Amendment ASA1-SB55

SB55-ASA1,894,15 101.143 (4) (a) 2. b. The department shall issue an award if the owner or operator or the person has incurred at least $50,000 in unreimbursed eligible costs and has not submitted a claim during the preceding 12 months.

SB55-ASA1, s. 1302 Section 1302. 101.143 (4) (a) 6. of the statutes is amended to read:

SB55-ASA1,894,19 101.143 (4) (a) 6. In any fiscal year, the department may not award more than 5% of the amount appropriated under s. 20.143 (3) (v) as awards for petroleum product storage systems described in par. (ei) 1.

SB55-ASA1, s. 1303 Section 1303. 101.143 (4) (b) (intro.) of the statutes is amended to read:

SB55-ASA1,894,24 101.143 (4) (b) Eligible costs. (intro.) Except as provided in par. (c) or (cc), eligible costs for an award under par. (a) include actual costs or, if the department establishes a usual and customary cost under par. (cm) for an item, usual and customary costs for the following items:

SB55-ASA1, s. 2470p Section 2470p. 101.143 (4) (c) 8. (intro.) and a. of the statutes are consolidated, renumbered 101.143 (4) (c) 8. and amended to read:

SB55-ASA1,895,6 101.143 (4) (c) 8. Interest costs incurred by an applicant that exceed interest at the following rate: a. If the applicant has gross revenues of not more than $25,000,000 in the most recent tax year before the applicant submits a claim, 1% under the prime rate.

SB55-ASA1, s. 2470r Section 2470r. 101.143 (4) (c) 8. d. of the statutes is repealed.

SB55-ASA1, s. 1304 Section 1304. 101.143 (4) (cc) of the statutes is created to read:

SB55-ASA1,895,13 101.143 (4) (cc) Ineligibility for interest reimbursement. 1. a. Except as provided in subd. 1m. or 2., if an applicant's final claim is submitted more than 120 days after receiving written notification that no further remedial action is necessary with respect to the discharge, interest costs incurred by the applicant after the 60th day after receiving that notification are not eligible costs.

SB55-ASA1,895,19 c. Except as provided in subd. 2., if an applicant does not complete the investigation of the petroleum product discharge by the first day of the 61st month after the month in which the applicant notified the department under sub. (3) (a) 3. or the first day of the 25th month beginning after the effective date of subd. 1. a., whichever is later, interest costs incurred by the applicant after the later of those days are not eligible costs.

SB55-ASA1,895,25 1m. If an applicant received written notification that no further remedial action is necessary with respect to a discharge before the effective date of this subdivision .... [revisor inserts date], and the applicant's final claim is submitted more than 120 days after the effective date of this subdivision .... [revisor inserts date], interest costs incurred by the applicant after the 120th day after the effective date of this subdivision .... [revisor inserts date], are not eligible costs.

SB55-ASA1,896,1 2. Subdivision 1. does not apply to any of the following:

SB55-ASA1,896,4 a. An applicant that is a local unit of government, if federal or state financial assistance other than under this section, has been provided for that expansion or redevelopment.

SB55-ASA1,896,8 b. An applicant that is engaged in the expansion or redevelopment of brownfields, as defined in s. 560.13 (1) (a), if federal or state financial assistance other than under this section, has been provided for that expansion or redevelopment.

SB55-ASA1, s. 1305 Section 1305. 101.143 (4) (d) 2. c. of the statutes is amended to read:

SB55-ASA1,896,11 101.143 (4) (d) 2. c. For an owner or operator of a petroleum product storage system described in par. (ei) 1., $100,000.

SB55-ASA1, s. 1306 Section 1306. 101.143 (4) (dm) 2. c. of the statutes is amended to read:

SB55-ASA1,896,14 101.143 (4) (dm) 2. c. For the owner or operator of a petroleum product storage system that is described in par. (ei) 1., $2,500 plus 5% of eligible costs per occurrence.

