SB146: Bill Text

SB146,77,11 224.77 (6) Restriction or suspension of registration. The department shall restrict or suspend the registration of a mortgage banker, loan originator or loan solicitor mortgage broker if the registrant is an individual who fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings or who 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, as provided in a memorandum of understanding entered into under s. 49.857. A registrant whose registration is restricted or suspended under this subsection is entitled to a notice and hearing only as provided in a memorandum of understanding entered into under s. 49.857 and is not entitled to any other notice or hearing under this section.

Note: This provision was created by 1997 Wis. Act 191 without taking into account 1997 Wis. Act 145 which changed the term "loan solicitor" to "mortgage broker", throughout the statutes.

SB146, s. 256 Section 256. 224.77 (6m) of the statutes, as affected by 1997 Wisconsin Act 237, section 449s, is renumbered 224.77 (8).

Note: Renumbers provision for more logical placement within the section.

SB146, s. 257 Section 257. 224.77 (7) of the statutes, as created by 1997 Wisconsin Act 237, is amended to read:

SB146,77,22 224.77 (7) Revocation for liability for delinquent taxes. The department shall revoke the certificate of registration of a mortgage banker, loan originator or loan solicitor mortgage broker if the department of revenue certifies under s. 73.0301 that the registrant is liable for delinquent taxes. A registrant whose certificate of registration is revoked under this subsection for delinquent taxes is entitled to a notice under s. 73.0301 (2) (b) 1. b. and a hearing under s. 73.0301 (5) (a) but is not entitled to any other notice, hearing or review under this section.

Note: This provision was created by 1997 Wis. Act 237 without taking into account 1997 Wis. Act 145 which changed the term "loan solicitor" to "mortgage broker", throughout the statutes.

SB146, s. 258 Section 258. 229.70 (4) of the statutes is amended to read:

SB146,78,5 229.70 (4) It shall be a goal of a district, with regard to each of the contracts described under sub. (3) (a), (b) and (c), to award at least 25% of the dollar value of such contracts to minority businesses and at least 5% of the dollar value of such contracts to women's businesses.

Note: Inserts "and" for correct grammar.

SB146, s. 259 Section 259. 242.01 (11) of the statutes, as affected by 1997 Wisconsin Act 188, is amended to read:

SB146,78,11 242.01 (11) "Relative" means an individual related by consanguinity within the 3rd degree of kinship as computed under s. 852.03 (2), 1995 stats. 990.001 (16), a spouse or an individual related to a spouse within the 3rd degree as so computed, and includes an individual in an adoptive relationship within the 3rd degree.

Note: Section 852.03 (2), 1995 stats., is recreated as s. 990.001 (16) by this bill for user convenience. See also the note to the treatment of s. 990.001 (16) by this bill.

SB146, s. 260 Section 260. 252.10 (7) of the statutes, as affected by 1997 Wisconsin Acts 75, 156 and 175, is amended to read:

SB146,79,2 252.10 (7) Drugs necessary for the treatment of mycobacterium tuberculosis shall be purchased by the department from the appropriation under s. 20.435 (5) (e) and dispensed to patients through the public health dispensaries or through health care providers, as defined in s. 146.81 (1), other than massage therapists or bodyworkers issued a license of registration under subch. X XI of ch. 440, social workers, marriage and family therapists or professional counselors certified under ch. 457, speech-language pathologists or audiologists licensed under subch. II of ch. 459, speech and language pathologists licensed by the department of public instruction or dietitians certified under subch. V of ch. 448.

Note: Subch. X of ch. 440, as created by 1997 Wis. Act 156, is renumbered subch. XI of ch. 440 by this bill.

SB146, s. 261 Section 261. The treatment of 252.14 (1) (ar) 4m. of the statutes by 1997 Wisconsin Act 75 is not repealed by 1997 Wisconsin Act 175. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 262 Section 262. 252.15 (1) (ar) 1. of the statutes is amended to read:

SB146,79,8 252.15 (1) (ar) 1. A person or entity that is specified in s. 146.81 (1), but does not include a massage therapist or bodyworker issued a license of registration under subch. X XI of ch. 440.

Note: Subch. X of ch. 440, as created by 1997 Wis. Act 156, is renumbered subch. XI of ch. 440 by this bill.

SB146, s. 263 Section 263. 252.15 (1) (eg) of the statutes is amended to read:

SB146,79,13 252.15 (1) (eg) "Relative" means a spouse, parent, grandparent, stepparent, brother, sister, first cousin, nephew or niece; or uncle or aunt within the 3rd degree of kinship as computed under s. 852.03 (2), 1995 stats. 990.001 (16). This relationship may be by consanguinity or direct affinity.

Note: Section 852.03 (2), 1995 stats., is recreated as s. 990.001 (16) by this bill for user convenience. See also the note to the treatment of s. 990.001 (16) by this bill.

SB146, s. 264 Section 264. 252.24 (2) of the statutes is amended to read:

SB146,80,2 252.24 (2) Department; duty. Except as provided in ss. 250.041 and 254.241 252.241, the department shall provide uniform, statewide licensing and regulation of body piercers and uniform, statewide licensing and regulation of body-piercing establishments under this section. The department shall inspect a body-piercing establishment once before issuing a license for the body-piercing establishment under this section and may make additional inspections that the department determines are necessary.

Note: Inserts correct cross-reference. There is no s. 254.241. Section 252.241 relates to the licensing of body piercing establishments.

SB146, s. 265 Section 265. 253.12 (3) (intro.) of the statutes is amended to read:

SB146,80,6 253.12 (3) Departmental powers and duties. (intro.) From the appropriations under s. 20.435 (1) (5) (md) and (8) (n), the department shall perform all of the following for the program under this section:

Note: Inserts correct cross-reference. Section 20.435 (1) (md) was renumbered to s. 20.435 (5) (md) by 1997 Wis. Act 27.

SB146, s. 266 Section 266. The treatment of 281.19 (2) (a) of the statutes by 1997 Wisconsin Act 27 is not repealed by 1997 Wisconsin Act 193. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 267 Section 267. 289.62 (2) (a), (b), (c) and (g) (intro.) of the statutes are amended to read:

SB146,80,12 289.62 (2) (a) Tonnage fee; solid waste. Except as provided under pars. (c) and (g), the tonnage fee imposed by sub. (3) (1) (a) is 1.5 cents per ton for solid waste.

SB146,80,15 (b) Tonnage fee; certain hazardous waste. The tonnage fee imposed by sub. (3) (1) (a) is 15 cents per ton for hazardous wastes other than waste specified under par. (c).

SB146,80,21 (c) Tonnage fee; other waste. Except as provided under par. (g), the tonnage fee imposed by sub. (3) (1) (a) is 1.5 cents per ton for waste consisting of ashes and sludges from electric and process steam generating facilities, sludges produced by waste treatment or manufacturing processes at pulp or paper mills, manufacturing process solid wastes from foundries and sludges produced by municipal wastewater treatment facilities.

SB146,81,3 (g) Tonnage fee; mining waste. (intro.) Notwithstanding pars. (a) to (c), with respect to prospecting or mining waste, the tonnage fee imposed under sub. (3) (1) (a) is:

Note: Inserts correct cross-reference. There is no s. 289.62 (3). Tonnage fees are imposed under s. 289.62 (1) (a).

SB146, s. 268 Section 268. 299.07 (1) (b) 2. of the statutes is amended to read:

SB146,81,7 299.07 (1) (b) 2. If the department is required to obtain the information under s. 299.08 (1) (a), to the department of industry, labor and job workforce development in accordance with a memorandum of understanding under s. 49.857.

Note: The department of industry, labor and job development was renamed the department of workforce development by 1997 Wis. Act 3.

SB146, s. 269 Section 269. 299.08 (1) (b) 1. of the statutes is amended to read:

SB146,81,10 299.08 (1) (b) 1. To the department of industry, labor and job workforce development in accordance with a memorandum of understanding under s. 49.857.

Note: The department of industry, labor and job development was renamed the department of workforce development by 1997 Wis. Act 3.

SB146, s. 270 Section 270. 301.03 (14) of the statutes, as created by 1997 Wisconsin Act 283, is renumbered 301.03 (15).

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 1997 Wis. Act 237 also created an s. 301.03 (14).

SB146, s. 271 Section 271. The treatment of 301.26 (7) (h) of the statutes by 1997 Wisconsin Act 27 is not repealed by 1997 Wisconsin Act 35. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 272 Section 272. 302.372 (6) (d) of the statutes is amended to read:

SB146,82,2 302.372 (6) (d) Before entering a judgment for the county, the court shall consider any legal obligations of the defendant for support or maintenance under ch. 767 and any moral obligation of the defendant to support dependants dependents and may reduce the amount of the judgment entered for the county based on those obligations.

Note: Corrects spelling.

SB146, s. 273 Section 273. 302.425 (2) of the statutes is amended to read:

SB146,82,9 302.425 (2) Sheriff's or superintendent's general authority. Subject to the limitations under sub. (3), a county sheriff or a superintendent of a house or of correction may place in the home detention program any person confined in jail who has been arrested for, charged with, convicted of or sentenced for a crime. The sheriff or superintendent may transfer any prisoner in the home detention program to the jail.

