AB133-SSA1,1218,1513 (b) For the period from July 1, 2001, to December 31, 2002, the department
14shall award moneys under this subsection for payment of training or any other initial
15costs of establishing a newborn hearing screening program.
AB133-SSA1, s. 2439s 16Section 2439s. 253.115 (4) of the statutes, as created by 1999 Wisconsin Act
17.... (this act), is repealed.
AB133-SSA1, s. 2441 18Section 2441. 254.31 (1) (b) of the statutes is created to read:
AB133-SSA1,1218,2119 254.31 (1) (b) The tailings or waste produced by the extraction or concentration
20of uranium or thorium from any ore processed primarily for its source material
21content.
AB133-SSA1, s. 2442 22Section 2442. 254.31 (2) of the statutes is created to read:
AB133-SSA1,1219,223 254.31 (2) "Decommissioning" means conducting final operational activities at
24a nuclear facility to dismantle site structures, to decontaminate site surfaces and

1remaining structures, to stabilize and contain residual radioactive material and to
2carry out any other activities necessary to prepare the site for postoperational care.
AB133-SSA1, s. 2443 3Section 2443. 254.31 (2m) of the statutes is created to read:
AB133-SSA1,1219,74 254.31 (2m) "General license" means a license, under requirements prescribed
5by the department by rule, to possess, use, transfer or acquire by-product material
6or devices or equipment utilizing by-product material without the filing of a license
7application by a person or issuance of licensing confirmation by the department.
AB133-SSA1, s. 2444 8Section 2444. 254.31 (3) of the statutes is renumbered 254.31 (1) (intro.) and
9amended to read:
AB133-SSA1,1219,1110 254.31 (1) (intro.) "By-product material" means any radioactive of the
11following:
AB133-SSA1,1219,14 12(a) Radioactive material (,except special nuclear material), yielded in or made
13radioactive by exposure to the radiation incident to the process of producing or
14utilizing special nuclear material.
AB133-SSA1, s. 2445 15Section 2445. 254.31 (3g) of the statutes is repealed and recreated to read:
AB133-SSA1,1219,1716 254.31 (3g) "Ionizing radiation" means all radiations capable of producing ions
17directly or indirectly in their passage through matter, including all of the following:
AB133-SSA1,1219,1818 (a) Electromagnetic radiations, including X-rays and gamma rays.
AB133-SSA1,1219,2019 (b) Particulate radiations, including electrons, beta particles, protons,
20neutrons, alpha particles and other nuclear particles.
AB133-SSA1, s. 2446 21Section 2446. 254.31 (5) of the statutes is created to read:
AB133-SSA1,1220,222 254.31 (5) "Radiation generating equipment" means a system, manufactured
23product or device or component part of such a product or device that, during
24operation, is capable of generating or emitting ionizing radiation without the use of

1radioactive material. "Radiation generating equipment" does not include a device
2that emits nonionizing radiation.
AB133-SSA1, s. 2447 3Section 2447. 254.31 (6) of the statutes is amended to read:
AB133-SSA1,1220,64 254.31 (6) "Radiation installation" is any location or facility where radiation
5machines are generating equipment is used or where radioactive material is
6produced, transported, stored, disposed of or used for any purpose.
AB133-SSA1, s. 2448 7Section 2448. 254.31 (7) of the statutes is repealed.
AB133-SSA1, s. 2449 8Section 2449. 254.31 (8) of the statutes is renumbered 254.31 (9m) and
9amended to read:
AB133-SSA1,1220,1310 254.31 (9m) "Radioactive material" includes any solid, liquid or gaseous
11substance which emits ionizing radiation spontaneously, including
12accelerator-produced material, by-product material, naturally occurring material,
13source material and special nuclear material
.
AB133-SSA1, s. 2450 14Section 2450. 254.31 (9) of the statutes is amended to read:
AB133-SSA1,1220,1615 254.31 (9) "Radiation source" means a radiation machine generating
16equipment
or radioactive material as defined herein.
AB133-SSA1, s. 2451 17Section 2451. 254.31 (11g) of the statutes is created to read:
AB133-SSA1,1220,2018 254.31 (11g) "Specific license" means a license, under requirements prescribed
19by the department by rule, to possess, use, manufacture, produce, transfer or acquire
20radioactive material or devices or equipment utilizing radioactive material.
AB133-SSA1, s. 2452 21Section 2452. 254.31 (11m) of the statutes is created to read:
AB133-SSA1,1220,2322 254.31 (11m) "Transuranic" means a radioactive material having an atomic
23number that is greater than 92.
AB133-SSA1, s. 2453 24Section 2453. 254.31 (12) of the statutes is amended to read:
AB133-SSA1,1221,3
1254.31 (12) "X-ray tube" means any electron tube which that is contained in
2a device and that
is specifically designed for the conversion of electrical energy into
3X-ray energy.
AB133-SSA1, s. 2454 4Section 2454. 254.33 of the statutes is amended to read:
AB133-SSA1,1221,16 5254.33 Public policy. Since radiations and their sources can be instrumental
6in the improvement of the health and welfare of the public if properly utilized, and
7may be destructive or detrimental to life or health if carelessly or excessively
8employed or may detrimentally affect the environment of the state if improperly
9utilized, it is hereby declared to be the public policy of this state to encourage the
10constructive uses of radiation and to prohibit and prevent exposure to radiation in
11amounts which are or may be detrimental to health. It is further the policy for the
12department
to advise, consult and cooperate with the department of commerce and
13other agencies of the state, the federal government, other states and interstate
14agencies and with affected groups, political subdivisions and industries; and, in
15general, to conform as nearly as possible to nationally accepted standards in the
16promulgation and enforcement of rules.
AB133-SSA1, s. 2455 17Section 2455. 254.335 of the statutes is created to read:
AB133-SSA1,1221,23 18254.335 Agreements with the U.S. nuclear regulatory commission
19transition. (1)
The governor may, on behalf of the state, enter into agreements with
20the U.S. nuclear regulatory commission, as provided in 42 USC 2021 (b), to
21discontinue certain federal licensing and related regulatory authority with respect
22to by-product material, source material and special nuclear material and to assume
23state regulatory authority.
AB133-SSA1,1222,6 24(2) Any person who, on the effective date of an agreement specified under sub.
25(1), possesses a license issued by the U.S. nuclear regulatory commission that is

1subject to the agreement is considered to possess a specific license issued under s.
2254.365 (1) (a) or to fulfill requirements specified for a general license under s.
3254.365 (1) (b). The specific license expires 90 days after the date of receipt by the
4person from the department of a notice of expiration of the license or on the date of
5expiration that was specified in the license issued by the U.S. nuclear regulatory
6commission, whichever is earlier.
AB133-SSA1, s. 2456 7Section 2456. 254.34 (1) (intro.) of the statutes is amended to read:
AB133-SSA1,1222,98 254.34 (1) (intro.) The department and the department of commerce is the state
9radiation control agency and
shall do all of the following:
AB133-SSA1, s. 2457 10Section 2457. 254.34 (1) (a) of the statutes is amended to read:
AB133-SSA1,1222,1911 254.34 (1) (a) Formulate, adopt and enforce, amend and repeal Promulgate and
12enforce
rules, including registration and licensing of sources of ionizing radiation, as
13may be necessary to prohibit and prevent unnecessary radiation. Such exposure.
14The
rules may incorporate by reference the recommended standards of nationally
15recognized bodies in the field of radiation protection and other fields of atomic energy,
16under the procedure established by s. 227.21 (2). The rules for by-product material,
17source material and special nuclear material may be no less stringent than the
18requirements under 42 USC 2011 to 2114 and regulations adopted under 42 USC
192011
to 2114.
AB133-SSA1, s. 2458 20Section 2458. 254.34 (1) (c) of the statutes is renumbered 254.34 (1) (c) (intro.)
21and amended to read:
AB133-SSA1,1223,222 254.34 (1) (c) (intro.) Develop comprehensive policies and programs for the
23evaluation and, determination and reduction of hazards associated with the use of
24radiation, and for their amelioration. that are compatible with requirements of the
25U.S. nuclear regulatory commission for the regulation of by-product material,

1source material and special nuclear material. The department shall maintain all of
2the following records:
AB133-SSA1, s. 2459 3Section 2459. 254.34 (1) (c) 1. of the statutes is created to read:
AB133-SSA1,1223,54 254.34 (1) (c) 1. Files of all license applications, issuances, denials, transfers,
5renewals, modifications, suspensions and revocations under s. 254.365.
AB133-SSA1, s. 2460 6Section 2460. 254.34 (1) (c) 2. of the statutes is created to read:
AB133-SSA1,1223,87 254.34 (1) (c) 2. Files of all registrants under s. 254.35 and any related
8administrative or judicial action.
AB133-SSA1, s. 2461 9Section 2461. 254.34 (2) (intro.) of the statutes is amended to read:
AB133-SSA1,1223,1110 254.34 (2) (intro.) The department, serving as the lead agency, and the
11department of commerce
may:
AB133-SSA1, s. 2462 12Section 2462. 254.34 (4) of the statutes is renumbered 254.34 (1) (h) 5. and
13amended to read:
AB133-SSA1,1223,1814 254.34 (1) (h) 5. The department shall develop Develop standards of
15performance for the regional radon centers and, from the appropriation under s.
1620.435 (5) (ed), the department shall allocate funds based on compliance with the
17standards to provide radon protection information dissemination from the regional
18radon centers.
AB133-SSA1, s. 2463 19Section 2463. 254.345 of the statutes is created to read:
AB133-SSA1,1223,25 20254.345 Assessment of Fee. (1) The department may annually assess a fee
21of 36% of the U.S. nuclear regulatory commission license application fee and
22materials license annual fee, for any licensee of the U.S. nuclear regulatory
23commission in this state. The fee amounts shall be used by the department for the
24department's activities under this subchapter. The department may revise the fee
25amounts by rule.
AB133-SSA1,1224,1
1(2) This section does not apply after December 31, 2002.
AB133-SSA1, s. 2464 2Section 2464. 254.35 (1) of the statutes is amended to read:
AB133-SSA1,1224,243 254.35 (1) Application. Every For every site in this state having that has an
4ionizing radiation installation, that is not exempted by this section or the rules of the
5department shall be registered by the department by January 1, 1964, by, the person
6in control of an the installation, including installations in sites that are administered
7by a state agency or in an institution under the jurisdiction of a state agency, and no
8such shall, prior to operation, register the ionizing radiation installation with the
9department. No
ionizing radiation installation may be operated thereafter unless
10the site has been duly registered by January 1 of each year and a notice of the
11registration is possessed by the person in control. Every site having an ionizing
12radiation installation established in this state after July 20, 1985, shall be registered
13prior to its operation.
The application for registration shall be made on forms
14provided by the department which shall be devised to obtain any information that
15is considered necessary for evaluation of hazards. Multiple radiation sources at a
16single radiation installation and under the control of one person shall be listed on a
17single registration form. Registration fees shall be levied in accordance with sub. (3).
18Registration alone shall does not imply approval of manufacture, storage, use,
19handling, operation or disposal of the radiation installation or radioactive materials,
20but shall serve serves merely to inform the department of the location and character
21of radiation sources. The department shall furnish the department of commerce with
22a copy of each amended and new registration.
Persons engaged in manufacturing,
23demonstration, sale, testing or repair of radiation sources shall not be are not
24required to list such sources on the registration form.
AB133-SSA1, s. 2465 25Section 2465. 254.35 (2) of the statutes is amended to read:
AB133-SSA1,1225,12
1254.35 (2) Amended registration. If the person in control increases the
2number of sources, source strength, rated output or energy of radiation produced in
3any installation, he or she shall notify the department of the increase prior to
4operation on the revised basis. The department shall record the change in the
5registration. No registration is transferable from one premises to another or from
6one person to another.
If the person in control transfers intends to transfer control
7of ownership of the radiation installation to another person the registration also
8transfers to the other person, who
, at least 15 days before the final transfer the
9registrant
shall notify the department of the transfer within 15 days. The
10department shall record the change in the
and the intended transferee shall file
11under sub. (1) an application for
registration. If any installation is discontinued, the
12person in control shall notify the department within 30 days of the discontinuance.
AB133-SSA1, s. 2466 13Section 2466. 254.35 (3) (title) of the statutes is amended to read:
AB133-SSA1,1225,1414 254.35 (3) (title) Fees Registration fees.
AB133-SSA1, s. 2467 15Section 2467. 254.35 (3) (a) of the statutes is amended to read:
AB133-SSA1,1225,2116 254.35 (3) (a) An annual registration fee under pars. (b) to (f) (fm) shall be
17levied for each site registration under this section. An additional penalty fee of $10
18$25, regardless of the number of X-ray tubes or generally licensed devices, shall be
19required for each registration whenever the annual fee for renewal is not paid prior
20to expiration of the registration. No additional fee may be required for recording
21changes in the registration information.
AB133-SSA1, s. 2468 22Section 2468. 254.35 (3) (b) of the statutes is amended to read:
AB133-SSA1,1226,223 254.35 (3) (b) For a medical site having an ionizing radiation installation
24serving physicians and clinics, osteopaths and clinics, and chiropractors or hospitals

1that possesses radioactive materials in any quantity, the fee shall be at least $25 $36
2for each site and at least $30 $44 for each X-ray tube.
AB133-SSA1, s. 2469 3Section 2469. 254.35 (3) (c) of the statutes is amended to read:
AB133-SSA1,1226,64 254.35 (3) (c) For a chiropractic, podiatric or veterinary site having an ionizing
5radiation installation, the fee shall be at least $25 $36 for each site and at least $30
6$44 for each X-ray tube.
AB133-SSA1, s. 2470 7Section 2470. 254.35 (3) (d) of the statutes is amended to read:
AB133-SSA1,1226,98 254.35 (3) (d) For a dental site having an ionizing radiation installation, the
9fee shall be at least $25 $36 for each site and at least $20 $30 for each X-ray tube.
AB133-SSA1, s. 2471 10Section 2471. 254.35 (3) (f) of the statutes is amended to read:
AB133-SSA1,1226,1311 254.35 (3) (f) For an industrial, school, research project or other site having an
12ionizing radiation installation and radioactive materials in any quantity, the fee
13shall be at least $25 $36 for each site and at least $30 $44 for each X-ray tube.
AB133-SSA1, s. 2472 14Section 2472. 254.35 (3) (fm) of the statutes is created to read:
AB133-SSA1,1226,1915 254.35 (3) (fm) For any site that has generally licensed devices that are not
16exempted by the department, the fee shall be at least $100 for each site and at least
17$50 for each device that contains at least 370 MBq or 10 mCi of cesium-137; 37 MBq
18or 1.0 mCi of cobalt-60; 3.7 MBq or 0.1 mCi of strontium-90; or 37 MBq or 1.0 mCi
19of a transuranic.
AB133-SSA1, s. 2473 20Section 2473. 254.35 (3) (g) of the statutes is amended to read:
AB133-SSA1,1226,2421 254.35 (3) (g) The fees under this subsection shall be as stated unless the
22department promulgates rules to increase the annual registration fee after January
231, 1986,
for a site having an ionizing radiation installation or, for an X-ray tube or
24for generally licensed devices that are not exempted by the department
.
AB133-SSA1, s. 2474 25Section 2474. 254.35 (4) of the statutes is amended to read:
AB133-SSA1,1227,10
1254.35 (4) Exemptions. The department shall After initial registration under
2sub. (1), the department may
exempt from annual registration any source licensed
3by the nuclear regulatory commission and may exempt from registration any source
4of radiation installation which
of radiation that the department finds to be without
5undue radiation hazard as determined by standards established by the national
6committee on radiation protection and measurements or any comparable nationally
7recognized agency established for the purpose of recommending standards for
8radiation protection, and after the initial registration may exempt from subsequent
9annual radiation requirements any source of radiation devoted primarily to
10industrial purposes
.
AB133-SSA1, s. 2475 11Section 2475. 254.36 of the statutes is renumbered 254.34 (1) (am) and
12amended to read:
AB133-SSA1,1227,2113 254.34 (1) (am) Radiation protection. The department shall promulgate a
14radiation protection code. Other departments and agencies of state government and

15A rule identical to a rule specified under par. (a) may be promulgated by a state
16agency other than the department and an ordinance identical to a rule specified
17under par. (a) may be enacted by a
local governmental units may adopt the identical
18code
unit, but no other rule , code or ordinance relating to this subject may be
19promulgated or enacted
may be promulgated or ordinance may be enacted that
20differs from a rule under par. (a) and relates to the same subject area
except as
21provided under ss. 166.03 (2) (b) 6., 293.15 (8) and 293.25.
AB133-SSA1, s. 2476 22Section 2476. 254.365 of the statutes is created to read:
AB133-SSA1,1228,2 23254.365 Licensing of radioactive material. (1) License required. No
24person may possess, use, manufacture, transport, store, transfer or dispose of
25radioactive material or a device or item of equipment that uses radioactive material

1or may operate a site that uses radioactive material that is not under the authority
2of the U.S. nuclear regulatory commission unless one of the following applies:
AB133-SSA1,1228,33 (a) The person has a specific license issued by the department.
AB133-SSA1,1228,44 (b) The person meets general license requirements.
AB133-SSA1,1228,65 (c) The person possesses a license issued by another state or by the U.S. nuclear
6regulatory commission that is reciprocally recognized by the department.
AB133-SSA1,1228,77 (d) The person is exempted from licensure under sub. (7).
AB133-SSA1,1228,9 8(2) Application. Application for a license under sub. (1) (a) or for reciprocal
9recognition under sub. (1) (c) shall be made on forms provided by the department.
AB133-SSA1,1228,16 10(3) Modification or termination of license. Within 30 days after any change
11to the information on a license issued under this section, the licensee shall inform the
12department of the change and the department shall record the changed information.
13Within 30 days after termination of an activity licensed under this section, the person
14in control of the activity shall notify the department. The department may require
15that the person in control submit to the department for approval a plan for
16decommissioning the activity.
AB133-SSA1,1228,17 17(4) Rules. The department shall promulgate rules for all of the following:
AB133-SSA1,1228,1918 (a) The issuance, modification, suspension, termination and revocation of
19specific licenses under sub. (1) (a) under the standards specified in s. 254.34 (1) (a).
AB133-SSA1,1228,2020 (b) The requirements for a general license under sub. (1) (b).
AB133-SSA1,1228,22 21(5) Fees and charges. (a) The department may assess fees, the amounts of
22which are prescribed by the department by rule, for any of the following:
AB133-SSA1,1228,2323 1. Issuance of an initial or renewal specific license under sub. (1) (a).
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