2015 Wisconsin Act 55

(3) Each certificate is valid for 5 years from the date of issuance and, except as provided in s. 250.041 93.135, may be renewed by the certificate holder if he or she satisfactorily completes an approved examination.

(5) The department shall conduct evaluations of the effect that the food protection practices certification program has on compliance by restaurants with requirements established under s. 254.74 (1) 97.30 (5).

(6) (c) Establishing procedures for issuance, except as provided in s. 250.041 93.135, of certificates of food protection practices, including application submittal and review.

55,4088 Section 4088. 254.715 of the statutes is renumbered 97.305.

55,4089 Section 4089. 254.72 of the statutes is renumbered 97.62 and amended to read:

97.62 Health and safety; standard. Every hotel, tourist rooming house, bed and breakfast establishment, restaurant, temporary restaurant, vending machine commissary and vending machine shall be operated and maintained with a strict regard to the public health and safety and in conformity with this subchapter and the rules and orders of the department.

55,4090 Section 4090. 254.73 of the statutes is renumbered 97.623.

55,4091 Section 4091. 254.74 of the statutes is renumbered 97.625, and 97.625 (1) (a), (am), (b), (d) and (e), (1p) (a) (intro.) and 2. and (b) and (2), as renumbered, are amended to read:

97.625 (1) (a) Administer and enforce this subchapter, the rules promulgated under this subchapter and any other rules or laws relating to the public health and safety in hotels, tourist rooming houses, bed and breakfast establishments, restaurants, vending machine commissaries, vending machines and vending machine locations.

(am) Promulgate rules, in consultation with the department of safety and professional services, under which the department of health services shall conduct regular inspections of sealed combustion units, as required under s. 101.149 (5) (c), for carbon monoxide emissions in hotels, tourist rooming houses, and bed and breakfast establishments. The rules shall specify conditions under which it may issue orders as specified under s. 101.149 (8) (a). The rules may not require the department of health services to inspect sealed combustion units during the period in which the sealed combustion units are covered by a manufacturer's warranty against defects.

(b) Require hotels, tourist rooming houses, restaurants, vending machine operators and vending machine commissaries to file reports and information the department deems necessary.

(d) Prescribe rules and fix standards, including rules covering the general sanitation and cleanliness of premises regulated under this subchapter, the proper handling and storing of food on such premises, the construction and sanitary condition of the premises and equipment to be used and the location and servicing of equipment. The rules relating to the public health and safety in bed and breakfast establishments may not be stricter than is reasonable for the operation of a bed and breakfast establishment, shall be less stringent than rules relating to other establishments hotels, tourist rooming houses, and vending machine commissaries regulated by this subchapter and may not require 2nd exits for a bed and breakfast establishment on a floor above the first level.

(e) Hold a hearing under ch. 227 if, in lieu of proceeding under ch. 68, any interested person in the jurisdictional area of a local health department not granted agent status under s. 254.69 97.615 appeals to the department of health services alleging that a permit license fee for a hotel, restaurant, temporary restaurant, tourist rooming house, campground, camping resort, recreational or educational camp or public swimming pool exceeds the permit license issuer's reasonable costs of issuing permits licenses to, making investigations and inspections of, and providing education, training and technical assistance to the establishment.

(1p) (a) The department may grant the holder of a permit license for a bed and breakfast establishment a waiver from the requirement specified under s. 254.61 (1) (b) 97.01 (1g) (b) to allow the holder of a permit license for a bed and breakfast establishment to serve breakfast to other tourists or transients if all of the following conditions are met:

2. The other tourists or transients are provided sleeping accommodations in a tourist rooming house for which the permit license holder for the bed and breakfast establishment is the permit license holder.

(b) A waiver granted under par. (a) is valid for the period of validity of a permit license that is issued for the bed and breakfast establishment under s. 254.64 97.605 (1) (b).

(2) A local health department designated as an agent under s. 254.69 (2) 97.615 (2) may exercise the powers specified in sub. (1) (a) to (d), consistent with s. 254.69 97.615 (2) (g).

55,4092 Section 4092. 254.76 of the statutes is renumbered 97.627.

55,4093 Section 4093. 254.78 of the statutes is renumbered 254.04 and amended to read:

254.04 Authority of department of safety and professional services. Nothing in this chapter shall affect 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.

55,4094 Section 4094. 254.79 of the statutes is renumbered 254.05.

55,4095 Section 4095. 254.80 of the statutes is renumbered 97.633.

55,4096 Section 4096. 254.81 of the statutes is renumbered 97.634.

55,4097 Section 4097. 254.82 of the statutes is renumbered 97.635.

55,4098 Section 4098. 254.83 of the statutes is renumbered 97.638.

55,4099 Section 4099. 254.84 (title), (1), (2), (3) and (4) of the statutes are renumbered 97.639 (title), (1), (2), (3) and (4).

55,4100 Section 4100. 254.84 (5) of the statutes is renumbered 97.639 (5) and amended to read:

97.639 (5) Construction. Nothing in this section may be construed to require establishments motels, motor courts, tourist cabins, or like accommodations to have outdoor or outside signs. This section shall be liberally construed so as to prevent untrue, misleading, false, or fraudulent representations relating to rates placed on outdoor or outside signs of the establishments.

55,4101 Section 4101. 254.84 (6) of the statutes is repealed.

55,4102 Section 4102. 254.85 of the statutes is renumbered 97.65, and 97.65 (1), (2), (3) and (4), as renumbered, are amended to read:

97.65 (1) The department may enter, at reasonable hours, any premises for which a permit license is required under this subchapter or s. 254.47 97.67 or any restaurant or temporary restaurant for which a license is required under s. 97.30 to inspect the premises, secure samples or specimens, examine and copy relevant documents and records, or obtain photographic or other evidence needed to enforce this subchapter or s. 254.47 97.30 or 97.67. If samples of food are taken, the department shall pay or offer to pay the market value of the samples taken. The department shall examine the samples and specimens secured and shall conduct other inspections and examinations needed to determine whether there is a violation of this subchapter, s. 254.47 97.30 or 97.67, or rules promulgated by the department under this subchapter or s. 254.47 97.30 or 97.67.

(2) (a) Whenever, as a result of an examination, the department has reasonable cause to believe that any examined food constitutes, or that any construction, sanitary condition, operation, or method of operation of the premises or equipment used on the premises creates, an immediate danger to health, the administrator of the division of the department responsible for public health may issue a temporary order and cause it to be delivered to the permittee licensee, or to the owner or custodian of the food, or to both. The order may prohibit the sale or movement of the food for any purpose, prohibit the continued operation or method of operation of specific equipment, require the premises to cease other operations or methods of operation which create the immediate danger to health, or set forth any combination of these requirements. The administrator department may order the cessation of all operations authorized by the permit license only if a more limited order does not remove the immediate danger to health. Except as provided in par. (c), no temporary order is effective for longer than 14 days from the time of its delivery, but a temporary order may be reissued for one additional 14-day period, if necessary to complete the analysis or examination of samples, specimens, or other evidence.

(b) No food described in a temporary order issued and delivered under par. (a) may be sold or moved and no operation or method of operation prohibited by the temporary order may be resumed without the approval of the department, until the order has terminated or the time period specified in par. (a) has run out, whichever occurs first. If the department, upon completed analysis and examination, determines that the food, construction, sanitary condition, operation or method of operation of the premises or equipment does not constitute an immediate danger to health, the permittee licensee, owner, or custodian of the food or premises shall be promptly notified in writing and the temporary order shall terminate upon his or her receipt of the written notice.

(c) If the analysis or examination shows that the food, construction, sanitary condition, operation or method of operation of the premises or equipment constitutes an immediate danger to health, the permittee licensee, owner, or custodian shall be notified within the effective period of the temporary order issued under par. (a). Upon receipt of the notice, the temporary order remains in effect until a final decision is issued under sub. (3), and no food described in the temporary order may be sold or moved and no operation or method of operation prohibited by the order may be resumed without the approval of the department.

(3) A notice issued under sub. (2) (c) shall be accompanied by a statement which informs the permittee licensee, owner, or custodian that he or she has a right to request a hearing in writing within 15 days after issuance of the notice. The department shall hold a hearing no later than 15 days after the department receives the written request for a hearing, unless both parties agree to a later date. A final decision shall be issued under s. 227.47 within 10 days of the conclusion of the hearing. The decision may order the destruction of food, the diversion of food to uses which do not pose a danger to health, the modification of food so that it does not create a danger to health, changes to or replacement of equipment or construction, other changes in or cessations of any operation or method of operation of the equipment or premises, or any combination of these actions necessary to remove the danger to health. The decision may order the cessation of all operations authorized by the permit license only if a more limited order will not remove the immediate danger to health.

(4) A proceeding under this section, or the issuance of a permit license for the premises after notification of procedures under this section, does not constitute a waiver by the department of its authority to rely on a violation of this subchapter, s. 254.47 97.30 or 97.67, or any rule promulgated under this subchapter or s. 254.47 97.30 or 97.67 as the basis for any subsequent suspension or revocation of the permit license or any other enforcement action arising out of the violation.

55,4103 Section 4103. 254.86 of the statutes is renumbered 97.71 and amended to read:

97.71 Suspension or revocation of permit license. The department or a local health department designated as an agent under s. 254.69 97.615 (2) or 97.41 (2) may refuse or withhold issuance of a permit license under this chapter or may suspend or revoke a permit license for violation of this subchapter chapter or any rule or order of the department of health services, ordinance of the village, city or county or regulation of the local board of health.

55,4104 Section 4104. 254.87 of the statutes is repealed.

55,4105 Section 4105. 254.88 of the statutes is repealed.

55,4108 Section 4108. 255.08 of the statutes is renumbered 463.25, and 463.25 (2) (a) and (b), as renumbered, are amended to read:

463.25 (2) (a) No person may operate a tanning facility without a permit that the department may, except as provided in ss. 250.041 and 254.115 s. 463.14, 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.

(b) Permits issued under this subsection shall expire annually on June 30. Except as provided in ss. 250.041 and 254.115 s. 463.14, a permit applicant shall submit an application for a permit to the department on a form provided by the department with a the permit fee established by the department by rule under s. 440.03 (9). 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.

55,4109b Section 4109b. 255.35 (1m) (a) 2. of the statutes is amended to read:

255.35 (1m) (a) 2. Licensure as a licensed practical nurse under s. 441.10 (3).

55,4109d Section 4109d. 255.35 (3) (c) of the statutes is created to read:

255.35 (3) (c) The department may use moneys expended from the appropriation under s. 20.435 (1) (ds) for the poison control system under this section as the state share for purposes of obtaining federal matching funds under 42 USC 1397aa to 42 USC 1397mm, if those moneys are eligible for a federal funding match.

55,4109j Section 4109j. 256.15 (4) (c) of the statutes is amended to read:

256.15 (4) (c) Notwithstanding par. (a) and subject to par. (d), the department may promulgate rules that establish standards for staffing of ambulances in which the primary services provided are those which an emergency medical technician — intermediate is authorized to provide or those which an emergency medical technician — paramedic is authorized to provide.

55,4109k Section 4109k. 256.15 (4) (d) of the statutes is created to read:

256.15 (4) (d) If an ambulance service provider that was initially licensed at the paramedic level in 1993 and is located in a municipality in Dodge and Jefferson counties has dispatched an ambulance containing 2 emergency medical technicians — paramedics, the department shall allow that ambulance service provider to staff an ambulance at the paramedic level for a subsequent call with one emergency medical technician — paramedic and one emergency medical technician of any level while the first ambulance containing 2 emergency medical technicians — paramedics is occupied providing service.

55,4110 Section 4110. 257.01 (5) (a) of the statutes is amended to read:

257.01 (5) (a) An individual who is licensed as a physician, a physician assistant, or a podiatrist under ch. 448, licensed as a registered nurse, licensed practical nurse, or nurse-midwife under ch. 441, licensed as a dentist under ch. 447, licensed as a pharmacist under ch. 450, licensed as a veterinarian or certified as a veterinary technician under ch. 453 89, or certified as a respiratory care practitioner under ch. 448.

55,4111 Section 4111. 257.01 (5) (b) of the statutes is amended to read:

257.01 (5) (b) An individual who was at any time within the previous 10 years, but is not currently, licensed as a physician, a physician assistant, or a podiatrist under ch. 448, licensed as a registered nurse, licensed practical nurse, or nurse-midwife, under ch. 441, licensed as a dentist under ch. 447, licensed as a pharmacist under ch. 450, licensed as a veterinarian or certified as a veterinary technician under ch. 453 89, or certified as a respiratory care practitioner under ch. 448, if the individual's license or certification was never revoked, limited, suspended, or denied renewal.

55,4112e Section 4112e. 281.31 (2m) (intro.) of the statutes is amended to read:

281.31 (2m) (intro.) Notwithstanding any other provision of law or administrative rule, a shoreland zoning ordinance required under s. 59.692, a construction site erosion control and storm water management zoning ordinance authorized under s. 59.693, 60.627, 61.354, or 62.234, or a wetland zoning ordinance required under s. 61.351 or 62.231 does not apply to lands any of the following:

(a) Lands adjacent to farm drainage ditches if all of the following apply:

55,4112f Section 4112f. 281.31 (2m) (a) of the statutes is renumbered 281.31 (2m) (a) 1. and amended to read:

281.31 (2m) (a) 1. Such The lands are not adjacent to a natural navigable stream or river;.

55,4112g Section 4112g. 281.31 (2m) (b) of the statutes is renumbered 281.31 (2m) (a) 2. and amended to read:

281.31 (2m) (a) 2. Those parts of the drainage ditches adjacent to these lands were nonnavigable streams before ditching; and.

55,4112h Section 4112h. 281.31 (2m) (bg) of the statutes is created to read:

281.31 (2m) (bg) Lands adjacent to artificially constructed drainage ditches, ponds, or storm water retention basins that are not hydrologically connected to a natural navigable water body.

55,4112i Section 4112i. 281.31 (2m) (c) of the statutes is repealed.

55,4117 Section 4117. 281.57 (7) (c) 1. of the statutes is amended to read:

281.57 (7) (c) 1. Metropolitan sewerage districts that serve 1st class cities are limited in each fiscal year to receiving total grant awards not to exceed 33% of the sum of the amounts in the schedule for that fiscal year for the appropriation under s. 20.165 (2) (de) (ke) and the amount authorized under sub. (10) for that fiscal year plus the unencumbered balance at the end of the preceding fiscal year for the amount authorized under sub. (10). This subdivision is not applicable to grant awards provided during fiscal years 1985-86, 1986-87, 1988-89 and 1989-90.

55,4119 Section 4119. 281.58 (8) (c) of the statutes is amended to read:

281.58 (8) (c) Except as provided in par. (k), financial assistance may be provided for the design, planning and construction of a collection system, interceptor or individual system project in an unsewered municipality or an unsewered area of a municipality, only if the department finds that at least two-thirds of the initial flow will be for wastewater originating from residences in existence on October 17, 1972 for at least 20 years prior to the submission of the application under sub. (9) (a).

55,4120 Section 4120. 281.58 (8) (i) of the statutes is amended to read:

281.58 (8) (i) After June 30, 1991, no municipality may receive for projects in a biennium an amount that exceeds 35.2% of the amount approved by the legislature under s. 281.59 (3e) (b) that the department of administration projects will be available to provide financial assistance for projects under this section for that biennium.

55,4121 Section 4121. 281.58 (8) (j) of the statutes is amended to read:

281.58 (8) (j) The amount of a payment under sub. (6) (b) 8. may not exceed the amount of subsidy necessary to reduce the interest rate on the loan from market rate to the interest rate that would have been charged on a loan to the municipality under sub. (6) (b) 4.

55,4122 Section 4122. 281.58 (9) (e) of the statutes is amended to read:

281.58 (9) (e) If the department of natural resources and the department of administration determine that the governor's recommendation, as set forth in the executive budget bill, for the amount under s. 281.59 (3e) (b), the amount available under s. 20.866 (2) (tc), or the amount available under s. 281.59 (4) (f) the total amount that the department of administration projects will be available to provide financial assistance for projects under this section for a biennium, as set forth in the biennial finance plan under s. 281.59 (3) (a) 2. and as updated under s. 281.59 (3) (bm) 2., is insufficient to provide funding for all projects for which applications will be approved during that biennium, the department shall inform municipalities that, if the governor's recommendations are approved, clean water fund program assistance during a fiscal year of that biennium will be available only to municipalities that submit financial assistance applications by the June 30 preceding September 30 of that fiscal year.

55,4123 Section 4123. 281.58 (9m) (a) (intro.) of the statutes is amended to read:

281.58 (9m) (a) (intro.) Subject to pars. (c) and par. (d), the department shall approve an application after all of the following occur:

55,4124 Section 4124. 281.58 (9m) (c) of the statutes is repealed.

55,4125 Section 4125. 281.58 (9m) (e) 1. of the statutes is amended to read:

281.58 (9m) (e) 1. Except as provided under par. (f) and sub. (13), if a sufficient amount of subsidy financial assistance under this section is available under s. 281.59 (3e) (b) for the municipality's project, based on the calculation under s. 281.59 (3e) (f), when the department approves the application under par. (a), the department of administration shall allocate that amount to the project.

55,4126 Section 4126. 281.58 (9m) (e) 2. of the statutes is amended to read:

281.58 (9m) (e) 2. If a sufficient amount of subsidy financial assistance under this section is not available under s. 281.59 (3e) (b) for the municipality's project when the department approves the application under subd. 1. par. (a), the department shall place the project on a list for allocation when additional subsidy becomes financial assistance becomes available.

55,4127 Section 4127. 281.58 (9m) (f) (intro.) of the statutes is amended to read:

281.58 (9m) (f) (intro.) If the department of natural resources and the department of administration determine that the amount approved under s. 281.59 (3e) (b), the amount available under s. 20.866 (2) (tc), or the amount available under s. 281.59 (4) (f) available to provide financial assistance for projects under this section for a biennium is insufficient to provide funding for all projects for which applications will be approved during that biennium, all of the following apply:

55,4128 Section 4128. 281.58 (9m) (f) 1. of the statutes is amended to read:

281.58 (9m) (f) 1. The department shall establish a funding list for each fiscal year of the biennium that ranks projects of municipalities that submit financial assistance applications under sub. (9) (a) no later than the June 30 preceding September 30 of the fiscal year in the same order that they appear on the priority list under sub. (8e).

55,4129 Section 4129. 281.58 (9m) (fm) of the statutes is amended to read:

281.58 (9m) (fm) The department, in consultation with the department of administration, shall promulgate, by rule, methods to establish deadlines for actions that must be taken by a municipality to which subsidy financial assistance has been allocated. The methods may provide for extending deadlines under specified circumstances. If a municipality fails to meet a deadline, including any extension, the department of administration shall release rescind the amount allocation of subsidy allocated to financial assistance for the municipality's project.

55,4130 Section 4130. 281.58 (9m) (g) of the statutes is repealed.