AB40: Bill Text

AB40,1028,25 167.21 (1) (b) "Department" means the department of commerce safety and professional services.

AB40, s. 2695 Section 2695. 167.27 (5) of the statutes is amended to read:

AB40,1029,20 167.27 (5) Whenever any mine shaft, exploration shaft or test well is abandoned or its use discontinued, the operator or contractor shall promptly fill same to grade or enclose the same with a fence of strong woven wire not less than 46 inches wide with one barbwire above or cap same with a reinforced concrete slab at least 6 inches thick or with a native boulder at least 3 times the diameter of the top of the shaft or test well bore. The strands of the woven wire shall not be smaller than No. 12 wire and the cross wires and meshes shall not be smaller than No. 16 wire; the strands shall not be more than 12 inches apart, and the meshes shall not exceed 8 inches square. All wires must be tightly stretched and securely fastened to sufficient posts firmly set not more than 8 feet apart. In case any person shall neglect to repair or rebuild such fence which the person is so required to build and maintain, any person may complain to the department of commerce safety and professional services or to the local governing body, which shall give notice in writing to the person who is required to build and maintain such fence. The department of commerce safety and professional services or the local governing body shall then proceed to examine the fence, and if it shall determine that such fence is insufficient, it shall notify the person responsible for its erection and maintenance and direct the person to repair or rebuild the fence within such time as it shall deem reasonable. Any person refusing to comply with such order shall be subject to the penalties provided.

AB40, s. 2696 Section 2696. 167.27 (8) of the statutes is amended to read:

AB40,1029,24 167.27 (8) Any violation of this section coming to the attention of the department of commerce safety and professional services or municipal authorities shall be reported to the attorney general or district attorney for prosecution.

AB40, s. 2697 Section 2697. 167.31 (4) (a) 4. b. of the statutes is amended to read:

AB40,1030,3 167.31 (4) (a) 4. b. He or she holds a certificate of proficiency to carry a firearm issued by the department of regulation and licensing safety and professional services.

AB40, s. 2698 Section 2698. 167.31 (4) (a) 4. e. of the statutes is amended to read:

AB40,1030,6 167.31 (4) (a) 4. e. His or her firearm is in plain view, as defined by rule by the department of regulation and licensing safety and professional services.

AB40, s. 2699 Section 2699. 167.35 (1) (b) of the statutes is amended to read:

AB40,1030,9 167.35 (1) (b) "Department" means the department of commerce safety and professional services unless the context requires otherwise.

AB40, s. 2700 Section 2700. 167.35 (7) (b) of the statutes is amended to read:

AB40,1030,15 167.35 (7) (b) The department of revenue, in the course of conducting any inspection or examination authorized under s. 139.39, may inspect cigarettes to determine if the cigarettes are marked as provided under sub. (4), and the department of revenue shall notify the department of commerce safety and professional services of any unmarked cigarettes.

AB40, s. 2701 Section 2701. 167.35 (7) (c) of the statutes is amended to read:

AB40,1030,24 167.35 (7) (c) Authorized personnel from the department of justice, from the department of commerce safety and professional services, and from the department of revenue, and any sheriff, police officer, or other law enforcement personnel, within their respective jurisdictions, may enter and inspect any premises where cigarettes are made, sold, offered for sale, or stored to determine if the cigarettes comply with this section. An inspection under this paragraph includes examining the books, papers, invoices, and other records of any person who is subject to this section and who is in control, possession, or occupancy of the premises.

AB40, s. 2702 Section 2702. 168.01 (1) of the statutes is amended to read:

AB40,1031,2 168.01 (1) "Department" means the department of commerce safety and professional services.

AB40, s. 2703 Section 2703. 170.12 (3) (dm) of the statutes is repealed.

AB40, s. 2704 Section 2704. 174.13 (2) of the statutes is amended to read:

AB40,1031,20 174.13 (2) Any officer or pound which has custody of an unclaimed dog may release the dog to the University of Wisconsin System, the University of Wisconsin–Madison, the Medical College of Wisconsin, Inc., or to any other educational institution of higher learning chartered under the laws of the state and accredited to the University of Wisconsin System or University of Wisconsin–Madison, upon requisition by the institution. The requisition shall be in writing, shall bear the signature of an authorized agent, and shall state that the dog is requisitioned for scientific or educational purposes. If a requisition is made for a greater number of dogs than is available at a given time, the officer or pound may supply those immediately available and may withhold from other disposition all unclaimed dogs coming into the officer's or pound's custody until the requisition is fully discharged, excluding impounded dogs as to which ownership is established within a reasonable period. A dog left by its owner for disposition is not considered an unclaimed dog under this section. If operated by a county, city, village or town, the officer or pound is entitled to the payment of $1 for each dog requisitioned. An institution making a requisition shall provide for the transportation of the dog.

AB40, s. 2705 Section 2705. 182.0175 (1m) (e) 2. of the statutes is amended to read:

AB40,1031,25 182.0175 (1m) (e) 2. The department of commerce safety and professional services may promulgate a rule that requires retail suppliers, as defined in s. 101.16 (1) (d), of propane to inform their customers each year of the obligation of owners of transmission facilities under this section.

AB40, s. 2706 Section 2706. 185.983 (1) (intro.) of the statutes is amended to read:

AB40,1032,9 185.983 (1) (intro.) Every voluntary nonprofit health care plan operated by a cooperative association organized under s. 185.981 shall be exempt from chs. 600 to 646, with the exception of ss. 601.04, 601.13, 601.31, 601.41, 601.42, 601.43, 601.44, 601.45, 611.26, 611.67, 619.04, 623.11, 623.12, 628.34 (10), 631.17, 631.89, 631.93, 631.95, 632.72 (2), 632.745 to 632.749, 632.775, 632.79, 632.795, 632.798, 632.85, 632.853, 632.855, 632.87 (2), (2m), (3), (4), (5), and (6), 632.885, 632.89, 632.895 (5) and (8) to (17) (16m), 632.896, and 632.897 (10) and chs. 609, 620, 630, 635, 645, and 646, but the sponsoring association shall:

AB40, s. 2707 Section 2707. 186.235 (15) (b) of the statutes is amended to read:

AB40,1032,17 186.235 (15) (b) Witness fees shall be the same as fees under s. 814.67 (1) (b) and (c). The fees of witnesses who are called by the office in the interests of the state shall be paid by the state upon presentation of proper vouchers approved by the office of credit unions and charged to the appropriation under s. 20.144 (2) (1) (g). A witness subpoenaed by the office at the instance of a party other than the office shall not be entitled to payment of fees by the state unless the office certifies that the testimony was material to the purpose for which the subpoena was issued.

AB40, s. 2708 Section 2708. 196.374 (2) (a) 2. e. of the statutes is amended to read:

AB40,1033,2 196.374 (2) (a) 2. e. Components to implement energy efficiency or renewable energy measures in facilities of manufacturing businesses in this state that are consistent with the objectives under s. 560.128 (1) (a) the implementation of energy efficiency or renewable energy measures in manufacturing facilities to enhance their competitiveness, the retooling of existing facilities to manufacture products that support the green economy, the expansion or establishment of domestic clean energy manufacturing operations, and creating or retaining jobs for workers engaged in such activities.

AB40, s. 2709 Section 2709. 196.374 (2) (a) 4. of the statutes is repealed.

AB40, s. 2710 Section 2710. 196.374 (3) (a) of the statutes is amended to read:

AB40,1033,16 196.374 (3) (a) In general. The commission shall have oversight of programs under sub. (2). The commission shall maximize coordination of program delivery, including coordination between programs under subs. (2) (a) 1., (b) 1. and 2., and (c) and (7), ordered programs, low-income weatherization programs under s. 16.957, renewable resource programs under s. 196.378, and other energy efficiency or renewable resource programs. The commission shall cooperate with the department of natural resources to ensure coordination of energy efficiency and renewable resource programs with air quality programs and to maximize and document the air quality improvement benefits that can be realized from energy efficiency and renewable resource programs. The commission shall cooperate with the department of commerce to ensure coordination of energy efficiency and renewable resource programs under sub. (2) (a) 2. e. with the loan program under s. 560.128 (1) (a).

AB40, s. 2711 Section 2711. 196.49 (4) of the statutes is amended to read:

AB40,1033,21 196.49 (4) The commission may not issue a certificate under sub. (1), (2), or (3) for the construction of electric generating equipment and associated facilities unless the commission determines that brownfields, as defined in s. 238.13 (1) (a) or s. 560.13 (1) (a), 2009 stats., are used to the extent practicable.

AB40, s. 2712 Section 2712. 196.491 (2) (b) 2. of the statutes is amended to read:

AB40,1033,23 196.491 (2) (b) 2. Department of commerce safety and professional services.

AB40, s. 2713 Section 2713. 196.491 (2) (e) of the statutes is amended to read:

AB40,1034,5 196.491 (2) (e) Any state agency, as defined in s. 560.9810 (1), office, commission, department, or independent agency in the executive branch of state government or any county, municipality, town, or person may submit written comments to the commission on a strategic energy assessment within 90 days after copies of the draft are issued under par. (b).

AB40, s. 2714 Section 2714. 196.491 (3) (a) 2m. b. of the statutes is amended to read:

AB40,1034,10 196.491 (3) (a) 2m. b. The applicant proposes alternative construction sites for the facility that are contiguous or proximate, provided that at least one of the proposed sites is a brownfield, as defined in s. 560.13 238.13 (1) (a), or the site of a former or existing large electric generating facility.

AB40, s. 2715 Section 2715. 196.491 (3) (d) 8. of the statutes is amended to read:

AB40,1034,13 196.491 (3) (d) 8. For a large electric generating facility, brownfields, as defined in s. 560.13 238.13 (1) (a), are used to the extent practicable.

AB40, s. 2716 Section 2716. 200.49 (1) (b) of the statutes is amended to read:

AB40,1034,16 200.49 (1) (b) "Minority group member" has the meaning given under s. 560.036 490.04 (1) (f).

AB40, s. 2717 Section 2717. 200.57 (1) (a) of the statutes is amended to read:

AB40,1034,21 200.57 (1) (a) "Disabled veteran-owned financial adviser" and "disabled veteran-owned investment firm" mean a financial adviser and investment firm, respectively, certified by the department of commerce safety and professional services under s. 560.0335 490.02 (3).

AB40, s. 2718 Section 2718. 200.57 (1) (b) of the statutes is amended to read:

AB40,1034,25 200.57 (1) (b) "Minority financial adviser" and "minority investment firm" mean a financial adviser and investment firm, respectively, certified by the department of commerce safety and professional services under s. 560.036 490.04 (2).

AB40, s. 2719 Section 2719. 214.48 (4) (a) of the statutes is amended to read:

AB40,1035,7 214.48 (4) (a) An independent qualified appraiser, designated by the board of directors, who is properly licensed and certified by the department of regulation and licensing safety and professional services or by another entity authorized to govern appraisal licensure and certification and who meets the requirements of title XI of the financial institutions reform, recovery and enforcement act of 1989, 12 USC 3331 to 3351 and regulations adopted pursuant to those sections.

AB40, s. 2720 Section 2720. 218.0171 (2) (c) of the statutes is amended to read:

AB40,1035,20 218.0171 (2) (c) To receive a comparable new motor vehicle or a refund due under par. (b) 1. or 2., a consumer described under sub. (1) (b) 1., 2. or 3. shall offer to the manufacturer of the motor vehicle having the nonconformity to transfer title of that motor vehicle to that manufacturer. No later than 30 days after that offer, the manufacturer shall provide the consumer with the comparable new motor vehicle or refund. When the manufacturer provides the new motor vehicle or refund, the consumer shall return the motor vehicle having the nonconformity to the manufacturer and provide the manufacturer with the certificate of title and all endorsements necessary to transfer title to the manufacturer. If another person is in possession of the certificate of title, as shown by the records of the department of transportation, that person shall, upon request of the consumer, provide the certificate to the manufacturer or to the consumer.

AB40, s. 2721 Section 2721. 218.0171 (2) (cm) 2. of the statutes is amended to read:

AB40,1036,6 218.0171 (2) (cm) 2. To receive a refund due under par. (b) 3., a motor vehicle lessor shall offer to the manufacturer of the motor vehicle having the nonconformity to transfer title of that motor vehicle to that manufacturer. No later than 30 days after that offer, the manufacturer shall provide the refund to the motor vehicle lessor. When the manufacturer provides the refund, the motor vehicle lessor shall provide to the manufacturer the certificate of title and all endorsements necessary to transfer title to the manufacturer. If another person is in possession of the certificate of title, as shown by the records of the department of transportation, that person shall, upon request of the motor vehicle lessor, provide the certificate to the manufacturer or to the motor vehicle lessor.

AB40, s. 2722 Section 2722. 218.11 (2) (am) 3. of the statutes is amended to read:

AB40,1036,11 218.11 (2) (am) 3. The department of commerce may not disclose any information received under subd. 1. to any person except to the department of children and families for purposes of administering s. 49.22 or to the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

AB40, s. 2723 Section 2723. 218.12 (2) (am) 2. of the statutes is amended to read:

AB40,1036,17 218.12 (2) (am) 2. The department of commerce may not disclose a social security number obtained under par. (a) to any person except to the department of children and families for the sole purpose of administering s. 49.22 or to the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

AB40, s. 2724 Section 2724. 218.23 (1) of the statutes is amended to read:

AB40,1037,4 218.23 (1) Whenever a licensed motor vehicle salvage dealer acquires a motor vehicle for the purpose of wrecking it, the dealer shall mail or deliver the certificate of title or if the transfer to the salvage dealer was by a bill of sale, the bill of sale, for such vehicle to the department within 30 days after the vehicle is delivered to the salvage yard unless the previous owner already has done so or, if another person is in possession of the certificate of title, as shown by the records of the department of transportation, that person already has done so. If he or she the dealer subsequently wishes to transfer such vehicle to another person, he or she the dealer shall make such transfer only by bill of sale. In such bill of sale, he or she the dealer shall describe the vehicle and shall state that the certificate of title for the vehicle has been mailed or delivered to the department because the vehicle was to have been junked.

AB40, s. 2725 Section 2725. 227.01 (1) of the statutes is amended to read:

AB40,1037,10 227.01 (1) "Agency" means a board, commission, committee, department or officer in the state government, except the governor, a district attorney, or a military or judicial officer, and in subch. II includes the Board of Trustees of the University of Wisconsin–Madison with respect to rules promulgated under s. 37.11 (1m) (a), (c), and (cm) and (8).

AB40, s. 2726 Section 2726. 227.01 (13) (yc) of the statutes is created to read:

AB40,1037,13 227.01 (13) (yc) Adjusts the total cost threshold for highway projects under ss. 84.013 (2m) and 84.0145 (4).

AB40, s. 2727 Section 2727. 227.01 (13) (yL) of the statutes is repealed.

AB40, s. 2728 Section 2728. 227.01 (13) (zi) of the statutes is repealed.

AB40, s. 2729 Section 2729. 227.114 (5) of the statutes is repealed.

AB40, s. 2730 Section 2730. 227.115 of the statutes is repealed.

AB40, s. 2731 Section 2731. 227.116 (1) of the statutes is renumbered 227.116 (1r) and amended to read:

AB40,1037,24 227.116 (1r) Each proposed rule submitted to the legislative council under s. 227.15 that includes a requirement for a business to obtain a permit , as defined in s. 560.41 (2), shall specify the number of business days, calculated beginning on the day a permit application is received, within which the agency will review and make a determination on a permit application.

AB40, s. 2732 Section 2732. 227.116 (1g) of the statutes is created to read:

AB40,1038,2 227.116 (1g) In this section, "permit" means any approval of an agency required as a condition of operating a business in this state.

AB40, s. 2733 Section 2733. 227.116 (2) of the statutes is amended to read:

AB40,1038,8 227.116 (2) If any existing rule does not comply with sub. (1) (1r), the agency that promulgated the rule shall submit to the legislative council a proposed revision of the rule that will bring the rule into compliance with sub. (1) (1r). The legislative council staff's review of the proposed revision is limited to determining whether or not the agency has complied with this subsection.

AB40, s. 2734 Section 2734. 227.116 (3) of the statutes is amended to read:

AB40,1038,13 227.116 (3) Subsections (1) (1r) and (2) do not apply to a rule if the rule, or a law under which the rule was promulgated, effective prior to November 17, 1983, contains a specification of a time period for review and determination on a permit application.

AB40, s. 2735 Section 2735. 227.116 (4) (intro.) of the statutes is amended to read:

AB40,1038,19 227.116 (4) (intro.) If an agency fails to review and make a determination on a permit application within the time period specified in a rule or law, for each such failure the agency shall prepare a report and submit it to the department of commerce safety and professional services within 5 business days of the last day of the time period specified, setting forth all of the following:

AB40, s. 2736 Section 2736. 227.116 (5) of the statutes is amended to read:

AB40,1038,24 227.116 (5) If an agency fails to review and make a determination on a permit application within the time period specified in a rule or law, upon completion of the review and determination for that application, the agency shall notify the department of commerce safety and professional services.

AB40, s. 2737 Section 2737. 227.137 (1) of the statutes is amended to read:

AB40,1039,3 227.137 (1) In this section, "agency" means the departments of agriculture, trade, and consumer protection; commerce safety and professional services; natural resources; transportation; and workforce development.

AB40, s. 2738 Section 2738. 227.137 (3) (intro.) of the statutes is amended to read:

AB40,1039,13 227.137 (3) (intro.) An economic impact report shall contain information on the effect of the proposed rule on specific businesses, business sectors, and the state's economy. When preparing the report, the agency shall solicit information and advice from the department of commerce Wisconsin Economic Development Corporation, and from governmental units, associations, businesses, and individuals that may be affected by the proposed rule. The agency may request information that is reasonably necessary for the preparation of an economic impact report from other state agencies, governmental units, associations, businesses, and individuals. The economic impact report shall include all of the following:

AB40, s. 2739 Section 2739. 227.19 (3) (g) of the statutes is repealed.

AB40, s. 2740 Section 2740. 227.59 of the statutes is amended to read:

AB40,1040,7 227.59 Certification of certain cases from the circuit court of Dane County to other circuits. Any action or proceeding for the review of any order of an administrative officer, commission, department or other administrative tribunal of the state required by law to be instituted in or taken to the circuit court of Dane County except an action or appeal for the review of any order of the department of workforce development or the department of commerce safety and professional services or findings and orders of the labor and industry review commission which is instituted or taken and is not called for trial or hearing within 6 months after the proceeding or action is instituted, and the trial or hearing of which is not continued by stipulation of the parties or by order of the court for cause shown, shall on the application of either party on 5 days' written notice to the other be certified and transmitted for trial to the circuit court of the county of the residence or principal place of business of the plaintiff or petitioner, where the action or proceeding shall be given preference. Unless written objection is filed within the 5-day period, the order certifying and transmitting the proceeding shall be entered without hearing. The plaintiff or petitioner shall pay to the clerk of the circuit court of Dane County a fee of $2 for transmitting the record.

AB40, s. 2741 Section 2741. 229.46 (1) (ag) of the statutes is amended to read:

AB40,1040,11 229.46 (1) (ag) "Disabled veteran-owned business" means a business certified by the department of commerce safety and professional services under s. 560.0335 490.02 (3).

AB40, s. 2742 Section 2742. 229.46 (1) (b) of the statutes is amended to read: