Amendment ASA1-SB40

SB40-ASA1,1211,22 101.02 (21) (c) As provided in the memorandum of understanding under s. 49.857, the department may not issue or renew a license if the applicant or licensee 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 or if the applicant or licensee fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development children and families or a county child support agency under s. 59.53 (5) and relating to paternity or child support proceedings.

SB40-ASA1, s. 2257 Section 2257. 101.02 (21) (d) of the statutes is amended to read:

SB40-ASA1,1212,6 101.02 (21) (d) As provided in the memorandum of understanding under s. 49.857, the department shall restrict or suspend a license issued by the department if the licensee 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 or if the licensee fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development children and families or a county child support agency under s. 59.53 (5) and relating to paternity or child support proceedings.

SB40-ASA1, s. 2258 Section 2258. 101.02 (21) (e) 1. of the statutes is amended to read:

SB40-ASA1,1212,13 101.02 (21) (e) 1. If an applicant who is an individual does not have a social security number, the applicant, as a condition of applying for or applying to renew a license shall submit a statement made or subscribed under oath or affirmation to the department of commerce that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development children and families.

SB40-ASA1, s. 2259 Section 2259. 101.09 (5) of the statutes is amended to read:

SB40-ASA1,1212,19 101.09 (5) Penalties. Any person who violates this section or any rule or order adopted under this section shall forfeit not less than $10 nor more than $1,000 $5,000 for each violation. Each violation of this section or any rule or order under this section constitutes a separate offense and each day of continued violation is a separate offense.

SB40-ASA1, s. 2616c Section 2616c. 101.143 (2) (m) of the statutes is created to read:

SB40-ASA1,1213,2 101.143 (2) (m) At the request of an owner or operator or person owning a home oil tank system or on its own initiative, the department of natural resources or, if the site is covered under s. 101.144 (2) (b), the department of commerce may determine whether no further remedial action is necessary with respect to a petroleum product discharge from a petroleum product storage system or home oil tank system and may notify the owner or operator or person of the results of its determination.

SB40-ASA1, s. 2616e Section 2616e. 101.143 (3) (a) (intro.) of the statutes is amended to read:

SB40-ASA1,1213,10 101.143 (3) (a) Who may submit a claim. (intro.) Subject to pars. (ab), (ac), (ae), (ah), (am) and (ap), an owner or operator or a person owning a home oil tank system may submit a claim to the department for an award under sub. (4) to reimburse the owner or operator or the person for the eligible costs under sub. (4) (b) that the owner or operator or the person incurs because of a petroleum products discharge from a petroleum product storage system or home oil tank system if all of the following apply:

SB40-ASA1, s. 2616g Section 2616g. 101.143 (3) (ab) of the statutes is created to read:

SB40-ASA1,1213,16 101.143 (3) (ab) Deadline for notifying department. An owner or operator or person owning a home oil tank system is not eligible for an award under this section for costs incurred because of a petroleum product discharge if the owner or operator or person does not notify the department of the discharge under par. (a) 3. before January 1, 2009.

SB40-ASA1, s. 2616i Section 2616i. 101.143 (3) (ac) of the statutes is created to read:

SB40-ASA1,1213,22 101.143 (3) (ac) Deadline for beginning investigation. An owner or operator or person owning a home oil tank system is not eligible for an award under this section for costs incurred because of a petroleum product discharge if the owner or operator or person does not begin a site investigation or remedial action related to the discharge before December 30, 2009.

SB40-ASA1, s. 2622e Section 2622e. 101.143 (4) (b) (intro.) of the statutes is amended to read:

SB40-ASA1,1214,2 101.143 (4) (b) Eligible costs. (intro.) Except as provided in par. (c) or, (cc), or (cd), 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:

SB40-ASA1, s. 2622j Section 2622j. 101.143 (4) (c) 13. of the statutes is created to read:

SB40-ASA1,1214,7 101.143 (4) (c) 13. Costs that are incurred because of a petroleum product discharge after the applicant received written notification from the department of natural resources or the department of commerce that no further remedial action is necessary with respect to the discharge.

SB40-ASA1, s. 2622L Section 2622L. 101.143 (4) (c) 14. of the statutes is created to read:

SB40-ASA1,1214,13 101.143 (4) (c) 14. Costs that are incurred because of a petroleum product discharge for which the claimant does not submit a claim under sub. (3) (a) within 365 days after receiving written notification from the department of natural resources or the department of commerce that no further remedial action is necessary with respect to the discharge.

