SB45: Bill Text

SB45, s. 2169 Section 2169. 138.056 (1) (a) 4. a. of the statutes is amended to read:

SB45,1021,15 138.056 (1) (a) 4. a. The division of savings and loan institutions, if the lender is a savings and loan association or savings bank;

SB45, s. 2170 Section 2170. 138.12 (5) (a) of the statutes is amended to read:

SB45,1021,19 138.12 (5) (a) The commissioner division may revoke or suspend the license of any insurance premium finance company if the commissioner division finds that any of the following:

SB45,1021,20 1. Any license issued to such company was obtained by fraud,.

SB45,1021,21 2. There was any misrepresentation in the application for the license ,.

SB45,1021,23 3. The holder of such license has otherwise shown himself or herself untrustworthy or incompetent to act as a premium finance company,.

SB45,1021,24 4. Such The company has violated any provision of this section, or.

SB45,1022,4 5. Such The company has been rebating part of the service charge as allowed and permitted herein to any insurance agent or insurance broker or any employe of an insurance agent or insurance broker or to any other person as an inducement to the financing of any insurance policy with the premium finance company.

SB45, s. 2171 Section 2171. 139.30 (5) of the statutes is amended to read:

SB45,1022,7 139.30 (5) "Indian tribe" means a federally recognized American Indian tribe or band in this state.

SB45, s. 2172 Section 2172. 139.323 (intro.) of the statutes is amended to read:

SB45,1022,13 139.323 Refunds to Indian tribes. (intro.) The department shall refund 70% 50% of the taxes collected under s. 139.31 (1) in respect to sales on reservations or trust lands of an Indian tribe to the tribal council of the tribe having jurisdiction over the reservation or trust land on which the sale is made if all of the following conditions are fulfilled:

SB45, s. 2173 Section 2173. 139.75 (4d) of the statutes is created to read:

SB45,1022,15 139.75 (4d) "Enrolled member" has the meaning given in s. 139.30 (4).

SB45, s. 2174 Section 2174. 139.75 (4p) of the statutes is created to read:

SB45,1022,17 139.75 (4p) "Indian tribe" has the meaning given in s. 139.30 (5).

SB45, s. 2175 Section 2175. 139.75 (6m) of the statutes is created to read:

SB45,1022,19 139.75 (6m) "Reservation" has the meaning given in s. 139.30 (9).

SB45, s. 2176 Section 2176. 139.76 (1) of the statutes is amended to read:

SB45,1023,7 139.76 (1) An occupational excise tax is imposed upon the sale, offering or exposing for sale, possession with intent to sell or removal for consumption or sale or other disposition for any purpose of tobacco products by any person engaged as a distributor of them at the rate of 20% of the manufacturer's established list price to distributors without diminution by volume or other discounts on domestic products. On products imported from another country the rate of tax is 20% of the amount obtained by adding the manufacturer's list price to the federal tax, duties and transportation costs to the United States. The tax attaches at the time the tobacco products are received by the distributor in this state. The tax shall be passed on to the ultimate consumer of the tobacco products. All tobacco products received in this state for sale or distribution within this state, except tobacco products actually sold as provided in sub. (2), shall be subject to such tax.

SB45, s. 2177 Section 2177. 139.76 (2) of the statutes is amended to read:

SB45,1023,16 139.76 (2) Tobacco products sold to or by post exchanges of the U.S. armed forces, to or by federally or state-operated veterans hospitals in this state, and tobacco products sold to an interstate carrier of passengers for hire to be resold to bona fide passengers actually being transported and tobacco products sold for shipment outside this state in interstate commerce are not subject to the tax. The tax imposed by sub. (1) and s. 139.78 shall not apply with respect to any tobacco products which under the constitution and laws of the United States may not be taxed by this state.

SB45, s. 2178 Section 2178. 139.803 of the statutes is created to read:

SB45,1023,22 139.803 Refunds to Indian tribes. The department shall refund 50% of the taxes collected under s. 139.76 (1) in respect to sales on reservations or trust lands of an Indian tribe to the tribal council of the tribe having jurisdiction over the reservation or trust land on which the sale is made if all of the following conditions are fulfilled:

SB45,1023,23 (1) The tribal council has filed a claim for the refund with the department.

SB45,1023,24 (2) The tribal council has approved the retailer.

SB45,1024,2 (3) The land on which the sale occurred was designated a reservation or trust land on or before January 1, 1983.

SB45,1024,4 (4) The tobacco products were not delivered by the retailer to the buyer by means of a common carrier, a contract carrier or the U.S. postal service.

SB45,1024,6 (5) The retailer has not sold the tobacco products to another retailer or to a subjobber.

SB45, s. 2179 Section 2179. 139.805 of the statutes is created to read:

SB45,1024,11 139.805 Agreements with Indian tribes. The department may enter into agreements with Indian tribes to provide for the refunding of the tobacco products tax imposed under s. 139.76 (1) on tobacco products sold on reservations to enrolled members of the tribe residing on the tribal reservation.

SB45, s. 2180 Section 2180. 139.82 (7) of the statutes is created to read:

SB45,1024,14 139.82 (7) The department may inspect the business records of any retailer doing business on a reservation or on an Indian tribe's trust land.

SB45, s. 2181 Section 2181. 139.82 (8) of the statutes is created to read:

SB45,1024,18 139.82 (8) Each distributor shall collect and remit the excise tax imposed by s. 139.76 (1) on tobacco products not exempt from the tobacco products tax under s. 139.76 (2), with the reports required to be filed under this section.

SB45, s. 2182 Section 2182. 139.85 (1) of the statutes is amended to read:

SB45,1024,23 139.85 (1) The interest and penalties under s. 139.44 (2) to (7) and (9) to (12) apply to this subchapter. In addition, a person who violates s. 139.82 (8) shall be fined not less than $1,000 nor more than $5,000 or imprisoned for not less than 90 days nor more than one year or both.

SB45, s. 2183 Section 2183. 145.01 (4m) of the statutes is amended to read:

SB45,1025,2 145.01 (4m) Failing private small sewage system. "Failing private small sewage system" has the meaning specified under s. 145.245 (4).

SB45, s. 2184 Section 2184. 145.01 (5) of the statutes is amended to read:

SB45,1025,8 145.01 (5) Governmental unit responsible for regulation of private small sewage systems. "Governmental unit responsible for the regulation of private small sewage systems" or "governmental unit", unless otherwise qualified, means the county except that in a county with a population of 500,000 or more these terms mean the city, village or town where the private small sewage system is located.

SB45, s. 2185 Section 2185. 145.01 (10) (b) of the statutes is amended to read:

SB45,1025,14 145.01 (10) (b) The construction, connection or installation of any drain or waste piping system from the outside or proposed outside foundation walls of any building to the mains or other sewage system terminal within bounds of, or beneath an area subject to easement for highway purposes, including private small sewage systems, and the alteration of any such systems, drains or waste piping.

SB45, s. 2186 Section 2186. 145.01 (12) of the statutes is repealed.

SB45, s. 2187 Section 2187. 145.01 (14m) of the statutes is created to read:

SB45,1025,18 145.01 (14m) Small sewage system. "Small sewage system" means one of the following:

SB45,1025,20 (a) Any holding tank that is connected to a building, drain or waste piping system.

SB45,1025,23 (b) Any wastewater treatment and disposal system with a final point of discharge that is below the surface of the ground and with an estimated design flow that does not exceed the maximum design flow specified under s. 145.02 (4) (c).

SB45, s. 2188 Section 2188. 145.02 (4) (c) of the statutes is created to read:

SB45,1026,3 145.02 (4) (c) The department, in cooperation with the department of natural resources, shall promulgate rules specifying the maximum design flow for small sewage systems with a final point of discharge that is below the surface of the ground.

SB45, s. 2189 Section 2189. 145.04 (3) of the statutes is repealed.

SB45, s. 2190 Section 2190. 145.045 (3) of the statutes is repealed.

SB45, s. 2191 Section 2191. 145.10 of the statutes is repealed and recreated to read:

SB45,1026,10 145.10 Denials, suspensions and revocations. The department shall promulgate rules for the denial, suspension and revocation of master or journeyman plumber licenses, cross-connection control tester registrations and utility contractor licenses or temporary permits.

SB45, s. 2192 Section 2192. 145.135 of the statutes is repealed.

SB45, s. 2193 Section 2193. 145.19 of the statutes is repealed and recreated to read:

SB45,1026,16 145.19 Sanitary permits. (1) Definitions. In this section, "sanitary permit" means a permit issued by the department or any governmental unit responsible for the regulation of private sewage systems that authorizes the installation of a private sewage system.

SB45,1026,23 (2) Validity. (a) No person may install a private sewage system unless the owner of the property on which the private sewage system is to be installed holds a valid sanitary permit. A sanitary permit is valid for 2 years from the date of issue, notwithstanding any change in the state plumbing code or in any private sewage system ordinance during that period, and is renewable for 2-year periods. A renewal of a sanitary permit is governed by the rules in effect at the time the renewal is sought.

SB45,1027,3 (b) A holder of a sanitary permit may transfer the sanitary permit to a subsequent owner of the land, except that the subsequent owner shall obtain a new copy of the sanitary permit from the issuing agent.

SB45,1027,5 (3) Notice. A sanitary permit shall include a notice displayed conspicuously and separately on the permit form to inform the permit holder that:

SB45,1027,7 (a) The purpose of the sanitary permit is to allow installation of the private sewage system described in the permit.

SB45,1027,9 (b) The approval of the sanitary permit is based on rules in force on the date of approval.

SB45,1027,10 (c) The sanitary permit is valid and may be renewed for a 2-year period.

SB45,1027,12 (d) Changed rules will not impair the validity of a sanitary permit, but they may impede renewal.

SB45,1027,13 (e) The sanitary permit is transferable.

SB45,1027,17 (4) Information on sanitary permits; forms. (a) The department shall prescribe the information to be included on the sanitary permit and shall furnish sanitary permit forms to the governmental unit responsible for the regulation of private sewage systems.

SB45,1027,23 (b) The applicant for a sanitary permit shall submit a completed sanitary permit application to the governmental unit responsible for the regulation of private sewage systems or the department. The governmental unit responsible for the regulation of private sewage systems or the department, whichever is appropriate, shall approve or disapprove the sanitary permit application according to the rules promulgated by the department under ss. 145.02 and 145.13.

SB45,1028,3 (5) Fee. No fee for a sanitary permit may be less than $61, or the amount determined under department rule. The governing body for the governmental unit responsible for the regulation of private sewage systems may establish a fee for a sanitary permit which is more than $61, or the amount determined under department rule.

SB45,1028,7 (6) Copy of permit forwarded to the department. The governmental unit responsible for the regulation of private sewage systems shall forward a copy of each valid sanitary permit and $20, or the amount determined under department rule, of the fee to the department within 90 days after the permit is issued.

SB45,1028,10 (7) Use of fee. The governmental unit responsible for the regulation of private sewage systems shall use the portion of the fee it retains for the administration of private sewage system programs.

SB45,1028,12 (8) Fee adjustment. The department may by rule adjust the minimum permit fee under sub. (5) and the fee portion forwarded under sub. (6).

SB45,1028,18 (9) Groundwater fee. In addition to the fee under sub. (5), the governmental unit responsible for the regulation of private sewage systems or the department shall collect a groundwater fee of $25 for each sanitary permit. The governmental unit shall forward this fee to the department together with the copy of the sanitary permit and the fee under sub. (6). The moneys collected under this subsection shall be credited to the environmental fund for environmental management.

SB45, s. 2194 Section 2194. 145.19 (1), (2) (a), (3) (a), (4) to (7) and (9) of the statutes, as affected by 1999 Wisconsin Act .... (this act), are amended to read:

SB45,1028,24 145.19 (1) Definitions. In this section, "sanitary permit" means a permit issued by the department or any governmental unit responsible for the regulation of private small sewage systems that authorizes the installation of a private small sewage system.

SB45,1029,7 (2) (a) No person may install a private small sewage system unless the owner of the property on which the private small sewage system is to be installed holds a valid sanitary permit. A sanitary permit is valid for 2 years from the date of issue, notwithstanding any change in the state plumbing code or in any private small sewage system ordinance during that period, and is renewable for 2-year periods. A renewal of a sanitary permit is governed by the rules in effect at the time the renewal is sought.

SB45,1029,9 (3) (a) The purpose of the sanitary permit is to allow installation of the private small sewage system described in the permit.

SB45,1029,13 (4) Information on sanitary permits; forms. (a) The department shall prescribe the information to be included on the sanitary permit and shall furnish sanitary permit forms to the governmental unit responsible for the regulation of private small sewage systems.

SB45,1029,19 (b) The applicant for a sanitary permit shall submit a completed sanitary permit application to the governmental unit responsible for the regulation of private small sewage systems or the department. The governmental unit responsible for the regulation of private small sewage systems or the department, whichever is appropriate, shall approve or disapprove the sanitary permit application according to the rules promulgated by the department under ss. 145.02 and 145.13.

SB45,1029,24 (5) Fee. No fee for a sanitary permit may be less than $61, or the amount determined under department rule. The governing body for the governmental unit responsible for the regulation of private small sewage systems may establish a fee for a sanitary permit which is more than $61, or the amount determined under department rule.

SB45,1030,4 (6) Copy of permit forwarded to the department. The governmental unit responsible for the regulation of private small sewage systems shall forward a copy of each valid sanitary permit and $20, or the amount determined under department rule, of the fee to the department within 90 days after the permit is issued.

SB45,1030,7 (7) Use of fee. The governmental unit responsible for the regulation of private small sewage systems shall use the portion of the fee it retains for the administration of private small sewage system programs.

SB45,1030,14 (9) Groundwater fee. In addition to the fee under sub. (5), the governmental unit responsible for the regulation of private small sewage systems or the department shall collect a groundwater fee of $25 for each sanitary permit. The governmental unit shall forward this fee to the department together with the copy of the sanitary permit and the fee under sub. (6). The moneys collected under this subsection shall be credited to the environmental fund for environmental management.

SB45, s. 2195 Section 2195. 145.20 (title) of the statutes is amended to read:

SB45,1030,16 145.20 (title) Private Small sewage systems.

SB45, s. 2196 Section 2196. 145.20 (1) of the statutes is amended to read:

SB45,1030,22 145.20 (1) Organization and personnel. (a) The governing body of the governmental unit responsible for the regulation of private small sewage systems may assign the duties of administering the private small sewage system program to any office, department, committee, board, commission, position or employe of that governmental unit.

SB45,1031,4 (am) The governing body of the governmental unit responsible for the regulation of private small sewage systems may delegate the duties of administering the private small sewage system program to a town sanitary district or public inland lake protection and rehabilitation district with the powers of a town sanitary district within the town sanitary district or public inland lake protection and rehabilitation district if the town sanitary district or public inland lake protection and rehabilitation district agrees to assume those duties.

SB45,1031,7 (b) The governmental unit responsible for the regulation of private small sewage systems shall obtain the services of a certified soil tester, either as an employe or under contract, to review and verify certified soil tester reports under sub. (2).