1995 Wisconsin Act 27

27,4186 Section 4186 . 138.12 (5) (b) of the statutes is amended to read:

138.12 (5) (b) Before the commissioner division revokes, suspends or refuses to renew the license of any premium finance company, the commissioner division shall give the company an opportunity to be fully heard and to introduce evidence in the company's behalf. In lieu of revoking or suspending the license for any of the causes enumerated in this subsection, after hearing, the commissioner division may subject the premium finance company to a penalty of not more than $200 for each offense when in the commissioner's division's judgment the commissioner division finds that the public interest would not be harmed by the continued operation of such company. The amount of any penalty under this paragraph shall be paid by the company to the commissioner division for the use of the state. At any hearing under this subsection, the commissioner division may administer oaths to witnesses. Anyone testifying falsely, after having been administered the oath, shall be subject to the penalty of perjury.

27,4187 Section 4187 . 138.12 (5) (c) of the statutes is amended to read:

138.12 (5) (c) Any action of the commissioner division in refusing to issue or renew a license shall be subject to review under subch. III of ch. 227.

27,4188 Section 4188 . 138.12 (6) (a) of the statutes is amended to read:

138.12 (6) (a) Every licensee shall maintain records of its premium finance transactions and the records shall be open to an examination and investigation by the commissioner division. The commissioner division may make an examination of the books, records and accounts of any licensee as the commissioner division deems necessary. The commissioner division shall determine the cost of an examination and that cost shall be assessed against and paid by the licensee so examined. The commissioner division may, at any time, require any licensee to bring such records as the commissioner division directs to the commissioner's office division for examination.

27,4189 Section 4189 . 138.12 (7) of the statutes is amended to read:

138.12 (7) Rules and regulations. The commissioner division may make and enforce such reasonable rules as are necessary to carry out this section, but such rules shall not be contrary to nor inconsistent with this section.

27,4190 Section 4190 . 139.05 (7) (b) of the statutes is amended to read:

139.05 (7) (b) Such license shall be issued by the secretary for the period of one year and must be renewed annually to persons who hold a valid certificate issued under s. 73.03 (50). The application for such license shall be verified and shall contain an agreement on the part of the brewer that the brewer shall observe all laws of this state relating to fermented malt beverages, and such other information and statements as the secretary may require. Any such brewer who has, directly or indirectly, violated any law of this state relating to fermented malt beverages shall not be entitled to such a license. No fee shall be required for any such license. The secretary may require the applicant to furnish and file a bond to be approved by the secretary payable to the state in an amount not less than $1,000 nor more than $5,000 conditioned upon the faithful compliance by the applicant with the undertakings set forth in the application for the license.

27,4190c Section 4190c. 139.09 of the statutes is amended to read:

139.09 Registration. Every brewer, bottler, manufacturer, rectifier, wholesaler or retailer liable for payment of the occupational tax imposed in ss. 139.01 to 139.25 shall upon making application therefor be assigned a registration number by the secretary. The form of the application shall be prescribed by the secretary apply for a valid certificate under s. 73.03 (50). The secretary shall assign the person a registration number.

27,4190rb Section 4190rb. 139.31 (1) (a) of the statutes is amended to read:

139.31 (1) (a) On cigarettes weighing not more than 3 pounds per thousand, 19 22 mills on each cigarette.

27,4190rg Section 4190rg. 139.31 (1) (b) of the statutes is amended to read:

139.31 (1) (b) On cigarettes weighing more than 3 pounds per thousand, 38 44 mills on each cigarette.

27,4190u Section 4190u. 139.34 (1) (c) 7. of the statutes is amended to read:

139.34 (1) (c) 7. The person does not hold a permit under s. 77.52 (7) (9), if the person is a retailer.

27,4191m Section 4191m. 139.34 (1) (f) of the statutes is created to read:

139.34 (1) (f) The person holds a valid certificate issued under s. 73.03 (50).

27,4191r Section 4191r. 139.34 (2) of the statutes is repealed.

27,4191t Section 4191t. 139.34 (3) of the statutes is repealed.

27,4193b Section 4193b. 139.34 (9) of the statutes is amended to read:

139.34 (9) The applicant for a permit, if a nonresident, foreign corporation or foreign limited liability company, shall file proof that the applicant has appointed the secretary of state department of financial institutions as agent for the service of process on any matter arising under ss. 139.30 to 139.44. A foreign corporation without a place of business in this state need not obtain a certificate of authority under ss. 180.1501 to 180.1505. If a foreign corporation has a certificate of authority under ss. 180.1501 to 180.1505, the foreign corporation satisfies this subsection by filing the address of its registered office in this state and the name of its registered agent at that office and by promptly filing any changes to this information. A foreign limited liability company without a place of business in this state need not obtain a certificate of registration under ss. 183.1002 to 183.1007. If a foreign limited liability company has a certificate of registration under ss. 183.1002 to 183.1007, the foreign limited liability company satisfies this subsection by filing the address of its registered office in this state and the name of its registered agent at that office and by promptly filing any changes to this information.

27,4194 Section 4194 . 139.37 (1) (a) of the statutes is amended to read:

139.37 (1) (a) No person shall sell or take orders for cigarettes for resale in this state for any manufacturer or permittee without first obtaining a salesperson's permit from the department of revenue. No manufacturer or permittee shall authorize any person to sell or take orders for cigarettes in this state without first having such person secure a salesperson's permit. The fee for such permit is $2 department shall issue the required number of permits to manufacturers and permittees who hold a valid certificate issued under s. 73.03 (50). Each application for a permit shall disclose the name and address of the employer and such permit shall remain effective only while the salesperson represents such named employer. If such salesperson is thereafter employed by another manufacturer or permittee the salesperson shall obtain a new salesperson's permit. Each manufacturer and permittee shall notify the department within 10 days after the resignation or dismissal of any such salesperson holding a permit.

27,4195m Section 4195m. 139.79 (2) of the statutes is amended to read:

139.79 (2) Section 139.34 (1) (b) to (e), (2) to (f), (4) and (9) applies to the permits under this section.

27,4196 Section 4196 . Chapter 142 (title) of the statutes is repealed.

27,4197 Section 4197 . 142.07 (title) of the statutes is renumbered 233.40 (title) and amended to read:

233.40 (title) Hospital Hospitals charges.

27,4198 Section 4198 . 142.07 (1) of the statutes is renumbered 233.40 (1) and amended to read:

233.40 (1) Rates. The university of Wisconsin hospital and clinics University of Wisconsin Hospitals and Clinics shall treat patients so admitted at rates computed in the following manner:

(a) Room rate. The superintendent chief executive officer shall establish with the approval of the board of regents directors a schedule of room rates for patients which may be adjusted by the superintendent chief executive officer with the approval of the board of regents directors to meet changes in the cost of operation. As used in this section “room rates" includes the charges for meals and for ordinary nursing care.

(c) Ancillary services. All services provided except those covered by the room rate shall be charged for in accordance with a schedule established and maintained for public inspection by the university of Wisconsin hospital and clinics University of Wisconsin Hospitals and Clinics Authority.

27,4199 Section 4199 . 142.07 (3) of the statutes is renumbered 233.40 (3) and amended to read:

233.40 (3) Indian children. Indian children whose hospital care is to be paid from funds granted the office of Indian affairs, U.S. department of interior, shall be admitted to the university of Wisconsin hospital and clinics University of Wisconsin Hospitals and Clinics at the rates established under sub. (1).

27,4200 Section 4200 . 142.07 (4) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 233.40 (4) and amended to read:

233.40 (4) Additional charges forbidden. The university of Wisconsin hospital and clinics University of Wisconsin Hospitals and Clinics Authority may not charge any compensation other than the amount provided by the board of regents of the university of Wisconsin system directors for any of the following patients:

(c) Any child referred to the hospital or its hospitals or their clinics by the children's consultation service of a mental health institute under s. 46.041.

(d) Any pupil referred to the hospital or its hospitals or their clinics by the state superintendent of public instruction under s. 115.53 (4).

(e) Any American Indian child admitted to the hospitals whose care is being paid under sub. (3).

27,4201 Section 4201 . 142.07 (4) (a) of the statutes is repealed.

27,4202 Section 4202 . 142.09 of the statutes is renumbered 233.41 and amended to read:

233.41 Soldiers preferred patients. In admitting patients to the hospital University of Wisconsin Hospitals and Clinics, preference shall be given to honorably discharged veterans of any of the wars of the United States or who is otherwise eligible for benefits from the department of veterans affairs. Preference is hereby defined to mean that whenever the superintendent chief executive officer of the hospital authority is notified that the applicant is such a veteran, such veteran shall be the next person so admitted to the hospital, except in case of an emergency.

27,4203 Section 4203 . 142.11 of the statutes is renumbered 233.42 and amended to read:

233.42 Subject to ch. 150. The university of Wisconsin hospital and clinics University of Wisconsin Hospitals and Clinics is subject to ch. 150.

27,4204 Section 4204 . 144.01 (13) of the statutes is amended to read:

144.01 (13) “Sewage" means the water carried wastes created in and to be conducted away from residences, industrial establishments, and public buildings as defined in s. 101.01 (2) (12), with such surface water or groundwater as may be present.

27,4205e Section 4205e. 144.025 (2) (p) of the statutes is repealed.

27,4206 Section 4206 . 144.0252 of the statutes is created to read:

144.0252 Fees for water quality determinations for wetlands. (1) Amount of fees. The department shall charge a fee for determining whether a project complies with the standards of water quality promulgated by rule under s.144.025 (2) (b) that are applicable to wetlands. The fee for each project shall be $100.

(2) Adjustments in fees. (a) The department shall refund the fee if the applicant requests a refund before the department determines that the application for the determination is complete. The department may not refund a fee after the department determines that the application is complete.

(b) If the applicant applies for a permit after the project is begun or after it is completed, the department shall charge an amount equal to twice the amount of the fee that it would have charged under this section.

(c) If more than one fee under this section or s. 30.28 (2) (a) or 31.39 (2) (a) is applicable to a project, the department shall charge only the highest fee of those that are applicable.

(d) The department, by rule, may increase the fee specified in sub. (1).

(3) Exemptions. This section does not apply to any federal agency or state agency.

27,4208 Section 4208 . 144.027 (4) (b) 3. of the statutes is amended to read:

144.027 (4) (b) 3. An authority created under ch. 231, 233 or 234.

27,4209 Section 4209 . 144.027 (5) (f) of the statutes is amended to read:

144.027 (5) (f) The department shall allocate money for the payment of claims according to the order in which completed claims are received. The department may conditionally approve a completed claim even if the appropriation under s. 20.370 (4) (cv) (6) (cr) is insufficient to pay the claim. The department shall allocate money for the payment of a claim which is conditionally approved as soon as funds become available.

27,4210 Section 4210 . 144.027 (18) of the statutes is amended to read:

144.027 (18) Suspension or revocation of licenses. The department may suspend or revoke a license issued under ch. 162 if the department finds that the licensee falsified information submitted under this section. The department of industry, labor and human relations development may suspend or revoke the license of a plumber licensed under ch. 145 if the department of industry, labor and human relations development finds that the plumber falsified information submitted under this section.

27,4214 Section 4214 . 144.24 (7) (c) 1. of the statutes is amended to read:

144.24 (7) (c) 1. Metropolitan sewerage districts that serve 1st class cities are limited in each fiscal year to receiving total grant awards not to exceed 33% of the sum of the amounts in the schedule for that fiscal year for the appropriation under s. 20.445 (1) 20.143 (3) (de) and the amount authorized under sub. (10) for that fiscal year plus the unencumbered balance at the end of the preceding fiscal year for the amount authorized under sub. (10). This subdivision is not applicable to grant awards provided during fiscal years 1985-86, 1986-87, 1988-89 and 1989-90.

27,4215 Section 4215 . 144.241 (1) (a) of the statutes is repealed.

27,4217 Section 4217 . 144.241 (1) (cm) of the statutes is created to read:

144.241 (1) (cm) “Median household income" means median household income determined by the U.S. bureau of the census as adjusted by the department to reflect changes in household income since the most recent federal census.

27,4218 Section 4218 . 144.241 (1) (cs) of the statutes is created to read:

144.241 (1) (cs) “Residential user" means a structure or part of a structure, including a mobile home, that is used primarily as a home, residence or sleeping place by one person or 2 or more persons maintaining a common household and that uses a publicly owned treatment work. “Residential user" does not include an institutional, commercial, industrial or governmental facility.

27,4219 Section 4219 . 144.241 (2) of the statutes is amended to read:

144.241 (2) Rules. The department shall promulgate rules that are necessary for the proper execution of its responsibilities under this section.

27,4220 Section 4220 . 144.241 (3m) (a) of the statutes is amended to read:

144.241 (3m) (a) A list of wastewater treatment projects that the department estimates will receive notices of financial assistance commitment under sub. (15) apply for financial assistance under this section and s. 144.2415 during the next biennium.

27,4221 Section 4221 . 144.241 (3m) (c) of the statutes is amended to read:

144.241 (3m) (c) The estimated rank of each project on the priority list under sub. (10) (8e).

27,4223d Section 4223d. 144.241 (6) (b) (intro.) of the statutes is amended to read:

144.241 (6) (b) (intro.) In approving financial assistance, the department may use the The following methods of providing financial assistance may be used under this section and s. 144.2415:

27,4226 Section 4226. 144.241 (8) (g) of the statutes is amended to read:

144.241 (8) (g) The sum of all of the financial assistance to a municipality approved under this section and s. 144.2415, except financial assistance under sub. (13m), for a project may not result in the municipality paying less than 30% 10% of the cost of the project.

27,4227 Section 4227 . 144.241 (8) (h) of the statutes is amended to read:

144.241 (8) (h) Except as provided in par. (k) or (m), a municipality that is a violator of an effluent limitation at the time that the notice of financial assistance commitment is given the application for a treatment work project is approved under sub. (9m) may not receive financial assistance of a method specified under sub. (6) (b) 1., 2., 3., 4. or 5. for that part of a the treatment work project that is needed to correct the violation. This paragraph does not apply to a municipality that after May 17, 1988, is in compliance with a court or department order to correct a violation of the enforceable requirements of its ch. 147 permit, and that is applying for financial assistance under s. 144.2415 (13) to correct that violation.

27,4228 Section 4228 . 144.241 (8) (j) of the statutes is repealed.

27,4230 Section 4230 . 144.241 (8) (m) of the statutes is repealed.

27,4231 Section 4231 . 144.241 (8m) of the statutes is created to read:

144.241 (8m) Notice of intent to apply. (a) A municipality shall submit notice to the department of its intent to apply for financial assistance under this section and s. 144.2415 in a year no later than December 31 of the preceding year. The notice shall be in a form prescribed by the department and the department of administration.

(b) If a municipality does not apply for financial assistance under this section and s. 144.2415 by December 31 of the 2nd year following the year in which it submitted notice under par. (a), the municipality shall submit a new notice under par. (a).

(c) The department may waive par. (a) or (b) upon the written request of a municipality.

27,4232 Section 4232 . 144.241 (8s) of the statutes is created to read: