Amendment CSA1-SB40

SB40-CSA1, s. 2909L Section 2909L. 165.91 (4) of the statutes is created to read:

SB40-CSA1,1182,9 165.91 (4) From the appropriation under s. 20.455 (2) (kw) the department shall annually award the Lac Courte Oreilles band of Lake Superior Chippewa Indians $80,000 for tribal law enforcement services.

SB40-CSA1, s. 2913c Section 2913c. 167.10 (3) (c) (intro.) of the statutes is amended to read:

SB40-CSA1,1182,12 167.10 (3) (c) (intro.) A permit under this subsection may be issued only to the following persons:

SB40-CSA1, s. 2913d Section 2913d. 167.10 (3) (c) 6. of the statutes is repealed and recreated to read:

SB40-CSA1,1182,15 167.10 (3) (c) 6. Any individual or group of individuals.

SB40-CSA1, s. 2913e Section 2913e. 167.10 (4) of the statutes is amended to read:

SB40-CSA1,1182,23 167.10 (4) Out-of-state and in-state shipping. This section does not prohibit a resident wholesaler or jobber from selling fireworks to a person outside of this state nonresident person or to a person or group granted a permit under sub. (3) (c) 1. to 7. A resident wholesaler or jobber that ships the fireworks sold under this subsection shall package and ship the fireworks in accordance with applicable state and federal law by, as defined in s. 194.01 (1), (2) and (11), common motor carrier, contract motor carrier or private motor carrier.

SB40-CSA1, s. 2914 Section 2914. 169.34 (2) of the statutes is amended to read:

SB40-CSA1,1183,4 169.34 (2) Disclosure of social security numbers. The department of natural resources may not disclose any social security numbers received under sub. (1) to any person except to the department of workforce development children and families for the sole purpose of administering s. 49.22.

SB40-CSA1, s. 2915 Section 2915. 169.34 (3) (a) of the statutes is amended to read:

SB40-CSA1,1183,15 169.34 (3) (a) As provided in the memorandum of understanding required under s. 49.857 (2), the department of natural resources shall deny an application to issue or renew, to suspend if already issued, or to otherwise withhold or restrict a license issued under this chapter if the applicant for or the holder of the license 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 holder fails to comply 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-CSA1, s. 2916 Section 2916. 170.12 (3m) (a) 1m. of the statutes is amended to read:

SB40-CSA1,1183,22 170.12 (3m) (a) 1m. If the applicant is an individual and does not have a social security number, a statement made or subscribed under oath or affirmation 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. A permit issued in reliance upon a false statement submitted under this subdivision is invalid.

SB40-CSA1, s. 2917 Section 2917. 170.12 (3m) (b) 2. of the statutes is amended to read:

SB40-CSA1,1184,3 170.12 (3m) (b) 2. The board may disclose information under par. (a) 1. or 2. to the department of workforce development children and families in accordance with a memorandum of understanding under s. 49.857.

SB40-CSA1, s. 2918 Section 2918. 170.12 (8) (b) 1. c. of the statutes is amended to read:

SB40-CSA1,1184,15 170.12 (8) (b) 1. c. In the case of a permit holder who is an individual, the applicant fails to provide his or her social security number, fails to comply, after appropriate notice, with a subpoena or warrant that is issued by the department of workforce development children and families or a county child support agency under s. 59.53 (5) and that is related to paternity or child support proceedings or the applicant 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, as provided in a memorandum of understanding entered into under s. 49.857. An applicant whose renewal application is denied under this subd. 1. c. is entitled to a notice and hearing under s. 49.857 but is not entitled to any other hearing under this section.

SB40-CSA1, s. 2919 Section 2919. 170.12 (8) (b) 2. of the statutes is amended to read:

SB40-CSA1,1185,3 170.12 (8) (b) 2. The board shall restrict or suspend a permit issued under this section if the board finds that, in the case of a permit holder who is an individual, the permit holder fails to comply, after appropriate notice, with a subpoena or warrant that is issued by the department of workforce development children and families or a county child support agency under s. 59.53 (5) and that is related to paternity or child support proceedings or the permit holder 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, as provided in a memorandum of understanding entered into under s. 49.857. A permit holder whose permit is restricted or suspended under this subdivision is entitled to a notice and hearing under s. 49.857 but is not entitled to any other hearing under this section.

SB40-CSA1, s. 2921 Section 2921. 175.40 (6m) (c) 4. of the statutes is created to read:

SB40-CSA1,1185,9 175.40 (6m) (c) 4. By no later than 30 days after the end of each calendar quarter, the department of administration shall submit a report to the joint committee on finance detailing all moneys expended or encumbered from the appropriation account under s. 20.505 (2) (am) during that calendar quarter for costs and judgments under subd. 1. or 2.

SB40-CSA1, s. 2922 Section 2922. 177.265 (1) (intro.) of the statutes is amended to read:

SB40-CSA1,1185,13 177.265 (1) (intro.) At least quarterly, the department of workforce development children and families shall reimburse the administrator, based on information provided by the administrator, for all of the following:

SB40-CSA1, s. 2922u Section 2922u. 185.81 of the statutes is amended to read:

SB40-CSA1,1185,22 185.81 Admission of foreign cooperatives. A foreign cooperative is entitled to all rights, exemptions and privileges of a cooperative organized under this chapter, if it is authorized to do business in this state under ch. 180. Such foreign cooperative may qualify under ch. 180 whether or not formed for profit and whether or not formed with stock. Any such foreign cooperative claiming to be subject to s. 71.26 (1) (a) or 71.45 (1) (a) may be required to furnish the department of revenue with such facts as said department shall deem necessary to establish the foreign cooperative's rights thereunder.

SB40-CSA1, s. 2925 Section 2925. 194.23 (1) of the statutes is amended to read:

SB40-CSA1,1186,7 194.23 (1) No person may operate any motor vehicle as a common motor carrier unless the person first obtains a certificate and, if required under this chapter, a permit issued by the department, or unless the person is registered by another state under a single-state or unified carrier registration system consistent with the standards under, respectively, 49 USC 14504 or 49 USC 13908 and 14504a, for the operation of the vehicle, except that no permit is required for the operation of a semitrailer. The department may issue or refuse to issue any certificate. The department may attach to the exercise of the privilege granted by a certificate any terms or conditions which are permitted under this chapter.

SB40-CSA1, s. 2926 Section 2926. 194.34 (1) of the statutes is amended to read:

SB40-CSA1,1186,17 194.34 (1) No person may operate any motor vehicle as a contract motor carrier unless the person first obtains a license and, if required under this chapter, a permit issued by the department, or unless the person is registered by another state under a single-state or unified carrier registration system consistent with the standards under, respectively, 49 USC 14504 or 49 USC 13908 and 14504a, for the operation of the motor vehicle, except that no permit is required for the operation of a semitrailer. The department may refuse to issue any license or may attach to the exercise of the privilege granted by a license any terms or conditions which are permitted under this chapter.

SB40-CSA1, s. 2927 Section 2927. 194.407 of the statutes is created to read:

SB40-CSA1,1186,24 194.407 Unified carrier registration system. (1) The department may participate in and do all things necessary to implement and administer a unified carrier registration system for motor carriers, including private motor carriers, in accordance with 49 USC 13908 and 14504a. The department may, consistent with federal law, establish by rule an annual fee under this section for a motor vehicle that is operated in this state and that is subject to the unified carrier registration system.

SB40-CSA1,1187,3 (2) The department may not administer both an insurance registration system for motor carriers under s. 194.405 and a registration system for motor carriers under this section.

SB40-CSA1,1187,12 (3) The department may use the emergency rules procedure under s. 227.24 to promulgate rules establishing the annual fee specified in sub. (1). Notwithstanding s. 227.24 (1) (c) and (2), these emergency rules may remain in effect until a subsequent rule is promulgated under this subsection or until the date on which permanent rules take effect, whichever is sooner. Notwithstanding s. 227.24 (1) (a) and (3), the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

SB40-CSA1, s. 2928 Section 2928. 194.41 (1) of the statutes is amended to read:

SB40-CSA1,1188,19 194.41 (1) No permit or vehicle registration may be issued to a common motor carrier of property, contract motor carrier, or rental company, no permit or vehicle registration may remain in force to operate any motor vehicle under the authority of this chapter, and no vehicle registration may be issued or remain in force for a semitrailer unless the carrier or rental company has on file with the department and in effect an approved certificate for a policy of insurance or other written contract in such form and containing such terms and conditions as may be approved by the department issued by an insurer authorized to do a surety or automobile liability business in this state under which the insurer assumes the liability prescribed by this section with respect to the operation of such motor vehicles. The certificate or other contract is subject to the approval of the department and shall provide that the insurer shall be directly liable for and shall pay all damages for injuries to or for the death of persons or for injuries to or destruction of property that may be recovered against the owner or operator of any such motor vehicles by reason of the negligent operation thereof in such amount as the department may require. Liability may be restricted so as to be inapplicable to damage claims on account of injury to or destruction of property transported, but the department may require, and with respect to a carrier transporting a building, as defined in s. 348.27 (12m) (a) 1., shall require, a certificate or other contract protecting the owner of the property transported by carriers from loss or damage in the amount and under the conditions as the department may require. No permit or vehicle registration may be issued to a common motor carrier of passengers by any motor vehicle, or other carrier of passengers by motor bus, except those registered in accordance with s. 341.26 (2) (a) and (d), and no permit or vehicle registration may remain in force to operate any motor vehicle unless it has on file with the department a like certificate or other contract in the form and containing the terms and conditions as may be approved by the department for the payment of damages for injuries to property and injuries to or for the death of persons, including passengers, in the amounts as the department may require. This subsection does not apply to a motor carrier that is registered by another state under a single-state or unified carrier registration system consistent with the standards under, respectively, 49 USC 14504 or 49 USC 13908 and 14504a.

SB40-CSA1, s. 2929 Section 2929. 196.218 (3) (a) 3. a. of the statutes is amended to read:

SB40-CSA1,1188,25 196.218 (3) (a) 3. a. The amount appropriated under s. 20.155 (1) (q), except that in fiscal year 2003-04 the total amount of contributions in that fiscal year under this subd. 3. a. may not exceed $5,000,000 and except that beginning in fiscal year 2004-05 the total amount of contributions in a fiscal year under this subd. 3. a. may not exceed $6,000,000.

SB40-CSA1, s. 2929e Section 2929e. 196.218 (3) (a) 4. of the statutes is repealed.

SB40-CSA1, s. 2929g Section 2929g. 196.218 (3) (e) of the statutes is amended to read:

SB40-CSA1,1189,6 196.218 (3) (e) Except as provided in par. (f) and s. 196.196 (2) (d), a A telecommunications provider or other person may not establish a surcharge on customers' bills to collect from customers contributions required under this subsection.

SB40-CSA1, s. 2929j Section 2929j. 196.218 (3) (f) of the statutes is amended to read:

SB40-CSA1,1189,17 196.218 (3) (f) Notwithstanding ss. 196.196 (1) and (5) (d) 2., 196.20 (2m), (5) and (6), 196.213 and 196.215, a telecommunications utility that provides local exchange service may make adjustments to local exchange service rates for the purpose of recovering the portion of its contributions to the universal service fund that is determined by the commission under par. (a) 4. required under this subsection. A telecommunications utility that adjusts local exchange service rates for the purpose of recovering all or any amount of that portion such contributions shall identify on customer bills a single amount that is the total amount of the adjustment. The public service commission shall provide telecommunications utilities the information necessary to identify such amounts on customer bills.

SB40-CSA1, s. 2929m Section 2929m. 196.218 (3) (g) of the statutes is created to read:

SB40-CSA1,1189,23 196.218 (3) (g) If the commission or a telecommunications provider makes a mistake in calculating or reporting any data in connection with the contributions required under par. (a), and the mistake results in the telecommunications provider's overpayment of such a contribution, the commission shall reimburse the telecommunications provider for the amount of the overpayment.

SB40-CSA1, s. 2929v Section 2929v. 196.218 (5) (a) 6. of the statutes is amended to read:

SB40-CSA1,1190,3 196.218 (5) (a) 6. To pay the department of administration for telecommunications services provided under s. 16.972 (1) to the campuses of the University of Wisconsin System at River Falls, Stout, Superior and Whitewater.

SB40-CSA1, s. 2930 Section 2930. 196.218 (5) (a) 7. of the statutes is repealed.

SB40-CSA1, s. 2931 Section 2931. 196.218 (5) (d) 2. of the statutes is amended to read:

SB40-CSA1,1190,13 196.218 (5) (d) 2. The commission shall annually provide information booklets to all Wisconsin works Works agencies that describe the current assistance from the universal service fund that is available to low-income individuals who are served by the Wisconsin works Works agencies, including a description of how such individuals may obtain such assistance. The department of workforce development children and families shall assist the commission in identifying the Wisconsin works Works agencies to which the commission is required to submit the information required under this subdivision.

