Amendment SA1-SSA1-AB133

AB133-SSA1-SA1,407,23 1053. Page 1339, line 3: after that line insert:

AB133-SSA1-SA1,408,1 " Section 2734c. 341.406 of the statutes is created to read:

AB133-SSA1-SA1,408,10 341.406 Uniform hazardous materials transportation plan and fees. (1) The department shall promulgate rules establishing criteria for the payment of fees by persons who may be required to file hazardous materials transportation registration statements with the federal department of transportation under 49 USC 5108 or who may be required to register with the state under 49 USC 5119. The rules promulgated under this subsection shall be consistent with the procedures, limitations and recommendations under 49 USC 5119. The department shall design the rules so that revenue from the fees paid in fiscal year 2000-01 are approximately $700,000.".

AB133-SSA1-SA1,408,11 1054. Page 1340, line 20: after that line insert:

AB133-SSA1-SA1,408,13 " Section 2734hdm. 342.07 (1) of the statutes is renumbered 342.07 (1) (intro.) and amended to read:

AB133-SSA1-SA1,408,15 342.07 (1) Application for registration of and a new certificate of title for a repaired salvage vehicle must be accompanied by the all of the following:

AB133-SSA1-SA1,408,16 (a) The required fees, a.

AB133-SSA1-SA1,408,18 (b) A properly assigned salvage certificate of title or a properly assigned certificate of title by a dealer under s. 342.16 (1) (a) for the vehicle and any.

AB133-SSA1-SA1,408,19 (c) Any other transfer document required by law, and by the.

AB133-SSA1-SA1,408,20 (d) The certificate of inspection under sub. (4).

AB133-SSA1-SA1, s. 2734hdp Section 2734hdp. 342.07 (2) (a) of the statutes is amended to read:

AB133-SSA1-SA1,408,23 342.07 (2) (a) To determine whether the vehicle is the same vehicle for which the salvage title in submitted under sub. (1) was issued;".

AB133-SSA1-SA1,408,24 1055. Page 1341, line 9: after that line insert:

AB133-SSA1-SA1,409,1 " Section 2734hgd. 342.15 (2) of the statutes is amended to read:

AB133-SSA1-SA1,409,7 342.15 (2) Except as provided in s. 342.16 with respect to a vehicle which is not a salvage vehicle, the transferee shall, promptly after delivery to him or her of the vehicle, execute the application for a new certificate of title in the space provided therefor on the certificate or as the department prescribes, and cause deliver or mail the certificate and application to be mailed or delivered to the department. A salvage vehicle purchaser shall comply with s. 342.065 (1) (b) (a).

AB133-SSA1-SA1, s. 2734hgf Section 2734hgf. 342.15 (3) of the statutes is amended to read:

AB133-SSA1-SA1,409,14 342.15 (3) Except as provided in s. 342.16 with respect to a vehicle which is not a salvage vehicle and as between the parties, a transfer by an owner is not effective until the provisions of this section have been complied with. An owner who has delivered possession of the vehicle to the transferee and has complied with the provisions of this section requiring action by him or her is not liable as owner for any damages thereafter resulting from operation of the vehicle.

AB133-SSA1-SA1, s. 2734hgh Section 2734hgh. 342.15 (6) of the statutes is amended to read:

AB133-SSA1-SA1,409,21 342.15 (6) (a) Except as provided in s. 342.16 with respect to a vehicle which is not a salvage vehicle, any transferee of a vehicle who fails to make application for a new certificate of title immediately upon transfer to him or her of a vehicle may be required to forfeit not more than $200. A certificate is considered to have been applied for when the application accompanied by the required fee has been delivered to the department or deposited in the mail properly addressed with postage prepaid.

AB133-SSA1-SA1,410,3 (b) Except as provided in s. 342.16 with respect to a vehicle which is not a salvage vehicle, any transferee of a vehicle who with intent to defraud fails to make application for a new certificate of title immediately upon transfer to him or her of a vehicle may be fined not more than $1,000 or imprisoned for not more than 30 days or both. A certificate is considered to have been applied for when the application accompanied by the required fee has been delivered to the department or deposited in the mail properly addressed with postage prepaid.

AB133-SSA1-SA1, s. 2734hgj Section 2734hgj. 342.16 (1) (a) of the statutes is amended to read:

AB133-SSA1-SA1,411,2 342.16 (1) (a) Except as provided in par. (c), if a dealer acquires a new or used vehicle that is not a salvage vehicle and holds it for resale, or acquires a salvage vehicle that is currently titled as a salvage vehicle and holds it for resale or accepts a vehicle for sale on consignment, the dealer may not submit to the department the certificate of title or application for certificate of title naming the dealer as owner of the vehicle. Upon transferring the vehicle to another person, the dealer shall immediately give the transferee on a form prescribed by the department a receipt for all title, registration, security interest and sales tax moneys paid to the dealer for transmittal to the department when required. The dealer shall promptly execute the assignment and warranty of title, showing the name and address of the transferee and of any secured party holding a security interest created or reserved at the time of the resale or sale on consignment, in the spaces provided therefor on the certificate or as the department prescribes. Within 7 business days following the sale or transfer, the dealer shall mail or deliver the certificate or application for certificate to the department with the transferee's application for a new certificate. A nonresident who purchases a motor vehicle from a dealer in this state may not, unless otherwise authorized by rule of the department, apply for a certificate of title issued for the vehicle in this state unless the dealer determines that a title is necessary to protect the interests of a secured party. The dealer is responsible for determining whether a title and perfection of security interest is required. The dealer is liable for any damages incurred by the department or any secured party for the dealer's failure to perfect a security interest which the dealer had knowledge of at the time of sale.

AB133-SSA1-SA1, s. 2734hgm Section 2734hgm. 342.16 (1) (c) of the statutes is amended to read:

AB133-SSA1-SA1,411,13 342.16 (1) (c) Except when all available spaces for a dealer's or wholesaler's reassignment on a certificate of title have been completed or as otherwise authorized by rules of the department, a dealer or wholesaler who acquires a new or used vehicle that is not a salvage vehicle and holds it for resale, or acquires a salvage vehicle that is currently titled as a salvage vehicle and holds it for resale or accepts a vehicle for sale on consignment may not apply for a certificate of title naming the dealer or wholesaler as owner of the vehicle. The rules may regulate the frequency of application by a dealer or wholesaler for transfer of registration or credits for registration from a previously registered vehicle to another vehicle that the dealer or wholesaler intends to register in his or her own name.

AB133-SSA1-SA1, s. 2734hgo Section 2734hgo. 342.16 (1) (d) of the statutes is amended to read:

AB133-SSA1-SA1,411,21 342.16 (1) (d) Unless exempted by rule of the department, a dealer or wholesaler who acquires a new or used vehicle that is not a salvage vehicle and holds it for resale or acquires a salvage vehicle currently titled as a salvage vehicle and holds it for resale shall make application for a certificate of title naming the dealer or wholesaler as owner of the vehicle when all of the available spaces for a dealer's or wholesaler's reassignment on the certificate of title for such vehicle have been completed.".

AB133-SSA1-SA1,411,22 1056. Page 1344, line 13: after that line insert:

AB133-SSA1-SA1,411,23 " Section 2751m. 345.05 (1) (c) of the statutes is amended to read:

AB133-SSA1-SA1,412,4 345.05 (1) (c) "Municipality" means any county, city, village, town, school district (as enumerated in s. 67.01 (5), sewer district, drainage district, commission formed by a contract under s. 66.30 (2) and, without restriction because of failure of enumeration, any other political subdivision of the state.".

AB133-SSA1-SA1,412,6 1057. Page 1347, line 7: after "suspended" insert ". The operating privilege shall be suspended".

AB133-SSA1-SA1,412,9 1058. Page 1347, line 14: after "privilege." insert "This paragraph does not apply if the judgment was entered solely for violation of an ordinance unrelated to the violator's operation of a motor vehicle.".

AB133-SSA1-SA1,412,11 1059. Page 1361, line 6: delete the material beginning with that line and ending with page 1362, line 20.

AB133-SSA1-SA1,412,12 1060. Page 1375, line 12: after that line insert:

AB133-SSA1-SA1,412,13 " Section 2922g. 440.947 of the statutes is created to read:

AB133-SSA1-SA1,412,15 440.947 Disclosures and representations for certain sales. (1) In this section:

AB133-SSA1-SA1,412,21 (a) "Cash advance item" means personal property or a service that is obtained by a person from a 3rd party and that is paid for by the person on behalf of, and subject to reimbursement from, a buyer of a casket, outer burial container or cemetery merchandise from the person. "Cash advance item" includes cemetery or crematory services, pallbearers, public transportation, clergy honoraria, flowers, musicians or vocalists, nurses, obituary notices, gratuities and death certificates.

AB133-SSA1-SA1,412,24 (b) "Direct cremation service" means the disposition of human remains by cremation without any formal viewing, visitation or ceremony in which the body of the deceased is present.

AB133-SSA1-SA1,413,1 (c) "Outer burial container" has the meaning given in s. 157.061 (11g).

AB133-SSA1-SA1,413,3 (d) "Person" does not include a person issued a funeral director's license under ch. 445 or an operator of a funeral establishment, as defined in s. 445.01 (7).

AB133-SSA1-SA1,413,7 (2) No person may sell or offer for sale a casket, outer burial container or cemetery merchandise unless the person has provided to the buyer, prior to the sale, a price list in a clearly legible and conspicuous format that includes each of the following:

AB133-SSA1-SA1,413,8 (a) The name, address and telephone number of the person's place of business.

AB133-SSA1-SA1,413,9 (b) The effective date of the price list.

AB133-SSA1-SA1,413,14 (c) The price and a description of each type of casket, outer burial container and cemetery merchandise that the person usually offers for sale without special ordering. A description required under this paragraph shall enable a buyer to identify and understand the specific casket, outer burial container or cemetery merchandise that is offered for sale.

AB133-SSA1-SA1,413,19 (d) If the person usually offers an outer burial container for sale without special ordering, a statement that is identical to the following: "State law does not require that you buy a container to surround the casket in the grave. However, many cemeteries require that you have such a container so that the grave will not sink in. Either a grave liner or a burial vault will satisfy these requirements."

AB133-SSA1-SA1,414,2 (e) The price and a description of any direct cremation or burial service offered by the person and, if the person offers direct cremation service, a statement that is identical to the following: "If you want to arrange a direct cremation, you can use an alternative container. Alternative containers encase the body and can be made of materials like fiberboard or composition materials (with or without an outside covering). The containers that we provide are .... [insert a description of the containers offered for direct cremation]."

AB133-SSA1-SA1,414,5 (f) The price and a description of any service offered by the person for the use any facilities, equipment or staff related to a viewing, funeral ceremony, memorial service or graveside service.

AB133-SSA1-SA1,414,7 (g) The amount and a description of any basic service fee that is charged in addition to any price described under pars. (c), (e) or (f).

AB133-SSA1-SA1,414,10 (3) A person who sells a casket, outer burial container or cemetery merchandise shall, immediately after completing the sale, provide the buyer with a form in a clearly legible and conspicuous format that includes each of the following:

AB133-SSA1-SA1,414,12 (a) The price and a description of the casket, outer burial container or cemetery merchandise.

AB133-SSA1-SA1,414,14 (b) The price and a description of any service specified in sub. (2) (e) or (f) that is sold in addition to the casket, outer burial container or cemetery merchandise.

AB133-SSA1-SA1,414,16 (c) The amount and a description of any basic service fee that is charged in addition to any price described under par. (a) or (b).

AB133-SSA1-SA1,414,19 (d) A statement that the buyer may be charged only for the items that he or she has selected or that are required by law and a description and explanation of any items that he or she is required by law to purchase.

AB133-SSA1-SA1,414,23 (e) A description of any charge for a cash advance item, including any commission, discount or rebate that the person receives for a cash advance item from the 3rd party from which the cash advance item is obtained and that the person does not pass on to the buyer.

AB133-SSA1-SA1,414,25 (4) No person who sells a casket, outer burial container or cemetery merchandise may do any of the following:

AB133-SSA1-SA1,415,2 (a) Provide inaccurate information regarding the information specified in sub. (2) (c), (e), (f) or (g) to a prospective buyer who contacts the person by telephone.

AB133-SSA1-SA1,415,4 (b) Represent that state or local law requires a prospective buyer to purchase a casket for a direct cremation service.

AB133-SSA1-SA1,415,7 (c) Misrepresent to a prospective buyer any requirement under federal, state or local law or under the rules of any cemetery, mausoleum or crematory relating to the use of a casket, outer burial container or cemetery merchandise.

AB133-SSA1-SA1,415,10 (d) Represent that any casket, outer burial container or cemetery merchandise will delay the natural decomposition of human remains for a long or indefinite period of time.

AB133-SSA1-SA1,415,12 (e) Require a buyer to pay an additional fee or surcharge if the buyer purchases a casket, outer burial container or cemetery merchandise from a 3rd party.

AB133-SSA1-SA1,415,14 (f) Alter a price specified in sub. (2) (c), (e), (f) or (g) based on the type of casket, outer burial container or cemetery merchandise purchased by a buyer.

AB133-SSA1-SA1,415,20 (5) A person who sells a casket, outer burial container or cemetery merchandise shall retain a copy of the price list specified in sub. (2) (intro.) for at least one year after the date of its last distribution to a prospective buyer and shall retain a copy of each form that is provided to a buyer under sub. (3) (intro.) for at least one year after completion of a sale. A person required to retain a copy under this subsection shall make the copy available for inspection by the department upon request.

AB133-SSA1-SA1, s. 2922r Section 2922r. 440.95 (3) of the statutes is amended to read:

AB133-SSA1-SA1,415,24 440.95 (3) Except as provided in subs. (1) and (2), any person who violates s. 440.91 or 440.947 or any rule promulgated under s. 440.91 may be fined not more than $1,000 or imprisoned for not more than 6 months or both.".

AB133-SSA1-SA1,416,1 1061. Page 1376, line 21: after that line insert:

AB133-SSA1-SA1,416,2 " Section 2927m. 560.031 of the statutes is repealed and recreated to read:

AB133-SSA1-SA1,416,3 560.031 Recycling market development. (1) In this section:

AB133-SSA1-SA1,416,4 (d) "Responsible unit" has the meaning given in s. 287.01 (9).

AB133-SSA1-SA1,416,7 (2) (a) At the request of the board, the department shall provide the financial assistance awarded to a governmental entity or business entity by the board under sub. (3).

AB133-SSA1-SA1,416,9 (b) The department shall provide the financial assistance from the appropriations under s. 20.143 (1) (L) and (tm).

AB133-SSA1-SA1,416,14 (3) The board may award a grant, loan or manufacturing rebate under this subsection to a governmental unit or business entity for a project to assist waste generators in the marketing of recovered materials or to develop markets for recovered materials. Before awarding a grant, loan or manufacturing rebate, the board shall consider the extent to which the project does the following:

AB133-SSA1-SA1,416,15 (a) Maximizes the marketability of recovered materials on a statewide basis.

AB133-SSA1-SA1,416,17 (b) Minimizes the amount of recovered materials disposed of in landfills or burned without energy recovery in incinerators.

AB133-SSA1-SA1,416,19 (c) Includes materials that are banned from landfills and that will support community recycling efforts.

AB133-SSA1-SA1,416,21 (d) Maintains present markets or creates new or expanded markets for recovered materials.

AB133-SSA1-SA1,417,5 (4) If the board determines that financial assistance is required to stimulate an activity that it determines is needed to assist responsible units in the marketing of recovered materials or to develop markets for recovered materials, the board shall request the department to issue a request for proposals for that activity, unless the board determines that a request for proposals is not an effective means for distributing the financial assistance for that activity. Upon a request from the board under this subsection, the department shall issue a request for proposals for the activity specified by the board.

AB133-SSA1-SA1,417,10 (5) The department shall annually contract for the operation of a statewide materials exchange program with a materials exchange program that received funding from the board in the 1997-99 fiscal biennium. The department shall provide funding for the materials exchange program from the appropriation under s. 20.143 (1) (tm).

AB133-SSA1-SA1,417,12 (6) The department shall consult with the board and seek advice from the council on recycling before promulgating any rules under this section.".

AB133-SSA1-SA1,417,13 1062. Page 1378, line 12: after that line insert:

AB133-SSA1-SA1,417,14 " Section 2937f. 560.083 of the statutes is created to read:

AB133-SSA1-SA1,417,16 560.083 Grants for public retail markets. (1) In this section, "municipality" means a city, village, town or county in this state.

AB133-SSA1-SA1,417,20 (2) From the appropriation under s. 20.143 (1) (c), the department may make grants to municipalities and nonprofit organizations to fund costs related to conducting public retail markets. The department shall promulgate rules for the administration of this section.".

AB133-SSA1-SA1,417,21 1063. Page 1378, line 12: after that line insert:

AB133-SSA1-SA1,417,22 " Section 2937m. 560.09 (5) of the statutes is repealed.".

AB133-SSA1-SA1,417,23 1064. Page 1384, line 23: after that line insert:

AB133-SSA1-SA1,417,24 " Section 2955f. 560.155 of the statutes is created to read:

AB133-SSA1-SA1,418,4 560.155 Business employes' skills training financial assistance program. (1) From the appropriations under s. 20.143 (1) (c) and (Lm), the department may award financial assistance as provided in sub. (2) (a) to a business if all of the following apply:

AB133-SSA1-SA1,418,6 (a) The business is located in this state and satisfies any of the following criteria:

AB133-SSA1-SA1,418,7 1. The business has no more than 35 full-time employes.

AB133-SSA1-SA1,418,9 2. The business had no more than $2,500,000 in gross annual income in the year preceding the year in which the business receives the financial assistance.