AB100: Bill Text

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.

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

AB100,1132,11 101.143 (5) (am) 2. A person fails to make a payment required under par. (a).

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

AB100,1132,16 101.143 (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, s. 2607 Section 2607. 101.143 (5) (c) of the statutes is amended to read:

AB100,1132,20 101.143 (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, s. 2608 Section 2608. 101.143 (6m) of the statutes is created to read:

AB100,1133,2 101.143 (6m) Request for hearing. The department shall promulgate rules that specify the information that must be provided by a person who requests a hearing to contest a determination by the department under this section. The department may deny a request for a hearing by a person who fails to submit the information required by the rules promulgated under this subsection.

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

AB100,1133,11 101.177 (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, s. 2610 Section 2610. 101.177 (2) (intro.) of the statutes is amended to read:

AB100,1133,16 101.177 (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, s. 2611 Section 2611. 101.177 (3) (a) (intro.) of the statutes is amended to read:

AB100,1133,21 101.177 (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, s. 2612 Section 2612. 101.64 (1) of the statutes is amended to read:

AB100,1134,2 101.64 (1) Hold hearings on any matter relating to this subchapter and issue subpoenas to compel the attendance of witnesses and the production of evidence at such hearings. This subsection does not apply to the denial of a license application or a license renewal or the revocation of a license under s. 101.02 (20) (c) or (d).

AB100, s. 2613 Section 2613. 101.84 (1) of the statutes is amended to read:

AB100,1134,7 101.84 (1) Hold hearings on any matter relating to this subchapter and issue subpoenas to compel the attendance of witnesses and the production of evidence at the hearings. This subsection 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. 2614 Section 2614. 102.17 (1) (c) of the statutes is amended to read:

AB100,1135,11 102.17 (1) (c) Either party shall have the right to be present at any hearing, in person or by attorney, or any other agent, and to present such testimony as may be pertinent to the controversy before the department. No person, firm or corporation other than an attorney at law, duly licensed to practice law in the state, may appear on behalf of any party in interest before the department or any member or employe of the department assigned to conduct any hearing, investigation or inquiry relative to a claim for compensation or benefits under this chapter, unless the person is 18 years of age or older, does not have an arrest or conviction record, subject to ss. 111.321, 111.322 and 111.335, is otherwise qualified and has obtained from the department a license with authorization to appear in matters or proceedings before the department. The Except as provided in a memorandum of understanding under par. (cm), the license shall be issued by the department under rules to be adopted by the department. There shall be maintained in the office of the department a current list of persons to whom licenses have been issued. Any license may be suspended or revoked by the department for fraud or serious misconduct and any license may be denied, suspended, nonrenewed or otherwise withheld by the department for failure to pay court-ordered payments as provided in par. (cm) on the part of an agent. Before suspending or revoking the license of the agent on the grounds of fraud or misconduct, the department shall give notice in writing to the agent of the charges of fraud or misconduct, and shall give the agent full opportunity to be heard in relation to the same. In denying, suspending, restricting, refusing to renew or otherwise withholding a license for failure to pay court-ordered payments as provided in par. (cm), the department shall follow the procedure provided in a memorandum of understanding entered into under s. 49.857. The license and certificate of authority shall, unless otherwise suspended or revoked, be in force from the date of issuance until the June 30 following the date of issuance and may be renewed by the department from time to time, but each renewed license shall expire on the June 30 following the issuance thereof.

AB100, s. 2615 Section 2615. 102.17 (1) (cg) of the statutes is created to read:

AB100,1135,15 102.17 (1) (cg) 1. The department shall require each applicant for a license under par. (c) who is an individual to provide the department with his or her social security number when initially applying for or applying to renew the license.

AB100,1135,18 2. The department may not issue or renew a license under par. (c) to or for an applicant who is an individual unless the applicant has provided his or her social security number to the department.

AB100,1135,22 3. The subunit of the department that obtains a social security number under subd. 1. may disclose the social security number only on the request of the subunit of the department that administers the child and spousal support program under s. 49.22 (2m).

AB100, s. 2616 Section 2616. 102.17 (1) (cm) of the statutes is created to read:

AB100,1136,6 102.17 (1) (cm) The department shall deny, suspend, restrict, refuse to renew or otherwise withhold a license under par. (c) for failure of the applicant or agent to pay 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 as provided in a memorandum of understanding entered into under s. 49.857. Notwithstanding par. (c), an action taken under this paragraph is subject to review only as provided in the memorandum of understanding entered into under s. 49.857 and not as provided in ch. 227.

AB100, s. 2617 Section 2617. 102.27 (2) (a) of the statutes is amended to read:

AB100,1136,9 102.27 (2) (a) A benefit under this chapter is assignable under s. 46.10 (14) (e), 301.12 (14) (e), 767.23 (1) (L), 767.25 (4m) (c), 767.265 (1) or 767.51 (3m) (c).

AB100, s. 2618 Section 2618 . 102.27 (2) (a) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:

AB100,1136,14 102.27 (2) (a) A benefit under this chapter is assignable under s. 46.10 (14) (e), 301.12 (14) (e), 767.23 (1) (L), 767.25 (4m) (c), 767.265 (1) or, 767.51 (3m) (c) or 767.62 (4) (b) 3.

AB100, s. 2619 Section 2619. 102.33 (2) (b) 5. of the statutes is created to read:

AB100,1136,17 102.33 (2) (b) 5. The requester is the subunit of the department that administers child and spousal support and the request is made under s. 49.22 (2m).

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

AB100,1136,21 102.87 (2) (e) The maximum forfeiture, penalty assessment, jail assessment, crime laboratories assessment and any applicable uninsured employer assessment for which the defendant is liable.

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

AB100,1137,5 102.87 (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 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, s. 2622 Section 2622. 102.87 (2) (h) of the statutes is amended to read:

AB100,1137,15 102.87 (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 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, s. 2623 Section 2623. 102.87 (3) of the statutes is amended to read:

AB100,1138,2 102.87 (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 assessment, any applicable uninsured employer assessment and costs.

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

AB100,1138,9 102.87 (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 assessment, any applicable uninsured employers assessment and costs not to exceed the amount of the deposit.

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

AB100,1138,21 102.87 (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 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, s. 2626 Section 2626. 102.87 (6) of the statutes is amended to read:

AB100,1139,6 102.87 (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 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, s. 2627 Section 2627. 102.87 (7) (b) of the statutes is amended to read:

AB100,1139,22 102.87 (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 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, s. 2628 Section 2628. 102.87 (7) (c) of the statutes is amended to read:

AB100,1140,10 102.87 (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 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, s. 2629 Section 2629. 102.87 (9) of the statutes is amended to read:

AB100,1140,19 102.87 (9) A department deputy or an officer who collects a forfeiture, penalty assessment, jail assessment, crime laboratories 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, s. 2630 Section 2630. 103.005 (10) of the statutes is amended to read:

AB100,1140,24 103.005 (10) Orders Except as provided in ss. 103.26 (3), 103.275 (2) (bm), 103.72 (3), 103.91 (4) (b), 103.92 (6), 104.07 (5) and 105.13 (2), orders of the department under chs. 103 to 106 shall be subject to review in the manner provided in ch. 227.

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

AB100,1141,5 103.05 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, or any other, purposes.

AB100,1141,8 (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.

AB100,1141,14 (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.

AB100,1141,15 (3) The department shall specify all of the following:

AB100,1141,16 (a) The information that employers must provide under sub. (2) (a).

AB100,1141,18 (b) A number of different ways in which employers may report the information required under sub. (2) (a), including paper and electronic means.

AB100,1141,20 (c) A timetable for the actions and procedures required under the reporting system, including the reporting required under sub. (2) (a).

AB100, s. 2632 Section 2632. 103.25 (1m) of the statutes is created to read:

AB100,1142,2 103.25 (1m) (a) The department or permit officer shall require each applicant for a street trade permit or identification card under sub. (1) who is an individual to provide the department or permit officer with the applicant's social security number when initially applying for or applying to renew the street trade permit or identification card.

AB100,1142,6 (b) The department or permit officer may not issue or renew a street trade permit or identification card under sub. (1) to or for an applicant who is an individual unless the applicant has provided his or her social security number to the department or permit officer.

AB100,1142,10 (c) The subunit of the department or a permit officer that obtains a social security number under subd. 1. may disclose the social security number only on the request of the subunit of the department that administers the child and spousal support program under s. 49.22 (2m).

AB100, s. 2633 Section 2633. 103.26 (3) of the statutes is created to read:

AB100,1142,20 103.26 (3) The department or permit officer shall deny, suspend, restrict, refuse to renew or otherwise withhold a street trade permit authorizing the employment of a minor and identification card of a minor for failure of the minor to pay 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 as provided in a memorandum of understanding entered into under s. 49.857. Notwithstanding s. 103.005 (10), an action taken under this subsection is subject to review only as provided in the memorandum of understanding entered into under s. 49.857 and not as provided in ch. 227.

AB100, s. 2634 Section 2634. 103.275 (2) (b) (intro.) of the statutes is amended to read: