1997 Wisconsin Act 27

27,3117d Section 3117d. 166.21 (2) (bm) of the statutes is repealed.

27,3117f Section 3117f. 166.21 (2) (br) of the statutes is amended to read:

166.21 (2) (br) Subject to sub. (2m), for grant applications submitted during the period after May 31, 1995, and before September 1, 1997, 80% of the costs of computers and emergency response equipment, but not to exceed $10,000. In-kind contributions may be used to meet the committee's contribution under this paragraph.

27,3117g Section 3117g. 166.21 (2) (e) of the statutes is amended to read:

166.21 (2) (e) The portion of a previous year's costs that was approved by the board division but not paid because of insufficient funds.

27,3117h Section 3117h. 166.21 (2m) (intro.) of the statutes is amended to read:

166.21 (2m) Strategic plan. (intro.) A committee is eligible for grant funds under sub. (2) (bm) (br) for emergency response equipment only if it submits to the board a strategic plan for emergency response to hazardous substance releases that includes all of the following:

27,3117kc Section 3117kc. 166.21 (2m) (intro.) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

166.21 (2m) Strategic plan. (intro.) A committee is eligible for grant funds under sub. (2) (br) for emergency response equipment only if it submits to the division a strategic plan for emergency response to hazardous substance releases that includes all of the following:

27,3117ke Section 3117ke. 166.21 (3) (a) 1. of the statutes is amended to read:

166.21 (3) (a) 1. The costs of each new facility plan completed by the committee and approved by the board division in the period covered by the grant.

27,3117kf Section 3117kf. 166.21 (3) (a) 3. of the statutes is amended to read:

166.21 (3) (a) 3. The portion of a previous year's costs that was approved by the board division but not paid because of insufficient funds.

27,3117kj Section 3117kj. 166.21 (3) (b) of the statutes is amended to read:

166.21 (3) (b) The board division shall reduce the grant amount calculated under par. (a) by the amount of any other gifts or grants received by the committee in the period covered by the grant for costs incurred by the committee related to sub. (2).

27,3117km Section 3117km. 166.21 (3) (c) of the statutes is amended to read:

166.21 (3) (c) Notwithstanding sub. (2), the board division shall deny that portion of a grant calculated under par. (a) 2. if the board division determines that the committee has failed to meet grant obligations, including the development, review, exercise or implementation of local emergency response plans as required under s. 166.20 or the federal act.

27,3117kp Section 3117kp. 166.21 (3) (e) of the statutes is amended to read:

166.21 (3) (e) Annually, the board division shall establish a formula to determine the amount of emergency planning grant funds available to each county.

27,3117kr Section 3117kr. 166.21 (4) of the statutes is amended to read:

166.21 (4) Payment of grants. Annually, the board division shall review all applications received under this section and make grants to committees from the appropriations under s. 20.465 (3) (jm) and (r). If insufficient funds are available to pay all approved grants, the board division shall prorate the available funds among the eligible applicants in proportion to the approved grant amounts. A prorated payment shall be deemed full payment of the grant.

27,3117ks Section 3117ks. 166.21 (5) of the statutes is amended to read:

166.21 (5) Payment in advance. (a) The board division may pay a portion of a grant before the end of the period covered by the grant if a committee requests the advance payment and if the board division determines that the necessary funds are available and that the advance payment will not result in insufficient funds to pay other grants.

(b) The board division may pay an amount up to 50% of anticipated eligible costs covered by a grant up to 12 months before the end of the period covered by the grant. The board division may pay an additional amount up to 25% of anticipated eligible costs up to 6 months before the end of the period covered by the grant. The board division shall determine anticipated eligible costs from a budget submitted by the committee at the time that the committee requests payment in advance.

(c) If a committee receives advance payments under this subsection which exceed the total grant amount calculated under sub. (3), the board division shall subtract the amount of the overpayment from the amount of a grant paid to that committee in the next year that the committee receives a grant.

27,3117m Section 3117m. 166.215 (1) of the statutes is amended to read:

166.215 (1) The board shall contract with no fewer than 7 and no more than 9 regional emergency response teams, each of which will assist in the emergency response to level A releases in a region of this state designated by the board. The board shall contract with at least one regional emergency response team in each area designated under s. 166.03 (2) (b) 1. The board may only contract with a local agency, as defined in s. 166.22 (1) (c), under this subsection. A member of a regional emergency response team shall meet the standards for a hazardous materials specialist in 29 CFR 1910.120 (q) (6) (iv) and national fire protection association standards NFPA 471 and 472. A contract under this subsection may provide for payments to the regional emergency response team in addition to the reimbursement provided in sub. (2). Payments to regional emergency response teams under this subsection shall be made from the appropriation account under s. 20.465 (3) (dd).

27,3117mc Section 3117mc. 166.215 (1) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

166.215 (1) The division shall contract with no fewer than 7 and no more than 9 regional emergency response teams, each of which will assist in the emergency response to level A releases in a region of this state designated by the division. The division shall contract with at least one regional emergency response team in each area designated under s. 166.03 (2) (b) 1. The division may only contract with a local agency, as defined in s. 166.22 (1) (c), under this subsection. A member of a regional emergency response team shall meet the standards for a hazardous materials specialist in 29 CFR 1910.120 (q) (6) (iv) and national fire protection association standards NFPA 471 and 472. Payments to regional emergency response teams under this subsection shall be made from the appropriation account under s. 20.465 (3) (dd).

27,3117p Section 3117p. 166.215 (2) of the statutes is amended to read:

166.215 (2) The board shall reimburse a regional emergency response team for costs incurred by the team in responding to a level A release under sub. (1). Reimbursement under this subsection is limited to amounts collected under sub. (3) and the amounts appropriated under s. 20.465 (3) (rg) and (rt) (dr). Reimbursement is available under s. 20.465 (3) (rt) (dr) only if the regional emergency response team has made a good faith effort to identify the person responsible under sub. (3) and that person cannot be identified, or, if that person is identified, the team has received reimbursement from that person to the extent that the person is financially able or has determined that the person does not have adequate money or other resources to reimburse the regional emergency response team.

27,3117qh Section 3117qh. 166.215 (2) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

166.215 (2) The division shall reimburse a regional emergency response team for costs incurred by the team in responding to a level A release under sub. (1). Reimbursement under this subsection is limited to amounts collected under sub. (3) and the amounts appropriated under s. 20.465 (3) (dr). Reimbursement is available under s. 20.465 (3) (dr) only if the regional emergency response team has made a good faith effort to identify the person responsible under sub. (3) and that person cannot be identified, or, if that person is identified, the team has received reimbursement from that person to the extent that the person is financially able or has determined that the person does not have adequate money or other resources to reimburse the regional emergency response team.

27,3117qm Section 3117qm. 166.215 (3) of the statutes is amended to read:

166.215 (3) A person who possessed or controlled a hazardous substance that was released or who caused the release of a hazardous substance shall reimburse the board division for costs incurred by a regional emergency response team in responding to the release under sub. (1).

27,3117r Section 3117r. 166.215 (5) of the statutes is created to read:

166.215 (5) The board shall notify the joint committee on finance in writing, before entering into a new contractual agreement under sub. (1) or renewing or extending a contractual agreement under sub. (1), of the specific funding commitment involved in that proposed new, renewed or extended contract. The board shall include in that notification information regarding any anticipated contractual provisions that involve state fiscal commitments for each fiscal year in the proposed new, renewed or extended contract. The board may enter into a new contractual agreement or renew or extend a contractual agreement, as proposed in the notification to the joint committee on finance, if within 14 working days after notification the committee does not schedule a meeting to review the board's proposed action. If, within 14 working days after notification to the joint committee on finance, the committee notifies the board that the committee has scheduled a meeting to review the board's proposed action, the board may enter into the proposed new contact or renew or extend the contract as proposed only if the committee approves that action. Notwithstanding s. 13.10, the board may include in its notification to the joint committee on finance a request for approval of any increase in the amount of money in the appropriation account under s. 20.465 (3) (dd) necessary to provide sufficient money for the proposed new, renewed or extended contracts under sub. (1).

27,3117t Section 3117t. 166.22 (3m) of the statutes is amended to read:

166.22 (3m) The board shall reimburse a local emergency response team for costs incurred by the team in responding to a hazardous substance discharge under sub. (3). Reimbursement under this subsection is limited to the amount appropriated under s. 20.465 (3) (rt) (dr). Reimbursement is available under s. 20.465 (3) (rt) (dr) only if the local emergency response team has made a good faith effort to identify the person responsible under sub. (4) and that person cannot be identified, or, if that person is identified, the team has received reimbursement from that person to the extent that the person is financially able or has determined that the person does not have adequate money or other resources to reimburse the local emergency response team.

27,3117w Section 3117w. 166.22 (3m) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

166.22 (3m) The division shall reimburse a local emergency response team for costs incurred by the team in responding to a hazardous substance discharge under sub. (3). Reimbursement under this subsection is limited to the amount appropriated under s. 20.465 (3) (dr). Reimbursement is available under s. 20.465 (3) (dr) only if the local emergency response team has made a good faith effort to identify the person responsible under sub. (4) and that person cannot be identified, or, if that person is identified, the team has received reimbursement from that person to the extent that the person is financially able or has determined that the person does not have adequate money or other resources to reimburse the local emergency response team.

27,3118 Section 3118 . 168.01 of the statutes is renumbered 168.01 (intro.) and amended to read:

168.01 (title) Definition Definitions. (intro.) In this chapter “department":

(1) “Department" means the department of commerce.

27,3119 Section 3119 . 168.01 (2) of the statutes is created to read:

168.01 (2) “Supplier" includes a person who imports, or acquires immediately upon import, petroleum products by pipeline or marine vessel from a state, territory or possession of the United States or from a foreign country into a terminal and who is registered under 26 USC 4101 for tax-free transactions in gasoline. “Supplier" also includes a person who produces in this state; or imports into a terminal or bulk plant; or acquires immediately upon import by truck, railcar or barge into a terminal; alcohol or alcohol derivative products. “Supplier" also includes a person who produces, manufactures or refines petroleum products in this state. “Supplier" also includes a person who acquires petroleum products pursuant to an industry terminal exchange agreement. “Supplier" does not include a retail dealer or wholesaler who merely blends alcohol with gasoline before the sale or distribution of the product and does not include a terminal operator who merely handles in a terminal petroleum products consigned to the terminal operator.

27,3119m Section 3119m. 168.11 (1) (b) 2. of the statutes is amended to read:

168.11 (1) (b) 2. A device that dispenses, for sale at retail, a reformulated gasoline, as defined in s. 285.37 (1), that contains an oxygenate other than ethanol shall be marked or labeled with the identity of the oxygenate at all times when the product is offered for sale. The label shall identify the oxygenate as “methyl tertiary butyl ether (MTBE)" or “ethyl tertiary butyl ether (ETBE)" or, if the reformulated gasoline contains another oxygenate or a combination of oxygenates, the label shall identify the oxygenate or oxygenates in the manner specified by the department by rule.

27,3120 Section 3120 . 168.12 (1) of the statutes is amended to read:

168.12 (1) Except as provided in subs. (1g) and (1r), there is imposed a petroleum inspection fee at the rate of 3 cents per gallon on all petroleum products that are received, as defined in s. 78.07, by a supplier , as defined in s. 78.005 (14), for sale in this state or for sale for export to this state. The department of revenue shall determine when a petroleum product is received under this subsection in the same manner that it determines under s. 78.07 when motor vehicle fuel is received. The fee shall be paid under s. 168.125 and shall be based on the number of gallons reported under s. 168.125.

27,3121 Section 3121 . 168.12 (6) of the statutes is created to read:

168.12 (6) (a) Any person who purchases in this state general aviation fuel, as defined in s. 78.55 (3), from a supplier is eligible for an allowance of 2 cents for each gallon of general aviation fuel purchased in excess of 1,000,000 gallons per month. A person who purchases general aviation fuel for resale is not eligible for the allowance.

(b) To receive an allowance, an eligible purchaser under par. (a) shall complete a claim upon a form that the department of revenue prescribes and furnishes and file the claim with the department of revenue not later than 12 months after the date of purchase of the general aviation fuel.

(c) The department of revenue shall investigate the correctness and veracity of the representations in the claim and may require a claimant to submit records to substantiate the claim. The department of revenue shall either allow or deny a claim under this subsection not later than 60 days after the filing of the claim. If the department of revenue allows the claim, it shall pay the claimant the amount allowed from the moneys appropriated under s. 20.855 (4) (r). If the department of revenue does not pay the allowance by the 90th day after the date on which the purchaser files the claim, the department of revenue shall also pay interest on the unpaid claim beginning on that day, at the rate of 9% per year, from the moneys appropriated under s. 20.855 (4) (r).

(d) If a purchaser negligently files a claim under this subsection that is inaccurate in whole or in part, the department of revenue shall:

1. If the department of revenue has not paid the claim but has allowed a portion of the claim, reduce the allowance by 25%.

2. If the department of revenue has paid the claim, require the purchaser to refund to the department of revenue that portion of the amount paid under par. (c) to which the purchaser is not entitled and impose a penalty on the purchaser equal to 25% of the allowance, plus interest on the sum of the unpaid penalty and the amount required to be refunded, accruing from the date that the penalty is imposed, at the rate of 12% per year.

(e) If a purchaser files a fraudulent claim under this subsection, the department of revenue shall:

1. If the claim has not been paid and the department of revenue allows no portion of the claim, impose a penalty on the purchaser equal to 50% of the amount claimed by the purchaser, plus interest on the unpaid penalty, accruing from the date that the penalty is imposed, at the rate of 12% per year.

2. If the claim has not been paid and the department of revenue allows a portion of the claim, reduce the allowance by 50%.

3. If the claim has been paid, require the purchaser to refund to the department of revenue that portion of the amount paid under par. (c) that the department of revenue determines was fraudulently obtained and impose a penalty on the purchaser equal to 50% of the amount claimed by the purchaser, plus interest on the sum of the unpaid penalty and the amount required to be refunded, accruing from the date that the penalty is imposed, at the rate of 12% per year.

(f) Any person who knowingly signs or verifies a fraudulent claim under par. (e) may be fined not more than $500 or imprisoned for not more than 30 days or both.

(g) Any person who knowingly aids, abets or assists another in making a fraudulent claim under par. (e) or in signing or verifying a fraudulent claim under par. (f) may be fined not more than $500 or imprisoned for not more than 30 days or both.

(h) With respect to imposing a penalty and requiring a refund under par. (d), the department of revenue shall give notice to the purchaser within 4 years after the date that the claim was filed. The department of revenue may impose a penalty and require a refund under par. (e) when the department of revenue discovers the fraud committed.

27,3121c Section 3121c. 168.12 (7) of the statutes is amended to read:

168.12 (7) No person may ship petroleum products into this state unless that person has a valid certificate under s. 73.03 (50) and either has a license under s. 78.09 or obtains a petroleum products shipper license from the department of revenue by filing with that department an application prescribed and furnished by that department and verified by the owner of the business if the owner is an individual, by a member if the owner is an unincorporated association, by a partner if the owner is a partnership or by the president and secretary if the owner is a corporation.

27,3121g Section 3121g. 170.12 (1) (b) of the statutes is amended to read:

170.12 (1) (b) “Log" means a portion of the trunk of a felled tree which has not been further processed for any end use, including any portion of a trunk of a tree previously used in substantially its natural state as part of a dock or crib but that is no longer part of a dock, a crib or any discernible structure, or is part of the debris field of a dock or crib.

27,3121r Section 3121r. 170.12 (3) (intro.) of the statutes is amended to read:

170.12 (3) (title) Application to remove sunken logs on certain submerged lands. (intro.) A person wishing to raise and remove logs that are resting on submerged lands owned by the state and that are located in Lake Michigan, Lake Superior, Star Lake in Vilas County, Boom Lake in Oneida County, Rib Lake in Taylor County or the Fox River shall make application to the board for a permit to do so. Unless the applicant has received a permit under this section prior to the effective date of this subsection .... [revisor inserts date], the applicant shall include with the application a performance bond in the amount of at least $10,000. The application shall do all of the following:

27,3122 Section 3122 . 170.12 (3) (d) of the statutes is amended to read:

170.12 (3) (d) Describe, in detail, the applicant's plans for the use and disposition of any logs raised, including any information necessary for or related to sub. (5).

27,3122m Section 3122m. 170.12 (3) (dm) of the statutes is created to read:

170.12 (3) (dm) If the applicant was not engaged in commercial log raising prior to the date of application, include a business plan approved by the department of commerce under s. 560.03 (23).

27,3123m Section 3123m. 170.12 (3) (g) of the statutes is amended to read:

170.12 (3) (g) Be accompanied by a $50 $500 application fee.

27,3124 Section 3124 . 170.12 (5) (intro.) of the statutes is renumbered 170.12 (5) and amended to read:

170.12 (5) (title) Reservation of value; offset. The state reserves to itself 30% 20% of the appraised market stumpage value, established by the department of natural resources by rule promulgated under s. 77.91 (1), of any log raised pursuant to a permit issued under this section. Any applicant may, as part of the application under sub. (3), propose projects for the use of logs raised, and for the use of proceeds from logs raised and sold, as an offset to the state's share of the value of any logs raised. Any project proposed as the basis for an offset shall have demonstrated potential to do 2 or more of the following:

27,3125 Section 3125 . 170.12 (5) (a) to (c) of the statutes are repealed.

27,3125g Section 3125g. 170.12 (6) (intro.) of the statutes is amended to read:

170.12 (6) Permit. (intro.) Within 60 days after receipt of an application under sub. (3), the board shall either approve, modify and approve or deny the application for a permit. A permit issued under this subsection shall be effective for a specified period, not to exceed one year, 5 years. A permit issued under this subsection is not transferable and shall specify all of the following:

27,3125r Section 3125r. 170.12 (6) (a) of the statutes is amended to read:

170.12 (6) (a) The boundaries of the location where sunken logs may be raised pursuant to the permit. The area covered by the permit shall be contiguous and may not exceed 160 acres. A permit may not cover submerged lands that are not contained within Lake Michigan, Lake Superior, Star Lake in Vilas County, Boom Lake in Oneida County, Rib Lake in Taylor County or the Fox River. No location may be covered by more than one permit under this section.

27,3126 Section 3126 . 170.12 (6) (d) of the statutes is repealed.

27,3126e Section 3126e. 170.12 (6) (dm) of the statutes is created to read:

170.12 (6) (dm) That the applicant shall implement procedures to determine whether a raised log bears an American Indian tribal mark or brand, to identify the tribal mark or brand, and to track the value realized from the sale of logs separately for logs that bear a particular tribal mark or brand.

27,3126m Section 3126m. 170.12 (6) (e) of the statutes is amended to read:

170.12 (6) (e) The procedure and times when the permit holder shall tender to the board, on behalf of the state, any amounts due the state for its net share of the value of any logs raised. The amounts due the state for its net share of the value of logs described under par. (dm) shall be separately identified by tribal mark or brand.

27,3126p Section 3126p. 170.12 (6) (g) of the statutes is amended to read: