SB45, s. 2443 15Section 2443. 254.31 (2m) of the statutes is created to read:
SB45,1135,1916 254.31 (2m) "General license" means a license, under requirements prescribed
17by the department by rule, to possess, use, transfer or acquire by-product material
18or devices or equipment utilizing by-product material without the filing of a license
19application by a person or issuance of licensing confirmation by the department.
SB45, s. 2444 20Section 2444. 254.31 (3) of the statutes is renumbered 254.31 (1) (intro.) and
21amended to read:
SB45,1135,2322 254.31 (1) (intro.) "By-product material" means any radioactive of the
23following:
SB45,1136,3
1(a) Radioactive material ( ,except special nuclear material), yielded in or made
2radioactive by exposure to the radiation incident to the process of producing or
3utilizing special nuclear material.
SB45, s. 2445 4Section 2445. 254.31 (3g) of the statutes is repealed and recreated to read:
SB45,1136,65 254.31 (3g) "Ionizing radiation" means all radiations capable of producing ions
6directly or indirectly in their passage through matter, including all of the following:
SB45,1136,77 (a) Electromagnetic radiations, including X-rays and gamma rays.
SB45,1136,98 (b) Particulate radiations, including electrons, beta particles, protons,
9neutrons, alpha particles and other nuclear particles.
SB45, s. 2446 10Section 2446. 254.31 (5) of the statutes is created to read:
SB45,1136,1511 254.31 (5) "Radiation generating equipment" means a system, manufactured
12product or device or component part of such a product or device that, during
13operation, is capable of generating or emitting ionizing radiation without the use of
14radioactive material. "Radiation generating equipment" does not include a device
15that emits nonionizing radiation.
SB45, s. 2447 16Section 2447. 254.31 (6) of the statutes is amended to read:
SB45,1136,1917 254.31 (6) "Radiation installation" is any location or facility where radiation
18machines are generating equipment is used or where radioactive material is
19produced, transported, stored, disposed of or used for any purpose.
SB45, s. 2448 20Section 2448. 254.31 (7) of the statutes is repealed.
SB45, s. 2449 21Section 2449. 254.31 (8) of the statutes is renumbered 254.31 (9m) and
22amended to read:
SB45,1137,223 254.31 (9m) "Radioactive material" includes any solid, liquid or gaseous
24substance which emits ionizing radiation spontaneously, including

1accelerator-produced material, by-product material, naturally occurring material,
2source material and special nuclear material
.
SB45, s. 2450 3Section 2450. 254.31 (9) of the statutes is amended to read:
SB45,1137,54 254.31 (9) "Radiation source" means a radiation machine generating
5equipment
or radioactive material as defined herein.
SB45, s. 2451 6Section 2451. 254.31 (11g) of the statutes is created to read:
SB45,1137,97 254.31 (11g) "Specific license" means a license, under requirements prescribed
8by the department by rule, to possess, use, manufacture, produce, transfer or acquire
9radioactive material or devices or equipment utilizing radioactive material.
SB45, s. 2452 10Section 2452. 254.31 (11m) of the statutes is created to read:
SB45,1137,1211 254.31 (11m) "Transuranic" means a radioactive material having an atomic
12number that is greater than 92.
SB45, s. 2453 13Section 2453. 254.31 (12) of the statutes is amended to read:
SB45,1137,1614 254.31 (12) "X-ray tube" means any electron tube which that is contained in
15a device and that
is specifically designed for the conversion of electrical energy into
16X-ray energy.
SB45, s. 2454 17Section 2454. 254.33 of the statutes is amended to read:
SB45,1138,4 18254.33 Public policy. Since radiations and their sources can be instrumental
19in the improvement of the health and welfare of the public if properly utilized, and
20may be destructive or detrimental to life or health if carelessly or excessively
21employed or may detrimentally affect the environment of the state if improperly
22utilized, it is hereby declared to be the public policy of this state to encourage the
23constructive uses of radiation and to prohibit and prevent exposure to radiation in
24amounts which are or may be detrimental to health. It is further the policy for the
25department
to advise, consult and cooperate with the department of commerce and

1other agencies of the state, the federal government, other states and interstate
2agencies and with affected groups, political subdivisions and industries; and, in
3general, to conform as nearly as possible to nationally accepted standards in the
4promulgation and enforcement of rules.
SB45, s. 2455 5Section 2455. 254.335 of the statutes is created to read:
SB45,1138,11 6254.335 Agreements with the U.S. nuclear regulatory commission
7transition. (1)
The governor may, on behalf of the state, enter into agreements with
8the U.S. nuclear regulatory commission, as provided in 42 USC 2021 (b), to
9discontinue certain federal licensing and related regulatory authority with respect
10to by-product material, source material and special nuclear material and to assume
11state regulatory authority.
SB45,1138,19 12(2) Any person who, on the effective date of an agreement specified under sub.
13(1), possesses a license issued by the U.S. nuclear regulatory commission that is
14subject to the agreement is considered to possess a specific license issued under s.
15254.365 (1) (a) or to fulfill requirements specified for a general license under s.
16254.365 (1) (b). The specific license expires 90 days after the date of receipt by the
17person from the department of a notice of expiration of the license or on the date of
18expiration that was specified in the license issued by the U.S. nuclear regulatory
19commission, whichever is earlier.
SB45, s. 2456 20Section 2456. 254.34 (1) (intro.) of the statutes is amended to read:
SB45,1138,2221 254.34 (1) (intro.) The department and the department of commerce is the state
22radiation control agency and
shall do all of the following:
SB45, s. 2457 23Section 2457. 254.34 (1) (a) of the statutes is amended to read:
SB45,1139,724 254.34 (1) (a) Formulate, adopt and enforce, amend and repeal Promulgate and
25enforce
rules, including registration and licensing of sources of ionizing radiation, as

1may be necessary to prohibit and prevent unnecessary radiation . Such exposure.
2The
rules may incorporate by reference the recommended standards of nationally
3recognized bodies in the field of radiation protection and other fields of atomic energy,
4under the procedure established by s. 227.21 (2). The rules for by-product material,
5source material and special nuclear material may be no less stringent than the
6requirements under 42 USC 2011 to 2114 and regulations adopted under 42 USC
72011
to 2114.
SB45, s. 2458 8Section 2458. 254.34 (1) (c) of the statutes is renumbered 254.34 (1) (c) (intro.)
9and amended to read:
SB45,1139,1510 254.34 (1) (c) (intro.) Develop comprehensive policies and programs for the
11evaluation and, determination and reduction of hazards associated with the use of
12radiation, and for their amelioration. that are compatible with requirements of the
13U.S. nuclear regulatory commission for the regulation of by-product material,
14source material and special nuclear material. The department shall maintain all of
15the following records:
SB45, s. 2459 16Section 2459. 254.34 (1) (c) 1. of the statutes is created to read:
SB45,1139,1817 254.34 (1) (c) 1. Files of all license applications, issuances, denials, transfers,
18renewals, modifications, suspensions and revocations under s. 254.365.
SB45, s. 2460 19Section 2460. 254.34 (1) (c) 2. of the statutes is created to read:
SB45,1139,2120 254.34 (1) (c) 2. Files of all registrants under s. 254.35 and any related
21administrative or judicial action.
SB45, s. 2461 22Section 2461. 254.34 (2) (intro.) of the statutes is amended to read:
SB45,1139,2423 254.34 (2) (intro.) The department, serving as the lead agency, and the
24department of commerce
may:
SB45, s. 2462 25Section 2462. 254.34 (4) of the statutes is renumbered 254.34 (1) (h) 5.
SB45, s. 2463
1Section 2463. 254.345 of the statutes is created to read:
SB45,1140,7 2254.345 Assessment of Fee. (1) The department may annually assess a fee
3of 36% of the U.S. nuclear regulatory commission license application fee and
4materials license annual fee, for any licensee of the U.S. nuclear regulatory
5commission in this state. The fee amounts shall be used by the department for the
6department's activities under this subchapter. The department may revise the fee
7amounts by rule.
SB45,1140,8 8(2) This section does not apply after December 31, 2002.
SB45, s. 2464 9Section 2464. 254.35 (1) of the statutes is amended to read:
SB45,1141,610 254.35 (1) Application. Every For every site in this state having that has an
11ionizing radiation installation, that is not exempted by this section or the rules of the
12department shall be registered by the department by January 1, 1964, by, the person
13in control of an the installation, including installations in sites that are administered
14by a state agency or in an institution under the jurisdiction of a state agency, and no
15such shall, prior to operation, register the ionizing radiation installation with the
16department. No
ionizing radiation installation may be operated thereafter unless
17the site has been duly registered by January 1 of each year and a notice of the
18registration is possessed by the person in control. Every site having an ionizing
19radiation installation established in this state after July 20, 1985, shall be registered
20prior to its operation.
The application for registration shall be made on forms
21provided by the department which shall be devised to obtain any information that
22is considered necessary for evaluation of hazards. Multiple radiation sources at a
23single radiation installation and under the control of one person shall be listed on a
24single registration form. Registration fees shall be levied in accordance with sub. (3).
25Registration alone shall does not imply approval of manufacture, storage, use,

1handling, operation or disposal of the radiation installation or radioactive materials,
2but shall serve serves merely to inform the department of the location and character
3of radiation sources. The department shall furnish the department of commerce with
4a copy of each amended and new registration.
Persons engaged in manufacturing,
5demonstration, sale, testing or repair of radiation sources shall not be are not
6required to list such sources on the registration form.
SB45, s. 2465 7Section 2465. 254.35 (2) of the statutes is amended to read:
SB45,1141,198 254.35 (2) Amended registration. If the person in control increases the
9number of sources, source strength, rated output or energy of radiation produced in
10any installation, he or she shall notify the department of the increase prior to
11operation on the revised basis. The department shall record the change in the
12registration. No registration is transferable from one premises to another or from
13one person to another.
If the person in control transfers intends to transfer control
14of ownership of the radiation installation to another person the registration also
15transfers to the other person, who
, at least 15 days before the final transfer the
16registrant
shall notify the department of the transfer within 15 days. The
17department shall record the change in the
and the intended transferee shall file
18under sub. (1) an application for
registration. If any installation is discontinued, the
19person in control shall notify the department within 30 days of the discontinuance.
SB45, s. 2466 20Section 2466. 254.35 (3) (title) of the statutes is amended to read:
SB45,1141,2121 254.35 (3) (title) Fees Registration fees.
SB45, s. 2467 22Section 2467. 254.35 (3) (a) of the statutes is amended to read:
SB45,1142,323 254.35 (3) (a) An annual registration fee under pars. (b) to (f) (fm) shall be
24levied for each site registration under this section. An additional penalty fee of $10
25$25, regardless of the number of X-ray tubes or generally licensed devices, shall be

1required for each registration whenever the annual fee for renewal is not paid prior
2to expiration of the registration. No additional fee may be required for recording
3changes in the registration information.
SB45, s. 2468 4Section 2468. 254.35 (3) (b) of the statutes is amended to read:
SB45,1142,85 254.35 (3) (b) For a medical site having an ionizing radiation installation
6serving physicians and clinics, osteopaths and clinics, and chiropractors or hospitals
7that possesses radioactive materials in any quantity, the fee shall be at least $25 $36
8for each site and at least $30 $44 for each X-ray tube.
SB45, s. 2469 9Section 2469. 254.35 (3) (c) of the statutes is amended to read:
SB45,1142,1210 254.35 (3) (c) For a chiropractic, podiatric or veterinary site having an ionizing
11radiation installation, the fee shall be at least $25 $36 for each site and at least $30
12$44 for each X-ray tube.
SB45, s. 2470 13Section 2470. 254.35 (3) (d) of the statutes is amended to read:
SB45,1142,1514 254.35 (3) (d) For a dental site having an ionizing radiation installation, the
15fee shall be at least $25 $36 for each site and at least $20 $30 for each X-ray tube.
SB45, s. 2471 16Section 2471. 254.35 (3) (f) of the statutes is amended to read:
SB45,1142,1917 254.35 (3) (f) For an industrial, school, research project or other site having an
18ionizing radiation installation and radioactive materials in any quantity, the fee
19shall be at least $25 $36 for each site and at least $30 $44 for each X-ray tube.
SB45, s. 2472 20Section 2472. 254.35 (3) (fm) of the statutes is created to read:
SB45,1142,2521 254.35 (3) (fm) For any site that has generally licensed devices that are not
22exempted by the department, the fee shall be at least $100 for each site and at least
23$50 for each device that contains at least 370 MBq or 10 mCi of cesium-137; 37 MBq
24or 1.0 mCi of cobalt-60; 3.7 MBq or 0.1 mCi of strontium-90; or 37 MBq or 1.0 mCi
25of a transuranic.
SB45, s. 2473
1Section 2473. 254.35 (3) (g) of the statutes is amended to read:
SB45,1143,52 254.35 (3) (g) The fees under this subsection shall be as stated unless the
3department promulgates rules to increase the annual registration fee after January
41, 1986,
for a site having an ionizing radiation installation or, for an X-ray tube or
5for generally licensed devices that are not exempted by the department
.
SB45, s. 2474 6Section 2474. 254.35 (4) of the statutes is amended to read:
SB45,1143,167 254.35 (4) Exemptions. The department shall After initial registration under
8sub. (1), the department may
exempt from annual registration any source licensed
9by the nuclear regulatory commission and may exempt from registration any source
10of radiation installation which
of radiation that the department finds to be without
11undue radiation hazard as determined by standards established by the national
12committee on radiation protection and measurements or any comparable nationally
13recognized agency established for the purpose of recommending standards for
14radiation protection, and after the initial registration may exempt from subsequent
15annual radiation requirements any source of radiation devoted primarily to
16industrial purposes
.
SB45, s. 2475 17Section 2475. 254.36 of the statutes is renumbered 254.34 (1) (am) and
18amended to read:
SB45,1144,219 254.34 (1) (am) Radiation protection. The department shall promulgate a
20radiation protection code. Other departments and agencies of state government and

21A rule identical to a rule specified under par. (a) may be promulgated by a state
22agency other than the department and an ordinance identical to a rule specified
23under par. (a) may be enacted by a
local governmental units may adopt the identical
24code
unit, but no other rule , code or ordinance relating to this subject may be
25promulgated or enacted
may be promulgated or ordinance may be enacted that

1differs from a rule under par. (a) and relates to the same subject area
except as
2provided under ss. 166.03 (2) (b) 6., 293.15 (8) and 293.25.
SB45, s. 2476 3Section 2476. 254.365 of the statutes is created to read:
SB45,1144,8 4254.365 Licensing of radioactive material. (1) License required. No
5person may possess, use, manufacture, transport, store, transfer or dispose of
6radioactive material or a device or item of equipment that uses radioactive material
7or may operate a site that uses radioactive material that is not under the authority
8of the U.S. nuclear regulatory commission unless one of the following applies:
SB45,1144,99 (a) The person has a specific license issued by the department.
SB45,1144,1010 (b) The person meets general license requirements.
SB45,1144,1211 (c) The person possesses a license issued by another state or by the U.S. nuclear
12regulatory commission that is reciprocally recognized by the department.
SB45,1144,1313 (d) The person is exempted from licensure under sub. (7).
SB45,1144,15 14(2) Application. Application for a license under sub. (1) (a) or for reciprocal
15recognition under sub. (1) (c) shall be made on forms provided by the department.
SB45,1144,22 16(3) Modification or termination of license. Within 30 days after any change
17to the information on a license issued under this section, the licensee shall inform the
18department of the change and the department shall record the changed information.
19Within 30 days after termination of an activity licensed under this section, the person
20in control of the activity shall notify the department. The department may require
21that the person in control submit to the department for approval a plan for
22decommissioning the activity.
SB45,1144,23 23(4) Rules. The department shall promulgate rules for all of the following:
SB45,1144,2524 (a) The issuance, modification, suspension, termination and revocation of
25specific licenses under sub. (1) (a) under the standards specified in s. 254.34 (1) (a).
SB45,1145,1
1(b) The requirements for a general license under sub. (1) (b).
SB45,1145,3 2(5) Fees and charges. (a) The department may assess fees, the amounts of
3which are prescribed by the department by rule, for any of the following:
SB45,1145,44 1. Issuance of an initial or renewal specific license under sub. (1) (a).
SB45,1145,55 2. Annual license maintenance.
SB45,1145,66 3. Issuance of a license amendment.
SB45,1145,77 4. Termination of a license.
SB45,1145,98 5. Issuance of reciprocal recognition of a license for radioactive materials of
9another state or the U.S. nuclear regulatory commission.
SB45,1145,1310 (b) The department may assess a late payment charge of 25% of the specific
11license renewal fee, in addition to the fee under par. (a) for renewal of a specific
12license, if payment for renewal of a specific license is not made within 30 days after
13the license expiration date.
SB45,1145,17 14(6) Denial, suspension or revocation of licensure. The department may, after
15a hearing under ch. 227, refuse to issue a license or suspend or revoke a license for
16failure by the licensee to comply with this subchapter, rules promulgated by the
17department under this subchapter or any condition of the license.
SB45,1145,20 18(7) Exemption. The department may exempt from licensing requirements of
19this section radioactive material that the department finds is without undue
20radiation hazard.
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