2009 Wisconsin Act 28

28,2059 Section 2059. 98.245 (7) of the statutes is repealed.

28,2060 Section 2060. 98.245 (7m) of the statutes is created to read:

98.245 (7m) Meter operators licensed. (a) No person may operate a meter to determine the amount of liquefied petroleum gas sold or delivered under sub. (4) (a) unless the person holds an annual license from the department under this subsection. An annual license expires on November 30. A separate license is required for each liquefied petroleum gas meter. A license is not transferable between persons or meters.

(b) To obtain a license under par. (a), a person shall submit an application on a form provided by the department. The application shall include all of the following:

1. The applicant's correct legal name and business address, and any trade name under which the applicant proposes to operate the liquefied petroleum gas meter.

2. A description of the liquefied petroleum gas meter, including the serial number or other identifying marks that appear on the meter, and if applicable, the vehicle on which the meter is mounted.

3. The fees and surcharges required under par. (c).

4. Other relevant information reasonably required by the department for licensing purposes.

(c) An application under par. (b) shall include the following fees and surcharges:

1. A license fee established by department rule.

2. A surcharge established by department rule, if the department determines that, within one year prior to submitting the application, the applicant operated the liquefied petroleum gas meter without a license required under par. (a). The department may not issue a license under this subsection to an operator if the operator has failed to pay a surcharge under this subdivision assessed against the operator.

3. A surcharge established by the department by rule if the department determines that, within one year prior to submitting the application, the applicant failed to comply with a test reporting requirement under sub. (8). The department may not issue a license under this subsection to an operator if the operator has failed to pay a surcharge under this subdivision assessed against the operator.

4. Reinspection fees, if any, required under s. 98.255.

(d) Payment of a surcharge under par. (c) 2. or 3. does not relieve the applicant of any other civil or criminal liability for a law violation, but is not evidence of a violation of this section.

(e) Paragraph (a) does not apply to an individual who operates a liquefied petroleum gas meter only as an employee of a person who is required to hold a license under par. (a) to operate that meter.

28,2061 Section 2061. 98.245 (8) of the statutes is created to read:

98.245 (8) Testing and reporting. A person that is required to hold a license under sub. (7m) to operate a liquefied petroleum gas meter shall have the meter tested for accuracy, at least annually, by a person who is licensed under s. 98.18 (1) to perform the test. The meter operator, or the tester on behalf of the meter operator, shall report the results of each test to the department within 30 days after the testing is completed. The operator shall retain a record of each test for at least 3 years.

28,2062 Section 2062. 98.245 (9) of the statutes is created to read:

98.245 (9) Rules. (a) The department shall promulgate rules that establish all of the following:

1. License fee and surcharge amounts under sub. (7m) (c).

2. Standards for the testing, reporting, and record keeping required under sub. (8).

(b) The department may promulgate rules that establish standards for the construction, operation, and maintenance of liquefied petroleum gas meters.

28,2063 Section 2063. 98.25 (title) of the statutes is renumbered 98.16 (3m) (title) and amended to read:

98.16 (3m) (title) Vehicle scales: annual Annual testing.

28,2064 Section 2064. 98.25 (1) of the statutes is renumbered 98.16 (3m) (a) and amended to read:

98.16 (3m) (a) The owner or operator of a scale with a weighing capacity of 5,000 pounds or more used for the commercial weighing of commodities shall cause the scales to be tested and inspected at least annually for accuracy by an independent scale testing or service company in accordance with specifications, tolerances, standards and procedures established by the national institute of standards and technology and the department for the testing and examination of scales, using test weights approved by the department. The annual tests and inspections shall be at the expense of the owner or operator a person licensed under s. 98.18 (1).

28,2065 Section 2065. 98.25 (2) of the statutes is renumbered 98.16 (3m) (b) (intro.) and amended to read:

98.16 (3m) (b) (intro.) A scale testing or service company person conducting a test under sub. (1) par. (a) shall, at the time of testing and inspection, promptly furnish to the owner or operator of the scale a report showing the results of the test and inspection with an additional copy for the department. The owner and operator of a scale which is found to be inaccurate at the time of testing shall immediately withdraw the scale from further use until necessary corrections, adjustments or repairs are made and do all of the following:

(d) If a test under this subsection shows that a vehicle scale is inaccurate, the scale may not be used until the inaccuracy is corrected and the scale is determined to be accurate by the scale testing or service company. A copy of the report prepared by the scale testing or service company shall be filed with the department by the owner or operator of the scale within 15 days after the test and inspection has been completed. The department shall maintain a list open for public inspection of all scales tested and found to be accurate on the annual test a subsequent test under this subsection.

28,2066 Section 2066. 98.25 (3) of the statutes is renumbered 98.16 (3m) (e) and amended to read:

98.16 (3m) (e) No person may falsify a test or determination of the accuracy of a vehicle scale tested under sub. (1) or file with the department a false report of a test of a vehicle scale under sub. (1), test result, or test report under this subsection.

28,2067 Section 2067. 98.25 (4) of the statutes is renumbered 98.16 (3m) (f).

28,2068 Section 2068. 98.255 of the statutes is created to read:

98.255 Reinspection; fee. (1) If the department reinspects a weight or measure because the department has found a violation of this chapter or a rule promulgated under this chapter, the department may charge the operator of the weight or measure a reinspection fee.

(2) The department shall establish the amount of the reinspection fee under sub. (1) by rule and may establish different reinspection fees for different types of weights and measures. The amount of a reinspection fee for a weight or measure may not exceed the department's average cost to reinspect that type of weight or measure.

(3) A reinspection fee under sub. (1) is payable after the reinspection is completed and is due upon written demand from the department. The department may issue a demand for payment when it issues an annual license application form to the operator of the weighing or measuring device.

28,2073 Section 2073. 100.45 (1) (dm) of the statutes is amended to read:

100.45 (1) (dm) "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 which 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 Health and Educational Facilities Authority, the Wisconsin Aerospace Authority, the Wisconsin Quality Home Care Authority, and the Fox River Navigational System Authority.

28,2074f Section 2074f. 101.02 (20) (a) of the statutes, as affected by 2009 Wisconsin Act 16, is repealed and recreated to read:

101.02 (20) (a) For purposes of this subsection, "license" means a license, permit, or certificate of certification or registration issued by the department under ss. 101.09 (3) (c), 101.122 (2) (c), 101.136, 101.143 (2) (g), 101.147, 101.15 (2) (e), 101.16 (3g), 101.17, 101.177 (4) (a), 101.178 (2) or (3) (a), 101.63 (2) or (2m), 101.653, 101.73 (5) or (6), 101.82 (1m), (1v), and (2), 101.935, 101.95, 101.951, 101.952, 101.985 (1) to (3), 145.02 (4), 145.035, 145.045, 145.15, 145.16, 145.165, 145.17, 145.175, 145.18, or 167.10 (6m).

28,2074h Section 2074h. 101.02 (21) (a) of the statutes, as affected by 2009 Wisconsin Act 16, is repealed and recreated to read:

101.02 (21) (a) In this subsection, "license" means a license, permit, or certificate of certification or registration issued by the department under s. 101.09 (3) (c), 101.122 (2) (c), 101.136, 101.143 (2) (g), 101.147, 101.15 (2) (e), 101.16 (3g), 101.17, 101.177 (4) (a), 101.178 (2) or (3) (a), 101.63 (2), 101.653, 101.73 (5) or (6), 101.82 (1m), (1v), and (2), 101.935, 101.95, 101.951, 101.952, 101.985 (1) to (3), 145.02 (4), 145.035, 145.045, 145.15, 145.16, 145.165, 145.17, 145.175, 145.18, or 167.10 (6m).

28,2075c Section 2075c. 101.1205 (title) of the statutes is repealed.

28,2075d Section 2075d. 101.1205 (1) of the statutes is renumbered 281.33 (3m) (a) and amended to read:

281.33 (3m) (a) The department, in consultation with the department of natural resources, shall establish statewide standards for erosion control at building sites for the construction of public buildings, as defined in s. 101.01 (12), and buildings that are places of employment, as defined in s. 101.02 (11).

28,2075e Section 2075e. 101.1205 (2) of the statutes is renumbered 281.33 (3m) (b) and amended to read:

281.33 (3m) (b) The department shall require the submission of plans for erosion control at construction sites described in sub. (1) par. (a) to the department or to a county, city, village, or town to which the department has delegated authority under sub. (4) par. (d) and shall require approval of those plans by the department or the county, city, village, or town.

28,2075f Section 2075f. 101.1205 (3) of the statutes is renumbered 281.33 (3m) (c) and amended to read:

281.33 (3m) (c) The department shall require inspection of erosion control activities and structures at construction sites described in sub. (1) par. (a) by the department or a county, city, village, or town to which the department has delegated authority under sub. (4) par. (d).

28,2075g Section 2075g. 101.1205 (4) of the statutes is renumbered 281.33 (3m) (d).

28,2075gm Section 2075gm. 101.1205 (5) of the statutes is renumbered 281.33 (3m) (e) and amended to read:

281.33 (3m) (e) Except as provided in sub. (5m) par. (f), the authority of a county, city, village, or town with respect to erosion control at sites described in sub. (1) par. (a) is limited to that authority delegated under sub. (4) par. (d) and any other authority provided in rules promulgated under this section subsection.

28,2075h Section 2075h. 101.1205 (5m) of the statutes is renumbered 281.33 (3m) (f) and amended to read:

281.33 (3m) (f) Notwithstanding subs. (1) pars. (a) and (5) (e), a county, city, village , or town that has in effect on January 1, 1994, an ordinance that establishes standards for erosion control at building sites for the construction of public buildings and buildings that are places of employment may continue to administer and enforce that ordinance if the standards in the ordinance are more stringent than the standards established under sub. (1) par. (a).

28,2075i Section 2075i. 101.1205 (6) of the statutes is renumbered 281.33 (3m) (g) and amended to read:

281.33 (3m) (g) The department, or a county, city, village, or town to which the department delegates the authority to act under this subsection paragraph, may issue a special order directing the immediate cessation of work on a construction site described in sub. (1) par. (a) until any required plan approval is obtained or until the site complies with standards established by rules promulgated under this section subsection.

28,2075j Section 2075j. 101.1205 (7) of the statutes is renumbered 281.33 (3m) (h).

28,2153 Section 2153. 101.143 (4) (ei) 1m. a. of the statutes is 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) (2), 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.

28,2154 Section 2154. 101.143 (4) (ei) 1m. b. of the statutes is amended 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) (2), 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.

28,2155 Section 2155. 101.1435 of the statutes is created to read:

101.1435 Removal of abandoned underground petroleum storage tanks. (1) In this section:

(a) "Backfill" does not include landscaping or replacing sidewalk, asphalt, fence, or sod or other vegetation.

(b) "Underground petroleum product storage tank system" has the meaning given in s. 101.143 (1) (i).

(2) The department may contract with a person registered or certified under s. 101.09 (3) to empty, clean, remove, and dispose of an underground petroleum product storage tank system; to assess the site on which the underground petroleum product storage tank system is located; and to backfill the excavation if all of the following apply:

(a) The department determines that the underground petroleum product storage tank system is abandoned.

(b) Using the method that the department uses to determine inability to pay under s. 101.143 (4) (ee), the department determines that the owner of the underground petroleum product storage tank system is unable to pay to empty, clean, remove, and dispose of the underground petroleum product storage tank system; to assess the site on which the underground petroleum product storage tank system is located; and to backfill the excavation.

(3) If the department incurs costs under sub. (2), the department shall record a statement of lien with the register of deeds of the county in which the underground petroleum product storage tank system was located. Upon recording the statement of lien, the department has a lien on the property on which the underground petroleum product storage tank system was located in the amount of the costs incurred. The property remains subject to the lien until that amount is paid in full to the department. The department shall deposit payments received under this subsection into the petroleum inspection fund.

28,2155m Section 2155m. 101.147 of the statutes is created to read:

101.147 Contractor registration. (1) No person may hold himself or herself out or act as a construction contractor unless that person is registered as a construction contractor by the department.

(2) The department shall promulgate rules to administer and enforce this section.

(3) The department may directly assess a forfeiture by issuing an order against any person who violates this section.

(4) The registration requirement under sub. (1) does not apply to any of the following:

(a) A person who engages in construction on property owned or leased by that person.

(b) A state agency or local governmental unit.

(c) A person who engages in construction in the course of his or her employment by a state agency or local governmental unit.

28,2156 Section 2156. 101.177 (1) (d) of the statutes is amended to read:

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, the Wisconsin Quality Home Care 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.

28,2156c Section 2156c. 101.19 (1) (m) of the statutes is created to read:

101.19 (1) (m) Registering construction contractors under s. 101.147.

28,2157r Section 2157r. 101.85 of the statutes is created to read:

101.85 Contracting for services. (1) In this section, "cost-benefit analysis" means a comprehensive study to identify and compare the total cost, quality, technical expertise, and timeliness of a service performed by department employees and resources with the total cost, quality, technical expertise, and timeliness of the same service obtained by means of a contract.

(2) The department may not engage any person who is not an employee of the department to perform services for the department under this subchapter unless the department finds, based upon a cost-benefit analysis, that those services can be performed more cost-effectively and efficiently by that person than by an employee of the department.

28,2158 Section 2158. 101.9208 (4m) of the statutes is amended to read:

101.9208 (4m) Upon filing an application under sub. (1) or (4), a supplemental title fee to be paid by the owner of the manufactured home, except that this fee shall be waived with respect to an application under sub. (4) for transfer of a decedent's interest in a manufactured home to his or her surviving spouse or domestic partner under ch. 770. The fee required under this subsection shall be paid in addition to any other fee specified in this section.

28,2158h Section 2158h. 102.07 (8) (d) of the statutes is created to read:

102.07 (8) (d) Any employer described in s. 108.18 (2) (c) who willfully and with intent to evade any requirement of this chapter misclassifies or attempts to misclassify an individual who is an employee of the employer as a nonemployee shall be fined $25,000 for each violation.

28,2159 Section 2159. 102.475 (6) of the statutes is amended to read: