1997 Wisconsin Act 237

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.

237,466c Section 466c. 281.48 (3) (a) of the statutes, as affected by 1997 Wisconsin Act .... (Senate Bill 494), is amended to read:

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. Except as provided in s. ss. 299.07 and 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.

237,468 Section 468 . 281.58 (3) of the statutes is renumbered 281.58 (3) (a).

237,469 Section 469 . 281.58 (3) (b) of the statutes is created to read:

281.58 (3) (b) The department may enter into an agreement with the U.S. environmental protection agency to receive a grant for federal financial hardship assistance under P.L. 104-134, Title III. The agreement may contain any provision required by 40 CFR part 31 or other environmental protection agency regulations that apply to grant recipients.

237,470 Section 470 . 281.58 (6) (b) 5. of the statutes is amended to read:

281.58 (6) (b) 5. Providing state financial hardship assistance under sub. (13) from the account under s. 25.43 (2) (b).

237,471 Section 471 . 281.58 (6) (b) 5m. of the statutes is created to read:

281.58 (6) (b) 5m. Providing federal financial hardship assistance grants under sub. (13) from the account under s. 25.43 (2) (ae).

237,472 Section 472 . 281.58 (13) (b) (intro.) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

281.58 (13) (b) A municipality with an application that is approved under sub. (9m) is eligible for state financial hardship assistance for the project costs that are eligible under the clean water fund program, except for costs to which sub. (8) (b), (c), (f) or (h) applies, if the municipality meets all of the following criteria:

237,473 Section 473 . 281.58 (13) (be) of the statutes is created to read:

281.58 (13) (be) A municipality with an application that is approved under sub. (9m) is eligible for federal financial hardship assistance for the project costs that are eligible under the clean water fund program, except for costs to which sub. (8) (b), (c), (f) or (h) applies, if the municipality meets all of the following criteria:

1. The population of the municipality is 3,000 or less.

2. The municipality is a rural community, as determined by the department.

3. The municipality lacks centralized wastewater treatment or collection systems or needs improvements to onsite wastewater treatment systems and federal financial hardship assistance will improve public health or reduce an environmental risk.

4. The per capita annual income of residents to be served by the project does not exceed 80% of national per capita annual income, based on the most recent data available from the U.S. bureau of the census.

5. On the date that the municipality applies for assistance, the unemployment rate for the county in which the municipality is located exceeds by 1% or more the average yearly national unemployment rate most recently reported by the federal bureau of labor statistics.