pertaining to engineers-in-training.
Section
213
.
443.10 (2) (h) of the statutes is amended to read:
443.10
(2)
(h) Certificates of record as engineers-in-training shall expire on July 31st of the 10th year after their issuance unless extended by the
professional engineer section of the
examining board. An application for extension shall contain evidence satisfactory to the
examining board
professional engineer section
that the applicant's professional experience has been delayed.
Section
214
.
443.10 (3) of the statutes is amended to read:
443.10
(3)
Emergency rules; limitation.
The
No section of the
examining board may
not
adopt or change, by emergency rule, any requirement for the registration of or issuance of a permit to any applicant under this chapter.
Section
215
.
443.10 (4) (a) and (b) of the statutes are amended to read:
443.10
(4)
(a) A list, showing the names and addresses of all engineers-in-training certified by the
professional engineer section of the
examining board during the period from July 1 to June 30, shall be prepared each year by the
examining board
professional engineer section
. The list shall be obtainable by purchase at cost.
(b)
The
Each section of the
examining board shall keep a record of its proceedings together with a record of all other information pertaining to its proceedings as may be deemed necessary by
that section of
the
examining
board. The records of
the
each section of the
examining board shall be prima facie evidence of the proceedings of
that section of
the examining board set forth in the records, and a transcript thereof, duly certified by the secretary of
that section of
the examining board under seal, shall be admissible in evidence with the same effect as if the original were produced.
Section
216
.
443.11 (1) (intro.) of the statutes is amended to read:
443.11
(1)
(intro.) The
appropriate section of the
examining board may reprimand an architect, landscape architect, or professional engineer or limit, suspend, or revoke the certificate of registration of any registrant, and the certificate of record of any engineer-in-training, who is found guilty of:
Section
217
.
443.11 (1) (e) of the statutes is amended to read:
443.11
(1)
(e) Any violation of the rules of professional conduct adopted and promulgated by
that section of
the examining board.
Section
218
.
443.11 (2) of the statutes is amended to read:
443.11
(2)
The
appropriate section of the
examining board may reprimand a firm, partnership
,
or corporation holding a certificate of authorization issued under this chapter or may limit, suspend
,
or revoke such a certificate if any of the agents, employees
,
or officers of the firm, partnership
,
or corporation has committed any act or has been guilty of any conduct which would authorize a reprimand or a limitation, suspension
,
or revocation of the certificate of registration of a registrant or the certificate of record of an engineer-in-training under this chapter, unless the firm, partnership
,
or corporation submits evidence satisfactory to the
appropriate section of the
examining board that the agent, employee
,
or officer is not now practicing or offering to practice architecture
, landscape architecture,
or professional engineering in its behalf.
Section
219
.
443.11 (3) of the statutes is amended to read:
443.11
(3)
Any person may make charges that any registrant, holder of a certificate of record as engineer-in-training or corporate holder of a certificate of authorization has committed an act for which a reprimand or limitation, suspension
,
or revocation of registration is authorized under sub. (1). Such charges shall be in writing, shall be sworn to by the person making them and shall be submitted to the
appropriate section of the
examining board. The
appropriate section of the
examining board may, on its own motion, make such charges. All charges, unless dismissed by the
appropriate section of the
examining board as unfounded or trivial, shall be heard by the appropriate section of the examining board, subject to the rules promulgated under s. 440.03 (1).
Section
220
.
443.11 (4) of the statutes is amended to read:
443.11
(4)
If after a hearing under sub. (3), 3 members of a section of the examining board vote in favor of sustaining charges specified in sub. (3), the
appropriate section of the
examining board shall reprimand or limit, suspend
,
or revoke the certificate of registration of the registered architect, registered landscape architect
,
or registered professional engineer, the certificate of record of the holder of a certificate as engineer-in-training, or the certificate of authorization of a firm, partnership
,
or corporation.
Section
221
.
443.11 (5) of the statutes is amended to read:
443.11
(5)
The
action
actions
of
each section of
the examining board
under this section
shall be subject to review in the manner provided in ch. 227.
Section
222
.
443.11 (6) of the statutes is amended to read:
443.11
(6)
The
appropriate section of the
examining board, for reasons
the appropriate section of the examining board
it
considers sufficient, may reissue a certificate of registration or a certificate of record to any person, or a certificate of authorization to any firm, partnership
,
or corporation, whose certificate has been revoked
, except for a certificate revoked
under
s. 440.12,
this section
if 3 members of the section
of the examining board
vote in favor of such reissuance. Subject to the rules of the examining board, the
appropriate section of the
examining board may, upon payment of the required fee, issue a new certificate of registration, certificate of record or certificate of authorization, to replace any certificate that is revoked, lost, destroyed or mutilated.
Section
223
.
443.13 of the statutes is renumbered 443.13 (1) (intro.) and amended to read:
443.13
(1)
(intro.) The
designers' section of the
examining board may limit, suspend
,
or revoke a permit or reprimand the permittee if the permittee is guilty of
fraud
any of the following:
(a) Fraud
or deceit in obtaining the permit
, gross
.
(b) Gross
negligence, incompetency
,
or misconduct in practice
, signing
.
(c) Signing
documents not prepared by the permittee or under the permittee's control
, knowingly
.
(d) Knowingly
aiding or abetting unauthorized designing of engineering systems as stated in s. 443.07 (3) by persons not granted permits under this chapter
or conviction
.
(e) Conviction
of a felony, subject to ss. 111.321, 111.322
,
and 111.335, or adjudication of mental incompetency by a court of competent jurisdiction.
(2)
If, after a hearing conducted under the rules promulgated under s. 440.03 (1) before the designers' section of the examining board, two-thirds of the members of the section vote in favor of sustaining the charges, the
designers' section of the
examining board shall reprimand the permittee or limit, suspend
,
or revoke the permit. The action of the
designers' section of the
examining board
under this section
is subject to review under ch. 227.
Section
224
.
443.14 (1) of the statutes is renumbered 443.14 (1) (a) and amended to read:
443.14
(1)
(a) An employee of a person holding a certificate of registration
in this state
in architecture under s. 443.10
who is engaged in the practice of architecture
or professional engineering
and an employee of a person temporarily exempted from registration
in architecture under this section
, if the practice
of the employee
does not include responsible charge of architecture
or professional engineering
practice.
Section
225
.
443.14 (1) (b) of the statutes is created to read:
443.14
(1)
(b) An employee of a person holding a certificate of registration in professional engineering under s. 443.10 who is engaged in the practice of professional engineering and an employee of a person temporarily exempted from registration in professional engineering under this section, if the practice of the employee does not include responsible charge of professional engineering practice.
Section
226
.
443.14 (4) of the statutes is renumbered 443.14 (4) (a) and amended to read:
443.14
(4)
(a) Any person who practices architecture
or professional engineering
, exclusively as a regular employee of a private company or corporation, by rendering to the company or corporation architectural
or professional engineering
services in connection with its operations, so long as the person is thus actually and exclusively employed and no longer, if the company or corporation has at least one architect
or professional engineer
who is registered under this chapter in responsible charge of the company's or corporation's architectural
or professional engineering
work in this state.
Section
227
.
443.14 (4) (b) of the statutes is created to read:
443.14
(4)
(b) Any person who practices professional engineering, exclusively as a regular employee of a private company or corporation, by rendering to the company or corporation professional engineering services in connection with its operations, so long as the person is thus actually and exclusively employed and no longer, if the company or corporation has at least one professional engineer who is registered under this chapter in responsible charge of the company's or corporation's professional engineering work in this state.
Section
228
.
443.18 (1) (a) of the statutes is amended to read:
443.18
(1)
(a) Any person who practices or offers to practice architecture, landscape architecture, or professional engineering in this state, or who uses the term "architect," "landscape architect," or "professional engineer" as part of the person's business name or title, except as provided in s. 443.08 (6), or in any way represents himself or herself as an architect, landscape architect, or a professional engineer unless the person is registered or exempted in accordance with this chapter, or unless the person is the holder of an unexpired permit issued under s. 443.10 (1) (d), or any person presenting or attempting to use as his or her own the certificate of registration of another, or any person who gives any false or forged evidence of any kind to the examining board or to any
section of the examining board or to any
member of the examining board
or to any member of any section of the examining board
in obtaining a certificate of registration, or any person who falsely impersonates any other registrant of like or different name, or any person who attempts to use an expired or revoked certificate of registration, or violates any of the provisions of this section, may be fined not less than $100 nor more than $500 or imprisoned for not more than 3 months or both.
Section
229
.
443.18 (2) (a) and (b) of the statutes are amended to read:
443.18
(2)
(a) If it appears upon complaint to the examining board
or to any section of the examining board
by any person, or is known to the examining board
or to any section of the examining board
that any person who is neither registered nor exempt under this chapter nor the holder of an unexpired permit under s. 443.10 (1) (d) is practicing or offering to practice, or is about to practice or to offer to practice, architecture, landscape architecture, or professional engineering in this state, the
appropriate section of the
examining board or the attorney general or the district attorney of the proper county may investigate and may, in addition to any other remedies, bring action in the name and on behalf of this state against any such person to enjoin the person from practicing or offering to practice architecture, landscape architecture, or professional engineering.
(b) If it appears upon complaint or is known to the
land surveyor
section
of the examining board
that any person who is not authorized is practicing or offering to practice land surveying in this state, the
land surveyor
section, the department of justice
,
or the district attorney of the proper county may, in addition to other remedies, bring action in the name and on behalf of the state to enjoin the person from practicing or offering to practice land surveying.
Section
230
.
445.06 of the statutes is amended to read:
445.06
Renewal of licenses.
The renewal date for a funeral
directors'
director's
license is specified under s. 440.08 (2) (a), and the renewal fee for such license is determined by the department under s. 440.03 (9) (a). Before any renewal license is delivered to any licensed funeral director, proof must be furnished by the applicant, to the satisfaction of the examining board, that the applicant is doing business at a recognized funeral establishment
, except that if such applicant is not doing business at a recognized funeral establishment at the time of application for a license, the applicant shall be given a certificate, without additional cost, to the effect that the applicant is in good standing as a funeral director, and shall be entitled to a renewal license at any time during that license period, when located at a recognized funeral establishment, without payment of any additional renewal fee
. The applicant must also furnish proof of completion of at least 15 hours of continuing education during the previous 2-year licensure period, except that new licensees are exempt from this requirement during the time between initial licensure and commencement of a full 2-year licensure period.
Section
231
.
445.105 (2s) of the statutes is created to read:
445.105
(2s)
The funeral director in charge of the funeral establishment under sub. (2m) shall have full charge, control, and supervision of all funeral directing and embalming services at the funeral establishment, and that funeral director shall ensure that the funeral establishment operates in compliance with this chapter and rules promulgated by the examining board.
Section
232
.
448.63 (1) (d) 2. of the statutes is amended to read:
448.63
(1)
(d) 2. That the applicant has completed 2 years of postgraduate training in a program approved by the affiliated credentialing board
or one year of postgraduate training in a program approved by the affiliated credentialing board if the one-year postgraduate training was completed by June 1, 2010
.
Section
233
.
454.01 (5) (b) of the statutes is repealed and recreated to read:
454.01
(5)
(b) Aesthetics.
Section
234
.
454.08 (2) (a) of the statutes is amended to read:
454.08
(2)
(a) A
barber
barbering
or
cosmetologist
cosmetology
establishment license which authorizes the practice of barbering or cosmetology, aesthetics, electrology and manicuring in the licensed establishment.
Section
235
.
457.25 (5) of the statutes is repealed.
Section
236
.
459.12 (1) of the statutes is amended to read:
459.12
(1)
The examining board may make rules not inconsistent with the laws of this state which are necessary to carry out the intent of this
subchapter
chapter
.
Section
237
.
961.23 (5) of the statutes is amended to read:
961.23
(5)
No person may purchase more than
8 ounces
227 grams
of a product containing opium or more than
4 ounces
113 grams
of a product containing any other schedule V substance within a 48-hour period without the authorization of a physician, dentist, or veterinarian. This subsection does not apply to a pseudoephedrine product unless it contains another schedule V substance.
Section
238
.
961.23 (7) of the statutes is amended to read:
961.23
(7)
No person other than a physician, dentist, veterinarian, or pharmacist may possess more than
8 ounces
227 grams
of a product containing opium or more than
4 ounces
113 grams
of a product containing any other schedule V substance at any time without the authorization of a physician, dentist, or veterinarian. This subsection does not apply to a pseudoephedrine product unless it contains another schedule V substance.
Section
239
.
Nonstatutory provisions.
(1)
Appointments of members of the dwelling code council upon expiration of terms
.
(a) In this subsection, "council" means the dwelling code council.
(b) Notwithstanding the number of members specified for the council under section 15.407 (10) (a) of the statutes, as affected by this act, any member who is serving on the council on the day before the effective date of this paragraph may continue to serve as a member of the council under section 15.407 (10) (a) of the statutes, as affected by this act, for the term for which the member was appointed. During any period of time when the membership of the council exceeds 11 members, a majority of the members of the council shall constitute a quorum.
Section
240
.
Initial applicability.
(1)
Licensure as funeral director.
The treatment of section 445.06 of the statutes first applies to applications for initial licensure as a licensed funeral director that are received by the funeral directors examining board on the effective date of this subsection.
Section
241
.
Effective dates.
This act takes effect on the 30th day after the day of publication, except as follows:
(1)
Section
239 of this act takes effect on the day after publication.
