AB100: Bill Text

AB100,1116,23 99.02 (1) Application. Except as provided in sub. (2), no person may operate a warehouse, including a cold storage warehouse, for the storage of property as bailee for hire without a public warehouse keeper's license. A person desiring a public warehouse keeper's license shall apply on a form furnished by the department and shall set forth the location, size, character and equipment of the building or premises to be used by the applicant, the kinds of goods intended to be stored, the name of each partner if a partnership or of each member if a limited liability company, the names of the officers if a corporation, and such other facts as the department requires to show that the property proposed to be used is suitable for a warehouse and that the applicant is qualified as a public warehouse keeper. If Subject to ss. 93.13 and 93.135, if the property proposed to be used is suitable for a public warehouse and the applicant is otherwise qualified, a license shall be issued upon payment of the license fee under sub. (3) and the filing of security or insurance as required under s. 99.03.

AB100, s. 2570 Section 2570. 100.06 (1g) (c) of the statutes is amended to read:

AB100,1117,9 100.06 (1g) (c) The department shall require the applicant to file a financial statement of his or her business operations and financial condition that meets the requirements of par. (d). The licensee, during the term of his or her license, may be required to file such statements periodically. All such statements shall be confidential and shall not be open for public inspection, except that the department shall open such statements for inspection if requested by the department of industry, labor and job development under s. 49.22 (2m). The department may require such statements to be certified by a public accountant. Such statements and audits, when made by the department, shall be paid for at cost.

AB100, s. 2571 Section 2571. 100.201 (1) (b) 1. of the statutes is amended to read:

AB100,1117,19 100.201 (1) (b) 1. "Retailer" means every person making any sale of selected dairy products at retail within this state unless otherwise excepted; provided, that in the case of a person making both sales at retail and sales at wholesale such term shall apply only to the retail portion of such sales. "Retailer" does not include the United States, the state, any municipality local governmental unit, as defined in s. 345.05 (1) (c) (bg), or any religious, charitable or educational organization or institution, but does include any other person engaged in the business of making retail sales wholly or in part for the person's own profit at an institution operated by such an exempt party.

AB100, s. 2572 Section 2572. 100.201 (2) (b) (intro.) of the statutes is amended to read:

AB100,1118,11 100.201 (2) (b) (intro.) Discriminate in price, directly or indirectly, between different purchasers of selected dairy products of like grade and quality where the effect of such discrimination may be substantially to lessen competition or tend to create a monopoly, or to injure, destroy or prevent competition with any person who either grants or knowingly receives the benefit of such discrimination, or with customers of either of them. Proof made at any proceeding under this paragraph that there has been discrimination in price shall be prima facie evidence of the truth of such charges. The burden of rebutting such prima facie evidence by a showing of justification shall be upon the person charged with the violation. Nothing in this paragraph shall prevent any person charged with a violation of this paragraph from rebutting such prima facie evidence by showing that the person's lower price was made in good faith to meet an equally low price of a competitor. Nothing in this paragraph shall be construed to apply to the submission of bids to or sales to the United States, the state, any municipality local governmental unit, as defined in s. 345.05 (1) (c) (bg), or any religious, charitable or educational organization or institution. Nothing in this paragraph shall prevent:

AB100, s. 2573 Section 2573. 100.45 (1) (dm) of the statutes is created to read:

AB100,1118,20 100.45 (1) (dm) "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, s. 2574 Section 2574. 100.45 (4) (intro.) of the statutes is amended to read:

AB100,1119,2 100.45 (4) Servicing. (intro.) No person, including a state agency, as defined in s. 234.75 (10), may perform motor vehicle repair that releases or may release ozone-depleting refrigerant from a mobile air conditioner or trailer refrigeration equipment or may install or service a mobile air conditioner or trailer refrigeration equipment that contains ozone-depleting refrigerant unless all of the following apply:

AB100, s. 2575 Section 2575. 101.02 (6) (j) of the statutes is created to read:

AB100,1119,5 101.02 (6) (j) This subsection does not apply to denying a license application or license renewal or revoking a license under s. 101.02 (20) (c) or (d).

AB100, s. 2576 Section 2576. 101.02 (20) of the statutes is created to read:

AB100,1119,12 101.02 (20) (a) For purposes of this subsection, "license" means a license, permit or certificate of certification or registration issued by the department under ss. 101.09 (3) (c), 101.122 (2) (c), 101.143 (2) (g), 101.15 (2) (e), 101.17, 101.177 (4) (a), 101.178 (2) and (3) (a), 101.63 (2) and (2m), 101.653, 101.73 (5) and (6), 101.82 (2), 101.87, 101.95, 145.02 (4), 145.035, 145.045, 145.15, 145.16, 145.165, 145.17, 145.175, 145.18 and 167.10 (6m).

AB100,1119,25 (b) The department of commerce may not issue or renew a license unless each applicant who is an individual provides the department of commerce with his or her social security number and each applicant that is not an individual provides the department of commerce with its federal employer identification number. The department of commerce may not disclose the social security number or the federal employer identification number of an applicant for a license or license renewal except that the department of commerce may disclose the social security number of an applicant for a license under par. (a) or a renewal of a license under par. (a) to the department of revenue for the sole purpose of requesting certifications under s. 73.0301 and the department of commerce may disclose the social security number of an applicant for a license under sub. (21) or a renewal of a license under sub. (21) to the department of industry, labor and job development for the sole purpose of administering s. 49.22.

AB100,1120,3 (c) The department of commerce may not issue or renew a license if the department of revenue certifies under s. 73.0301 that the applicant or licensee is liable for delinquent taxes.

AB100,1120,5 (d) The department of commerce shall revoke a license if the department of revenue certifies under s. 73.0301 that the licensee is liable for delinquent taxes.

AB100, s. 2577 Section 2577. 101.02 (21) of the statutes is created to read:

AB100,1120,12 101.02 (21) (a) In this subsection, "license" means a license, permit or certificate of certification or registration issued by the department under ss. 101.09 (3) (c), 101.122 (2) (c), 101.143 (2) (g), 101.15 (2) (e), 101.17, 101.177 (4) (a), 101.178 (2) and (3) (a), 101.63 (2), 101.653, 101.73 (5) and (6), 101.82 (2), 101.87, 101.95, 145.02 (4), 145.035, 145.045, 145.15, 145.16, 145.165, 145.17, 145.175, 145.18 and 167.10 (6m).

AB100,1120,23 (b) As provided in the memorandum of understanding under s. 49.857, the department of commerce may not issue or renew a license unless the applicant provides the department of commerce with his or her social security number. The department of commerce may not disclose the social security number except that the department of commerce may disclose the social security number of an applicant for a license under par. (a) or a renewal of a license under par. (a) to the department of industry, labor and job development for the sole purpose of administering s. 49.22 and the department of commerce may disclose the social security number of an applicant for a license under sub. (20) or a renewal of a license under sub. (20) to the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

AB100,1121,3 (c) As provided in the memorandum of understanding under s. 49.857, the department may not issue or renew a license if the applicant or licensee is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse.

AB100,1121,8 (d) As provided in the memorandum of understanding under s. 49.857, the department shall restrict or suspend a license issued by the department if the licensee is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse.

AB100, s. 2578 Section 2578. 101.122 (3) (b) of the statutes is amended to read:

AB100,1121,13 101.122 (3) (b) Hold hearings on any matter relating to this section and issue subpoenas to compel the attendance of witnesses and the production of evidence at the hearings. This paragraph does not apply to the denial of a license application or license renewal or the revocation of a license under s. 101.02 (20) (c) or (d).

AB100, s. 2579 Section 2579. 101.122 (6m) of the statutes is repealed.

AB100, s. 2580 Section 2580. 101.14 (1) (c) of the statutes is amended to read:

AB100,1121,20 101.14 (1) (c) The department is hereby empowered and directed to provide the form of a course of study in fire prevention for use in the public schools, dealing with the protection of lives and property against loss or damage as a result of preventable fires, and transmit the same by the first day of August in each year to the department of education state superintendent of public instruction.

AB100, s. 2581 Section 2581. 101.14 (5) (a) of the statutes is amended to read:

AB100,1122,3 101.14 (5) (a) Subject to par. (b), in addition to any fee charged by the department by rule for plan review and approval for the construction of a new or additional installation or change in operation of a previously approved installation for the storage, handling or use of flammable or combustible liquids, the department shall collect a groundwater fee of $100 for each plan review submittal. The moneys collected under this subsection shall be credited to the environmental fund for groundwater environmental management.

AB100, s. 2582 Section 2582. 101.143 (1) (gm) of the statutes is amended to read:

AB100,1122,9 101.143 (1) (gm) "Property damage" does not include those liabilities which that are excluded from coverage in liability insurance policies for property damage, other than liability for remedial action associated with petroleum product discharges from petroleum product storage systems. "Property damage" does not include the loss of fair market value resulting from contamination.

AB100, s. 2583 Section 2583 . 101.143 (2) (e) of the statutes is amended to read:

AB100,1122,18 101.143 (2) (e) The department shall promulgate rules, with an effective date of no later than January 1, 1996, specifying the methods the department will use under sub. (3) (ae), and (am) and (as) to identify the petroleum product storage system or home oil tank system which discharged the petroleum product that caused an area of contamination and to determine when a petroleum product discharge that caused an area of contamination occurred. The department shall write the rule in a way that permits a clear determination of what petroleum product contamination is eligible for an award under sub. (4) after December 31, 1995.

AB100, s. 2584 Section 2584. 101.143 (2) (e) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:

AB100,1123,3 101.143 (2) (e) The department shall promulgate rules, with an effective date of no later than January 1, 1996, specifying the methods the department will use under sub. (3) (ae) and, (ah), (am) and (ap) to identify the petroleum product storage system or home oil tank system which discharged the petroleum product that caused an area of contamination and to determine when a petroleum product discharge that caused an area of contamination occurred. The department shall write the rule in a way that permits a clear determination of what petroleum product contamination is eligible for an award under sub. (4) after December 31, 1995.

AB100, s. 2585 Section 2585. 101.143 (2) (h) of the statutes is created to read:

AB100,1123,7 101.143 (2) (h) 1. In this paragraph, "brownfields" means abandoned, idle or under used industrial or commercial facilities or sites, the expansion or redevelopment of which is adversely affected by environmental contamination.

AB100,1123,9 2. The department shall give priority in paying awards under sub. (4) to claims for eligible costs incurred at brownfields.

AB100, s. 2586 Section 2586. 101.143 (3) (a) (intro.) of the statutes is amended to read:

AB100,1123,17 101.143 (3) (a) Who may submit a claim. (intro.) Subject to pars. (ae), and (am) and (as), an owner or operator or a person owning a home oil tank system may submit a claim to the department for an award under sub. (4) to reimburse the owner or operator or the person for the eligible costs under sub. (4) (b) that the owner or operator or the person incurs because of a petroleum products discharge from a petroleum product storage system or home oil tank system if all of the following apply:

AB100, s. 2587 Section 2587 . 101.143 (3) (a) (intro.) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:

AB100,1124,2 101.143 (3) (a) Who may submit a claim. (intro.) Subject to pars. (ae) and, (ah), (am) and (ap), an owner or operator or a person owning a home oil tank system may submit a claim to the department for an award under sub. (4) to reimburse the owner or operator or the person for the eligible costs under sub. (4) (b) that the owner or operator or the person incurs because of a petroleum products discharge from a petroleum product storage system or home oil tank system if all of the following apply:

AB100, s. 2588 Section 2588. 101.143 (3) (ae) of the statutes is amended to read:

AB100,1124,10 101.143 (3) (ae) (title) New 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 a an underground petroleum product storage tank system or a home oil tank system that meets the performance standards in 40 CFR 280.20 or in rules promulgated by the department relating to underground petroleum product storage tank systems installed after December 22, 1988, except as provided in subd. 2.

AB100,1125,2 2. If a an underground petroleum product storage tank system or home oil tank system that meets the performance standards in 40 CFR 280.20 or in rules promulgated by the department relating to underground petroleum product storage tank systems installed after December 22, 1988, is located on a site on which a petroleum product discharge is confirmed before the date on which the underground petroleum product storage tank system or home oil tank system is installed and the department of natural resources does not issue a case closure letter with respect to that discharge before the installation date, then the owner or operator or person owning the home oil tank system 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 January 1, 1996, or before the 91st day after the day on which the department of natural resources issues a case closure letter with respect to the discharge that occurred before the installation of the underground petroleum product storage tank system or home oil tank system, whichever is earlier.

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

AB100,1125,11 101.143 (3) (ah) New aboveground systems. 1. 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, except as provided in subd. 2.

AB100,1125,25 2. If 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, is located on a site on which a petroleum product discharge is confirmed before the date on which the petroleum product storage system is installed and the department of natural resources does not issue a case closure letter with respect to that discharge before the installation date, then the owner or operator remains eligible for an award for costs incurred because of a petroleum product discharge, from that petroleum product storage system, which is confirmed, and with respect to which activities under par. (c) or (g) are begun, before May 1, 2001, or before the 91st day after the day on which the department of natural resources issues a case closure letter with respect to the discharge that occurred before the installation of the petroleum product storage system, whichever is earlier.

AB100, s. 2590 Section 2590. 101.143 (3) (am) of the statutes is amended to read:

AB100,1126,11 101.143 (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, 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. 2. to 4.

AB100,1127,2 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.

AB100,1127,8 3. If a an underground petroleum product storage tank system first met the upgrading requirements in 40 CFR 280.21 (b) to (d) before May 1, 1991, then the owner or operator remains eligible for an award for costs incurred because of a petroleum product discharge, from that underground petroleum product storage tank system, which is confirmed, and with respect to which activities under par. (c) or (g) are begun, before January 1, 1996.

AB100,1127,23 4. 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 April 30, 1991, and is located on a site on which a petroleum product discharge is confirmed before the date on which the underground petroleum product storage tank system or home oil tank system first meets those upgrading requirements and the department of natural resources does not issue a case closure letter with respect to that discharge before that date, then the owner or operator or person owning the home oil tank system 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 January 1, 1996, or before the 91st day after the day on which the department of natural resources issues a case closure letter with respect to the discharge that occurred before the upgrading requirements were met, whichever is earlier.

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

AB100,1128,9 101.143 (3) (ap) Upgraded aboveground systems. 1. 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, 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, except as provided in subd. 2.

AB100,1128,23 2. If a petroleum product storage system that 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 is located on a site on which a petroleum product discharge is confirmed before the date on which the petroleum product storage system first meets those upgrading requirements and the department of natural resources does not issue a case closure letter with respect to that discharge before that date, then the owner or operator remains eligible for an award for costs incurred because of a petroleum product discharge, from that petroleum product storage system, which is confirmed, and with respect to which activities under par. (c) or (g) are begun, before May 1, 2001, or before the 91st day after the day on which the department of natural resources issues a case closure letter with respect to the discharge that occurred before the upgrading requirements were met, whichever is earlier.

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

AB100, s. 2593 Section 2593. 101.143 (3) (c) 4. of the statutes is amended to read:

AB100,1129,6 101.143 (3) (c) 4. Receive written approval from the department of natural resources or, if the discharge is covered under s. 101.144 (2) (b), from the department of commerce that the remedial action activities performed under subd. 3. meet the requirements of s. 292.11 unless rules promulgated by the department of natural resources provide for an alternate means of certifying that the remedial action activities performed under subd. 3. meet the requirements of s. 292.11.

AB100, s. 2594 Section 2594. 101.143 (3) (f) 5. of the statutes is amended to read:

AB100,1129,9 101.143 (3) (f) 5. The written approval of the department of natural resources or the department of commerce, or alternate certification, under par. (c) 4.

AB100, s. 2595 Section 2595. 101.143 (4) (a) 5. of the statutes is repealed.

AB100, s. 2596 Section 2596. 101.143 (4) (a) 7. of the statutes is amended to read:

AB100,1129,16 101.143 (4) (a) 7. In any fiscal year, the department may not award more than 5% of the amount appropriated under s. 20.143 (3) (v) as awards for home oil tank systems and petroleum product storage systems that are owned by school districts and that are used for storing heating oil for consumptive use on the premises where stored.

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

AB100,1130,2 101.143 (4) (a) 8. If the department issues an award under this section for remedial action activities that were necessitated by a petroleum product discharge from a petroleum product storage system or home oil tank system and it is subsequently determined that the approved remedial action activities failed to remedy the discharge, then the department may approve additional financial assistance for costs incurred to enhance the approved remedial action activities or implement new remedial action activities. 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, s. 2598 Section 2598. 101.143 (4) (c) 8. of the statutes is created to read:

AB100,1130,5 101.143 (4) (c) 8. Interest costs incurred by an applicant that exceed interest at the prime rate, as determined under rules promulgated by the department.

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

AB100,1130,11 101.143 (4) (ce) Eligible cost; service providers. 1. The department may promulgate rules under which the costs incurred for a specified service because of discharges from petroleum product storage systems are not eligible costs under par. (b) unless the owners or operators of those petroleum product storage systems obtain the service from the same service provider approved by the department.

AB100,1130,20 2. 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.

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

AB100,1131,6 101.143 (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, s. 2601 Section 2601. 101.143 (4) (g) 7. of the statutes is created to read:

AB100,1131,10 101.143 (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, s. 2602 Section 2602. 101.143 (4) (h) of the statutes is created to read:

AB100,1131,17 101.143 (4) (h) Reductions of awards. 1. Notwithstanding pars. (d) 2. (intro.), (dm) 2. (intro.), (e) 2. and (em) 2., if a claimant 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 the amount of the ineligible costs identified under subd. 2. that are included in the claim.

AB100,1131,19 2. The department shall promulgate a rule identifying the ineligible costs to which subd. 1. applies.

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

AB100,1131,24 101.143 (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:

AB100,1132,4 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, s. 2604 Section 2604. 101.143 (5) (a) of the statutes is created to read:

AB100,1132,9 101.143 (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.