1997 Wisconsin Act 237

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.

237,474 Section 474 . 281.58 (13) (bs) of the statutes is created to read:

281.58 (13) (bs) If a municipality is eligible for state financial hardship assistance under par. (b) and for federal financial hardship assistance under par. (be), the department may determine whether to provide state financial hardship assistance, federal financial hardship assistance or both for the municipality's project.

237,475 Section 475 . 281.58 (13) (cm) of the statutes is created to read:

281.58 (13) (cm) The amount and type of assistance to be provided to a municipality that receives state financial hardship assistance shall be determined under rules promulgated by the department. Assistance to be provided to a municipality that receives federal financial hardship assistance shall be in the form of a grant for a portion of the project costs plus a loan at the interest rate under sub. (12) for the type of project being funded. The maximum amount of subsidy that a municipality receiving federal financial hardship assistance may receive is equal to the amount of subsidy that the municipality would have received if it had received state financial hardship assistance. If a municipality receives state financial hardship assistance and federal financial hardship assistance for a project, the total amount of the subsidy for the project may not exceed the amount of subsidy that the municipality would have received if it had received only state financial hardship assistance. Subsection (8) (g) does not apply to the amount of a federal financial hardship assistance grant that a municipality may receive.

237,476 Section 476 . 281.58 (13) (d) of the statutes is amended to read:

281.58 (13) (d) The department shall establish a financial hardship assistance funding list for each fiscal year that ranks projects of municipalities that are eligible under par. (b) or (be), and that submit complete financial assistance applications under sub. (9) (a) no later than June 30 of the preceding fiscal year, in the same order that they appear on the priority list under sub. (8e).

237,477 Section 477 . 281.58 (13) (e) (intro.) of the statutes is amended to read:

281.58 (13) (e) (intro.) In Subject to par. (em), in each fiscal year, the department shall allocate financial hardship assistance under this subsection in the following order:

237,478 Section 478 . 281.58 (13) (em) of the statutes is created to read:

281.58 (13) (em) 1. In a fiscal year, if all available state financial hardship assistance has been allocated under par. (e) and federal financial hardship assistance remains to be allocated, the department may allocate federal financial hardship assistance to projects that are eligible for federal financial hardship assistance under par. (be), but that are lower on the funding list than projects that are eligible only for state financial hardship assistance under par. (b), beginning with the next project on the funding list that is eligible for federal financial hardship assistance.

2. In a fiscal year, if all available federal financial hardship assistance has been allocated and state financial hardship assistance remains to be allocated, the department may allocate state financial hardship assistance to projects that are eligible for state financial hardship assistance under par. (b), but that are lower on the funding list than projects that are eligible only for federal financial hardship assistance under par. (be), beginning with the next project on the funding list that is eligible for state financial hardship assistance.

237,479 Section 479 . 281.59 (3) (a) 6. of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

281.59 (3) (a) 6. An amount equal to the estimated present value of subsidies for all clean water fund program loans and grants expected to be made for the wastewater treatment projects listed in the biennial needs list under s. 281.58 (3m), except for federal financial hardship assistance grants under s. 281.58 (13), discounted at a rate of 7% per year to the first day of the biennium for which the biennial finance plan is prepared.

237,480 Section 480 . 281.59 (3e) (a) 1. of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

281.59 (3e) (a) 1. An amount of present value of the subsidy for the clean water fund program, except for federal financial hardship assistance grants under s. 281.58 (13), that is specified for that biennium under par. (b) and is based on the amount included in the biennial finance plan under sub. (3) (a) 6.

237,481 Section 481 . 281.59 (3e) (e) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

281.59 (3e) (e) The department may expend, for financial hardship assistance, other than federal financial hardship assistance grants under s. 281.58 (13) (be), in a biennium under s. 281.58 (13) (e), an amount up to 15% of the amount approved by the legislature under par. (b) for that biennium. The department may expend such amount only from the percentage of the amount approved by the legislature under par. (b) that is not available under par. (d) for financial assistance.

237,481e Section 481e. 281.60 (5) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

281.60 (5) Application. After submitting a notice of intent to apply under sub. (3) (a) or obtaining a waiver under sub. (3) (b), an eligible applicant shall submit an application for land recycling loan program financial assistance to the department. The eligible applicant shall submit the application before the April 30 preceding the beginning of the fiscal year in which the eligible applicant is requesting to receive the financial assistance date established by the department by rule. The application shall be in the form and include the information required by the department and the department of administration. An eligible applicant may not submit more than one application per project per year.

237,481f Section 481f. 281.60 (8) (a) (intro.) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

281.60 (8) (a) (intro.) The department shall establish a funding list for each fiscal year that ranks projects of eligible applicants that submit approvable applications under sub. (5) before the April 30 preceding the beginning of the fiscal year in the same order that they appear on the priority list under sub. (6). If sufficient funds are not available to fund all approved applications for financial assistance, the department of administration shall allocate funding to projects that are approved under sub. (7) in the order that they appear on the funding list, except as follows:

237,481g Section 481g. 281.60 (10) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

281.60 (10) Deadline for closing. If funding is allocated to a project under sub. (8) for a loan and the loan is not closed before April 30 of the year following the year in within 12 months after the date on which funding is allocated, the department of administration shall release the funding allocated to the project.

237,481m Section 481m. 281.65 (8b) of the statutes is created to read:

281.65 (8b) Beginning in 1999, if the department establishes an anticipated cost-share reimbursement amount for a year for a county that receives funding under this section and the county enters into cost-share agreements with landowners or operators that result in reimbursable amounts for the year that exceed the amount established by the department, the county shall provide reimbursement to the landowners or operators in the amount by which the reimbursable amounts exceed the amount established by the department.

237,482 Section 482 . 281.99 (2) (a) 1. of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

281.99 (2) (a) 1. For water systems that serve a population of more than 10,000 persons, not less than $10 and not nor more than $1,000 for each day of each violation, but not more than $25,000 per violation in one order.

237,484 Section 484 . 292.15 (2) (a) (intro.) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

292.15 (2) (a) (intro.) Except as provided in sub. (6) or (7), a voluntary party is exempt from the provisions of ss. 289.05 (1), (2), (3) and (4), 289.42 (1), 289.67, 291.25 (1) to (5), 291.29, 291.37, 292.11 (3), (4) and (7) (b) and (c) and 292.31 (8), and rules promulgated under those provisions, with respect to the existence of a hazardous substance on the property, if all of the following occur at any time before or after the date of acquisition:

237,485 Section 485 . 292.15 (4) (intro.) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

292.15 (4) Limited responsibility. (intro.) The responsibility of a voluntary party under sub. (2) (a) 2. may be monetarily limited by agreement between the voluntary party and the department if the voluntary party purchased the property from a municipality local governmental unit that acquired the property in a way described in s. 292.11 (9) (e) 1m. a. or, b., c. or d. The agreement shall stipulate all of the following:

237,486 Section 486 . 292.15 (7) (c) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read: