Amendment JR2 AA1-ASA1-AB1

AB1-ASA1-AA1,144,18 94.73 (15) (a) The department may, by rule, reduce any of the surcharges in ss. 94.64 (3r) (b) and (4) (a) 5., 94.681 (3), 94.685 (3) (a) 2., 94.703 (3) (a) 2., and 94.704 (3) (a) 2. below the amounts specified in those provisions. The department shall adjust surcharge amounts as necessary to maintain a balance in the agricultural chemical cleanup fund at the end of each fiscal year of at least $2,000,000 but not more than $5,000,000 $3,000,000, but may not increase a surcharge amount over the amount specified in s. 94.64 (3r) (b) or (4) (a) 5., 94.681 (3), 94.685 (3) (a) 2., 94.703 (3) (a) 2., or 94.704 (3) (a) 2.".

AB1-ASA1-AA1,144,19 193. Page 155, line 13: after that line insert:

AB1-ASA1-AA1,144,21 " Section 263b. 100.207 (1) of the statutes is renumbered 100.207 (1) (intro.) and amended to read:

AB1-ASA1-AA1,144,23 100.207 (1) Definition Definitions. (intro.) In this section, "telecommunications:

AB1-ASA1-AA1,144,24 (b) "Telecommunications service" has the meaning given in s. 196.01 (9m).

AB1-ASA1-AA1, s. 263f Section 263f. 100.207 (1) (a) of the statutes is created to read:

AB1-ASA1-AA1,145,3 100.207 (1) (a) "Telecommunications provider" has the meaning given in s. 196.01 (8p).

AB1-ASA1-AA1, s. 263k Section 263k. 100.207 (1) (c) of the statutes is created to read:

AB1-ASA1-AA1,145,7 100.207 (1) (c) "Telecommunications subscription" means a contract between a telecommunications provider and a customer for a telecommunications service that is always provided to the customer during each billing period.

AB1-ASA1-AA1, s. 263o Section 263o. 100.207 (3g) of the statutes is created to read:

AB1-ASA1-AA1,145,11 100.207 (3g) Billing for other services. (a) A telecommunications provider may not bill a customer for any goods or services, other than telecommunications services, unless all of the following apply:

AB1-ASA1-AA1,145,13 1. The telecommunications provider reasonably believes that the customer knowingly consented to the billing.

AB1-ASA1-AA1,145,16 2. The telecommunications provider confirms with the customer, before providing the telecommunications service, that the customer knowingly consented to the billing.

AB1-ASA1-AA1,145,18 (b) If a customer consents to being billed under par. (a), all of the following shall apply:

AB1-ASA1-AA1,145,22 1. The telecommunications provider shall distinguish the billing for the other goods or services from the billing for the telecommunications service in a conspicuous manner. The department shall promulgate rules establishing requirements for complying with this subdivision.

AB1-ASA1-AA1,145,24 2. The telecommunications provider shall provide a detailed itemized listing of the charges for the goods or services if requested to do so by the customer.

AB1-ASA1-AA1, s. 263s Section 263s. 100.207 (3m) of the statutes is created to read:

AB1-ASA1-AA1,146,3 100.207 (3m) Telecommunications service confirmation. (a) A telecommunications provider may not provide a telecommunications service to a customer unless all of the following apply:

AB1-ASA1-AA1,146,5 1. The telecommunications provider reasonably believes that the customer knowingly consented to receive the service.

AB1-ASA1-AA1,146,8 2. The telecommunications provider confirms with the customer, before providing the telecommunications service, that the customer knowingly consented to receive the service.

AB1-ASA1-AA1,146,12 3. At the time that the telecommunications provider provides confirmation under subd. 2., the telecommunications provider informs the customer that he or she may, before the service is activated, withdraw his or her consent to receive the service and informs the customer of the manner by which that consent may be withdrawn.

AB1-ASA1-AA1,146,15 (b) Paragraph (a) does not apply to basic local exchange service or long distance toll service or a telecommunications service that is provided as part of a telecommunications subscription.

AB1-ASA1-AA1, s. 263w Section 263w. 100.207 (5g) of the statutes is created to read:

AB1-ASA1-AA1,146,21 100.207 (5g) Restrictions on contracts. No telecommunications provider may place in a contract entered into with a customer located in this state a clause that provides that a law of a state other than this state applies to the parties or terms of the contract or the rights and remedies under the contract, unless the law of the other state is in conformity with the law of this state.

AB1-ASA1-AA1, s. 263y Section 263y. 100.207 (5m) of the statutes is created to read:

AB1-ASA1-AA1,147,2 100.207 (5m) Record requirements. Any person who provides telecommunications service to any customer in this state shall maintain each billing and collection record that is made in providing the telecommunications service for a period of 5 years beginning on the date that the record is made.".

AB1-ASA1-AA1,147,3 194. Page 156, line 9: after that line insert:

AB1-ASA1-AA1,147,5 " Section 267m. 101.01 (11) of the statutes, as affected by 2001 Wisconsin Act 16, section 2446rb, is amended to read:

AB1-ASA1-AA1,147,23 101.01 (11) "Place of employment" includes every place, whether indoors or out or underground and the premises appurtenant thereto where either temporarily or permanently any industry, trade, or business is carried on, or where any process or operation, directly or indirectly related to any industry, trade, or business, is carried on, and where any person is, directly or indirectly, employed by another for direct or indirect gain or profit, but does not include any place where persons are employed in private domestic service which does not involve the use of mechanical power or in farming. "Farming" includes those activities specified in s. 102.04 (3), and also includes; the transportation of farm products, supplies, or equipment directly to the farm by the operator of the farm or employees for use thereon, if such activities are directly or indirectly for the purpose of producing commodities for market, or as an accessory to such production; and the operation of a horse boarding facility or horse training facility that does not contain an area for the public to view a horse show. When used with relation to building codes, "place of employment" does not include an adult family home, as defined in s. 50.01 (1), or, except for the purposes of s. 101.11, a previously constructed building used as a community-based residential facility, as defined in s. 50.01 (1g), which serves 20 or fewer residents who are not related to the operator or administrator.

AB1-ASA1-AA1, s. 267q Section 267q. 101.01 (12) of the statutes, as affected by 2001 Wisconsin Act 16, section 2447db, is amended to read:

AB1-ASA1-AA1,148,11 101.01 (12) "Public building" means any structure, including exterior parts of such building, such as a porch, exterior platform, or steps providing means of ingress or egress, used in whole or in part as a place of resort, assemblage, lodging, trade, traffic, occupancy, or use by the public or by 3 or more tenants. When used in relation to building codes, "public building" does not include a horse boarding facility or horse training facility that does not contain an area for the public to view a horse show or a previously constructed building used as a community-based residential facility as defined in s. 50.01 (1g) which serves 20 or fewer residents who are not related to the operator or administrator or an adult family home, as defined in s. 50.01 (1).".

AB1-ASA1-AA1,148,12 195. Page 156, line 9: after that line insert:

AB1-ASA1-AA1,148,13 " Section 267n. 100.263 of the statutes is amended to read:

AB1-ASA1-AA1,148,24 100.263 Recovery. In addition to other remedies available under this chapter, the court may award the department the reasonable and necessary costs of investigation and an amount reasonably necessary to remedy the harmful effects of the violation and the court may award the department of justice the reasonable and necessary expenses of prosecution, including attorney fees, from any person who violates this chapter. The department and the department of justice shall deposit in the state treasury for deposit in the general fund all moneys that the court awards to the department, the department of justice or the state under this section. Ten percent of the money deposited in the general fund that was awarded under this section for the costs of investigation and the expenses of prosecution, including attorney fees, shall be credited to the appropriation account under s. 20.455 (1) (gh).".

AB1-ASA1-AA1,149,1 196. Page 156, line 20: after that line insert:

AB1-ASA1-AA1,149,2 " Section 269r. 101.563 of the statutes is created to read:

AB1-ASA1-AA1,149,11 101.563 Payments without regard to eligibility; calendar years 2000 to 2004. (1) Entitlement to dues. (a) Payments from calendar year 2000 dues. Notwithstanding ss. 101.573 (3) (a) and 101.575 (1) and (3) to (5), the department shall pay the amount determined under sub. (2) (a) to every city, village, and town that was ineligible to receive a proportionate share of fire department dues collected for calendar year 2000 as a result of that city, village, or town failing to satisfy all eligibility requirements under s. 101.575 (1) and (3) to (5) or to demonstrate to the department that the city, village, or town was eligible under s. 101.575 (1) and (3) to (5) to receive a proportionate share of the fire department dues.

AB1-ASA1-AA1,149,21 (b) Payments from dues for calendar years 2001 to 2004. Notwithstanding ss. 101.573 (3) (a) and 101.575 (1) and (3) to (5) and except as otherwise provided in this paragraph, the department may not withhold payment of a proportionate share of fire department dues under ss. 101.573 and 101.575 to a city, village, or town based upon the failure of that city, village, or town to satisfy all eligibility requirements under s. 101.575 (1) and (3) to (5) or to demonstrate to the department that the city, village, or town is eligible under s. 101.575 (1) and (3) to (5) to receive a proportionate share of fire department dues. This paragraph applies only to the payment of a proportionate share of fire department dues collected for calendar years 2001 to 2004.

AB1-ASA1-AA1,150,12 (2) Distribution of dues. (a) Payments from calendar year 2000 dues. Notwithstanding s. 101.573 (3) (a), the department shall pay every city, village, and town that is entitled to payment under sub. (1) (a) the amount to which that city, village, or town would have been entitled to receive on or before August 1, 2001, had the city, village, or town been eligible to receive a payment on that date. The department shall calculate the amount due under this paragraph as if every city, village, and town maintaining a fire department was eligible to receive a payment on that date. By the date on which the department provides a certification or recertification to the state treasurer under par. (b) 1., the department shall certify to the state treasurer the amount to be paid to each city, village, and town under this paragraph. On or before August 1, 2002, the state treasurer shall pay the amount certified by the department under this paragraph to each such city, village, and town. The state treasurer may combine any payment due under this paragraph with any amount due to be paid on or before August 1, 2002, to the same city, village, or town under par. (b) 1.

AB1-ASA1-AA1,151,5 (b) Payments from dues for calendar years 2001 to 2004. 1. `Payments from calendar year 2001 dues.' Notwithstanding s. 101.575 (3) (a), by the 30th day following the effective date of this subdivision .... [revisor inserts date], the department shall compile the fire department dues paid by all insurers under s. 601.93 and the dues paid by the state fire fund under s. 101.573 (1) and funds remaining under s. 101.573 (3) (b), subtract the total amount due to be paid under par. (a), withhold 0.5%, and certify to the state treasurer the proper amount to be paid from the appropriation under s. 20.143 (3) (L) to each city, village, and town entitled to a proportionate share of fire department dues as provided under sub. (1) (b) and s. 101.575. If the department has previously certified an amount to the state treasurer under s. 101.57 (3) (a) during calendar year 2002, the department shall recertify the amount in the manner provided under this subdivision. On or before August 1, 2002, the state treasurer shall pay the amounts certified or recertified by the department under this subdivision to each city, village, and town entitled to a proportionate share of fire department dues as provided under sub. (1) and s. 101.575. The state treasurer may combine any payment due under this subdivision with any amount due to be paid on or before August 1, 2002, to the same city, village, or town under par. (a).

AB1-ASA1-AA1,151,16 2. `Payments from dues for calendar years 2002 to 2004.' Notwithstanding s. 101.573 (3) (a) and except as otherwise provided in this subdivision, on or before May 1 in each year, the department shall compile the fire department dues paid by all insurers under s. 601.93 and the dues paid by the state fire fund under s. 101.573 (1) and funds remaining under s. 101.573 (3) (b), withhold 0.5% and certify to the state treasurer the proper amount to be paid from the appropriation under s. 20.143 (3) (L) to each city, village, and town entitled to a proportionate share of fire department dues as provided under sub. (1) (b) and s. 101.575. Annually, on or before August 1, the state treasurer shall pay the amounts certified by the department to each such city, village, and town. This paragraph applies only to payment of a proportionate share of fire department dues collected for calendar years 2002 to 2004.

AB1-ASA1-AA1,152,3 3. The amounts withheld under subds. 1. and 2. shall be disbursed to correct errors of the department or the commissioner of insurance. The department shall certify to the state treasurer the amount that must be disbursed to correct an error and the state treasurer shall pay the amount to the specified city, village, or town. The balance of the amount withheld in a calendar year under subds. 1. or 2., as applicable, which is not disbursed under this subdivision shall be included in the total compiled by the department under subd. 2. for the next calendar year, except that amounts withheld under subd. 2. from fire department dues collected for calendar year 2004 that are not disbursed under this subdivision shall be included in the total compiled by the department under s. 101.573 (3) (a) for the next calendar year. If errors in payments exceed the amount withheld, adjustments shall be made in the distribution for the next year.

AB1-ASA1-AA1,152,11 (3) Notices of ineligibility and departmental audits; exceptions. Except as otherwise provided in this subsection and notwithstanding s. 101.575 (1) (am) and (4) (a) 2., the department may not issue a notice of noncompliance with regard to a city, village, or town that fails to satisfy all eligibility requirements under s. 101.575 (1) and (3) to (5) and may not audit any city, village, town, or fire department for purposes of determining whether the city, village, town, or fire department complies with s. 101.575 (6) and s. 101.14 (2). This subsection does not apply after August 1, 2005.

AB1-ASA1-AA1, s. 269t Section 269t. 101.573 (4) of the statutes is amended to read:

AB1-ASA1-AA1,152,17 101.573 (4) The department shall transmit to the treasurer of each city, village, and town entitled to fire department dues, a statement of the amount of dues payable to it under this section, and the commissioner of insurance shall furnish to the state treasurer, upon request, a list of the insurers paying dues under s. 601.93 and the amount paid by each.".

AB1-ASA1-AA1,152,18 197. Page 157, line 22: after that line insert:

AB1-ASA1-AA1,152,19 " Section 274g. 106.12 (title) of the statutes is amended to read:

AB1-ASA1-AA1,152,21 106.12 (title) Governor's work-based learning board Employment and education programs.

AB1-ASA1-AA1, s. 274h Section 274h. 106.12 (1) of the statutes is repealed.

AB1-ASA1-AA1, s. 274i Section 274i. 106.12 (2) of the statutes is amended to read:

AB1-ASA1-AA1,153,10 106.12 (2) Employment and education program administration. The board department shall plan, coordinate, administer, and implement the youth apprenticeship, school-to-work, and work-based learning programs under s. 106.13 (1) and such other employment and education programs as the governor may by executive order assign to the board department. Notwithstanding any limitations placed on the use of state employment and education funds under this section or s. 106.13 or under an executive order assigning an employment and education program to the board department, the board department may issue a general or special order waiving any of those limitations on finding that the waiver will promote the coordination of employment and education services.

AB1-ASA1-AA1, s. 274j Section 274j. 106.12 (3) of the statutes is repealed.

AB1-ASA1-AA1, s. 274k Section 274k. 106.12 (4) of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

AB1-ASA1-AA1,153,21 106.12 (4) Publications and seminars. The board department may provide publications and seminars relating to the employment and education programs administered by the board department and may establish a schedule of fees for those publications and seminars. Fees established under this subsection for publications and seminars provided by the board department may not exceed the actual cost incurred in providing those publications and seminars. The fees collected under this subsection shall be credited to the appropriation account under s. 20.445 (7) (ga) (1) (gi).

AB1-ASA1-AA1, s. 274m Section 274m. 106.13 (1) (intro.) of the statutes is amended to read:

AB1-ASA1-AA1,153,23 106.13 (1) (intro.) The board department shall provide all of the following:

AB1-ASA1-AA1, s. 274n Section 274n. 106.13 (2m) of the statutes is amended to read:

AB1-ASA1-AA1,154,5 106.13 (2m) The board department shall approve occupations and maintain a list of approved occupations for the youth apprenticeship program and shall approve statewide skill standards for the school-to-work program. From the appropriation under s. 20.445 (7) (1) (a), the board department shall develop curricula for youth apprenticeship programs for occupations approved under this subsection.

AB1-ASA1-AA1, s. 274p Section 274p. 106.13 (3m) (b) (intro.) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1-ASA1-AA1,154,18 106.13 (3m) (b) (intro.) From the appropriation under s. 20.445 (7) (1) (b), the board department shall award grants to applying local partnerships for the implementation and coordination of local youth apprenticeship programs. A local partnership shall include in its grant application the identity of each public agency, nonprofit organization, individual, and other person who is a participant in the local partnership, a plan to accomplish the implementation and coordination activities specified in subds. 1. to 6., and the identity of a fiscal agent who shall be responsible for receiving, managing, and accounting for the grant moneys received under this paragraph. Subject to par. (c), a local partnership that is awarded a grant under this paragraph may use the grant moneys awarded for any of the following implementation and coordination activities:

AB1-ASA1-AA1, s. 274q Section 274q. 106.13 (4) (b) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1-ASA1-AA1,155,7 106.13 (4) (b) From the appropriation under s. 20.445 (7) (1) (em), the board department may award a grant to a public agency or a nonprofit organization, or to an eligible employer that is responsible for the on-the-job training and supervision of a youth apprentice. A public agency or nonprofit organization that receives a grant under this subsection shall use the funds awarded under the grant to award training grants to eligible employers that provide on-the-job training and supervision for youth apprentices. Subject to par. (c), a training grant provided under this subsection may be awarded to an eligible employer for each youth apprentice who receives at least 180 hours of paid on-the-job training from the eligible employer during a school year, as defined in s. 115.001 (13). The amount of a training grant may not exceed $500 per youth apprentice per school year. A training grant may not be awarded for any specific youth apprentice for more than 2 school years.

AB1-ASA1-AA1, s. 274r Section 274r. 106.13 (4) (c) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1-ASA1-AA1,155,15 106.13 (4) (c) Notwithstanding par. (b), the board department may award a training grant under this subsection to an eligible employer that provides less than 180 hours of paid on-the-job training for a youth apprentice during a school year, as defined in s. 115.001 (13), if the board department determines that it would be beneficial for the youth apprentice to receive on-the-job training from more than one eligible employer.

AB1-ASA1-AA1, s. 274s Section 274s. 106.13 (4) (d) of the statutes is amended to read:

AB1-ASA1-AA1,155,22 106.13 (4) (d) The board department shall establish eligibility criteria for a grant under this subsection. That Those criteria shall specify that eligibility for a grant shall be limited to small employers, as determined by the board department, and to employers providing on-the-job training in employment areas determined by the board department. Notwithstanding sub. (5), those criteria need not be promulgated as rules.

AB1-ASA1-AA1, s. 274t Section 274t. 106.13 (4m) (a) of the statutes is amended to read:

AB1-ASA1-AA1,156,7 106.13 (4m) (a) The board department may approve an innovative school-to-work program provided by a nonprofit organization for children at risk, as defined in s. 118.153 (1) (a), in a county having a population of 500,000 or more to assist those children at risk in acquiring employability skills and occupational-specific competencies before leaving high school. If the board department approves a program under this paragraph, the board department may award a grant, from the appropriation under s. 20.445 (7) (1) (ef), to the nonprofit organization providing the program and the nonprofit organization shall use the funds received under the grant to provide the program.

AB1-ASA1-AA1, s. 274u Section 274u. 106.13 (4m) (b) of the statutes is amended to read:

AB1-ASA1-AA1,156,11 106.13 (4m) (b) The board department shall establish requirements for the operation of the grant program under this subsection. Notwithstanding sub. (5), those requirements need not be promulgated as rules.

AB1-ASA1-AA1, s. 274v Section 274v. 106.13 (5) of the statutes is amended to read:

AB1-ASA1-AA1,156,14 106.13 (5) The board department shall promulgate rules to administer this section.".

AB1-ASA1-AA1,156,15 198. Page 158, line 12: delete lines 12 to 22.

AB1-ASA1-AA1,156,16 199. Page 159, line 3: after that line insert:

AB1-ASA1-AA1,156,17 " Section 277p. 111.91 (2) (im) of the statutes is created to read:

AB1-ASA1-AA1,156,19 111.91 (2) (im) The employer contribution rate and the number of hours of work per year covered under s. 40.05 (4) (ag) 1.".

AB1-ASA1-AA1,156,20 200. Page 159, line 3: after that line insert:

AB1-ASA1-AA1,156,21 " Section 277pt. 111.91 (2) (ig) of the statutes is created to read:

AB1-ASA1-AA1,156,22 111.91 (2) (ig) Employee contributions required under s. 40.05 (4) (a) 1.".

AB1-ASA1-AA1,156,23 201. Page 159, line 3: after that line insert:

AB1-ASA1-AA1,157,2 " Section 277d. 110.20 (6) (a) 1. of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1-ASA1-AA1,157,7 110.20 (6) (a) 1. For a nonexempt vehicle required to be registered on an annual or other periodic basis in this state, within the period of time specified by the department under sub. (9) (d) prior to renewal of registration in the 2nd 4th year after the nonexempt vehicle's model year and every 2 years thereafter, except as provided in par. (c) and sub. (9) (j).

AB1-ASA1-AA1, s. 277e Section 277e. 110.20 (6) (a) 3. of the statutes is amended to read:

AB1-ASA1-AA1,157,12 110.20 (6) (a) 3. For a nonexempt vehicle that is registered under s. 341.26 (2m), owned by the United States or subject to one-time registration, at any time during the 2nd 4th year following the nonexempt vehicle's model year and every 2 years thereafter, except as provided in par. (c).

AB1-ASA1-AA1, s. 277f Section 277f. 110.20 (6) (c) of the statutes is created to read:

AB1-ASA1-AA1,157,19 110.20 (6) (c) If the secretary determines that such frequency of inspection is required during any period of time to avoid the loss or reduction of any federal aid, the program shall require an emissions inspection of any nonexempt vehicle under par. (a) 1. prior to renewal of registration in the 2nd year after the nonexempt vehicle's model year or of any nonexempt vehicle under par. (a) 3. at any time during the 2nd year following the nonexempt vehicle's model year.".

AB1-ASA1-AA1,157,20 202. Page 159, line 17: after that line insert:

AB1-ASA1-AA1,157,21 " Section 280p. 117.20 of the statutes is amended to read:

AB1-ASA1-AA1,158,4 117.20 Referendum procedures. (1) If a referendum is required under ss. 117.08 to 117.11, it shall be held on the Tuesday after the first Monday in November occurring not sooner than 45 days following receipt of the petition or adoption of the resolution under s. 117.08 (3) (a), 117.09 (3) (a), 117.10 (3) (a) or 117.11 (4) (a). If a referendum is required under s. 117.105, it shall be held on the Tuesday after the first Monday in the 2nd November occurring not sooner than 45 days following receipt of the petition or adoption of the resolution under s. 117.105 (1).