SB40-ASA1, s. 2622p Section 2622p. 101.143 (4) (cd) of the statutes is created to read:

SB40-ASA1,1214,21 101.143 (4) (cd) Prohibition on reimbursement due to delay in submitting claim. 1. If at the end of the month in which the effective date of this subdivision .... [revisor inserts date], falls, an applicant has incurred at least $50,000 in eligible costs for which the applicant has not submitted a claim and the applicant does not submit a claim for those costs by the first day of the 13th month beginning after the effective date of this subdivision .... [revisor inserts date], the department may not reimburse the claimant for those costs.

SB40-ASA1,1215,2 2. If an applicant does not submit a claim for eligible costs by the first day of the 13th month beginning after the month in which the eligible costs first exceed $50,000 and the month in which the eligible costs first exceed $50,000 begins after the effective date of this subdivision .... [revisor inserts date], the department may not reimburse the claimant for those costs.

SB40-ASA1, s. 2260 Section 2260. 101.143 (9m) (e) of the statutes is amended to read:

SB40-ASA1,1215,9 101.143 (9m) (e) The department shall have all other powers necessary and convenient to distribute the special fund revenues and to distribute the proceeds of the revenue obligations in accordance with subch. II of ch. 18 and, if designated a higher education bond, in accordance with subch. IV of ch. 18, and to make payments under an agreement or ancillary arrangement entered into under s. 18.55 (6) with respect to revenue obligations issued under this subsection.

SB40-ASA1, s. 2261 Section 2261. 101.143 (9m) (g) 2. of the statutes is amended to read:

SB40-ASA1,1215,20 101.143 (9m) (g) 2. Revenue obligations issued under this subsection may not exceed $436,000,000 $386,924,000 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, and to make payments under an agreement or ancillary arrangement entered into under s. 18.55 (6) with respect to revenue obligations issued under this subsection.

SB40-ASA1, s. 2262 Section 2262. 101.143 (10) (a) of the statutes is amended to read:

SB40-ASA1,1215,25 101.143 (10) (a) Any owner or operator, person owning a home oil tank system or service provider who fails to maintain a record as required by rules promulgated under sub. (9) (a) may be required to forfeit not more than $2,000 $5,000. Each day of continued violation constitutes a separate offense.

SB40-ASA1, s. 2633g Section 2633g. 101.149 of the statutes is created to read:

SB40-ASA1,1216,6 101.149 Display of permits. If a person is required to display or post more than one building permit under this chapter, under ch. 145, under rules promulgated under this chapter or ch. 145, or under a local ordinance, the person shall display all of those building permits together at the same location at the building or building site.

SB40-ASA1, s. 2634b Section 2634b. 101.177 (1) (d) of the statutes is amended to read:

SB40-ASA1,1216,17 101.177 (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, that 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, the Wisconsin Aerospace Authority, and the Wisconsin Health and Educational Facilities Authority, but excluding the Health Insurance Risk-Sharing Plan Authority and the Lower Fox River Remediation Authority.

SB40-ASA1, s. 2634e Section 2634e. 101.31 of the statutes is created to read:

SB40-ASA1,1216,22 101.31 Construction career academy grant program. (1) The department shall award grants to eligible organizations that operate a construction career academy that provides high school pupils with training in construction-related careers.

SB40-ASA1,1216,24 (2) An organization is eligible for a grant under this section if it proposes to operate a construction career academy that meets the following minimum criteria:

SB40-ASA1,1217,5 (a) It has established a partnership between a school board operating a high school, or a local business or sponsoring organization, and a technical college district board or baccalaureate degree granting institution in which the partners have committed to participate in the operation of the construction career academy for a minimum of 3 years.

SB40-ASA1,1217,7 (b) It provides high school pupils with the opportunity to receive up to 3 years of training in construction-related careers.

SB40-ASA1,1217,8 (c) It incorporates industry concepts into core academic areas.

SB40-ASA1,1217,10 (d) It incorporates into its curriculum work experience in construction-related industries.

SB40-ASA1,1217,12 (e) It coordinates classroom credits with a technical college district or with a baccalaureate degree granting institution.

SB40-ASA1,1217,14 (f) It uses a learning community curriculum approved by the department in consultation with the department of public instruction.

SB40-ASA1,1217,16 (g) It awards a certificate of recognition to each pupil who successfully completes the construction career academy's plan of study.

SB40-ASA1,1217,18 (3) The recipient of a grant under this section shall provide matching funds equal to 50 percent of the grant amount awarded to the recipient.

SB40-ASA1,1217,20 (4) The recipient of a grant under this section may use the grant funds only for the following purposes:

SB40-ASA1,1217,23 (a) To purchase materials and equipment, fund field trips, and make improvements to facilities, or for other specific needs relating to the construction career academy.

SB40-ASA1,1217,25 (b) For developing a core curriculum, for professional development, or for other administrative needs of the recipient.

SB40-ASA1,1218,3 (5) (a) The department may award a grant for the purposes described under sub. (4) (a) in an amount that equals not more than $900 for each pupil enrolled in the construction career academy at the time that the award is granted.

SB40-ASA1,1218,5 (b) The department may award a grant for the purposes described under sub. (4) (b) in an amount not exceeding $50,000.

SB40-ASA1,1218,6 (6) The department shall promulgate rules to administer this section.

SB40-ASA1, s. 2641b Section 2641b. 101.985 (2) (a) (intro.) of the statutes, as created by 2005 Wisconsin Act 456, is amended to read:

SB40-ASA1,1218,13 101.985 (2) (a) General licensing. (intro.) Except as provided in pars. (am) to (d), the department shall issue an elevator mechanic's license to each individual who satisfactorily completes an elevator mechanic's apprenticeship program that is approved by the U.S. department of labor or by the department of workforce development or who satisfies all of the following:

SB40-ASA1, s. 2641f Section 2641f. 101.985 (2) (a) 1. of the statutes, as created by 2005 Wisconsin Act 456, is repealed.

SB40-ASA1, s. 2641h Section 2641h. 101.985 (2) (a) 4. of the statutes, as created by 2005 Wisconsin Act 456, is repealed.

SB40-ASA1, s. 2641k Section 2641k. 101.985 (2) (am) of the statutes, as created by 2005 Wisconsin Act 456, is amended to read:

SB40-ASA1,1219,2 101.985 (2) (am) Requirements for individuals with prior experience. The department shall promulgate rules that establish requirements for issuing an elevator mechanic's licenses license to individuals an individual who have has performed work described under s. 101.984 (2) (a) or (b) within the scope of their his or her employment before June 1, 2007, but who do does not satisfy all of the criteria specified in par. (a) 1. to 4 the requirements under par. (a) to be issued a license. The rules may contain a deadline before which an individual must apply for a license issued under this paragraph.

SB40-ASA1, s. 2641m Section 2641m. 101.985 (2) (b) of the statutes, as created by 2005 Wisconsin Act 456, is amended to read:

SB40-ASA1,1219,9 101.985 (2) (b) Licensing out-of-state mechanics. The requirements under par. (a) 1. to 4. do not apply to an individual who is licensed as an elevator mechanic under the laws of another state, if, in the opinion of the department, that state's regulation of elevator mechanics is substantially the same as this state's. The department may summarily issue an elevator mechanic's license to such an individual.

SB40-ASA1, s. 2641p Section 2641p. 101.985 (2) (c) of the statutes, as created by 2005 Wisconsin Act 456, is amended to read:

SB40-ASA1,1220,4 101.985 (2) (c) Emergency licensing. If the governor declares that a state of emergency exists in this state under s. 166.03 (1) (b) 1. and the department determines that the number of individuals in the state who hold elevator mechanic's licenses issued by the department under this section on the date of the declaration is insufficient to cope with the emergency, the department shall summarily issue an emergency elevator mechanic's license to any individual who is certified by an elevator contractor licensed under this subchapter as adequately qualified and able to perform the work of an elevator mechanic without direct and immediate supervision, who the department determines is so qualified and able, and who applies for an emergency elevator mechanic's license on a form prescribed by the department. An individual certified by a contractor under this subdivision may perform work as an elevator mechanic for up to a total of 5 days preceding the date the individual is issued the license. An emergency elevator mechanic's license has a term of 30 days and may be renewed by the department in the case of a continuing emergency. The department shall specify on an emergency elevator mechanic's license the geographic area in which the licensee may provide services under the license. The requirements under par. (a) 1. to 4. do not apply to an individual who applies for an emergency elevator mechanic's license.

SB40-ASA1, s. 2641r Section 2641r. 101.985 (2) (d) of the statutes, as created by 2005 Wisconsin Act 456, is amended to read:

SB40-ASA1,1220,20 101.985 (2) (d) Temporary licensing. If there are no elevator mechanics licensed under this subchapter available to provide services contracted for by an elevator contractor licensed under this subchapter, the elevator contractor may notify the department and request the issuance of a temporary elevator mechanic's license to any individual who is certified by the elevator contractor as adequately qualified and able to perform the work of an elevator mechanic without direct and immediate supervision and who applies for a temporary elevator mechanic's license on a form prescribed by the department. A temporary elevator mechanic's license has a term of 30 days and may be renewed by the department in the case of a continuing shortage of licensed elevator mechanics. The department shall specify on a temporary elevator mechanic's license the elevator contractor in whose employ the licensee must remain to provide services under the temporary elevator mechanic's license. The requirements under par. (a) 1. to 4. do not apply to an individual who applies for a temporary elevator mechanic's license.

SB40-ASA1, s. 2263 Section 2263. 102.01 (2) (d) of the statutes is amended to read:

SB40-ASA1,1220,24 102.01 (2) (d) "Municipality" includes a county, city, town, village, school district, sewer district, drainage district and family long-term care district and other public or quasi-public corporations.

SB40-ASA1, s. 2264 Section 2264. 102.04 (1) (a) of the statutes is amended to read:

SB40-ASA1,1221,3 102.04 (1) (a) The state, each county, city, town, village, school district, sewer district, drainage district, family long-term care district and other public or quasi-public corporations therein.

SB40-ASA1, s. 2265 Section 2265. 102.27 (2) (a) of the statutes is amended to read:

SB40-ASA1,1221,6 102.27 (2) (a) A benefit under this chapter is assignable under s. 46.10 (14) (e), 49.345 (14) (e), 301.12 (14) (e), 767.225 (1) (L), 767.513 (3), or 767.75 (1) or (2m).

SB40-ASA1, s. 2266 Section 2266. 102.29 (8r) of the statutes is amended to read:

SB40-ASA1,1221,16 102.29 (8r) No participant in a food stamp employment and training program under s. 49.13 49.79 (9) who, under s. 49.13 (2) (d) 49.79 (9) (a) 5., is provided worker's compensation coverage by the department of health and family services or by a Wisconsin works Works agency, as defined in s. 49.001 (9), or other provider under contract with the department of health and family services or a county department under s. 46.215, 46.22, or 46.23 or tribal governing body to administer the food stamp employment and training program and who makes a claim for compensation under this chapter may make a claim or maintain an action in tort against the employer who provided the employment and training from which the claim arose.

SB40-ASA1, s. 2267 Section 2267. 103.001 (6) of the statutes is amended to read:

SB40-ASA1,1221,22 103.001 (6) "Employer" means any person, firm, corporation, state, county, town, city, village, school district, sewer district, drainage district, family long-term care district and other public or quasi-public corporations as well as any agent, manager, representative or other person having control or custody of any employment, place of employment or of any employee.

SB40-ASA1, s. 2268 Section 2268. 103.005 (17) of the statutes is repealed.

SB40-ASA1, s. 2269 Section 2269. 103.005 (18) of the statutes is repealed.

SB40-ASA1, s. 2270 Section 2270. 106.18 of the statutes is created to read:

SB40-ASA1,1222,3 106.18 Youth programs in 1st class cities. From the appropriation account under s. 20.445 (1) (fm), the department shall implement and operate youth summer jobs programs in 1st class cities.

SB40-ASA1, s. 2650e Section 2650e. 108.05 (2) (f) of the statutes is amended to read:

SB40-ASA1,1222,7 108.05 (2) (f) The department shall certify such schedule to the revisor of statutes, who legislative reference bureau, which shall when publishing the statutes include the latest such schedule then available.

SB40-ASA1, s. 2650r Section 2650r. 108.10 (7) (b) of the statutes is amended to read:

SB40-ASA1,1222,16 108.10 (7) (b) The department may choose not to appeal and to nonacquiesce in the decision by sending a notice of nonacquiescence to the commission, to the revisor of statutes legislative reference bureau for publication in the Wisconsin administrative register and to the employer before the time expires for seeking a judicial review of the decision under sub. (4). The effect of this action is that, although the decision is binding on the parties to the case, the commission's conclusions of law, the rationale and construction of statutes in the case are not binding on the department in other cases.

SB40-ASA1, s. 2271 Section 2271. 108.20 (2m) of the statutes is amended to read:

SB40-ASA1,1223,12 108.20 (2m) From the moneys not appropriated under s. 20.445 (1) (ge), (gf), (gg), and (gi) which that are received by the administrative account as interest and penalties under this chapter, the department shall pay the benefits chargeable to the administrative account under s. 108.07 (5) and the interest payable to employers under s. 108.17 (3m), and may expend the remainder to pay interest due on advances to the unemployment reserve fund from the federal unemployment account under title XII of the social security act, 42 USC 1321 to 1324, may to conduct research relating to the condition of the unemployment reserve fund under s. 108.14 (6), to administer the unemployment insurance program and federal or state unemployment insurance programs authorized by the governor under s. 16.54, to assist the department of justice in the enforcement of this chapter, to make payments to satisfy a federal audit exception concerning a payment from the fund or any federal aid disallowance involving the unemployment insurance program, or may to make payments to the fund if such action is necessary to obtain a lower interest rate or deferral of interest payments on advances from the federal unemployment account under title XII of the social security act, except that any interest earned pending disbursement of federal employment security grants under s. 20.445 (1) (n) shall be credited to the general fund. Any moneys reverting to the administrative account from the appropriations under s. 20.445 (1) (ge) and (gf) shall be utilized as provided in this subsection.

SB40-ASA1, s. 2272 Section 2272. 110.09 of the statutes is created to read:

SB40-ASA1,1223,25 110.09 Background investigations of certain persons. (1) (a) Notwithstanding ss. 111.321, 111.322, and 111.335, the department of transportation, with the assistance of the department of justice, shall conduct a background investigation of any person who has been selected to fill a position within the division of the department of transportation responsible for issuing operator's licenses and identification cards. This background investigation may include requiring the person to be fingerprinted on 2 fingerprint cards each bearing a complete set of the person's fingerprints, or by other technologies approved by law enforcement agencies. The department of justice shall submit any such fingerprint cards to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining records of his or her criminal arrests and convictions.

SB40-ASA1,1224,7 (b) Notwithstanding ss. 111.321, 111.322, and 111.335, at any interval determined appropriate by the department, the department may conduct, in the manner specified in par. (a), additional background investigations of any person for whom an initial background investigation has been conducted under par. (a) and background investigations of other persons employed by the department within the division of the department responsible for issuing operator's licenses and identification cards.

SB40-ASA1,1224,9 (c) The department shall promulgate rules governing confidentiality of information obtained under this subsection.

SB40-ASA1,1225,8 (2) Notwithstanding ss. 111.321, 111.322, and 111.335, the department shall require, as a precondition to allowing access to any information system in which is stored information maintained by the division of the department responsible for issuing operator's licenses and identification cards, that any person to whom access is granted submit to a background investigation as provided in this subsection. Notwithstanding ss. 111.321, 111.322, and 111.335, the department shall require the employer, including any state agency, of any person to whom the information will be made available to conduct the background investigation in a manner prescribed by the department. The department may require, as part of this background investigation, that the person be fingerprinted in the manner described in sub. (1) (a) and that these fingerprints be provided to the department of justice for submission to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining records of his or her criminal arrests and convictions. Notwithstanding ss. 111.321, 111.322, and 111.335, the department shall require that the employer certify the results of the background investigation and, based upon these results, may deny or restrict access to any information requested. In addition to the initial background investigation required under this subsection, the department may require on a periodic basis subsequent background investigations consistent with this subsection for persons with ongoing access to information. Any cost associated with the requirements under this subsection is the responsibility of the employer. For purposes of this subsection, "employer" includes a self-employed person. The department shall promulgate rules governing background investigations, and confidentiality of information obtained, under this subsection.

SB40-ASA1, s. 2273 Section 2273. 110.20 (7) of the statutes is amended to read: