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SB21,4039 24Section 4039. 252.12 (2) (c) 2. of the statutes is amended to read:
SB21,1531,8
1252.12 (2) (c) 2. From the appropriation account under s. 20.435 (1) (am), the
2department shall award $75,000 in each fiscal year as grants for services to prevent
3HIV infection and related infections, including hepatitis C virus infection. Criteria
4for award of the grants shall include the criteria specified under subd. 1. The
5department shall award 60% of the funding to applying organizations that receive
6funding under par. (a) 8. and 40% of the funding to applying community-based
7organizations that are operated by minority group members, as defined in s. 16.287
8203.07 (1) (f).
SB21,4040 9Section 4040. 252.18 of the statutes is renumbered 97.59 and amended to
10read:
SB21,1531,23 1197.59 Handling foods. No person in charge of any public eating place or other
12establishment where food products to be consumed by others are handled may
13knowingly employ any person handling food products who has a disease in a form
14that is communicable by food handling. If required by the local health officer or any
15officer of the department for the purposes of an investigation, any person who is
16employed in the handling of foods or is suspected of having a disease in a form that
17is communicable by food handling shall submit to an examination by the officer or
18by a physician, physician assistant, or advanced practice nurse prescriber
19designated by the officer. The expense of the examination, if any, shall be paid by the
20person examined. Any person knowingly infected with a disease in a form that is
21communicable by food handling who handles food products to be consumed by others
22and any persons knowingly employing or permitting such a person to handle food
23products to be consumed by others shall be punished as provided by s. 252.25 97.72.
SB21,4041 24Section 4041. 252.23 of the statutes is renumbered 463.10, and 463.10 (title),
25(2), (3) and (4) (a), as renumbered, are amended to read:
SB21,1532,1
1463.10 (title) Regulation of tattooists and tattooing establishments.
SB21,1532,7 2(2) Department; duty. Except as provided in ss. 250.041 and 252.241 463.14,
3the department shall provide uniform, statewide licensing and regulation of
4tattooists and uniform, statewide licensing and regulation of tattoo establishments
5under this section. The department shall inspect a tattoo establishment once before
6issuing a license for the tattoo establishment under this section and may make
7additional inspections that the department determines are necessary.
SB21,1532,14 8(3) License required. Except as provided in sub. (5), no person may tattoo or
9attempt to tattoo another, designate or represent himself or herself as a tattooist or
10use or assume the title "tattooist" and no tattoo establishment may be operated
11unless the person and the establishment are licensed by the department under this
12section or by a local health department that is designated as the department's agent
13under s. 252.245 463.16. Except as provided in s. 463.16, fees for licenses issued
14under this section shall be as determined under s. 440.03 (9)
.
SB21,1532,20 15(4) (a) Except as provided in ss. 250.041 and 252.241 s. 463.14 and subject to
16sub. (4m), standards and procedures, including fee payment to offset the cost of
17licensing tattooists and tattoo establishments,
for the annual issuance of licenses as
18tattooists or as tattoo establishments to applicants under this section. The
19department may not promulgate a rule that imposes a fee for a license under sub. (3)
20on an individual who is eligible for the veterans fee waiver program under s. 45.44.
SB21,4042 21Section 4042. 252.24 of the statutes is renumbered 463.12, and 463.12 (2), (3)
22and (4) (a), as renumbered, are amended to read:
SB21,1533,423 463.12 (2) Department; duty. Except as provided in ss. 250.041 and 252.241
24s. 463.14, the department shall provide uniform, statewide licensing and regulation
25of body piercers and uniform, statewide licensing and regulation of body-piercing

1establishments under this section. The department shall inspect a body-piercing
2establishment once before issuing a license for the body-piercing establishment
3under this section and may make additional inspections that the department
4determines are necessary.
SB21,1533,11 5(3) License required. Except as provided in sub. (5), no person may pierce the
6body of or attempt to pierce the body of another, designate or represent himself or
7herself as a body piercer or use or assume the title "body piercer" unless the person
8is licensed by the department under this section or by a local health department that
9is designated as the department's agent under s. 463.16. Except as provided in s.
10463.16, fees for licenses issued under this section shall be as determined under s.
11440.03 (9)
.
SB21,1533,18 12(4) (a) Except as provided in ss. 250.041 and 252.241 s. 463.14 and subject to
13sub. (4m), standards and procedures, including fee payment to offset the cost of
14licensing body piercers and body-piercing establishments,
for the annual issuance
15of licenses as body piercers or as body-piercing establishments to applicants under
16this section. The department may not promulgate a rule under which the
17department may charge an individual who is eligible for the veterans fee waiver
18program under s. 45.44 a fee to obtain a license under sub. (3).
SB21,4043 19Section 4043. 252.241 of the statutes is renumbered 463.14, and 463.14 (title),
20(1), (1m), (3), (4) and (5), as renumbered, are amended to read:
SB21,1534,3 21463.14 (title) Denial, nonrenewal and revocation of license or permit
22based on delinquent taxes or unemployment insurance contributions.
(1)
23Except as provided in sub. (1m), the department shall require each applicant to
24provide the department with the applicant's social security number, if the applicant
25is an individual, or the applicant's federal employer identification number, if the

1applicant is not an individual, as a condition of issuing or renewing a license under
2s. 252.23 (2) or (4) (a) or 252.24 (2) or (4) (a) 463.10 or 463.12, or a permit under s.
3463.25
.
SB21,1534,10 4(1m) If an individual who applies for or to renew a license or permit under sub.
5(1) does not have a social security number, the individual, as a condition of obtaining
6the license or permit, shall submit a statement made or subscribed under oath or
7affirmation to the department that the applicant does not have a social security
8number. The form of the statement shall be prescribed by the department of children
9and families. A license or permit issued or renewed in reliance upon a false
10statement submitted under this subsection is invalid.
SB21,1534,13 11(3) Except as provided in sub. (1m), the department shall deny an application
12for the issuance or renewal of a license or permit specified in sub. (1) if the applicant
13does not provide the information specified in sub. (1).
SB21,1534,17 14(4) The department shall deny an application for the issuance or renewal of a
15license or permit specified in sub. (1), or shall revoke the license or permit specified
16in sub. (1), if the department of revenue certifies under s. 73.0301 that the applicant
17for or holder of the license or permit is liable for delinquent taxes.
SB21,1534,22 18(5) The department shall deny an application for the issuance or renewal of a
19license or permit specified in sub. (1), or shall revoke the license or permit specified
20in sub. (1), if the department of workforce development certifies under s. 108.227 that
21the applicant for or holder of the license or permit is liable for delinquent
22unemployment insurance contributions.
SB21,4044 23Section 4044. 252.245 of the statutes is renumbered 463.16, and 463.16 (1),
24(2), (3), (4m), (5), (6), (8) and (9), as renumbered, are amended to read:
SB21,1535,19
1463.16 (1) In the administration and enforcement of ss. 252.23 and 252.24
2463.10 and 463.12, the department may enter into a written agreement with a local
3health department with a jurisdictional area that has a population greater than
45,000, which designates the local health department as the department's agent in
5issuing licenses to and making investigations or inspections of tattooists and tattoo
6establishments and body piercers and body-piercing establishments. In a
7jurisdictional area of a local health department without agent status, the
8department of health services financial institutions and professional standards may
9issue licenses, collect license fees established by rule under ss. 252.23 (4) (a) and
10252.24 (4) (a)
s. 440.03 (9) and make investigations or inspections of tattooists and
11tattoo establishments and body piercers and body-piercing establishments. If the
12department of financial institutions and professional standards designates a local
13health department as its agent, the department of financial institutions and
14professional standards
or local health department may require no license for the
15same operations other than the license issued by the local health department under
16this subsection. If the designation is made and the services are furnished, the
17department of financial institutions and professional standards shall reimburse the
18local health department furnishing the service at the rate of 80% of the net license
19fee per license per year issued in the jurisdictional area.
SB21,1536,2 20(2) A local health department designated as the department's agent under this
21section shall meet standards promulgated under ss. 252.23 463.10 (4) (a) and 252.24
22463.12 (4) (a). The department shall annually evaluate the licensing, investigation
23and inspection program of each local health department granted agent status. If, at
24any time, a local health department designated as the department's agent fails to

1meet the standards, the department of health services financial institutions and
2professional standards
may revoke its agent status.
SB21,1536,5 3(3) The department shall provide education and training to agents designated
4under this section to ensure uniformity in the enforcement of s. 252.23 463.10 or
5252.24 463.12 and rules promulgated under s. 252.23 463.10 or 252.24 463.12.
SB21,1536,12 6(4m) A local health department designated as the department's agent under
7this section may contract with the department of health services financial
8institutions and professional standards
for the department of health services
9financial institutions and professional standards to collect fees and issue licenses
10under s. 252.23 463.10 or 252.24 463.12. The department of financial institutions
11and professional standards
shall collect from the local health department the actual
12and reasonable cost of providing the services.
SB21,1536,20 13(5) If, under this section, a local health department becomes an agent or its
14agent status is discontinued during a licensee's license year, the department of
15health services financial institutions and professional standards and the local health
16department shall divide any license fee paid by the licensee for that license year
17according to the proportions of the license year occurring before and after the local
18health department is designated as an agent or the agent status is discontinued. No
19additional fee may be required during the license year due to the change in agent
20status.
SB21,1537,2 21(6) A village, city or county may enact ordinances and a local board of health
22may adopt regulations regarding the licensees and premises for which the local
23health department is the designated agent under this section, which are stricter than
24s. 252.23 463.10 or 252.24 463.12 or rules promulgated by the department of health

1services under s. 252.23 463.10 or 252.24 463.12. No such provision may conflict with
2s. 252.23 463.10 or 252.24 463.12 or with department rules.
SB21,1537,11 3(8) The department shall hold a hearing under ch. 227 if, in lieu of proceeding
4under ch. 68, any interested person in the jurisdictional area of a local health
5department that is designated as the department's agent under this section appeals
6to the department of health services financial institutions and professional
7standards
alleging that a license fee for a tattooist or tattooist establishment or for
8a body piercer or body-piercing establishment exceeds the license issuer's
9reasonable costs of issuing licenses to, making investigations and inspections of, and
10providing education, training and technical assistance to the tattooist or tattooist
11establishment or to the body piercer or body-piercing establishment.
SB21,1537,23 12(9) The department shall promulgate rules establishing state fees for its costs
13related to setting standards under ss. 252.23 463.10 and 252.24 463.12 and
14monitoring and evaluating the activities of, and providing education and training to,
15agent local health departments. The department may not promulgate a rule under
16which a local health department may charge an individual who is eligible for the
17veterans fee waiver program under s. 45.44 a state fee to obtain a license under s.
18252.23 463.10 (3) or 252.24 463.12 (3). Agent local health departments shall include
19the state fees in the license fees established under sub. (4), collect the state fees and
20reimburse the department for the state fees collected. For tattooists or tattoo
21establishments and for body piercers or body-piercing establishments, the state fee
22may not exceed 20% of the license fees established under s. 252.23 (4) (a) or 252.24
23(4) (a)
440.03 (9).
SB21,4045 24Section 4045. 254.02 (3) (a) of the statutes is amended to read:
SB21,1538,7
1254.02 (3) (a) The department of agriculture, trade and consumer protection,
2the department of corrections, the department of safety and professional services,
3and the department of natural resources shall enter into memoranda of
4understanding with the department to establish protocols for the department to
5review proposed rules of those state agencies relating to air and water quality,
6occupational health and safety, institutional sanitation, toxic substances, indoor air
7quality, food protection or waste handling and disposal.
SB21,4046 8Section 4046. 254.11 (13) of the statutes is amended to read:
SB21,1538,169 254.11 (13) "Third-party payer" means a disability insurance policy that is
10required to provide coverage for a blood lead test under s. 632.895 (10) (a); a health
11maintenance organization or preferred provider plan under ch. 609; a health care
12coverage plan offered by the state under s. 40.51 (6); a self-insured health plan
13offered by a city or village under s. 66.0137 (4), a political subdivision or technical
14college district
under s. 66.0137 (4m), a town under s. 60.23 (25), a county under s.
1559.52 (11) (c), or a school district under s. 120.13 (2) (b); or a health care plan operated
16by a cooperative association organized under s. 185.981.
SB21,4047 17Section 4047. 254.115 (1) (c) of the statutes is repealed.
SB21,4048 18Section 4048. 254.115 (1) (d) of the statutes is repealed.
SB21,4049 19Section 4049. 254.19 of the statutes is amended to read:
SB21,1538,22 20254.19 Asbestos testing fees. Notwithstanding s. 36.25 (11) (f) 250.08 (6), the
21state laboratory of hygiene board shall impose a fee sufficient to pay for any asbestos
22testing services which it provides.
SB21,4050 23Section 4050. 254.47 (title) of the statutes is renumbered 97.67 (title) and
24amended to read:
SB21,1538,25 2597.67 (title) Recreational permits licenses and fees.
SB21,4051
1Section 4051. 254.47 (1) of the statutes is renumbered 97.67 (1) and amended
2to read:
SB21,1539,103 97.67 (1) Except as provided in sub. (1g) and ss. 250.041 and 254.115 s. 93.135,
4the department or a local health department granted agent status under s. 254.69
5(2)
97.615 (2) shall issue permits licenses to and regulate campgrounds and camping
6resorts, recreational and educational camps and public swimming pools. No person
7or state or local government who has not been issued a permit license under this
8section may conduct, maintain, manage or operate a campground and camping
9resort, recreational camp and educational camp or public swimming pool, as defined
10by departmental rule.
SB21,4052 11Section 4052. 254.47 (1g) of the statutes is renumbered 97.67 (1g).
SB21,4053 12Section 4053. 254.47 (1m) of the statutes is renumbered 97.67 (1m) and
13amended to read:
SB21,1539,1914 97.67 (1m) The department or a local health department granted agent status
15under s. 254.69 97.615 (2) may not, without a preinspection pre-licensing inspection,
16grant a permit license to a person intending to operate a new public swimming pool,
17campground, or recreational or educational camp or to a person intending to be the
18new operator of an existing public swimming pool, campground, or recreational or
19educational camp.
SB21,4054 20Section 4054. 254.47 (2) of the statutes is renumbered 97.67 (2) and amended
21to read:
SB21,1540,222 97.67 (2) (a) A separate permit license is required for each campground,
23camping resort, recreational or educational camp, and public swimming pool. Except
24as provided in par. (b) or (c), no permit license issued under this section is

1transferable from one premises to another or from one person, state or local
2government to another.
SB21,1540,73 (b) A permit license issued under this section may be transferred from an
4individual to an immediate family member, as defined in s. 254.64 97.605 (4) (a) 2.,
5if the individual is transferring operation of the campground, camping resort,
6recreational or educational camp, or public swimming pool to the immediate family
7member.
SB21,1540,138 (c) A sole proprietorship that reorganizes as a business entity, as defined in s.
9179.70 (1), or a business entity that reorganizes as a sole proprietorship or a different
10type of business entity may transfer a permit license issued under this section for a
11campground, camping resort, recreational or educational camp, or public swimming
12pool to the newly formed business entity or sole proprietorship if all of the following
13conditions are satisfied:
SB21,1540,1614 1. The campground, camping resort, recreational or educational camp, or
15public swimming pool remains at the location for which the permit license was
16issued.
SB21,1540,1917 2. At least one individual who had an ownership interest in the sole
18proprietorship or business entity to which the permit license was issued has an
19ownership interest in the newly formed sole proprietorship or business entity.
SB21,4055 20Section 4055. 254.47 (2m) of the statutes is renumbered 97.67 (2m) and
21amended to read:
SB21,1541,322 97.67 (2m) Except as provided in ss. 250.041 and 254.115 s. 93.135, the initial
23issuance, renewal or continued validity of a permit license issued under this section
24may be conditioned upon the requirement that the permittee licensee correct a
25violation of this section, rules promulgated by the department under this section or

1ordinances adopted under s. 254.69 97.615 (2) (g), within a period of time that is
2specified. If the condition is not met within the specified period of time, the permit
3license is void.
SB21,4056 4Section 4056. 254.47 (3) of the statutes is repealed.
SB21,4057 5Section 4057. 254.47 (4) of the statutes is renumbered 97.67 (4) and amended
6to read:
SB21,1541,137 97.67 (4) Permits Licenses issued under this section expire on June 30, except
8that permits licenses initially issued during the period beginning on April 1 and
9ending on June 30 expire on June 30 of the following year. Except as provided in s.
10254.69 97.615 (2) (d) and (e), the department shall promulgate rules that establish,
11for permits licenses issued under this section, amounts of permit license fees,
12preinspection pre-licensing inspection fees, reinspection fees, fees for operating
13without a license, and late fees for untimely permit license renewal.
SB21,4058 14Section 4058. 254.47 (5) of the statutes is renumbered 97.67 (5) and amended
15to read:
SB21,1542,316 97.67 (5) No permit license may be issued under this section until all applicable
17fees have been paid. If the payment is by check or other draft drawn upon an account
18containing insufficient funds, the permit license applicant shall, within 15 days after
19receipt of notice from the department of the insufficiency, pay by cashier's check or
20other certified draft, money order or cash the fees from the department, late fees and
21processing charges that are specified by rules promulgated by the department. If the
22permit license applicant fails to pay all applicable fees, late fees and the processing
23charges within 15 days after the applicant receives notice of the insufficiency, the
24permit license is void. In an appeal concerning voiding of a permit license under this
25subsection, the burden is on the permit license applicant to show that the entire

1applicable fees, late fees and processing charges have been paid. During any appeal
2process concerning payment dispute, operation of the establishment in question is
3deemed considered to be operation without a permit license.
SB21,4059 4Section 4059. 254.47 (5m) of the statutes is renumbered 97.67 (5m).
SB21,4060 5Section 4060. 254.47 (6) of the statutes is renumbered 97.67 (6).
SB21,4061 6Section 4061. 254.47 (7) of the statutes is renumbered 97.67 (7) and amended
7to read:
SB21,1542,128 97.67 (7) The department may not require that a swimming pool be staffed by
9a lifeguard as a condition of receiving a permit license under this section if the
10swimming pool is less than 2,500 square feet, the swimming pool is located in a
11private club in the city of Milwaukee, and the club has a policy that prohibits a minor
12from using the swimming pool when not accompanied by an adult.
SB21,4062 13Section 4062. Subchapter VII (title) of chapter 254 [precedes 254.61] of the
14statutes is repealed.
SB21,4063 15Section 4063. 254.61 (title) of the statutes is repealed.
SB21,4064 16Section 4064. 254.61 (intro.) of the statutes is repealed.
SB21,4065 17Section 4065. 254.61 (1) of the statutes is renumbered 97.01 (1g).
SB21,4066 18Section 4066. 254.61 (2) of the statutes is repealed.
SB21,4067 19Section 4067. 254.61 (3) of the statutes is renumbered 97.01 (7).
SB21,4068 20Section 4068. 254.61 (3m) of the statutes is renumbered 97.01 (13g).
SB21,4069 21Section 4069. 254.61 (4) of the statutes is renumbered 97.01 (13r) and
22amended to read:
SB21,1543,223 97.01 (13r) "Public health and safety" means the highest degree of protection
24against infection, contagion or disease and freedom from the danger of fire or
25accident that can be reasonably maintained in the operation of a hotel, restaurant,

1tourist rooming house, bed and breakfast establishment, vending machine or
2vending machine commissary.
SB21,4070 3Section 4070. 254.61 (5) of the statutes is renumbered 97.01 (14g), and 97.01
4(14g) (intro.), as renumbered, is amended to read:
SB21,1543,115 97.01 (14g) (intro.) "Restaurant" means any building, room or place where
6meals are prepared or served or sold
at which the predominant activity is the
7preparation, service, or sale of meals
to transients or the general public, and
8including all places used in connection with it and includes including any public or
9private school lunchroom for which food service is provided by contract. "Meals" does
10not include soft drinks, ice cream, milk, milk drinks, ices and confections.
11"Restaurant" does not include:
SB21,4071 12Section 4071. 254.61 (5m) of the statutes is renumbered 97.01 (15b).
SB21,4072 13Section 4072. 254.61 (5r) of the statutes is renumbered 97.01 (15f).
SB21,4073 14Section 4073. 254.61 (6) of the statutes is renumbered 97.01 (15k).
SB21,4074 15Section 4074. 254.61 (7) of the statutes is renumbered 97.01 (15p).
SB21,4075 16Section 4075. 254.61 (8) of the statutes is renumbered 97.01 (15s) and
17amended to read:
SB21,1543,2318 97.01 (15s) "Vending machine commissary" means any building, room or place
19where the food, beverage, ingredients, containers, transport equipment or supplies
20for vending machines are kept, handled, prepared or stored by a vending machine
21operator. "Vending machine commissary" does not mean any place at which the
22operator is licensed to manufacture, distribute or sell food products under ch. 97 this
23chapter
.
SB21,4076 24Section 4076. 254.61 (9) of the statutes is renumbered 97.01 (15w).
SB21,4077 25Section 4077. 254.61 (10) of the statutes is renumbered 97.01 (15y).
SB21,4078
1Section 4078. 254.62 of the statutes is renumbered 97.60.
SB21,4079 2Section 4079. 254.63 of the statutes is renumbered 97.603.
SB21,4080 3Section 4080. 254.64 of the statutes is renumbered 97.605, and 97.605 (title),
4(1), (1m), (1p), (2), (3), (4) (b), (d) and (e) and (5), as renumbered, are amended to read:
SB21,1544,9 597.605 (title) Permit Lodging and vending licenses. (1) (a) No person may
6conduct, maintain, manage or operate a hotel, restaurant, temporary restaurant,
7tourist rooming house, vending machine commissary or vending machine if the
8person has not been issued an annual permit license by the department or by a local
9health department that is granted agent status under s. 254.69 97.615 (2).
SB21,1544,1210 (b) No person may maintain, manage or operate a bed and breakfast
11establishment for more than 10 nights in a year without having first obtained an
12annual permit license from the department.
SB21,1544,2513 (c) Except as provided in s. 250.041 93.135, no permit license may be issued
14under this section until all applicable fees have been paid. If the payment is by check
15or other draft drawn upon an account containing insufficient funds, the permit
16license applicant shall, within 15 days after receipt of notice from the department of
17the insufficiency, pay by cashier's check or other certified draft, money order or cash
18the fees, late fees and processing charges that are specified by rules promulgated by
19the department. If the permit license applicant fails to pay all applicable fees, late
20fees and processing charges within 15 days after the applicant receives notice of the
21insufficiency, the permit license is void. In an appeal concerning voiding of a permit
22license under this paragraph, the burden is on the permit license applicant to show
23that the entire applicable fees, late fees and processing charges have been paid.
24During any appeal process concerning payment dispute, operation of the
25establishment in question is deemed to be operation without a permit license.
SB21,1545,6
1(d) If a person or establishment otherwise licensed under ch. 97 this chapter
2is incidentally engaged in an activity for which a permit license is required under this
3section, the department may, by rule, exempt the person or establishment from the
4permit license requirement under this section. Rules under this paragraph shall
5conform to a memorandum of understanding between the department and the
6department of agriculture, trade and consumer protection.
SB21,1545,10 7(1m) No county, city, village or town may require any permit license of, or
8impose any permit license or inspection fee on, a vending machine operator, vending
9machine commissary or vending machine permitted licensed under this subchapter
10chapter.
SB21,1545,17 11(1p) Except as provided in s. 250.041 93.135, the department may condition the
12initial issuance, renewal or continued validity of a permit license issued under this
13section on correction by the permittee licensee of a violation of this subchapter, rules
14promulgated by the department under this subchapter or ordinances or regulations
15adopted under s. 254.69 97.615 (2) (g), within a specified period of time. If the
16permittee licensee fails to meet the condition within the specified period of time, the
17permit license is void.
SB21,1545,20 18(2) Except as provided in sub. (3), a separate permit license is required for each
19hotel, tourist rooming house, bed and breakfast establishment, or vending machine
20commissary
.
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