2001 Wisconsin Act 16

16,2449t Section 2449t. 101.123 (8) (a) of the statutes is amended to read:

101.123 (8) (a) Any person who wilfully violates sub. (2) (a), (am) 1. or, (bm), or (br) after being advised by an employee of the facility that smoking in the area is prohibited or any person in charge or his or her agent who wilfully fails to comply with sub. (5) shall forfeit not more than $10.

16,2464f Section 2464f. 101.143 (1) (e) 3. of the statutes is created to read:

101.143 (1) (e) 3. A person who formerly owned a farm tank and who satisfies the criteria in sub. (4) (ei) 1m. b.

16,2468p Section 2468p. 101.143 (4) (a) 2. of the statutes is renumbered 101.143 (4) (a) 2. (intro.) and amended to read:

101.143 (4) (a) 2. (intro.) The department may not issue an award before all eligible costs have been incurred and written approval is received under sub. (3) (c) 4., unless except as follows:

a. The department may issue an award before all eligible costs have been incurred and written approval is received under sub. (3) (c) 4. if the department determines that the delay in issuing the award would cause a financial hardship to the owner or operator or the person.

16,2468r Section 2468r. 101.143 (4) (a) 2. b. of the statutes is created to read:

101.143 (4) (a) 2. b. The department shall issue an award if the owner or operator or the person has incurred at least $50,000 in unreimbursed eligible costs and has not submitted a claim during the preceding 12 months.

16,2469 Section 2469. 101.143 (4) (a) 6. of the statutes is amended to read:

101.143 (4) (a) 6. 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 petroleum product storage systems described in par. (ei) 1.

16,2470 Section 2470. 101.143 (4) (b) (intro.) of the statutes is amended to read:

101.143 (4) (b) Eligible costs. (intro.) Except as provided in par. (c) or (cc), eligible costs for an award under par. (a) include actual costs or, if the department establishes a usual and customary cost under par. (cm) for an item, usual and customary costs for the following items:

16,2470p Section 2470p. 101.143 (4) (c) 8. (intro.) and a. of the statutes are consolidated, renumbered 101.143 (4) (c) 8. and amended to read:

101.143 (4) (c) 8. Interest costs incurred by an applicant that exceed interest at the following rate: a. If the applicant has gross revenues of not more than $25,000,000 in the most recent tax year before the applicant submits a claim, 1% under the prime rate.

16,2470r Section 2470r. 101.143 (4) (c) 8. d. of the statutes is repealed.

16,2471 Section 2471. 101.143 (4) (cc) of the statutes is created to read:

101.143 (4) (cc) Ineligibility for interest reimbursement. 1. a. Except as provided in subd. 1m. or 2., if an applicant's final claim is submitted more than 120 days after receiving written notification that no further remedial action is necessary with respect to the discharge, interest costs incurred by the applicant after the 60th day after receiving that notification are not eligible costs.

c. Except as provided in subd. 2., if an applicant does not complete the investigation of the petroleum product discharge by the first day of the 61st month after the month in which the applicant notified the department under sub. (3) (a) 3. or the first day of the 25th month beginning after the effective date of subd. 1. a., whichever is later, interest costs incurred by the applicant after the later of those days are not eligible costs.

1m. If an applicant received written notification that no further remedial action is necessary with respect to a discharge before the effective date of this subdivision .... [revisor inserts date], and the applicant's final claim is submitted more than 120 days after the effective date of this subdivision .... [revisor inserts date], interest costs incurred by the applicant after the 120th day after the effective date of this subdivision .... [revisor inserts date], are not eligible costs.

2. Subdivision 1. does not apply to any of the following:

a. An applicant that is a local unit of government, if federal or state financial assistance other than under this section, has been provided for that expansion or redevelopment.

b. An applicant that is engaged in the expansion or redevelopment of brownfields, as defined in s. 560.13 (1) (a), if federal or state financial assistance other than under this section, has been provided for that expansion or redevelopment.

16,2472 Section 2472. 101.143 (4) (d) 2. c. of the statutes is amended to read:

101.143 (4) (d) 2. c. For an owner or operator of a petroleum product storage system described in par. (ei) 1., $100,000.

16,2473 Section 2473. 101.143 (4) (dm) 2. c. of the statutes is amended to read:

101.143 (4) (dm) 2. c. For the owner or operator of a petroleum product storage system that is described in par. (ei) 1., $2,500 plus 5% of eligible costs per occurrence.

16,2474 Section 2474. 101.143 (4) (dm) 3. c. of the statutes is amended to read:

101.143 (4) (dm) 3. c. For an owner or operator of a petroleum product storage system described in par. (ei) 1., $100,000.

16,2475 Section 2475. 101.143 (4) (e) 2. of the statutes is amended to read:

101.143 (4) (e) 2. The department shall issue the award under this paragraph without regard to fault in an amount equal to the amount of the eligible costs that exceeds a deductible amount of $10,000, except that the deductible amount for a petroleum product storage system that is owned by a school district or a technical college district and that is used for storing heating oil for consumptive use on the premises where stored is 25% of eligible costs and except that the deductible for a petroleum product storage system that is described in par. (ei) 1. is $2,500 plus 5% of the eligible costs, but not more than $7,500 per occurrence without regard to when the eligible costs are incurred.

16,2476 Section 2476. 101.143 (4) (e) 2m. of the statutes is amended to read:

101.143 (4) (e) 2m. An award issued under this paragraph may not exceed $190,000 for each occurrence, except that an award under this paragraph to the owner or operator of a petroleum product storage system described in par. (ei) 1. may not exceed $100,000 per occurrence.

16,2477 Section 2477. 101.143 (4) (ei) 1. (intro.) of the statutes is renumbered 101.143 (4) (ei) (intro.).

16,2478 Section 2478. 101.143 (4) (ei) 1. a. of the statutes is renumbered 101.143 (4) (ei) 1m. a. and amended to read:

101.143 (4) (ei) 1m. a. The owner or operator of the farm tank owns a parcel of 35 or more acres of contiguous land, on which the farm tank is located, which is devoted primarily to agricultural use, as defined in s. 91.01 (1), including land designated by the department of natural resources as part of the ice age trail under s. 23.17, which during the year preceding submission of a first claim under sub. (3) produced gross farm profits, as defined in s. 71.58 (4), of not less than $6,000 or which, during the 3 years preceding that submission produced gross farm profits, as defined in s. 71.58 (4), of not less than $18,000, or a parcel of 35 or more acres, on which the farm tank is located, of which at least 35 acres, during part or all of the year preceding that submission, were enrolled in the conservation reserve program under 16 USC 3831 to 3836.

16,2479 Section 2479. 101.143 (4) (ei) 1. b. of the statutes is renumbered 101.143 (4) (ei) 2m.

16,2480 Section 2480. 101.143 (4) (ei) 1m. (intro.) of the statutes is created to read:

101.143 (4) (ei) 1m. (intro.) One of the following conditions is satisfied:

16,2481b Section 2481b. 101.143 (4) (ei) 1m. b. of the statutes is created to read:

101.143 (4) (ei) 1m. b. The claim is submitted by a person who, at the time that the notification was made under sub. (3) (a) 3., was the owner of the farm tank and owned a parcel of 35 or more acres of contiguous land, on which the farm tank is or was located, which was devoted primarily to agricultural use, as defined in s. 91.01 (1), including land designated by the department of natural resources as part of the ice age trail under s. 23.17, which during the year preceding that notification produced gross farm profits, as defined in s. 71.58 (4), of not less than $6,000 or which, during the 3 years preceding that notification, produced gross farm profits, as defined in s. 71.58 (4), of not less than $18,000, or a parcel of 35 or more acres, on which the farm tank is located, of which at least 35 acres, during part or all of the year preceding that notification, were enrolled in the conservation reserve program under 16 USC 3831 to 3836.

16,2482 Section 2482. 101.143 (4) (ei) 2. of the statutes is renumbered 101.143 (4) (a) 5m. and amended to read:

101.143 (4) (a) 5m. The department shall review claims related to discharges from farm tanks described in subd. 1. par. (ei) as soon as the claims are received. The department shall issue an award for an eligible discharge from a farm tank described in subd. 1. par. (ei) as soon as it completes the review of the claim.

16,2483k Section 2483k. 101.143 (6s) of the statutes is amended to read:

101.143 (6s) Arbitration. Upon the request of a person who files an appeal of a decision of the department under this section, if the amount at issue is $20,000 $100,000 or less, the appeal shall be heard by one or more individuals designated by the department to serve as arbitrator under rules promulgated for this purpose by the department. In such an arbitration, the arbitrator shall render a decision at the conclusion of the hearing, or within 5 business days after the conclusion of the hearing if the arbitrator determines that additional time is needed to review materials submitted during the hearing, affirming, modifying or rejecting the decision of the department. The arbitrator shall promptly file his or her decision with the department. The decision of the arbitrator is final and shall stand as the decision of the department. An arbitrator's decision may not be cited as precedent in any other proceeding before the department or before any court. A decision under this subsection is subject to review under ss. 227.53 to 227.57 only on the ground that the decision was procured by corruption, fraud or undue means. The record of a proceeding under this subsection shall be transcribed as provided in s. 227.44 (8).

16,2485 Section 2485. 101.143 (9m) (g) 2. of the statutes is amended to read:

101.143 (9m) (g) 2. Revenue obligations issued under this subsection may not exceed $270,000,000 $342,000,000 in principal amount, excluding any obligations that have been defeased under a cash optimization program administered by the building commission. In addition to this limit on principal amount, the building commission may contract revenue obligations under this subsection as the building commission determines is desirable to fund or refund outstanding revenue obligations, to pay issuance or administrative expenses, to make deposits to reserve funds, or to pay accrued or capitalized interest.

16,2490 Section 2490. 101.19 (1) (b) of the statutes is amended to read:

101.19 (1) (b) The required inspection of boilers, pressure vessels, refrigeration plants, petroleum and liquefied petroleum gas vessels, anhydrous ammonia tanks and containers, elevators, ski towing and lift devices, escalators, dumbwaiters, and amusement or thrill rides but not of amusement attractions.

16,2490b Section 2490b. 101.19 (1) (ig) of the statutes is created to read:

101.19 (1) (ig) Authorizing crane operator certification programs under s. 101.22 (2).

16,2490f Section 2490f. 101.22 of the statutes is created to read:

101.22 Crane operators. (1) Definition. In this section, "crane" means a power-operated hoisting machine that is used in construction, demolition, or excavation work, that has a power-operated winch and load line, and that has a power-operated boom that moves laterally by the rotation of the machine on a carrier. "Crane" does not include a forklift, a digger derrick truck, a bucket truck, a boom truck used for sign erection, or a machine with a movable bridge carrying a movable or fixed hoisting mechanism and traveling on an overhead, fixed, runway structure.

(2) Certification. (a) Certification required. Except as provided in sub. (5), no individual may operate a crane with a lifting capacity of 15 tons or more in this state without a valid crane operator certificate, received from a crane operator certification program authorized by the department under sub. (3).

(b) Employer liability. No employer may permit an employee to perform work in violation of par. (a).

(c) Contractor and subcontractor liability. No person who is under a contract to construct an improvement to land may permit an agent of the person, or an independent contractor under contract with the person, to perform work on the improvement in violation of par. (a).

(3) Certification programs. (a) Generally. Except as provided in sub. (4), the department shall administer a program under which the department authorizes crane operator certification programs to grant certificates that satisfy sub. (2) (a).

(b) Required components of certification programs. The department may authorize a crane operator certification program only if all of the following are satisfied:

1. The program requires an individual who is applying for a certificate to satisfactorily complete a written examination regarding safe crane operation.

2. The program requires an individual who is applying for a certificate to meet physical standards necessary for safe crane operation, consistent with any national standard that the department determines is appropriate.

3. The program requires an individual who is applying for a certificate to satisfactorily complete a practical examination regarding safe crane operation, unless the individual is applying for recertification and provides sufficient evidence that the individual has safely completed at least 1,000 hours of crane operation during the 5-year period before the date of the application for recertification.

4. The program is consistent with any applicable certification and recertification requirements established by the federal occupational safety and health administration and, to the extent feasible, the National Commission for the Certification of Crane Operators.

5. The program issues a crane operator certificate that has a term of 5 years.

(c) Rules. The department shall promulgate rules to administer the program established under par. (a).

(d) List. The department shall maintain a list of crane operator certification programs authorized by the department.

(4) Federal approval. The department shall submit to the federal secretary of labor a plan for the certification of crane operators under this section, if required to do so under 29 USC 667 (b), and shall request the federal secretary of labor to approve the plan. The plan submitted by the department shall be consistent with all of the provisions of this section. If no approval is required under 29 USC 667 (b) or if an approval that is consistent with all of the provisions of this section is granted and in effect, the department shall implement the program under this section. If approval is required under 29 USC 667 (b), the department may not implement the program under this section unless an approval that is consistent with all of the provisions of this section is granted and in effect.

(5) Exceptions. (a) Lack of federal approval. Subsection (2) (a) does not apply if approval of the department's plan for the certification of crane operators is required under 29 USC 667 (b) but is not granted and in effect.

(b) Other exceptions. Subsection (2) (a) does not apply to any of the following:

1. An individual who is receiving training as a crane operator, if the individual is under the direct supervision of a crane operator who holds a valid crane operator certificate, received from a crane operator certification program authorized by the department under sub. (3).

2. An individual who is a member of a uniformed service, as defined in s. 6.22 (1) (c), or who is a member of the U.S. merchant marine, if the individual is performing work for the uniformed service of which the individual is a member or for the U.S. merchant marine, respectively.

