AB163: Bill Text

AB163,222 Section 222. 54.15 (8) (a) 3. of the statutes is amended to read:

AB163,54,6 54.15 (8) (a) 3. Any license, certificate, permit, or registration of the proposed guardian that is required under chs. 89, 202, or 440 to 480 or by the laws of another state for the practice of a profession or occupation has been suspended or revoked.

AB163,223 Section 223. 55.043 (4) (b) 5. of the statutes is amended to read:

AB163,54,12 55.043 (4) (b) 5. Refer the case to the department of safety and professional services financial institutions and professional standards if the financial exploitation, neglect, self-neglect, or abuse involves an individual who is required to be registered under s. 202.13 or 202.14 or to hold a credential, as defined in s. 440.01 (2) (a), under chs. 440 to 460.

AB163,224 Section 224. 55.043 (4) (b) 5g. of the statutes is repealed.

AB163,225 Section 225. 59.57 (1) (b) of the statutes is amended to read:

AB163,54,19 59.57 (1) (b) If a county with a population of 500,000 750,000 or more appropriates money under par. (a) to fund nonprofit agencies, the county shall have a goal of expending 20% of the money appropriated for this purpose to fund a nonprofit agency that is actively managed by minority group members, as defined in s. 16.287 203.07 (1) (f), and that principally serves minority group members.

AB163,226 Section 226. 66.1309 (1) (b) 1. of the statutes is amended to read:

AB163,54,24 66.1309 (1) (b) 1. The division of banking department of financial institutions and professional standards as conservator, liquidator, or rehabilitator of any person, partnership, or corporation, and persons, partnerships, and corporations organized under or subject to the provisions of the banking law.

AB163,227 Section 227. 66.1317 (2) (a) 4. of the statutes is amended to read:

AB163,55,4 66.1317 (2) (a) 4. The division of banking department of financial institutions and professional standards as conservator, liquidator, or rehabilitator of any person, partnership, or corporation, and persons, partnerships, or corporations organized under or subject to chs. 600 to 646.

AB163,228 Section 228. 67.12 (12) (a) of the statutes is amended to read:

AB163,55,16 67.12 (12) (a) Any municipality may issue promissory notes as evidence of indebtedness for any public purpose, as defined in s. 67.04 (1) (b), including but not limited to paying any general and current municipal expense, and refunding any municipal obligations, including interest on them. Each note, plus interest if any, shall be repaid within 10 years after the original date of the note, except that notes issued under this section for purposes of ss. 119.498, 145.245 (12m) , 2013 stats., 281.58, 281.59, 281.60, 281.61, and 292.72, issued to raise funds to pay a portion of the capital costs of a metropolitan sewerage district, or issued by a 1st class city or a county having a population of 500,000 750,000 or more, to pay unfunded prior service liability with respect to an employee retirement system, shall be repaid within 20 years after the original date of the note.

AB163,229 Section 229. 71.05 (6) (b) 28. (intro.) of the statutes is amended to read:

AB163,55,25 71.05 (6) (b) 28. (intro.) An amount paid by a claimant for tuition expenses and mandatory student fees for a student who is the claimant or who is the claimant's child and the claimant's dependent who is claimed under section 151 (c) of the Internal Revenue Code, to attend any university, college, technical college or a school approved authorized under s. 38.50 440.52, that is located in Wisconsin or to attend a public vocational school or public institution of higher education in Minnesota under the Minnesota-Wisconsin reciprocity agreement under s. 39.47, calculated as follows:

AB163,230 Section 230. 71.07 (5j) (a) 2d. of the statutes is amended to read:

AB163,56,7 71.07 (5j) (a) 2d. "Diesel replacement renewable fuel" includes biodiesel and any other fuel 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 or the department of safety and professional services financial institutions and professional standards designates by rule as a diesel replacement renewable fuel.

AB163,231 Section 231. 71.07 (5j) (a) 2m. of the statutes is amended to read:

AB163,56,14 71.07 (5j) (a) 2m. "Gasoline replacement renewable fuel" includes ethanol and any other fuel 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 or the department of safety and professional services financial institutions and professional standards designates by rule as a gasoline replacement renewable fuel.

