Amendment SSA1-AB133

AB133-SSA1, s. 2328 Section 2328. 196.218 (4r) (f) of the statutes is renumbered 44.73 (5) and amended to read:

AB133-SSA1,1183,4 44.73 (5) Notwithstanding pars. (b) and (c) subs. (1) and (2), technical college districts are not eligible to participate in the program established under par. (b) sub. (1) before April 1, 1998. In consultation with the commission, the The board shall determine by April 1, 1998, whether there are sufficient moneys in the appropriation under s. 20.275 (1) (s) (t) to include technical college districts in the program established under par. (b) sub. (1). If the board determines that there are sufficient moneys, technical college districts are eligible to participate in the program established under par. (b) sub. (1) beginning on April 1, 1998.

AB133-SSA1, s. 2329 Section 2329. 196.218 (4r) (g) of the statutes is renumbered 44.73 (6) and amended to read:

AB133-SSA1,1183,20 44.73 (6) From the appropriation under s. 20.275 (1) (gf), (gh), (s) or (tm), the board may award an annual grant to a school district or private school that had in effect on October 14, 1997, a contract for access to a data line or video link, as documented by the commission board. The board shall determine the amount of the grant, which shall be equal to the cost incurred by the state to provide telecommunications access to a school district or private school under a contract entered into under s. 16.974 (7) (a) or (c) less the amount that the school district or private school would be paying under par. (c) 4. sub. (2) (d) if the school district or private school were participating in the program established under par. (b) sub. (1), except that the amount may not be greater than the cost that a school district or private school incurs under the contract in effect on October 14, 1997. A school district or private school receiving a grant under this paragraph subsection is not eligible to participate in the program under par. (b) sub. (1). No grant may be awarded under this paragraph subsection after June 30, 2002.

AB133-SSA1, s. 2329m Section 2329m. 196.218 (4u) of the statutes is created to read:

AB133-SSA1,1184,2 196.218 (4u) Medical telecommunications equipment program. From the appropriation under 20.155 (1) (q), the commission may spend up to $500,000 annually for grants to nonprofit medical clinics and public health agencies for the purchase of telecommunications equipment to be used in providing services to their clients. The commission shall promulgate rules establishing requirements and procedures for awarding grants under this subsection.

AB133-SSA1, s. 2330 Section 2330. 196.218 (5) (a) 3. of the statutes is repealed.

AB133-SSA1, s. 2331 Section 2331. 196.218 (5) (a) 5. of the statutes is amended to read:

AB133-SSA1,1184,6 196.218 (5) (a) 5. To pay costs incurred under contracts under s. 16.974 (7) to the extent that these costs are not paid under sub. (4r) (c) 4 s. 44.73 (2) (d).

AB133-SSA1, s. 2331g Section 2331g. 196.218 (5) (a) 5m. of the statutes is created to read:

AB133-SSA1,1184,9 196.218 (5) (a) 5m. To provide statewide access, through the Internet, to periodical and reference information data bases.

AB133-SSA1, s. 2332 Section 2332. 196.218 (5) (a) 7. of the statutes is amended to read:

AB133-SSA1,1184,13 196.218 (5) (a) 7. To make grants awarded by the technology for educational achievement in Wisconsin board to school districts and private schools under sub. (4r) (g) s. 44.73 (6). This subdivision does not apply after June 30, 2002.

AB133-SSA1, s. 2332f Section 2332f. 196.218 (5) (a) 8. of the statutes is created to read:

AB133-SSA1,1184,16 196.218 (5) (a) 8. To promote access to information and library services to blind and visually handicapped individuals.

AB133-SSA1, s. 2332m Section 2332m. 196.218 (5) (a) 9. of the statutes is created to read:

AB133-SSA1,1184,18 196.218 (5) (a) 9. To make grants under sub. (4u).

AB133-SSA1, s. 2332t Section 2332t. 196.218 (5) (d) of the statutes is created to read:

AB133-SSA1,1184,21 196.218 (5) (d) 1. In this paragraph, "Wisconsin works agency" has the meaning given in s. 49.001 (9).

AB133-SSA1,1185,3 2. The commission shall annually provide information booklets to all Wisconsin works agencies that describe the current assistance from the universal service fund that is available to low-income individuals who are served by the Wisconsin works agencies, including a description of how such individuals may obtain such assistance. The department of workforce development shall assist the commission in identifying the Wisconsin works agencies to which the commission is required to submit the information required under this subdivision.

AB133-SSA1, s. 2333 Section 2333. 196.218 (5m) of the statutes is amended to read:

AB133-SSA1,1185,7 196.218 (5m) Rule review. Except for rules promulgated under sub. (4r) (b), at At least biennially, the commission shall review and revise as appropriate rules promulgated under this section.

AB133-SSA1, s. 2333m Section 2333m. 196.218 (5u) of the statutes is created to read:

AB133-SSA1,1185,14 196.218 (5u) Biennial budget request. The commission shall include in its biennial budget request under s. 16.42 a proposed budget for each individual program for which the commission proposes to expend moneys from the universal fund in the forthcoming biennium. A proposed budget under this subsection shall describe each program and identify the proposed expenditure amount for each program for each fiscal year of the biennium.

AB133-SSA1, s. 2334 Section 2334. 196.218 (6) (b) of the statutes is amended to read:

AB133-SSA1,1185,19 196.218 (6) (b) The universal service fund council shall advise the commission concerning the administration of this section and the content of rules promulgated under this section. This paragraph does not apply to the administration of sub. (4r) and rules promulgated under sub. (4r) (b).

AB133-SSA1, s. 2335m Section 2335m. 196.44 (2) (b) of the statutes is amended to read:

AB133-SSA1,1186,2 196.44 (2) (b) The attorney general may, on his or her own initiative, appear before the commission on telecommunications matters relating to consumer protection and antitrust. If acting under the authority granted by this paragraph, the attorney general shall have the rights accorded a party before the commission in its proceedings but may not appeal as a party a decision of the commission to the circuit court. This paragraph does not apply after June 30, 1999 2001.

AB133-SSA1, s. 2336m Section 2336m. 196.85 (2m) of the statutes is amended to read:

AB133-SSA1,1186,9 196.85 (2m) Annually, the commission shall assess telecommunications utilities for the cost of one attorney position in the department of justice to provide services relating to telecommunications matters and for the cost of supplies, services and equipment related to that position. The amounts received under this subsection shall be credited to the appropriation under s. 20.455 (1) (kt). This subsection does not apply after June 30, 1999 2001.

AB133-SSA1, s. 2342cc Section 2342cc. Subchapter VI (title) of chapter 218 [precedes 218.10] of the statutes is amended to read:

AB133-SSA1,1186,12 CHAPTER 218

AB133-SSA1,1186,15 Subchapter VI mobile home Recreational vehicle dealers

AB133-SSA1, s. 2342cg Section 2342cg. 218.10 (1) of the statutes is repealed.

AB133-SSA1, s. 2342cL Section 2342cL. 218.10 (1m) of the statutes is created to read:

AB133-SSA1,1186,19 218.10 (1m) "Department" means the department of transportation, unless the context requires otherwise.

AB133-SSA1, s. 2342cp Section 2342cp. 218.10 (1t) of the statutes is repealed.

AB133-SSA1, s. 2342ct Section 2342ct. 218.10 (2) of the statutes is repealed.

AB133-SSA1, s. 2342cx Section 2342cx. 218.10 (3) of the statutes is renumbered 218.10 (1g), and 218.10 (1g) (intro.) and (e), as renumbered, are amended to read:

AB133-SSA1,1187,4 218.10 (1g) (intro.) "Mobile home dealer" "Dealer", unless the context requires otherwise, means a person who, for a commission or other thing of value, sells, exchanges, buys or rents, or offers or attempts to negotiate a sale or exchange of an interest in mobile homes a recreational vehicle or who is engaged wholly or in part in the business of selling mobile homes recreational vehicles, whether or not the mobile homes recreational vehicles are owned by the person, but does not include:

AB133-SSA1,1187,7 (e) A person transferring a mobile home recreational vehicle registered in that person's name and used for that person's personal, family or household purposes, if the transfer is an occasional sale and is not part of the business of the transferor.

AB133-SSA1, s. 2342gc Section 2342gc. 218.10 (4) of the statutes is renumbered 218.10 (1x) and amended to read:

AB133-SSA1,1187,12 218.10 (1x) "Mobile home manufacturer" "Manufacturer" means any person within or without this state who manufactures or assembles mobile homes recreational vehicles for sale in this state.

AB133-SSA1, s. 2342gg Section 2342gg. 218.10 (5) of the statutes is repealed.

AB133-SSA1, s. 2342gi Section 2342gi. 218.10 (6) of the statutes is renumbered 218.10 (8t) and amended to read:

AB133-SSA1,1187,18 218.10 (8t) "Mobile home salesperson" "Salesperson", unless the context requires otherwise, means any person who is employed by a mobile home manufacturer or dealer to sell or lease mobile homes recreational vehicles.

AB133-SSA1, s. 2342gL Section 2342gL. 218.10 (7) of the statutes is amended to read:

AB133-SSA1,1187,22 218.10 (7) "New mobile home recreational vehicle" means a mobile home recreational vehicle which has never been occupied, used or sold for personal or business use.

AB133-SSA1, s. 2342gp Section 2342gp. 218.10 (8) of the statutes is repealed.

AB133-SSA1, s. 2342gt Section 2342gt. 218.10 (8m) of the statutes is amended to read:

AB133-SSA1,1188,2 218.10 (8m) "Recreational vehicle" means a mobile home, as defined in s. 340.01 (29), that does not exceed the statutory size under s. 348.07 (2).

AB133-SSA1, s. 2342gx Section 2342gx. 218.10 (9) of the statutes is amended to read:

AB133-SSA1,1188,6 218.10 (9) "Used mobile home recreational vehicle" means a mobile home recreational vehicle which has previously been occupied, used or sold for personal or business use.

AB133-SSA1, s. 2342Lc Section 2342Lc. 218.101 of the statutes is repealed.

AB133-SSA1, s. 2342Lg Section 2342Lg. 218.11 (title) of the statutes is amended to read:

AB133-SSA1,1188,9 218.11 (title) Mobile home Recreational vehicle dealers regulated.

AB133-SSA1, s. 2342LL Section 2342LL. 218.11 (1) of the statutes is amended to read:

AB133-SSA1,1188,13 218.11 (1) No person may engage in the business of selling mobile homes to the ultimate recreational vehicles to a consumer or to the retail market in this state unless first licensed to do so by the licensor as herein provided department.

AB133-SSA1, s. 2342Lp Section 2342Lp. 218.11 (2) (b) and (d) of the statutes are amended to read:

AB133-SSA1,1188,16 218.11 (2) (b) 1. The licensor department shall promulgate rules establishing the license period under this section.

AB133-SSA1,1188,18 2. The licensor department may promulgate rules establishing a uniform expiration date for all licenses issued under this section.

AB133-SSA1,1188,23 (d) If the licensor department issues a license under this section during the license period, the fee for the license shall equal $50 multiplied by the number of calendar years, including parts of calendar years, during which the license remains in effect. A fee determined under this paragraph may not exceed the license fee for the entire license period under par. (c).

AB133-SSA1, s. 2342Lt Section 2342Lt. 218.11 (3) of the statutes is amended to read:

AB133-SSA1,1189,6 218.11 (3) A license shall be issued only to persons whose character, fitness and financial ability, in the opinion of the licensor department, is such as to justify the belief that they can and will deal with and serve the buying public fairly and honestly, will maintain a permanent office and place of business and an adequate service and parts department during the license year, and will abide by all the provisions of law and lawful orders of the licensor department.

AB133-SSA1, s. 2342Lx Section 2342Lx. 218.11 (6) (intro.) and (d) of the statutes are amended to read:

AB133-SSA1,1189,9 218.11 (6) (intro.)   The licensor department may deny, suspend or revoke a license on the following grounds:

AB133-SSA1,1189,11 (d) Wilful failure to comply with any provision of this section or any rule promulgated by the licensor department under this section.

AB133-SSA1, s. 2342pc Section 2342pc. 218.11 (6) (n) of the statutes is amended to read:

AB133-SSA1,1189,14 218.11 (6) (n) Having violated any law relating to the sale, distribution or financing of mobile homes recreational vehicles.

AB133-SSA1, s. 2342pg Section 2342pg. 218.11 (7) of the statutes is amended to read:

AB133-SSA1,1189,23 218.11 (7) (a) The licensor department may without notice deny the application for a license within 60 days after receipt thereof by written notice to the applicant, stating the grounds for such denial. Within 30 days after such notice, the applicant may petition the department of administration division of hearings and appeals, as defined in s. 218.01 (1) (gm), to conduct a hearing to review the denial, and a hearing shall be scheduled with reasonable promptness. If the licensor is the department of transportation, the division of hearings and appeals shall conduct the hearing. This paragraph does not apply to denials of applications for licenses under sub. (6m).

AB133-SSA1,1190,10 (b) No license may be suspended or revoked except after a hearing thereon. The licensor department shall give the licensee at least 5 days' notice of the time and place of such hearing. The order suspending or revoking such license shall not be effective until after 10 days' written notice thereof to the licensee, after such hearing has been had; except that the licensor department, when in its opinion the best interest of the public or the trade demands it, may suspend a license upon not less than 24 hours' notice of hearing and with not less than 24 hours' notice of the suspension of the license. Matters involving suspensions and revocations brought before the licensor shall be heard and decided upon by the department of administration. If the licensor is the department of transportation, the division of hearings and appeals shall conduct the hearing. This paragraph does not apply to licenses that are suspended under sub. (6m).

AB133-SSA1,1190,15 (c) The licensor department may inspect the pertinent books, records, letters and contracts of a licensee. The actual cost of each such examination shall be paid by such licensee so examined within 30 days after demand therefor by the licensor, department and the licensor department may maintain an action for the recovery of such costs in any court of competent jurisdiction.

AB133-SSA1, s. 2342pL Section 2342pL. 218.12 (title) of the statutes is amended to read:

AB133-SSA1,1190,18 218.12 (title) Mobile home dealer Recreational vehicle salespersons regulated.

AB133-SSA1, s. 2342pp Section 2342pp. 218.12 (1) of the statutes is amended to read:

AB133-SSA1,1190,24 218.12 (1) No person may engage in the business of selling mobile homes to the ultimate recreational vehicles to a consumer or to the retail market in this state without a license therefor from the licensor department. If a mobile home dealer acts as a mobile home salesperson the dealer shall secure a mobile home salesperson's license in addition to the license for engaging as a mobile home dealer.

AB133-SSA1, s. 2342pt Section 2342pt. 218.12 (2) (a) of the statutes is amended to read:

AB133-SSA1,1191,6 218.12 (2) (a) Applications for mobile home a salesperson's license and renewals thereof shall be made to the licensor department on such forms as the licensor department prescribes and furnishes and shall be accompanied by the license fee required under par. (c) or (d). The application shall include the applicant's social security number. In addition, the application shall require such pertinent information as the licensor department requires.

AB133-SSA1, s. 2342px Section 2342px. 218.12 (2) (b) and (d) of the statutes are amended to read:

AB133-SSA1,1191,9 218.12 (2) (b) 1. The licensor department shall promulgate rules establishing the license period under this section.

AB133-SSA1,1191,11 2. The licensor department may promulgate rules establishing a uniform expiration date for all licenses issued under this section.

AB133-SSA1,1191,16 (d) If the licensor department issues a license under this section during the license period, the fee for the license shall equal $4 multiplied by the number of calendar years, including parts of calendar years, during which the license remains in effect. A fee determined under this paragraph may not exceed the license fee for the entire license period under par. (c).

AB133-SSA1, s. 2342tc Section 2342tc. 218.12 (3) of the statutes is amended to read:

AB133-SSA1,1191,22 218.12 (3) Every licensee shall carry his or her license when engaged in his or her business and display the same upon request. The license shall name his or her employer, and in case of a change of employer, the salesperson shall immediately mail his or her license to the licensor who department, which shall endorse such change on the license without charge.

AB133-SSA1, s. 2342tg Section 2342tg. 218.12 (5) of the statutes is amended to read:

AB133-SSA1,1192,3 218.12 (5) The provision of s. 218.01 (3) relating to the denial, suspension and revocation of a motor vehicle salesperson's license shall apply to the denial, suspension and revocation of a mobile home salesperson's license so far as applicable, except that such provision does not apply to the denial, suspension or revocation of a license under sub. (3m).

AB133-SSA1, s. 2342tL Section 2342tL. 218.12 (6) of the statutes is amended to read:

AB133-SSA1,1192,7 218.12 (6) The provisions of s. 218.01 (3) (g) and (5) shall apply to this section, mobile home recreational vehicle sales practices and the regulation of travel trailer or mobile home recreational vehicle salespersons, as far as applicable.