Amendment AA1-ASA1-AB100

AB100-ASA1-AA1,307,8 " Section 3117w. 166.22 (3m) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

AB100-ASA1-AA1,307,18 166.22 (3m) The division shall reimburse a local emergency response team for costs incurred by the team in responding to a hazardous substance discharge under sub. (3). Reimbursement under this subsection is limited to the amount appropriated under s. 20.465 (3) (dr). Reimbursement is available under s. 20.465 (3) (dr) only if the local emergency response team has made a good faith effort to identify the person responsible under sub. (4) and that person cannot be identified, or, if that person is identified, the team has received reimbursement from that person to the extent that the person is financially able or has determined that the person does not have adequate money or other resources to reimburse the local emergency response team.".

AB100-ASA1-AA1,307,19 914. Page 1381, line 13: after that line insert:

AB100-ASA1-AA1,307,20 " Section 3121c. 168.12 (7) of the statutes is amended to read:

AB100-ASA1-AA1,308,4 168.12 (7) No person may ship petroleum products into this state unless that person has a valid certificate under s. 73.03 (50) and either has a license under s. 78.09 or obtains a petroleum products shipper license from the department of revenue by filing with that department an application prescribed and furnished by that department and verified by the owner of the business if the owner is an individual, by a member if the owner is an unincorporated association, by a partner if the owner is a partnership or by the president and secretary if the owner is a corporation.".

AB100-ASA1-AA1,308,5 915. Page 1400, line 3: delete lines 3 to 15 and substitute:

AB100-ASA1-AA1,308,7 " Section 3133c. 185.981 (4t) of the statutes, as affected by 1995 Wisconsin Act 289, is amended to read:

AB100-ASA1-AA1,308,10 185.981 (4t) A sickness care plan operated by a cooperative association is subject to ss. 252.14, 631.89, 632.72 (2), 632.745, 632.747, to 632.749, 632.87 (2m), (3), (4) and (5), 632.895 (10) and 632.897 (10) and ch. 155.

AB100-ASA1-AA1, s. 3133m Section 3133m. 185.981 (4t) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:

AB100-ASA1-AA1,308,15 185.981 (4t) A sickness care plan operated by a cooperative association is subject to ss. 252.14, 631.89, 632.72 (2), 632.745 to 632.749, 632.87 (2m), (3), (4) and (5), 632.895 (10) to (13) and 632.897 (10) and ch. chs. 149 and 155.

AB100-ASA1-AA1, s. 3134c Section 3134c. 185.983 (1) (intro.) of the statutes, as affected by 1995 Wisconsin Act 289, is amended to read:

AB100-ASA1-AA1,308,23 185.983 (1) (intro.)  Every such voluntary nonprofit sickness care plan shall be exempt from chs. 600 to 646, with the exception of ss. 601.04, 601.13, 601.31, 601.41, 601.42, 601.43, 601.44, 601.45, 611.67, 619.04, 628.34 (10), 631.89, 631.93, 632.72 (2), 632.745, 632.747, to 632.749, 632.775, 632.79, 632.795, 632.87 (2m), (3), (4) and (5), 632.895 (5), (9) and (10), 632.896 and 632.897 (10), subch. II of ch. 619 and chs. 609, 630, 635, 645 and 646, but the sponsoring association shall:

AB100-ASA1-AA1, s. 3134mi Section 3134mi. 185.983 (1) (intro.) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:

AB100-ASA1-AA1,309,8 185.983 (1) (intro.)  Every such voluntary nonprofit sickness care plan shall be exempt from chs. 600 to 646, with the exception of ss. 601.04, 601.13, 601.31, 601.41, 601.42, 601.43, 601.44, 601.45, 611.67, 619.04, 628.34 (10), 631.89, 631.93, 632.72 (2), 632.745 to 632.749, 632.775, 632.79, 632.795, 632.87 (2m), (3), (4) and (5), 632.895 (5), (9) and (10) and (9) to (13), 632.896 and 632.897 (10), subch. II of ch. 619 and chs. 609, 630, 635, 645 and 646, but the sponsoring association shall:".

AB100-ASA1-AA1,309,9 916. Page 1400, line 15: after that line insert:

AB100-ASA1-AA1,309,10 " Section 3134m. 196.04 (4) of the statutes is amended to read:

AB100-ASA1-AA1,309,24 196.04 (4) If the parties cannot agree and the commission finds that public convenience and necessity or the rendition of reasonably adequate service to the public requires that a public utility or, telecommunications provider or cable operator, as defined in s. 66.082 (2) (b), be permitted to extend its lines on, over or under the right-of-way of any railroad, or requires that the tracks of any railroad be extended on, over or under the right-of-way of any public utility or, telecommunications provider or cable operator, the commission may order the extension by the public utility, telecommunications provider, cable operator or railroad on, over or under the right-of-way of the other if it will not materially impair the ability of the railroad, telecommunications provider, cable operator or public utility, on, over or under whose right-of-way the extension would be made, to serve the public. The commission shall prescribe lawful conditions and compensation which the commission deems equitable and reasonable in light of all the circumstances.".

AB100-ASA1-AA1,310,1 917. Page 1404, line 3: after that line insert:

AB100-ASA1-AA1,310,2 "2m. "Private school" has the meaning given in s. 115.001 (3r).".

AB100-ASA1-AA1,310,3 918. Page 1404, line 7: after "school districts," insert "private schools,".

AB100-ASA1-AA1,310,5 919. Page 1404, line 10: on lines 10, 17 and 24, after "school district," insert "private school,".

AB100-ASA1-AA1,310,7 920. Page 1405, line 1: on lines 1 and 3, after "school district," insert "private school,".

AB100-ASA1-AA1,310,10 921. Page 1405, line 4: after "(b)" insert ", except that the charge may not exceed $100 per month for each data line or video link that relies on a transport medium that operates at a speed of 1.544 megabits per second".

AB100-ASA1-AA1,310,11 922. Page 1405, line 13: after "districts," insert "private schools,".

AB100-ASA1-AA1,310,13 923. Page 1408, line 4: after "person" insert "shows to the satisfaction of the commission that the person".

AB100-ASA1-AA1,310,14 924. Page 1409, line 4: after that line insert:

AB100-ASA1-AA1,310,15 " Section 3158g. 196.85 (1m) of the statutes is renumbered 196.85 (1m) (a).

AB100-ASA1-AA1, s. 3158r Section 3158r. 196.85 (1m) (b) of the statutes is created to read:

AB100-ASA1-AA1,310,19 196.85 (1m) (b) For the purpose of direct assessment under sub. (1) of expenses incurred by the commission in connection with its activities under s. 196.04 (4), the term "public utility" includes a cable operator, as defined in s. 66.082 (2) (b).".

AB100-ASA1-AA1,310,20 925. Page 1409, line 16: after that line insert:

AB100-ASA1-AA1,310,21 " Section 5161m. 197.04 (1) and (2) of the statutes are amended to read:

AB100-ASA1-AA1,311,20 197.04 (1) Any municipality having determined to acquire an existing plant or any part of the equipment of a public utility may discontinue all proceedings to that end at any time within 90 days after the final determination of compensation by the commission, by a vote of the electors as herein provided, or by a resolution to that effect by its municipal council, provided that such resolution shall not be of force and effect until 90 days after its passage and publication. If within either of said 90-day periods a petition conforming to the requirements of s. 8.40 shall be filed with the clerk of such municipality, in a city of the first class signed by 5% and in all other municipalities by 10% of the electors thereof, requesting that the question of discontinuing said proceeding to acquire such plant or equipment be submitted to the electors, such question shall be submitted to the said electors at any general or regular municipal the succeeding election authorized under s. 8.065 (2) or an election authorized under s. 8.065 (3) that may be is held not less than 30, and not more than 35, days from the date of the filing of the petition ; and if no general election or regular municipal election is to be held within the stated periods, then the governing body of the municipality shall order the holding of a special election for the purpose of submitting to the electors in case. If the petition is filed before the adoption of such resolution the question submitted shall be whether said proceedings shall be discontinued, and in case if the petition is filed after the adoption of said resolution the question submitted shall be whether the aforesaid resolution shall remain in effect and its adoption be ratified, and such resolution shall not have force or effect unless a majority of the electors voting on such question shall be in favor thereof.

AB100-ASA1-AA1,312,4 (2) The municipal council may provide for the notice, the manner of holding such election and the method of voting thereon and of making returns thereof and the canvassing and determining of the result thereof; provided, that notice of the submission of the question contemplated herein to the electors shall be given by a brief notice of that fact once a week for three weeks in some newspaper of general circulation published in the municipality, and if there be no such newspaper then publication may be made in any newspaper of general circulation in the county seat of the county wherein the municipality is located. The notice of holding any special election shall be incorporated as a part of the aforesaid notice.

AB100-ASA1-AA1, s. 3161p Section 3161p. 197.10 (2) of the statutes is amended to read:

AB100-ASA1-AA1,312,17 197.10 (2) Such contract when adopted by the common council of said city and accepted by the owner or owners of such public utility shall be submitted to the public service commission for its approval and upon such approval the same shall be submitted in such manner as the common council shall determine to a vote of the electors of such city at the next regular municipal election or at a special election called for that purpose authorized under s. 8.065 (2) or an election authorized under s. 8.065 (3) to be held not sooner than 45 days after approval of the commission, and such contract shall not become binding upon such city until approved by a majority vote of the qualified electors of such city voting thereon. No bonds shall in any case be issued by said city under the contract or contracts mentioned in sub. (1), until the proposition of their issue shall have been submitted to the people of such city and adopted by a majority of the electors voting thereon.".

AB100-ASA1-AA1,312,18 926. Page 1410, line 2: after that line insert:

AB100-ASA1-AA1,312,19 " Section 3165m. 198.19 (1) of the statutes is amended to read:

AB100-ASA1-AA1,313,10 198.19 (1) Any territory, constituting one or more municipalities contiguous to a district may be annexed to and become a part of such district to all intents and purposes and with like effect as though originally included therein upon such terms and conditions as the board of directors of the district shall fix by ordinance adopted by the affirmative vote of two-thirds of the directors-elect, provided that before such ordinance becomes effective the same shall be accepted and ratified by the affirmative vote of a majority of the qualified electors entitled to vote and voting in a special election referendum called and held for that purpose, in accordance with s. 8.065, in each municipality proposed in such ordinance to be annexed to the district. Such ordinance shall be published and such election shall be noticed, held and conducted, as nearly as may be, in the manner provided by this chapter for the noticing, holding and conduct of elections upon the organization of a municipal power district, except that the returns of such election and the ballots therein shall be delivered to the clerk of the district. The results of said election shall be canvassed publicly by the directors of the district.".

AB100-ASA1-AA1,313,11 927. Page 1411, line 2: after that line insert:

AB100-ASA1-AA1,313,12 " Section 3183g. 217.13 of the statutes is amended to read:

AB100-ASA1-AA1,313,14 217.13 (title) Other statutes statute applicable. Sections 220.037 and Section 220.06 apply applies to this chapter.

AB100-ASA1-AA1, s. 3183r Section 3183r. 218.01 (3) (g) of the statutes is amended to read:

AB100-ASA1-AA1,313,19 218.01 (3) (g) Any person in interest aggrieved by a decision of the division of hearings and appeals or an order of the division of banking may have a review thereof as provided in ch. 227 or aggrieved by an order of the division of banking may have a review thereof as provided in s. 220.037.".

AB100-ASA1-AA1,313,20 928. Page 1411, line 12: after that line insert:

AB100-ASA1-AA1,313,21 " Section 3200b. 218.02 (9) (a) of the statutes is amended to read:

AB100-ASA1-AA1,314,2 218.02 (9) (a) The division may make such rules and require such reports as the division deems necessary for the enforcement of this section. Sections 217.17, 217.18 and 217.21 (1) and (2) apply to and are available for the purposes of this section. Orders of the division under this section are subject to review by the consumer credit review board under s. 220.037.

AB100-ASA1-AA1, s. 3209b Section 3209b. 218.04 (9) of the statutes is repealed.

AB100-ASA1-AA1, s. 3220b Section 3220b. 218.05 (13) of the statutes is repealed.".

AB100-ASA1-AA1,314,5 929. Page 1412, line 2: after that line insert:

AB100-ASA1-AA1,314,6 " Section 3254eb. 220.02 (5) of the statutes is amended to read:

AB100-ASA1-AA1,314,13 220.02 (5) Except as otherwise provided in s. 220.037 for acts and decisions of the division under chs. 138, 217 and 218, any interested person or any bank or banking corporation aggrieved by an act, order or determination of the division may, within 10 days from the date thereof, apply to the banking review board to review the same. All such applications for review shall be considered and disposed of as speedily as possible. The banking review board may require the division to submit any of the division's actions subject to such review to said board for its approval.

AB100-ASA1-AA1, s. 3254ec Section 3254ec. 220.035 (1) (a) of the statutes is amended to read:

AB100-ASA1-AA1,314,22 220.035 (1) (a) The banking review board shall advise the division and others in respect to improvement in the condition and service of banks and banking business in this state and shall review the acts and decisions of the division with respect to banks, except for such acts and decisions subject to review under s. 220.037 of the division under chs. 138, 217 and 218, and shall perform such other review functions in relation to banking as are provided by law. The banking review board may require the division to submit any of the division's actions to it for its approval. The board may make rules of procedure as provided in ch. 227.

AB100-ASA1-AA1, s. 3254ed Section 3254ed. 220.037 of the statutes is repealed.".

AB100-ASA1-AA1,314,24 930. Page 1416, line 19: after that line insert:

AB100-ASA1-AA1,315,2 " Section 3282b. 227.52 of the statutes, as affected by 1997 Wisconsin Act 3, is renumbered 227.52 (intro.) and amended to read:

AB100-ASA1-AA1,315,7 227.52 Judicial review; decisions reviewable. (intro.) Administrative decisions which adversely affect the substantial interests of any person, whether by action or inaction, whether affirmative or negative in form, are subject to review as provided in this chapter, except for the decisions as otherwise provided by law and except for the following:

AB100-ASA1-AA1,315,9 (1) Decisions of the department of revenue other than decisions relating to alcohol beverage permits issued under ch. 125, decisions .

AB100-ASA1-AA1,315,10 (2) Decisions of the department of employe trust funds,.

AB100-ASA1-AA1,315,12 (3) Those decisions of the division of banking, that are subject to review, prior to any judicial review, by the banking review board.

AB100-ASA1-AA1,315,13 (4) Decisions of the office of credit unions,.

AB100-ASA1-AA1,315,14 (5) Decisions of the division of savings and loan,.

AB100-ASA1-AA1,315,16 (6) Decisions of the chairperson of the elections board of state canvassers and those.

AB100-ASA1-AA1,315,19 (7) Those decisions of the department of workforce development which are subject to review, prior to any judicial review, by the labor and industry review commission, and except as otherwise provided by law.

AB100-ASA1-AA1, s. 3282d Section 3282d. 227.53 (1) (a) 1. of the statutes is amended to read:

AB100-ASA1-AA1,316,4 227.53 (1) (a) 1. Proceedings for review shall be instituted by serving a petition therefor personally or by certified mail upon the agency or one of its officials, and filing the petition in the office of the clerk of the circuit court for the county where the judicial review proceedings are to be held. If the agency whose decision is sought to be reviewed is the tax appeals commission, the banking review board, the consumer credit review board, the credit union review board, the savings and loan review board or the savings bank review board, the petition shall be served upon both the agency whose decision is sought to be reviewed and the corresponding named respondent, as specified under par. (b) 1. to 5.

AB100-ASA1-AA1, s. 3282g Section 3282g. 227.53 (1) (b) 2. of the statutes is amended to read:

AB100-ASA1-AA1,316,7 227.53 (1) (b) 2. The banking review board or the consumer credit review board, the division of banking.

AB100-ASA1-AA1, s. 3282r Section 3282r. 227.53 (1) (d) of the statutes is amended to read:

AB100-ASA1-AA1,316,16 227.53 (1) (d) The agency (except in the case of the tax appeals commission and the banking review board, the consumer credit review board, the credit union review board, the savings and loan review board and the savings bank review board) and all parties to the proceeding before it, shall have the right to participate in the proceedings for review. The court may permit other interested persons to intervene. Any person petitioning the court to intervene shall serve a copy of the petition on each party who appeared before the agency and any additional parties to the judicial review at least 5 days prior to the date set for hearing on the petition.".

AB100-ASA1-AA1,316,17 931. Page 1416, line 19: after that line insert:

AB100-ASA1-AA1,316,18 " Section 3281zm. 227.487 of the statutes is created to read:

AB100-ASA1-AA1,317,2 227.487 Frivolous actions. (1) (a) If a petition for a declaratory ruling under s. 227.41, a request for a hearing under s. 227.42 or a petition for a rehearing under s. 227.49 (1) is found by an agency to be frivolous, the agency may assess a forfeiture of not more than $2,500 against the person or the person's attorney who made the petition or request. In assessing the forfeiture against the person or the person's attorney, the agency may assess the forfeiture in such a manner that the person and the person's attorney each pay a portion of the forfeiture.

AB100-ASA1-AA1,317,9 (b) If any application, pleading, motion, request or other action that relates to a contested case is found by a hearing examiner to be frivolous, the hearing examiner may assess a forfeiture of not more than $2,500 against the person or the person's attorney who made the application, pleading, motion, request or other action. In assessing the forfeiture against the person or the person's attorney, the hearing examiner may assess the forfeiture in such a manner that the person and the person's attorney each pay a portion of the forfeiture.

AB100-ASA1-AA1,317,13 (2) In order for an agency to find a petition or request to be frivolous under sub. (1) (a) or for a hearing examiner to find an application, pleading, motion, request or other action to be frivolous under sub. (1) (b), the agency or hearing examiner must find one or more of the following:

AB100-ASA1-AA1,317,16 (a) The petition or request specified in sub. (1) (a) or the application, pleading, motion, request or other action specified in sub. (1) (b) must have been undertaken for the purpose of delay.

AB100-ASA1-AA1,317,20 (b) The petition or request specified in sub. (1) (a) or the application, pleading, motion, request or other action specified in sub. (1) (b) must have been undertaken for the purpose of maliciously injuring the reputation of an agency or an agency employe.

AB100-ASA1-AA1,317,24 (c) The person or the person's attorney knew, or should have known, that the petition or request specified in sub. (1) (a) or the application, pleading, motion, request or other action specified in sub. (1) (b) was undertaken without any reasonable basis in law or fact.".

AB100-ASA1-AA1,318,2 932. Page 1416, line 25: delete the material beginning with that line and ending with page 1417, line 2.

AB100-ASA1-AA1,318,3 933. Page 1417, line 2: after that line insert:

AB100-ASA1-AA1,318,4 " Section 3290p. 230.04 (9) (f) of the statutes is amended to read:

AB100-ASA1-AA1,318,9 230.04 (9) (f) Establish an affirmative action subunit reporting directly to the secretary. The affirmative action subunit shall advise and assist the secretary, the administrator and agency heads on establishing policies and programs to ensure appropriate affirmative action. The subunit shall advise and assist the secretary in monitoring such programs and shall provide staff to the affirmative action council.".

AB100-ASA1-AA1,318,10 934. Page 1417, line 2: after that line insert:

AB100-ASA1-AA1,318,11 " Section 3290e. 230.03 (9m) of the statutes is amended to read:

AB100-ASA1-AA1,318,13 230.03 (9m) "Disabled wartime veteran" means a veteran who has a service-connected disability that is directly traceable to war service.

AB100-ASA1-AA1, s. 3290f Section 3290f. 230.03 (14) (d) of the statutes is created to read:

AB100-ASA1-AA1,318,21 230.03 (14) (d) A person who served on active duty under honorable conditions in the U.S. armed forces for 2 continuous years or more or the full period of the person's initial service obligation, whichever is less. A person discharged from the U.S. armed forces for reasons of hardship or a service-connected disability or a person released due to a reduction in the U.S. armed forces prior to the completion of the required period of service shall also be considered a "veteran", regardless of the actual time served.

AB100-ASA1-AA1, s. 3290r Section 3290r. 230.04 (10) (c) of the statutes is amended to read:

AB100-ASA1-AA1,319,4 230.04 (10) (c) The secretary shall request from each agency and each agency shall furnish to the secretary relevant information regarding the prior military service, if any, of every new employe hired by the agency including limited term, project, seasonal and sessional employes. The secretary shall maintain the data to permit a periodic review of the progress being made to provide employment opportunities in civil service for veterans and disabled wartime veterans.".