Amendment SA1-SSA1-AB133

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.

AB133-SSA1-SA1,418,12 (b) The business uses the financial assistance to provide skills training or other education related to the needs of the business to current or prospective employes of the business.

AB133-SSA1-SA1,418,14 (c) The business submits a plan to the department detailing the proposed use of the financial assistance and the secretary approves the plan.

AB133-SSA1-SA1,418,17 (d) The business enters into a written agreement with the department that specifies the conditions for the use of the financial assistance, including reporting, auditing and repayment requirements.

AB133-SSA1-SA1,418,22 (e) The business agrees in writing that, before providing training or other education to a current or prospective employe with the financial assistance, it will enter into a contract with the employe under which the business agrees to retain the employe, and the employe agrees to work for the business, for at least one year after the employe's training or education is completed.

AB133-SSA1-SA1,418,24 (f) The business agrees in writing to submit to the department the report required under sub. (3) by the time required under sub. (3).

AB133-SSA1-SA1,419,3 (2) (a) The department may not award a business more than $10,000 in financial assistance under this section. One-half of the amount awarded to a business shall be a grant and one-half shall be a loan.

AB133-SSA1-SA1,419,7 (b) In awarding financial assistance under this section, the department shall give preference to businesses in industries with especially severe labor shortages. The department shall consult with the department of workforce development to determine which industries are experiencing severe labor shortages.

AB133-SSA1-SA1,419,10 (c) 1. Except as provided in subd. 2., the department shall award not less than 30% of the financial assistance awarded under this section in a fiscal biennium to businesses that are located in counties with populations of less than 100,000.

AB133-SSA1-SA1,419,13 2. Subdivision 1. does not apply in any fiscal biennium in which the department receives applications from an insufficient number of qualified businesses to comply with subd. 1.

AB133-SSA1-SA1,419,16 (3) A business that receives financial assistance under this section shall submit to the department, within 6 months after spending the full amount of the proceeds, a report detailing how the proceeds were used.".

AB133-SSA1-SA1,419,17 1065. Page 1394, line 11: after that line insert:

AB133-SSA1-SA1,419,18 " Section 2982k. 560.27 of the statutes is created to read:

AB133-SSA1-SA1,419,22 560.27 Grants for work-based learning programs. (1) From the appropriation under s. 20.143 (1) (kj), the department may make a grant of up to $350,000 in each fiscal year to the College of the Menominee Nation for the provision of work-based learning programs for students of the tribal college.

AB133-SSA1-SA1,420,3 (2) The department shall promulgate rules for the administration of this section, including rules related to the use of the proceeds and auditing and reporting requirements.".

AB133-SSA1-SA1,420,4 1066. Page 1394, line 11: after that line insert:

AB133-SSA1-SA1,420,5 " Section 2980m. 560.26 of the statutes is created to read:

AB133-SSA1-SA1,420,8 560.26 Wisconsin Procurement Institute grants. (1) Subject to sub. (3), the department shall make grants annually from the appropriation under s. 20.143 (1) (c) to the Wisconsin Procurement Institute if all of the following apply:

AB133-SSA1-SA1,420,10 (a) The Wisconsin Procurement Institute uses the grant proceeds to further its efforts to secure federal government contracts and create jobs in the state.

AB133-SSA1-SA1,420,13 (b) The Wisconsin Procurement Institute submits a plan to the department for each grant detailing the proposed use of the grant and the secretary approves the plan.

AB133-SSA1-SA1,420,16 (c) The Wisconsin Procurement Institute enters into a written agreement with the department that specifies the conditions for use of the grant proceeds, including reporting and auditing requirements.

AB133-SSA1-SA1,420,18 (d) The Wisconsin Procurement Institute agrees in writing to submit to the department the report required under sub. (2) by the time required under sub. (2).

AB133-SSA1-SA1,420,21 (2) If the Wisconsin Procurement Institute receives a grant under this section, it shall submit to the department, within 6 months after spending the full amount of the grant, a report detailing how the grant proceeds were used.

AB133-SSA1-SA1,420,23 (3) The department may not make grants under sub. (1) that exceed $100,000 in total in any year.".

AB133-SSA1-SA1,420,24 1067. Page 1396, line 17: after that line insert:

AB133-SSA1-SA1,421,1 " Section 2996p. 560.65 (4) (a) of the statutes is repealed.".

AB133-SSA1-SA1,421,3 1068. Page 1396, line 24: delete the material beginning with that line and ending with page 1397, line 3, and substitute:

AB133-SSA1-SA1,421,9 "560.68 (3) The department may charge a grant or loan recipient of a grant or loan awarded under this subchapter an origination fee of up to 1.5% of the grant or loan amount if the grant or loan exceeds $200,000 and is awarded under s. 560.63 or 560.66 equals $100,000 or more. The department shall deposit all origination fees collected under this subsection in the appropriation account under s. 20.143 (1) (gm).".