1997 Wisconsin Act 237

237,449m Section 449m. 224.72 (7m) of the statutes, as created by 1997 Wisconsin Act .... (Senate Bill 494), is repealed and recreated to read:

224.72 (7m) Denial of application for issuance or renewal of registration. The department may not issue or renew a certificate of registration under this section if any of the following applies:

(a) The applicant for the issuance or renewal has failed to provide the information required under sub. (2) (c) 1.

(b) The department of revenue has certified under s. 73.0301 that the applicant   is liable for delinquent taxes. An applicant whose application for issuance or renewal of a certificate of registration is denied under this paragraph for delinquent taxes is entitled to a notice under s. 73.0301 (2) (b) 1. b. and hearing under s. 73.0301 (5) (a) but is not entitled to any other notice or hearing under this section.

(c) The applicant for the issuance or renewal is an individual who fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings or who is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, as provided in a memorandum of understanding entered into under s. 49.857. An applicant whose registration is not issued or renewed under this paragraph for delinquent payments is entitled to a notice and hearing under s. 49.857 but is not entitled to any other notice or hearing under this section.

237,449s Section 449s. 224.77 (6) of the statutes, as created by 1997 Wisconsin Act 145, is renumbered 224.77 (6m).

237,450 Section 450 . 224.77 (7) of the statutes is created to read:

224.77 (7) Revocation for liability for delinquent taxes. The department shall revoke the certificate of registration of a mortgage banker, loan originator or loan solicitor if the department of revenue certifies under s. 73.0301 that the registrant is liable for delinquent taxes. A registrant whose certificate of registration is revoked under this subsection for delinquent taxes is entitled to a notice under s. 73.0301 (2) (b) 1. b. and a hearing under s. 73.0301 (5) (a) but is not entitled to any other notice, hearing or review under this section.

237,450r Section 450r. 227.01 (13) (yt) of the statutes, as created by 1997 Wisconsin Act 231, is repealed.

237,451 Section 451 . 227.03 (7m) of the statutes is created to read:

227.03 (7m) Except as provided in s. 101.143 (6s), this chapter does not apply to proceedings in matters that are arbitrated under s. 101.143 (6s).

237,452 Section 452. 227.44 (8) of the statutes is amended to read:

227.44 (8) A stenographic, electronic or other record of oral proceedings shall be made in any class 2 or class 3 proceeding and in any class 1 proceeding when requested by a party. Each agency may establish rules relating to the transcription of the record into a written transcript and the providing of free copies of the written transcript. Rules may require a purpose for transcription which is deemed by the agency to be reasonable, such as appeal, and if this test is met to the satisfaction of the agency, the record shall be transcribed at the agency's expense, except that in preparing the record for judicial review of a decision that was made in an appeal under s. 227.47 (2) or in an arbitration proceeding under s. 101.143 (6s) or 230.44 (4) (bm) the record shall be transcribed at the expense of the party petitioning for judicial review. Rules may require a showing of impecuniousness or financial need as a basis for providing a free copy of the transcript, otherwise a reasonable compensatory fee may be charged. If any agency does not promulgate such rules, then it must transcribe the record and provide free copies of written transcripts upon request. In any event, an agency shall not refuse to provide a written transcript if the person making the request pays a reasonable compensatory fee for the transcription and for the copy. This subsection does not apply where a transcript fee is specifically provided by law.

237,452b Section 452b. 230.05 (8) of the statutes is amended to read:

230.05 (8) The administrator may provide any personnel testing services to nonstate governmental units and may charge for those the nonstate governmental units for providing the services.

237,452c Section 452c. 230.08 (2) (cm) of the statutes is amended to read:

230.08 (2) (cm) All positions of the university of Wisconsin system identified in s. 20.923 (4) (4g), (4m) and (5).

237,452e Section 452e. 230.08 (2) (fc) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

230.08 (2) (fc) The chief and personnel of the legislative reference bureau.

237,452f Section 452f. 230.08 (2) (fp) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

230.08 (2) (fp) The director and personnel of the integrated legislative information system staff technology services bureau.

237,452g Section 452g. 230.12 (1) (a) 1. b. of the statutes is amended to read:

230.12 (1) (a) 1. b. The provisions governing the pay of all unclassified positions except positions for employes of the university of Wisconsin system which are not identified under s. 20.923 (4) or (4m), for employes of the legislature which are not identified under s. 20.923 (4), for employes of a service agency under subch. IV of ch. 13, for employes of the state court system, for employes of the investment board identified under s. 230.08 (2) (p), for one stenographer employed by each elective executive officer under s. 230.08 (2) (g), and for 3 sales representatives of prison industries and one sales manager of prison industries identified under s. 303.01 (10).

237,452n Section 452n. 230.12 (3) (e) of the statutes is amended to read:

230.12 (3) (e) University of Wisconsin system senior executives, faculty and academic staff employes. The secretary, after receiving recommendations from the board of regents, shall submit to the joint committee on employment relations a proposal for adjusting compensation and employe benefits for employes under ss. 20.923 (4g), (5) and (6) (m) and 230.08 (2) (d) who are not included in a collective bargaining unit under subch. V of ch. 111 for which a representative is certified. The proposal shall include the salary ranges and adjustments to the salary ranges for the university senior executive salary groups established under s. 20.923 (4g). The proposal shall be based upon the competitive ability of the board of regents to recruit and retain qualified faculty and academic staff, data collected as to rates of pay for comparable work in other public services, universities and commercial and industrial establishments, recommendations of the board of regents and any special studies carried on as to the need for any changes in compensation and employe benefits to cover each year of the biennium. The proposal shall also take proper account of prevailing pay rates, costs and standards of living and the state's employment policies. The proposal for such pay adjustments may contain recommendations for across-the-board pay adjustments, merit or other adjustments and employe benefit improvements. Paragraph (b) and sub. (1) (bf) shall apply to the process for approval of all pay adjustments for such employes under ss. 20.923 (4g), (5) and (6) (m) and 230.08 (2) (d). The proposal as approved by the joint committee on employment relations and the governor shall be based upon a percentage of the budgeted salary base for such employes under ss. 20.923 (4g), (5) and (6) (m) and 230.08 (2) (d). The amount included in the proposal for merit and adjustments other than across-the-board pay adjustments is available for discretionary use by the board of regents.

237,452r Section 452r. 230.12 (5) (d) of the statutes is amended to read:

230.12 (5) (d) Individual increase limit. Except as authorized in s. 36.09 (1) (j) for a position specified in s. 20.923 (4) (j) or (4m), no appointing authority shall award an employe cumulative performance award increases or other types of cumulative within range pay adjustments exceeding a total of 10% of the employe's base pay during a fiscal year. This paragraph does not apply to a specific type of pay increase authorized by the compensation plan if the plan specifically refers to this paragraph and specifically provides that the type of pay increase referenced in the plan is not subject to this paragraph.

237,452t Section 452t. 230.80 (3) (b) of the statutes is amended to read:

230.80 (3) (b) A person who is, or whose immediate supervisor is, assigned to an executive salary group or university senior executive salary group under s. 20.923.

237,452v Section 452v. 233.04 (7) (g) of the statutes is amended to read:

233.04 (7) (g) A provision that protects the board of regents from all liability associated with the management, operation, use or maintenance of the on-campus facilities. No such provision shall make the authority liable for the acts or omissions of any officer, employe or agent of the board of regents, including any student who is enrolled at an institution or center within the University of Wisconsin System, unless the officer, employe or agent acts at the direction of the authority.

237,452x Section 452x. 233.17 (2) (a) of the statutes is amended to read:

233.17 (2) (a) No officer, employe or agent of the board of regents, including any student who is enrolled at an institution or center within the University of Wisconsin System, is an agent of the authority unless the officer, employe or agent acts at the express written direction of the authority.

237,453 Section 453 . 250.05 (5) of the statutes, as affected by 1997 Wisconsin Act .... (Senate Bill 494), is amended to read:

250.05 (5) Registration. Except as provided in sub. (8m) and s. 250.041, the department, upon application on forms prescribed by it and payment of the prescribed fee, shall register as a sanitarian any person who has presented evidence satisfactory to the department that standards and qualifications of the department, as established by rule, have been met.

237,454 Section 454 . 250.05 (6) of the statutes, as affected by 1997 Wisconsin Act .... (Senate Bill 494), is amended to read:

250.05 (6) Fees: renewal of registration; delinquency and reinstatement. A fee fixed by rule of the department shall accompany the application under sub. (5) and, beginning January 1, 1988, a biennial fee of $25 shall be paid by every registered sanitarian who desires to continue registration. The amounts of the fees may be adjusted by the department by rule. All certificates of registration shall expire on December 31 in each odd-numbered year. Except as provided in sub. (8m) and s. 250.041, the department may renew registrations upon application made after January 1 of each even-numbered year if it is satisfied that the applicant has good cause for not making application in December of the immediately preceding year and upon payment of the biennial fee and any additional fees prescribed by the department.

237,455 Section 455 . 250.05 (8) of the statutes, as affected by 1997 Wisconsin Act .... (Senate Bill 494), is amended to read:

250.05 (8) Revocation of registration. The department may, after a hearing held in conformance with ch. 227, except as provided in sub. (8m) (e), revoke or suspend under this section the registration of any sanitarian for practice of fraud or deceit in obtaining the registration or any gross professional negligence, incompetence or misconduct.

237,456 Section 456 . 250.05 (8m) of the statutes is created to read:

250.05 (8m) Registration denial, nonrenewal and revocation based on tax delinquency. (a) The department shall require each applicant for registration under this section to provide the department with the applicant's social security number as a condition of issuing or renewing the registration.

(b) The department may not disclose any information received under par. (a) to any person except to the department of revenue for the purpose of requesting certifications under s. 73.0301.

(c) The department shall deny an application for the issuance or renewal of registration under this section if the applicant does not provide the information specified in par. (a).

(d) The department shall deny an application for the issuance or renewal of registration under this section or shall revoke a registration issued under this section, if the department of revenue certifies under s. 73.0301 that the applicant or holder of the registration is liable for delinquent taxes.

(e) The only hearing rights available for a denial, revocation or nonrenewal of registration under this section based on tax delinquency are those set forth in s. 73.0301 (5).

237,457c Section 457c. 252.23 (2) of the statutes, as affected by 1997 Wisconsin Act 191, is amended to read:

252.23 (2) Department; duty. Except as provided in s. ss. 250.041 and 252.241, the department shall provide uniform, statewide licensing and regulation of tattooists and uniform, statewide licensing and regulation of tattoo establishments under this section. The department shall inspect a tattoo establishment once before issuing a license for the tattoo establishment under this section and may make additional inspections that the department determines are necessary.

237,457d Section 457d. 252.23 (4) (a) of the statutes, as affected by 1997 Wisconsin Act 191, is amended to read:

252.23 (4) (a) Except as provided in s. ss. 250.041 and 252.241, standards and procedures, including fee payment to offset the cost of licensing tattooists and tattoo establishments, for the annual issuance of licenses as tattooists or as tattoo establishments to applicants under this section.

237,457e Section 457e. 252.24 (2) of the statutes, as affected by 1997 Wisconsin Act 191, is amended to read:

252.24 (2) Department; duty. Except as provided in s. ss. 250.041 and 254.241, the department shall provide uniform, statewide licensing and regulation of body piercers and uniform, statewide licensing and regulation of body-piercing establishments under this section. The department shall inspect a body-piercing establishment once before issuing a license for the body-piercing establishment under this section and may make additional inspections that the department determines are necessary.

237,457f Section 457f. 252.24 (4) (a) of the statutes, as affected by 1997 Wisconsin Act 191, is amended to read:

252.24 (4) (a) Except as provided in s. ss. 250.041 and 252.241, standards and procedures, including fee payment to offset the cost of licensing body piercers and body-piercing establishments, for the annual issuance of licenses as body piercers or as body-piercing establishments to applicants under this section.

237,457g Section 457g. 252.241 of the statutes is created to read:

252.241 Denial, nonrenewal and revocation of license based on tax delinquency. (1) The department shall require each applicant to provide the department with the applicant's social security number, if the applicant is an individual, or the applicant's federal employer identification number, if the applicant is not an individual, as a condition of issuing or renewing a license under s. 252.23 (2) or (4) (a) or 252.24 (2) or (4) (a).

(2) The department may not disclose any information received under sub. (1) to any person except to the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

(3) The department shall deny an application for the issuance or renewal of a license specified in sub. (1) if the applicant does not provide the information specified in sub. (1).

(4) The department shall deny an application for the issuance or renewal of a license specified in sub. (1), or shall revoke the license specified in sub. (1), if the department of revenue certifies under s. 73.0301 that the applicant for or holder of the license is liable for delinquent taxes.

237,458 Section 458 . 254.115 of the statutes is created to read:

254.115 Denial, nonrenewal and revocation of certification and permit based on tax delinquency. (1) The department shall require each applicant to provide the department with the applicant's social security number, if the applicant is an individual, or the applicant's federal employer identification number, if the applicant is not an individual, as a condition of issuing or renewing any of the following:

(a) Certification under s. 254.176.

(b) A certification card under s. 254.20 (3) or (4).

(c) A permit for operation of a campground under s. 254.47 (1) or (2m).

(d) A permit under s. 255.08 (2) (a) or (b).

(2) The department may not disclose any information received under sub. (1) to any person except to the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

(3) The department shall deny an application for the issuance or renewal of a certification, certification card or permit specified in sub. (1) if the applicant does not provide the information specified in sub. (1).

(4) The department shall deny an application for the issuance or renewal of a certification, certification card or permit specified in sub. (1), or shall revoke the certification, certification card or permit specified in sub. (1), if the department of revenue certifies under s. 73.0301 that the applicant for or holder of the certification, certification card or permit is liable for delinquent taxes.

237,459 Section 459 . 254.176 (1) of the statutes, as affected by 1997 Wisconsin Act .... (Senate Bill 494), is amended to read:

254.176 (1) Except as provided in sub. (2) and s. 250.041, and subject to s. 254.115, the department may establish by rule certification requirements for any person who performs lead hazard reduction or a lead management activity or who supervises the performance of any lead hazard reduction or lead management activity.

237,460 Section 460 . 254.176 (3) (intro.) of the statutes, as affected by 1997 Wisconsin Act .... (Senate Bill 494), is amended to read:

254.176 (3) (intro.) Except as provided in s. 250.041 and subject to s. 254.115, the department may promulgate rules establishing certification requirements for persons required to be certified under this section. Any rules promulgated under this section:

237,461 Section 461 . 254.176 (5) of the statutes is amended to read:

254.176 (5) After notice and opportunity for hearing, the department may revoke, suspend, deny or refuse to renew any certification issued under this section in accordance with the procedures set forth in ch. 227, except that the only hearing rights available for a denial, revocation or nonrenewal of any certification issued under this section based on tax delinquency are those set forth in s. 73.0301 (5).

237,462 Section 462 . 254.20 (2) (d) of the statutes, as affected by 1997 Wisconsin Act .... (Senate Bill 494), is amended to read:

254.20 (2) (d) Except as provided in s. 250.041 and subject to s. 254.115, the department may establish by rule certification requirements for any person not certified under pars. (a) to (c) who performs any asbestos abatement activity or asbestos management activity or who supervises the performance of any asbestos abatement activity or asbestos management activity.

237,463 Section 463. 254.20 (4) of the statutes, as affected by 1997 Wisconsin Act .... (Senate Bill 494), is amended to read:

254.20 (4) Renewal. A certification card issued under sub. (3) is valid for one year. Except as provided in s. 250.041 and subject to s. 254.115, the department may establish requirements for renewing such a card, including but not limited to additional training.

237,464 Section 464 . 254.20 (7) of the statutes, as affected by 1997 Wisconsin Act .... (Senate Bill 494), is amended to read:

254.20 (7) Appeals. Except as provided in s. 250.041, any Any suspension, revocation or nonrenewal of a certification card required under sub. (2) or any denial of an application for such a certification card is subject to judicial review under ch. 227, except as provided in s. 250.041 and except that the only hearing rights available for a denial, revocation or nonrenewal of a certification card required under sub. (2) based on tax delinquency are those set forth in s. 73.0301 (5).

237,464g Section 464g. 254.47 (1) of the statutes, as affected by 1997 Wisconsin Act 191, is amended to read:

254.47 (1) Except as provided in s. ss. 250.041 and 254.115, the department or a local health department granted agent status under s. 254.69 (2) shall issue permits to and regulate campgrounds and camping resorts, recreational and educational camps and public swimming pools. No person or state or local government who has not been issued a permit under this section may conduct, maintain, manage or operate a campground and camping resort, recreational camp and educational camp or public swimming pool, as defined by departmental rule.

237,464h Section 464h. 254.47 (2m) of the statutes, as affected by 1997 Wisconsin Act 191, is amended to read:

254.47 (2m) Except as provided in s. ss. 250.041 and 254.115, the initial issuance, renewal or continued validity of a permit issued under this section may be conditioned upon the requirement that the permittee correct a violation of this section, rules promulgated by the department under this section or ordinances adopted under s. 254.69 (2) (g), within a period of time that is specified. If the condition is not met within the specified period of time, the permit is void.

237,464hm Section 464hm. 254.61 (5) (f) of the statutes is amended to read:

254.61 (5) (f) Any center college campus, as defined in s. 36.05 (4) (6m), institution as defined in s. 36.51 (1) (b) or technical college that serves meals only to the students enrolled in the center college campus, institution or school or to authorized elderly persons under s. 36.51 or 38.36.

237,464i Section 464i. 255.08 (2) (a) of the statutes, as affected by 1997 Wisconsin Act 191, is amended to read:

255.08 (2) (a) No person may operate a tanning facility without a permit that the department may, except as provided in s. ss. 250.041 and 254.115, issue under this subsection. The holder of a permit issued under this subsection shall display the permit in a conspicuous place at the tanning facility for which the permit is issued.

237,464j Section 464j. 255.08 (2) (b) of the statutes, as affected by 1997 Wisconsin Act 191, is amended to read:

255.08 (2) (b) Permits issued under this subsection shall expire annually on June 30. Except as provided in s. ss. 250.041 and 254.115, a permit applicant shall submit an application for a permit to the department on a form provided by the department with a permit fee established by the department by rule. The application shall include the name and complete mailing address and street address of the tanning facility and any other information reasonably required by the department for the administration of this section.