Wisconsin Legislature: 237,327

84.185 (1) (bm) “Grant ceiling" means the department's maximum financial participation in an improvement.

237,319gm Section 319gm. 84.185 (3) of the statutes is created to read:

84.185 (3) Department share. (a) When awarding a grant under this section, the department shall establish a grant ceiling. Except as provided in par. (b) 2., the grant ceiling shall not be amended after the secretary has approved an application for funding. Except as provided in par. (b), the grant ceiling shall be the lesser of the following:

1. 50% of the anticipated cost of the improvement.

2. Five thousand dollars for each job in this state resulting directly from the improvement or economic development project.

(b) 1. If the secretary finds that special circumstances exist, the secretary may increase the grant ceiling determined under par. (a).

2. The secretary may increase the grant ceiling determined under par. (a) by $50,000 if the secretary determines that all of the following apply:

a. The improvement includes the construction, expansion or rehabilitation of a rail spur or other facility related to railroads.

b. The applicant demonstrates that the improvement will result in a reduction in the amount of motor truck traffic entering or exiting the area or community in which the improvement is located.

c. The department received the application for assistance under this section before April 27, 1998, and either the improvement was not completed by that date or not all reimbursements under this section were made by that date.

3. The department may reduce the grant ceiling determined under par. (a) for any reason, including the following:

a. The grant ceiling determined under par. (a) is based on 50% of the anticipated cost of the improvement and would result in a grant exceeding $1 million.

b. Grants for all eligible applications would exceed available funds.

237,320 Section 320 . 85.52 (3) (dm) of the statutes, as created by 1997 Wisconsin Act 27, is repealed.

237,320m Section 320m. 86.195 (2) (ag) 16m. of the statutes, as created by 1997 Wisconsin Act 27, is repealed.

237,320s Section 320s. 93.01 (10) of the statutes is amended to read:

93.01 (10) “Pests" include any living stage of insects, mites, nematodes, slugs, snails or other invertebrate animals injurious to plants, plant products, animals and humans; any bacteria, fungi, other parasitic plants or reproductive parts thereof, viruses, mycoplasma, protozoans or infectious substances which cause disease in or damage to plants or plant products; any host upon which a plant pest is dependent for the completion of all or a portion of its life cycle; and any other living organism classified as a pest under s. 94.69 (1) (a).

237,322d Section 322d. 94.69 of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 94.69 (1).

237,322e Section 322e. 94.69 (2) of the statutes is created to read:

94.69 (2) (a) Notwithstanding sub. (1) (i) and ss. 160.19 and 160.21, the department may not promulgate a rule prohibiting the use of atrazine in part or all of the area described in par. (b), based on a sample of groundwater taken before the effective date of this paragraph .... [revisor inserts date], with a concentration of total chlorinated atrazine residue that attains or exceeds the enforcement standard if the concentration of total chlorinated atrazine residue in a subsequent sample of groundwater from the same sampling point is less than the enforcement standard, except that the department may promulgate a rule prohibiting the use of atrazine in part or all of the area described in par. (b) based on a sample of groundwater taken after the effective date of this paragraph .... [revisor inserts date], in which the concentration of total chlorinated atrazine residue attains or exceeds the enforcement standard.

(b) Paragraph (a) applies to an area in the town of North Lancaster, Grant County, described as follows: SE-1/4 of Sec. 7, S-1/2 of Sec. 8, SW-1/4 of Sec. 9, W-1/2 of Sec. 16, Sec. 17, E-1/2 of Sec. 18, NE-1/4 of Sec. 19, N-1/2 of Sec. 20 and NW-1/4 of Sec. 21, T. 5 N., R. 3 W.

237,322g Section 322g. 95.60 (3) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

95.60 (3) A person who operates a fish farm shall obtain an annual health certificate from a veterinarian licensed under ch. 453 or from a person who is qualified to issue fish health certificates under sub. (4s) (c) for any fish eggs present or any fish reared on the fish farm, except that a fish farm operator who does not sell, distribute or release live fish or fish eggs from the fish farm may rely upon health certificates under this subsection that are obtained by the person from whom the fish farm operator receives fish or fish eggs.

237,322j Section 322j. 95.60 (7) of the statutes is created to read:

95.60 (7) Any information kept by the department that identifies the type or number of fish or fish eggs bought, raised or sold by a privately owned fish farm or the supplier or purchaser of those fish or fish eggs is not subject to inspection or copying under s. 19.35 (1) except as the department determines is necessary to protect fish health or prevent the spread of disease.

237,325 Section 325 . 101.01 (11) of the statutes is amended to read:

101.01 (11) “Place of employment" includes every place, whether indoors or out or underground and the premises appurtenant thereto where either temporarily or permanently any industry, trade or business is carried on, or where any process or operation, directly or indirectly related to any industry, trade or business, is carried on, and where any person is, directly or indirectly, employed by another for direct or indirect gain or profit, but does not include any place where persons are employed in private domestic service which does not involve the use of mechanical power or in farming. “Farming" includes those activities specified in s. 102.04 (3), and also includes the transportation of farm products, supplies or equipment directly to the farm by the operator of said farm or employes for use thereon, if such activities are directly or indirectly for the purpose of producing commodities for market, or as an accessory to such production. When used with relation to building codes, “place of employment" does not include an adult family home, as defined in s. 50.01 (1), or, except for the purposes of s. 101.11, a previously constructed building used as a community-based residential facility, as defined in s. 50.01 (1g), which serves 20 or fewer unrelated residents who are not related to the operator or administrator.

237,326 Section 326 . 101.01 (12) of the statutes is amended to read:

101.01 (12) “Public building" means any structure, including exterior parts of such building, such as a porch, exterior platform or steps providing means of ingress or egress, used in whole or in part as a place of resort, assemblage, lodging, trade, traffic, occupancy, or use by the public or by 3 or more tenants. When used in relation to building codes, “public building" does not include a previously constructed building used as a community-based residential facility as defined in s. 50.01 (1g) which serves 20 or fewer unrelated residents who are not related to the operator or administrator or an adult family home, as defined in s. 50.01 (1)

237,327 Section 327 . 101.02 (20) of the statutes is created 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), 101.143 (2) (g), 101.15 (2) (e), 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 (2), 101.87, 101.95, 145.02 (4), 145.035, 145.045, 145.15, 145.16, 145.165, 145.17, 145.175, 145.18 or 167.10 (6m).

(b) The department of commerce may not issue or renew a license unless each applicant who is an individual provides the department of commerce with his or her social security number and each applicant that is not an individual provides the department of commerce with its federal employer identification number. The department of commerce 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.

(c) The department of commerce 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.

(d) The department of commerce shall revoke a license if the department of revenue certifies under s. 73.0301 that the licensee is liable for delinquent taxes.

237,328 Section 328 . 101.127 of the statutes is amended to read:

101.127 Building requirements for certain residential facilities. The department, after consultation with the department of health and family services, shall develop a building code for previously constructed buildings converted to use as community-based residential facilities as defined in s. 50.01 (1g) which serve between 9 and 20 unrelated residents who are not related to the operator or administrator. In setting standards, the department shall consider the criteria enumerated in ss. 46.03 (25) and 50.02 (3) (b), and in addition shall consider the relationship of the development and enforcement of the code to any relevant codes of the department of health and family services. The objectives of the code shall be to guarantee health and safety and to maintain insofar as possible a homelike environment. The department shall consult with the residential facilities council in developing the code. Notwithstanding s. 101.121, a historic building as defined in s. 101.121 (2) (am) which is converted to use as a community-based residential facility serving between 9 and 20 unrelated residents who are not related to the operator or administrator is governed only by the building code promulgated under this section.

237,329 Section 329 . 101.13 (title) of the statutes is amended to read:

101.13 (title) Physically disabled persons; place of employment and public building requirements.

237,330 Section 330 . 101.132 of the statutes is created to read:

101.132 Physically disabled persons; housing requirements. (1) Definitions. In this section:

(e) “Disability" has the meaning given in s. 106.04 (1m) (g).

(f) “Dwelling unit" has the meaning given in s. 106.04 (1m) (i).

(g) “Housing" has the meaning given in s. 106.04 (1m) (L).

(2) Discrimination against persons with physical disabilities prohibited. (a) Design and construction of covered multifamily housing. In addition to discrimination prohibited under s. 106.04 (2), (2m) and (2r) (b) and (bm), no person may design or construct covered multifamily housing unless it meets all of the following standards:

237,331 Section 331. 101.143 (6s) of the statutes is created to read:

101.143 (6s) Arbitration. Upon the request of a person who files an appeal of a decision of the department under this section, if the amount at issue is $20,000 or less, the appeal shall be heard by one or more individuals designated by the department to serve as arbitrator under rules promulgated for this purpose by the department. In such an arbitration, the arbitrator shall render a decision at the conclusion of the hearing, or within 5 business days after the conclusion of the hearing if the arbitrator determines that additional time is needed to review materials submitted during the hearing, affirming, modifying or rejecting the decision of the department. The arbitrator shall promptly file his or her decision with the department. The decision of the arbitrator is final and shall stand as the decision of the department. An arbitrator's decision may not be cited as precedent in any other proceeding before the department or before any court. A decision under this subsection is subject to review under ss. 227.53 to 227.57 only on the ground that the decision was procured by corruption, fraud or undue means. The record of a proceeding under this subsection shall be transcribed as provided in s. 227.44 (8).

237,331g Section 331g. 102.17 (1) (c) of the statutes, as affected by 1997 Wisconsin Act 191, is amended to read:

102.17 (1) (c) Either party shall have the right to be present at any hearing, in person or by attorney, or any other agent, and to present such testimony as may be pertinent to the controversy before the department. No person, firm or corporation other than an attorney at law, duly licensed to practice law in the state, may appear on behalf of any party in interest before the department or any member or employe of the department assigned to conduct any hearing, investigation or inquiry relative to a claim for compensation or benefits under this chapter, unless the person is 18 years of age or older, does not have an arrest or conviction record, subject to ss. 111.321, 111.322 and 111.335, is otherwise qualified and has obtained from the department a license with authorization to appear in matters or proceedings before the department. Except as provided under par. pars. (cm) and (cr), the license shall be issued by the department under rules to be adopted by the department. There shall be maintained in the office of the department a current list of persons to whom licenses have been issued. Any license may be suspended or revoked by the department for fraud or serious misconduct and on the part of an agent, any license may be denied, suspended, nonrenewed or otherwise withheld by the department for failure to pay court-ordered payments as provided in par. (cm) on the part of an agent and any license may be denied or revoked if the department of revenue certifies under s. 73.0301 that the applicant or licensee is liable for delinquent taxes. Before suspending or revoking the license of the agent on the grounds of fraud or misconduct, the department shall give notice in writing to the agent of the charges of fraud or misconduct, and shall give the agent full opportunity to be heard in relation to the same. In denying, suspending, restricting, refusing to renew or otherwise withholding a license for failure to pay court-ordered payments as provided in par. (cm), the department shall follow the procedure provided in a memorandum of understanding entered into under s. 49.857. The license and certificate of authority shall, unless otherwise suspended or revoked, be in force from the date of issuance until the June 30 following the date of issuance and may be renewed by the department from time to time, but each renewed license shall expire on the June 30 following the issuance thereof.

237,331j Section 331j. 102.17 (1) (cg) of the statutes, as created by 1997 Wisconsin Act 191, is amended to read:

102.17 (1) (cg) 1. The department shall require each applicant for a license under par. (c) who is an individual to provide the department with his or her the applicant's social security number, and shall require each applicant for a license under par. (c) who is not an individual to provide the department with the applicant's federal employer identification number, when initially applying for or applying to renew the license.

2. The department may not issue or renew a license under par. (c) to or for an applicant who is an individual unless the applicant has provided his or her the applicant's social security number to the department and may not issue or renew a license under par. (c) to or for an applicant who is not an individual unless the applicant has provided the applicant's federal employer identification number to the department.

3. The subunit of the department that obtains a social security number or a federal employer identification number under subd. 1. may not disclose the social security number only or the federal employer identification number to any person except to the department of revenue for the sole purpose of requesting certifications under s. 73.0301 or on the request of the subunit of the department that administers the child and spousal support program under s. 49.22 (2m).

237,331L Section 331L. 102.17 (1) (cr) of the statutes is created to read:

102.17 (1) (cr) The department shall deny an application for the issuance or renewal of a license under par. (c), or revoke such a license already issued, if the department of revenue certifies under s. 73.0301 that the applicant or licensee is liable for delinquent taxes. Notwithstanding par. (c), an action taken under this paragraph is subject to review only as provided under s. 73.0301 (5) and not as provided in ch. 227.

237,332m Section 332m. 102.27 (2) (a) of the statutes, as affected by 1997 Wisconsin Act .... (Senate Bill 494), is amended to read:

102.27 (2) (a) A benefit under this chapter is assignable under s. 46.10 (14) (e), 301.12 (14) (e), 767.23 (1) (L), 767.25 (4m) (c), 767.265 (1), 767.51 (3m) (c) or 767.62 (4) (b) 3.

237,333 Section 333 . 102.33 (2) (b) 6. of the statutes is created to read:

102.33 (2) (b) 6. The department of revenue requests the record for the purpose of locating a person, or the assets of a person, who has failed to file tax returns, who has underreported taxable income or who is a delinquent taxpayer; identifying fraudulent tax returns; or providing information for tax-related prosecutions.

237,333b Section 333b. 103.005 (10) of the statutes, as affected by 1997 Wisconsin Act 191, is amended to read:

103.005 (10) Except as provided in ss. 103.275 (2) (bm) and (br), 103.91 (4) (b) and (c), 103.92 (6) and (7), 104.07 (5) and (6) and 105.13 (2) and (3), orders of the department under chs. 103 to 106 shall be subject to review in the manner provided in ch. 227.

237,333bm Section 333bm. 103.05 (4) of the statutes, as created by 1997 Wisconsin Act 27, is renumbered 103.05 (4) (a) and amended to read:

103.05 (4) (a) No Except as provided in par. (b), no person may use or disclose information obtained under this section except in the administration of the program under s. 49.22 or a program specified in 42 USC 653a (h).

237,333bp Section 333bp. 103.05 (4) (b) of the statutes is created to read:

103.05 (4) (b) The department may, to the extent permitted under federal law, disclose information obtained under this section to the department of revenue for the purposes of locating persons, or the assets of persons, who have failed to file tax returns, who have underreported their taxable income or who are delinquent taxpayers, identifying fraudulent tax returns or providing information for tax-related prosecutions.

237,333d Section 333d. 103.275 (2) (b) (intro.) of the statutes, as affected by 1997 Wisconsin Act 191, is amended to read:

103.275 (2) (b) (intro.) Except as provided under par. pars. (bm) and (br), upon receipt of a properly completed application, the department shall issue a house-to-house employer certificate if all of the following apply:

237,333e Section 333e. 103.275 (2) (bg) of the statutes, as created by 1997 Wisconsin Act 191, is amended to read:

103.275 (2) (bg) 1. The department shall require each applicant for a house-to-house employer certificate under this subsection who is an individual to provide the department with the applicant's social security number, and shall require each applicant for a house-to-house employer certificate who is not an individual to provide the department with the applicant's federal employer identification number, when initially applying for or applying to renew the house-to-house employer certificate.

2. The department may not issue or renew a house-to-house employer certificate under this subsection to or for an applicant who is an individual unless the applicant has provided his or her the applicant's social security number to the department and may not issue or renew a house-to-house employer certificate under this subsection to or for an applicant who is not an individual unless the applicant has provided the applicant's federal employer identification number to the department.

237,333f Section 333f. 103.275 (2) (br) of the statutes is created to read:

103.275 (2) (br) The department shall deny an application for the issuance or renewal of a house-to-house employer certificate, or revoke such a certificate already issued, if the department of revenue certifies under s. 73.0301 that the applicant or house-to-house employer is liable for delinquent taxes. Notwithstanding sub. (7) and s. 103.005 (10), an action taken under this paragraph is subject to review only as provided under s. 73.0301 (5) and not as provided in sub. (7) and ch. 227.

237,333g Section 333g. 103.275 (7) (b) of the statutes, as affected by 1997 Wisconsin Act 191, is amended to read:

103.275 (7) (b) Except as provided in sub. (2) (bm) and (br), after providing at least 10 days' notice to a house-to-house employer, the department may, on its own or upon a written and signed complaint, suspend the house-to-house employer's certificate. The department shall serve a copy of the complaint with notice of a suspension of the certificate on the person complained against, and the person shall file an answer to the complaint with the department and the complainant within 10 days after service. After receiving the answer, the department shall set the matter for hearing as promptly as possible and within 30 days after the date of filing the complaint. Either party may appear at the hearing in person or by attorney or agent. The department shall make its findings and determination concerning the suspension within 90 days after the date that the hearing is concluded and send a copy to each interested party.

237,333h Section 333h. 103.275 (7) (c) of the statutes, as affected by 1997 Wisconsin Act 191, is amended to read:

103.275 (7) (c) Except as provided in sub. (2) (bm) and (br), the department may revoke a certificate issued under sub. (2) after holding a public hearing at a place designated by the department. At least 10 days prior to the revocation hearing, the department shall send written notice of the time and place of the revocation hearing to the person holding the certificate and to the person's attorney or agent of record by mailing the notice to their last-known address. The testimony presented and proceedings at the revocation hearing shall be recorded and preserved as the records of the department. The department shall, as soon after the hearing as possible, make its findings and determination concerning revocation and send a copy to each interested party.

237,333j Section 333j. 103.91 (2) (b) of the statutes, as created by 1997 Wisconsin Act 191, is amended to read:

103.91 (2) (b) 1. The department shall require each applicant for a certificate under par. (a) who is an individual to provide the department with his or her the applicant's social security number, and shall require each applicant for a certificate under par. (a) who is not an individual to provide the department with the applicant's federal employer identification number, when initially applying for or applying to renew the certificate.

2. The department may not issue or renew a certificate under par. (a) to or for an applicant who is an individual unless the applicant has provided his or her the applicant's social security number to the department and may not issue or renew a certificate under par. (a) to or for an applicant who is not an individual unless the applicant has provided the applicant's federal employer identification number to the department.

237,333k Section 333k. 103.91 (4) (c) of the statutes is created to read:

103.91 (4) (c) The department shall deny an application for the issuance or renewal of a certificate under sub. (1), or revoke such a certificate already issued, if the department of revenue certifies under. s. 73.0301 that the applicant or registrant is liable for delinquent taxes. Notwithstanding s. 103.005 (10), an action taken under this paragraph is subject to review only as provided under s. 73.0301 (5) and not as provided in ch. 227.

237,333m Section 333m. 103.92 (1) (b) of the statutes, as created by 1997 Wisconsin Act 191, is amended to read:

103.92 (1) (b) 1. The department shall require each applicant for a certificate under par. (a) who is an individual to provide the department with his or her the applicant's social security number, and shall require each applicant for a certificate under par. (a) who is not an individual to provide the department with the applicant's federal employer identification number, when initially applying for or applying to renew the certificate.

3. The subunit of the department that obtains a social security number or a federal employer identification number under subd. 1. may not disclose the social security number only or the federal employer identification number to any person except to the department of revenue for the sole purpose of requesting certifications under. s. 73.0301 or on the request of the subunit of the department that administers the child and spousal support program under s. 49.22 (2m).

237,333n Section 333n. 103.92 (3) of the statutes, as affected by 1997 Wisconsin Act 191, is amended to read:

103.92 (3) Certificate. The department shall inspect each camp for which application to operate is made, to determine if it is in compliance with the rules of the department establishing minimum standards for migrant labor camps. Except as provided under sub. subs. (6) and (7), if the department finds that the camp is in compliance with the rules, it shall issue a certificate authorizing the camp to operate until March 31 of the next year. The department shall refuse to issue a certificate if it finds that the camp is in violation of such rules or, if the person maintaining the camp has failed to pay court-ordered payments as provided in sub. (6) or if the person maintaining the camp is liable for delinquent taxes as provided in sub. (7).

237,333p Section 333p. 103.92 (7) of the statutes is created to read: