AB100: Bill Text Engrossed

AB100-engrossed, s. 2588d Section 2588d. 101.143 (3) (ae) 2. of the statutes is repealed.

AB100-engrossed, s. 2589 Section 2589. 101.143 (3) (ah) of the statutes is created to read:

AB100-engrossed,1345,6 101.143 (3) (ah) New aboveground systems. An owner or operator is not eligible for an award under this section for costs incurred because of a petroleum product discharge from a petroleum product storage system that is not an underground petroleum product storage tank system and that meets the performance standards in rules promulgated by the department relating to petroleum product storage systems that are not underground petroleum product storage tank systems and that are installed after April 30, 1991, if the discharge is confirmed after December 22, 2001.

AB100-engrossed, s. 2590 Section 2590. 101.143 (3) (am) (title), 1. and 2. of the statutes are amended to read:

AB100-engrossed,1345,18 101.143 (3) (am) (title) Upgraded underground systems. 1. An owner or operator or a person owning a home oil tank system is not eligible for an award under this section for costs incurred because of a petroleum product discharge from an underground petroleum product storage tank system or a home oil tank system if the discharge is confirmed after December 31, 1995, and the discharge is confirmed, or activities under par. (c) or (g) are begun with respect to that discharge, after the day on which the underground petroleum product storage tank system or home oil tank system first meets the upgrading requirements in 40 CFR 280.21 (b) to (d) or in rules promulgated by the department relating to the upgrading of existing underground petroleum product storage tank systems, except as provided in subds. subd. 2. to 4.

AB100-engrossed,1346,8 2. If a an underground petroleum product storage tank system or home oil tank system first meets the upgrading requirements in 40 CFR 280.21 (b) to (d) or in rules promulgated by the department relating to the upgrading of existing underground petroleum product storage tank systems, after December 31, 1993, and the owner or operator or person owning the home oil tank system applies for private pollution liability insurance covering the underground petroleum product storage tank system or home oil tank system within 30 days after the day on which the underground petroleum product storage tank system or home oil tank system first meets those upgrading requirements, then the owner or operator or person remains eligible for an award for costs incurred because of a petroleum product discharge, from that underground petroleum product storage tank system or home oil tank system, which is confirmed, and with respect to which activities under par. (c) or (g) are begun, before the 91st day after the day on which the underground petroleum product storage tank system or home oil tank system first meets those upgrading requirements.

AB100-engrossed, s. 2590e Section 2590e. 101.143 (3) (am) 3. of the statutes is repealed.

AB100-engrossed, s. 2590g Section 2590g. 101.143 (3) (am) 4. of the statutes is repealed.

AB100-engrossed, s. 2591 Section 2591. 101.143 (3) (ap) of the statutes is created to read:

AB100-engrossed,1346,21 101.143 (3) (ap) Upgraded aboveground systems. An owner or operator is not eligible for an award under this section for costs incurred because of a petroleum product discharge from a petroleum product storage system that is not an underground petroleum product storage tank system if the discharge is confirmed after December 22, 2001, and the discharge is confirmed, or activities under par. (c) or (g) are begun with respect to that discharge, after the day on which the petroleum product storage system first meets the upgrading requirements in rules promulgated by the department relating to the upgrading of existing petroleum product storage systems that are not underground petroleum product storage tank systems.

AB100-engrossed, s. 2592 Section 2592. 101.143 (3) (as) of the statutes is repealed.

AB100-engrossed, s. 2595b Section 2595b. 101.143 (4) (a) 5. of the statutes is repealed and recreated to read:

AB100-engrossed,1347,3 101.143 (4) (a) 5. The department shall review claims related to home oil tank discharges as soon as the claims are received. The department shall issue an award for an eligible home oil tank discharge as soon as it completes the review of the claim.

