AB150: Bill Text

AB150,1452,12 138.12 (1) (c) "Licensee" means an insurance premium finance company holding a license issued by the commissioner department under this section.

AB150, s. 4177 Section 4177. 138.12 (2) (a) of the statutes is amended to read:

AB150,1452,22 138.12 (2) (a) Any insurance company or agent defined in s. 628.02, any savings and loan association, savings bank, sales finance company, motor vehicle instalment seller, bank, trust company, licensed lender or credit union authorized to do business in this state, but such organizations, if otherwise eligible, are exempt from the licensing under this section, but subs. (9) to (12) and any rules promulgated by the commissioner department pertaining to such subsections shall be applicable to all premium finance transactions entered into by such organizations in this state if an insurance policy or any rights thereunder is made the security or collateral for repayment of the debt.

AB150, s. 4178 Section 4178. 138.12 (3) (b) is amended to read:

AB150,1453,3 138.12 (3) (b) The annual license fee is $400 $500 and shall be paid to the commissioner. Licenses may be renewed May 1 of each year upon payment of the annual fee of $400.

AB150, s. 4179 Section 4179 . 138.12 (3) (b) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

AB150,1453,8 138.12 (3) (b) The annual license fee is $500 and shall be paid to the commissioner department. Licenses may be renewed May 1 of each year upon payment of the annual fee.

AB150, s. 4180 Section 4180. 138.12 (3) (c) of the statutes is amended to read:

AB150,1453,18 138.12 (3) (c) The person to whom the license or the renewal thereof is issued shall file sworn answers, subject to the penalties of perjury, to such interrogatories as the commissioner department requires. The commissioner department may, at any time, require the applicant fully to disclose the identity of all stockholders, partners, members, managers, officers and employes, and the commissioner department may refuse to issue or renew a license in the name of any person if the commissioner department is not satisfied that any officer, employe, stockholder, partner, member or manager thereof, who may materially influence the applicant's conduct, meets the standards of this section.

AB150, s. 4181 Section 4181. 138.12 (4) (a) of the statutes is amended to read:

AB150,1454,2 138.12 (4) (a) Upon the filing of an application and the payment of the license fee required fees under par. (am) 1., the commissioner shall make an investigation of each applicant and shall issue a license if the commissioner finds the applicant is qualified in accordance with this section. If the commissioner does not so find, the commissioner shall, within 30 days after the commissioner has received such the application, so notify the applicant and , at the request of the applicant, give the applicant a full hearing.

AB150, s. 4182 Section 4182 . 138.12 (4) (a) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

AB150,1454,11 138.12 (4) (a) Upon the filing of an application and the payment of the required fees under par. (am) 1., the commissioner department shall make an investigation of each applicant and shall issue a license if the commissioner department finds the applicant is qualified in accordance with this section. If the commissioner department does not so find, the commissioner department shall, within 30 days after the commissioner department has received the application, notify the applicant and, at the request of the applicant, give the applicant a full hearing.

AB150, s. 4183 Section 4183. 138.12 (4) (am) of the statutes is created to read:

AB150,1454,15 138.12 (4) (am) 1. An applicant shall pay to the commissioner a nonrefundable $300 license investigation fee and a $500 annual license fee for the period ending on the next April 30.

AB150,1454,18 2. If the cost of the investigation exceeds $300, the applicant shall, upon demand of the commissioner, pay the amount by which the cost of the investigation exceeds the nonrefundable fee.

AB150, s. 4184 Section 4184. 138.12 (4) (am) of the statutes, as created by 1995 Wisconsin Act .... (this act), is amended to read:

AB150,1454,23 138.12 (4) (am) 1. An applicant shall pay to the commissioner department a nonrefundable $300 license investigation fee and a $500 annual license fee for the period ending on the next April 30.

AB150,1455,3 2. If the cost of the investigation exceeds $300, the applicant shall, upon demand of the commissioner department, pay the amount by which the cost of the investigation exceeds the nonrefundable fee.

AB150, s. 4185 Section 4185. 138.12 (4) (b) (intro.) of the statutes is amended to read:

AB150,1455,6 138.12 (4) (b) (intro.) The commissioner department shall issue or renew a license when the commissioner department is satisfied that the person to be licensed:

AB150, s. 4186 Section 4186. 138.12 (5) (b) of the statutes is amended to read:

AB150,1455,20 138.12 (5) (b) Before the commissioner department revokes, suspends or refuses to renew the license of any premium finance company, the commissioner department shall give the company an opportunity to be fully heard and to introduce evidence in the company's behalf. In lieu of revoking or suspending the license for any of the causes enumerated in this subsection, after hearing, the commissioner department may subject the premium finance company to a penalty of not more than $200 for each offense when in the commissioner's department's judgment the commissioner department finds that the public interest would not be harmed by the continued operation of such company. The amount of any penalty under this paragraph shall be paid by the company to the commissioner department for the use of the state. At any hearing under this subsection, the commissioner department may administer oaths to witnesses. Anyone testifying falsely, after having been administered the oath, shall be subject to the penalty of perjury.

AB150, s. 4187 Section 4187. 138.12 (5) (c) of the statutes is amended to read:

AB150,1455,23 138.12 (5) (c) Any action of the commissioner department in refusing to issue or renew a license shall be subject to review under subch. III of ch. 227.

AB150, s. 4188 Section 4188. 138.12 (6) (a) of the statutes is amended to read:

AB150,1456,9 138.12 (6) (a) Every licensee shall maintain records of its premium finance transactions and the records shall be open to an examination and investigation by the commissioner department. The commissioner department may make an examination of the books, records and accounts of any licensee as the commissioner department deems necessary. The commissioner department shall determine the cost of an examination and that cost shall be assessed against and paid by the licensee so examined. The commissioner department may, at any time, require any licensee to bring such records as the commissioner department directs to the commissioner's office department for examination.

AB150, s. 4189 Section 4189. 138.12 (7) of the statutes is amended to read:

AB150,1456,13 138.12 (7) Rules and regulations. The commissioner department may make and enforce such reasonable rules as are necessary to carry out this section, but such rules shall not be contrary to nor inconsistent with this section.

AB150, s. 4190 Section 4190. 139.05 (7) (b) of the statutes is amended to read:

AB150,1457,3 139.05 (7) (b) Such license shall be issued by the secretary for the period of one year and must be renewed annually or, if the department promulgates a rule, for a term prescribed by the secretary by that rule. The application for such license shall be verified and shall contain an agreement on the part of the brewer that the brewer shall observe all laws of this state relating to fermented malt beverages, and such other information and statements as the secretary may require. Any such brewer who has, directly or indirectly, violated any law of this state relating to fermented malt beverages shall not be entitled to such a license. No fee shall be required for any such license The secretary, by rule, may prescribe the fee for obtaining, and the fee for renewing, the license under this section. The secretary may require the applicant to furnish and file a bond to be approved by the secretary payable to the state in an amount not less than $1,000 nor more than $5,000 conditioned upon the faithful compliance by the applicant with the undertakings set forth in the application for the license.

AB150, s. 4191 Section 4191. 139.34 (2) of the statutes is repealed and recreated to read:

AB150,1457,6 139.34 (2) The department, by rule, may prescribe the term for which permits under this section are valid.

AB150, s. 4192 Section 4192. 139.34 (3) of the statutes is repealed and recreated to read:

AB150,1457,9 139.34 (3) The department, by rule, may prescribe the fee for obtaining, and the fee for renewing, the permit under this section.

AB150, s. 4193 Section 4193. 139.34 (9) of the statutes is amended to read:

AB150,1457,25 139.34 (9) The applicant for a permit, if a nonresident, foreign corporation or foreign limited liability company, shall file proof that the applicant has appointed the secretary of state department of revenue as agent for the service of process on any matter arising under ss. 139.30 to 139.44. A foreign corporation without a place of business in this state need not obtain a certificate of authority under ss. 180.1501 to 180.1505. If a foreign corporation has a certificate of authority under ss. 180.1501 to 180.1505, the foreign corporation satisfies this subsection by filing the address of its registered office in this state and the name of its registered agent at that office and by promptly filing any changes to this information. A foreign limited liability company without a place of business in this state need not obtain a certificate of registration under ss. 183.1002 to 183.1007. If a foreign limited liability company has a certificate of registration under ss. 183.1002 to 183.1007, the foreign limited liability company satisfies this subsection by filing the address of its registered office in this state and the name of its registered agent at that office and by promptly filing any changes to this information.

AB150, s. 4194 Section 4194. 139.37 (1) (a) of the statutes is amended to read:

AB150,1458,15 139.37 (1) (a) No person shall sell or take orders for cigarettes for resale in this state for any manufacturer or permittee without first obtaining a salesperson's permit from the department of revenue. No manufacturer or permittee shall authorize any person to sell or take orders for cigarettes in this state without first having such person secure a salesperson's permit. The fee for such permit is $2 or, if the department promulgates a rule, an amount prescribed by the department by that rule. The department, by rule, may prescribe the term for which a permit under this subsection is valid. Each application for a permit shall disclose the name and address of the employer and such permit shall remain effective only while the salesperson represents such named employer. If such salesperson is thereafter employed by another manufacturer or permittee the salesperson shall obtain a new salesperson's permit. Each manufacturer and permittee shall notify the department within 10 days after the resignation or dismissal of any such salesperson holding a permit.

AB150, s. 4195 Section 4195. 139.39 (4) of the statutes is amended to read:

AB150,1458,25 139.39 (4) No suit shall be maintained in any court to restrain or delay the collection or payment of the tax levied in s. 139.31. The aggrieved taxpayer shall pay the tax when due and, if paid under protest, may at any time within 90 days from the date of payment, sue the state to recover the tax paid. If it is finally determined that any part of the tax was wrongfully collected, the department secretary of administration shall issue a warrant on the state treasurer for the amount wrongfully collected, and the treasurer shall pay the same out of the general fund. A separate suit need not be filed for each separate payment made by any taxpayer, but a recovery may be had in one suit for as many payments as may have been made.

AB150, s. 4196 Section 4196. Chapter 142 (title) of the statutes is repealed.

AB150, s. 4197 Section 4197. 142.07 (title) of the statutes is renumbered 233.40 (title) and amended to read:

AB150,1459,4 233.40 (title) Hospital Hospitals charges.

AB150, s. 4198 Section 4198. 142.07 (1) of the statutes is renumbered 233.40 (1) and amended to read:

AB150,1459,9 233.40 (1) Rates. The university of Wisconsin hospital and clinics University of Wisconsin Hospitals and Clinics shall treat patients so admitted at rates computed in the following manner:

AB150,1459,15 (a) Room rate. The superintendent chief executive officer shall establish with the approval of the board of regents directors a schedule of room rates for patients which may be adjusted by the superintendent chief executive officer with the approval of the board of regents directors to meet changes in the cost of operation. As used in this section "room rates" includes the charges for meals and for ordinary nursing care.

AB150,1459,19 (c) Ancillary services. All services provided except those covered by the room rate shall be charged for in accordance with a schedule established and maintained for public inspection by the university of Wisconsin hospital and clinics University of Wisconsin Hospitals and Clinics Authority.

AB150, s. 4199 Section 4199. 142.07 (3) of the statutes is renumbered 233.40 (3) and amended to read:

AB150,1459,25 233.40 (3) Indian children. Indian children whose hospital care is to be paid from funds granted the office of Indian affairs, U.S. department of interior, shall be admitted to the university of Wisconsin hospital and clinics University of Wisconsin Hospitals and Clinics at the rates established under sub. (1).

AB150, s. 4200 Section 4200 . 142.07 (4) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 233.40 (4) and amended to read:

AB150,1460,6 233.40 (4) Additional charges forbidden. The university of Wisconsin hospital and clinics University of Wisconsin Hospitals and Clinics Authority may not charge any compensation other than the amount provided by the board of regents of the university of Wisconsin system directors for any of the following patients:

AB150,1460,8 (c) Any child referred to the hospital or its hospitals or their clinics by the children's consultation service of a mental health institute under s. 46.041.

AB150,1460,10 (d) Any pupil referred to the hospital or its hospitals or their clinics by the state superintendent of public instruction department of education under s. 115.53 (4).

AB150,1460,12 (e) Any American Indian child admitted to the hospitals whose care is being paid under sub. (3).

****Note: This is reconciled s. 142.07 (4). This Section has been affected by drafts with the following LRB numbers: LRB-0707, LRB-1701 and LRB-2017.

AB150, s. 4201 Section 4201. 142.07 (4) (a) of the statutes is repealed.

AB150, s. 4202 Section 4202. 142.09 of the statutes is renumbered 233.41 and amended to read:

AB150,1460,22 233.41 Soldiers preferred patients. In admitting patients to the hospital University of Wisconsin Hospitals and Clinics, preference shall be given to honorably discharged veterans of any of the wars of the United States or who is otherwise eligible for benefits from the department of veterans affairs. Preference is hereby defined to mean that whenever the superintendent chief executive officer of the hospital authority is notified that the applicant is such a veteran, such veteran shall be the next person so admitted to the hospital, except in case of an emergency.

AB150, s. 4203 Section 4203. 142.11 of the statutes is renumbered 233.42 and amended to read:

AB150,1461,4 233.42 Subject to ch. 150. The university of Wisconsin hospital and clinics University of Wisconsin Hospitals and Clinics is subject to ch. 150.

AB150, s. 4204 Section 4204. 144.01 (13) of the statutes is amended to read:

AB150,1461,9 144.01 (13) "Sewage" means the water carried wastes created in and to be conducted away from residences, industrial establishments, and public buildings as defined in s. 101.01 (2) (12), with such surface water or groundwater as may be present.

AB150, s. 4205 Section 4205. 144.025 (2) (m) of the statutes is amended to read:

AB150,1461,12 144.025 (2) (m) Orders issued by the department shall be signed by the person designated by the board secretary.

AB150, s. 4206 Section 4206. 144.0252 of the statutes is created to read:

AB150,1461,18 144.0252 Fees for water quality determinations for wetlands. (1) Amount of fees. The department shall charge a fee for determining whether a project complies with the standards of water quality promulgated by rule under s.144.025 (2) (b) that are applicable to wetlands. The fee for each project shall be $100.

AB150,1461,22 (2) Adjustments in fees. (a) The department shall refund the fee if the applicant requests a refund before the department determines that the application for the determination is complete. The department may not refund a fee after the department determines that the application is complete.

AB150,1461,25 (b) If the applicant applies for a permit after the project is begun or after it is completed, the department shall charge an amount equal to twice the amount of the fee that it would have charged under this section.

AB150,1462,3 (c) If more than one fee under this section or s. 30.28 (2) (a) or (b) or 31.39 (2) (a) is applicable to a project, the department shall charge only the highest fee of those that are applicable.

AB150,1462,4 (d) The department, by rule, may increase the fee specified in sub. (1).

AB150,1462,6 (3) Exemptions. This section does not apply to any federal agency or state agency.

AB150, s. 4207 Section 4207. 144.026 (8) (intro.) of the statutes is amended to read:

AB150,1462,13 144.026 (8) Preparation of water quantity resources plan. (intro.) The natural resources board shall, before August 1, 1988, adopt and submit to the chief clerk of each house of the legislature, for distribution to the legislature under s. 13.172 (2), department shall have a long-term state water quantity resources plan for the protection, conservation and management of the waters of the state. The plan shall include, but need not be limited to, the following:

AB150, s. 4208 Section 4208. 144.027 (4) (b) 3. of the statutes is amended to read:

AB150,1462,15 144.027 (4) (b) 3. An authority created under ch. 231, 233 or 234.

AB150, s. 4209 Section 4209. 144.027 (5) (f) of the statutes is amended to read:

AB150,1462,22 144.027 (5) (f) The department shall allocate money for the payment of claims according to the order in which completed claims are received. The department may conditionally approve a completed claim even if the appropriation under s. 20.370 (4) (cv) (6) (cr) is insufficient to pay the claim. The department shall allocate money for the payment of a claim which is conditionally approved as soon as funds become available.

AB150, s. 4210 Section 4210. 144.027 (18) of the statutes is amended to read:

AB150,1463,5 144.027 (18) Suspension or revocation of licenses. The department may suspend or revoke a license issued under ch. 162 if the department finds that the licensee falsified information submitted under this section. The department of industry, labor and human relations development may suspend or revoke the license of a plumber licensed under ch. 145 if the department of industry, labor and human relations development finds that the plumber falsified information submitted under this section.

AB150, s. 4211 Section 4211. 144.03 (1) of the statutes is amended to read:

AB150,1463,16 144.03 (1) Every owner of an industrial establishment shall furnish to the department all information required by it in the discharge of its duties under s. 144.025 (2). Any member of the natural resources board or any Any employe of the department may enter any industrial establishment for the purpose of collecting such this information, and no owner of an industrial establishment shall may refuse to admit such member or an employe of the department. The department shall make such these inspections at frequent intervals. The secretary and all members of the board shall have power may, for all purposes falling within the department's jurisdiction to, administer oaths, issue subpoenas, compel the attendance of witnesses and compel the production of necessary or essential data.

AB150, s. 4212 Section 4212. 144.04 (1) of the statutes is amended to read:

AB150,1465,2 144.04 (1) Except as provided under sub. (2), every owner within the time prescribed by the department, shall file with the department a certified copy of complete plans of a proposed system or plant or extension thereof, in scope and detail satisfactory to the department, and, if required, of existing systems or plants, and such other information concerning maintenance, operation and other details as the department requires, including the information specified under s. 144.026 (5) (a), if applicable. Material changes with a statement of the reasons shall be likewise submitted. Before plans are drawn a statement concerning the improvement may be made to the department and the department may, if requested, outline generally what it will require. Upon receipt of such plans for approval, the department or its duly authorized representative shall notify the owner of the date of receipt. Within 90 days from the time of receipt of complete plans or within the time specified in s. 144.026 (5) (c), if applicable, the department or its authorized representative shall examine and take action to approve, approve conditionally or reject the plans and shall state in writing any conditions of approval or reasons for rejection. Approval or disapproval of such plans and specifications shall not be contingent upon eligibility of such project for federal aid. The time period for review may be extended by agreement with the owner if the plans and specifications cannot be reviewed within the specified time limitation due to circumstances beyond the control of the department or in the case of extensive installation involving expenditures of $350,000 $1,000,000 or more. The extension shall not exceed 6 months. Failure of the department or its authorized representative to act before the expiration of the time period allowed for review shall constitute an approval of the plans, and upon demand a written certificate of approval shall be issued. Approval may be subject to modification by the department upon due notice. Construction or material change shall be according to approved plans only. The department may disapprove plans which are not in conformance with any existing approved areawide waste treatment management plan prepared pursuant to the federal water pollution control act, P.L. 92-500, as amended, and shall disapprove plans that do not meet the grounds for approval specified under s. 144.026 (5) (d), if applicable. The department shall require each person whose plans are approved under this section to report that person's volume and rate of water withdrawal, as defined under s. 144.026 (1) (m), and that person's volume and rate of water loss, as defined under s. 144.026 (1) (L), if any, in the form and at the times specified by the department.

AB150, s. 4213 Section 4213. 144.21 (6) (b) 1. of the statutes is amended to read:

AB150,1465,11 144.21 (6) (b) 1. These payments shall may not exceed 50% of the approved project in conjunction with the state program of advancement in anticipation of federal reimbursement under sub. (2). To provide for the financing of pollution prevention and abatement facilities, the natural resources board secretary, with the approval of the governor, subject to the limits of s. 20.866 (2) (tm) may direct that state debt be contracted as set forth in subd. 2. and subject to the limits set therein. Said The debts shall be contracted for in the manner and form as that the legislature hereafter prescribes.