SB55-ASA1, s. 1307 Section 1307. 101.143 (4) (dm) 3. c. of the statutes is amended to read:

SB55-ASA1,896,17 101.143 (4) (dm) 3. c. For an owner or operator of a petroleum product storage system described in par. (ei) 1., $100,000.

SB55-ASA1, s. 1308 Section 1308. 101.143 (4) (e) 2. of the statutes is amended to read:

SB55-ASA1,897,2 101.143 (4) (e) 2. The department shall issue the award under this paragraph without regard to fault in an amount equal to the amount of the eligible costs that exceeds a deductible amount of $10,000, except that the deductible amount for a petroleum product storage system that is owned by a school district or a technical college district and that is used for storing heating oil for consumptive use on the premises where stored is 25% of eligible costs and except that the deductible for a petroleum product storage system that is described in par. (ei) 1. is $2,500 plus 5% of the eligible costs, but not more than $7,500 per occurrence without regard to when the eligible costs are incurred.

SB55-ASA1, s. 1309 Section 1309. 101.143 (4) (e) 2m. of the statutes is amended to read:

SB55-ASA1,897,7 101.143 (4) (e) 2m. An award issued under this paragraph may not exceed $190,000 for each occurrence, except that an award under this paragraph to the owner or operator of a petroleum product storage system described in par. (ei) 1. may not exceed $100,000 per occurrence.

SB55-ASA1, s. 1310 Section 1310. 101.143 (4) (ei) 1. (intro.) of the statutes is renumbered 101.143 (4) (ei) (intro.).

SB55-ASA1, s. 1311 Section 1311. 101.143 (4) (ei) 1. a. of the statutes is renumbered 101.143 (4) (ei) 1m. a. and amended to read:

SB55-ASA1,897,22 101.143 (4) (ei) 1m. a. The owner or operator of the farm tank owns a parcel of 35 or more acres of contiguous land, on which the farm tank is located, which is devoted primarily to agricultural use, as defined in s. 91.01 (1), including land designated by the department of natural resources as part of the ice age trail under s. 23.17, which during the year preceding submission of a first claim under sub. (3) produced gross farm profits, as defined in s. 71.58 (4), of not less than $6,000 or which, during the 3 years preceding that submission produced gross farm profits, as defined in s. 71.58 (4), of not less than $18,000, or a parcel of 35 or more acres, on which the farm tank is located, of which at least 35 acres, during part or all of the year preceding that submission, were enrolled in the conservation reserve program under 16 USC 3831 to 3836.

SB55-ASA1, s. 1312 Section 1312. 101.143 (4) (ei) 1. b. of the statutes is renumbered 101.143 (4) (ei) 2m.

SB55-ASA1, s. 1313 Section 1313. 101.143 (4) (ei) 1m. (intro.) of the statutes is created to read:

SB55-ASA1,898,1 101.143 (4) (ei) 1m. (intro.) One of the following conditions is satisfied:

SB55-ASA1, s. 2481b Section 2481b. 101.143 (4) (ei) 1m. b. of the statutes is created to read:

SB55-ASA1,898,14 101.143 (4) (ei) 1m. b. The claim is submitted by a person who, at the time that the notification was made under sub. (3) (a) 3., was the owner of the farm tank and owned a parcel of 35 or more acres of contiguous land, on which the farm tank is or was located, which was devoted primarily to agricultural use, as defined in s. 91.01 (1), including land designated by the department of natural resources as part of the ice age trail under s. 23.17, which during the year preceding that notification produced gross farm profits, as defined in s. 71.58 (4), of not less than $6,000 or which, during the 3 years preceding that notification, produced gross farm profits, as defined in s. 71.58 (4), of not less than $18,000, or a parcel of 35 or more acres, on which the farm tank is located, of which at least 35 acres, during part or all of the year preceding that notification, were enrolled in the conservation reserve program under 16 USC 3831 to 3836.

SB55-ASA1, s. 1314 Section 1314. 101.143 (4) (ei) 2. of the statutes is renumbered 101.143 (4) (a) 5m. and amended to read:

SB55-ASA1,898,20 101.143 (4) (a) 5m. The department shall review claims related to discharges from farm tanks described in subd. 1. par. (ei) as soon as the claims are received. The department shall issue an award for an eligible discharge from a farm tank described in subd. 1. par. (ei) as soon as it completes the review of the claim.

SB55-ASA1, s. 2483k Section 2483k. 101.143 (6s) of the statutes is amended to read:

SB55-ASA1,899,11 101.143 (6s) Arbitration. Upon the request of a person who files an appeal of a decision of the department under this section, if the amount at issue is $20,000 $100,000 or less, the appeal shall be heard by one or more individuals designated by the department to serve as arbitrator under rules promulgated for this purpose by the department. In such an arbitration, the arbitrator shall render a decision at the conclusion of the hearing, or within 5 business days after the conclusion of the hearing if the arbitrator determines that additional time is needed to review materials submitted during the hearing, affirming, modifying or rejecting the decision of the department. The arbitrator shall promptly file his or her decision with the department. The decision of the arbitrator is final and shall stand as the decision of the department. An arbitrator's decision may not be cited as precedent in any other proceeding before the department or before any court. A decision under this subsection is subject to review under ss. 227.53 to 227.57 only on the ground that the decision was procured by corruption, fraud or undue means. The record of a proceeding under this subsection shall be transcribed as provided in s. 227.44 (8).

SB55-ASA1, s. 1315 Section 1315. 101.143 (9m) (g) 2. of the statutes is amended to read:

SB55-ASA1,899,20 101.143 (9m) (g) 2. Revenue obligations issued under this subsection may not exceed $270,000,000 $342,000,000 in principal amount, excluding any obligations that have been defeased under a cash optimization program administered by the building commission. In addition to this limit on principal amount, the building commission may contract revenue obligations under this subsection as the building commission determines is desirable to fund or refund outstanding revenue obligations, to pay issuance or administrative expenses, to make deposits to reserve funds, or to pay accrued or capitalized interest.

SB55-ASA1, s. 1316 Section 1316. 101.19 (1) (b) of the statutes is amended to read:

SB55-ASA1,899,25 101.19 (1) (b) The required inspection of boilers, pressure vessels, refrigeration plants, petroleum and liquefied petroleum gas vessels, anhydrous ammonia tanks and containers, elevators, ski towing and lift devices, escalators, dumbwaiters, and amusement or thrill rides but not of amusement attractions.

SB55-ASA1, s. 2490r Section 2490r. 101.563 of the statutes is created to read:

SB55-ASA1,900,9 101.563 Administration of fire dues program pending rule changes. (1) Entitlement to dues. Notwithstanding ss. 101.573 (3) (a) and 101.575 (1) and (3) to (5) and except as provided in sub. (3), the department may not withhold payment 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 fire department dues.

SB55-ASA1,900,19 (2) Distribution of dues. Notwithstanding s. 101.573 (3) (a) and except as provided in sub. (3), 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 fire department dues as provided under sub. (1) and s. 101.575. Annually, on or before August 1, the state treasurer shall pay the amounts certified by the department to each city, village, and town that is entitled to fire department dues as provided under sub. (1) and s. 101.575.

SB55-ASA1,900,23 (3) Sunset provision. (a) This section does not apply on or after the date on which changes to the rules of the department of commerce relating to eligibility to receive payments of fire department dues first take effect, if all of the following are satisfied:

SB55-ASA1,900,25 1. The changes are promulgated in consultation with the representatives of the Wisconsin fire service and volunteer fire departments in this state.

SB55-ASA1,901,4 2. The changes are based on recommendations of the joint legislative audit committee that are derived from a legislative audit bureau performance evaluation audit of the department that relates to the payment of fire department dues and that is conducted at the direction of the joint legislative audit committee.

SB55-ASA1,901,6 3. The changes are approved by the joint legislative audit committee before the date on which the changes take effect.

SB55-ASA1,901,10 (b) When filing rules that are promulgated and approved in satisfaction of par. (a) 1. to 3. with the revisor of statutes under s. 227.20, the department shall include a separate statement indicating that the rules were promulgated and approved in satisfaction of par. (a) 1. to 3.

SB55-ASA1, s. 2495m Section 2495m. 101.573 (4) of the statutes is amended to read:

SB55-ASA1,901,16 101.573 (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.

SB55-ASA1, s. 2497m Section 2497m. 101.575 (1) (am) of the statutes is amended to read:

SB55-ASA1,902,9 101.575 (1) (am) If the department determines that a city, village, or town fire department has failed to satisfy the requirements of this subsection or subs. (3) to (6), the department shall notify the chief of the fire department, the governing body, and the highest elected official of the city, village, or town, in writing, that the fire department has 30 days to demonstrate to the department that the failure has been corrected. If the fire department makes this demonstration within the 30-day period, the department shall pay dues for that calendar year to the city, village, or town. If the fire department fails to make this demonstration within the 30-day period, the department shall nonetheless pay dues for that calendar year to that city, village, or town. The department and shall issue a notice of noncompliance to the chief of the fire department, the governing body, and the highest elected official of the city, village, or town. If the fire department cannot demonstrate to the department that the fire department has met all requirements within one year after receipt of the notice of noncompliance or prior to the next audit by the department, whichever is later, the city, village, or town shall not be entitled to dues under par. (a) for that year in which the city, village, or town becomes not entitled to dues and for all subsequent calendar years until the requirements are met.

SB55-ASA1, s. 1317 Section 1317. Subchapter V (title) of chapter 101 [precedes 101.91] of the statutes is amended to read:

SB55-ASA1,902,12 CHAPTER 101

SB55-ASA1,902,15 SUBCHAPTER V Manufactured homes and mobile homes; regulation of manufacturers

SB55-ASA1, s. 1318 Section 1318. 101.91 (2b) of the statutes is renumbered 101.91 (3).

SB55-ASA1, s. 1319 Section 1319. 101.91 (2d) of the statutes is renumbered 101.91 (4).

SB55-ASA1, s. 1320 Section 1320. 101.91 (2f) of the statutes is renumbered 101.91 (5m).

SB55-ASA1, s. 1321 Section 1321. 101.91 (2h) of the statutes is renumbered 101.91 (9).

SB55-ASA1, s. 1322 Section 1322. 101.91 (2k) of the statutes is renumbered 101.91 (10).

SB55-ASA1, s. 1323 Section 1323. 101.91 (5) of the statutes is renumbered 101.91 (11).

SB55-ASA1, s. 1324 Section 1324. 101.91 (6) of the statutes is renumbered 101.91 (12).

SB55-ASA1, s. 2539k Section 2539k. 101.9208 (1) (b) of the statutes is amended to read:

SB55-ASA1,903,5 101.9208 (1) (b) Upon filing an application under par. (a) or (d) before the first day of the 2nd month beginning after September 1, 2000, an environmental impact fee of $5, by the person filing the application. Upon filing an application under par. (a) or (d) on or after September 1, 2000, an environmental impact fee of $6 $9, by the person filing the application. All moneys collected under this subsection shall be credited to the environmental fund for environmental management. This paragraph does not apply after December 31, 2003.

SB55-ASA1, s. 1325 Section 1325. 101.93 (title) of the statutes is repealed and recreated to read:

SB55-ASA1,903,7 101.93 (title) Plumbing in manufactured homes.

SB55-ASA1, s. 2540m Section 2540m. 101.935 (2) (c) 2. of the statutes is amended to read:

SB55-ASA1,903,14 101.935 (2) (c) 2. The department shall establish by rule the permit fee and renewal fee for a permit issued under this subsection. Beginning in fiscal year 2002-03, the department may increase the fees to recover the cost of administering s. 101.937. An additional penalty fee, as established by the department by rule, is required for each permit if the biennial renewal fee is not paid before the permit expires.

SB55-ASA1, s. 1326 Section 1326. 101.937 (title) of the statutes is created to read:

SB55-ASA1,903,16 101.937 (title) Water and sewer service to manufactured home parks.

SB55-ASA1, s. 1327 Section 1327. 102.07 (9) of the statutes is amended to read:

SB55-ASA1,903,21 102.07 (9) Members of the national guard, the naval militia, and state defense force, when on state active duty under direction of appropriate authority, but only in case federal laws, rules or regulations provide no benefits substantially equivalent to those provided in this chapter.

SB55-ASA1, s. 2544m Section 2544m. 102.29 (8r) of the statutes is amended to read:

SB55-ASA1,904,3 102.29 (8r) No participant in a food stamp employment and training program under s. 49.124 (1m) 49.13 who, under s. 49.124 (1m) 49.13 (2) (d), is provided worker's compensation coverage by the department or by a Wisconsin works agency, as defined in s. 49.001 (9), and who makes a claim for compensation under this chapter may make a claim or maintain an action in tort against the employer who provided the employment and training from which the claim arose.

SB55-ASA1, s. 1328 Section 1328. 102.475 (1) of the statutes is amended to read:

SB55-ASA1,904,17 102.475 (1) Special benefit. If the deceased employee is a law enforcement officer, correctional officer, fire fighter, rescue squad member, diving team member, national guard member, naval militia member, or state defense force member on state active duty as described in s. 102.07 (9) or if a deceased person is an employee or volunteer performing emergency management activities under ch. 166 during a state of emergency or a circumstance described in s. 166.04, who sustained an accidental injury while performing services growing out of and incidental to that employment or volunteer activity so that benefits are payable under s. 102.46 or 102.47 (1), the department shall voucher and pay from the appropriation under s. 20.445 (1) (aa) a sum equal to 75% of the primary death benefit as of the date of death, but not less than $50,000 to the persons wholly dependent upon the deceased. For purposes of this subsection, dependency shall be determined under ss. 102.49 and 102.51.

SB55-ASA1, s. 1329 Section 1329. 103.49 (1) (f) of the statutes is amended to read:

SB55-ASA1,904,24 103.49 (1) (f) "State agency" means any office, department, independent agency, institution of higher education, association, society or other body in state government created or authorized to be created by the constitution or any law, including the legislature and the courts. "State agency" also includes the University of Wisconsin Hospitals and Clinics Authority and the Fox River Navigational System Authority.

SB55-ASA1, s. 1330 Section 1330. 103.49 (2) of the statutes is amended to read:

SB55-ASA1,905,24 103.49 (2) Prevailing wage rates and hours of labor. Any contract hereafter made for the erection, construction, remodeling, repairing, or demolition of any project of public works, except contracts for the construction or maintenance of public highways, streets, and bridges, to which the state , or any state agency or the University of Wisconsin Hospitals and Clinics Authority is a party shall contain a stipulation that no person performing the work described in sub. (2m) may be permitted to work a greater number of hours per day or per week than the prevailing hours of labor, except that any such person may be permitted or required to work more than such prevailing hours of labor per day and per week if he or she is paid for all hours worked in excess of the prevailing hours of labor at a rate of at least 1.5 times his or her hourly basic rate of pay; nor may he or she be paid less than the prevailing wage rate determined under sub. (3) in the same or most similar trade or occupation in the area wherein such project of public works is situated. A reference to the prevailing wage rates determined under sub. (3) and the prevailing hours of labor shall be published in the notice issued for the purpose of securing bids for the project. If any contract or subcontract for a project that is subject to this section is entered into, the prevailing wage rates determined under sub. (3) and the prevailing hours of labor shall be physically incorporated into and made a part of the contract or subcontract, except that for a minor subcontract, as determined by the department, the department shall prescribe by rule the method of notifying the minor subcontractor of the prevailing wage rates and prevailing hours of labor applicable to the minor subcontract. The prevailing wage rates and prevailing hours of labor applicable to a contract or subcontract may not be changed during the time that the contract or subcontract is in force.

SB55-ASA1, s. 2558j Section 2558j. 103.49 (3) (ar) of the statutes is amended to read:

SB55-ASA1,906,10 103.49 (3) (ar) In determining prevailing wage rates under par. (a) or (am), the department may not use data from projects that are subject to this section, s. 66.0903, 103.50, or 229.8275, or 40 USC 276a unless the department determines that there is insufficient wage data in the area to determine those prevailing wage rates, in which case the department may use data from projects that are subject to this section, s. 66.0903, 103.50, or 229.8275, or 40 USC 276a. The department may also use data from a project that is subject to this section, s. 66.0903, 103.50, or 229.8275, or 40 USC 276a in determining prevailing wage rates under par. (a) or (am) if the department determines that the wage rate paid on that project is higher than the prevailing wage rate determined for that project.

SB55-ASA1, s. 2558m Section 2558m. 103.49 (5) (a) of the statutes is amended to read:

SB55-ASA1,907,2 103.49 (5) (a) Each contractor, subcontractor, or contractor's or subcontractor's agent performing work on a project that is subject to this section shall keep full and accurate records clearly indicating the name and trade or occupation of every person performing the work described in sub. (2m) and an accurate record of the number of hours worked by each of those persons and the actual wages paid for the hours worked. If requested by any person, a contractor, subcontractor, or contractor's or subcontractor's agent performing work on a project that is subject to this section shall permit that person to inspect and copy any of those records to the same extent as if the record were maintained by the department, except that s. 19.36 (3) does not limit the duty of a subcontractor or a contractor's or subcontractor's agent to permit inspection and copying of a record under this paragraph. Before permitting the inspection and copying of a record under this paragraph, a contractor, subcontractor, or contractor's or subcontractor's agent shall delete from the record any personally identifiable information, as defined in s. 19.62 (5), contained in the record about any person performing the work described in sub. (2m).

SB55-ASA1, s. 1331 Section 1331. 103.49 (7) (a) of the statutes is amended to read:

SB55-ASA1,907,17 103.49 (7) (a) Except as provided under pars. (b) and (c), the department shall distribute to all state agencies and to the University of Wisconsin Hospitals and Clinics Authority a list of all persons whom the department has found to have failed to pay the prevailing wage rate determined under sub. (3) or has found to have paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor at any time in the preceding 3 years. The department shall include with any name the address of the person and shall specify when the person failed to pay the prevailing wage rate and when the person paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor. A state agency or the University of Wisconsin Hospitals and Clinics Authority may not award any contract to the person unless otherwise recommended by the department or unless 3 years have elapsed from the date the department issued its findings or date of final determination by a court of competent jurisdiction, whichever is later.

SB55-ASA1, s. 2559d Section 2559d. 103.50 (6m) of the statutes is created to read:

SB55-ASA1,908,9 103.50 (6m) Records; inspection. Each contractor, subcontractor, or contractor's or subcontractor's agent performing work on a project that is subject to this section shall keep full and accurate records clearly indicating the name and trade or occupation of every person performing the work described in sub. (2m) and an accurate record of the number of hours worked by each of those persons and the actual wages paid for the hours worked. If requested by any person, a contractor, subcontractor, or contractor's or subcontractor's agent performing work on a project that is subject to this section shall permit that person to inspect and copy any of those records to the same extent as if the record were maintained by the department, except that s. 19.36 (3) does not limit the duty of a subcontractor or a contractor's or subcontractor's agent to permit inspection and copying of a record under this subsection. Before permitting the inspection and copying of a record under this subsection, a contractor, subcontractor, or contractor's or subcontractor's agent shall delete from the record any personally identifiable information, as defined in s. 19.62 (5), contained in the record about any person performing the work described in sub. (2m).