AB40: Bill Text

AB40,923,13 93.07 (3) Promotion of agriculture. To promote the interests of agriculture, dairying, horticulture, manufacturing, commercial fishing and the domestic arts and to advertise Wisconsin and its dairy, food, and agricultural products by conducting campaigns of education throughout the United States and in foreign markets. Such campaigns shall include the distribution of educational and advertising material concerning Wisconsin and its plant, animal, food, and dairy products. The department shall coordinate efforts by the state to advertise and promote agricultural products of this state, with the department of commerce Wisconsin Economic Development Corporation where appropriate. The department shall submit its request and plan for market development program expenditures for each biennium with its biennial budget request. The plan shall include the identification and priority of expenditures for each market development program activity.

AB40, s. 2294 Section 2294. 93.07 (18) (b) (intro.) of the statutes is amended to read:

AB40,923,18 93.07 (18) (b) (intro.) In consultation with the department of commerce Wisconsin Economic Development Corporation, to do all of the following for each economic development program administered by the department of agriculture, trade and consumer protection:

AB40, s. 2295 Section 2295. 93.07 (20) (title) of the statutes is amended to read:

AB40,923,21 93.07 (20) (title) Economic development assistance coordination and reporting.

AB40, s. 2296 Section 2296. 93.07 (20) of the statutes is renumbered 93.07 (20) (b) and amended to read:

AB40,924,6 93.07 (20) (b) Annually, no later than October 1, to submit to the joint legislative audit committee and to the appropriate standing committees of the legislature under s. 13.172 (3) a comprehensive report assessing economic development programs, as defined in sub. (18) (a), administered by the department. The report shall include all of the information required under s. 560.01 (2) (am) 238.07 (2). The department shall collaborate with the department of commerce Wisconsin Economic Development Corporation to make readily accessible to the public on an Internet-based system the information required under this subsection.

AB40, s. 2297 Section 2297. 93.07 (20) (a) of the statutes is created to read:

AB40,924,9 93.07 (20) (a) The department shall coordinate any economic development assistance with the Wisconsin Economic Development Corporation.

AB40, s. 2298 Section 2298. 93.07 (26) of the statutes is amended to read:

AB40,924,14 93.07 (26) Alternative fuel refueling facilities. To pursue in cooperation with the office of energy independence, the establishment and maintenance of sufficient alternative fuel refueling facilities at public retail outlets to meet the traveling needs of the public.

AB40, s. 2299 Section 2299. 93.33 (5) (intro.) of the statutes is amended to read:

AB40,925,3 93.33 (5) Annual report. (intro.) In September of each year, the council shall submit a report to the appropriate standing committees of the legislature as determined by the speaker of the assembly and the president of the senate, under s. 13.172 (3), the governor, the secretary of agriculture, trade and consumer protection, the state superintendent of public instruction, the secretary of workforce development, the secretary of natural resources, the secretary of commerce chief executive officer of the Wisconsin Economic Development Corporation, the president of the University of Wisconsin System, the director of the technical college system, the chancellor of the University of Wisconsin-Extension, the chancellor of the University of Wisconsin-Madison, the chancellor of the University of Wisconsin-Platteville, the chancellor of the University of Wisconsin-River Falls, and the chancellor of the University of Wisconsin-Stevens Point. The council shall include all of the following in the report:

AB40, s. 2300 Section 2300. 93.42 (1) (e) of the statutes is amended to read:

AB40,925,7 93.42 (1) (e) Cooperating with the department of commerce Wisconsin Economic Development Corporation in promoting the state's products through the state's foreign trade offices.

AB40, s. 2301 Section 2301. 93.42 (3) of the statutes is repealed.

AB40, s. 2302 Section 2302. 93.45 of the statutes is repealed.

AB40, s. 2303 Section 2303. 93.46 (1) (am) of the statutes is repealed.

AB40, s. 2304 Section 2304. 93.46 (2) (c) of the statutes is amended to read:

AB40,925,14 93.46 (2) (c) The department may not fund any project under this subsection if the proposed length of the project exceeds 3 years. The total funding to a single project under this subsection may not exceed $50,000 $100,000.

AB40, s. 2305 Section 2305. 93.46 (2) (d) of the statutes is repealed.

AB40, s. 2306 Section 2306. 93.48 of the statutes is repealed.

AB40, s. 2307 Section 2307. 93.73 of the statutes is repealed.

AB40, s. 2308 Section 2308. 93.80 of the statutes is amended to read:

AB40,925,22 93.80 Arsenic in wood. The department, jointly with the department of commerce safety and professional services, shall review scientific evidence to determine whether there is a substantial likelihood that wood treated with copper, chromium, and arsenic is harmful to the environment or to human health.

AB40, s. 2309 Section 2309. 96.01 (4m) of the statutes is amended to read:

AB40,926,3 96.01 (4m) "Bioenergy feedstock" has the meaning given in s. 16.954 (1) (b) means biomass used to produce energy, including transportation fuel, heat, or electricity.

AB40, s. 2310 Section 2310. 100.14 (2) of the statutes is amended to read:

AB40,926,9 100.14 (2) The secretary of state department of financial institutions shall, upon application of the department of agriculture, trade and consumer protection, record any such label or trademark under ss. 132.01 to 132.11. The department of agriculture, trade and consumer protection shall be entitled to protect such label or trademark under said sections and in any other manner authorized by law.

AB40, s. 2311 Section 2311. 100.20 (2) (c) of the statutes is created to read:

AB40,926,14 100.20 (2) (c) 1. Notwithstanding par. (a), beginning on the effective date of this subdivision .... [LRB inserts date], the department may not issue any order or promulgate any rule, or enforce any order or rule, that regulates unfair methods of competition or unfair trade practices relating to any of the following activities:

AB40,926,15 a. Remodeling or otherwise improving residential or noncommercial property.

AB40,926,16 b. Basement waterproofing.

AB40,926,17 c. Real estate advertising.

AB40,926,18 d. Renting of mobile home sites and sales of mobile homes.

AB40,926,19 e. Renting of residential dwelling units and mobile homes.

AB40,926,22 2. Beginning of the effective date of this subdivision .... [LRB inserts date], the department of safety and professional services may promulgate rules and issue orders regulating the unfair methods and practices described in subd. 1.

AB40,927,7 3. All rules promulgated by the department of agriculture, trade and consumer protection regulating the unfair methods or practices as described in subd. 1. that are in effect on the effective date of this subdivision .... [LRB inserts date], remain in effect until their specified expiration date or until amended or repealed by the department of safety and professional services. All orders issued by the department of agriculture, trade and consumer protection regulating the unfair methods or practices as described in subd. 1. that are in effect on the effective date of this subdivision .... [LRB inserts date], remain in effect until their specified expiration date or until modified or rescinded by the department of safety and professional services and shall be enforced by the department of safety and professional services.

AB40, s. 2312 Section 2312. 100.60 (1) (b) 2. of the statutes is amended to read:

AB40,927,13 100.60 (1) (b) 2. Any other fuel that can substitute for petroleum-based diesel fuel, that is derived from a renewable resource, that meets all of the applicable requirements of the American Society for Testing and Materials for that fuel, and that the department of commerce safety and professional services designates as a diesel-replacement renewable fuel under sub. (7) (a).

AB40, s. 2313 Section 2313. 100.60 (1) (c) 2. of the statutes is amended to read:

AB40,927,19 100.60 (1) (c) 2. Any other fuel that can substitute for gasoline, that is derived from a renewable resource, that meets all of the applicable requirements of the American Society for Testing and Materials for that fuel, and that the department of commerce safety and professional services designates as a gasoline-replacement renewable fuel under sub. (7) (b).

AB40, s. 2314 Section 2314. 100.60 (3) (a) of the statutes is amended to read:

AB40,927,25 100.60 (3) (a) Annually, beginning in 2011, the department, in cooperation with and with assistance from the department of commerce, safety and professional services and the department of revenue, and the office of energy independence, shall determine whether the annual goals for sales of renewable fuels in sub. (2) (b) and (c), for the previous year, were met in the state in that year.

AB40, s. 2315 Section 2315. 100.60 (6) (a) of the statutes is amended to read:

AB40,928,11 100.60 (6) (a) The department shall consult with the department of commerce, safety and professional services and the department of revenue, and the office of energy independence to determine if information necessary to make a determination under sub. (3) (a) or an assessment under sub. (4) is being collected by these agencies under laws in effect on June 2, 2010. If the information is not being collected, the department may request the department of commerce, safety and professional services and the department of revenue, or the office of energy independence to collect the information if collection by one of these agencies is more cost-effective for state government and less burdensome for the persons subject to the reporting requirements than collection of the information by the department.

AB40, s. 2316 Section 2316. 100.60 (7) (title) of the statutes is amended to read:

AB40,928,14 100.60 (7) (title) Department of commerce safety and professional services authority.

AB40, s. 2317 Section 2317. 100.60 (7) (a) of the statutes is amended to read:

AB40,928,20 100.60 (7) (a) The department of commerce safety and professional services may promulgate a rule designating a fuel that can substitute for petroleum-based diesel fuel, that is derived from a renewable resource, and that meets all of the applicable requirements of the American Society for Testing and Materials for that fuel as a diesel-replacement renewable fuel for the purposes of this section.

AB40, s. 2318 Section 2318. 100.60 (7) (b) of the statutes is amended to read:

AB40,929,2 100.60 (7) (b) The department of commerce safety and professional services may promulgate a rule designating a fuel that can substitute for gasoline, that is derived from a renewable resource, and that meets all of the applicable requirements of the American Society for Testing and Materials for that fuel as a gasoline-replacement renewable fuel for the purposes of this section.

AB40, s. 2319 Section 2319. Chapter 101 (title) of the statutes is amended to read:

AB40,929,4 CHAPTER 101

AB40,929,7 DEPARTMENT OF COMMERCE safety and professional services — regulation of industry, buildings and safety

AB40, s. 2320 Section 2320. 101.01 (1m) of the statutes is amended to read:

AB40,929,10 101.01 (1m) "Department" means the department of commerce safety and professional services.

AB40, s. 2321 Section 2321. 101.01 (14) of the statutes is amended to read:

AB40,929,13 101.01 (14) "Secretary" means the secretary of commerce safety and professional services.

AB40, s. 2322 Section 2322. 101.02 (18m) of the statutes is amended to read:

AB40,929,22 101.02 (18m) The department may perform, or contract for the performance of, testing of petroleum products other than testing provided under ch. 168. The department may establish a schedule of fees for such petroleum product testing services. The department shall credit all revenues received from fees established under this subsection to the appropriation account under s. 20.143 (3) 20.165 (2) (ga). Revenues from fees established under this subsection may be used by the department to pay for testing costs, including laboratory supplies and equipment amortization, for such products.

AB40, s. 2323 Section 2323. 101.02 (20) (a) of the statutes is amended to read:

AB40,930,5 101.02 (20) (a) For purposes of this subsection, "license" means a license, permit, or certificate of certification or registration issued by the department under ss. 101.09 (3) (c), 101.122 (2) (c), 101.136, 101.143 (2) (g), 101.147, 101.15 (2) (e), 101.16 (3g), 101.17, 101.177 (4) (a), 101.178 (2) or (3) (a), 101.63 (2) or (2m), 101.653, 101.73 (5) or (6), 101.82 (1m), (1v), and (2), 101.935, 101.95, 101.951, 101.952, 101.985 (1) to (3), 145.02 (4), 145.035, 145.045, 145.15, 145.16, 145.165, 145.17, 145.175, 145.18, or 167.10 (6m).

AB40, s. 2324 Section 2324. 101.02 (20) (b) of the statutes is amended to read:

AB40,930,16 101.02 (20) (b) Except as provided in par. (e), the department of commerce safety and professional services may not issue or renew a license unless each applicant who is an individual provides the department of commerce safety and professional services with his or her social security number and each applicant that is not an individual provides the department of commerce safety and professional services with its federal employer identification number. The department of commerce safety and professional services may not disclose the social security number or the federal employer identification number of an applicant for a license or license renewal except to the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

AB40, s. 2325 Section 2325. 101.02 (20) (c) of the statutes is amended to read:

AB40,930,20 101.02 (20) (c) The department of commerce safety and professional services may not issue or renew a license if the department of revenue certifies under s. 73.0301 that the applicant or licensee is liable for delinquent taxes.

AB40, s. 2326 Section 2326. 101.02 (20) (d) of the statutes is amended to read:

AB40,930,24 101.02 (20) (d) The department of commerce safety and professional services shall revoke a license if the department of revenue certifies under s. 73.0301 that the licensee is liable for delinquent taxes.

AB40, s. 2327 Section 2327. 101.02 (20) (e) 1. of the statutes is amended to read:

AB40,931,6 101.02 (20) (e) 1. If an applicant who is an individual does not have a social security number, the applicant, as a condition of applying for or applying to renew a license shall submit a statement made or subscribed under oath or affirmation to the department of commerce safety and professional services that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of children and families.

AB40, s. 2328 Section 2328. 101.02 (21) (a) of the statutes is amended to read:

AB40,931,14 101.02 (21) (a) In this subsection, "license" means a license, permit, or certificate of certification or registration issued by the department under s. 101.09 (3) (c), 101.122 (2) (c), 101.136, 101.143 (2) (g), 101.147, 101.15 (2) (e), 101.16 (3g), 101.17, 101.177 (4) (a), 101.178 (2) or (3) (a), 101.63 (2), 101.653, 101.73 (5) or (6), 101.82 (1m), (1v), and (2), 101.935, 101.95, 101.951, 101.952, 101.985 (1) to (3), 145.02 (4), 145.035, 145.045, 145.15, 145.16, 145.165, 145.17, 145.175, 145.18, or 167.10 (6m).

AB40, s. 2329 Section 2329. 101.02 (21) (b) of the statutes is amended to read:

AB40,931,24 101.02 (21) (b) As provided in the memorandum of understanding under s. 49.857 and except as provided in par. (e), the department of commerce safety and professional services may not issue or renew a license unless the applicant provides the department of commerce safety and professional services with his or her social security number. The department of commerce safety and professional services may not disclose the social security number except that the department of commerce safety and professional services may disclose the social security number of an applicant for a license under par. (a) or a renewal of a license under par. (a) to the department of children and families for the sole purpose of administering s. 49.22.

AB40, s. 2330 Section 2330. 101.02 (21) (e) 1. of the statutes is amended to read:

AB40,932,6 101.02 (21) (e) 1. If an applicant who is an individual does not have a social security number, the applicant, as a condition of applying for or applying to renew a license shall submit a statement made or subscribed under oath or affirmation to the department of commerce safety and professional services that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of children and families.

AB40, s. 2331 Section 2331. 101.1206 (title) of the statutes is created to read:

AB40,932,9 101.1206 (title) Erosion control; construction of public buildings and buildings that are places of employment.

AB40, s. 2332 Section 2332. 101.123 (2) (d) 4. of the statutes is amended to read:

AB40,932,13 101.123 (2) (d) 4. A location that is 25 feet or less from a residence hall or dormitory that is owned or operated by the Board of Regents of the University of Wisconsin System or Board of Trustees of the University of Wisconsin–Madison.

AB40, s. 2333 Section 2333. 101.136 of the statutes is repealed.

AB40, s. 2334 Section 2334. 101.14 (4) (b) 3. a. of the statutes is amended to read:

AB40,932,22 101.14 (4) (b) 3. a. Every residence hall and dormitory over 60 feet in height, the initial construction of which was begun before April 26, 2000, that is owned or operated by the board of regents Board of Regents of the University of Wisconsin System or the Board of Trustees of the University of Wisconsin–Madison to contain an automatic fire sprinkler system on each floor by January 1, 2006, except that those rules shall not apply to Ogg Residence Hall at the University of Wisconsin–Madison until January 1, 2008.

AB40, s. 2335 Section 2335. 101.14 (4) (b) 3. b. of the statutes is amended to read:

AB40,933,4 101.14 (4) (b) 3. b. Every residence hall and dormitory, the initial construction of which is begun on or after April 26, 2000, that is owned or operated by the board of regents Board of Regents of the University of Wisconsin System or the Board of Trustees of the University of Wisconsin–Madison to have an automatic fire sprinkler system installed on each floor at the time the residence hall or dormitory is constructed.