3. An individual who is operating a crane for personal use on a premises that is owned or leased by the individual.

4. An individual who is operating a crane in an attempt to remedy an emergency.

5. An individual who is an employee or subcontractor of a public utility, as defined in s. 196.01 (5), a cooperative association organized under ch. 185 for the purpose of producing or furnishing heat, light, power, or water to its members only, a telecommunications carrier, as defined in s. 196.01 (8m), a commercial mobile radio service provider, as defined in s. 196.01 (2g), or an alternative telecommunications utility under s. 196.01 (1d) (f), and who is operating a crane within the scope of his or her employment or contract.

6. An individual who is operating a crane in the construction, operation, or maintenance of an electric substation.

7. An individual who is affected by a collective bargaining agreement that contains provisions that are inconsistent with sub. (2) (a).

(6) Penalties. Any person who violates sub. (2) may be fined not more than $500 or imprisoned for not more than 3 months or both.

16,2490r Section 2490r. 101.563 of the statutes is created to read:

101.563 Administration of fire dues program pending rule changes. (1) Entitlement to dues. Notwithstanding ss. 101.573 (3) (a) and 101.575 (1) and (3) to (5) and except as provided in sub. (3), the department may not withhold payment of fire department dues under ss. 101.573 and 101.575 to a city, village, or town based upon the failure of that city, village, or town to satisfy all eligibility requirements under s. 101.575 (1) and (3) to (5) or to demonstrate to the department that the city, village, or town is eligible under s. 101.575 (1) and (3) to (5) to receive fire department dues.

(2) Distribution of dues. Notwithstanding s. 101.573 (3) (a) and except as provided in sub. (3), on or before May 1 in each year, the department shall compile the fire department dues paid by all insurers under s. 601.93 and the dues paid by the state fire fund under s. 101.573 (1) and funds remaining under s. 101.573 (3) (b), withhold 0.5% and certify to the state treasurer the proper amount to be paid from the appropriation under s. 20.143 (3) (L) to each city, village, and town entitled to fire department dues as provided under sub. (1) and s. 101.575. Annually, on or before August 1, the state treasurer shall pay the amounts certified by the department to each city, village, and town that is entitled to fire department dues as provided under sub. (1) and s. 101.575.

(3) Sunset provision. (a) This section does not apply on or after the date on which changes to the rules of the department of commerce relating to eligibility to receive payments of fire department dues first take effect, if all of the following are satisfied:

1. The changes are promulgated in consultation with the representatives of the Wisconsin fire service and volunteer fire departments in this state.

2. The changes are based on recommendations of the joint legislative audit committee that are derived from a legislative audit bureau performance evaluation audit of the department that relates to the payment of fire department dues and that is conducted at the direction of the joint legislative audit committee.

3. The changes are approved by the joint legislative audit committee before the date on which the changes take effect.

(b) When filing rules that are promulgated and approved in satisfaction of par. (a) 1. to 3. with the revisor of statutes under s. 227.20, the department shall include a separate statement indicating that the rules were promulgated and approved in satisfaction of par. (a) 1. to 3.

16,2495m Section 2495m. 101.573 (4) of the statutes is amended to read:

101.573 (4) The department shall transmit to the treasurer of each city, village, and town entitled to fire department dues, a statement of the amount of dues payable to it under this section, and the commissioner of insurance shall furnish to the state treasurer, upon request, a list of the insurers paying dues under s. 601.93 and the amount paid by each.

16,2497m Section 2497m. 101.575 (1) (am) of the statutes is amended to read:

101.575 (1) (am) If the department determines that a city, village, or town fire department has failed to satisfy the requirements of this subsection or subs. (3) to (6), the department shall notify the chief of the fire department, the governing body, and the highest elected official of the city, village, or town, in writing, that the fire department has 30 days to demonstrate to the department that the failure has been corrected. If the fire department makes this demonstration within the 30-day period, the department shall pay dues for that calendar year to the city, village, or town. If the fire department fails to make this demonstration within the 30-day period, the department shall nonetheless pay dues for that calendar year to that city, village, or town. The department and shall issue a notice of noncompliance to the chief of the fire department, the governing body, and the highest elected official of the city, village, or town. If the fire department cannot demonstrate to the department that the fire department has met all requirements within one year after receipt of the notice of noncompliance or prior to the next audit by the department, whichever is later, the city, village, or town shall not be entitled to dues under par. (a) for that year in which the city, village, or town becomes not entitled to dues and for all subsequent calendar years until the requirements are met.

16,2532 Section 2532. Subchapter V (title) of chapter 101 [precedes 101.91] of the statutes is amended to read: