AB100-engrossed,890,1914
440.92
(6) (a) Every preneed seller
registered licensed under sub. (1) shall file
15an annual report with the
department board. The report shall be made on a form
16prescribed and furnished by the
department board. The report shall be made on a
17calendar-year basis unless the
department board, by rule, provides for other
18reporting periods. The report is due on or before the 60th day after the last day of
19the reporting period.
AB100-engrossed,890,2520
(d) All records described under pars. (b) 2. and (c) and maintained by the
21department board are confidential and are not available for inspection or copying
22under s. 19.35 (1). This paragraph does not apply to any information regarding the
23name, address or employer of or financial information related to an individual that
24is requested under s. 49.22 (2m) by the department of workforce development or a
25county child support agency under s. 59.53 (5).
AB100-engrossed,891,2
1(e) The
department board shall review each report filed under par. (a) to
2determine whether the preneed seller is complying with this section.
AB100-engrossed,891,73
(h) The records under par. (b) 1. shall be permanently maintained by the
4preneed seller. The records under par. (b) 2. shall be maintained for not less than 3
5years after all of the obligations of the preneed sales contract have been fulfilled. The
6department board may promulgate rules to establish longer time periods for
7maintaining records under this paragraph.
AB100-engrossed,891,108
(i) The
department board may promulgate rules requiring preneed sellers
9registered licensed under sub. (1) to maintain other records and establishing
10minimum time periods for the maintenance of those records.
AB100-engrossed,891,1711
(j) The
department board may audit, at reasonable times and frequency, the
12records, trust funds and accounts of any preneed seller
registered licensed under sub.
13(1), including records, trust funds and accounts pertaining to services provided by a
14preneed seller which are not otherwise subject to the requirements under this
15section. The department may conduct audits under this paragraph on a random
16basis, and shall conduct all audits under this paragraph without providing prior
17notice to the preneed seller.
AB100-engrossed,891,2018
(k) The
department board may promulgate rules establishing a filing fee to
19accompany the report required under par. (a). The filing fee shall be based on the
20approximate cost of regulating preneed sellers.
AB100-engrossed,892,222
440.92
(9) (a) If the cemetery authority of a cemetery that is affiliated with a
23religious society organized under ch. 187 or that religious society files an annual
24certification with the department as provided in this subsection, neither the
25cemetery authority nor any employee of the cemetery is required to be
registered
1licensed as a cemetery preneed seller under sub. (1) during the period for which the
2certification is effective.
AB100-engrossed,892,64
440.92
(10) Exemptions; certain nonprofit cemeteries. This section does not
5apply to a cemetery authority that is not required to be
registered licensed under s.
6440.91 (1) and that is not organized or conducted for pecuniary profit.
AB100-engrossed,892,158
440.93
(1) (intro.) The
department
board may reprimand a
registrant licensee 9or deny, limit, suspend
, or revoke a certificate of
licensure of a cemetery authority,
10cemetery salesperson
, or preneed seller if it finds that the applicant or
registrant 11licensee, or, if the applicant or
registrant, licensee is an association, partnership,
12limited liability company
, or corporation, any officer, director, trustee, member
, or
13shareholder who beneficially owns, holds
, or has the power to vote 5% or more of any
14class of security issued by the applicant or
registrant licensee, has done any of the
15following:
AB100-engrossed,892,1917
440.95
(1) Any cemetery authority that is required to
register be licensed under
18s. 440.91 (1) and that knowingly fails to
register
be licensed may be fined not more
19than $100.
AB100-engrossed,892,2421
440.992
(1) Except as otherwise provided in sub. (2), the department shall issue
22a certificate of registration to an individual who complies with s. 440.9915 (1) or
23whose application has been accepted under s. 440.9915 (2), if the individual has paid
24the
fees specified in s. 440.9935 fee specified in s. 440.05 (1) (a).
AB100-engrossed,893,14
1440.9935 Registration and renewal fees Renewal. An application for
2registration must be accompanied by a processing fee in an amount established in
3rules promulgated by the department. If the department determines to issue a
4certificate of registration to an applicant, the department shall require the applicant
5to pay a fee for issuing the certificate in an amount established in rules promulgated
6by the department. The renewal
dates date and fee for certificates of registration
7issued under this subchapter are specified in s. 440.08 (2) (a). Renewal applications
8shall be submitted to the department on a form provided by the department
and shall
9include a fee in an amount established in rules promulgated by the department,
10except that for the first renewal after a certificate of registration is issued, the
11department shall prorate the fee based on the length of time between between
12issuance and renewal. The amounts established in the rules promulgated under this
13section shall be based on the department's administrative and enforcement costs
14attributable to processing applications and regulating athlete agents.
AB100-engrossed,893,1916
446.02
(2) (c) The examining board shall issue a certificate to a chiropractor
17who is licensed under this chapter, who submits satisfactory evidence that the
18chiropractor has completed 48 hours of postgraduate study in nutrition that is
19approved by the examining board, and who pays a one-time certification fee of $25.
AB100-engrossed,893,2521
446.02
(6m) No chiropractor may provide counsel, direction, guidance, advice,
22or a recommendation to a patient regarding the health effects of vitamins, herbs, or
23nutritional supplements unless the chiropractor has been issued a certificate under
24sub. (2) (c). This subsection does not apply to a chiropractor licensed under this
25chapter who is certified as a dietician under subch. V of ch. 448.
AB100-engrossed,894,62
452.13
(2) (b) 3. Furnish the department of regulation and licensing with a
3letter authorizing the department of regulation and licensing and the department
4of
administration commerce to examine and audit the interest-bearing common
5trust account whenever the department of regulation and licensing or the
6department of
administration commerce considers it necessary.
AB100-engrossed,894,108
452.13
(2) (bm) The department of regulation and licensing shall forward to the
9department of
administration commerce the information and documents furnished
10under par. (b).
AB100-engrossed,894,1412
452.13
(2) (d) The department of
administration commerce is the beneficial
13owner of the interest accruing to the interest-bearing common trust account, minus
14any service charges or fees.
AB100-engrossed,894,2116
452.13
(2) (e) 1. Annually, before February 1, remit to the department of
17administration commerce the total interest or dividends, minus service charges or
18fees, earned on the average daily balance in the interest-bearing common trust
19account during the 12 months ending on the previous December 31. A depository
20institution is not required to remit any amount if the total interest or dividends for
21that period is less than $10 before any deduction for service charges or fees.
AB100-engrossed,895,323
452.13
(2) (e) 2. When the interest remittance is sent, furnish to the
24department of
administration commerce and to the broker maintaining the
25interest-bearing common trust account a statement that includes the name of the
1broker for whose account the remittance is made, the rate of interest applied, the
2amount of service charges or fees deducted, if any, and the account balance for the
3period that the statement covers.
AB100-engrossed,895,65
452.13
(2) (f) 2. May not assess a service charge or fee for an interest-bearing
6common trust account against the department of
administration commerce.
AB100-engrossed,895,128
452.13
(2) (f) 3. May deduct a service charge or fee from the interest earned by
9an interest-bearing common trust account, and if a balance remains, may deduct the
10remaining charge or fee from the interest earned on any other interest-bearing
11common trust account maintained in that depository institution, before remitting
12interest to the department of
administration commerce.
AB100-engrossed,895,1614
452.13
(5) Rules. In consultation with the department of regulation and
15licensing, the department of
administration commerce shall promulgate rules
16necessary to administer this section.
AB100-engrossed,896,218
457.02
(5m) Authorize any individual who is certified or licensed under this
19chapter to treat alcohol or substance dependency or abuse as a specialty unless the
20individual is a
substance abuse counselor, as defined in s. HFS 75.02 (84), Wis. Adm.
21Code certified alcohol and other drug abuse counselor under s. 440.75, or unless the
22individual satisfies educational and supervised training requirements established
23in rules promulgated by the examining board. In promulgating rules under this
24subsection, the examining board shall consider the requirements for qualifying as a
1substance abuse counselor under s. HFS 75.02 (84), Wis. Adm. Code certified alcohol
2and other drug abuse counselor under s. 440.75.
AB100-engrossed,896,74
460.05
(1) (e) 1. Graduated from a school of massage therapy or bodywork
5approved by the educational approval board under s.
45.54 38.50 or completed a
6training program approved by the department under the rules promulgated under
7s. 460.04 (2) (b).
AB100-engrossed,896,129
460.05
(3) The department shall grant a certificate as a massage therapist or
10bodyworker to a person who satisfies the requirements specified in sub. (1) (a) to (d),
11(g), and (h) and who includes with the application specified in sub. (1) (c) all of the
12following:
AB100-engrossed,896,1513
(a) Evidence satisfactory to the department that, during the 2-year period after
14March 1, 2003, the person was actively engaged in the practice of massage therapy
15or bodywork.
AB100-engrossed,896,1716
(b) An attestation that the person only recently became aware of the
17requirements of this chapter.
AB100-engrossed,896,23
19560.031 Grants for ethanol production facilities. Notwithstanding ss.
20560.135 (2), 560.138 (2) (a), and 560.17 (3), the department may not make a grant for
21an ethanol production facility on which construction begins after the effective date
22of this section .... [revisor inserts date], unless a competitive bidding process is used
23for the construction of the ethanol production facility.
AB100-engrossed,897,5
1560.075 Repayment of grants, loans, and tax benefits. (1) In this section,
2"tax benefits" means the credits under ss. 71.07 (2dd), (2de), (2di), (2dj), (2dL), (2dm),
3(2dr), (2ds), (2dx), (3g), and (3t), 71.28 (1dd), (1de), (1di), (1dj), (1dL), (1dm), (1ds),
4(1dx), (3g), and (3t), and 71.47 (1dd), (1de), (1di), (1dj), (1dL), (1dm), (1ds), (1dx), (3g),
5and (3t).
AB100-engrossed,897,13
6(2) The department may not award a grant or loan under this chapter to a
7person or certify a person to receive tax benefits unless the department enters into
8an agreement with the person that requires the person to repay the grant, loan, or
9tax benefits if, within 5 years after receiving the grant or loan or being certified to
10receive tax benefits, the person ceases to conduct in this state the economic activity
11for which the person received the grant or loan or for which the person was certified
12to receive tax benefits and commences substantially the same economic activity
13outside this state.
AB100-engrossed,897,16
15560.125 Diesel truck idling reduction grants. (1) Definitions. In this
16section:
AB100-engrossed,897,1717
(a) "Common motor carrier" has the meaning given in s. 194.01 (1).
AB100-engrossed,897,1818
(b) "Contract motor carrier" has the meaning given in s. 194.01 (2).
AB100-engrossed,897,2219
(c) "Idling reduction unit" means a device that is installed on a diesel truck to
20reduce the long-duration idling of the truck by providing heat, air conditioning, or
21electricity to the truck while the truck is stationary and the main drive engine of the
22truck is not operating.
AB100-engrossed,898,223
(d) "Post-1998 diesel truck engine" means a heavy-duty highway diesel engine
24that complies with the air pollutant emission standards promulgated by the federal
1environmental protection agency under
42 USC 7521 for engine model year 1998 or
2a later engine model year.
AB100-engrossed,898,33
(e) "Private motor carrier" has the meaning given in s. 194.01 (11).
AB100-engrossed,898,44
(f) "Truck tractor" has the meaning given in s. 340.01 (73).
AB100-engrossed,898,7
5(2) Authority. Beginning on July 1, 2006, and ending on June 30, 2011, the
6department may award a grant to an eligible applicant for the purchase and field
7testing of one or more idling reduction units as provided in subs. (3) and (4).
AB100-engrossed,898,9
8(3) Eligible applicants. An applicant is eligible for a grant under this section
9only if all of the following apply:
AB100-engrossed,898,1110
(a) The applicant is a common motor carrier, contract motor carrier, or private
11motor carrier that transports freight.
AB100-engrossed,898,1212
(b) The applicant is headquartered in this state.
AB100-engrossed,898,1513
(c) The applicant pays 30 percent of the eligible costs for each idling reduction
14unit covered by a grant under this section without the use of grants, loans, or other
15financial assistance from this state or from a local governmental unit in this state.
AB100-engrossed,898,1816
(d) The applicant agrees to collect information relating to the operation and
17performance of each idling reduction unit covered by a grant under this section, as
18required by the department, and to report that information to the department.
AB100-engrossed,899,2
19(4) Grants. (a) Except as provided in par. (b), the costs that an applicant has
20incurred or will incur to purchase and install an idling reduction unit on a truck
21tractor that is owned and operated by the applicant and that has a post-1998 diesel
22truck engine are eligible costs under this section if the use of the idling reduction unit
23will result, in the aggregate, in a decrease in the emissions of one or more air
24contaminants, as defined in s. 285.01 (1), from the truck tractor on which the idling
1reduction unit is installed or in a decrease in the use of energy by the truck tractor
2on which the idling reduction unit is installed.
AB100-engrossed,899,33
(b) The following costs are not eligible costs:
AB100-engrossed,899,54
1. The cost of shipping an idling reduction unit from the manufacturer to the
5facility where the idling reduction unit will be installed on the truck tractor.
AB100-engrossed,899,66
2. The cost of operating an idling reduction unit.
AB100-engrossed,899,77
3. The cost of maintaining an idling reduction unit.
AB100-engrossed,899,108
(c) Subject to par. (d), the department may make a grant under this section of
970 percent of the eligible costs for not more than the following number of idling
10reduction units:
AB100-engrossed,899,1211
1. If the applicant owns and operates one truck tractor with a post-1998 diesel
12truck engine, one.
AB100-engrossed,899,1413
2. If the applicant owns and operates at least 2 but not more than 10 truck
14tractors with post-1998 diesel truck engines, 2.
AB100-engrossed,899,1615
3. If the applicant owns and operates at least 11 but not more than 50 truck
16tractors with post-1998 diesel truck engines, the greater of the following:
AB100-engrossed,899,1918
b. Ten percent of the number of truck tractors with post-1998 diesel truck
19engines that the applicant owns and operates.
AB100-engrossed,899,2120
4. If the applicant owns and operates at least 51 but not more than 250 truck
21tractors with post-1998 diesel truck engines, the greater of the following:
AB100-engrossed,899,2423
b. Seven percent of the number of truck tractors with post-1998 diesel truck
24engines that the applicant owns and operates.
AB100-engrossed,900,2
15. If the applicant owns and operates at least 251 but not more than 500 truck
2tractors with post-1998 diesel truck engines, the greater of the following:
AB100-engrossed,900,54
b. Six percent of the number of truck tractors with post-1998 diesel truck
5engines that the applicant owns and operates.
AB100-engrossed,900,76
6. If the applicant owns and operates at least 501 but not more than 2,500 truck
7tractors with post-1998 diesel truck engines, the greater of the following:
AB100-engrossed,900,109
b. Five percent of the number of truck tractors with post-1998 diesel truck
10engines that the applicant owns and operates.
AB100-engrossed,900,1311
7. If the applicant owns and operates more than 2,500 truck tractors with
12post-1998 diesel truck engines, 3 percent of the number of truck tractors with
13post-1998 diesel truck engines that the applicant owns and operates.
AB100-engrossed,900,1614
(d) In any fiscal year, the department may not pay to any one applicant more
15than 20 percent of the amount appropriated under s. 20.143 (3) (sm) for the fiscal
16year.
AB100-engrossed,900,1817
(e) The department may pay a grant over more than one fiscal year, subject to
18the availability of funds and to par. (d).