SB21: Bill Text

SB21,2673 Section 2673. 97.41 (1m) of the statutes is amended to read:

SB21,1063,21 97.41 (1m) In the administration of this chapter, the department may enter into a written agreement with a local health department, if the jurisdictional area of the local health department has a population greater than 5,000, which designates the local health department as the agent of the department of agriculture, trade and consumer protection for issuing licenses to and making investigations or inspections of retail food establishments, as defined in s. 97.30 (1) (c). When the designation is made, no license other than the license issued by the local health department under this section may be required by the department of agriculture, trade and consumer protection or the local health department for the same operations. The department of agriculture, trade and consumer protection shall coordinate oversee the designation of agents under this section with the department of health services to ensure that, to the extent feasible, the same local health department is granted agent status under this section and under s. 254.69 (2) 97.615 (2). Except as otherwise provided by the department of agriculture, trade and consumer protection, a local health department granted agent status shall regulate all types of establishments for which this subsection permits the department of agriculture, trade and consumer protection to delegate regulatory authority.

SB21,2674 Section 2674. 97.41 (4) (a) of the statutes is amended to read:

SB21,1064,11 97.41 (4) (a) Except as provided in par. (b), a local health department granted agent status under this section shall establish and collect the license fee for retail food establishments, as defined in s. 97.30 (1) (c). The local health department may establish separate fees for preinspections pre-licensing inspections of new establishments, for preinspections pre-licensing inspections of existing establishments for which a person intends to be the new operator or for the issuance of duplicate licenses. No fee may exceed the local health department's reasonable costs of issuing licenses to, making investigations and inspections of, and providing education, training and technical assistance to the establishments, plus the state fee established under sub. (5). A local health department which is granted agent status under this section or under s. 254.69, 97.615 may issue a single license and establish and collect a single fee which authorizes the operation on the same premises of more than one type of establishment with respect to which it is granted agent status under this section or under s. 254.69 (2) 97.615 (2).

SB21,2675 Section 2675. 97.42 (3) (em) of the statutes is amended to read:

SB21,1064,19 97.42 (3) (em) Slaughter of farm-raised deer. The requirements of pars. (a) and (b) do not apply to the slaughter of a farm-raised deer if its meat food products are not sold by a person holding a restaurant permit under s. 254.64 or by an operator of a retail food establishment, as defined under s. 97.30 (1) (c). The operator of an establishment in which farm-raised deer, their carcasses or their meat food products are examined and inspected under this subsection shall pay the department for the cost of the department's examination and inspection.

SB21,2676 Section 2676. Subchapter III (title) of chapter 97 [precedes 97.603] of the statutes is created to read:

SB21,1064,22 Chapter 97

SB21,1064,23 Subchapter III

SB21,1064,24 lodging AND VENDING MACHINES

SB21,2677 Section 2677. Subchapter IV (title) of chapter 97 [precedes 97.67] of the statutes is created to read:

SB21,1065,3 Chapter 97

SB21,1065,4 Subchapter Iv

SB21,1065,5 recreational sanitation

SB21,2678 Section 2678. Subchapter V (title) of chapter 97 [precedes 97.70] of the statutes is created to read:

SB21,1065,8 Chapter 97

SB21,1065,9 Subchapter V

SB21,1065,10 general provisions

SB21,2679 Section 2679. 97.70 of the statutes is created to read:

SB21,1065,15 97.70 Authority of department of safety and professional services. Nothing in this chapter affects the authority of the department of safety and professional services relative to places of employment, elevators, boilers, fire escapes, fire protection, or the construction of public buildings.

SB21,2680 Section 2680. 97.703 of the statutes is created to read:

SB21,1065,18 97.703 Joint employment. The department and the department of safety and professional services may employ experts, inspectors, or other assistants jointly.

SB21,2681 Section 2681. 100.207 (6) (em) 2. of the statutes is amended to read:

SB21,1065,22 100.207 (6) (em) 2. The department shall submit the recommendations under subd. 1., if any, to the legislature as part of the report required under s. 227.19 (2) and to the board of agriculture, trade and consumer protection.

SB21,2682 Section 2682. 100.36 of the statutes is amended to read:

SB21,1066,7 100.36 Frauds; substitute for butter; advertisement. No person may use the word "butter" in any way in connection or association with the sale or exposure for sale or advertisement of any substance designed to be used as a substitute for butter. No person may use terms such as "cream", "creamery" or "dairy", or the name or representation of any breed of dairy cattle, or any combination of such words and representation, or any other words or symbols or combinations thereof commonly used in the sale of butter unless at least 40% of the substitute is butterfat. If the term "butter" is used in connection with the name of any such product, it shall be qualified so as to distinguish it from butter as defined in s. 97.01 (1) (1r).

SB21,2683 Section 2683. 100.45 (1) (dm) of the statutes is amended to read:

SB21,1066,18 100.45 (1) (dm) "State agency" means any office, department, agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law which is entitled to expend moneys appropriated by law, including the legislature and the courts, the Wisconsin Housing and Economic Development Authority, the Bradley Center Sports and Entertainment Corporation, the University of Wisconsin Hospitals and Clinics Authority, the University of Wisconsin System Authority, the Wisconsin Health and Educational Facilities Authority, the Wisconsin Aerospace Authority, the Wisconsin Economic Development Corporation Forward Wisconsin Development Authority, and the Fox River Navigational System Authority.

SB21,2684 Section 2684. 100.67 of the statutes is created to read:

SB21,1066,21 100.67 Private trade, business, technical, and other schools. (1) Definitions. In this section, unless the context clearly requires otherwise:

SB21,1066,22 (b) "Course" has the meaning given in s. 440.52 (1) (b).

SB21,1066,23 (c) "Course of instruction" has the meaning given in s. 440.52 (1) (c).

SB21,1066,24 (d) "Person" has the meaning given in s. 440.52 (1) (d).

SB21,1066,25 (e) "School" has the meaning given in s. 440.52 (1) (e).

SB21,1067,3 (2) Responsibilities. The department shall protect the general public by investigating complaints and potential violations related to this section and s. 440.52.

SB21,1067,5 (3) Rule-making power. The department may promulgate rules and establish standards necessary to administer this section.

SB21,2685 Section 2685. 101.01 (4) of the statutes is amended to read:

SB21,1067,11 101.01 (4) "Employer" means any person, firm, corporation, state, county, town, city, village, school district, sewer district, drainage district, long-term care district and other public or quasi-public corporations as well as any agent, manager, representative or other person having control or custody of any employment, place of employment or of any employee.

SB21,2686 Section 2686. 101.02 (20) (b) of the statutes is amended to read:

SB21,1067,23 101.02 (20) (b) Except as provided in par. (e), the department of safety and professional services may not issue or renew a license unless each applicant who is an individual provides the department of safety and professional services with his or her social security number and each applicant that is not an individual provides the department of safety and professional services with its federal employer identification number. The department of safety and professional services may not disclose the social security number or the federal employer identification number of an applicant for a license or license renewal except to the department of revenue for the sole purpose of requesting certifications under s. 73.0301 and to the department of workforce development for the sole purpose of requesting certifications under s. 108.227.

SB21,2687 Section 2687. 101.02 (20) (c) of the statutes is amended to read:

SB21,1068,5 101.02 (20) (c) The department of safety and professional services may not issue or renew a license if the department of revenue certifies under s. 73.0301 that the applicant or licensee is liable for delinquent taxes or if the department of workforce development certifies under s. 108.227 that the applicant or licensee is liable for delinquent unemployment insurance contributions.

SB21,2688 Section 2688. 101.02 (20) (d) of the statutes is amended to read:

SB21,1068,11 101.02 (20) (d) The department of safety and professional services shall revoke a license if the department of revenue certifies under s. 73.0301 that the licensee is liable for delinquent taxes or if the department of workforce development certifies under s. 108.227 that the licensee is liable for delinquent unemployment insurance contributions.

SB21,2689 Section 2689. 101.02 (20) (e) 1. of the statutes is amended to read:

SB21,1068,18 101.02 (20) (e) 1. If an applicant who is an individual does not have a social security number, the applicant, as a condition of applying for or applying to renew a license shall submit a statement made or subscribed under oath or affirmation to the department of safety and professional services that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of children and families.

SB21,2690 Section 2690. 101.02 (21) (b) of the statutes is amended to read:

SB21,1069,3 101.02 (21) (b) As provided in the memorandum of understanding under s. 49.857 and except as provided in par. (e), the department of safety and professional services may not issue or renew a license unless the applicant provides the department of safety and professional services with his or her social security number. The department of safety and professional services may not disclose the social security number except that the department of safety and professional services may disclose the social security number of an applicant for a license under par. (a) or a renewal of a license under par. (a) to the department of children and families for the sole purpose of administering s. 49.22.

SB21,2691 Section 2691. 101.02 (21) (e) 1. of the statutes is amended to read:

SB21,1069,10 101.02 (21) (e) 1. If an applicant who is an individual does not have a social security number, the applicant, as a condition of applying for or applying to renew a license shall submit a statement made or subscribed under oath or affirmation to the department of safety and professional services that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of children and families.

SB21,2692 Section 2692. 101.05 (2) of the statutes is amended to read:

SB21,1069,14 101.05 (2) A bed and breakfast establishment, as defined under s. 254.61 (1) 97.01 (1g), is not subject to building codes adopted by the department under this subchapter.

SB21,2693 Section 2693. 101.12 (1) (intro.) of the statutes is amended to read:

SB21,1069,20 101.12 (1) (intro.) Except for plans that are reviewed by the department of health services under ss. 50.02 (2) (b) and, 50.025, 50.36 (2), or 50.92 (3m), the department shall require the submission of essential drawings, calculations and specifications for public buildings, public structures and places of employment including the following components:

SB21,2694 Section 2694. 101.123 (1) (bn) 1. of the statutes is amended to read:

SB21,1069,23 101.123 (1) (bn) 1. A bed and breakfast establishment, as defined in s. 254.61 (1) 97.01 (1g).

SB21,2695 Section 2695. 101.123 (1) (bn) 2. of the statutes is amended to read:

SB21,1069,25 101.123 (1) (bn) 2. A hotel, as defined in s. 254.61 (3) 97.01 (7).

SB21,2696 Section 2696. 101.123 (1) (bn) 3. of the statutes is amended to read:

SB21,1070,3 101.123 (1) (bn) 3. A tourist rooming house, as defined in s. 254.61 (6) 97.01 (15k).

SB21,2697 Section 2697. 101.123 (1) (f) of the statutes is amended to read:

SB21,1070,6 101.123 (1) (f) "Restaurant" means an establishment as defined has the meaning given in s. 254.61 (5) 97.01 (14g).

SB21,2698 Section 2698. 101.123 (2) (d) 4. of the statutes is amended to read:

SB21,1070,10 101.123 (2) (d) 4. A location that is 25 feet or less from a residence hall or dormitory that is owned or operated by the state leases to the Board of Regents of the University of Wisconsin System Authority.

SB21,2699 Section 2699. 101.128 (1) (c) of the statutes is amended to read:

SB21,1070,12 101.128 (1) (c) "Hotel" has the meaning given in s. 254.61 (3) 97.01 (7).

SB21,2700 Section 2700. 101.128 (1) (e) of the statutes is amended to read:

SB21,1070,14 101.128 (1) (e) "Restaurant" has the meaning given in s. 254.61 (5) 97.01 (14g).

SB21,2701 Section 2701. 101.14 (4) (b) 3. a. of the statutes is amended to read:

SB21,1070,20 101.14 (4) (b) 3. a. Every residence hall and dormitory over 60 feet in height, the initial construction of which was begun before April 26, 2000, that is owned or operated by the state leases to the board of regents of the University of Wisconsin System Authority to contain an automatic fire sprinkler system on each floor by January 1, 2006.

SB21,2702 Section 2702. 101.14 (4) (b) 3. b. of the statutes is amended to read:

SB21,1071,2 101.14 (4) (b) 3. b. Every residence hall and dormitory, the initial construction of which is begun on or after April 26, 2000, that is owned or operated by the state leases to the board of regents of the University of Wisconsin System Authority to have an automatic fire sprinkler system installed on each floor at the time the residence hall or dormitory is constructed.

SB21,2703 Section 2703. 101.14 (4) (b) 3. c. of the statutes is amended to read:

SB21,1071,9 101.14 (4) (b) 3. c. Every residence hall and dormitory over 60 feet in height, the initial construction of which was begun before January 7, 2006, that is owned or operated by an institution of higher education, other than a residence hall or dormitory that is owned or operated by the state leases to the Board of Regents of the University of Wisconsin System Authority, to contain an automatic fire sprinkler system on each floor by January 1, 2014.

SB21,2704 Section 2704. 101.14 (4) (b) 3. d. of the statutes is amended to read:

SB21,1071,16 101.14 (4) (b) 3. d. Every residence hall and dormitory, the initial construction of which is begun on or after January 7, 2006, that is owned or operated by an institution of higher education, other than a residence hall or dormitory that is owned or operated by the state leases to the Board of Regents of the University of Wisconsin System Authority, to have an automatic fire sprinkler system installed on each floor at the time the residence hall or dormitory is constructed.

SB21,2705 Section 2705. 101.149 (1) (ag) of the statutes is amended to read:

SB21,1071,19 101.149 (1) (ag) "Bed and breakfast establishment" has the meaning given in s. 254.61 (1) 97.01 (1g).

SB21,2706 Section 2706. 101.149 (1) (cm) of the statutes is amended to read:

SB21,1071,22 101.149 (1) (cm) "Tourist rooming house" has the meaning given in s. 254.61 (6) 97.01 (15k).

SB21,2707 Section 2707. 101.149 (5) (c) of the statutes is amended to read:

SB21,1072,2 101.149 (5) (c) All of the fuel-burning appliances in the residential building have sealed combustion units that are inspected as provided in the rules promulgated by the department under sub. (6) (b) or in the rules promulgated by the department of health services under s. 254.74 97.625 (1) (am).

SB21,2708 Section 2708. 101.149 (6) (b) of the statutes is amended to read:

SB21,1072,14 101.149 (6) (b) The department shall promulgate rules, in consultation with the department of health services, under which the department of safety and professional services shall authorize certified heating, ventilating, and air conditioning inspectors to conduct regular inspections of sealed combustion units, as required under sub. (5) (c), for carbon monoxide emissions in residential buildings other than hotels, tourist rooming houses, and bed and breakfast establishments. The rules shall specify conditions under which it may issue orders as specified under sub. (8) (a). The rules may not require the department of safety and professional services to authorize inspection of sealed combustion units during the period in which the sealed combustion units are covered by a manufacturer's warranty against defects.

SB21,2709 Section 2709 . 101.149 (8) (a) of the statutes is amended to read:

SB21,1072,24 101.149 (8) (a) If the department of safety and professional services or the department of health services determines after an inspection of a building under this section or s. 254.74 (1g) that the owner of the building has violated sub. (2) or (3), the respective department shall issue an order requiring the person to correct the violation within 5 days or within such shorter period as the respective department determines is necessary to protect public health and safety. If the person does not correct the violation within the time required, he or she shall forfeit $50 for each day of violation occurring after the date on which the respective department finds that the violation was not corrected.

SB21,2710 Section 2710 . 101.149 (8) (a) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

SB21,1073,11 101.149 (8) (a) If the department or the department of health services agriculture, trade and consumer protection determines after an inspection of a building under this section or s. 254.74 97.625 (1g) that the owner of the building has violated sub. (2) or (3), the respective department shall issue an order requiring the person to correct the violation within 5 days or within such shorter period as the respective department determines is necessary to protect public health and safety. If the person does not correct the violation within the time required, he or she shall forfeit $50 for each day of violation occurring after the date on which the respective department finds that the violation was not corrected.