AB40: Bill Text

AB40,926,15 a. Remodeling or otherwise improving residential or noncommercial property.

AB40,926,16 b. Basement waterproofing.

AB40,926,17 c. Real estate advertising.

AB40,926,18 d. Renting of mobile home sites and sales of mobile homes.

AB40,926,19 e. Renting of residential dwelling units and mobile homes.

AB40,926,22 2. Beginning of the effective date of this subdivision .... [LRB inserts date], the department of safety and professional services may promulgate rules and issue orders regulating the unfair methods and practices described in subd. 1.

AB40,927,7 3. All rules promulgated by the department of agriculture, trade and consumer protection regulating the unfair methods or practices as described in subd. 1. that are in effect on the effective date of this subdivision .... [LRB inserts date], remain in effect until their specified expiration date or until amended or repealed by the department of safety and professional services. All orders issued by the department of agriculture, trade and consumer protection regulating the unfair methods or practices as described in subd. 1. that are in effect on the effective date of this subdivision .... [LRB inserts date], remain in effect until their specified expiration date or until modified or rescinded by the department of safety and professional services and shall be enforced by the department of safety and professional services.

AB40, s. 2312 Section 2312. 100.60 (1) (b) 2. of the statutes is amended to read:

AB40,927,13 100.60 (1) (b) 2. Any other fuel that can substitute for petroleum-based diesel fuel, that is derived from a renewable resource, that meets all of the applicable requirements of the American Society for Testing and Materials for that fuel, and that the department of commerce safety and professional services designates as a diesel-replacement renewable fuel under sub. (7) (a).

AB40, s. 2313 Section 2313. 100.60 (1) (c) 2. of the statutes is amended to read:

AB40,927,19 100.60 (1) (c) 2. Any other fuel that can substitute for gasoline, that is derived from a renewable resource, that meets all of the applicable requirements of the American Society for Testing and Materials for that fuel, and that the department of commerce safety and professional services designates as a gasoline-replacement renewable fuel under sub. (7) (b).

AB40, s. 2314 Section 2314. 100.60 (3) (a) of the statutes is amended to read:

AB40,927,25 100.60 (3) (a) Annually, beginning in 2011, the department, in cooperation with and with assistance from the department of commerce, safety and professional services and the department of revenue, and the office of energy independence, shall determine whether the annual goals for sales of renewable fuels in sub. (2) (b) and (c), for the previous year, were met in the state in that year.

AB40, s. 2315 Section 2315. 100.60 (6) (a) of the statutes is amended to read:

AB40,928,11 100.60 (6) (a) The department shall consult with the department of commerce, safety and professional services and the department of revenue, and the office of energy independence to determine if information necessary to make a determination under sub. (3) (a) or an assessment under sub. (4) is being collected by these agencies under laws in effect on June 2, 2010. If the information is not being collected, the department may request the department of commerce, safety and professional services and the department of revenue, or the office of energy independence to collect the information if collection by one of these agencies is more cost-effective for state government and less burdensome for the persons subject to the reporting requirements than collection of the information by the department.

AB40, s. 2316 Section 2316. 100.60 (7) (title) of the statutes is amended to read:

AB40,928,14 100.60 (7) (title) Department of commerce safety and professional services authority.

AB40, s. 2317 Section 2317. 100.60 (7) (a) of the statutes is amended to read:

AB40,928,20 100.60 (7) (a) The department of commerce safety and professional services may promulgate a rule designating a fuel that can substitute for petroleum-based diesel fuel, that is derived from a renewable resource, and that meets all of the applicable requirements of the American Society for Testing and Materials for that fuel as a diesel-replacement renewable fuel for the purposes of this section.

AB40, s. 2318 Section 2318. 100.60 (7) (b) of the statutes is amended to read:

AB40,929,2 100.60 (7) (b) The department of commerce safety and professional services may promulgate a rule designating a fuel that can substitute for gasoline, that is derived from a renewable resource, and that meets all of the applicable requirements of the American Society for Testing and Materials for that fuel as a gasoline-replacement renewable fuel for the purposes of this section.

AB40, s. 2319 Section 2319. Chapter 101 (title) of the statutes is amended to read:

AB40,929,4 CHAPTER 101

AB40,929,7 DEPARTMENT OF COMMERCE safety and professional services — regulation of industry, buildings and safety

AB40, s. 2320 Section 2320. 101.01 (1m) of the statutes is amended to read:

AB40,929,10 101.01 (1m) "Department" means the department of commerce safety and professional services.

AB40, s. 2321 Section 2321. 101.01 (14) of the statutes is amended to read:

AB40,929,13 101.01 (14) "Secretary" means the secretary of commerce safety and professional services.

AB40, s. 2322 Section 2322. 101.02 (18m) of the statutes is amended to read:

AB40,929,22 101.02 (18m) The department may perform, or contract for the performance of, testing of petroleum products other than testing provided under ch. 168. The department may establish a schedule of fees for such petroleum product testing services. The department shall credit all revenues received from fees established under this subsection to the appropriation account under s. 20.143 (3) 20.165 (2) (ga). Revenues from fees established under this subsection may be used by the department to pay for testing costs, including laboratory supplies and equipment amortization, for such products.

AB40, s. 2323 Section 2323. 101.02 (20) (a) of the statutes is amended to read:

AB40,930,5 101.02 (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).

AB40, s. 2324 Section 2324. 101.02 (20) (b) of the statutes is amended to read:

AB40,930,16 101.02 (20) (b) Except as provided in par. (e), the department of commerce safety and professional services may not issue or renew a license unless each applicant who is an individual provides the department of commerce safety and professional services with his or her social security number and each applicant that is not an individual provides the department of commerce safety and professional services with its federal employer identification number. The department of commerce safety and professional services may not disclose the social security number or the federal employer identification number of an applicant for a license or license renewal except to the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

AB40, s. 2325 Section 2325. 101.02 (20) (c) of the statutes is amended to read:

AB40,930,20 101.02 (20) (c) The department of commerce safety and professional services may not issue or renew a license if the department of revenue certifies under s. 73.0301 that the applicant or licensee is liable for delinquent taxes.

AB40, s. 2326 Section 2326. 101.02 (20) (d) of the statutes is amended to read:

AB40,930,24 101.02 (20) (d) The department of commerce safety and professional services shall revoke a license if the department of revenue certifies under s. 73.0301 that the licensee is liable for delinquent taxes.

AB40, s. 2327 Section 2327. 101.02 (20) (e) 1. of the statutes is amended to read:

AB40,931,6 101.02 (20) (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 safety and professional services that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of children and families.

AB40, s. 2328 Section 2328. 101.02 (21) (a) of the statutes is amended to read:

AB40,931,14 101.02 (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).

AB40, s. 2329 Section 2329. 101.02 (21) (b) of the statutes is amended to read:

AB40,931,24 101.02 (21) (b) As provided in the memorandum of understanding under s. 49.857 and except as provided in par. (e), the department of commerce safety and professional services may not issue or renew a license unless the applicant provides the department of commerce safety and professional services with his or her social security number. The department of commerce safety and professional services may not disclose the social security number except that the department of commerce safety and professional services may disclose the social security number of an applicant for a license under par. (a) or a renewal of a license under par. (a) to the department of children and families for the sole purpose of administering s. 49.22.

AB40, s. 2330 Section 2330. 101.02 (21) (e) 1. of the statutes is amended to read:

AB40,932,6 101.02 (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 safety and professional services that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of children and families.

AB40, s. 2331 Section 2331. 101.1206 (title) of the statutes is created to read:

AB40,932,9 101.1206 (title) Erosion control; construction of public buildings and buildings that are places of employment.

AB40, s. 2332 Section 2332. 101.123 (2) (d) 4. of the statutes is amended to read:

AB40,932,13 101.123 (2) (d) 4. A location that is 25 feet or less from a residence hall or dormitory that is owned or operated by the Board of Regents of the University of Wisconsin System or Board of Trustees of the University of Wisconsin–Madison.

AB40, s. 2333 Section 2333. 101.136 of the statutes is repealed.

AB40, s. 2334 Section 2334. 101.14 (4) (b) 3. a. of the statutes is amended to read:

AB40,932,22 101.14 (4) (b) 3. a. Every residence hall and dormitory over 60 feet in height, the initial construction of which was begun before April 26, 2000, that is owned or operated by the board of regents Board of Regents of the University of Wisconsin System or the Board of Trustees of the University of Wisconsin–Madison to contain an automatic fire sprinkler system on each floor by January 1, 2006, except that those rules shall not apply to Ogg Residence Hall at the University of Wisconsin–Madison until January 1, 2008.

AB40, s. 2335 Section 2335. 101.14 (4) (b) 3. b. of the statutes is amended to read:

AB40,933,4 101.14 (4) (b) 3. b. Every residence hall and dormitory, the initial construction of which is begun on or after April 26, 2000, that is owned or operated by the board of regents Board of Regents of the University of Wisconsin System or the Board of Trustees of the University of Wisconsin–Madison to have an automatic fire sprinkler system installed on each floor at the time the residence hall or dormitory is constructed.

AB40, s. 2336 Section 2336. 101.14 (4) (b) 3. c. of the statutes is amended to read:

AB40,933,11 101.14 (4) (b) 3. c. Every residence hall and dormitory over 60 feet in height, the initial construction of which was begun before January 7, 2006, that is owned or operated by an institution of higher education, other than a residence hall or dormitory that is owned or operated by the Board of Regents of the University of Wisconsin System or the Board of Trustees of the University of Wisconsin–Madison, to contain an automatic fire sprinkler system on each floor by January 1, 2014.

AB40, s. 2337 Section 2337. 101.14 (4) (b) 3. d. of the statutes is amended to read:

AB40,933,19 101.14 (4) (b) 3. d. Every residence hall and dormitory, the initial construction of which is begun on or after January 7, 2006, that is owned or operated by an institution of higher education, other than a residence hall or dormitory that is owned or operated by the Board of Regents of the University of Wisconsin System or the Board of Trustees of the University of Wisconsin–Madison, to have an automatic fire sprinkler system installed on each floor at the time the residence hall or dormitory is constructed.

AB40, s. 2338 Section 2338. 101.143 (2) (d) of the statutes is amended to read:

AB40,933,24 101.143 (2) (d) The department shall reserve a portion, not to exceed 20%, of the amount annually appropriated under s. 20.143 (3) 20.165 (2) (v) for awards under this section to be used to fund emergency remedial action and claims that exceed the amount initially anticipated.

AB40, s. 2339 Section 2339. 101.143 (2) (h) (intro.) of the statutes is amended to read:

AB40,934,4 101.143 (2) (h) (intro.) The department of commerce safety and professional services and the department of natural resources, jointly, shall promulgate rules designed to facilitate effective and cost-efficient administration of the program under this section that specify all of the following:

AB40, s. 2340 Section 2340. 101.143 (2) (i) (intro.) of the statutes is amended to read:

AB40,934,11 101.143 (2) (i) (intro.) The department of commerce safety and professional services and the department of natural resources, jointly, shall promulgate rules specifying procedures for evaluating remedial action plans and procedures to be used by employees of the department of commerce safety and professional services and the department of natural resources while remedial actions are being conducted. The departments shall specify procedures that include all of the following:

AB40, s. 2341 Section 2341. 101.143 (2) (j) (intro.) of the statutes is amended to read:

AB40,934,15 101.143 (2) (j) (intro.) The department of commerce safety and professional services and the department of natural resources, jointly, shall promulgate rules specifying all of the following:

AB40, s. 2342 Section 2342. 101.143 (2) (k) of the statutes is amended to read:

AB40,935,4 101.143 (2) (k) In promulgating rules under pars. (h) to (j), the department of commerce safety and professional services and the department of natural resources shall attempt to reach an agreement that is consistent with those provisions. If the department of commerce safety and professional services and the department of natural resources are unable to reach an agreement, they shall refer the matters on which they are unable to agree to the secretary of administration for resolution. The secretary of administration shall resolve any matters on which the departments disagree in a manner that is consistent with pars. (h) to (j). The department of commerce safety and professional services and the department of natural resources, jointly, shall promulgate rules incorporating any agreement between the department of commerce safety and professional services and the department of natural resources under this paragraph and any resolution of disagreements between the departments by the secretary of administration under this paragraph.

AB40, s. 2343 Section 2343. 101.143 (2) (L) of the statutes is amended to read:

AB40,935,10 101.143 (2) (L) The department may promulgate rules for the assessment and collection of fees to recover its costs for providing approval under sub. (3) (c) 4. and for providing other assistance requested by applicants under this section. Any moneys collected under this paragraph shall be credited to the appropriation account under s. 20.143 (3) 20.165 (2) (Lm).

AB40, s. 2344 Section 2344. 101.143 (2e) (a) of the statutes is amended to read:

AB40,935,18 101.143 (2e) (a) The department of commerce safety and professional services and the department of natural resources shall attempt to agree on a method, which shall include individualized consideration of the routes for migration of petroleum product contamination at each site, for determining the risk to public health, safety and welfare and to the environment posed by discharges for which the department of commerce safety and professional services receives notification under sub. (3) (a) 3.

AB40, s. 2345 Section 2345. 101.143 (2e) (b) of the statutes is amended to read:

AB40,936,5 101.143 (2e) (b) If the department of commerce safety and professional services and the department of natural resources are unable to reach an agreement under par. (a), they shall refer the matters on which they are unable to agree to the secretary of administration for resolution. The secretary of administration shall resolve any matters on which the departments disagree in a manner that is consistent with par. (a). The department of commerce safety and professional services and the department of natural resources, jointly, shall promulgate rules incorporating any agreement between the department of commerce safety and professional services and the department of natural resources under par. (a) and any resolution of disagreements between the departments by the secretary of administration under this paragraph.

AB40, s. 2346 Section 2346. 101.143 (2e) (c) of the statutes is amended to read:

AB40,936,11 101.143 (2e) (c) The department of natural resources or, if the discharge is covered under s. 101.144 (2) (b), the department of commerce safety and professional services shall apply the method in the rules promulgated under par. (b) to determine the risk posed by a discharge for which the department of commerce safety and professional services receives notification under sub. (3) (a) 3.

AB40, s. 2347 Section 2347. 101.143 (2m) of the statutes is amended to read:

AB40,936,18 101.143 (2m) Interdepartmental coordination. Whenever the department of commerce safety and professional services receives a notification under sub. (3) (a) 3. or the department of natural resources receives a notification of a petroleum product discharge under s. 292.11, the department receiving the notification shall contact the other department and shall schedule a meeting of the owner or operator or person owning a home oil tank system and representatives of both departments.

AB40, s. 2348 Section 2348. 101.143 (3) (c) 4. of the statutes is amended to read:

AB40,936,23 101.143 (3) (c) 4. Receive written approval from the department of natural resources or, if the discharge is covered under s. 101.144 (2) (b), from the department of commerce safety and professional services that the remedial action activities performed under subd. 3. meet the requirements of s. 292.11.

AB40, s. 2349 Section 2349. 101.143 (3) (cm) of the statutes is amended to read:

AB40,937,6 101.143 (3) (cm) Monitoring as remedial action. An owner or operator or person owning a home oil tank system may, with the approval of the department of natural resources or, if the discharge is covered under s. 101.144 (2) (b), the department of commerce safety and professional services, satisfy the requirements of par. (c) 2. and 3. by proposing and implementing monitoring to ensure the effectiveness of natural attenuation of petroleum product contamination.

AB40, s. 2350 Section 2350. 101.143 (3) (cp) 1. of the statutes is amended to read:

AB40,937,14 101.143 (3) (cp) 1. Except as provided in subds. 2. to 5., if the department of natural resources or, if the site is covered under s. 101.144 (2) (b), the department of commerce safety and professional services estimates that the cost to complete a site investigation, remedial action plan and remedial action for an occurrence exceeds $60,000, the department of commerce safety and professional services shall implement a competitive public bidding process to obtain information to assist in making the determination under par. (cs).

AB40, s. 2351 Section 2351. 101.143 (3) (cp) 2. of the statutes is amended to read:

AB40,937,20 101.143 (3) (cp) 2. The department of commerce safety and professional services or the department of natural resources may waive the requirement under subd. 1. if an enforcement standard is exceeded in groundwater within 1,000 feet of a well operated by a public utility, as defined in s. 196.01 (5), or within 100 feet of any other well used to provide water for human consumption.