Amendment SA116-AB150

AB150-SA116,53,19 " Section 4303cm. 144.266 (2) of the statutes is amended to read:

AB150-SA116,54,7 144.266 (2) State storm water management plan. The department, in consultation with the department of industry, labor and human relations development, shall promulgate by rule a state storm water management plan. This state plan is applicable to activities contracted for or conducted by any agency, as defined under s. 227.01 (1) but also including the office of district attorney, unless that agency enters into a memorandum of understanding with the department of natural resources in which that agency agrees to regulate activities related to storm water management. The department shall coordinate the activities of agencies, as defined under s. 227.01 (1), in storm water management and make recommendations to these agencies concerning activities related to storm water management.".

AB150-SA116,54,8 402. Page 1529, line 8: before "expenses" insert "reasonable and necessary".

AB150-SA116,54,9 403. Page 1531, line 3: delete lines 3 to 9.

AB150-SA116,54,10 404. Page 1531, line 9: after that line insert:

AB150-SA116,54,11 " Section 4360. 146.029 of the statutes is repealed.

AB150-SA116, s. 4361 Section 4361. 146.085 (3) of the statutes is amended to read:

AB150-SA116,54,15 146.085 (3) Enforcement. The department, the department of industry, labor and human relations development and the public service commission shall enforce this section within their respective jurisdictions.".

AB150-SA116,54,16 405. Page 1531, line 10: before that line insert:

AB150-SA116,54,17 " Section 4362. 146.20 (3) (a) of the statutes is amended to read:

AB150-SA116,55,2 146.20 (3) (a) License; application. Every person before engaging in servicing in this state shall submit an application for a license on forms prepared by the department. If the department, after investigation, is satisfied that the applicant has the qualifications, experience, understanding of proper servicing practices, as demonstrated by the successful completion of an examination given by the department, and equipment to perform the servicing in a manner not detrimental to public health it shall issue the license, provided a surety bond has been executed. The license fee shall accompany all applications.".

AB150-SA116,55,4 406. Page 1533, line 22: delete the material beginning with that line and ending with page 1534, line 2.

AB150-SA116,55,5 407. Page 1534, line 7: before "expenses" insert "reasonable and necessary".

AB150-SA116,55,6 408. Page 1535, line 10: after that line insert:

AB150-SA116,55,7 " Section 4387n. 150.31 (5r) of the statutes is created to read:

AB150-SA116,55,11 150.31 (5r) The department shall decrease the statewide bed limit specified in sub. (1) by the number of any beds that a nursing home shall agree to reduce in order to convert a separate area of its total area to an assisted living facility under s. 50.034 (4) (b).".

AB150-SA116,55,12 409. Page 1541, line 18: after that line insert:

AB150-SA116,55,14 " Section 4415c. 159.17 of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed.".

AB150-SA116,55,15 410. Page 1541, line 19: substitute "Section 4415d." for "Section 4410m.".

AB150-SA116,55,16 411. Page 1541, line 22: delete that line.

AB150-SA116,55,17 412. Page 1549, line 12: delete lines 12 and 13 and substitute:

AB150-SA116,55,19 " Section 4450b. 165.07 (title) of the statutes is renumbered 23.39 (title) and amended to read:

AB150-SA116,55,20 23.39 (title) Assistant attorney general—public Public intervenor.

AB150-SA116, s. 4450c Section 4450c. 165.07 of the statutes is renumbered 23.39 (1) and amended to read:

AB150-SA116,56,7 23.39 (1) The attorney general secretary shall designate an assistant attorney general on in the attorney general's staff department as public intervenor. Written notices of all administrative proceedings under chs. 30, 31, 144 and 147 shall be given to the public intervenor and to the administrators of divisions primarily assigned the departmental functions under chs. 29 and 144 by the agency head responsible for such proceedings. A copy of such notice shall also be given to the natural areas preservation council.

AB150-SA116,56,16 (2) (a) The With the approval of the public intervenor board the public intervenor shall formally intervene in such administrative proceedings when requested to do so by an administrator of a division primarily assigned the departmental functions under ch. 29 or 144. The With the approval of the public intervenor board, the public intervenor may, on the public intervenor's own initiative or upon request of any committee of the legislature, formally intervene in all such administrative proceedings where such intervention is needed for the protection of "public rights" in water and other natural resources, as provided in chs. 30 and 31 and defined by the supreme court.

AB150-SA116,57,2 (3) Personnel of the department of natural resources shall, upon the request of the public intervenor, make such investigations, studies and reports as the public intervenor may request in connection with such administrative proceedings, either before or after formal intervention. Personnel of state agencies shall at the public intervenor's request provide information, serve as witnesses in such proceedings and otherwise cooperate in the carrying out of the public intervenor's intervention functions. Formal intervention shall be by filing a statement to that effect with the examiner or other person immediately in charge of the proceeding. Thereupon the public intervenor shall be deemed a party in interest with full power to present evidence, subpoena and cross-examine witnesses, submit proof, file briefs or do any other acts appropriate for a party to the proceedings.

AB150-SA116,57,8 (4) The public intervenor may not appeal from administrative rulings to the courts and in. In all administrative proceedings and judicial review proceedings the public intervenor shall be identified as "public intervenor". This section does not preclude or prevent any division of the department of natural resources, or any other department or independent agency from appearing by its staff as a party in such administrative proceedings.

AB150-SA116, s. 4450d Section 4450d. 165.075 (title) of the statutes is repealed.

AB150-SA116, s. 4450f Section 4450f. 165.075 of the statutes is renumbered 23.39 (2) (b) and amended to read:

AB150-SA116,57,16 23.39 (2) (b) In carrying out his or her duty to protect public rights in water and other natural resources, as defined by law under s. 165.07, with the approval of the public intervenor board the public intervenor has the authority to initiate actions and proceedings before any agency or court in order to raise issues, including issues concerning constitutionality, present evidence and testimony and make arguments.

AB150-SA116, s. 4451m Section 4451m. 165.076 of the statutes is repealed.".

AB150-SA116,57,18 413. Page 1549, line 13: after that line insert:

AB150-SA116,57,19 " Section 4452. 165.076 of the statutes is repealed.".

AB150-SA116,57,21 414. Page 1550, line 5: restore the stricken material and delete the underscored material.

AB150-SA116,57,22 415. Page 1550, line 6: delete the underscored material.

AB150-SA116,57,23 416. Page 1550, line 9: after that line insert:

AB150-SA116,58,2 " Section 4454c. 165.25 (4) (a) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

AB150-SA116,58,8 165.25 (4) (a) The department of justice shall furnish all legal services required by the investment board, the lottery division in the gaming commission department of revenue, the public service commission, the department of transportation, the department of natural resources, the department of tourism and the department of employe trust funds, together with any other services, including stenographic and investigational, as are necessarily connected with the legal work.".

AB150-SA116,58,9 417. Page 1551, line 7: before "expenses" insert "reasonable and necessary".

AB150-SA116,58,10 418. Page 1556, line 3: delete that line.

AB150-SA116,58,11 419. Page 1560, line 18: delete lines 18 to 24.

AB150-SA116,58,12 420. Page 1582, line 24: delete the quotation mark and last period.

AB150-SA116,58,14 421. Page 1875, line 11: delete the material beginning with that line and ending with page 1876, line 19, and substitute:

AB150-SA116,58,15 " Section 5847e. 218.01 (2) (bd) 1g. of the statutes is amended to read:

AB150-SA116,58,24 218.01 (2) (bd) 1g. The manufacturer, distributor or importer shall send a notice of discontinuation or cancellation by certified mail, and forward a copy of the notice to the department of transportation, not less than 20 days before the effective date of discontinuation or cancellation of the agreement, if the dealer or distributor fails to conduct its customary sales and service operations during its customary business hours for 7 consecutive business days unless the failure is caused by an act of God, by work stoppage or delays due to strikes or labor disputes or other reason beyond the dealer's or distributor's control or by an order of the department of transportation or the office of the commissioner of transportation.".

AB150-SA116,59,1 422. Page 1882, line 4: delete lines 4 to 12.

AB150-SA116,59,2 423. Page 1884, line 1: delete lines 1 to 8.

AB150-SA116,59,4 424. Page 1890, line 1: delete the material beginning with that line and ending with page 1892, line 14, and substitute:

AB150-SA116,59,5 " Section 5885g. 218.01 (3x) (b) 2. of the statutes is amended to read:

AB150-SA116,59,20 218.01 (3x) (b) 2. An affected grantor who does not approve of the proposed action shall, within 30 days after receiving the dealer's written notice of the proposed action or within 30 days after receiving all the information specified in a written list served on the dealer under subd. 1., whichever is later, file with the department of transportation and serve upon the dealer a written statement of the reasons for its disapproval. The reasons given for the disapproval or any explanation of those reasons by the manufacturer, distributor or importer shall not subject the manufacturer, distributor or importer to any civil liability unless the reasons given or explanations made are malicious and published with the sole intent to cause harm to the dealer or a transferee of the dealer. Failure to file and serve a statement within the applicable period shall, notwithstanding the terms of any agreement, constitute approval of the proposed action by the grantor. If an affected grantor files a written statement within the applicable period, the dealer may not voluntarily undertake the proposed action unless it receives an order permitting it to do so from the office of the commissioner of transportation under par. (c) 2.

AB150-SA116, s. 5886d Section 5886d. 218.01 (3x) (b) 3. of the statutes is amended to read:

AB150-SA116,60,4 218.01 (3x) (b) 3. A dealer who is served with a written statement by an affected grantor under subd. 2. may file with the department of transportation and the office of the commissioner of transportation and serve upon the affected grantor a complaint for the determination of whether there is good cause for permitting the proposed action to be undertaken. The office of the commissioner of transportation shall promptly schedule a hearing and decide the matter. The proposed action may not be undertaken pending the determination of the matter.".

AB150-SA116,60,6 425. Page 1895, line 20: delete the material beginning with that line and ending with page 1896, line 22.

AB150-SA116,60,7 426. Page 2018, line 6: delete lines 6 to 8.

AB150-SA116,60,9 427. Page 2022, line 22: delete the material beginning with that line and ending with page 2023, line 14.

AB150-SA116,60,10 428. Page 2024, line 2: delete that line and substitute:

AB150-SA116,60,11 "230.08 (2) (e) 3. Development — 5 4.

AB150-SA116, s. 6246m Section 6246m. 230.08 (2) (e) 3. of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

AB150-SA116,60,14 230.08 (2) (e) 3. Development Commerce — 4 7.".

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AB150-SA116,61,6 441. Page 2070, line 22: delete "$111,500" and substitute "$74,000".

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AB150-SA116,61,15 447. Page 2144, line 14: after that line insert:

AB150-SA116,61,16 " Section 6412cnj. 343.30 (1q) (d) of the statutes is amended to read:

AB150-SA116,63,2 343.30 (1q) (d) The assessment report shall order compliance with a driver safety plan. The report shall inform the person of the fee provisions under s. 46.03 (18) (f). The driver safety plan may include a component that makes the person aware of the effect of his or her offense on a victim and a victim's family. The driver safety plan may include treatment for the person's misuse, abuse or dependence on alcohol or controlled substances, or attendance at a school under s. 345.60, or both. If the plan requires inpatient treatment, the treatment shall not exceed 30 days. A driver safety plan under this paragraph shall include a termination date consistent with the plan which shall not extend beyond one year. The county department under s. 51.42 shall assure notification of the department of transportation and the person of the person's compliance or noncompliance with assessment and with treatment. The school under s. 345.60 shall notify the department, the county department under s. 51.42 and the person of the person's compliance or noncompliance with the requirements of the school. Nonpayment of the assessment fee or, if the person has the ability to pay, nonpayment of the driver safety plan fee is noncompliance with the court order. If the department is notified of any noncompliance, it shall suspend the person's operating privilege until the county department under s. 51.42 or the school under s. 345.60 notifies the department that the person is in compliance with assessment or the driver safety plan. The department shall notify the person of the suspension, the reason for the suspension and the person's right to a review. A person may request a review of a suspension based upon failure to comply with a driver safety plan within 10 days of notification. The review shall be handled by the subunit of the department of transportation designated by the secretary. The issues at the review are limited to whether the driver safety plan, if challenged, is appropriate and whether the person is in compliance with the assessment order or the driver safety plan. The review shall be conducted within 10 days after a request is received. If the driver safety plan is determined to be inappropriate, the department shall order a reassessment and if the person is otherwise eligible, the department shall reinstate the person's operating privilege. If the person is determined to be in compliance with the assessment or driver safety plan, and if the person is otherwise eligible, the department shall reinstate the person's operating privilege. If there is no decision within the 10-day period, the department shall issue an order reinstating the person's operating privilege until the review is completed, unless the delay is at the request of the person seeking the review.

AB150-SA116, s. 6412cnk Section 6412cnk. 343.30 (1z) of the statutes is created to read:

AB150-SA116,63,9 343.30 (1z) If a court imposes a driver improvement surcharge under s. 346.655 and the person fails to pay the surcharge within 60 days after the date by which the court ordered the surcharge to be paid, the court may suspend the person's operating privilege until the person pays the surcharge, except that the suspension period may not exceed 5 years. Any period of suspension under this subsection is subject to sub. (1q) (h).

AB150-SA116, s. 6412cnL Section 6412cnL. 343.305 (10) (d) of the statutes is amended to read:

AB150-SA116,64,19 343.305 (10) (d) The assessment report shall order compliance with a driver safety plan. The report shall inform the person of the fee provisions under s. 46.03 (18) (f). The driver safety plan may include a component that makes the person aware of the effect of his or her offense on a victim and a victim's family. The driver safety plan may include treatment for the person's misuse, abuse or dependence on alcohol or controlled substances, attendance at a school under s. 345.60, or both. If the plan requires inpatient treatment, the treatment shall not exceed 30 days. A driver safety plan under this paragraph shall include a termination date consistent with the plan which shall not extend beyond one year. The county department under s. 51.42 shall assure notification of the department of transportation and the person of the person's compliance or noncompliance with assessment and treatment. The school under s. 345.60 shall notify the department, the county department under s. 51.42 and the person of the person's compliance or noncompliance with the requirements of the school. Nonpayment of the assessment fee or, if the person has the ability to pay, nonpayment of the driver safety plan fee is noncompliance with the court order. If the department is notified of noncompliance, it shall suspend the person's operating privilege until the county department under s. 51.42 or the school under s. 345.60 notifies the department that the person is in compliance with assessment or the driver safety plan. The department shall notify the person of the suspension, the reason for the suspension and the person's right to a review. A person may request a review of a suspension based upon failure to comply with a driver safety plan within 10 days of notification. The review shall be handled by the subunit of the department of transportation designated by the secretary. The issues at the review are limited to whether the driver safety plan, if challenged, is appropriate and whether the person is in compliance with the assessment order or the driver safety plan. The review shall be conducted within 10 days after a request is received. If the driver safety plan is determined to be inappropriate, the department shall order a reassessment and if the person is otherwise eligible, the department shall reinstate the person's operating privilege. If the person is determined to be in compliance with the assessment or driver safety plan, and if the person is otherwise eligible, the department shall reinstate the person's operating privilege. If there is no decision within the 10-day period, the department shall issue an order reinstating the person's operating privilege until the review is completed, unless the delay is at the request of the person seeking the review.".

AB150-SA116,64,21 448. Page 2151, line 20: delete the material beginning with that line and ending with page 2152, line 4.