AB100-engrossed, s. 2597 Section 2597. 101.143 (4) (a) 8. of the statutes is created to read:

AB100-engrossed,1347,15 101.143 (4) (a) 8. If an owner or operator or person owning a home oil tank system is conducting approved remedial action activities that were necessitated by a petroleum product discharge from a petroleum product storage system or home oil tank system and those remedial action activities have not remedied the discharge, then the department may approve financial assistance under this section for enhancements to the approved remedial action activities or different remedial action activities that the department determines will remedy the discharge without increasing the overall costs of remedying the discharge. The total amount of an original award under this section plus additional financial assistance provided under this subdivision is subject to the limits in pars. (d) to (e), (ei) and (em) on amounts of awards.

AB100-engrossed, s. 2598 Section 2598. 101.143 (4) (c) 8. of the statutes is created to read:

AB100-engrossed,1347,19 101.143 (4) (c) 8. Interest costs incurred by an applicant that exceed interest at 1% over the prime rate, as determined under rules promulgated by the department.

AB100-engrossed, s. 2598e Section 2598e. 101.143 (4) (c) 9. of the statutes is created to read:

AB100-engrossed,1347,22 101.143 (4) (c) 9. Loan origination fees incurred by an applicant that exceed 2% of the principal amount of the loan.

AB100-engrossed, s. 2598f Section 2598f. 101.143 (4) (c) 10. of the statutes is created to read:

AB100-engrossed,1347,25 101.143 (4) (c) 10. Loan renewal fees incurred by an applicant that exceed 1% of the principal amount of the loan.

AB100-engrossed, s. 2599 Section 2599. 101.143 (4) (ce) of the statutes is created to read:

AB100-engrossed,1348,12 101.143 (4) (ce) Eligible cost; service providers. The department may promulgate rules under which the department selects service providers to provide investigation or remedial action services in specified areas. The rules may provide that the costs of a service for which the department has selected a service provider in an area are not eligible costs under par. (b), or that eligible costs are limited to the amount that the selected service provider would have charged, if an owner or operator of a petroleum product storage system located in that area, or a person owning a home oil tank system located in that area, uses a service provider other than the service provider selected by the department to perform the services. If the department selects service providers under this paragraph, it shall regularly update the list of service providers that it selects.

AB100-engrossed, s. 2599g Section 2599g. 101.143 (4) (d) 1. of the statutes is amended to read:

AB100-engrossed,1348,21 101.143 (4) (d) 1. The department shall issue an award under this paragraph for a claim filed after July 31, 1987, for eligible costs, under par. (b), incurred on or after August 1, 1987, and before July 1, 1998 December 22, 2001, by the owner or operator of an underground petroleum product storage tank system and for eligible costs, under par. (b), incurred on or after July 1, 1998 December 22, 2001, by the owner or operator of an underground petroleum product storage tank system if the petroleum product discharge on which the claim is based is confirmed and activities under sub. (3) (c) or (g) are begun before July 1, 1998 December 22, 2001.

AB100-engrossed, s. 2599r Section 2599r. 101.143 (4) (dm) 1. of the statutes is amended to read:

AB100-engrossed,1349,6 101.143 (4) (dm) 1. The department shall issue an award under this paragraph for a claim for eligible costs, under par. (b), incurred on or after August 1, 1987, and before July 1, 1998 December 22, 2001, by the owner or operator of a petroleum product storage system that is not an underground petroleum product storage tank system and for eligible costs, under par. (b), incurred on or after July 1, 1998 December 22, 2001, by the owner or operator of a petroleum product storage system that is not an underground petroleum product storage tank system if the petroleum product discharge on which the claim is based is confirmed and activities under sub. (3) (c) or (g) are begun before July 1, 1998 December 22, 2001.

AB100-engrossed, s. 2600 Section 2600. 101.143 (4) (dr) of the statutes is created to read:

AB100-engrossed,1349,17 101.143 (4) (dr) Deductible in certain cases. If a person is the owner or operator of an underground petroleum product storage tank system and a petroleum product storage system that is not an underground petroleum product storage tank system, both of which have discharged resulting in one occurrence, and if the person is eligible for an award under pars. (d) and (dm), the department shall calculate the award using the deductible determined under par. (d) 2. if the predominant method of petroleum product storage at the site, measured in gallons, is underground petroleum product storage tank systems or using the deductible determined under par. (dm) 2. if the predominant method of petroleum product storage at the site is not underground petroleum product storage tank systems.

AB100-engrossed, s. 2600e Section 2600e. 101.143 (4) (e) 1. b. and c. of the statutes are amended to read:

AB100-engrossed,1349,22 101.143 (4) (e) 1. b. Eligible costs, under par. (b), incurred on or after July 1, 1998 December 22, 2001, by the owner or operator of a petroleum product storage system that is not an underground petroleum product storage system if those costs are not reimbursable under par. (dm) 1.

AB100-engrossed,1349,25 c. Eligible costs, under par. (b), incurred on or after July 1, 1998 December 22, 2001, by the owner or operator of an underground petroleum product storage tank system if those costs are not reimbursable under par. (d) 1.

AB100-engrossed, s. 2601 Section 2601. 101.143 (4) (g) 7. of the statutes is created to read:

AB100-engrossed,1350,4 101.143 (4) (g) 7. The petroleum product discharge was caused by a person who provided services or products to the claimant or to a prior owner or operator of the petroleum product storage system or home oil tank system.

AB100-engrossed, s. 2602 Section 2602. 101.143 (4) (h) of the statutes is created to read:

AB100-engrossed,1350,12 101.143 (4) (h) Reductions of awards. 1. Notwithstanding pars. (d) 2. (intro.), (dm) 2. (intro.), (e) 2. and (em) 2., if an owner or operator or person owning a home oil tank system prepares and submits a claim that includes ineligible costs that are identified under subd. 2., the department shall calculate the award by determining the amount that the award would otherwise be under par. (d), (dm), (e) or (em) based only on the eligible costs and then by reducing that amount by 50% of the amount of the ineligible costs identified under subd. 2. that are included in the claim.

AB100-engrossed,1350,19 1m. If a consultant prepares a claim that is submitted by a claimant and that includes ineligible costs that are identified under subd. 2., the consultant shall pay to the department an amount equal to 50% of the ineligible costs identified under subd. 2. that are included in the claim. A consultant may not charge the owner or operator for any amount that the consultant is required to pay under this subdivision. Payments made under this subdivision shall be deposited in the petroleum inspection fund.

AB100-engrossed,1350,21 2. The department shall promulgate a rule identifying the ineligible costs to which subds. 1. and 1m. apply.

AB100-engrossed, s. 2603 Section 2603. 101.143 (5) (a) of the statutes is renumbered 101.143 (5) (am) (intro.) and amended to read:

AB100-engrossed,1351,3 101.143 (5) (am) Right of action. (intro.) A right of action under this section shall accrue to the state against an owner, operator or other person only if the one of the following applies:

AB100-engrossed,1351,7 1. The owner, operator or other person submits a fraudulent claim or does not meet the requirements under this section and if an award is issued under this section to the owner, operator or other person for eligible costs under this section or if payment is made to a lender under sub. (4e).

AB100-engrossed, s. 2604 Section 2604. 101.143 (5) (a) of the statutes is created to read:

AB100-engrossed,1351,12 101.143 (5) (a) Sale of remedial equipment or supplies. If a person who received an award under this section sells equipment or supplies that were eligible costs for which the award was issued, the person shall pay the proceeds of the sale to the department. The proceeds shall be paid into the petroleum inspection fund.

AB100-engrossed, s. 2605 Section 2605. 101.143 (5) (am) 2. of the statutes is created to read:

AB100-engrossed,1351,14 101.143 (5) (am) 2. A person fails to make a payment required under par. (a).

AB100-engrossed, s. 2606 Section 2606. 101.143 (5) (b) of the statutes is amended to read:

AB100-engrossed,1351,19 101.143 (5) (b) Action to recover awards. The attorney general shall take action as is appropriate to recover awards moneys to which the state is entitled under par. (a) (am). The department shall request that the attorney general take action if the department discovers a fraudulent claim after an award is issued.

AB100-engrossed, s. 2607 Section 2607. 101.143 (5) (c) of the statutes is amended to read:

AB100-engrossed,1351,23 101.143 (5) (c) Disposition of funds. If an award is made from the petroleum inspection fund, the The net proceeds of the a recovery under par. (b) shall be paid into the petroleum inspection fund.

AB100-engrossed, s. 2609 Section 2609. 101.177 (1) (d) of the statutes is created to read:

AB100-engrossed,1352,8 101.177 (1) (d) "State agency" means any office, department, agency, institution of higher education, association, society or other body in state government created or authorized to be created by the constitution or any law which is entitled to expend moneys appropriated by law, including the legislature and the courts, the Wisconsin Housing and Economic Development Authority, the Bradley Center Sports and Entertainment Corporation, the University of Wisconsin Hospitals and Clinics Authority and the Wisconsin Health and Educational Facilities Authority.

AB100-engrossed, s. 2610 Section 2610. 101.177 (2) (intro.) of the statutes is amended to read:

AB100-engrossed,1352,13 101.177 (2) Servicing. (intro.) No person, including a state agency, as defined in s. 234.75 (10), may install or service a piece of refrigeration equipment that contains ozone-depleting refrigerant unless the person certifies all of the following to the department:

AB100-engrossed, s. 2611 Section 2611. 101.177 (3) (a) (intro.) of the statutes is amended to read:

AB100-engrossed,1352,18 101.177 (3) (a) (intro.) After December 31, 1991, no person, including a state agency as defined in s. 234.75 (10), may sell used ozone-depleting refrigerant removed from refrigeration equipment for reuse unless the person certifies all of the following to the department:

AB100-engrossed, s. 2611m Section 2611m. 101.575 (3) (a) 3. of the statutes is amended to read:

AB100-engrossed,1352,21 101.575 (3) (a) 3. Provides a training program prescribed by the department by rule, in consultation with the fire prevention council.

AB100-engrossed, s. 2620 Section 2620. 102.87 (2) (e) of the statutes is amended to read:

AB100-engrossed,1352,25 102.87 (2) (e) The maximum forfeiture, penalty assessment, jail assessment, crime laboratories and drug law enforcement assessment and any applicable uninsured employer assessment for which the defendant is liable.

AB100-engrossed, s. 2621 Section 2621. 102.87 (2) (g) of the statutes is amended to read:

AB100-engrossed,1353,9 102.87 (2) (g) Notice that if the defendant makes a deposit and fails to appear in court at the time specified in the citation, the failure to appear will be considered tender of a plea of no contest and submission to a forfeiture, penalty assessment, jail assessment, crime laboratories and drug law enforcement assessment and any applicable uninsured employer assessment plus costs not to exceed the amount of the deposit. The notice shall also state that the court, instead of accepting the deposit and plea, may decide to summon the defendant or may issue an arrest warrant for the defendant upon failure to respond to a summons.

AB100-engrossed, s. 2622 Section 2622. 102.87 (2) (h) of the statutes is amended to read:

AB100-engrossed,1353,19 102.87 (2) (h) Notice that if the defendant makes a deposit and signs the stipulation, the stipulation will be treated as a plea of no contest and submission to a forfeiture, penalty assessment, jail assessment, crime laboratories and drug law enforcement assessment and any applicable uninsured employer assessment plus costs not to exceed the amount of the deposit. The notice shall also state that the court, instead of accepting the deposit and stipulation, may decide to summon the defendant or issue an arrest warrant for the defendant upon failure to respond to a summons, and that the defendant may, at any time before or at the time of the court appearance date, move the court for relief from the effect of the stipulation.

AB100-engrossed, s. 2623 Section 2623. 102.87 (3) of the statutes is amended to read:

AB100-engrossed,1354,6 102.87 (3) A defendant issued a citation under this section may deposit the amount of money that the issuing department deputy or officer directs by mailing or delivering the deposit and a copy of the citation before the court appearance date to the clerk of the circuit court in the county where the violation occurred, to the department or to the sheriff's office or police headquarters of the officer who issued the citation. The basic amount of the deposit shall be determined under a deposit schedule established by the judicial conference. The judicial conference shall annually review and revise the schedule. In addition to the basic amount determined by the schedule the deposit shall include the penalty assessment, jail assessment, crime laboratories and drug law enforcement assessment, any applicable uninsured employer assessment and costs.

AB100-engrossed, s. 2624 Section 2624. 102.87 (4) of the statutes is amended to read:

AB100-engrossed,1354,13 102.87 (4) A defendant may make a stipulation of no contest by submitting a deposit and a stipulation in the manner provided by sub. (3) before the court appearance date. The signed stipulation is a plea of no contest and submission to a forfeiture plus the penalty assessment, jail assessment, crime laboratories and drug law enforcement assessment, any applicable uninsured employers assessment and costs not to exceed the amount of the deposit.

AB100-engrossed, s. 2625 Section 2625. 102.87 (5) of the statutes is amended to read:

AB100-engrossed,1354,25 102.87 (5) Except as provided by sub. (6), a person receiving a deposit shall prepare a receipt in triplicate showing the purpose for which the deposit is made, stating that the defendant may inquire at the office of the clerk of the circuit court regarding the disposition of the deposit, and notifying the defendant that if he or she fails to appear in court at the time specified in the citation he or she shall be considered to have tendered a plea of no contest and submitted to a forfeiture, penalty assessment, jail assessment, crime laboratories and drug law enforcement assessment and any applicable uninsured employer assessment plus costs not to exceed the amount of the deposit and that the court may accept the plea. The original of the receipt shall be delivered to the defendant in person or by mail. If the defendant pays by check, the canceled check is the receipt.

AB100-engrossed, s. 2626 Section 2626. 102.87 (6) of the statutes is amended to read:

AB100-engrossed,1355,10 102.87 (6) The person receiving a deposit and stipulation of no contest shall prepare a receipt in triplicate showing the purpose for which the deposit is made, stating that the defendant may inquire at the office of the clerk of the circuit court regarding the disposition of the deposit, and notifying the defendant that if the stipulation of no contest is accepted by the court the defendant will be considered to have submitted to a forfeiture, penalty assessment, jail assessment , crime laboratories and drug law enforcement assessment and applicable uninsured employer assessment plus costs not to exceed the amount of the deposit. Delivery of the receipt shall be made in the same manner as provided in sub. (5).

AB100-engrossed, s. 2627 Section 2627. 102.87 (7) (b) of the statutes is amended to read:

AB100-engrossed,1356,2 102.87 (7) (b) If the defendant has made a deposit, the citation may serve as the initial pleading and the defendant shall be considered to have tendered a plea of no contest and submitted to a forfeiture, penalty assessment, jail assessment, crime laboratories and drug law enforcement assessment and any applicable uninsured employer assessment plus costs not to exceed the amount of the deposit. The court may either accept the plea of no contest and enter judgment accordingly, or reject the plea and issue a summons. If the defendant fails to appear in response to the summons, the court shall issue an arrest warrant. If the court accepts the plea of no contest, the defendant may, within 90 days after the date set for appearance, move to withdraw the plea of no contest, open the judgment and enter a plea of not guilty if the defendant shows to the satisfaction of the court that failure to appear was due to mistake, inadvertence, surprise or excusable neglect. If a defendant is relieved from the plea of no contest, the court may order a written complaint or petition to be filed. If on reopening the defendant is found not guilty, the court shall delete the record of conviction and shall order the defendant's deposit returned.

AB100-engrossed, s. 2628 Section 2628. 102.87 (7) (c) of the statutes is amended to read:

AB100-engrossed,1356,15 102.87 (7) (c) If the defendant has made a deposit and stipulation of no contest, the citation serves as the initial pleading and the defendant shall be considered to have tendered a plea of no contest and submitted to a forfeiture, penalty assessment, jail assessment, crime laboratories and drug law enforcement assessment and any applicable uninsured employer assessment plus costs not to exceed the amount of the deposit. The court may either accept the plea of no contest and enter judgment accordingly, or reject the plea and issue a summons or an arrest warrant. After signing a stipulation of no contest, the defendant may, at any time before or at the time of the court appearance date, move the court for relief from the effect of the stipulation. The court may act on the motion, with or without notice, for cause shown by affidavit and upon just terms, and relieve the defendant from the stipulation and the effects of the stipulation.

AB100-engrossed, s. 2629 Section 2629. 102.87 (9) of the statutes is amended to read:

AB100-engrossed,1356,25 102.87 (9) A department deputy or an officer who collects a forfeiture, penalty assessment, jail assessment, crime laboratories and drug law enforcement assessment, applicable insured employer assessment and costs under this section shall pay the money to the county treasurer within 20 days after its receipt. If the department deputy or officer fails to make timely payment, the county treasurer may collect the payment from the department deputy or officer by an action in the treasurer's name of office and upon the official bond of the department deputy or officer, with interest at the rate of 12% per year from the time when it should have been paid.

AB100-engrossed, s. 2631 Section 2631. 103.05 of the statutes is created to read:

AB100-engrossed,1357,7 103.05 Hiring reporting system; state directory of new hires. (1) The department shall establish and operate a hiring reporting system that includes a state directory of new hires. All requirements under the reporting system shall be consistent with federal laws and regulations that relate to the reporting of newly hired employes for support collection purposes, as part of the state location service under s. 49.22 (2), or any other purposes specified in 42 USC 653a (h).

AB100-engrossed,1357,10 (2) (a) Except as provided in par. (b), every employer that employs individuals in the state shall provide to the department information about each newly hired employe.

AB100-engrossed,1357,16 (b) Paragraph (a) does not apply to an employer that employs individuals in this state and in at least one other state, if the employer has designated, to the secretary of the federal department of health and human services, a state other than this state for the purpose of providing the information required under par. (a). An employer under this paragraph shall notify the department of its designation of another state to the secretary of the federal department of health and human services.

AB100-engrossed,1357,17 (3) The department shall specify all of the following:

AB100-engrossed,1357,18 (a) The information that employers must provide under sub. (2) (a).

AB100-engrossed,1357,20 (b) A number of different ways in which employers may report the information required under sub. (2) (a), including paper and electronic means.

AB100-engrossed,1357,22 (c) A timetable for the actions and procedures required under the reporting system, including the reporting required under sub. (2) (a).

AB100-engrossed,1357,25 (4) No person may use or disclose information obtained under this section except in the administration of the program under s. 49.22 or a program specified in 42 USC 653a (h).

AB100-engrossed,1358,4 (5) (a) Except as provided in par. (b), and subject to par. (c), an employer that violates any provision of this section, or any rule promulgated under this section, may be required to forfeit up to $25 for each employe concerning whom a violation has occurred.

AB100-engrossed,1358,9 (b) Subject to par. (c), an employer may be required to forfeit up to $500 for a failure to supply the information under sub. (2) (a) about an employe, or for supplying false or incomplete information under sub. (2) (a) about an employe, as a result of a conspiracy between the employer and the employe to not supply the information or to supply false or incomplete information.

AB100-engrossed,1358,12 (c) The department shall provide an employer with notice of any violation for which a penalty may be imposed under par. (a) or (b), and with an opportunity to correct the violation, before imposing any penalty under par. (a) or (b).