LRBa3563/1
DAK:skg&kaf:kat
1995 - 1996 LEGISLATURE
SENATE AMENDMENT 1,
To 1995 ASSEMBLY BILL 733
March 26, 1996 - Offered by
Committee on Business, Economic Development and
Urban Affairs.
AB733-SA1,1,14
14"
Section 2r. 252.245 of the statutes is created to read:
AB733-SA1,2,17
1252.245 Agent status for local health departments. (1) In the
2administration and enforcement of ss. 252.23 and 252.24, the department may enter
3into a written agreement with a local health department with a jurisdictional area
4that has a population greater than 5,000, which designates the local health
5department as the department's agent in issuing licenses to and making
6investigations or inspections of tattooists and tattoo establishments and body
7piercers and body-piercing establishments. In a jurisdictional area of a local health
8department without agent status, the department of health and family services may
9issue licenses, collect license fees established by rule under ss. 252.23 (4) (a) and
10252.24 (4) (a) and make investigations or inspections of tattooists and tattoo
11establishments and body piercers and body-piercing establishments. If the
12department designates a local health department as its agent, the department or
13local health department may require no license for the same operations other than
14the license issued by the local health department under this subsection. If the
15designation is made and the services are furnished, the department shall reimburse
16the local health department furnishing the service at the rate of 80% of the net
17license fee per license per year issued in the jurisdictional area.
AB733-SA1,2,23
18(2) A local health department designated as the department's agent under this
19section shall meet standards promulgated under ss. 252.23 (4) (a) and 252.24 (4) (a).
20The department shall annually evaluate the licensing, investigation and inspection
21program of each local health department granted agent status. If, at any time, a local
22health department designated as the department's agent fails to meet the standards,
23the department of health and family services may revoke its agent status.
AB733-SA1,3,3
1(3) The department shall provide education and training to agents designated
2under this section to ensure uniformity in the enforcement of s. 252.23 or 252.24 and
3rules promulgated under s. 252.23 or 252.24
AB733-SA1,3,14
4(4) Except as provided in sub. (4m), a local health department designated as
5the department's agent under this section shall establish and collect the license fee
6for each tattooist or tattoo establishment and for each body piercer or body-piercing
7establishment. The local health department may establish separate fees for
8preinspections of new tattoo or body-piercing establishments, for preinspections of
9existing establishments for which a person intends to be the new operator or for the
10issuance of duplicate licenses. No fee may exceed the local health department's
11reasonable costs of issuing licenses to, making investigations and inspections of, and
12providing education, training and technical assistance to the tattooists and tattoo
13establishments or body piercers and body-piercing establishments, plus the state fee
14established under sub. (9).
AB733-SA1,3,19
15(4m) A local health department designated as the department's agent under
16this section may contract with the department of health and family services for the
17department of health and family services to collect fees and issue licenses under s.
18252.23 or 252.24. The department shall collect from the local health department the
19actual and reasonable cost of providing the services.
AB733-SA1,4,2
20(5) If, under this section, a local health department becomes an agent or its
21agent status is discontinued during a licensee's license year, the department of
22health and family services and the local health department shall divide any license
23fee paid by the licensee for that license year according to the proportions of the license
24year occurring before and after the local health department is designated as an agent
1or the agent status is discontinued. No additional fee may be required during the
2license year due to the change in agent status.
AB733-SA1,4,8
3(6) A village, city or county may enact ordinances and a local board of health
4may adopt regulations regarding the licensees and premises for which the local
5health department is the designated agent under this section, which are stricter than
6s. 252.23 or 252.24 or rules promulgated by the department of health and family
7services under s. 252.23 or 252.24. No such provision may conflict with s. 252.23 or
8252.24 or with department rules.
AB733-SA1,4,13
9(7) This section does not limit the authority of the department to inspect
10establishments in jurisdictional areas of local health departments that are
11designated as agents if it inspects in response to an emergency, for the purpose of
12monitoring and evaluating the local health department's licensing, inspection and
13enforcement program or at the request of the local health department.
AB733-SA1,4,22
14(8) The department shall hold a hearing under ch. 227 if, in lieu of proceeding
15under ch. 68, any interested person in the jurisdictional area of a local health
16department that is designated as the department's agent under this section appeals
17to the department of health and family services alleging that a license fee for a
18tattooist or tattooist establishment or for a body piercer or body-piercing
19establishment exceeds the license issuer's reasonable costs of issuing licenses to,
20making investigations and inspections of, and providing education, training and
21technical assistance to the tattooist or tattooist establishment or to the body piercer
22or body-piercing establishment.
AB733-SA1,5,5
23(9) The department shall promulgate rules establishing state fees for its costs
24related to setting standards under ss. 252.23 and 252.24 and monitoring and
25evaluating the activities of, and providing education and training to, agent local
1health departments. Agent local health departments shall include the state fees in
2the license fees established under sub. (4), collect the state fees and reimburse the
3department for the state fees collected. For tattooists or tattoo establishments and
4for body piercers or body-piercing establishments, the state fee may not exceed 20%
5of the license fees established under s. 252.23 (4) (a) or 252.24 (4) (a).".
