Amendment SSA1-SB21

SB21-SSA1,4033 Section 4033. 250.041 (1) (e) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is repealed.

SB21-SSA1,4034 Section 4034. 250.041 (1) (f) of the statutes is repealed.

SB21-SSA1,4036 Section 4036. 252.02 (4) of the statutes is amended to read:

SB21-SSA1,1237,14 252.02 (4) The Except as provided in ss. 93.07 (24) (e) and 97.59, the department may promulgate and enforce rules or issue orders for guarding against the introduction of any communicable disease into the state, for the control and suppression of communicable diseases, for the quarantine and disinfection of persons, localities and things infected or suspected of being infected by a communicable disease and for the sanitary care of jails, state prisons, mental health institutions, schools, hotels and public buildings and connected premises. Any rule or order may be made applicable to the whole or any specified part of the state, or to any vessel or other conveyance. The department may issue orders for any city, village or county by service upon the local health officer. Rules that are promulgated and orders that are issued under this subsection supersede conflicting or less stringent local regulations, orders or ordinances.

SB21-SSA1,4037 Section 4037. 252.04 (9m) of the statutes is created to read:

SB21-SSA1,1237,18 252.04 (9m) A pharmacist or pharmacy that administers a vaccine under this section to a person 6 to 18 years of age shall update the Wisconsin Immunization Registry established by the department within 7 days of administering the vaccine.

SB21-SSA1,4037r Section 4037r. 252.12 (2) (a) 8. (intro.) of the statutes is amended to read:

SB21-SSA1,1238,6 252.12 (2) (a) 8. `Mike Johnson life care and early intervention services grants.' (intro.) The department shall award not more than $3,569,900 $3,677,000 in each fiscal year in grants to applying organizations for the provision of needs assessments; assistance in procuring financial, medical, legal, social and pastoral services; counseling and therapy; homecare services and supplies; advocacy; and case management services. These services shall include early intervention services. The department shall also award not more than $74,000 in each year from the appropriation account under s. 20.435 (5) (md) for the services under this subdivision. The state share of payment for case management services that are provided under s. 49.45 (25) (be) to recipients of medical assistance shall be paid from the appropriation account under s. 20.435 (1) (am). All of the following apply to grants awarded under this subdivision:

SB21-SSA1,4040 Section 4040. 252.18 of the statutes is renumbered 97.59 and amended to read:

SB21-SSA1,1238,21 97.59 Handling foods. No person in charge of any public eating place or other establishment where food products to be consumed by others are handled may knowingly employ any person handling food products who has a disease in a form that is communicable by food handling. If required by the local health officer or any officer of the department for the purposes of an investigation, any person who is employed in the handling of foods or is suspected of having a disease in a form that is communicable by food handling shall submit to an examination by the officer or by a physician, physician assistant, or advanced practice nurse prescriber designated by the officer. The expense of the examination, if any, shall be paid by the person examined. Any person knowingly infected with a disease in a form that is communicable by food handling who handles food products to be consumed by others and any persons knowingly employing or permitting such a person to handle food products to be consumed by others shall be punished as provided by s. 252.25 97.72.

SB21-SSA1,4041 Section 4041. 252.23 of the statutes is renumbered 463.10, and 463.10 (title), (2), (3) and (4) (a), as renumbered, are amended to read:

SB21-SSA1,1238,24 463.10 (title) Regulation of tattooists and tattooing establishments.

SB21-SSA1,1239,6 (2) Department; duty. Except as provided in ss. 250.041 and 252.241 463.14, 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.

SB21-SSA1,1239,13 (3) License required. Except as provided in sub. (5), no person may tattoo or attempt to tattoo another, designate or represent himself or herself as a tattooist or use or assume the title "tattooist" and no tattoo establishment may be operated unless the person and the establishment are licensed by the department under this section or by a local health department that is designated as the department's agent under s. 252.245 463.16. Except as provided in s. 463.16, fees for licenses issued under this section shall be as determined under s. 440.03 (9).

SB21-SSA1,1239,19 (4) (a) Except as provided in ss. 250.041 and 252.241 s. 463.14 and subject to sub. (4m), 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. The department may not promulgate a rule that imposes a fee for a license under sub. (3) on an individual who is eligible for the veterans fee waiver program under s. 45.44.

SB21-SSA1,4042 Section 4042. 252.24 of the statutes is renumbered 463.12, and 463.12 (2), (3) and (4) (a), as renumbered, are amended to read:

SB21-SSA1,1240,3 463.12 (2) Department; duty. Except as provided in ss. 250.041 and 252.241 s. 463.14, 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.

SB21-SSA1,1240,10 (3) License required. Except as provided in sub. (5), no person may pierce the body of or attempt to pierce the body of another, designate or represent himself or herself as a body piercer or use or assume the title "body piercer" unless the person is licensed by the department under this section or by a local health department that is designated as the department's agent under s. 463.16. Except as provided in s. 463.16, fees for licenses issued under this section shall be as determined under s. 440.03 (9).

SB21-SSA1,1240,17 (4) (a) Except as provided in ss. 250.041 and 252.241 s. 463.14 and subject to sub. (4m), 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. The department may not promulgate a rule under which the department may charge an individual who is eligible for the veterans fee waiver program under s. 45.44 a fee to obtain a license under sub. (3).

SB21-SSA1,4043 Section 4043. 252.241 of the statutes is renumbered 463.14, and 463.14 (title), (1), (1m), (3), (4) and (5), as renumbered, are amended to read:

SB21-SSA1,1241,2 463.14 (title) Denial, nonrenewal and revocation of license or permit based on delinquent taxes or unemployment insurance contributions. (1) Except as provided in sub. (1m), 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) 463.10 or 463.12, or a permit under s. 463.25.

SB21-SSA1,1241,9 (1m) If an individual who applies for or to renew a license or permit under sub. (1) does not have a social security number, the individual, as a condition of obtaining the license or permit, shall submit a statement made or subscribed under oath or affirmation to the department 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. A license or permit issued or renewed in reliance upon a false statement submitted under this subsection is invalid.

SB21-SSA1,1241,12 (3) Except as provided in sub. (1m), the department shall deny an application for the issuance or renewal of a license or permit specified in sub. (1) if the applicant does not provide the information specified in sub. (1).

SB21-SSA1,1241,16 (4) The department shall deny an application for the issuance or renewal of a license or permit specified in sub. (1), or shall revoke the license or permit specified in sub. (1), if the department of revenue certifies under s. 73.0301 that the applicant for or holder of the license or permit is liable for delinquent taxes.

SB21-SSA1,1241,21 (5) The department shall deny an application for the issuance or renewal of a license or permit specified in sub. (1), or shall revoke the license or permit specified in sub. (1), if the department of workforce development certifies under s. 108.227 that the applicant for or holder of the license or permit is liable for delinquent unemployment insurance contributions.

SB21-SSA1,4044 Section 4044. 252.245 of the statutes is renumbered 463.16, and 463.16 (1), (2), (3), (4m), (5), (6), (8) and (9), as renumbered, are amended to read:

SB21-SSA1,1242,16 463.16 (1) In the administration and enforcement of ss. 252.23 and 252.24 463.10 and 463.12, the department may enter into a written agreement with a local health department with a jurisdictional area that has a population greater than 5,000, which designates the local health department as the department's agent in issuing licenses to and making investigations or inspections of tattooists and tattoo establishments and body piercers and body-piercing establishments. In a jurisdictional area of a local health department without agent status, the department of health services safety and professional services may issue licenses, collect license fees established by rule under ss. 252.23 (4) (a) and 252.24 (4) (a) s. 440.03 (9) and make investigations or inspections of tattooists and tattoo establishments and body piercers and body-piercing establishments. If the department of safety and professional services designates a local health department as its agent, the department of safety and professional services or local health department may require no license for the same operations other than the license issued by the local health department under this subsection. If the designation is made and the services are furnished, the department of safety and professional services shall reimburse the local health department furnishing the service at the rate of 80% of the net license fee per license per year issued in the jurisdictional area.

SB21-SSA1,1242,23 (2) A local health department designated as the department's agent under this section shall meet standards promulgated under ss. 252.23 463.10 (4) (a) and 252.24 463.12 (4) (a). The department shall annually evaluate the licensing, investigation and inspection program of each local health department granted agent status. If, at any time, a local health department designated as the department's agent fails to meet the standards, the department of health services safety and professional services may revoke its agent status.

SB21-SSA1,1243,3 (3) The department shall provide education and training to agents designated under this section to ensure uniformity in the enforcement of s. 252.23 463.10 or 252.24 463.12 and rules promulgated under s. 252.23 463.10 or 252.24 463.12.

SB21-SSA1,1243,9 (4m) A local health department designated as the department's agent under this section may contract with the department of health services safety and professional services for the department of health services safety and professional services to collect fees and issue licenses under s. 252.23 463.10 or 252.24 463.12. The department of safety and professional services shall collect from the local health department the actual and reasonable cost of providing the services.

SB21-SSA1,1243,16 (5) If, under this section, a local health department becomes an agent or its agent status is discontinued during a licensee's license year, the department of health services safety and professional services and the local health department shall divide any license fee paid by the licensee for that license year according to the proportions of the license year occurring before and after the local health department is designated as an agent or the agent status is discontinued. No additional fee may be required during the license year due to the change in agent status.

SB21-SSA1,1243,22 (6) A village, city or county may enact ordinances and a local board of health may adopt regulations regarding the licensees and premises for which the local health department is the designated agent under this section, which are stricter than s. 252.23 463.10 or 252.24 463.12 or rules promulgated by the department of health services under s. 252.23 463.10 or 252.24 463.12. No such provision may conflict with s. 252.23 463.10 or 252.24 463.12 or with department rules.

SB21-SSA1,1244,6 (8) The department shall 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 that is designated as the department's agent under this section appeals to the department of health services safety and professional services alleging that a license fee for a tattooist or tattooist establishment or for a body piercer or body-piercing establishment exceeds the license issuer's reasonable costs of issuing licenses to, making investigations and inspections of, and providing education, training and technical assistance to the tattooist or tattooist establishment or to the body piercer or body-piercing establishment.

SB21-SSA1,1244,18 (9) The department shall promulgate rules establishing state fees for its costs related to setting standards under ss. 252.23 463.10 and 252.24 463.12 and monitoring and evaluating the activities of, and providing education and training to, agent local health departments. The department may not promulgate a rule under which a local health department may charge an individual who is eligible for the veterans fee waiver program under s. 45.44 a state fee to obtain a license under s. 252.23 463.10 (3) or 252.24 463.12 (3). Agent local health departments shall include the state fees in the license fees established under sub. (4), collect the state fees and reimburse the department for the state fees collected. For tattooists or tattoo establishments and for body piercers or body-piercing establishments, the state fee may not exceed 20% of the license fees established under s. 252.23 (4) (a) or 252.24 (4) (a) 440.03 (9).

SB21-SSA1,4045 Section 4045. 254.02 (3) (a) of the statutes is amended to read:

SB21-SSA1,1245,2 254.02 (3) (a) The department of agriculture, trade and consumer protection, the department of corrections, the department of safety and professional services, and the department of natural resources shall enter into memoranda of understanding with the department to establish protocols for the department to review proposed rules of those state agencies relating to air and water quality, occupational health and safety, institutional sanitation, toxic substances, indoor air quality, food protection or waste handling and disposal.

SB21-SSA1,4045p Section 4045p. 254.11 (8) of the statutes is amended to read:

SB21-SSA1,1245,8 254.11 (8) "Lead-bearing paint" means any paint or other surface coating material containing more than 0.06% lead by weight, calculated as lead metal, in the total nonvolatile content of liquid paint, more than 0.5 percent lead by weight in the dried film of applied paint, or more than 0.7 1 milligram of lead per square centimeter in the dried film of applied paint.

SB21-SSA1,4046 Section 4046. 254.11 (13) of the statutes is amended to read:

SB21-SSA1,1245,18 254.11 (13) "Third-party payer" means a disability insurance policy that is required to provide coverage for a blood lead test under s. 632.895 (10) (a); a health maintenance organization or preferred provider plan under ch. 609; a health care coverage plan offered by the state under s. 40.51 (6); a self-insured health plan offered by a city or village under s. 66.0137 (4), a political subdivision local governmental unit or technical college district under s. 66.0137 (4m), a town under s. 60.23 (25), a county under s. 59.52 (11) (c), or a school district under s. 120.13 (2) (b); or a health care plan operated by a cooperative association organized under s. 185.981.

SB21-SSA1,4047 Section 4047. 254.115 (1) (c) of the statutes is repealed.

SB21-SSA1,4048 Section 4048. 254.115 (1) (d) of the statutes is repealed.

SB21-SSA1,4048d Section 4048d. 254.156 of the statutes is amended to read:

SB21-SSA1,1246,5 254.156 Definition of lead-bearing paint and lead poisoning or lead exposure. Notwithstanding s. 254.11 (intro.), (8) and (9), whenever the centers for disease control and prevention of the federal department of health and human services specifies a standard for the determination of lead-bearing paint or lead poisoning or lead exposure that differs from that specified in s. 254.11 (8) or (9), the department shall promulgate a rule defining "lead-bearing paint" or "lead poisoning or lead exposure" to correspond to the specification of the centers for disease control and prevention. Rules promulgated under this section supersede s. 254.11 (8) and (9) with respect to the requirements of this subchapter.

SB21-SSA1,4049d Section 4049d. 254.30 (2) (a) of the statutes is amended to read:

SB21-SSA1,1246,10 254.30 (2) (a) Civil penalty. Any person who violates ss. 254.11 to 254.178 or rules promulgated, or orders issued, under those sections may be required to forfeit not less than $100 nor more than $1,000 $5,000 per violation. Each day of continued violation constitutes a separate offense.

SB21-SSA1,4049e Section 4049e. 254.30 (2) (b) of the statutes is amended to read:

SB21-SSA1,1246,16 254.30 (2) (b) Criminal penalty. Any person who knowingly violates any provision of ss. 254.11 to 254.178 or any rule promulgated, or order issued, under those sections shall be fined not less than $100 nor more than $5,000 per violation. The court may place the person on probation under s. 973.09 for a period not to exceed 2 years.

SB21-SSA1,4050 Section 4050. 254.47 (title) of the statutes is renumbered 97.67 (title) and amended to read:

SB21-SSA1,1246,19 97.67 (title) Recreational permits licenses and fees.

SB21-SSA1,4051 Section 4051. 254.47 (1) of the statutes is renumbered 97.67 (1) and amended to read:

SB21-SSA1,1247,4 97.67 (1) Except as provided in sub. (1g) and ss. 250.041 and 254.115 s. 93.135, the department or a local health department granted agent status under s. 254.69 (2) 97.615 (2) shall issue permits licenses 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 license 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.

SB21-SSA1,4052 Section 4052. 254.47 (1g) of the statutes is renumbered 97.67 (1g).

SB21-SSA1,4053 Section 4053. 254.47 (1m) of the statutes is renumbered 97.67 (1m) and amended to read:

SB21-SSA1,1247,13 97.67 (1m) The department or a local health department granted agent status under s. 254.69 97.615 (2) may not, without a preinspection pre-licensing inspection, grant a permit license to a person intending to operate a new public swimming pool, campground, or recreational or educational camp or to a person intending to be the new operator of an existing public swimming pool, campground, or recreational or educational camp.

SB21-SSA1,4054 Section 4054. 254.47 (2) of the statutes is renumbered 97.67 (2) and amended to read:

SB21-SSA1,1247,20 97.67 (2) (a) A separate permit license is required for each campground, camping resort, recreational or educational camp, and public swimming pool. Except as provided in par. (b) or (c), no permit license issued under this section is transferable from one premises to another or from one person, state or local government to another.

SB21-SSA1,1247,25 (b) A permit license issued under this section may be transferred from an individual to an immediate family member, as defined in s. 254.64 97.605 (4) (a) 2., if the individual is transferring operation of the campground, camping resort, recreational or educational camp, or public swimming pool to the immediate family member.

SB21-SSA1,1248,6 (c) A sole proprietorship that reorganizes as a business entity, as defined in s. 179.70 (1), or a business entity that reorganizes as a sole proprietorship or a different type of business entity may transfer a permit license issued under this section for a campground, camping resort, recreational or educational camp, or public swimming pool to the newly formed business entity or sole proprietorship if all of the following conditions are satisfied:

SB21-SSA1,1248,9 1. The campground, camping resort, recreational or educational camp, or public swimming pool remains at the location for which the permit license was issued.

SB21-SSA1,1248,12 2. At least one individual who had an ownership interest in the sole proprietorship or business entity to which the permit license was issued has an ownership interest in the newly formed sole proprietorship or business entity.

SB21-SSA1,4055 Section 4055. 254.47 (2m) of the statutes is renumbered 97.67 (2m) and amended to read:

SB21-SSA1,1248,21 97.67 (2m) Except as provided in ss. 250.041 and 254.115 s. 93.135, the initial issuance, renewal or continued validity of a permit license issued under this section may be conditioned upon the requirement that the permittee licensee correct a violation of this section, rules promulgated by the department under this section or ordinances adopted under s. 254.69 97.615 (2) (g), within a period of time that is specified. If the condition is not met within the specified period of time, the permit license is void.

SB21-SSA1,4056 Section 4056. 254.47 (3) of the statutes is repealed.

SB21-SSA1,4057 Section 4057. 254.47 (4) of the statutes is renumbered 97.67 (4) and amended to read:

SB21-SSA1,1249,7 97.67 (4) Permits Licenses issued under this section expire on June 30, except that permits licenses initially issued during the period beginning on April 1 and ending on June 30 expire on June 30 of the following year. Except as provided in s. 254.69 97.615 (2) (d) and (e), the department shall promulgate rules that establish, for permits licenses issued under this section, amounts of permit license fees, preinspection pre-licensing inspection fees, reinspection fees, fees for operating without a license, and late fees for untimely permit license renewal.

SB21-SSA1,4058 Section 4058. 254.47 (5) of the statutes is renumbered 97.67 (5) and amended to read:

SB21-SSA1,1249,22 97.67 (5) No permit license may be issued under this section until all applicable fees have been paid. If the payment is by check or other draft drawn upon an account containing insufficient funds, the permit license applicant shall, within 15 days after receipt of notice from the department of the insufficiency, pay by cashier's check or other certified draft, money order or cash the fees from the department, late fees and processing charges that are specified by rules promulgated by the department. If the permit license applicant fails to pay all applicable fees, late fees and the processing charges within 15 days after the applicant receives notice of the insufficiency, the permit license is void. In an appeal concerning voiding of a permit license under this subsection, the burden is on the permit license applicant to show that the entire applicable fees, late fees and processing charges have been paid. During any appeal process concerning payment dispute, operation of the establishment in question is deemed considered to be operation without a permit license.

SB21-SSA1,4059 Section 4059. 254.47 (5m) of the statutes is renumbered 97.67 (5m).

SB21-SSA1,4060 Section 4060. 254.47 (6) of the statutes is renumbered 97.67 (6).

SB21-SSA1,4061 Section 4061. 254.47 (7) of the statutes is renumbered 97.67 (7) and amended to read:

SB21-SSA1,1250,7 97.67 (7) The department may not require that a swimming pool be staffed by a lifeguard as a condition of receiving a permit license under this section if the swimming pool is less than 2,500 square feet, the swimming pool is located in a private club in the city of Milwaukee, and the club has a policy that prohibits a minor from using the swimming pool when not accompanied by an adult.

SB21-SSA1,4062 Section 4062. Subchapter VII (title) of chapter 254 [precedes 254.61] of the statutes is repealed.

SB21-SSA1,4063 Section 4063. 254.61 (title) of the statutes is repealed.

SB21-SSA1,4064 Section 4064. 254.61 (intro.) of the statutes is repealed.

SB21-SSA1,4065 Section 4065. 254.61 (1) of the statutes is renumbered 97.01 (1g).

SB21-SSA1,4066 Section 4066. 254.61 (2) of the statutes is repealed.

SB21-SSA1,4067 Section 4067. 254.61 (3) of the statutes is renumbered 97.01 (7).

SB21-SSA1,4068 Section 4068. 254.61 (3m) of the statutes is renumbered 97.01 (13g).

SB21-SSA1,4069 Section 4069. 254.61 (4) of the statutes is renumbered 97.01 (13r) and amended to read:

SB21-SSA1,1250,22 97.01 (13r) "Public health and safety" means the highest degree of protection against infection, contagion or disease and freedom from the danger of fire or accident that can be reasonably maintained in the operation of a hotel, restaurant, tourist rooming house, bed and breakfast establishment, vending machine or vending machine commissary.

SB21-SSA1,4070 Section 4070. 254.61 (5) of the statutes is renumbered 97.01 (14g), and 97.01 (14g) (intro.), as renumbered, is amended to read:

SB21-SSA1,1251,7 97.01 (14g) (intro.) "Restaurant" means any building, room or place where meals are prepared or served or sold at which the predominant activity is the preparation, service, or sale of meals to transients or the general public, and including all places used in connection with it and includes including any public or private school lunchroom for which food service is provided by contract. " Meals" does not include soft drinks, ice cream, milk, milk drinks, ices and confections. "Restaurant" does not include:

SB21-SSA1,4071 Section 4071. 254.61 (5m) of the statutes is renumbered 97.01 (15b).

SB21-SSA1,4072 Section 4072. 254.61 (5r) of the statutes is renumbered 97.01 (15f).

SB21-SSA1,4073 Section 4073. 254.61 (6) of the statutes is renumbered 97.01 (15k).

SB21-SSA1,4074 Section 4074. 254.61 (7) of the statutes is renumbered 97.01 (15p).

SB21-SSA1,4075 Section 4075. 254.61 (8) of the statutes is renumbered 97.01 (15s) and amended to read:

SB21-SSA1,1251,19 97.01 (15s) "Vending machine commissary" means any building, room or place where the food, beverage, ingredients, containers, transport equipment or supplies for vending machines are kept, handled, prepared or stored by a vending machine operator. "Vending machine commissary" does not mean any place at which the operator is licensed to manufacture, distribute or sell food products under ch. 97 this chapter.