Amendment ASA1-SB40

SB40-ASA1, s. 2909h Section 2909h. 165.91 (2) of the statutes is renumbered 165.91 (2) (a) and amended to read:

SB40-ASA1,1266,19 165.91 (2) (a) From the appropriation under s. 20.455 (2) (kw), the department shall provide grants to tribes to fund tribal law enforcement operations. To be eligible for a grant under this section subsection, a tribe must submit an application for a grant to the department that includes a proposed plan for expenditure of the grant moneys. The department shall review any application and plan submitted to determine whether that application and plan meet the criteria established under sub. (3) par. (b). The department shall review the use of grant money provided under this section subsection to ensure that the money is used according to the approved plan.

SB40-ASA1, s. 2909j Section 2909j. 165.91 (3) of the statutes is renumbered 165.91 (2) (b) and amended to read:

SB40-ASA1,1267,2 165.91 (2) (b) The department shall develop criteria and procedures for use in administering this section subsection. The department may not consider the grant under sub. (4) when determining grant awards under this subsection. Notwithstanding s. 227.10 (1), the criteria and procedures need not be promulgated as rules under ch. 227.

SB40-ASA1, s. 2909L Section 2909L. 165.91 (4) of the statutes is created to read:

SB40-ASA1,1267,6 165.91 (4) From the appropriation under s. 20.455 (2) (kw) the department shall annually award the Lac Courte Oreilles band of Lake Superior Chippewa Indians $80,000 for tribal law enforcement services.

SB40-ASA1, s. 2401 Section 2401. 166.03 (2) (a) 5. of the statutes is amended to read:

SB40-ASA1,1267,14 166.03 (2) (a) 5. Provide assistance to the Wisconsin wing of the civil air patrol from the appropriation under s. 20.465 (3) (f) (y) for the purpose of enabling the patrol to perform its assigned missions and duties as prescribed by U.S. air force regulations. Expenses eligible for assistance are aircraft acquisition and maintenance, communications equipment acquisition and maintenance and office staffing and operational expenses. The civil air patrol shall submit vouchers for expenses eligible for assistance to the division.

SB40-ASA1, s. 2402 Section 2402. 166.215 (1) of the statutes is amended to read:

SB40-ASA1,1268,4 166.215 (1) Beginning July 1, 2001, the division shall contract with no more than 9 regional emergency response teams, one of which shall be located in La Crosse County. Each regional emergency response team shall assist in the emergency response to level A releases in a region of this state designated by the division. The division shall contract with at least one regional emergency response team in each area designated under s. 166.03 (2) (b) 1. The division may only contract with a local agency, as defined in s. 166.22 (1) (c), under this subsection. A member of a regional emergency response team shall meet the highest standards for a hazardous materials responder in 29 CFR 1910.120 (q) (6) (iv) and National Fire Protection Association standards NFPA 471 and 472. Regional emergency response teams shall have at least one member that is trained in each of the appropriate specialty areas under National Fire Protection Association standard NFPA 472. Payments to regional emergency response teams under this subsection shall be made from the appropriation account under s. 20.465 (3) (dd) (u).

SB40-ASA1, s. 2403 Section 2403. 166.215 (2) of the statutes is amended to read:

SB40-ASA1,1268,17 166.215 (2) The division shall reimburse a regional emergency response team for costs incurred by the team in responding to an emergency involving a level A release, or a potential level A release, if the team followed the procedures in the rules promulgated under s. 166.20 (2) (bs) 1. to determine if an emergency requiring a response existed. Reimbursement under this subsection is limited to amounts collected under sub. (3) and the amounts appropriated under s. 20.465 (3) (dr) (x). Reimbursement is available under s. 20.465 (3) (dr) (x) only if the regional emergency response team has made a good faith effort to identify the person responsible under sub. (3) and that person cannot be identified, or, if that person is identified, the team has received reimbursement from that person to the extent that the person is financially able or has determined that the person does not have adequate money or other resources to reimburse the regional emergency response team.

SB40-ASA1, s. 2404 Section 2404. 166.22 (3m) of the statutes is amended to read:

SB40-ASA1,1269,5 166.22 (3m) The division shall reimburse a local emergency response team for costs incurred by the team in responding to an emergency involving a hazardous substance release, or potential release, if the team followed the procedures in the rules promulgated under s. 166.20 (2) (bs) 2. to determine if an emergency requiring the team's response existed. Reimbursement under this subsection is limited to the amount appropriated under s. 20.465 (3) (dr) (x). Reimbursement is available under s. 20.465 (3) (dr) (x) only if the local emergency response team has made a good faith effort to identify the person responsible under sub. (4) and that person cannot be identified, or, if that person is identified, the team has received reimbursement from that person to the extent that the person is financially able or has determined that the person does not have adequate money or other resources to reimburse the local emergency response team.

SB40-ASA1, s. 2913c Section 2913c. 167.10 (3) (c) (intro.) of the statutes is amended to read:

SB40-ASA1,1269,8 167.10 (3) (c) (intro.) A permit under this subsection may be issued only to the following persons:

SB40-ASA1, s. 2913d Section 2913d. 167.10 (3) (c) 6. of the statutes is repealed and recreated to read:

SB40-ASA1,1269,11 167.10 (3) (c) 6. Any individual or group of individuals.

SB40-ASA1, s. 2913e Section 2913e. 167.10 (4) of the statutes is amended to read:

SB40-ASA1,1269,19 167.10 (4) Out-of-state and in-state shipping. This section does not prohibit a resident wholesaler or jobber from selling fireworks to a person outside of this state nonresident person or to a person or group granted a permit under sub. (3) (c) 1. to 7. A resident wholesaler or jobber that ships the fireworks sold under this subsection shall package and ship the fireworks in accordance with applicable state and federal law by, as defined in s. 194.01 (1), (2) and (11), common motor carrier, contract motor carrier or private motor carrier.

SB40-ASA1, s. 2913g Section 2913g. 167.31 (1) (b) of the statutes is renumbered 167.31 (1) (b) (intro.) and amended to read:

SB40-ASA1,1269,22 167.31 (1) (b) (intro.) "Encased" means any of the following:

SB40-ASA1,1269,25 1. In the case of a firearm, it is enclosed in a case that is expressly made for the purpose of containing a firearm and that is completely zipped, snapped, buckled, tied or otherwise fastened with no part of the firearm exposed.

SB40-ASA1, s. 2913j Section 2913j. 167.31 (1) (b) 2. of the statutes is created to read:

SB40-ASA1,1270,3 167.31 (1) (b) 2. In the case of a bow or a crossbow, it is enclosed in a carrying case.

SB40-ASA1, s. 2913k Section 2913k. 167.31 (1) (g) 4. of the statutes is created to read:

SB40-ASA1,1270,6 167.31 (1) (g) 4. In the case of a crossbow, having the crossbow uncocked without a bolt in firing position.

SB40-ASA1, s. 2913L Section 2913L. 167.31 (2) (a) of the statutes is amended to read:

SB40-ASA1,1270,11 167.31 (2) (a) Except as provided in sub. (4), no person may place, possess, or transport a firearm, bow, or crossbow in or on a motorboat with the motor running, unless the firearm is unloaded or unless the bow or, unless the crossbow is unloaded and encased, or unless the bow is unstrung or is enclosed in a carrying case encased.

SB40-ASA1, s. 2913m Section 2913m. 167.31 (2) (b) of the statutes is amended to read:

SB40-ASA1,1270,18 167.31 (2) (b) Except as provided in sub. (4), no person may place, possess or transport a firearm, bow or crossbow in or on a vehicle , unless the firearm or crossbow is unloaded and encased or unless the bow or crossbow is unstrung or is enclosed in a carrying case. No person may place, possess, or transport a firearm or crossbow in or on a vehicle that is moving or has a running motor unless it is also encased or beyond the arm's reach of the operator and the occupants of the vehicle.

SB40-ASA1, s. 2913n Section 2913n. 167.31 (2) (bn) of the statutes is created to read:

SB40-ASA1,1270,23 167.31 (2) (bn) Except as provided in sub. (4), no person may place, possess, or transport a bow in a vehicle that is moving or has a running motor unless the bow is encased or unstrung or unless the bow is beyond the arm's reach of the operator and the occupants of the vehicle.

SB40-ASA1, s. 2913p Section 2913p. 167.31 (3) (a) of the statutes is amended to read:

SB40-ASA1,1271,4 167.31 (3) (a) Except as provided in sub. (4), no person may place, possess, or transport a firearm, bow, or crossbow in or on an aircraft, unless the firearm or crossbow is unloaded and encased or unless the bow is unstrung or encased or crossbow is unstrung or is enclosed in a carrying case.

SB40-ASA1, s. 2913q Section 2913q. 167.31 (4) (cg) 5. of the statutes is amended to read:

SB40-ASA1,1271,8 167.31 (4) (cg) 5. The vehicle bears a special registration plates plate issued under s. 341.14 (1), (1a), (1e), (1m) or (1r) or displays a sign that is at least 11 inches square on which is conspicuously written "disabled hunter".

SB40-ASA1, s. 2913t Section 2913t. 169.20 (1) (a) of the statutes is amended to read:

SB40-ASA1,1271,13 169.20 (1) (a) The department shall issue a bird dog training license to any individual who is at least 12 years of age, or the age specified by the department by rule under s. 29.592 (5), whichever age is lower, and who files a proper application and who pays the applicable fee.

SB40-ASA1, s. 2913u Section 2913u. 169.20 (2) (a) of the statutes is amended to read:

SB40-ASA1,1271,17 169.20 (2) (a) The department shall issue a hound dog training license to any individual who is at least 12 years of age, or the age specified by the department by rule under s. 29.592 (5), whichever age is lower, and who pays the applicable fee.

SB40-ASA1, s. 2913w Section 2913w. 169.33 (2) (d) of the statutes is amended to read:

SB40-ASA1,1271,21 169.33 (2) (d) An individual who applies for a bird dog training license or a hound dog training license shall be at least 12 years of age, or the age specified by the department by rule under s. 29.592 (5), whichever age is lower.

SB40-ASA1, s. 2405 Section 2405. 169.34 (2) of the statutes is amended to read:

SB40-ASA1,1272,2 169.34 (2) Disclosure of social security numbers. The department of natural resources may not disclose any social security numbers received under sub. (1) to any person except to the department of workforce development children and families for the sole purpose of administering s. 49.22.

SB40-ASA1, s. 2406 Section 2406. 169.34 (3) (a) of the statutes is amended to read:

SB40-ASA1,1272,13 169.34 (3) (a) As provided in the memorandum of understanding required under s. 49.857 (2), the department of natural resources shall deny an application to issue or renew, to suspend if already issued, or to otherwise withhold or restrict a license issued under this chapter if the applicant for or the holder of the license 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 holder fails to comply 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. 2407 Section 2407. 170.12 (3m) (a) 1m. of the statutes is amended to read:

SB40-ASA1,1272,20 170.12 (3m) (a) 1m. If the applicant is an individual and does not have a social security number, a statement made or subscribed under oath or affirmation 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. A permit issued in reliance upon a false statement submitted under this subdivision is invalid.

SB40-ASA1, s. 2408 Section 2408. 170.12 (3m) (b) 2. of the statutes is amended to read:

SB40-ASA1,1272,24 170.12 (3m) (b) 2. The board may disclose information under par. (a) 1. or 2. to the department of workforce development children and families in accordance with a memorandum of understanding under s. 49.857.

SB40-ASA1, s. 2409 Section 2409. 170.12 (8) (b) 1. c. of the statutes is amended to read:

SB40-ASA1,1273,11 170.12 (8) (b) 1. c. In the case of a permit holder who is an individual, the applicant fails to provide his or her social security number, fails to comply, after appropriate notice, with a subpoena or warrant that is issued by the department of workforce development children and families or a county child support agency under s. 59.53 (5) and that is related to paternity or child support proceedings or the applicant 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. An applicant whose renewal application is denied under this subd. 1. c. is entitled to a notice and hearing under s. 49.857 but is not entitled to any other hearing under this section.

SB40-ASA1, s. 2410 Section 2410. 170.12 (8) (b) 2. of the statutes is amended to read:

SB40-ASA1,1273,24 170.12 (8) (b) 2. The board shall restrict or suspend a permit issued under this section if the board finds that, in the case of a permit holder who is an individual, the permit holder fails to comply, after appropriate notice, with a subpoena or warrant that is issued by the department of workforce development children and families or a county child support agency under s. 59.53 (5) and that is related to paternity or child support proceedings or the permit holder 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 permit holder whose permit is restricted or suspended under this subdivision is entitled to a notice and hearing under s. 49.857 but is not entitled to any other hearing under this section.

SB40-ASA1, s. 2411 Section 2411. 175.40 (6m) (c) 4. of the statutes is created to read:

SB40-ASA1,1274,5 175.40 (6m) (c) 4. By no later than 30 days after the end of each calendar quarter, the department of administration shall submit a report to the joint committee on finance detailing all moneys expended or encumbered from the appropriation account under s. 20.505 (2) (am) during that calendar quarter for costs and judgments under subd. 1. or 2.

SB40-ASA1, s. 2412 Section 2412. 177.265 (1) (intro.) of the statutes is amended to read:

SB40-ASA1,1274,9 177.265 (1) (intro.) At least quarterly, the department of workforce development children and families shall reimburse the administrator, based on information provided by the administrator, for all of the following:

SB40-ASA1, s. 2413 Section 2413. 194.23 (1) of the statutes is amended to read:

SB40-ASA1,1274,19 194.23 (1) No person may operate any motor vehicle as a common motor carrier unless the person first obtains a certificate and, if required under this chapter, a permit issued by the department, or unless the person is registered by another state under a single-state or unified carrier registration system consistent with the standards under, respectively, 49 USC 14504 or 49 USC 13908 and 14504a, for the operation of the vehicle, except that no permit is required for the operation of a semitrailer. The department may issue or refuse to issue any certificate. The department may attach to the exercise of the privilege granted by a certificate any terms or conditions which are permitted under this chapter.

SB40-ASA1, s. 2414 Section 2414. 194.34 (1) of the statutes is amended to read:

SB40-ASA1,1275,4 194.34 (1) No person may operate any motor vehicle as a contract motor carrier unless the person first obtains a license and, if required under this chapter, a permit issued by the department, or unless the person is registered by another state under a single-state or unified carrier registration system consistent with the standards under, respectively, 49 USC 14504 or 49 USC 13908 and 14504a, for the operation of the motor vehicle, except that no permit is required for the operation of a semitrailer. The department may refuse to issue any license or may attach to the exercise of the privilege granted by a license any terms or conditions which are permitted under this chapter.

SB40-ASA1, s. 2415 Section 2415. 194.407 of the statutes is created to read:

SB40-ASA1,1275,11 194.407 Unified carrier registration system. (1) The department may participate in and do all things necessary to implement and administer a unified carrier registration system for motor carriers, including private motor carriers, in accordance with 49 USC 13908 and 14504a. The department may, consistent with federal law, establish by rule an annual fee under this section for a motor vehicle that is operated in this state and that is subject to the unified carrier registration system.

SB40-ASA1,1275,14 (2) The department may not administer both an insurance registration system for motor carriers under s. 194.405 and a registration system for motor carriers under this section.

SB40-ASA1, s. 2416 Section 2416. 194.41 (1) of the statutes is amended to read:

SB40-ASA1,1276,21 194.41 (1) No permit or vehicle registration may be issued to a common motor carrier of property, contract motor carrier, or rental company, no permit or vehicle registration may remain in force to operate any motor vehicle under the authority of this chapter, and no vehicle registration may be issued or remain in force for a semitrailer unless the carrier or rental company has on file with the department and in effect an approved certificate for a policy of insurance or other written contract in such form and containing such terms and conditions as may be approved by the department issued by an insurer authorized to do a surety or automobile liability business in this state under which the insurer assumes the liability prescribed by this section with respect to the operation of such motor vehicles. The certificate or other contract is subject to the approval of the department and shall provide that the insurer shall be directly liable for and shall pay all damages for injuries to or for the death of persons or for injuries to or destruction of property that may be recovered against the owner or operator of any such motor vehicles by reason of the negligent operation thereof in such amount as the department may require. Liability may be restricted so as to be inapplicable to damage claims on account of injury to or destruction of property transported, but the department may require, and with respect to a carrier transporting a building, as defined in s. 348.27 (12m) (a) 1., shall require, a certificate or other contract protecting the owner of the property transported by carriers from loss or damage in the amount and under the conditions as the department may require. No permit or vehicle registration may be issued to a common motor carrier of passengers by any motor vehicle, or other carrier of passengers by motor bus, except those registered in accordance with s. 341.26 (2) (a) and (d), and no permit or vehicle registration may remain in force to operate any motor vehicle unless it has on file with the department a like certificate or other contract in the form and containing the terms and conditions as may be approved by the department for the payment of damages for injuries to property and injuries to or for the death of persons, including passengers, in the amounts as the department may require. This subsection does not apply to a motor carrier that is registered by another state under a single-state or unified carrier registration system consistent with the standards under, respectively, 49 USC 14504 or 49 USC 13908 and 14504a.

SB40-ASA1, s. 2928m Section 2928m. 196.202 (2) of the statutes is amended to read:

SB40-ASA1,1277,7 196.202 (2) Scope of regulation. A commercial mobile radio service provider is not subject to ch. 201 or this chapter, except as provided in sub. (5), and except that a commercial mobile radio service provider is subject to s. 196.218 (3) if the commission promulgates rules that designate commercial mobile radio service providers as eligible to receive universal service funding under both the federal and state universal service fund programs. If the commission promulgates such rules, a commercial mobile radio service provider shall respond, subject to the protection of the commercial mobile radio service provider's competitive information, to all reasonable requests for information about its operations in this state from the commission necessary to administer the universal service fund.

SB40-ASA1, s. 2417 Section 2417. 196.218 (3) (a) 3. a. of the statutes is amended to read:

SB40-ASA1,1277,13 196.218 (3) (a) 3. a. The amount appropriated under s. 20.155 (1) (q), except that in fiscal year 2003-04 the total amount of contributions in that fiscal year under this subd. 3. a. may not exceed $5,000,000 and except that beginning in fiscal year 2004-05 the total amount of contributions in a fiscal year under this subd. 3. a. may not exceed $6,000,000.

SB40-ASA1, s. 2929e Section 2929e. 196.218 (3) (a) 4. of the statutes is repealed.

SB40-ASA1, s. 2929g Section 2929g. 196.218 (3) (e) of the statutes is amended to read:

SB40-ASA1,1277,19 196.218 (3) (e) Except as provided in par. (f) and s. 196.196 (2) (d), a A telecommunications provider or other person may not establish a surcharge on customers' bills to collect from customers contributions required under this subsection.

SB40-ASA1, s. 2929j Section 2929j. 196.218 (3) (f) of the statutes is amended to read:

SB40-ASA1,1278,5 196.218 (3) (f) Notwithstanding ss. 196.196 (1) and (5) (d) 2., 196.20 (2m), (5) and (6), 196.213 and 196.215, a telecommunications utility that provides local exchange service may make adjustments to local exchange service rates for the purpose of recovering the portion of its contributions to the universal service fund that is determined by the commission under par. (a) 4. required under this subsection. A telecommunications utility that adjusts local exchange service rates for the purpose of recovering all or any amount of that portion such contributions shall identify on customer bills a single amount that is the total amount of the adjustment. The public service commission shall provide telecommunications utilities the information necessary to identify such amounts on customer bills.

SB40-ASA1, s. 2929m Section 2929m. 196.218 (3) (g) of the statutes is created to read:

SB40-ASA1,1278,11 196.218 (3) (g) If the commission or a telecommunications provider makes a mistake in calculating or reporting any data in connection with the contributions required under par. (a), and the mistake results in the telecommunications provider's overpayment of such a contribution, the commission shall reimburse the telecommunications provider for the amount of the overpayment.

SB40-ASA1, s. 2418 Section 2418. 196.218 (5) (a) 7. of the statutes is repealed.

SB40-ASA1, s. 2419 Section 2419. 196.218 (5) (d) 2. of the statutes is amended to read:

SB40-ASA1,1278,21 196.218 (5) (d) 2. The commission shall annually provide information booklets to all Wisconsin works Works agencies that describe the current assistance from the universal service fund that is available to low-income individuals who are served by the Wisconsin works Works agencies, including a description of how such individuals may obtain such assistance. The department of workforce development children and families shall assist the commission in identifying the Wisconsin works Works agencies to which the commission is required to submit the information required under this subdivision.

SB40-ASA1, s. 2420 Section 2420. 196.374 (3) (b) 2. (intro.) of the statutes, as affected by 2005 Wisconsin Act 141, is amended to read:

SB40-ASA1,1279,8 196.374 (3) (b) 2. (intro.) The commission shall require each energy utility to spend 1.2 percent of its annual operating revenues to fund the utility's programs under sub. (2) (b) 1., the utility's ordered programs, and the utility's share of the statewide energy efficiency and renewable resource programs under sub. (2) (a) 1., and the utility's share, as determined by the commission under sub. (3) (b) 4., of the costs incurred by the commission in administering this section. Subject to approval under subd. 3., the commission may require each energy utility to spend a larger percentage of its annual operating revenues to fund these programs and costs. The commission may make such a requirement based on the commission's consideration of all of the following:

SB40-ASA1, s. 2421 Section 2421. 196.374 (3) (b) 4. of the statutes is created to read:

SB40-ASA1,1279,12 196.374 (3) (b) 4. In each fiscal year, the commission shall collect from the persons with whom energy utilities contract under sub. (2) (a) 1. an amount equal to the costs incurred by the commission in administering this section.

SB40-ASA1, s. 2933g Section 2933g. 196.378 (1) (h) 1m. of the statutes is renumbered 196.378 (1) (h) 1. h. and amended to read:

SB40-ASA1,1279,16 196.378 (1) (h) 1. h. A resource with a capacity of less than 60 megawatts that derives electricity from hydroelectric Hydroelectric power.

SB40-ASA1, s. 2933r Section 2933r. 196.378 (4) of the statutes is amended to read: