SB21-SSA1,1258,196 (d) Except as provided in par. (dm), a local health department granted agent
7status under this subsection shall establish and collect the permit license fee for each
8type of establishment specified in par. (am). The local health department may
9establish separate fees for preinspections pre-licensing inspections of new
10establishments, for preinspections pre-licensing inspections of existing
11establishments for which a person intends to be the new operator or for the issuance
12of duplicate permits licenses. No fee may exceed the local health department's
13reasonable costs of issuing permits licenses to, making investigations and
14inspections of, and providing education, training and technical assistance to the
15establishments, plus the state fee established under par. (e). A local health
16department granted agent status under this subsection or under s. 97.41 may issue
17a single permit license and establish and collect a single fee which authorizes the
18operation on the same premises of more than one type of establishment for which it
19is granted agent status under this subsection or under s. 97.41.
SB21-SSA1,1258,2320 (dm) A local health department granted agent status under this subsection
21may contract with the department of health services for the department of health
22services
to collect fees and issue permits licenses. The department shall collect from
23the local health department the actual and reasonable cost of providing the services.
SB21-SSA1,1259,624 (e) The department shall establish state fees for its costs related to setting
25standards under this subchapter and s. 254.47 97.67 and monitoring and evaluating

1the activities of, and providing education and training to, agent local health
2departments. Agent local health departments shall include the state fees in the
3permit license fees established under par. (d), collect the state fees and reimburse the
4department for the state fees collected. For each type of establishment specified in
5par. (am)
, the state fee may not exceed 20% of the permit license fees charged under
6ss. 254.47 97.67 and 254.68 97.613.
SB21-SSA1,1259,137 (f) If, under this subsection, a local health department becomes an agent or its
8agent status is discontinued during a permittee's permit licensee's license year, the
9department of health services and the local health department shall divide any
10permit license fee paid by the permittee licensee for that permit license year
11according to the proportions of the permit license year occurring before and after the
12local health department's agent status is granted or discontinued. No additional fee
13may be required during the permit license year due to the change in agent status.
SB21-SSA1,1259,1914 (g) A village, city or county may adopt ordinances and a local board of health
15may adopt regulations regarding the permittees licensees and premises for which
16the local health department is the designated agent under this subsection, which are
17stricter than this subchapter, s. 254.47 97.67, or rules promulgated by the
18department of health services under this subchapter or s. 254.47 97.67. No such
19provision may conflict with this subchapter or with department rules.
SB21-SSA1,1259,2520 (h) This subsection does not limit the authority of the department to inspect
21hotels, tourist rooming houses, bed and breakfast establishments, or vending
22machine commissaries
in jurisdictional areas of local health departments where
23agent status is granted if it inspects in response to an emergency, for the purpose of
24monitoring and evaluating the local health department's licensing, inspection and
25enforcement program or at the request of the local health department.
SB21-SSA1,1260,2
1(j) 1. A permit license fee established by a local health department granted
2agent status exceeds the reasonable costs described under par. (d).
SB21-SSA1,1260,63 2. The person issuing, refusing to issue, suspending or revoking a permit
4license or making an investigation or inspection of the appellant has a financial
5interest in a regulated establishment specified in par. (am) which may interfere with
6his or her ability to properly take that action.
SB21-SSA1,4086 7Section 4086. 254.70 of the statutes is renumbered 97.617 and amended to
8read:
SB21-SSA1,1260,14 997.617 Application; lodging and vending. (1) An applicant for a permit
10license under this subchapter shall complete the application prepared by the
11department or the local health department granted agent status under s. 254.69
1297.615 (2) and provide, in writing, any additional information the department of
13health services agriculture, trade and consumer protection or local health
14department issuing the permit license requires.
SB21-SSA1,1260,24 15(2) Upon receipt of an application for a vending machine operator permit
16license, the department may cause an investigation to be made of the applicant's
17commissary, servicing and transport facilities, if any, and representative machines
18and machine locations. The operator shall maintain at his or her place of business
19within this state a list of all vending machines operated by him or her and their
20location. This information shall be kept current and shall be made available to the
21department upon request. The operator shall notify the department of any change
22in operations involving new types of vending machines or conversion of existing
23machines to dispense products other than those for which such machine was
24originally designed and constructed.
SB21-SSA1,4087
1Section 4087. 254.71 of the statutes is renumbered 97.33, and 97.33 (2), (3),
2(5) and (6) (c), as renumbered, are amended to read:
SB21-SSA1,1261,53 97.33 (2) Except as provided in s. 250.041 93.135, the department may issue
4a certificate of food protection practices to an individual who satisfactorily completes
5an approved examination or who has achieved comparable compliance.
SB21-SSA1,1261,8 6(3) Each certificate is valid for 5 years from the date of issuance and, except as
7provided in s. 250.041 93.135, may be renewed by the certificate holder if he or she
8satisfactorily completes an approved examination.
SB21-SSA1,1261,11 9(5) The department shall conduct evaluations of the effect that the food
10protection practices certification program has on compliance by restaurants with
11requirements established under s. 254.74 (1) 97.30 (5).
SB21-SSA1,1261,14 12(6) (c) Establishing procedures for issuance, except as provided in s. 250.041
1393.135, of certificates of food protection practices, including application submittal
14and review.
SB21-SSA1,4088 15Section 4088. 254.715 of the statutes is renumbered 97.305.
SB21-SSA1,4089 16Section 4089. 254.72 of the statutes is renumbered 97.62 and amended to
17read:
SB21-SSA1,1261,22 1897.62 Health and safety; standard. Every hotel, tourist rooming house, bed
19and breakfast establishment, restaurant, temporary restaurant, vending machine
20commissary and vending machine shall be operated and maintained with a strict
21regard to the public health and safety and in conformity with this subchapter and
22the rules and orders of the department.
SB21-SSA1,4090 23Section 4090. 254.73 of the statutes is renumbered 97.623.
SB21-SSA1,4091
1Section 4091. 254.74 of the statutes is renumbered 97.625, and 97.625 (1) (a),
2(am), (b), (d) and (e), (1p) (a) (intro.) and 2. and (b) and (2), as renumbered, are
3amended to read:
SB21-SSA1,1262,84 97.625 (1) (a) Administer and enforce this subchapter, the rules promulgated
5under this subchapter and any other rules or laws relating to the public health and
6safety in hotels, tourist rooming houses, bed and breakfast establishments,
7restaurants, vending machine commissaries, vending machines and vending
8machine locations.
SB21-SSA1,1262,179 (am) Promulgate rules, in consultation with the department of safety and
10professional services, under which the department of health services shall conduct
11regular inspections of sealed combustion units, as required under s. 101.149 (5) (c),
12for carbon monoxide emissions in hotels, tourist rooming houses, and bed and
13breakfast establishments. The rules shall specify conditions under which it may
14issue orders as specified under s. 101.149 (8) (a). The rules may not require the
15department of health services to inspect sealed combustion units during the period
16in which the sealed combustion units are covered by a manufacturer's warranty
17against defects.
SB21-SSA1,1262,2018 (b) Require hotels, tourist rooming houses, restaurants, vending machine
19operators and vending machine commissaries to file reports and information the
20department deems necessary.
SB21-SSA1,1263,521 (d) Prescribe rules and fix standards, including rules covering the general
22sanitation and cleanliness of premises regulated under this subchapter, the proper
23handling and storing of food on such premises, the construction and sanitary
24condition of the premises and equipment to be used and the location and servicing
25of equipment. The rules relating to the public health and safety in bed and breakfast

1establishments may not be stricter than is reasonable for the operation of a bed and
2breakfast establishment, shall be less stringent than rules relating to other
3establishments hotels, tourist rooming houses, and vending machine commissaries
4regulated by this subchapter and may not require 2nd exits for a bed and breakfast
5establishment on a floor above the first level.
SB21-SSA1,1263,136 (e) Hold a hearing under ch. 227 if, in lieu of proceeding under ch. 68, any
7interested person in the jurisdictional area of a local health department not granted
8agent status under s. 254.69 97.615 appeals to the department of health services
9alleging that a permit license fee for a hotel, restaurant, temporary restaurant,
10tourist rooming house, campground, camping resort, recreational or educational
11camp or public swimming pool exceeds the permit license issuer's reasonable costs
12of issuing permits licenses to, making investigations and inspections of, and
13providing education, training and technical assistance to the establishment.
SB21-SSA1,1263,18 14(1p) (a) The department may grant the holder of a permit license for a bed and
15breakfast establishment a waiver from the requirement specified under s. 254.61 (1)
16(b)
97.01 (1g) (b) to allow the holder of a permit license for a bed and breakfast
17establishment to serve breakfast to other tourists or transients if all of the following
18conditions are met:
SB21-SSA1,1263,2119 2. The other tourists or transients are provided sleeping accommodations in a
20tourist rooming house for which the permit license holder for the bed and breakfast
21establishment is the permit license holder.
SB21-SSA1,1263,2422 (b) A waiver granted under par. (a) is valid for the period of validity of a permit
23license that is issued for the bed and breakfast establishment under s. 254.64 97.605
24(1) (b).
SB21-SSA1,1264,3
1(2) A local health department designated as an agent under s. 254.69 (2) 97.615
2(2)
may exercise the powers specified in sub. (1) (a) to (d), consistent with s. 254.69
397.615 (2) (g).
SB21-SSA1,4092 4Section 4092. 254.76 of the statutes is renumbered 97.627.
SB21-SSA1,4093 5Section 4093. 254.78 of the statutes is renumbered 254.04 and amended to
6read:
SB21-SSA1,1264,10 7254.04 Authority of department of safety and professional services.
8Nothing in this chapter shall affect affects the authority of the department of safety
9and professional services relative to places of employment, elevators, boilers, fire
10escapes, fire protection, or the construction of public buildings.
SB21-SSA1,4094 11Section 4094. 254.79 of the statutes is renumbered 254.05.
SB21-SSA1,4095 12Section 4095. 254.80 of the statutes is renumbered 97.633.
SB21-SSA1,4096 13Section 4096. 254.81 of the statutes is renumbered 97.634.
SB21-SSA1,4097 14Section 4097. 254.82 of the statutes is renumbered 97.635.
SB21-SSA1,4098 15Section 4098. 254.83 of the statutes is renumbered 97.638.
SB21-SSA1,4099 16Section 4099. 254.84 (title), (1), (2), (3) and (4) of the statutes are renumbered
1797.639 (title), (1), (2), (3) and (4).
SB21-SSA1,4100 18Section 4100. 254.84 (5) of the statutes is renumbered 97.639 (5) and amended
19to read:
SB21-SSA1,1264,2420 97.639 (5) Construction. Nothing in this section may be construed to require
21establishments motels, motor courts, tourist cabins, or like accommodations to have
22outdoor or outside signs. This section shall be liberally construed so as to prevent
23untrue, misleading, false, or fraudulent representations relating to rates placed on
24outdoor or outside signs of the establishments.
SB21-SSA1,4101 25Section 4101. 254.84 (6) of the statutes is repealed.
SB21-SSA1,4102
1Section 4102. 254.85 of the statutes is renumbered 97.65, and 97.65 (1), (2),
2(3) and (4), as renumbered, are amended to read:
SB21-SSA1,1265,133 97.65 (1) The department may enter, at reasonable hours, any premises for
4which a permit license is required under this subchapter or s. 254.47 97.67 or any
5restaurant or temporary restaurant for which a license is required under s. 97.30
to
6inspect the premises, secure samples or specimens, examine and copy relevant
7documents and records, or obtain photographic or other evidence needed to enforce
8this subchapter or s. 254.47 97.30 or 97.67. If samples of food are taken, the
9department shall pay or offer to pay the market value of the samples taken. The
10department shall examine the samples and specimens secured and shall conduct
11other inspections and examinations needed to determine whether there is a violation
12of this subchapter, s. 254.47 97.30 or 97.67, or rules promulgated by the department
13under this subchapter or s. 254.47 97.30 or 97.67.
SB21-SSA1,1266,4 14(2) (a) Whenever, as a result of an examination, the department has reasonable
15cause to believe that any examined food constitutes, or that any construction,
16sanitary condition, operation, or method of operation of the premises or equipment
17used on the premises creates, an immediate danger to health, the administrator of
18the division of the
department responsible for public health may issue a temporary
19order and cause it to be delivered to the permittee licensee, or to the owner or
20custodian of the food, or to both. The order may prohibit the sale or movement of the
21food for any purpose, prohibit the continued operation or method of operation of
22specific equipment, require the premises to cease other operations or methods of
23operation which create the immediate danger to health, or set forth any combination
24of these requirements. The administrator department may order the cessation of all
25operations authorized by the permit license only if a more limited order does not

1remove the immediate danger to health. Except as provided in par. (c), no temporary
2order is effective for longer than 14 days from the time of its delivery, but a temporary
3order may be reissued for one additional 14-day period, if necessary to complete the
4analysis or examination of samples, specimens, or other evidence.
SB21-SSA1,1266,145 (b) No food described in a temporary order issued and delivered under par. (a)
6may be sold or moved and no operation or method of operation prohibited by the
7temporary order may be resumed without the approval of the department, until the
8order has terminated or the time period specified in par. (a) has run out, whichever
9occurs first. If the department, upon completed analysis and examination,
10determines that the food, construction, sanitary condition, operation or method of
11operation of the premises or equipment does not constitute an immediate danger to
12health, the permittee licensee, owner, or custodian of the food or premises shall be
13promptly notified in writing and the temporary order shall terminate upon his or her
14receipt of the written notice.
SB21-SSA1,1266,2215 (c) If the analysis or examination shows that the food, construction, sanitary
16condition, operation or method of operation of the premises or equipment constitutes
17an immediate danger to health, the permittee licensee, owner, or custodian shall be
18notified within the effective period of the temporary order issued under par. (a).
19Upon receipt of the notice, the temporary order remains in effect until a final decision
20is issued under sub. (3), and no food described in the temporary order may be sold
21or moved and no operation or method of operation prohibited by the order may be
22resumed without the approval of the department.
SB21-SSA1,1267,11 23(3) A notice issued under sub. (2) (c) shall be accompanied by a statement which
24informs the permittee licensee, owner, or custodian that he or she has a right to
25request a hearing in writing within 15 days after issuance of the notice. The

1department shall hold a hearing no later than 15 days after the department receives
2the written request for a hearing, unless both parties agree to a later date. A final
3decision shall be issued under s. 227.47 within 10 days of the conclusion of the
4hearing. The decision may order the destruction of food, the diversion of food to uses
5which do not pose a danger to health, the modification of food so that it does not create
6a danger to health, changes to or replacement of equipment or construction, other
7changes in or cessations of any operation or method of operation of the equipment
8or premises, or any combination of these actions necessary to remove the danger to
9health. The decision may order the cessation of all operations authorized by the
10permit license only if a more limited order will not remove the immediate danger to
11health.
SB21-SSA1,1267,17 12(4) A proceeding under this section, or the issuance of a permit license for the
13premises after notification of procedures under this section, does not constitute a
14waiver by the department of its authority to rely on a violation of this subchapter,
15s. 254.47 97.30 or 97.67, or any rule promulgated under this subchapter or s. 254.47
1697.30 or 97.67 as the basis for any subsequent suspension or revocation of the permit
17license or any other enforcement action arising out of the violation.
SB21-SSA1,4103 18Section 4103. 254.86 of the statutes is renumbered 97.71 and amended to
19read:
SB21-SSA1,1267,25 2097.71 Suspension or revocation of permit license. The department or a
21local health department designated as an agent under s. 254.69 97.615 (2) or 97.41
22(2)
may refuse or withhold issuance of a permit license under this chapter or may
23suspend or revoke a permit license for violation of this subchapter chapter or any rule
24or order of the department of health services, ordinance of the village, city or county
25or regulation of the local board of health.
SB21-SSA1,4104
1Section 4104. 254.87 of the statutes is repealed.
SB21-SSA1,4105 2Section 4105. 254.88 of the statutes is repealed.
SB21-SSA1,4108 3Section 4108. 255.08 of the statutes is renumbered 463.25, and 463.25 (2) (a)
4and (b), as renumbered, are amended to read:
SB21-SSA1,1268,95 463.25 (2) (a) No person may operate a tanning facility without a permit that
6the department may, except as provided in ss. 250.041 and 254.115 s. 463.14, issue
7under this subsection. The holder of a permit issued under this subsection shall
8display the permit in a conspicuous place at the tanning facility for which the permit
9is issued.
SB21-SSA1,1268,1610 (b) Permits issued under this subsection shall expire annually on June 30.
11Except as provided in ss. 250.041 and 254.115 s. 463.14, a permit applicant shall
12submit an application for a permit to the department on a form provided by the
13department with a the permit fee established by the department by rule under s.
14440.03 (9)
. The application shall include the name and complete mailing address and
15street address of the tanning facility and any other information reasonably required
16by the department for the administration of this section.
SB21-SSA1,4109b 17Section 4109b. 255.35 (1m) (a) 2. of the statutes is amended to read:
SB21-SSA1,1268,1818 255.35 (1m) (a) 2. Licensure as a licensed practical nurse under s. 441.10 (3).
SB21-SSA1,4109d 19Section 4109d. 255.35 (3) (c) of the statutes is created to read:
SB21-SSA1,1268,2320 255.35 (3) (c) The department may use moneys expended from the
21appropriation under s. 20.435 (1) (ds) for the poison control system under this section
22as the state share for purposes of obtaining federal matching funds under 42 USC
231397aa
to 42 USC 1397mm, if those moneys are eligible for a federal funding match.
SB21-SSA1,4109j 24Section 4109j. 256.15 (4) (c) of the statutes is amended to read:
SB21-SSA1,1269,5
1256.15 (4) (c) Notwithstanding par. (a) and subject to par. (d), the department
2may promulgate rules that establish standards for staffing of ambulances in which
3the primary services provided are those which an emergency medical technician —
4intermediate is authorized to provide or those which an emergency medical
5technician — paramedic is authorized to provide.
SB21-SSA1,4109k 6Section 4109k. 256.15 (4) (d) of the statutes is created to read:
SB21-SSA1,1269,147 256.15 (4) (d) If an ambulance service provider that was initially licensed at
8the paramedic level in 1993 and is located in a municipality in Dodge and Jefferson
9counties has dispatched an ambulance containing 2 emergency medical technicians
10— paramedics, the department shall allow that ambulance service provider to staff
11an ambulance at the paramedic level for a subsequent call with one emergency
12medical technician — paramedic and one emergency medical technician of any level
13while the first ambulance containing 2 emergency medical technicians —
14paramedics is occupied providing service.
SB21-SSA1,4110 15Section 4110. 257.01 (5) (a) of the statutes is amended to read:
SB21-SSA1,1269,2116 257.01 (5) (a) An individual who is licensed as a physician, a physician
17assistant, or a podiatrist under ch. 448, licensed as a registered nurse, licensed
18practical nurse, or nurse-midwife under ch. 441, licensed as a dentist under ch. 447,
19licensed as a pharmacist under ch. 450, licensed as a veterinarian or certified as a
20veterinary technician under ch. 453 89, or certified as a respiratory care practitioner
21under ch. 448.
SB21-SSA1,4111 22Section 4111. 257.01 (5) (b) of the statutes is amended to read:
SB21-SSA1,1270,523 257.01 (5) (b) An individual who was at any time within the previous 10 years,
24but is not currently, licensed as a physician, a physician assistant, or a podiatrist
25under ch. 448, licensed as a registered nurse, licensed practical nurse, or

1nurse-midwife, under ch. 441, licensed as a dentist under ch. 447, licensed as a
2pharmacist under ch. 450, licensed as a veterinarian or certified as a veterinary
3technician under ch. 453 89, or certified as a respiratory care practitioner under ch.
4448, if the individual's license or certification was never revoked, limited, suspended,
5or denied renewal.
SB21-SSA1,4112e 6Section 4112e. 281.31 (2m) (intro.) of the statutes is amended to read:
SB21-SSA1,1270,117 281.31 (2m) (intro.) Notwithstanding any other provision of law or
8administrative rule, a shoreland zoning ordinance required under s. 59.692, a
9construction site erosion control and storm water management zoning ordinance
10authorized under s. 59.693, 60.627, 61.354, or 62.234, or a wetland zoning ordinance
11required under s. 61.351 or 62.231 does not apply to lands any of the following:
SB21-SSA1,1270,12 12(a) Lands adjacent to farm drainage ditches if all of the following apply:
SB21-SSA1,4112f 13Section 4112f. 281.31 (2m) (a) of the statutes is renumbered 281.31 (2m) (a)
141. and amended to read:
SB21-SSA1,1270,1615 281.31 (2m) (a) 1. Such The lands are not adjacent to a natural navigable
16stream or river;.
SB21-SSA1,4112g 17Section 4112g. 281.31 (2m) (b) of the statutes is renumbered 281.31 (2m) (a)
182. and amended to read:
SB21-SSA1,1270,2019 281.31 (2m) (a) 2. Those parts of the drainage ditches adjacent to these lands
20were nonnavigable streams before ditching; and.
SB21-SSA1,4112h 21Section 4112h. 281.31 (2m) (bg) of the statutes is created to read:
SB21-SSA1,1270,2422 281.31 (2m) (bg) Lands adjacent to artificially constructed drainage ditches,
23ponds, or storm water retention basins that are not hydrologically connected to a
24natural navigable water body.
SB21-SSA1,4112i 25Section 4112i. 281.31 (2m) (c) of the statutes is repealed.
SB21-SSA1,4117
1Section 4117. 281.57 (7) (c) 1. of the statutes is amended to read:
SB21-SSA1,1271,82 281.57 (7) (c) 1. Metropolitan sewerage districts that serve 1st class cities are
3limited in each fiscal year to receiving total grant awards not to exceed 33% of the
4sum of the amounts in the schedule for that fiscal year for the appropriation under
5s. 20.165 (2) (de) (ke) and the amount authorized under sub. (10) for that fiscal year
6plus the unencumbered balance at the end of the preceding fiscal year for the amount
7authorized under sub. (10). This subdivision is not applicable to grant awards
8provided during fiscal years 1985-86, 1986-87, 1988-89 and 1989-90.
SB21-SSA1,4119 9Section 4119. 281.58 (8) (c) of the statutes is amended to read:
SB21-SSA1,1271,1510 281.58 (8) (c) Except as provided in par. (k), financial assistance may be
11provided for the design, planning and construction of a collection system, interceptor
12or individual system project in an unsewered municipality or an unsewered area of
13a municipality, only if the department finds that at least two-thirds of the initial flow
14will be for wastewater originating from residences in existence on October 17, 1972
15for at least 20 years prior to the submission of the application under sub. (9) (a).
SB21-SSA1,4120 16Section 4120. 281.58 (8) (i) of the statutes is amended to read:
SB21-SSA1,1271,2117 281.58 (8) (i) After June 30, 1991, no municipality may receive for projects in
18a biennium an amount that exceeds 35.2% of the amount approved by the legislature
19under s. 281.59 (3e) (b)
that the department of administration projects will be
20available to provide financial assistance for projects under this section
for that
21biennium.
SB21-SSA1,4121 22Section 4121. 281.58 (8) (j) of the statutes is amended to read:
SB21-SSA1,1272,223 281.58 (8) (j) The amount of a payment under sub. (6) (b) 8. may not exceed the
24amount of subsidy necessary to reduce the interest rate on the loan from market rate

1to the interest rate that would have been charged on a loan to the municipality under
2sub. (6) (b) 4.
SB21-SSA1,4122 3Section 4122. 281.58 (9) (e) of the statutes is amended to read:
SB21-SSA1,1272,164 281.58 (9) (e) If the department of natural resources and the department of
5administration determine that the governor's recommendation, as set forth in the
6executive budget bill, for the amount under s. 281.59 (3e) (b), the amount available
7under s. 20.866 (2) (tc), or the amount available under s. 281.59 (4) (f)
the total
8amount that the department of administration projects will be available to provide
9financial assistance for projects under this section
for a biennium , as set forth in the
10biennial finance plan under s. 281.59 (3) (a) 2. and as updated under s. 281.59 (3) (bm)
112.,
is insufficient to provide funding for all projects for which applications will be
12approved during that biennium, the department shall inform municipalities that, if
13the governor's recommendations are approved, clean water fund program assistance
14during a fiscal year of that biennium will be available only to municipalities that
15submit financial assistance applications by the June 30 preceding September 30 of
16that fiscal year.
SB21-SSA1,4123 17Section 4123. 281.58 (9m) (a) (intro.) of the statutes is amended to read:
Loading...
Loading...