SB494: Bill Text

SB494,140,6 (d) An approval under s. 254.178 (2) (a).

SB494,140,7 (e) A permit under s. 254.47 (1), 254.64 (1) (a) or (b) or 255.08 (2).

SB494,140,8 (f) A certificate under s. 254.71 (2).

SB494,140,12 (2) The department of health and family services may not disclose any information received under sub. (1) to any person except to the department of workforce development for the purpose of making certifications required under s. 49.857.

SB494,140,24 (3) The department of health and family services shall deny an application for the issuance or renewal of a registration, license, certification, approval, permit or certificate specified in sub. (1) or may, under a memorandum of understanding under s. 49.857 (2), suspend or restrict a registration, license, certification, approval, permit or certificate specified in sub. (1) if the department of workforce development certifies under s. 49.857 that the applicant for or holder of the registration, license, certification, approval, permit or certificate is delinquent in the payment of 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 or 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.

SB494, s. 257 Section 257. 250.05 (5) of the statutes is amended to read:

SB494,141,5 250.05 (5) Registration. The Except as provided in 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.

SB494, s. 258 Section 258. 250.05 (6) of the statutes is amended to read:

SB494,141,16 250.05 (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. The Except as provided in 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.

SB494, s. 259 Section 259. 250.05 (8) of the statutes is amended to read:

SB494,141,21 250.05 (8) Revocation of registration. The department may, after a hearing held in conformance with ch. 227, 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.

SB494, s. 260 Section 260. 252.23 (2) of the statutes is amended to read:

SB494,142,3 252.23 (2) Department; duty. The Except as provided in s. 250.041, 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.

SB494, s. 261 Section 261. 252.23 (4) (a) of the statutes is amended to read:

SB494,142,8 252.23 (4) (a) Standards Except as provided in s. 250.041, 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.

SB494, s. 262 Section 262. 252.24 (2) of the statutes is amended to read:

SB494,142,16 252.24 (2) Department; duty. The Except as provided in s. 250.041, 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.

SB494, s. 263 Section 263. 252.24 (4) (a) of the statutes is amended to read:

SB494,142,21 252.24 (4) (a) Standards Except as provided in s. 250.041, 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.

SB494, s. 264 Section 264. 254.176 (1) of the statutes is amended to read:

SB494,143,2 254.176 (1) Except as provided in sub. (2) and s. 250.041, 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.

SB494, s. 265 Section 265. 254.176 (3) (intro.) of the statutes is amended to read:

SB494,143,6 254.176 (3) (intro.)  The Except as provided in s. 250.041, the department may promulgate rules establishing certification requirements for persons required to be certified under this section. Any rules promulgated under this section:

SB494, s. 266 Section 266. 254.176 (3) (a) of the statutes is amended to read:

SB494,143,10 254.176 (3) (a) Shall include requirements and procedures for issuing, renewing, revoking and suspending under this section certifications issued under this section.

SB494, s. 267 Section 267. 254.178 (1) (b) of the statutes is amended to read:

SB494,143,14 254.178 (1) (b) No Except as provided in s. 250.041, no person may function as an instructor of a lead training course accredited under this section unless the person is approved by the department under this section.

SB494, s. 268 Section 268. 254.178 (2) (intro.) of the statutes is amended to read:

SB494,143,18 254.178 (2) (intro.) The department shall promulgate rules establishing requirements, except as provided in s. 250.041, for accreditation of lead training courses and approval of lead instructors. These rules:

SB494, s. 269 Section 269. 254.178 (2) (a) of the statutes is amended to read:

SB494,143,22 254.178 (2) (a) Shall Except as provided in s. 250.041, shall include requirements and procedures for granting, renewing, revoking and suspending under this section lead training course accreditations and lead instructor approvals.

SB494, s. 270 Section 270. 254.178 (4) of the statutes is amended to read:

SB494,144,2 254.178 (4) After notice and opportunity for hearing, the department may revoke, suspend, deny or refuse to renew under this section any accreditation or approval issued under this section in accordance with the procedures set forth in ch. 227.

SB494, s. 271 Section 271. 254.20 (2) (d) of the statutes is amended to read:

SB494,144,8 254.20 (2) (d) The Except as provided in s. 250.041, 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.

SB494, s. 272 Section 272. 254.20 (3) (a) of the statutes is amended to read:

SB494,144,14 254.20 (3) (a) The Except as provided in s. 250.041, the department may establish by rule eligibility requirements for persons applying for a certification card required under sub. (2). Any training required by the department under this paragraph may be approved by the department or provided by the department under sub. (8).

SB494, s. 273 Section 273. 254.20 (3) (b) of the statutes is amended to read:

SB494,144,20 254.20 (3) (b) The Except as provided in s. 250.041, the department shall establish the procedure for issuing certification cards under this subsection. In establishing that procedure, the department shall prescribe an application form and establish an examination procedure and may require applicants to provide photographic identification.

SB494, s. 274 Section 274. 254.20 (4) of the statutes is amended to read:

SB494,144,25 254.20 (4) Renewal. A certification card issued under sub. (3) is valid for one year. The Except as provided in s. 250.041, the department may establish requirements for renewing such a card, including but not limited to additional training.

SB494, s. 275 Section 275. 254.20 (6) of the statutes is amended to read:

SB494,145,4 254.20 (6) Suspension or revocation. The department may, under this section, suspend or revoke a certification card issued under sub. (3) if it determines that the holder of the card is not qualified to be certified.

SB494, s. 276 Section 276. 254.20 (7) of the statutes is amended to read:

SB494,145,9 254.20 (7) Appeals. Any Except as provided in s. 250.041, 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.

SB494, s. 277 Section 277. 254.47 (1) of the statutes is amended to read:

SB494,145,17 254.47 (1) The Except as provided in s. 250.041, 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.

SB494, s. 278 Section 278. 254.47 (2m) of the statutes is amended to read:

SB494,145,24 254.47 (2m) The Except as provided in s. 250.041, 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.

SB494, s. 279 Section 279. 254.47 (3) of the statutes is amended to read:

SB494,146,7 254.47 (3) Anyone who violates this section or any rule of the department under this section shall be fined not less than $25 nor more than $250. Anyone who fails to comply with an order of the department shall forfeit $10 for each day of noncompliance after the order is served upon or directed to him or her. The department may also, after a hearing under ch. 227, refuse to issue a permit under this section or suspend or revoke a permit under this section for violation of this section or any rule or order the department issues to implement this section.

SB494, s. 280 Section 280. 254.64 (1) (c) of the statutes is amended to read:

SB494,146,21 254.64 (1) (c) No Except as provided in s. 250.041, no permit may be issued under this section until all applicable fees have been paid. If the payment is by check or other draft drawn upon an account containing insufficient funds, the permit applicant shall, within 15 days after receipt of notice from the department of the insufficiency, pay by cashier's check or other certified draft, money order or cash the fees, late fees and processing charges that are specified by rules promulgated by the department. If the permit applicant fails to pay all applicable fees, late fees and processing charges within 15 days after the applicant receives notice of the insufficiency, the permit is void. In an appeal concerning voiding of a permit under this paragraph, the burden is on the permit applicant to show that the entire applicable fees, late fees and processing charges have been paid. During any appeal process concerning payment dispute, operation of the establishment in question is deemed to be operation without a permit.

SB494, s. 281 Section 281. 254.64 (1p) of the statutes is amended to read:

SB494,147,3 254.64 (1p) The Except as provided in s. 250.041, the department may condition the initial issuance, renewal or continued validity of a permit issued under this section on correction by the permittee of a violation of this subchapter, rules promulgated by the department under this subchapter or ordinances or regulations adopted under s. 254.69 (2) (g), within a specified period of time. If the permittee fails to meet the condition within the specified period of time, the permit is void.

SB494, s. 282 Section 282. 254.71 (2) of the statutes is amended to read:

SB494,147,9 254.71 (2) The Except as provided in s. 250.041, the department may issue a certificate of food protection practices to an individual who satisfactorily completes a written examination, approved by the department, that demonstrates the individual's basic knowledge of food protection practices or who has achieved comparable compliance.

SB494, s. 283 Section 283. 254.71 (3) of the statutes is amended to read:

SB494,147,14 254.71 (3) Each certificate is valid for 5 years from the date of issuance and, except as provided in s. 250.041, may be renewed by the holder of the certificate if he or she satisfactorily completes a recertification training course approved by the department.

SB494, s. 284 Section 284. 254.71 (6) (c) of the statutes is amended to read:

SB494,147,18 254.71 (6) (c) Establishing procedures for issuance , except as provided in s. 250.041, of certificates of food protection practices, including application submittal and review.

SB494, s. 285 Section 285. 255.08 (2) of the statutes is amended to read:

SB494,147,24 255.08 (2) Permits. (a) No person may operate a tanning facility without a permit issued by that the department may, except as provided in s. 250.041, 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.

SB494,148,7 (b) Permits issued under this subsection shall expire annually on June 30. A Except as provided in s. 250.041, 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.

SB494, s. 286 Section 286. 255.08 (13) of the statutes is amended to read:

SB494,148,13 255.08 (13) Denial, suspension or revocation of permits. The department may under this section, after a hearing under ch. 227, deny issuance of a permit to an applicant or suspend or revoke any permit issued under sub. (2) if the applicant or permit holder or his or her employe violates sub. (2), (3), (4), (5), (6), (7), (9) or (11) or any rule promulgated thereunder.

SB494, s. 287 Section 287. 280.13 (4) of the statutes is amended to read:

SB494,148,24 280.13 (4) No order revoking a permit under sub. (2) shall be made until after a public hearing to be held before the department in the county where the permittee has his or her place of business. If the permittee is a nonresident, the hearing shall be at such place as the department designates. At least 10 days prior to the hearing the department shall send written notice of the time and place of the hearing to the permittee and to the permittee's attorney or agent of record by mailing the notice to the last-known address of such persons. The testimony presented and proceedings had at the hearing shall be recorded and preserved as the records of the department. The department shall as soon thereafter as possible make its findings and determination and send a copy to each interested party.

SB494, s. 288 Section 288. 281.48 (3) (a) of the statutes is amended to read:

SB494,149,8 281.48 (3) (a) License; application. Every person before engaging in servicing in this state shall submit an application for a license on forms prepared by the department. If Except as provided in s. 299.08, if the department, after investigation, is satisfied that the applicant has the qualifications, experience, understanding of proper servicing practices, as demonstrated by the successful completion of an examination given by the department, and equipment to perform the servicing in a manner not detrimental to public health it shall issue the license. The license fee shall accompany all applications.

SB494, s. 289 Section 289. 281.48 (5) (b) of the statutes is amended to read:

SB494,149,11 281.48 (5) (b) The department may not reissue a license for a period of one year after revocation under par. (a).

SB494, s. 290 Section 290. 291.15 (2) (d) of the statutes is amended to read:

SB494,150,8 291.15 (2) (d) Use of confidential records. Except as provided under par. (c) and this paragraph the department or the department of justice may use records and other information granted confidential status under this subsection only in the administration and enforcement of this chapter. The department or the department of justice may release for general distribution records and other information granted confidential status under this subsection if the owner or operator expressly agrees to the release. The department or the department of justice may release on a limited basis records and other information granted confidential status under this subsection if the department or the department of justice is directed to take this action by a judge or hearing examiner under an order which protects the confidentiality of the records or other information. The department or the department of justice may release to the U.S. environmental protection agency or its authorized representative records and other information granted confidential status under this subsection if the department or the department of justice includes in each release of records or other information a request to the U.S. environmental protection agency or its authorized representative to protect the confidentiality of the records or other information. The department or the department of justice shall release to the department of workforce development or a county child support agency under s. 59.53 (5) records and other information granted confidential status under this subsection if requested under s. 49.22 (2m) by the department of workforce development or a county child support agency under s. 59.53 (5).

SB494, s. 291 Section 291. 299.08 of the statutes is created to read:

SB494,150,13 299.08 License denial, nonrenewal, suspension or restriction based on failure to pay support. (1) (a) The department shall require each applicant who is an individual to provide the department with the applicant's social security number as a condition of issuing or renewing any of the following:

SB494,150,14 1. A registration under s. 280.15.

SB494,150,15 2. A certification under s. 281.17 (3).

SB494,150,16 3. A license or certification under s. 281.48 (3).

SB494,150,17 4. A certification under s. 285.51 (2).

SB494,150,18 5. A certification under s. 289.42 (1).

SB494,150,19 6. A license under s. 291.23.

SB494,150,20 7. A license under s. 299.51 (3) (c).

SB494,150,23 (b) The department of natural resources may not disclose any information received under par. (a) to any person except to the department of workforce development in accordance with a memorandum of understanding under s. 49.857.

SB494,151,7 (2) The department shall deny an application for the issuance or renewal of a license, registration or certification specified in sub. (1) (a), or shall suspend a license, registration or certification specified in sub. (1) (a) for failure to make 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 or failure 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 relating to paternity or child support proceedings, as required in a memorandum of understanding under s. 49.857.

SB494, s. 292 Section 292. 301.45 (7) (a) of the statutes, as affected by 1995 Wisconsin Act 440, is amended to read:

SB494,151,15 301.45 (7) (a) The department shall maintain information provided under sub. (2). The department shall keep the information confidential except as provided in s. 301.46 and, except as needed for law enforcement purposes and except to provide information in response to a request for information under s. 49.22 (2m) made by the department of workforce development or a county child support agency under s. 59.53 (5).

SB494, s. 293 Section 293. 302.372 (2) (b) of the statutes is amended to read:

SB494,152,6 302.372 (2) (b) Before seeking any reimbursement under this section, the county shall provide a form to be used for determining the financial status of prisoners. The form shall provide for obtaining the social security number of the prisoner, the age and marital status of a prisoner, the number and ages of children of a prisoner, the number and ages of other dependents of a prisoner, the income of a prisoner, type and value of real estate owned by a prisoner, type and value of personal property owned by a prisoner, the prisoner's cash and financial institution accounts, type and value of the prisoner's investments, pensions and annuities and any other personalty of significant cash value owned by a prisoner. The county shall use the form whenever investigating the financial status of prisoners. The information on a completed form is confidential and not open to public inspection or copying under s. 19.35 (1), except that the county shall provide information from a form completed under this paragraph in response to a request for information under s. 49.22 (2m) made by the department of workforce development or a county child support agency under s. 59.53 (5).