AB163,232 Section 232. 71.07 (5j) (c) 3. of the statutes is amended to read:

AB163,56,21 71.07 (5j) (c) 3. The department of commerce or the department of safety and professional services financial institutions and professional standards shall establish standards to adequately prevent, in the distribution of conventional fuel to an end user, the inadvertent distribution of fuel containing a higher percentage of renewable fuel than the maximum percentage established by the federal environmental protection agency for use in conventionally-fueled engines.

AB163,233 Section 233. 71.07 (5r) (a) 2. of the statutes is amended to read:

AB163,56,24 71.07 (5r) (a) 2. "Course of instruction" has the meaning given in s. 38.50 440.52 (1) (c).

AB163,234 Section 234. 71.07 (5r) (a) 6. b. of the statutes is amended to read:

AB163,57,2 71.07 (5r) (a) 6. b. A school approved authorized under s. 38.50 440.52, if the delivery of education occurs in this state.

AB163,235 Section 235. 71.26 (1) (d) of the statutes is amended to read:

AB163,57,16 71.26 (1) (d) Bank in liquidation. Income of any bank placed in the hands of the division of banking department of financial institutions and professional standards for liquidation under s. 220.08, if the tax levied, assessed or collected under this chapter on account of such bank diminishes the assets thereof so that full payment of all depositors cannot be made. Whenever the division of banking department of financial institutions and professional standards certifies to the department of revenue that the tax or any part thereof levied and assessed under this chapter against any such bank will so diminish the assets thereof that full payment of all depositors cannot be made, the department of revenue shall cancel and abate such tax or part thereof, together with any penalty thereon. This paragraph shall apply to unpaid taxes which were levied and assessed subsequent to the time the bank was taken over by the division of banking department of financial institutions and professional standards.

AB163,236 Section 236. 71.28 (5j) (a) 2d. of the statutes is amended to read:

AB163,57,23 71.28 (5j) (a) 2d. "Diesel replacement renewable fuel" includes biodiesel and any other fuel 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 or the department of safety and professional services financial institutions and professional standards designates by rule as a diesel replacement renewable fuel.

AB163,237 Section 237. 71.28 (5j) (a) 2m. of the statutes is amended to read:

AB163,58,6 71.28 (5j) (a) 2m. "Gasoline replacement renewable fuel" includes ethanol and any other fuel 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 or the department of safety and professional services financial institutions and professional standards designates by rule as a gasoline replacement renewable fuel.

AB163,238 Section 238. 71.28 (5j) (c) 3. of the statutes is amended to read:

AB163,58,13 71.28 (5j) (c) 3. The department of commerce or the department of safety and professional services financial institutions and professional standards shall establish standards to adequately prevent, in the distribution of conventional fuel to an end user, the inadvertent distribution of fuel containing a higher percentage of renewable fuel than the maximum percentage established by the federal environmental protection agency for use in conventionally-fueled engines.

AB163,239 Section 239. 71.28 (5r) (a) 2. of the statutes is amended to read:

AB163,58,16 71.28 (5r) (a) 2. "Course of instruction" has the meaning given in s. 38.50 440.52 (1) (c).

AB163,240 Section 240. 71.28 (5r) (a) 6. b. of the statutes is amended to read:

AB163,58,19 71.28 (5r) (a) 6. b. A school approved authorized under s. 38.50 440.52, if the delivery of education occurs in this state.

AB163,241 Section 241. 71.47 (5r) (a) 2. of the statutes is amended to read:

AB163,58,22 71.47 (5r) (a) 2. "Course of instruction" has the meaning given in s. 38.50 440.52 (1) (c).

AB163,242 Section 242. 71.47 (5r) (a) 6. b. of the statutes is amended to read:

AB163,58,25 71.47 (5r) (a) 6. b. A school approved authorized under s. 38.50 440.52, if the delivery of education occurs in this state.

AB163,243 Section 243. 73.0301 (1) (d) 3. of the statutes is amended to read:

AB163,59,7 73.0301 (1) (d) 3. A license, certificate of approval, provisional license, conditional license, certification, certification card, registration, permit, training permit or approval specified in s. 50.35, 50.49 (6) (a) or (10), 51.038, 51.04, 51.42 (7) (b) 11., 51.421 (3) (a), 51.45 (8), 146.40 (3), (3g), or (3m), 252.23 (2), 252.24 (2), 254.176, 254.20 (3), 255.08 (2) (a), 256.15 (5) (a) or (b), (6g) (a), (7), or (8) (a) or (f) or 343.305 (6) (a) or a permit for operation of a campground specified in s. 254.47 (1).

AB163,244 Section 244. 73.0301 (1) (d) 6. of the statutes is amended to read:

AB163,59,13 73.0301 (1) (d) 6. A license or certificate of registration issued by the department of financial institutions, or a division of it, and professional standards under ss. 138.09, 138.12, 138.14, 202.12 to 202.14, 202.22, 217.06, 218.0101 to 218.0163, 218.02, 218.04, 218.05, 224.72, 224.725, 224.93, or under subch. IV of ch. 551.

AB163,245 Section 245. 73.0301 (1) (e) of the statutes is amended to read:

AB163,59,22 73.0301 (1) (e) "Licensing department" means the department of administration; the department of agriculture, trade and consumer protection; the board of commissioners of public lands; the department of children and families; the government accountability board; the department of financial institutions and professional standards; the department of health services; the department of natural resources; the department of public instruction; the department of safety and professional services; the department of workforce development; the office of the commissioner of insurance; or the department of transportation.

AB163,246 Section 246. 84.075 (1c) (a) of the statutes is amended to read:

AB163,59,25 84.075 (1c) (a) "Disabled veteran-owned business" means a business certified by the department of administration under s. 16.283 203.03 (3).

AB163,247 Section 247. 84.075 (1c) (b) of the statutes is amended to read:

AB163,60,3 84.075 (1c) (b) "Minority business" means a business certified by the department of administration under s. 16.287 203.07 (2).

AB163,248 Section 248. 84.076 (1) (c) of the statutes is amended to read:

AB163,60,6 84.076 (1) (c) "Minority business" has the meaning given under s. 16.287 203.07 (1) (e) 1.

AB163,249 Section 249. 84.076 (1) (d) of the statutes is amended to read:

AB163,60,9 84.076 (1) (d) "Minority group member" has the meaning given under s. 16.287 203.07 (1) (f).

AB163,250 Section 250. 85.25 (2) (c) 1m. b. of the statutes is amended to read:

AB163,60,12 85.25 (2) (c) 1m. b. It is currently performing a useful business function as defined in s. 16.287 203.07 (1) (h).

AB163,251 Section 251. 89.02 (3d) of the statutes is created to read:

AB163,60,15 89.02 (3d) "Department" means the department of agriculture, trade and consumer protection.

AB163,252 Section 252. 89.063 of the statutes is created to read:

AB163,60,20 89.063 Fees. The department shall determine by rule the fees for each initial license, certification, and permit issued under ss. 89.06 and 89.072, and, if applicable, for renewal of the license, certification, or permit, including late fees, based on the department's administrative and enforcement costs under this chapter.

AB163,253 Section 253. 89.085 of the statutes is created to read:

AB163,60,24 89.085 Unauthorized practice. (1) The department may conduct investigations, hold hearings, and make findings as to whether a person has engaged in a practice or used a title without a credential required under this chapter.

AB163,61,4 (2) If, after holding a public hearing, the department determines that a person has engaged in a practice or used a title without a required credential, the department may issue a special order enjoining the person from continuing the practice or use of the title.

AB163,61,8 (3) In lieu of holding a public hearing, if the department has reason to believe that a person has engaged in a practice or used a title without a required credential, the department may petition the circuit court for a temporary restraining order or an injunction as provided in ch. 813.

AB163,61,13 (4) (a) Any person who violates a special order issued under sub. (2) may be required to forfeit not more than $10,000 for each offense. Each day of continued violation constitutes a separate offense. The attorney general or any district attorney may commence an action in the name of the state to recover a forfeiture under this paragraph.

AB163,61,16 (b) Any person who violates a temporary restraining order or an injunction issued by a court upon a petition under sub. (3) may be fined not less than $25 nor more than $5,000 or imprisoned for not more than one year in the county jail or both.

AB163,254 Section 254. 93.135 (1) (a) of the statutes is renumbered 93.135 (1) (ag).

AB163,255 Section 255. 93.135 (1) (ab) of the statutes is created to read:

AB163,61,19 93.135 (1) (ab) A license, certification, or permit under ch. 89.

AB163,256 Section 256. 93.20 (1) of the statutes is amended to read:

AB163,61,23 93.20 (1) Definition. In this section, "action" means an action that is commenced in court by, or on behalf of, the department of agriculture, trade and consumer protection to enforce chs. 88, 89, 91 to 100, or 126.

AB163,257 Section 257. 93.22 (1) of the statutes is amended to read:

AB163,62,2 93.22 (1) In cases arising under chs. 88, 89, and 93 to 100, the department may be represented by its attorney.

AB163,258 Section 258. 93.22 (2) of the statutes is amended to read:

AB163,62,7 93.22 (2) The department may, with the approval of the governor, appoint special counsel to prosecute or assist in the prosecution of any case arising under chs. 88, 89, and 93 to 100. The cost of such special counsel shall be charged to the appropriation for the department.

AB163,259 Section 259. 93.22 (3) of the statutes is amended to read:

AB163,62,14 93.22 (3) In any criminal or civil action under chs. 88, 89, and 93 to 100, any exception, exemption, proviso, excuse, or qualification contained in any of said chapters, or in any order, standard, or regulation thereunder, may be proved by the defendant, but need not be specified or negatived in the information or complaint, and, if so specified or negatived, no proof in relation to the matters so specified or negatived, shall be required of the plaintiff.

AB163,260 Section 260. 94.67 (33m) of the statutes is amended to read:

AB163,62,17 94.67 (33m) "Veterinarian" means an individual who is licensed as a veterinarian under ch. 453 89.

AB163,261 Section 261. 94.67 (33t) of the statutes is amended to read:

AB163,62,20 94.67 (33t) "Veterinary technician" means an individual who is certified as a veterinary technician under ch. 453 89.

AB163,262 Section 262. 95.21 (1) (e) of the statutes is amended to read:

AB163,62,23 95.21 (1) (e) "Veterinarian" has the meaning designated under s. 453.02 89.02 (7).

AB163,263 Section 263. 95.21 (1) (em) of the statutes is amended to read:

AB163,63,2 95.21 (1) (em) "Veterinary technician" has the meaning designated under s. 453.02 89.02 (12).

AB163,264 Section 264. 95.21 (2) (a) of the statutes is amended to read:

AB163,63,18 95.21 (2) (a) Requirement for vaccination. Except as provided in s. 174.054 or sub. (9) (d), the owner of a dog shall have the dog vaccinated against rabies by a veterinarian or, if a veterinarian is physically present at the location the vaccine is administered, by a veterinary technician, pursuant to s. 453.05 89.05 (2) (d), at no later than 5 months of age and revaccinated within one year after the initial vaccination. If the owner obtains the dog or brings the dog into this state after the dog has reached 5 months of age, the owner shall have the dog vaccinated against rabies within 30 days after the dog is obtained or brought into the state unless the dog has been vaccinated as evidenced by a current certificate of rabies vaccination from this state or another state. The owner of a dog shall have the dog revaccinated against rabies by a veterinarian or, if a veterinarian is physically present at the location the vaccine is administered, by a veterinary technician, pursuant to s. 453.05 89.05 (2) (d), before the date that the immunization expires as stated on the certificate of vaccination or, if no date is specified, within 3 years after the previous vaccination.

AB163,265 Section 265. 100.67 of the statutes is created to read: