Amendment ASA1-SB40

SB40-ASA1,1205,2 93.135 (2) The department of agriculture, trade and consumer protection may not disclose any information received under sub. (1) to any person except to the department of workforce development children and families in accordance with a memorandum of understanding under s. 49.857.

SB40-ASA1, s. 2247 Section 2247. 93.135 (3) of the statutes is amended to read:

SB40-ASA1,1205,13 93.135 (3) The department shall deny an application for the issuance or renewal of a license, registration, registration certificate or certification specified in sub. (1) or shall suspend or restrict a license, registration, registration certificate or certification specified in sub. (1) for failure to make court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or a former spouse or failure to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development children and families or a county child support agency under s. 59.53 (5) and relating to paternity or child support proceedings, as required in a memorandum of understanding under s. 49.857.

SB40-ASA1, s. 2594g Section 2594g. 93.55 (2) of the statutes is amended to read:

SB40-ASA1,1205,23 93.55 (2) Collection grants. The department may award a grant to a county for a chemical and container collection program. A grant under this subsection shall may not fund all or a part more than 75 percent of the cost of a program. Costs eligible for funding include the cost of establishing a collection site for chemicals and chemical containers, the cost of transporting chemical containers to a dealer or distributor for refill and reuse or to a hazardous waste facility, as defined in s. 291.01 (8), and costs associated with the proper use and handling and disposal or recycling of chemicals and chemical containers. Grants shall be paid from the appropriation under s. 20.115 (7) (va).

SB40-ASA1, s. 2594i Section 2594i. 93.57 of the statutes is amended to read:

SB40-ASA1,1206,9 93.57 Household hazardous waste. The department shall administer a grant program to assist municipalities and regional planning commissions in creating and operating local programs for the collection and disposal of household hazardous waste. The department may also provide grants under this section for county, municipal, and regional planning commission programs to collect unwanted prescription drugs. The department may not make a grant under this section in an amount that exceeds 75 percent of the cost of a program. The department shall allocate two-thirds of the funds available from the appropriation account under s. 20.115 (7) (va) in each fiscal year for grants under this section.

SB40-ASA1, s. 2248 Section 2248. 93.75 of the statutes is repealed.

SB40-ASA1, s. 2595n Section 2595n. 94.64 (3r) (b) of the statutes is amended to read:

SB40-ASA1,1206,16 94.64 (3r) (b) Beginning with the license year that begins on August 15, 2000 2007, a person applying for a license under sub. (3) shall pay the following agricultural chemical cleanup surcharges, unless the department establishes lower different surcharges under s. 94.73 (15) after the effective date of this paragraph .... [revisor inserts date]:

SB40-ASA1,1206,19 1. For each business location and each mobile unit that the applicant uses to manufacture fertilizer in this state, other than a business location or mobile unit that is also licensed under s. 94.685 or 94.703, $20 $14.

SB40-ASA1,1206,21 2. If the applicant distributes, but does not manufacture, fertilizer in this state, $20 $14.

SB40-ASA1, s. 2595p Section 2595p. 94.64 (4) (a) 5. of the statutes is amended to read:

SB40-ASA1,1207,2 94.64 (4) (a) 5. An agricultural chemical cleanup surcharge of 63 44 cents per ton on all fertilizer that the person sells or distributes in this state after June 30, 2005 2007, unless the department establishes a lower different surcharge under s. 94.73 (15) after the effective date of this subdivision .... [revisor inserts date].

SB40-ASA1, s. 2595r Section 2595r. 94.681 (3) (a) of the statutes is amended to read:

SB40-ASA1,1207,5 94.681 (3) (a) If the applicant sells less than $25,000 of the product during the payment period for use in this state, $5 $3.50.

SB40-ASA1, s. 2595s Section 2595s. 94.681 (3) (b) of the statutes is amended to read:

SB40-ASA1,1207,8 94.681 (3) (b) If the applicant sells at least $25,000 but less than $75,000 of that product during the payment period for use in this state, $170 $120.

SB40-ASA1, s. 2595t Section 2595t. 94.681 (3) (c) of the statutes is amended to read:

SB40-ASA1,1207,12 94.681 (3) (c) If the applicant sells at least $75,000 of that product during the payment period for use in this state, an amount equal to 1.1% 0.75 percent of gross revenues from sales of the product during the payment period for use in this state.

SB40-ASA1, s. 2595w Section 2595w. 94.685 (3) (a) 2. of the statutes is amended to read:

SB40-ASA1,1207,18 94.685 (3) (a) 2. An agricultural chemical cleanup surcharge of $40 $28, unless the department establishes a lower different surcharge under s. 94.73 (15), except that the dealer or distributor need not pay the surcharge for the license years that begin on January 1, 1999, and on January 1, 2000 after the effective date of this subdivision .... [revisor inserts date].

SB40-ASA1, s. 2249 Section 2249. 94.695 of the statutes is repealed.

SB40-ASA1, s. 2596e Section 2596e. 94.703 (3) (a) 2. of the statutes is amended to read:

SB40-ASA1,1207,25 94.703 (3) (a) 2. An agricultural chemical cleanup surcharge of $55 $38, unless the department establishes a lower different surcharge under s. 94.73 (15), except that the person need not pay the surcharge for the license years that begin on January 1, 1999, and on January 1, 2000 after the effective date of this subdivision .... [revisor inserts date].

SB40-ASA1, s. 2596g Section 2596g. 94.704 (3) (a) 2. of the statutes is amended to read:

SB40-ASA1,1208,6 94.704 (3) (a) 2. An agricultural chemical cleanup surcharge of $20 $14, unless the department establishes a lower different surcharge under s. 94.73 (15), except that the person need not pay the surcharge for the license years that begin on January 1, 1999, and on January 1, 2000 after the effective date of this subdivision .... [revisor inserts date].

SB40-ASA1, s. 2250 Section 2250. 94.73 (2) (c) of the statutes is amended to read:

SB40-ASA1,1208,18 94.73 (2) (c) The department may issue an order under par. (a) on a summary basis without prior notice or a prior hearing if the department determines that a summary order is necessary to prevent imminent harm to public health or safety or to the environment. If the recipient of a summary order requests a hearing on that order, the department shall hold a hearing within 10 days after it receives the request unless the recipient agrees to a later hearing date. The department is not required to stay enforcement of a summary order issued under this paragraph pending the outcome of the hearing. If the responsible person prevails after a hearing, the department shall reimburse the responsible person from the appropriation under s. 20.115 (7) (e) or (wm) for the corrective action costs incurred as the result of the department's order.

SB40-ASA1, s. 2251 Section 2251. 94.73 (7) (a) of the statutes is amended to read:

SB40-ASA1,1209,3 94.73 (7) (a) The department may make payments to a responsible person who is eligible for reimbursement under sub. (3) if the department has authorized reimbursement to that person under sub. (6). The department shall make payment from the appropriation accounts account under s. 20.115 (7) (e) and (wm), subject to the availability of funds in those that appropriation accounts account. If there are insufficient funds to pay the full amounts authorized under sub. (6) to all eligible responsible persons, the department shall distribute payments in the order in which applications were received, unless the department specifies, by rule, a different order of payment.

SB40-ASA1, s. 2598e Section 2598e. 94.73 (15) (a) of the statutes is amended to read:

SB40-ASA1,1209,12 94.73 (15) (a) The Subject to par. (am), the department may, by rule, reduce modify 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 not more than $2,500,000, 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.

SB40-ASA1, s. 2598f Section 2598f. 94.73 (15) (am) of the statutes is created to read:

SB40-ASA1,1209,15 94.73 (15) (am) The department may not increase a surcharge above the following amount:

SB40-ASA1,1209,16 1. Under s. 94.64 (3r) (b) 1. and 2., $20.

SB40-ASA1,1209,17 2. Under s. 94.64 (4) (a) 5., 63 cents per ton.

SB40-ASA1,1209,18 3. Under s. 94.681 (3) (a), $5.

SB40-ASA1,1209,19 4. Under s. 94.681 (3) (b), $170.

SB40-ASA1,1209,20 5. Under s. 94.681 (3) (c), 1.1 percent of gross revenues.

SB40-ASA1,1209,21 6. Under s. 94.685 (3) (a) 2., $40.

SB40-ASA1,1209,22 7. Under s. 94.703 (3) (a) 2., $55.

SB40-ASA1,1209,23 8. Under s. 94.704 (3) (a) 2., $20.

SB40-ASA1, s. 2252 Section 2252. 94.74 of the statutes is created to read:

SB40-ASA1,1210,2 94.74 Prevention of pollution from agricultural chemicals. (1) In this section, "agricultural chemical" has the meaning given in s. 94.73 (1) (a).

SB40-ASA1,1210,8 (2) The department may provide financial assistance to a business to pay not more than 50 percent of the costs of capital improvements designed to prevent pollution from agricultural chemicals. Under this section, the department may not provide funding for capital improvements at any site in an amount that exceeds $500,000 less any amount received under s. 94.73 for the site. The department may not expend more than $250,000 per fiscal year under this section.

SB40-ASA1,1210,10 (3) The department shall promulgate rules for determining eligible businesses, eligible projects, and allowable costs for financial assistance under this section.

SB40-ASA1, s. 2607m Section 2607m. 100.51 (5) (b) 1. of the statutes is amended to read:

SB40-ASA1,1210,16 100.51 (5) (b) 1. The motor vehicle displays a special registration plates plate issued under s. 341.14 (1), (1a), (1m), (1q) or (1r) (a) or a special identification card issued under s. 343.51 or is a motor vehicle registered in another jurisdiction and displays a registration plate, card or emblem issued by the other jurisdiction that designates that the vehicle is used by a physically disabled person.

SB40-ASA1, s. 2253 Section 2253. 101.01 (4) of the statutes is amended to read:

SB40-ASA1,1210,22 101.01 (4) "Employer" means any person, firm, corporation, state, county, town, city, village, school district, sewer district, drainage district, family long-term care district and other public or quasi-public corporations as well as any agent, manager, representative or other person having control or custody of any employment, place of employment or of any employee.

SB40-ASA1, s. 2254 Section 2254. 101.02 (20) (e) 1. of the statutes is amended to read:

SB40-ASA1,1211,4 101.02 (20) (e) 1. If an applicant who is an individual does not have a social security number, the applicant, as a condition of applying for or applying to renew a license shall submit a statement made or subscribed under oath or affirmation to the department of commerce that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development children and families.

SB40-ASA1, s. 2255 Section 2255. 101.02 (21) (b) of the statutes is amended to read:

SB40-ASA1,1211,13 101.02 (21) (b) As provided in the memorandum of understanding under s. 49.857 and except as provided in par. (e), the department of commerce may not issue or renew a license unless the applicant provides the department of commerce with his or her social security number. The department of commerce may not disclose the social security number except that the department of commerce may disclose the social security number of an applicant for a license under par. (a) or a renewal of a license under par. (a) to the department of workforce development children and families for the sole purpose of administering s. 49.22.

SB40-ASA1, s. 2256 Section 2256. 101.02 (21) (c) of the statutes is amended to read:

SB40-ASA1,1211,22 101.02 (21) (c) As provided in the memorandum of understanding under s. 49.857, the department may not issue or renew a license if the applicant or licensee is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse or if the applicant or licensee fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development children and families or a county child support agency under s. 59.53 (5) and relating to paternity or child support proceedings.

SB40-ASA1, s. 2257 Section 2257. 101.02 (21) (d) of the statutes is amended to read:

SB40-ASA1,1212,6 101.02 (21) (d) As provided in the memorandum of understanding under s. 49.857, the department shall restrict or suspend a license issued by the department if the licensee is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse or if the licensee fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development children and families or a county child support agency under s. 59.53 (5) and relating to paternity or child support proceedings.

SB40-ASA1, s. 2258 Section 2258. 101.02 (21) (e) 1. of the statutes is amended to read:

SB40-ASA1,1212,13 101.02 (21) (e) 1. If an applicant who is an individual does not have a social security number, the applicant, as a condition of applying for or applying to renew a license shall submit a statement made or subscribed under oath or affirmation to the department of commerce that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development children and families.

SB40-ASA1, s. 2259 Section 2259. 101.09 (5) of the statutes is amended to read:

SB40-ASA1,1212,19 101.09 (5) Penalties. Any person who violates this section or any rule or order adopted under this section shall forfeit not less than $10 nor more than $1,000 $5,000 for each violation. Each violation of this section or any rule or order under this section constitutes a separate offense and each day of continued violation is a separate offense.

SB40-ASA1, s. 2616c Section 2616c. 101.143 (2) (m) of the statutes is created to read:

SB40-ASA1,1213,2 101.143 (2) (m) At the request of an owner or operator or person owning a home oil tank system or on its own initiative, the department of natural resources or, if the site is covered under s. 101.144 (2) (b), the department of commerce may determine whether no further remedial action is necessary with respect to a petroleum product discharge from a petroleum product storage system or home oil tank system and may notify the owner or operator or person of the results of its determination.

SB40-ASA1, s. 2616e Section 2616e. 101.143 (3) (a) (intro.) of the statutes is amended to read:

SB40-ASA1,1213,10 101.143 (3) (a) Who may submit a claim. (intro.) Subject to pars. (ab), (ac), (ae), (ah), (am) and (ap), an owner or operator or a person owning a home oil tank system may submit a claim to the department for an award under sub. (4) to reimburse the owner or operator or the person for the eligible costs under sub. (4) (b) that the owner or operator or the person incurs because of a petroleum products discharge from a petroleum product storage system or home oil tank system if all of the following apply:

SB40-ASA1, s. 2616g Section 2616g. 101.143 (3) (ab) of the statutes is created to read:

SB40-ASA1,1213,16 101.143 (3) (ab) Deadline for notifying department. An owner or operator or person owning a home oil tank system is not eligible for an award under this section for costs incurred because of a petroleum product discharge if the owner or operator or person does not notify the department of the discharge under par. (a) 3. before January 1, 2009.

SB40-ASA1, s. 2616i Section 2616i. 101.143 (3) (ac) of the statutes is created to read:

SB40-ASA1,1213,22 101.143 (3) (ac) Deadline for beginning investigation. An owner or operator or person owning a home oil tank system is not eligible for an award under this section for costs incurred because of a petroleum product discharge if the owner or operator or person does not begin a site investigation or remedial action related to the discharge before December 30, 2009.

SB40-ASA1, s. 2622e Section 2622e. 101.143 (4) (b) (intro.) of the statutes is amended to read:

SB40-ASA1,1214,2 101.143 (4) (b) Eligible costs. (intro.) Except as provided in par. (c) or, (cc), or (cd), 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:

SB40-ASA1, s. 2622j Section 2622j. 101.143 (4) (c) 13. of the statutes is created to read:

SB40-ASA1,1214,7 101.143 (4) (c) 13. Costs that are incurred because of a petroleum product discharge after the applicant received written notification from the department of natural resources or the department of commerce that no further remedial action is necessary with respect to the discharge.

SB40-ASA1, s. 2622L Section 2622L. 101.143 (4) (c) 14. of the statutes is created to read:

SB40-ASA1,1214,13 101.143 (4) (c) 14. Costs that are incurred because of a petroleum product discharge for which the claimant does not submit a claim under sub. (3) (a) within 365 days after receiving written notification from the department of natural resources or the department of commerce that no further remedial action is necessary with respect to the discharge.

SB40-ASA1, s. 2622p Section 2622p. 101.143 (4) (cd) of the statutes is created to read:

SB40-ASA1,1214,21 101.143 (4) (cd) Prohibition on reimbursement due to delay in submitting claim. 1. If at the end of the month in which the effective date of this subdivision .... [revisor inserts date], falls, an applicant has incurred at least $50,000 in eligible costs for which the applicant has not submitted a claim and the applicant does not submit a claim for those costs by the first day of the 13th month beginning after the effective date of this subdivision .... [revisor inserts date], the department may not reimburse the claimant for those costs.

SB40-ASA1,1215,2 2. If an applicant does not submit a claim for eligible costs by the first day of the 13th month beginning after the month in which the eligible costs first exceed $50,000 and the month in which the eligible costs first exceed $50,000 begins after the effective date of this subdivision .... [revisor inserts date], the department may not reimburse the claimant for those costs.

SB40-ASA1, s. 2260 Section 2260. 101.143 (9m) (e) of the statutes is amended to read:

SB40-ASA1,1215,9 101.143 (9m) (e) The department shall have all other powers necessary and convenient to distribute the special fund revenues and to distribute the proceeds of the revenue obligations in accordance with subch. II of ch. 18 and, if designated a higher education bond, in accordance with subch. IV of ch. 18, and to make payments under an agreement or ancillary arrangement entered into under s. 18.55 (6) with respect to revenue obligations issued under this subsection.

SB40-ASA1, s. 2261 Section 2261. 101.143 (9m) (g) 2. of the statutes is amended to read:

SB40-ASA1,1215,20 101.143 (9m) (g) 2. Revenue obligations issued under this subsection may not exceed $436,000,000 $386,924,000 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, and to make payments under an agreement or ancillary arrangement entered into under s. 18.55 (6) with respect to revenue obligations issued under this subsection.

SB40-ASA1, s. 2262 Section 2262. 101.143 (10) (a) of the statutes is amended to read:

SB40-ASA1,1215,25 101.143 (10) (a) Any owner or operator, person owning a home oil tank system or service provider who fails to maintain a record as required by rules promulgated under sub. (9) (a) may be required to forfeit not more than $2,000 $5,000. Each day of continued violation constitutes a separate offense.

SB40-ASA1, s. 2633g Section 2633g. 101.149 of the statutes is created to read:

SB40-ASA1,1216,6 101.149 Display of permits. If a person is required to display or post more than one building permit under this chapter, under ch. 145, under rules promulgated under this chapter or ch. 145, or under a local ordinance, the person shall display all of those building permits together at the same location at the building or building site.

SB40-ASA1, s. 2634b Section 2634b. 101.177 (1) (d) of the statutes is amended to read: