AB100-engrossed,1342,2116
100.45
(4) Servicing. (intro.) No person, including a state agency,
as defined
17in s. 234.75 (10), may perform motor vehicle repair that releases or may release
18ozone-depleting refrigerant from a mobile air conditioner or trailer refrigeration
19equipment or may install or service a mobile air conditioner or trailer refrigeration
20equipment that contains ozone-depleting refrigerant unless all of the following
21apply:
AB100-engrossed,1343,223
101.14
(1) (c) The department is hereby empowered and directed to provide the
24form of a course of study in fire prevention for use in the public schools, dealing with
25the protection of lives and property against loss or damage as a result of preventable
1fires, and transmit the same by the first day of August in each year to the
department
2of education state superintendent of public instruction.
AB100-engrossed,1343,64
101.14
(2) (cm) In addition to the requirements of pars. (b) and (c), a fire
5department shall provide public fire education services
, in consultation with the
6department and the fire prevention council.
AB100-engrossed,1343,148
101.14
(5) (a) Subject to par. (b), in addition to any fee charged by the
9department by rule for plan review and approval for the construction of a new or
10additional installation or change in operation of a previously approved installation
11for the storage, handling or use of flammable or combustible liquids, the department
12shall collect a groundwater fee of $100 for each plan review submittal. The moneys
13collected under this subsection shall be credited to the environmental fund for
14groundwater environmental management.
AB100-engrossed,1343,2016
101.143
(1) (gm) "Property damage" does not include those liabilities
which 17that are excluded from coverage in liability insurance policies for property damage,
18other than liability for remedial action associated with petroleum product discharges
19from petroleum product storage systems.
"Property damage" does not include the
20loss of fair market value resulting from contamination.
AB100-engrossed,1344,422
101.143
(2) (e) The department shall promulgate rules, with an effective date
23of no later than January 1, 1996, specifying the methods the department will use
24under sub. (3) (ae),
(ah), (am) and
(as) (ap) to identify the petroleum product storage
25system or home oil tank system which discharged the petroleum product that caused
1an area of contamination and to determine when a petroleum product discharge that
2caused an area of contamination occurred. The department shall write the rule in
3a way that permits a clear determination of what petroleum product contamination
4is eligible for an award under sub. (4) after December 31, 1995.
AB100-engrossed,1344,126
101.143
(3) (a)
Who may submit a claim. (intro.) Subject to pars. (ae),
(ah), (am)
7and
(as) (ap), an owner or operator or a person owning a home oil tank system may
8submit a claim to the department for an award under sub. (4) to reimburse the owner
9or operator or the person for the eligible costs under sub. (4) (b) that the owner or
10operator or the person incurs because of a petroleum products discharge from a
11petroleum product storage system or home oil tank system if all of the following
12apply:
AB100-engrossed, s. 2588b
13Section 2588b. 101.143 (3) (ae) 1. of the statutes is renumbered 101.143 (3)
14(ae) and amended to read:
AB100-engrossed,1344,2115
101.143
(3) (ae) An owner or operator or a person owning a home oil tank
16system is not eligible for an award under this section for costs incurred because of
17a petroleum product discharge from
a an underground petroleum product storage
18tank system or a home oil tank system that meets the performance standards in
40
19CFR 280.20 or in rules promulgated by the department relating to underground
20petroleum product storage tank systems installed after December 22, 1988,
except
21as provided in subd. 2 if the discharge is confirmed after December 31, 1995.
AB100-engrossed,1345,624
101.143
(3) (ah)
New aboveground systems. An owner or operator is not eligible
25for an award under this section for costs incurred because of a petroleum product
1discharge from a petroleum product storage system that is not an underground
2petroleum product storage tank system and that meets the performance standards
3in rules promulgated by the department relating to petroleum product storage
4systems that are not underground petroleum product storage tank systems and that
5are installed after April 30, 1991, if the discharge is confirmed after December 22,
62001.
AB100-engrossed,1345,189
101.143
(3) (am) (title)
Upgraded underground systems. 1. An owner or
10operator or a person owning a home oil tank system is not eligible for an award under
11this section for costs incurred because of a petroleum product discharge from
an
12underground petroleum product storage
tank system or a home oil tank system if
the
13discharge is confirmed after December 31, 1995, and the discharge is confirmed, or
14activities under par. (c) or (g) are begun with respect to that discharge, after the day
15on which the
underground petroleum product storage
tank system or home oil tank
16system first meets the upgrading requirements in
40 CFR 280.21 (b) to (d) or in rules
17promulgated by the department relating to the upgrading of existing underground
18petroleum product storage tank systems, except as provided in
subds. subd. 2.
to 4.
AB100-engrossed,1346,819
2. If
a an underground petroleum product storage
tank system or home oil tank
20system first meets the upgrading requirements in
40 CFR 280.21 (b) to (d) or in rules
21promulgated by the department relating to the upgrading of existing underground
22petroleum product storage tank systems, after December 31, 1993, and the owner or
23operator or person owning the home oil tank system applies for private pollution
24liability insurance covering the
underground petroleum product storage
tank 25system or home oil tank system within 30 days after the day on which the
1underground petroleum product storage
tank system or home oil tank system first
2meets those upgrading requirements, then the owner or operator or person remains
3eligible for an award for costs incurred because of a petroleum product discharge,
4from that
underground petroleum product storage
tank system or home oil tank
5system, which is confirmed, and with respect to which activities under par. (c) or (g)
6are begun, before the 91st day after the day on which the
underground petroleum
7product storage
tank system or home oil tank system first meets those upgrading
8requirements.
AB100-engrossed,1346,2112
101.143
(3) (ap)
Upgraded aboveground systems. An owner or operator is not
13eligible for an award under this section for costs incurred because of a petroleum
14product discharge from a petroleum product storage system that is not an
15underground petroleum product storage tank system if the discharge is confirmed
16after December 22, 2001, and the discharge is confirmed, or activities under par. (c)
17or (g) are begun with respect to that discharge, after the day on which the petroleum
18product storage system first meets the upgrading requirements in rules
19promulgated by the department relating to the upgrading of existing petroleum
20product storage systems that are not underground petroleum product storage tank
21systems.
AB100-engrossed,1347,3
1101.143
(4) (a) 5. The department shall review claims related to home oil tank
2discharges as soon as the claims are received. The department shall issue an award
3for an eligible home oil tank discharge as soon as it completes the review of the claim.
AB100-engrossed,1347,155
101.143
(4) (a) 8. If an owner or operator or person owning a home oil tank
6system is conducting approved remedial action activities that were necessitated by
7a petroleum product discharge from a petroleum product storage system or home oil
8tank system and those remedial action activities have not remedied the discharge,
9then the department may approve financial assistance under this section for
10enhancements to the approved remedial action activities or different remedial action
11activities that the department determines will remedy the discharge without
12increasing the overall costs of remedying the discharge. The total amount of an
13original award under this section plus additional financial assistance provided
14under this subdivision is subject to the limits in pars. (d) to (e), (ei) and (em) on
15amounts of awards.
AB100-engrossed,1347,1917
101.143
(4) (c) 8. Interest costs incurred by an applicant that exceed interest
18at 1% over the prime rate, as determined under rules promulgated by the
19department.
AB100-engrossed,1347,2221
101.143
(4) (c) 9. Loan origination fees incurred by an applicant that exceed 2%
22of the principal amount of the loan.
AB100-engrossed,1347,2524
101.143
(4) (c) 10. Loan renewal fees incurred by an applicant that exceed 1%
25of the principal amount of the loan.
AB100-engrossed,1348,122
101.143
(4) (ce)
Eligible cost; service providers. The department may
3promulgate rules under which the department selects service providers to provide
4investigation or remedial action services in specified areas. The rules may provide
5that the costs of a service for which the department has selected a service provider
6in an area are not eligible costs under par. (b), or that eligible costs are limited to the
7amount that the selected service provider would have charged, if an owner or
8operator of a petroleum product storage system located in that area, or a person
9owning a home oil tank system located in that area, uses a service provider other
10than the service provider selected by the department to perform the services. If the
11department selects service providers under this paragraph, it shall regularly update
12the list of service providers that it selects.
AB100-engrossed,1348,2114
101.143
(4) (d) 1. The department shall issue an award under this paragraph
15for a claim filed after July 31, 1987, for eligible costs, under par. (b), incurred on or
16after August 1, 1987, and before
July 1, 1998 December 22, 2001, by the owner or
17operator of an underground petroleum product storage tank system and for eligible
18costs, under par. (b), incurred on or after
July 1, 1998 December 22, 2001, by the
19owner or operator of an underground petroleum product storage tank system if the
20petroleum product discharge on which the claim is based is confirmed and activities
21under sub. (3) (c) or (g) are begun before
July 1, 1998 December 22, 2001.
AB100-engrossed,1349,623
101.143
(4) (dm) 1. The department shall issue an award under this paragraph
24for a claim for eligible costs, under par. (b), incurred on or after August 1, 1987, and
25before
July 1, 1998 December 22, 2001, by the owner or operator of a petroleum
1product storage system that is not an underground petroleum product storage tank
2system and for eligible costs, under par. (b), incurred on or after
July 1, 1998 3December 22, 2001, by the owner or operator of a petroleum product storage system
4that is not an underground petroleum product storage tank system if the petroleum
5product discharge on which the claim is based is confirmed and activities under sub.
6(3) (c) or (g) are begun before
July 1, 1998 December 22, 2001.
AB100-engrossed,1349,178
101.143
(4) (dr)
Deductible in certain cases. If a person is the owner or operator
9of an underground petroleum product storage tank system and a petroleum product
10storage system that is not an underground petroleum product storage tank system,
11both of which have discharged resulting in one occurrence, and if the person is
12eligible for an award under pars. (d) and (dm), the department shall calculate the
13award using the deductible determined under par. (d) 2. if the predominant method
14of petroleum product storage at the site, measured in gallons, is underground
15petroleum product storage tank systems or using the deductible determined under
16par. (dm) 2. if the predominant method of petroleum product storage at the site is not
17underground petroleum product storage tank systems.
AB100-engrossed,1349,2219
101.143
(4) (e) 1. b. Eligible costs, under par. (b), incurred on or after
July 1,
201998 December 22, 2001, by the owner or operator of a petroleum product storage
21system that is not an underground petroleum product storage system if those costs
22are not reimbursable under par. (dm) 1.
AB100-engrossed,1349,2523
c. Eligible costs, under par. (b), incurred on or after
July 1, 1998 December 22,
242001, by the owner or operator of an underground petroleum product storage tank
25system if those costs are not reimbursable under par. (d) 1.
AB100-engrossed,1350,42
101.143
(4) (g) 7. The petroleum product discharge was caused by a person who
3provided services or products to the claimant or to a prior owner or operator of the
4petroleum product storage system or home oil tank system.
AB100-engrossed,1350,126
101.143
(4) (h)
Reductions of awards. 1. Notwithstanding pars. (d) 2. (intro.),
7(dm) 2. (intro.), (e) 2. and (em) 2., if an owner or operator or person owning a home
8oil tank system prepares and submits a claim that includes ineligible costs that are
9identified under subd. 2., the department shall calculate the award by determining
10the amount that the award would otherwise be under par. (d), (dm), (e) or (em) based
11only on the eligible costs and then by reducing that amount by 50% of the amount
12of the ineligible costs identified under subd. 2. that are included in the claim.
AB100-engrossed,1350,1913
1m. If a consultant prepares a claim that is submitted by a claimant and that
14includes ineligible costs that are identified under subd. 2., the consultant shall pay
15to the department an amount equal to 50% of the ineligible costs identified under
16subd. 2. that are included in the claim. A consultant may not charge the owner or
17operator for any amount that the consultant is required to pay under this
18subdivision. Payments made under this subdivision shall be deposited in the
19petroleum inspection fund.
AB100-engrossed,1350,2120
2. The department shall promulgate a rule identifying the ineligible costs to
21which subds. 1. and 1m. apply.
AB100-engrossed, s. 2603
22Section
2603. 101.143 (5) (a) of the statutes is renumbered 101.143 (5) (am)
23(intro.) and amended to read:
AB100-engrossed,1351,3
1101.143
(5) (am)
Right of action. (intro.) A right of action under this section
2shall accrue to the state against an owner, operator or other person only if
the one
3of the following applies:
AB100-engrossed,1351,7
41. The owner, operator or other person submits a fraudulent claim or does not
5meet the requirements under this section and
if an award is issued under this section
6to the owner, operator or other person for eligible costs under this section or
if 7payment is made to a lender under sub. (4e).
AB100-engrossed,1351,129
101.143
(5) (a)
Sale of remedial equipment or supplies. If a person who received
10an award under this section sells equipment or supplies that were eligible costs for
11which the award was issued, the person shall pay the proceeds of the sale to the
12department. The proceeds shall be paid into the petroleum inspection fund.
AB100-engrossed,1351,1414
101.143
(5) (am) 2. A person fails to make a payment required under par. (a).
AB100-engrossed,1351,1916
101.143
(5) (b)
Action to recover awards. The attorney general shall take action
17as is appropriate to recover
awards moneys to which the state is entitled under par.
18(a) (am). The department shall request that the attorney general take action if the
19department discovers a fraudulent claim after an award is issued.
AB100-engrossed,1351,2321
101.143
(5) (c)
Disposition of funds.
If an award is made from the petroleum
22inspection fund, the The net proceeds of
the a recovery under par. (b) shall be paid
23into the petroleum inspection fund.
AB100-engrossed,1352,8
1101.177
(1) (d) "State agency" means any office, department, agency,
2institution of higher education, association, society or other body in state
3government created or authorized to be created by the constitution or any law which
4is entitled to expend moneys appropriated by law, including the legislature and the
5courts, the Wisconsin Housing and Economic Development Authority, the Bradley
6Center Sports and Entertainment Corporation, the University of Wisconsin
7Hospitals and Clinics Authority and the Wisconsin Health and Educational
8Facilities Authority.
AB100-engrossed,1352,1310
101.177
(2) Servicing. (intro.) No person, including a state agency,
as defined
11in s. 234.75 (10), may install or service a piece of refrigeration equipment that
12contains ozone-depleting refrigerant unless the person certifies all of the following
13to the department:
AB100-engrossed,1352,1815
101.177
(3) (a) (intro.) After December 31, 1991, no person, including a state
16agency
as defined in s. 234.75 (10), may sell used ozone-depleting refrigerant
17removed from refrigeration equipment for reuse unless the person certifies all of the
18following to the department:
AB100-engrossed,1352,2120
101.575
(3) (a) 3. Provides a training program prescribed by the department
21by rule
, in consultation with the fire prevention council.
AB100-engrossed,1352,2523
102.87
(2) (e) The maximum forfeiture, penalty assessment, jail assessment
,
24crime laboratories and drug law enforcement assessment and any applicable
25uninsured employer assessment for which the defendant is liable.
AB100-engrossed,1353,92
102.87
(2) (g) Notice that if the defendant makes a deposit and fails to appear
3in court at the time specified in the citation, the failure to appear will be considered
4tender of a plea of no contest and submission to a forfeiture, penalty assessment, jail
5assessment
, crime laboratories and drug law enforcement assessment and any
6applicable uninsured employer assessment plus costs not to exceed the amount of the
7deposit. The notice shall also state that the court, instead of accepting the deposit
8and plea, may decide to summon the defendant or may issue an arrest warrant for
9the defendant upon failure to respond to a summons.
AB100-engrossed,1353,1911
102.87
(2) (h) Notice that if the defendant makes a deposit and signs the
12stipulation, the stipulation will be treated as a plea of no contest and submission to
13a forfeiture, penalty assessment, jail assessment
, crime laboratories and drug law
14enforcement assessment and any applicable uninsured employer assessment plus
15costs not to exceed the amount of the deposit. The notice shall also state that the
16court, instead of accepting the deposit and stipulation, may decide to summon the
17defendant or issue an arrest warrant for the defendant upon failure to respond to a
18summons, and that the defendant may, at any time before or at the time of the court
19appearance date, move the court for relief from the effect of the stipulation.
AB100-engrossed,1354,621
102.87
(3) A defendant issued a citation under this section may deposit the
22amount of money that the issuing department deputy or officer directs by mailing or
23delivering the deposit and a copy of the citation before the court appearance date to
24the clerk of the circuit court in the county where the violation occurred, to the
25department or to the sheriff's office or police headquarters of the officer who issued
1the citation. The basic amount of the deposit shall be determined under a deposit
2schedule established by the judicial conference. The judicial conference shall
3annually review and revise the schedule. In addition to the basic amount determined
4by the schedule the deposit shall include the penalty assessment, jail assessment,
5crime laboratories and drug law enforcement assessment, any applicable uninsured
6employer assessment and costs.
AB100-engrossed,1354,138
102.87
(4) A defendant may make a stipulation of no contest by submitting a
9deposit and a stipulation in the manner provided by sub. (3) before the court
10appearance date. The signed stipulation is a plea of no contest and submission to a
11forfeiture plus the penalty assessment, jail assessment,
crime laboratories and drug
12law enforcement assessment, any applicable uninsured employers assessment and
13costs not to exceed the amount of the deposit.
AB100-engrossed,1354,2515
102.87
(5) Except as provided by sub. (6), a person receiving a deposit shall
16prepare a receipt in triplicate showing the purpose for which the deposit is made,
17stating that the defendant may inquire at the office of the clerk of the circuit court
18regarding the disposition of the deposit, and notifying the defendant that if he or she
19fails to appear in court at the time specified in the citation he or she shall be
20considered to have tendered a plea of no contest and submitted to a forfeiture,
21penalty assessment, jail assessment
, crime laboratories and drug law enforcement
22assessment and any applicable uninsured employer assessment plus costs not to
23exceed the amount of the deposit and that the court may accept the plea. The original
24of the receipt shall be delivered to the defendant in person or by mail. If the
25defendant pays by check, the canceled check is the receipt.
AB100-engrossed,1355,102
102.87
(6) The person receiving a deposit and stipulation of no contest shall
3prepare a receipt in triplicate showing the purpose for which the deposit is made,
4stating that the defendant may inquire at the office of the clerk of the circuit court
5regarding the disposition of the deposit, and notifying the defendant that if the
6stipulation of no contest is accepted by the court the defendant will be considered to
7have submitted to a forfeiture, penalty assessment, jail assessment
, crime
8laboratories and drug law enforcement assessment and applicable uninsured
9employer assessment plus costs not to exceed the amount of the deposit. Delivery of
10the receipt shall be made in the same manner as provided in sub. (5).
AB100-engrossed,1356,212
102.87
(7) (b) If the defendant has made a deposit, the citation may serve as
13the initial pleading and the defendant shall be considered to have tendered a plea
14of no contest and submitted to a forfeiture, penalty assessment, jail assessment
,
15crime laboratories and drug law enforcement assessment and any applicable
16uninsured employer assessment plus costs not to exceed the amount of the deposit.
17The court may either accept the plea of no contest and enter judgment accordingly,
18or reject the plea and issue a summons. If the defendant fails to appear in response
19to the summons, the court shall issue an arrest warrant. If the court accepts the plea
20of no contest, the defendant may, within 90 days after the date set for appearance,
21move to withdraw the plea of no contest, open the judgment and enter a plea of not
22guilty if the defendant shows to the satisfaction of the court that failure to appear
23was due to mistake, inadvertence, surprise or excusable neglect. If a defendant is
24relieved from the plea of no contest, the court may order a written complaint or
1petition to be filed. If on reopening the defendant is found not guilty, the court shall
2delete the record of conviction and shall order the defendant's deposit returned.