SB21,4101
8Section
4101. 254.84 (6) of the statutes is repealed.
SB21,4102
9Section
4102. 254.85 of the statutes is renumbered 97.65, and 97.65 (1), (2),
10(3) and (4), as renumbered, are amended to read:
SB21,1557,20
1197.65 Enforcement. (1) The department may enter, at reasonable hours, any
12premises for which a
permit license is required under this subchapter or s.
254.47 1397.67 to inspect the premises, secure samples or specimens, examine and copy
14relevant documents and records or obtain photographic or other evidence needed to
15enforce this subchapter or s.
254.47 97.67. If samples of food are taken, the
16department shall pay or offer to pay the market value of the samples taken. The
17department shall examine the samples and specimens secured and shall conduct
18other inspections and examinations needed to determine whether there is a violation
19of this subchapter, s.
254.47 97.67 or rules promulgated by the department under this
20subchapter or s.
254.47 97.67.
SB21,1558,11
21(2) (a) Whenever, as a result of an examination, the department has reasonable
22cause to believe that any examined food constitutes, or that any construction,
23sanitary condition, operation or method of operation of the premises or equipment
24used on the premises creates, an immediate danger to health, the administrator of
25the division of the department responsible for public health may issue a temporary
1order and cause it to be delivered to the
permittee licensee, or to the owner or
2custodian of the food, or to both. The order may prohibit the sale or movement of the
3food for any purpose, prohibit the continued operation or method of operation of
4specific equipment, require the premises to cease other operations or methods of
5operation which create the immediate danger to health, or set forth any combination
6of these requirements. The administrator may order the cessation of all operations
7authorized by the
permit license only if a more limited order does not remove the
8immediate danger to health. Except as provided in par. (c), no temporary order is
9effective for longer than 14 days from the time of its delivery, but a temporary order
10may be reissued for one additional 14-day period, if necessary to complete the
11analysis or examination of samples, specimens or other evidence.
SB21,1558,2112
(b) No food described in a temporary order issued and delivered under par. (a)
13may be sold or moved and no operation or method of operation prohibited by the
14temporary order may be resumed without the approval of the department, until the
15order has terminated or the time period specified in par. (a) has run out, whichever
16occurs first. If the department, upon completed analysis and examination,
17determines that the food, construction, sanitary condition, operation or method of
18operation of the premises or equipment does not constitute an immediate danger to
19health, the
permittee licensee, owner
, or custodian of the food or premises shall be
20promptly notified in writing and the temporary order shall terminate upon his or her
21receipt of the written notice.
SB21,1559,422
(c) If the analysis or examination shows that the food, construction, sanitary
23condition, operation or method of operation of the premises or equipment constitutes
24an immediate danger to health, the
permittee licensee, owner
, or custodian shall be
25notified within the effective period of the temporary order issued under par. (a).
1Upon receipt of the notice, the temporary order remains in effect until a final decision
2is issued under sub. (3), and no food described in the temporary order may be sold
3or moved and no operation or method of operation prohibited by the order may be
4resumed without the approval of the department.
SB21,1559,18
5(3) A notice issued under sub. (2) (c) shall be accompanied by a statement which
6informs the
permittee licensee, owner
, or custodian that he or she has a right to
7request a hearing in writing within 15 days after issuance of the notice. The
8department shall hold a hearing no later than 15 days after the department receives
9the written request for a hearing, unless both parties agree to a later date. A final
10decision shall be issued under s. 227.47 within 10 days of the conclusion of the
11hearing. The decision may order the destruction of food, the diversion of food to uses
12which do not pose a danger to health, the modification of food so that it does not create
13a danger to health, changes to or replacement of equipment or construction, other
14changes in or cessations of any operation or method of operation of the equipment
15or premises, or any combination of these actions necessary to remove the danger to
16health. The decision may order the cessation of all operations authorized by the
17permit license only if a more limited order will not remove the immediate danger to
18health.
SB21,1559,24
19(4) A proceeding under this section, or the issuance of a
permit license for the
20premises after notification of procedures under this section, does not constitute a
21waiver by the department of its authority to rely on a violation of this subchapter,
22s.
254.47 97.67, or any rule promulgated under this subchapter or s.
254.47 97.67 as
23the basis for any subsequent suspension or revocation of the
permit license or any
24other enforcement action arising out of the violation.
SB21,4103
1Section
4103. 254.86 of the statutes is renumbered 97.71 and amended to
2read:
SB21,1560,8
397.71 Suspension or revocation of permit license. The department or a
4local health department designated as an agent under s.
254.69 97.615 (2)
or 97.41
5(2) may refuse or withhold issuance of a
permit
license under this chapter or may
6suspend or revoke a
permit license for violation of this
subchapter chapter or any rule
7or order of the department
of health services, ordinance of the village, city or county
8or regulation of the local board of health.
SB21,4104
9Section
4104. 254.87 of the statutes is repealed.
SB21,4105
10Section
4105. 254.88 of the statutes is repealed.
SB21,4106
11Section
4106. 255.054 (2) of the statutes is amended to read:
SB21,1560,1612
255.054
(2) Annually by January 1, the Medical College of Wisconsin, Inc., and
13the Board of Regents of the University of Wisconsin System
Authority shall each
14report to the appropriate standing committees of the legislature under s. 13.172 (3)
15and to the governor on the prostate cancer research projects each has conducted
16under sub. (1) in the previous fiscal year.
SB21,4107
17Section
4107. 255.055 (2) of the statutes is amended to read:
SB21,1560,2218
255.055
(2) Annually by January 1, the Medical College of Wisconsin, Inc., and
19the Board of Regents of the University of Wisconsin System
Authority shall each
20report to the appropriate standing committees of the legislature under s. 13.172 (3)
21and to the governor on the cancer research projects each has conducted under sub.
22(1) in the previous fiscal year.
SB21,4108
23Section
4108. 255.08 of the statutes is renumbered 463.25, and 463.25 (2) (a)
24and (b), as renumbered, are amended to read:
SB21,1561,5
1463.25
(2) (a) No person may operate a tanning facility without a permit that
2the department may, except as provided in
ss. 250.041 and 254.115 s. 463.14, issue
3under this subsection. The holder of a permit issued under this subsection shall
4display the permit in a conspicuous place at the tanning facility for which the permit
5is issued.
SB21,1561,126
(b) Permits issued under this subsection shall expire annually on June 30.
7Except as provided in
ss. 250.041 and 254.115 s. 463.14, a permit applicant shall
8submit an application for a permit to the department on a form provided by the
9department with
a the permit fee established by the department
by rule under s.
10440.03 (9). The application shall include the name and complete mailing address and
11street address of the tanning facility and any other information reasonably required
12by the department for the administration of this section.
SB21,4109
13Section
4109. 255.15 (3) (b) 11. of the statutes is repealed.
SB21,4110
14Section
4110. 257.01 (5) (a) of the statutes is amended to read:
SB21,1561,2015
257.01
(5) (a) An individual who is licensed as a physician, a physician
16assistant, or a podiatrist under ch. 448, licensed as a registered nurse, licensed
17practical nurse, or nurse-midwife under ch. 441, licensed as a dentist under ch. 447,
18licensed as a pharmacist under ch. 450, licensed as a veterinarian or certified as a
19veterinary technician under ch.
453 89, or certified as a respiratory care practitioner
20under ch. 448.
SB21,4111
21Section
4111. 257.01 (5) (b) of the statutes is amended to read:
SB21,1562,422
257.01
(5) (b) An individual who was at any time within the previous 10 years,
23but is not currently, licensed as a physician, a physician assistant, or a podiatrist
24under ch. 448, licensed as a registered nurse, licensed practical nurse
, or
25nurse-midwife, under ch. 441, licensed as a dentist under ch. 447, licensed as a
1pharmacist under ch. 450, licensed as a veterinarian or certified as a veterinary
2technician under ch.
453 89, or certified as a respiratory care practitioner under ch.
3448, if the individual's license or certification was never revoked, limited, suspended,
4or denied renewal.
SB21,4112
5Section
4112. 281.19 (6) of the statutes is amended to read:
SB21,1562,76
281.19
(6) Orders issued by the department shall be signed by the person
7designated by the
board secretary.
SB21,4113
8Section
4113. 281.31 (3) (b) 2. of the statutes is amended to read:
SB21,1562,129
281.31
(3) (b) 2. Locate and maintain information relating to the state's water
10resources. The department shall collect pertinent data available from state, regional
11and federal agencies, the University of Wisconsin
System Authority, local units of
12government and other sources.
SB21,4114
13Section
4114
. 281.33 (2) of the statutes is amended to read:
SB21,1562,2314
281.33
(2) State storm water management plan. The department
, in
15consultation with the department of safety and professional services, shall
16promulgate by rule a state storm water management plan. This state plan is
17applicable to activities contracted for or conducted by any agency, as defined under
18s. 227.01 (1) but also including the office of district attorney, unless that agency
19enters into a memorandum of understanding with the department of natural
20resources in which that agency agrees to regulate activities related to storm water
21management. The department shall coordinate the activities of agencies, as defined
22under s. 227.01 (1), in storm water management and make recommendations to
23these agencies concerning activities related to storm water management.
SB21,4115
24Section
4115
. 281.33 (2) of the statutes, as affected by 2015 Wisconsin Act ....
25(this act), is amended to read:
SB21,1563,10
1281.33
(2) State storm water management plan. The department shall
2promulgate by rule a state storm water management plan. This state plan is
3applicable to activities contracted for or conducted by any agency, as defined under
4s. 227.01 (1) but also including the office of district attorney
and the University of
5Wisconsin System Authority, unless that agency enters into a memorandum of
6understanding with the department of natural resources in which that agency
7agrees to regulate activities related to storm water management. The department
8shall coordinate the activities of agencies, as defined under s. 227.01 (1), in storm
9water management and make recommendations to these agencies concerning
10activities related to storm water management.
SB21,4116
11Section
4116. 281.55 (6) (b) 1. of the statutes is amended to read:
SB21,1563,1912
281.55
(6) (b) 1. These payments shall not exceed 50% of the approved project
13in conjunction with the state program of advancement in anticipation of federal
14reimbursement under sub. (2). To provide for the financing of pollution prevention
15and abatement facilities, the
natural resources board
secretary, with the approval
16of the governor, subject to the limits of s. 20.866 (2) (tm) may direct that state debt
17be contracted as set forth in subd. 2. and subject to the limits set therein. Said debts
18shall be contracted for in the manner and form as the legislature hereafter
19prescribes.
SB21,4117
20Section
4117. 281.57 (7) (c) 1. of the statutes is amended to read:
SB21,1564,221
281.57
(7) (c) 1. Metropolitan sewerage districts that serve 1st class cities are
22limited in each fiscal year to receiving total grant awards not to exceed
33% of the
23sum of the amounts in the schedule for that fiscal year for the appropriation under
24s. 20.165 (2) (de) $771,738 and the amount authorized under sub. (10) for that fiscal
25year plus the unencumbered balance at the end of the preceding fiscal year for the
1amount authorized under sub. (10). This subdivision is not applicable to grant
2awards provided during fiscal years 1985-86, 1986-87, 1988-89 and 1989-90.
SB21,4118
3Section
4118. 281.58 (8) (a) 2. of the statutes is amended to read:
SB21,1564,94
281.58
(8) (a) 2. Connection laterals and sewer lines that transport wastewater
5from structures to municipally owned or individually owned wastewater systems
,
6unless water other than wastewater is entering the connection laterals or sewer lines
7from the ground or from above-ground sources and is being transported from a
8nonindustrial structure in a way that may interfere with compliance with a permit
9issued to a publicly owned treatment work under ch. 283.
SB21,4119
10Section
4119. 281.58 (8) (c) of the statutes is amended to read:
SB21,1564,1611
281.58
(8) (c) Except as provided in par. (k), financial assistance may be
12provided for the design, planning and construction of a collection system, interceptor
13or individual system project in an unsewered municipality or an unsewered area of
14a municipality, only if the department finds that at least two-thirds of the initial flow
15will be for wastewater originating from residences in existence
on October 17, 1972 16for at least 20 years prior to the submission of the application under sub. (9) (a).
SB21,4120
17Section
4120. 281.58 (8) (i) of the statutes is amended to read:
SB21,1564,2218
281.58
(8) (i) After June 30, 1991, no municipality may receive for projects in
19a biennium an amount that exceeds 35.2% of the amount
approved by the legislature
20under s. 281.59 (3e) (b) that the department of administration projects will be
21available to provide financial assistance for projects under this section for that
22biennium.
SB21,4121
23Section
4121. 281.58 (8) (j) of the statutes is amended to read:
SB21,1565,224
281.58
(8) (j) The amount of a payment under sub. (6) (b) 8. may not exceed the
25amount
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.
SB21,4122
3Section
4122. 281.58 (9) (e) of the statutes is amended to read:
SB21,1565,164
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.
SB21,4123
17Section
4123. 281.58 (9m) (a) (intro.) of the statutes is amended to read:
SB21,1565,1918
281.58
(9m) (a) (intro.) Subject to
pars. (c) and par. (d), the department shall
19approve an application after all of the following occur:
SB21,4124
20Section
4124. 281.58 (9m) (c) of the statutes is repealed.
SB21,4125
21Section
4125. 281.58 (9m) (e) 1. of the statutes is amended to read:
SB21,1566,222
281.58
(9m) (e) 1. Except as provided under par. (f) and sub. (13), if a sufficient
23amount of
subsidy financial assistance under this section is available
under s. 281.59
24(3e) (b) for the municipality's project
, based on the calculation under s. 281.59 (3e)
1(f), when the department approves the application under par. (a), the department of
2administration shall allocate that amount to the project.
SB21,4126
3Section
4126. 281.58 (9m) (e) 2. of the statutes is amended to read:
SB21,1566,84
281.58
(9m) (e) 2. If a sufficient amount of
subsidy financial assistance under
5this section is not available
under s. 281.59 (3e) (b) for the municipality's project
6when the department approves the application under
subd. 1. par. (a), the
7department shall place the project on a list for allocation when additional
subsidy
8becomes financial assistance becomes available.
SB21,4127
9Section
4127. 281.58 (9m) (f) (intro.) of the statutes is amended to read:
SB21,1566,1510
281.58
(9m) (f) (intro.) If the department of natural resources and the
11department of administration determine that the amount
approved under s. 281.59
12(3e) (b), the amount available under s. 20.866 (2) (tc), or the amount available under
13s. 281.59 (4) (f) available to provide financial assistance for projects under this
14section for a biennium is insufficient to provide funding for all projects for which
15applications will be approved during that biennium, all of the following apply:
SB21,4128
16Section
4128. 281.58 (9m) (f) 1. of the statutes is amended to read:
SB21,1566,2117
281.58
(9m) (f) 1. The department shall establish a funding list for each fiscal
18year of the biennium that ranks projects of municipalities that submit financial
19assistance applications under sub. (9) (a) no later than the
June 30 preceding 20September 30 of the fiscal year in the same order that they appear on the priority list
21under sub. (8e).
SB21,4129
22Section
4129. 281.58 (9m) (fm) of the statutes is amended to read:
SB21,1567,423
281.58
(9m) (fm) The department, in consultation with the department of
24administration, shall promulgate, by rule, methods to establish deadlines for actions
25that must be taken by a municipality to which
subsidy
financial assistance has been
1allocated. The methods may provide for extending deadlines under specified
2circumstances. If a municipality fails to meet a deadline, including any extension,
3the department of administration shall
release rescind the
amount allocation of
4subsidy allocated to financial assistance for the municipality's project.
SB21,4130
5Section
4130. 281.58 (9m) (g) of the statutes is repealed.
SB21,4131
6Section
4131. 281.58 (12) (a) 1. of the statutes is amended to read:
SB21,1567,127
281.58
(12) (a) 1. Except as modified under par. (f) and except as restricted by
8sub. (8) (b), (c), (f) or (h), the interest rate for projects specified in sub. (7) (b) 1. and
92. is
60 percent of market interest rate for projects for which the subsidy is allocated
10from the amount under s. 281.59 (3e) (b) for a biennium before the 2011-13 biennium
11and 75 percent of market interest rate
for projects for which the subsidy is allocated
12from the amount under s. 281.59 (3e) (b) for the 2011-13 biennium or later.
SB21,4132
13Section
4132. 281.58 (12) (a) 2. of the statutes is amended to read:
SB21,1567,1914
281.58
(12) (a) 2. Except as modified under par. (f) and except as restricted by
15sub. (8) (b), (c), (f) or (h), the interest rate for projects specified in sub. (7) (b) 5. is
65
16percent of market interest rate for projects for which the subsidy is allocated from
17the amount under s. 281.59 (3e) (b) for a biennium before the 2011-13 biennium and 1875 percent of market interest rate
for projects for which the subsidy is allocated from
19the amount under s. 281.59 (3e) (b) for the 2011-13 biennium or later.
SB21,4133
20Section
4133. 281.58 (12) (a) 3. of the statutes is amended to read:
SB21,1568,221
281.58
(12) (a) 3. Except as modified under par. (f) and except as restricted by
22sub. (8) (b), (c), (f) or (h), the interest rate for projects specified in sub. (7) (b) 4. is
70
23percent of market interest rate for projects for which the subsidy is allocated from
24the amount under s. 281.59 (3e) (b) for a biennium before the 2011-13 biennium and
175 percent of market interest rate
for projects for which the subsidy is allocated from
2the amount under s. 281.59 (3e) (b) for the 2011-13 biennium or later.
SB21,4134
3Section
4134. 281.58 (13m) (b) of the statutes is amended to read:
SB21,1568,74
281.58
(13m) (b) Grants provided under this subsection are not included for
5the purposes of determining under sub. (8) (i) the amount that a municipality may
6receive for projects under the clean water fund program.
Grants awarded under this
7subsection are not considered for the purposes of sub. (9m) (e) or s. 281.59 (3e) (b).
SB21,4135
8Section
4135. 281.58 (15) (a) of the statutes is amended to read:
SB21,1568,139
281.58
(15) (a) The department and the department of administration may, at
10the request of a municipality, issue a notice of financial assistance commitment to the
11municipality after the department approves the municipality's application under
12sub. (9m) (a) and the department of administration has allocated
subsidy financial
13assistance for the municipality's project.
SB21,4136
14Section
4136. 281.59 (1) (b) of the statutes is amended to read:
SB21,1568,2315
281.59
(1) (b) "Market interest rate" means the effective interest rate on a
16fixed-rate revenue obligation issued by the state to fund a loan made under this
17section or,
for a variable rate if the department of administration determines that
18there has been a significant change in interest rates after the fixed-rate revenue
19obligation has been issued or if a fixed-rate revenue obligation
has not been issued
20by the state to fund a loan made under this section, the effective interest rate that
21the department of administration determines would have been paid if
the variable
22rate a fixed-rate revenue obligation had been
sold at a fixed rate issued on the date
23financial assistance is allotted.
SB21,4137
24Section
4137. 281.59 (1) (d) of the statutes is repealed.
SB21,4138
25Section
4138. 281.59 (1m) (c) of the statutes is repealed.
SB21,4139
1Section
4139. 281.59 (3) (a) 2. of the statutes is amended to read:
SB21,1569,42
281.59
(3) (a) 2. The total amount
of
that the department of administration
3projects will be available to provide financial assistance
planned to be provided or
4committed for projects under subd. 1. during the next biennium.
SB21,4140
5Section
4140. 281.59 (3) (a) 6. of the statutes is repealed.
SB21,4141
6Section
4141. 281.59 (3) (a) 6e. of the statutes is repealed.
SB21,4142
7Section
4142. 281.59 (3) (a) 6m. of the statutes is repealed.
SB21,4143
8Section
4143. 281.59 (3) (a) 7. of the statutes is repealed.
SB21,4144
9Section
4144. 281.59 (3) (j) of the statutes is amended to read:
SB21,1569,1610
281.59
(3) (j) No later than November 1 of each odd-numbered year, the
11department of administration and the department jointly shall submit a report, to
12the building commission and committees as required under par. (bm),
on the
13implementation of the amount established under sub. (3e) (b) as required under s.
14281.58 (9m) (e), and on the operations and activities of the clean water fund program,
15the safe drinking water loan program and the land recycling loan program for the
16previous biennium.
SB21,4145
17Section
4145. 281.59 (3e) (a) of the statutes is repealed.
SB21,4146
18Section
4146. 281.59 (3e) (b) of the statutes is repealed.
SB21,4147
19Section
4147. 281.59 (3e) (c) of the statutes is repealed.
SB21,4148
20Section
4148. 281.59 (3e) (d) of the statutes is amended to read:
SB21,1570,221
281.59
(3e) (d) The department may expend, for financial assistance in a
22biennium other than financial hardship assistance under s. 281.58 (13) (e), an
23amount up to 95 percent of the amount
approved by the legislature under par. (b) 24available to provide financial assistance for projects under this section for that
25biennium. The department may expend such amount only from the percentage of the
1amount
approved under par. (b) that is not available under par. (e) for financial
2hardship assistance.
SB21,4149
3Section
4149. 281.59 (3e) (e) of the statutes is amended to read: