Amendment AA1-ASA1-SB55

SB55-ASA1-AA1,756,15 101.143 (3) (cw) 4. The department of commerce may review and modify an amount established under subd. 1. if the department determines that new circumstances, including newly discovered contamination at a site, warrant those actions. The department of commerce and the department of natural resources environmental management may review and modify an amount established under subd. 2. if the departments determine that new circumstances, including newly discovered contamination at a site, warrant those actions.

SB55-ASA1-AA1, s. 2468b Section 2468b. 101.143 (3) (d) of the statutes is amended to read:

SB55-ASA1-AA1,756,21 101.143 (3) (d) Final review of remedial action activities. The department of natural resources environmental management or, if the discharge is covered under s. 101.144 (2) (b), the department of commerce shall complete a final review of the remedial action activities within 60 days after the claimant notifies the appropriate department that the remedial action activities are completed.

SB55-ASA1-AA1, s. 2468d Section 2468d. 101.143 (3) (e) of the statutes is amended to read:

SB55-ASA1-AA1,756,25 101.143 (3) (e) Notifications. The department of natural resources environmental management shall notify the department when it gives a claimant written approval under par. (c) 4.

SB55-ASA1-AA1, s. 2468f Section 2468f. 101.143 (3) (f) 5. of the statutes is amended to read:

SB55-ASA1-AA1,757,3 101.143 (3) (f) 5. The written approval of the department of natural resources environmental management or the department of commerce under par. (c) 4.

SB55-ASA1-AA1, s. 2468h Section 2468h. 101.143 (3) (g) of the statutes is amended to read:

SB55-ASA1-AA1,757,14 101.143 (3) (g) Emergency situations. Notwithstanding pars. (a) 3. and (c) 1. and 2., an owner or operator or the person may submit a claim for an award under sub. (4) after notifying the department under par. (a) 3., without completing an investigation under par. (c) 1. and without preparing a remedial action plan under par. (c) 2. if an emergency existed which made the investigation under par. (c) 1. and the remedial action plan under par. (c) 2. inappropriate, and, before conducting remedial action, the owner or operator or person notified the department of commerce and the department of natural resources environmental management of the emergency and the department of commerce and the department of natural resources environmental management authorized emergency action.".

SB55-ASA1-AA1,757,15 1377. Page 896, line 22: after that line insert:

SB55-ASA1-AA1,757,17 " Section 2478b. 101.143 (4) (ei) 1. a. of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

SB55-ASA1-AA1,758,4 101.143 (4) (ei) 1. 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 fish, wildlife, parks, and forestry 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-AA1,758,5 1378. Page 897, line 4: after that line insert:

SB55-ASA1-AA1,758,7 " Section 2481b. 101.143 (4) (ei) 1m. b. of the statutes, as created by 2001 Wisconsin Act .... (this act), is amended to read:

SB55-ASA1-AA1,758,19 101.143 (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 fish, wildlife, parks, and forestry 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-AA1,758,20 1379. Page 897, line 20: after that line insert:

SB55-ASA1-AA1,758,22 " Section 2482d. 101.143 (4) (ei) 2m. of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

SB55-ASA1-AA1,759,3 101.143 (4) (ei) 2m. The owner or operator of the farm tank has received a letter or notice from the department of commerce or department of natural resources environmental management indicating that the owner or operator must conduct a site investigation or remedial action because of a discharge from the farm tank or an order to conduct such an investigation or remedial action.

SB55-ASA1-AA1, s. 2482h Section 2482h. 101.143 (4) (es) 1. of the statutes is amended to read:

SB55-ASA1-AA1,759,11 101.143 (4) (es) 1. The department shall issue an award for a claim filed after August 9, 1989, for eligible costs, under par. (b), incurred on or after August 1, 1987, by an owner or operator or a person owning a home oil tank system in investigating the existence of a discharge or investigating the presence of petroleum products in soil or groundwater if the investigation is undertaken at the written direction of the department of commerce or the department of natural resources environmental management and no discharge or contamination is found.".

SB55-ASA1-AA1,759,12 1380. Page 898, line 11: after that line insert:

SB55-ASA1-AA1,759,13 " Section 2484b. 101.143 (8) (b) of the statutes is amended to read:

SB55-ASA1-AA1,759,16 101.143 (8) (b) Review and advise the secretary and the secretary of natural resources environmental management on the implementation of the petroleum product remedial action program established under this section.".

SB55-ASA1-AA1,759,17 1381. Page 898, line 20: after that line insert:

SB55-ASA1-AA1,759,18 " Section 2485v. 101.143 (11) (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,759,24 101.143 (11) Reports. (intro.) No later than each January 1 and July 1, the department of commerce and the department of natural resources environmental management shall submit to the governor, to the joint legislative audit committee, to the joint committee on finance and to the appropriate standing committees of the legislature, under s. 13.172 (3), a report on the program under this section. The departments shall include all of the following information in the report:

SB55-ASA1-AA1, s. 2487b Section 2487b. 101.144 (2) (a) of the statutes is amended to read:

SB55-ASA1-AA1,760,10 101.144 (2) (a) The department shall administer a program under which responsible persons investigate, and take remedial action in response to, those discharges of petroleum products from petroleum storage tanks that are covered under par. (b). The department may issue an order requiring a responsible person to take remedial action in response to a discharge of a petroleum product from a petroleum storage tank if the discharge is covered under par. (b). In administering this section, the department shall follow rules promulgated by the department of natural resources environmental management for the cleanup of discharges of hazardous substances.

SB55-ASA1-AA1, s. 2489b Section 2489b. 101.144 (3) (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,760,15 101.144 (3) (intro.) The department of natural resources environmental management may take action under s. 292.11 (7) (a) or may issue an order under s. 292.11 (7) (c) in response to a discharge that is covered under sub. (2) (b) only if one or more of the following apply:

SB55-ASA1-AA1, s. 2489d Section 2489d. 101.144 (3) (b) of the statutes is amended to read:

SB55-ASA1-AA1,760,18 101.144 (3) (b) The department of commerce requests the department of natural resources environmental management to take the action or issue the order.

SB55-ASA1-AA1, s. 2489f Section 2489f. 101.144 (3) (c) of the statutes is amended to read:

SB55-ASA1-AA1,760,21 101.144 (3) (c) The secretary of natural resources environmental management approves the action or order in advance after notice to the secretary of commerce.

SB55-ASA1-AA1, s. 2489h Section 2489h. 101.144 (3) (d) of the statutes is amended to read:

SB55-ASA1-AA1,761,2 101.144 (3) (d) The department of natural resources environmental management takes action under s. 292.11 (7) (a) after the responsible person fails to comply with an order that was issued under s. 292.11 (7) (c) in compliance with this subsection.

SB55-ASA1-AA1, s. 2489j Section 2489j. 101.144 (3) (e) of the statutes is amended to read:

SB55-ASA1-AA1,761,6 101.144 (3) (e) The department of natural resources environmental management takes the action under s. 292.11 (7) (a) because the identity of the responsible person is unknown.

SB55-ASA1-AA1, s. 2489L Section 2489L. 101.144 (3g) (a) of the statutes is amended to read:

SB55-ASA1-AA1,762,2 101.144 (3g) (a) If, on December 1, 1999, more than 35% of sites classified under this section, excluding sites that are contaminated by a hazardous substance other than a petroleum product or an additive to a petroleum product, are classified as high-risk sites, the department of commerce and the department of natural resources environmental management shall attempt to reach an agreement that specifies standards for determining whether the site of a discharge of a petroleum product from a petroleum storage tank is classified as high risk. The standards shall be designed to classify no more than 35% of those sites as high-risk sites and may not classify all sites at which an enforcement standard is exceeded as high-risk sites. If the department of commerce and the department of natural resources environmental management are unable to reach an agreement, they shall refer the matters on which they are unable to agree to the secretary of administration for resolution. The secretary of administration shall resolve any matters on which the departments disagree in a manner that is consistent with this paragraph. The department of commerce shall promulgate rules incorporating any agreement between the department of commerce and the department of natural resources environmental management under this paragraph and any resolution of disagreements between the departments by the secretary of administration under this paragraph.

SB55-ASA1-AA1, s. 2489n Section 2489n. 101.144 (3m) (a) (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,762,6 101.144 (3m) (a) (intro.) The department of commerce and the department of natural resources environmental management shall enter into a memorandum of understanding that does all of the following:

SB55-ASA1-AA1, s. 2489p Section 2489p. 101.144 (3m) (b) of the statutes is amended to read:

SB55-ASA1-AA1,762,12 101.144 (3m) (b) The department of commerce and the department of natural resources environmental management shall submit a memorandum of understanding under this subsection to the secretary of administration for review. A memorandum of understanding under this subsection does not take effect until it is approved by the secretary of administration.".

SB55-ASA1-AA1,762,13 1382. Page 901, line 9: after that line insert:

SB55-ASA1-AA1,762,14 " Section 2518j. 101.653 (6m) of the statutes is amended to read:

SB55-ASA1-AA1,762,21 101.653 (6m) Review. The department and the department of natural resources environmental management shall enter into a memorandum of agreement that establishes a process for reviewing the standards established under sub. (2), periodically updating those standards and reviewing the training program. The memorandum of understanding shall ensure that local officials and other persons interested in the standards established under sub. (2) and the training program may participate in the process.".

SB55-ASA1-AA1,762,22 1383. Page 901, line 9: after that line insert:

SB55-ASA1-AA1,762,23 " Section 2515t. 101.576 of the statutes is created to read:

SB55-ASA1-AA1,763,3 101.576 Fire suppression grant program. (1) Grants. The department of natural resources shall establish a program to award grants for up to 50% of the cost of acquiring fire suppression equipment and materials.

SB55-ASA1-AA1,763,5 (2) Eligible recipients. A fire department is eligible for grants under this section if all of the following apply:

SB55-ASA1-AA1,763,8 (a) The area in which the fire department provides fire protection and fire prevention services has a population of less than 6,000 on the date on which the application for the grant is submitted to the department of natural resources.

SB55-ASA1-AA1,763,10 (b) The fire department responds to all of the first alarms for structural fires that are issued in the area described in par. (a).

SB55-ASA1-AA1,763,13 (c) The fire department has entered into an agreement with at least one other fire department to assist the latter fire department in the suppression of structural fires.

SB55-ASA1-AA1,763,16 (3) Eligible equipment and materials. (a) A recipient of a grant under this section may use the grant to acquire any of the following fire suppression equipment or materials:

SB55-ASA1-AA1,763,17 1. Protective equipment and fire resistant clothing.

SB55-ASA1-AA1,763,18 2. Fire suppression tools and communication equipment.

SB55-ASA1-AA1,763,20 3. Materials necessary for fire prevention training or information that is provided by the recipient.

SB55-ASA1-AA1,763,21 4. Fire suppression training equipment and materials.

SB55-ASA1-AA1,763,23 5. Other equipment and materials as specified by rule by the department of natural resources.

SB55-ASA1-AA1,763,25 (b) A recipient of a grant under this section may not use the grant to acquire any of the following:

SB55-ASA1-AA1,764,1 1. Buildings or vehicles.

SB55-ASA1-AA1,764,2 2. Search and rescue or emergency medical equipment.

SB55-ASA1-AA1,764,4 3. Equipment or materials that are used exclusively for suppressing forest fires.

SB55-ASA1-AA1,764,7 (4) Rules. The department of natural resources shall promulgate rules establishing criteria and procedures for awarding grants under this section. For purposes of this section, the rules shall include a definition of "structural fire.".

SB55-ASA1-AA1,764,8 1384. Page 901, line 22: after that line insert:

SB55-ASA1-AA1,764,9 " Section 2539c. 101.9203 (1) of the statutes is amended to read:

SB55-ASA1-AA1,764,13 101.9203 (1) The Except as provided in subs. (3) and (4), the owner of a manufactured home situated in this state or intended to be situated in this state shall make application for certificate of title under s. 101.9209 for the manufactured home if the owner has newly acquired the manufactured home.

SB55-ASA1-AA1, s. 2539d Section 2539d. 101.9203 (4) of the statutes is created to read:

SB55-ASA1-AA1,764,19 101.9203 (4) The owner of a manufactured home that is situated in this state or intended to be situated in this state is not required to make application for a certificate of title under s. 101.9209 if the owner of the manufactured home intends, upon acquiring the manufactured home, to permanently affix the manufactured home to land that the owner of the manufactured home owns.".

SB55-ASA1-AA1,764,20 1385. Page 902, line 5: after that line insert:

SB55-ASA1-AA1,764,21 " Section 2539n. 101.9209 (1) (a) of the statutes is amended to read:

SB55-ASA1-AA1,765,4 101.9209 (1) (a) If an owner transfers an interest in a manufactured home, other than by the creation of a security interest, the owner shall, at the time of the delivery of the manufactured home, execute an assignment and warranty of title to the transferee in the space provided therefor on the certificate, and cause the certificate to be mailed or delivered to the transferee. This paragraph does not apply if the owner has no certificate of title as a result of the exemption under s. 101.9203 (4).

SB55-ASA1-AA1, s. 2539nc Section 2539nc. 101.9209 (2) of the statutes is amended to read:

SB55-ASA1-AA1,765,12 101.9209 (2) Promptly Except as otherwise provided in this subsection, promptly after delivery to him or her of the manufactured home, the transferee shall execute the application for a new certificate of title in the space provided therefor on the certificate or as the department prescribes, and cause the certificate and application to be mailed or delivered to the department. This subsection does not apply to a transferee who is exempt from making application for a certificate of title under s. 101.9203 (4).

SB55-ASA1-AA1, s. 2539nf Section 2539nf. 101.9209 (3) of the statutes is amended to read:

SB55-ASA1-AA1,765,18 101.9209 (3) A transfer by an owner is not effective until the applicable provisions of this section have been complied with. An owner who has delivered possession of the manufactured home 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 use of the mobile home.

SB55-ASA1-AA1, s. 2539nh Section 2539nh. 101.9209 (5) (a) and (b) of the statutes are amended to read:

SB55-ASA1-AA1,765,23 101.9209 (5) (a) Any transferee of a mobile manufactured home who fails to make application for a new certificate of title immediately upon transfer to him or her of a manufactured home as required under sub. (2) may be required to forfeit not more than $200.

SB55-ASA1-AA1,766,2 (b) Any transferee of a manufactured home who, with intent to defraud, fails to make application for a new certificate of title immediately upon transfer to him or her of a manufactured home as required under sub. (2) may be fined not more than $1,000 or imprisoned for not more than 30 days or both.

SB55-ASA1-AA1, s. 2539nj Section 2539nj. 101.921 (1) (a) of the statutes is amended to read:

SB55-ASA1-AA1,767,6 101.921 (1) (a) Except as provided in par. (b), if a manufactured home dealer acquires a manufactured home and holds it for resale or accepts a manufactured home for sale on consignment, the manufactured home dealer may not submit to the department the certificate of title or application for certificate of title naming the manufactured home dealer as owner of the manufactured home. Upon transferring the manufactured home to another person, the manufactured home dealer shall immediately give the transferee, on a form prescribed by the department, a receipt for all title, security interest and sales tax moneys paid to the manufactured home dealer for transmittal to the department when required. The Unless the manufactured home has no certificate of title as a result of the exemption under s. 101.9203 (4), the manufactured home 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 manufactured home dealer shall mail or deliver the certificate or application for certificate to the department with the transferee's application for a new certificate, unless the transferee is exempt from making application for a certificate of title under s. 101.9203 (4). A nonresident who purchases a manufactured home from a manufactured home dealer in this state may not, unless otherwise authorized by rule of the department, apply for a certificate of title issued for the manufactured home in this state unless the manufactured home dealer determines that a certificate of title is necessary to protect the interests of a secured party. The manufactured home dealer is responsible for determining whether a certificate of title and perfection of security interest is required. The manufactured home dealer is liable for any damages incurred by the department or any secured party for the manufactured home dealer's failure to perfect a security interest that the manufactured home dealer had knowledge of at the time of sale.

SB55-ASA1-AA1, s. 2539nL Section 2539nL. 101.9211 (1) of the statutes is amended to read:

SB55-ASA1-AA1,767,15 101.9211 (1) If the interest of an owner in a manufactured home passes to another other than by voluntary transfer, the transferee shall, except as provided in sub. (2), promptly mail or deliver to the department the last certificate of title, if available, and the any documents required by the department to legally effect such transfer, and. The transferee shall also promptly mail or deliver to the department an application for a new certificate in the form that the department prescribes, unless the transferee is exempt from making application for a certificate of title under s. 101.9203 (4).

SB55-ASA1-AA1, s. 2539nn Section 2539nn. 101.9211 (2) of the statutes is amended to read:

SB55-ASA1-AA1,768,2 101.9211 (2) If the interest of the owner is terminated or the manufactured home is sold under a security agreement by a secured party named in the certificate of title, the transferee shall promptly mail or deliver to the department the last certificate of title, unless there is no certificate of title as a result of the exemption under s. 101.9203 (4), an application for a new certificate in the form that the department prescribes, unless the transferee is exempt from making application for a certificate of title under s. 101.9203 (4), and a statement made by or on behalf of the secured party that the manufactured home was repossessed and that the interest of the owner was lawfully terminated or sold under the terms of the security agreement.

SB55-ASA1-AA1, s. 2539np Section 2539np. 101.9211 (4) (a) 2. of the statutes is amended to read:

SB55-ASA1-AA1,768,6 101.9211 (4) (a) 2. The title executed by such administrator, executor, guardian or trustee, except that this subdivision does not apply if there is no certificate of title as a result of the exemption under s. 101.9203 (4).

SB55-ASA1-AA1, s. 2539nr Section 2539nr. 101.9211 (4) (b) 1. (intro.) of the statutes is amended to read: