AB100: Bill Text

AB100,1392,7 2. Standards of operation for authorized vendors and food distribution centers, including prohibited practices.

AB100,1392,8 3. Minimum requirements for participants, including prohibited practices.

AB100,1392,10 4. Procedures for approving or denying an application to be a participant, including appeal procedures.

AB100,1392,12 (b) A person who violates any rule promulgated under this subsection may be subject to any of the following:

AB100,1392,13 1. Denial of the application to be a participant or authorized vendor.

AB100,1392,15 2. Suspension or termination of authorization for an authorized vendor or, in the case of a food distribution center, termination of the contract.

AB100,1392,16 3. Disqualification from the program under this section for a participant.

AB100,1392,17 4. Forfeiture of not less than $10 nor more than $1,000.

AB100,1392,18 5. Recoupment.

AB100,1393,2 (c) Whenever the department imposes a forfeiture or recoupment for a violation of rules promulgated under this subsection, the department shall also impose an enforcement assessment in an amount of 50% of the forfeiture or recoupment imposed. If multiple offenses are involved, the department shall base the enforcement assessment upon the total forfeiture and recoupment amounts for all offenses. When a forfeiture or recoupment is suspended in whole or in part, the department shall reduce the enforcement assessment in proportion to the suspension.

AB100,1393,11 (d) The department may directly assess a forfeiture provided for under par. (b) 4., recoupment provided for under par. (b) 5. and an enforcement assessment provided for under par. (c). If the department determines that a forfeiture, recoupment or enforcement assessment should be levied, or that authorization or eligibility should be suspended or terminated, for a particular violation or for failure to correct it, the department shall send a notice of assessment, suspension or termination to the vendor, food distribution center or participant. The notice shall inform the vendor, food distribution center or participant of the right to a hearing under sub. (6) and shall specify all of the following:

AB100,1393,12 1. The amount of the forfeiture assessed, if any.

AB100,1393,13 2. The amount of the recoupment assessed, if any.

AB100,1393,14 3. The amount of the enforcement assessment, if any.

AB100,1393,15 4. The violation.

AB100,1393,16 5. The statute or rule alleged to have been violated.

AB100,1393,19 6. If applicable, that the suspension or termination of authorization of the vendor or eligibility of the participant is effective beginning on the 15th day after receipt of the notice of suspension or termination.

AB100,1394,5 (e) The suspension or termination of authorization of a vendor or eligibility of a participant shall be effective beginning on the 15th day after receipt of the notice of suspension or termination. All forfeitures, recoupments and enforcement assessments shall be paid to the department within 15 days after receipt of notice of assessment or, if the forfeiture, recoupment or enforcement assessment is contested under sub. (6), within 10 days after receipt of the final decision after exhaustion of administrative review, unless the final decision is adverse to the department or unless the final decision is appealed and the decision is stayed by court order under sub. (7). The department shall remit all forfeitures paid to the state treasurer for deposit in the school fund. The department shall deposit all enforcement assessments in the appropriation under s. 20.435 (1) (gr).

AB100,1394,11 (f) The attorney general may bring an action in the name of the state to collect any forfeiture or recoupment imposed under par. (b) or enforcement assessment imposed under par. (c), if the forfeiture, recoupment or enforcement assessment has not been paid following the exhaustion of all administrative and judicial reviews. The only issue that may be contested in any such action is whether the forfeiture or enforcement assessment has been paid.

AB100, s. 3445 Section 3445. 253.06 (6) of the statutes is created to read:

AB100,1394,15 253.06 (6) Appeal procedure. (a) Any hearing under s. 227.42 granted by the department under this section may be conducted before the division of hearings and appeals in the department of administration.

AB100,1395,5 (b) A person may contest an assessment of forfeiture, recoupment or enforcement assessment, a denial, suspension or termination of authorization or a suspension or termination of eligibility by sending a written request for hearing under s. 227.44 to the division of hearings and appeals in the department of administration within 10 days after the receipt of the notice issued under sub. (3) (bm) or (5) (d). The administrator of the division of hearings and appeals may designate a hearing examiner to preside over the case and recommend a decision to the administrator under s. 227.46. The decision of the administrator of the division of hearings and appeals shall be the final administrative decision. The division of hearings and appeals shall commence the hearing and issue a final decision within 60 days after receipt of the request for hearing unless all of the parties consent to a later date. Proceedings before the division of hearings and appeals are governed by ch. 227. In any petition for judicial review of a decision by the division of hearings and appeals, the department, if not the petitioner who was in the proceeding before the division of hearings and appeals, shall be the named respondent.

AB100, s. 3446 Section 3446. 253.06 (7) of the statutes is created to read:

AB100,1395,15 253.06 (7) Injunction procedure. No injunction may be issued in any proceeding for review under ch. 227 of a decision of the division of hearings and appeals under sub. (6), suspending or staying the decision except upon application to the circuit court or presiding judge thereof, notice to the department and any other party and hearing. No injunction that delays or prevents a decision of the division of hearings and appeals from becoming effective may be issued in any other proceeding or action in any court unless the parties to the proceeding before the division of hearings and appeals in which the order was made are also parties to the proceeding or action before the court.

AB100, s. 3447 Section 3447. 253.06 (8) of the statutes is created to read:

AB100,1395,19 253.06 (8) Inspection of premises. The department may visit and inspect each authorized vendor and each food distribution center, and for such purpose shall be given unrestricted access to the premises described in the authorization or contract.

AB100, s. 3448 Section 3448. 253.07 (4) (intro.) of the statutes is amended to read:

AB100,1395,23 253.07 (4) Family planning services. (intro.) From the appropriation under s. 20.435 (1) (5) (f), the department shall allocate funds in the following amounts, for the following services:

AB100, s. 3449 Section 3449. 253.08 of the statutes is amended to read:

AB100,1396,5 253.08 Pregnancy counseling services. The department shall make grants from the appropriation under s. 20.435 (1) (5) (eg) to individuals and organizations to provide pregnancy counseling services. For a program to be eligible under this section, an applicant must demonstrate that moneys provided in a grant under s. 20.435 (1) (5) (eg) will not be used to perform an abortion.

AB100, s. 3450 Section 3450. 253.085 (2) of the statutes is amended to read:

AB100,1396,10 253.085 (2) In addition to the amounts appropriated under s. 20.435 (1) (5) (ev), the department shall allocate $250,000 for each fiscal year from moneys received under the maternal and child health services block grant program, 42 USC 701 to 709, for the outreach program under this section.

AB100, s. 3451 Section 3451. 253.10 (3) (c) 2. c. of the statutes is amended to read:

AB100,1396,19 253.10 (3) (c) 2. c. That the woman has a legal right to continue her pregnancy and to keep the child, place the child in foster care, place the child with a relative for adoption or petition the court for placement of the child for adoption in the home of a person who is not a relative; to place the child in a foster home or treatment foster home for 6 months or to petition a court for placement of the child in a foster home, treatment foster home or group home or with a relative; or to place the child for adoption under a process that involves court approval both of the voluntary termination of parental rights and of the adoption.

AB100, s. 3452 Section 3452. 253.10 (3) (d) (intro.) of the statutes is amended to read:

AB100,1397,5 253.10 (3) (d) Printed information. (intro.) By the date that is 60 days after May 16, 1996, the department shall cause to be published in English, Spanish, and other languages spoken by a significant number of state residents, as determined by the department, materials that are in an easily comprehensible format and are printed in type of not less than 12-point size. The department shall distribute a reasonably adequate number of the materials to county departments as specified under s. 46.245 (1) and upon request, annually review the materials for accuracy and exercise reasonable diligence in providing materials that are accurate and current. The department may charge a fee not to exceed the actual cost of the preparation and distribution of the materials. The materials shall be all of the following:

AB100, s. 3453 Section 3453. 253.10 (3) (d) 1. of the statutes is amended to read:

AB100,1398,14 253.10 (3) (d) 1. Geographically indexed materials that are designed to inform a woman about public and private agencies, including adoption agencies, and services that are available to provide ultrasound imaging services, to assist her if she has received a diagnosis that her unborn child has a disability or if her pregnancy is the result of sexual assault or incest and to assist her through pregnancy, upon childbirth and while the child is dependent. The materials shall include a comprehensive list of the agencies available, a description of the services that they offer and a description of the manner in which they may be contacted, including telephone numbers and addresses, or, at the option of the department, the materials shall include a toll-free, 24-hour telephone number that may be called to obtain an oral listing of available agencies and services in the locality of the caller and a description of the services that the agencies offer and the manner in which they may be contacted. The materials shall provide information on the availability of governmentally funded programs that serve pregnant women and children. Services identified for the woman shall include aid to families with dependent children under s. 49.19, medical assistance for pregnant women and children under s. 49.47 (4) (am), the job opportunities and basic skills program under s. 49.193, the availability of family or medical leave under s. 103.10, child care services, child support laws and programs and the credit for expenses for household and dependent care and services necessary for gainful employment under section 21 of the internal revenue code. The materials shall state that it is unlawful for any person to coerce a woman to undergo an abortion to perform an abortion for which consent has been coerced, that any physician who performs or induces an abortion without obtaining the woman's voluntary and informed consent is liable to her for damages in a civil action and is subject to a civil penalty, that the father of a child is liable for assistance in the support of the child, even in instances in which the father has offered to pay for an abortion, and that adoptive parents may pay the costs of prenatal care, childbirth and neonatal care. The materials shall include information, for a woman whose pregnancy is the result of sexual assault or incest, on legal protections available to the woman and her child if she wishes to oppose establishment of paternity or to terminate the father's parental rights. The materials shall state that fetal ultrasound imaging and auscultation of fetal heart tone services are obtainable by pregnant women who wish to use them and shall describe the services.

AB100, s. 3454 Section 3454. 253.12 of the statutes is repealed.

AB100, s. 3455 Section 3455. 254.151 (intro.) of the statutes is amended to read:

AB100,1398,20 254.151 Lead poisoning or lead exposure prevention grants. (intro.) From the appropriation under s. 20.435 (1) (5) (ef), the department shall award the following grants under criteria that the department shall establish in rules promulgated under this section:

AB100, s. 3456 Section 3456. 254.176 (1) of the statutes is amended to read:

AB100,1398,25 254.176 (1) Except as provided in sub. (2) and s. 250.041, the department may establish by rule certification requirements for any person who performs lead hazard reduction or a lead management activity or who supervises the performance of any lead hazard reduction or lead management activity.

AB100, s. 3457 Section 3457. 254.176 (3) (intro.) of the statutes is amended to read:

AB100,1399,4 254.176 (3) (intro.)  The Except as provided in s. 250.041, the department may promulgate rules establishing certification requirements for persons required to be certified under this section. Any rules promulgated under this section:

AB100, s. 3458 Section 3458. 254.176 (3) (a) of the statutes is amended to read:

AB100,1399,8 254.176 (3) (a) Shall include requirements and procedures for issuing, renewing, revoking and suspending under this section certifications issued under this section.

AB100, s. 3459 Section 3459. 254.178 (1) (b) of the statutes is amended to read:

AB100,1399,12 254.178 (1) (b) No Except as provided in s. 250.041, no person may function as an instructor of a lead training course accredited under this section unless the person is approved by the department under this section.

AB100, s. 3460 Section 3460. 254.178 (2) (intro.) of the statutes is amended to read:

AB100,1399,16 254.178 (2) (intro.) The department shall promulgate rules establishing requirements, except as provided in s. 250.041, for accreditation of lead training courses and approval of lead instructors. These rules:

AB100, s. 3461 Section 3461. 254.178 (2) (a) of the statutes is amended to read:

AB100,1399,20 254.178 (2) (a) Shall Except as provided in s. 250.041, shall include requirements and procedures for granting, renewing, revoking and suspending under this section lead training course accreditations and lead instructor approvals.

AB100, s. 3462 Section 3462. 254.178 (4) of the statutes is amended to read:

AB100,1399,25 254.178 (4) After notice and opportunity for hearing, the department may revoke, suspend, deny or refuse to renew under this section any accreditation or approval issued under this section in accordance with the procedures set forth in ch. 227.

AB100, s. 3463 Section 3463. 254.20 (2) (d) of the statutes is amended to read:

AB100,1400,6 254.20 (2) (d) The Except as provided in s. 250.041, the department may establish by rule certification requirements for any person not certified under pars. (a) to (c) who performs any asbestos abatement activity or asbestos management activity or who supervises the performance of any asbestos abatement activity or asbestos management activity.

AB100, s. 3464 Section 3464. 254.20 (3) (a) of the statutes is amended to read:

AB100,1400,12 254.20 (3) (a) The Except as provided in s. 250.041, the department may establish by rule eligibility requirements for persons applying for a certification card required under sub. (2). Any training required by the department under this paragraph may be approved by the department or provided by the department under sub. (8).

AB100, s. 3465 Section 3465. 254.20 (3) (b) of the statutes is amended to read:

AB100,1400,18 254.20 (3) (b) The Except as provided in s. 250.041, the department shall establish the procedure for issuing certification cards under this subsection. In establishing that procedure, the department shall prescribe an application form and establish an examination procedure and may require applicants to provide photographic identification.

AB100, s. 3466 Section 3466. 254.20 (4) of the statutes is amended to read:

AB100,1400,23 254.20 (4) Renewal. A certification card issued under sub. (3) is valid for one year. The Except as provided in s. 250.041, the department may establish requirements for renewing such a card, including but not limited to additional training.

AB100, s. 3467 Section 3467. 254.20 (6) of the statutes is amended to read:

AB100,1401,3 254.20 (6) Suspension or revocation. The department may, under this section, suspend or revoke a certification card issued under sub. (3) if it determines that the holder of the card is not qualified to be certified.

AB100, s. 3468 Section 3468. 254.20 (7) of the statutes is amended to read:

AB100,1401,8 254.20 (7) Appeals. Any Except as provided in s. 250.041, any suspension, revocation or nonrenewal of a certification card required under sub. (2) or any denial of an application for such a certification card is subject to judicial review under ch. 227.

AB100, s. 3469 Section 3469. 254.34 (4) of the statutes is amended to read:

AB100,1401,13 254.34 (4) The department shall develop standards of performance for the regional radon centers and, from the appropriation under s. 20.435 (1) (5) (ed), the department shall allocate funds based on compliance with the standards to provide radon protection information dissemination from the regional radon centers.

AB100, s. 3470 Section 3470. 254.47 (1) of the statutes is amended to read:

AB100,1401,21 254.47 (1) The Except as provided in s. 250.041, the department or a local health department granted agent status under s. 254.69 (2) shall issue permits to and regulate campgrounds and camping resorts, recreational and educational camps and public swimming pools. No person or state or local government who has not been issued a permit under this section may conduct, maintain, manage or operate a campground and camping resort, recreational camp and educational camp or public swimming pool, as defined by departmental rule.

AB100, s. 3471 Section 3471. 254.47 (2m) of the statutes is amended to read:

AB100,1402,3 254.47 (2m) The Except as provided in s. 250.041, the initial issuance, renewal or continued validity of a permit issued under this section may be conditioned upon the requirement that the permittee correct a violation of this section, rules promulgated by the department under this section or ordinances adopted under s. 254.69 (2) (g), within a period of time that is specified. If the condition is not met within the specified period of time, the permit is void.

AB100, s. 3472 Section 3472. 254.47 (3) of the statutes is amended to read:

AB100,1402,11 254.47 (3) Anyone who violates this section or any rule of the department under this section shall be fined not less than $25 nor more than $250. Anyone who fails to comply with an order of the department shall forfeit $10 for each day of noncompliance after the order is served upon or directed to him or her. The department may also, after a hearing under ch. 227, refuse to issue a permit under this section or suspend or revoke a permit under this section for violation of this section or any rule or order the department issues to implement this section.

AB100, s. 3473 Section 3473. 254.52 (2) (intro.) of the statutes is amended to read:

AB100,1402,16 254.52 (2) (intro.)  The department, in consultation with the department of education public instruction, the department of natural resources and the department of agriculture, trade and consumer protection, shall do all of the following:

AB100, s. 3474 Section 3474. 254.64 (1) (c) of the statutes is amended to read:

AB100,1403,5 254.64 (1) (c) No Except as provided in s. 250.041, no permit 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 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, late fees and processing charges that are specified by rules promulgated by the department. If the permit applicant fails to pay all applicable fees, late fees and processing charges within 15 days after the applicant receives notice of the insufficiency, the permit is void. In an appeal concerning voiding of a permit under this paragraph, the burden is on the permit 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 to be operation without a permit.

AB100, s. 3475 Section 3475. 254.64 (1p) of the statutes is amended to read:

AB100,1403,12 254.64 (1p) The Except as provided in s. 250.041, the department may condition the initial issuance, renewal or continued validity of a permit issued under this section on correction by the permittee of a violation of this subchapter, rules promulgated by the department under this subchapter or ordinances or regulations adopted under s. 254.69 (2) (g), within a specified period of time. If the permittee fails to meet the condition within the specified period of time, the permit is void.

AB100, s. 3476 Section 3476. 254.71 (2) of the statutes is amended to read:

AB100,1403,18 254.71 (2) The Except as provided in s. 250.041, the department may issue a certificate of food protection practices to an individual who satisfactorily completes a written examination, approved by the department, that demonstrates the individual's basic knowledge of food protection practices or who has achieved comparable compliance.

AB100, s. 3477 Section 3477. 254.71 (3) of the statutes is amended to read:

AB100,1403,23 254.71 (3) Each certificate is valid for 5 years from the date of issuance and, except as provided in s. 250.041, may be renewed by the holder of the certificate if he or she satisfactorily completes a recertification training course approved by the department.

AB100, s. 3478 Section 3478. 254.71 (6) (c) of the statutes is amended to read:

AB100,1404,3 254.71 (6) (c) Establishing procedures for issuance, except as provided in s. 250.041, of certificates of food protection practices, including application submittal and review.

AB100, s. 3479 Section 3479. 255.05 (2) of the statutes is amended to read:

AB100,1404,10 255.05 (2) From the appropriation under s. 20.435 (1) (5) (cc), the department shall allocate up to $400,000 in each fiscal year to provide grants to applying individuals, institutions or organizations for the conduct of projects on cancer control and prevention. Funds shall be awarded on a matching basis, under which, for each grant awarded, the department shall provide 50%, and the grantee 50%, of the total grant funding.