Note: Inserts correct word.

SB146, s. 274 Section 274. The treatment of 303.01 (2) (em) of the statutes by 1997 Wisconsin Act 27 is not repealed by 1997 Wisconsin Act 36. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 275 Section 275. The treatment of 303.065 (1) (b) 2. of the statutes by 1997 Wisconsin Act 283 is not repealed by 1997 Wisconsin Act 326. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 276 Section 276. The treatment of 304.02 (5) of the statutes by 1997 Wisconsin Act 283 is not repealed by 1997 Wisconsin Act 326. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 277 Section 277. The treatments of 304.06 (1) (b) of the statutes by 1997 Wisconsin Act 283 are not repealed by 1997 Wisconsin Act 326. All treatments stand.

Note: There is no conflict of substance.

SB146, s. 278 Section 278. The treatments of 304.071 (2) of the statutes by 1997 Wisconsin Act 283 are not repealed by 1997 Wisconsin Act 326. All treatments stand.

Note: There is no conflict of substance.

SB146, s. 279 Section 279. The treatments of 341.14 (6r) (b) 3. of the statutes by 1997 Wisconsin Act 27 are not repealed by 1997 Wisconsin Act 255. All treatments stand.

Note: There is no conflict of substance.

SB146, s. 280 Section 280. 343.16 (6) (title) of the statutes is amended to read:

SB146,83,4 343.16 (6) (title) Special retesting of licensed operations operators.

Note: Conforms title to statute subject matter.

SB146, s. 281 Section 281. 343.23 (2) (b) of the statutes, as affected by 1997 Wisconsin Acts 84 and 237, is amended to read:

SB146,84,2 343.23 (2) (b) The information specified in par. (a) must be filed by the department so that the complete operator's record is available for the use of the secretary in determining whether operating privileges of such person shall be suspended, revoked, canceled or withheld in the interest of public safety. The record of suspensions, revocations and convictions that would be counted under s. 343.307 (2) shall be maintained for 10 years, except that if there are 2 or more suspensions, revocations or convictions within any 10-year period, the record shall be maintained permanently. The record of convictions for disqualifying offenses under s. 343.315 (2) (h) shall be maintained for at least 10 years. The record of convictions for disqualifying offenses under s. 343.315 (2) (f) shall be maintained for at least 3 years. The record of convictions for disqualifying offenses under s. 343.315 (2) (a) to (e) shall be maintained permanently, except that 5 years after a licensee transfers residency to another state such record may be transferred to another state of licensure of the licensee if that state accepts responsibility for maintaining a permanent record of convictions for disqualifying offenses. Such reports and records may be cumulative beyond the period for which a license is granted, but the secretary, in exercising the power of suspension granted under s. 343.32 (2) may consider only those reports and records entered during the 4-year period immediately preceding the exercise of such power of suspension or revocation.

Note: 1997 Wis. Act 84 deleted "revocation" from the referred to power under s. 343.32 (2) and in this provision.

SB146, s. 282 Section 282. The treatment of 343.30 (2d) of the statutes by 1997 Wisconsin Act 84 is not repealed by 1997 Wisconsin Act 283. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 283 Section 283. 343.305 (6) (e) 3. b. of the statutes is amended to read:

SB146,84,9 343.305 (6) (e) 3. b. The licensor may not disclose any information received under subd. 2. a. or b. except to the department of industry, labor and job workforce development for purposes of administering s. 49.22 or the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

Note: The department of industry, labor and job development was renamed the department of workforce development by 1997 Wis. Act 3.

SB146, s. 284 Section 284. 343.44 (2s) (title) of the statutes is created to read:

SB146,84,11 343.44 (2s) (title) Citations.

Note: All other s. 344.44 subsections have titles.

SB146, s. 285 Section 285. The treatment of 343.50 (8) (b) of the statutes by 1997 Wisconsin Act 119 is not repealed by 1997 Wisconsin Act 191. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 286 Section 286. 343.61 (2) (b) of the statutes is amended to read:

SB146,84,19 343.61 (2) (b) The department of transportation may not disclose any information received under par. (a) 1. or 2. to any person except to the department of industry, labor and job workforce development for purposes of administering s. 49.22 or the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

Note: The department of industry, labor and job development was renamed the department of workforce development by 1997 Wis. Act 3.

SB146, s. 287 Section 287. The treatment of 345.47 (1) (b) of the statutes by 1997 Wisconsin Act 84 is not repealed by 1997 Wisconsin Act 237. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 288 Section 288. The treatment of 346.65 (5m) of the statutes by 1997 Wisconsin Act 135 is not repealed by 1997 Wisconsin Act 277. Both treatments stand.

Note: There is no conflict of substance.