SB40-CSA1, s. 2932 Section 2932. 196.374 (3) (b) 2. (intro.) of the statutes, as affected by 2005 Wisconsin Act 141, is amended to read:

SB40-CSA1,1190,25 196.374 (3) (b) 2. (intro.) The commission shall require each energy utility to spend 1.2 percent of its annual operating revenues to fund the utility's programs under sub. (2) (b) 1., the utility's ordered programs, and the utility's share of the statewide energy efficiency and renewable resource programs under sub. (2) (a) 1., and the utility's share, as determined by the commission under sub. (3) (b) 4., of the costs incurred by the commission in administering this section. Subject to approval under subd. 3., the commission may require each energy utility to spend a larger percentage of its annual operating revenues to fund these programs and costs. The commission may make such a requirement based on the commission's consideration of all of the following:

SB40-CSA1, s. 2933 Section 2933. 196.374 (3) (b) 4. of the statutes is created to read:

SB40-CSA1,1191,4 196.374 (3) (b) 4. In each fiscal year, the commission shall collect from the persons with whom energy utilities contract under sub. (2) (a) 1. an amount equal to the costs incurred by the commission in administering this section.

SB40-CSA1, s. 2936 Section 2936. 217.05 (1m) (b) 2. of the statutes is amended to read:

SB40-CSA1,1191,8 217.05 (1m) (b) 2. The division may disclose information under par. (a) 1. to the department of workforce development children and families in accordance with a memorandum of understanding under s. 49.857.

SB40-CSA1, s. 2937 Section 2937. 217.05 (1m) (c) 1. of the statutes is amended to read:

SB40-CSA1,1191,15 217.05 (1m) (c) 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 division 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-CSA1, s. 2938 Section 2938. 217.06 (6) of the statutes is amended to read:

SB40-CSA1,1191,24 217.06 (6) If the applicant is an individual, the applicant has not failed 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 related to paternity or child support proceedings and is not 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, as provided in a memorandum of understanding entered into under s. 49.857.

SB40-CSA1, s. 2939 Section 2939. 217.09 (1m) of the statutes is amended to read:

SB40-CSA1,1192,11 217.09 (1m) The division shall restrict or suspend any license issued under this chapter to an individual, if the individual 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 related to paternity or child support proceedings or 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, as provided in a memorandum of understanding entered into under s. 49.857. A licensee whose license is restricted or suspended under this subsection is entitled to a notice and hearing only as provided in a memorandum of understanding entered into under s. 49.857 and is not entitled to any other notice or hearing under this chapter.

SB40-CSA1, s. 2940 Section 2940. 218.0114 (20) (c) of the statutes is amended to read:

SB40-CSA1,1193,2 218.0114 (20) (c) An applicant or licensee furnishing information under par. (a) may designate the information as a trade secret, as defined in s. 134.90 (1) (c), or as confidential business information. The licensor shall notify the applicant or licensee providing the information 15 days before any information designated as a trade secret or as confidential business information is disclosed to the legislature, a state agency, as defined in s. 13.62 (2), a local governmental unit, as defined in s. 605.01 (1), or any other person. The applicant or licensee furnishing the information may seek a court order limiting or prohibiting the disclosure, in which case the court shall weigh the need for confidentiality of the information against the public interest in the disclosure. A designation under this paragraph does not prohibit the disclosure of a person's name or address, of the name or address of a person's employer or of financial information that relates to a person when requested under s. 49.22 (2m) by the department of workforce development children and families or a county child support agency under s. 59.53 (5).

SB40-CSA1, s. 2941 Section 2941. 218.0114 (21e) (a) of the statutes is amended to read:

SB40-CSA1,1193,13 218.0114 (21e) (a) In addition to any other information required under this section and except as provided in par. (c), an application by an individual for the issuance or renewal of a license described in sub. (14) shall include the individual's social security number and an application by a person who is not an individual for the issuance or renewal of a license described in sub. (14) (a), (b), (c) or (e) shall include the person's federal employer identification number. The licensor may not disclose any information received under this paragraph to any person except the department of workforce development children and families for purposes of administering s. 49.22 or the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

SB40-CSA1, s. 2942 Section 2942. 218.0114 (21e) (c) of the statutes is amended to read:

SB40-CSA1,1193,22 218.0114 (21e) (c) If an applicant for the issuance or renewal of a license described in sub. (14) is an individual who does not have a social security number, the applicant, as a condition of applying for or applying to renew the license, shall submit a statement made or subscribed under oath or affirmation to the licensor 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. Any license issued or renewed in reliance upon a false statement submitted by an applicant under this paragraph is invalid.

SB40-CSA1, s. 2943 Section 2943. 218.0114 (21g) (b) 2. of the statutes is amended to read:

SB40-CSA1,1194,3 218.0114 (21g) (b) 2. The licensor may disclose information under par. (a) 1. to the department of workforce development children and families in accordance with a memorandum of understanding under s. 49.857.

SB40-CSA1, s. 2944 Section 2944. 218.0114 (21g) (c) of the statutes is amended to read:

SB40-CSA1,1194,12 218.0114 (21g) (c) If an applicant for the issuance or renewal of a license described in sub. (16) is an individual who does not have a social security number, the applicant, as a condition of applying for or applying to renew the license, shall submit a statement made or subscribed under oath or affirmation to the licensor 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. Any license issued or renewed in reliance upon a false statement submitted by an applicant under this paragraph is invalid.

SB40-CSA1, s. 2945 Section 2945. 218.0116 (1g) (a) of the statutes is amended to read:

SB40-CSA1,1194,22 218.0116 (1g) (a) A license described in s. 218.0114 (14) shall be denied, restricted, limited or suspended if the applicant or licensee is an individual who 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 related to paternity or child support proceedings or who 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, as provided in a memorandum of understanding entered into under s. 49.857.

SB40-CSA1, s. 2946 Section 2946. 218.0116 (1m) (a) 3. of the statutes is amended to read:

SB40-CSA1,1195,8 218.0116 (1m) (a) 3. The applicant is an individual who 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 related to paternity or child support proceedings or who 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, as provided in a memorandum of understanding entered into under s. 49.857. An applicant whose application is denied under this subdivision is entitled to a notice and hearing under s. 49.857 but is not entitled to any other notice or hearing under ss. 218.0101 to 218.0163.

SB40-CSA1, s. 2947 Section 2947. 218.0116 (1m) (b) of the statutes is amended to read:

SB40-CSA1,1195,20 218.0116 (1m) (b) A license described in s. 218.0114 (16) shall be restricted or suspended if the licensee is an individual who 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 related to paternity or child support proceedings or who 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, as provided in a memorandum of understanding entered into under s. 49.857. A licensee whose license is restricted or suspended under this paragraph is entitled to a notice and hearing under s. 49.857 but is not entitled to any other notice or hearing under ss. 218.0101 to 218.0163.

SB40-CSA1, s. 2952 Section 2952. 218.02 (2) (a) 2. b. of the statutes is amended to read:

SB40-CSA1,1195,24 218.02 (2) (a) 2. b. The division may disclose information under subd. 1. a. to the department of workforce development children and families in accordance with a memorandum of understanding under s. 49.857.

SB40-CSA1, s. 2953 Section 2953. 218.02 (2) (a) 3. of the statutes is amended to read:

SB40-CSA1,1196,8 218.02 (2) (a) 3. 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 under this section, shall submit a statement made or subscribed under oath or affirmation to the division 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. Any license issued or renewed in reliance upon a false statement submitted by an applicant under this subdivision is invalid.

SB40-CSA1, s. 2954 Section 2954. 218.02 (3) (e) of the statutes is amended to read:

SB40-CSA1,1196,17 218.02 (3) (e) That, if the applicant is an individual, the applicant has not failed 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 related to paternity or child support proceedings and is not 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, as provided in a memorandum of understanding entered into under s. 49.857.

SB40-CSA1, s. 2955 Section 2955. 218.02 (6) (b) of the statutes is amended to read:

SB40-CSA1,1197,2 218.02 (6) (b) In accordance with a memorandum of understanding entered into under s. 49.857, the division shall restrict or suspend a license if the licensee is an individual who 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 related to paternity or child support proceedings or who 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.

SB40-CSA1, s. 2956 Section 2956. 218.02 (9) (a) 2. of the statutes is amended to read:

SB40-CSA1,1197,11 218.02 (9) (a) 2. Applications for licenses that are denied or licenses that are restricted or suspended because the applicant or licensee has failed 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 related to paternity or child support proceedings or 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.

SB40-CSA1, s. 2957 Section 2957. 218.04 (3) (a) 2. b. of the statutes is amended to read: