AB150: Bill Text

AB150,1457,25 139.34 (9) The applicant for a permit, if a nonresident, foreign corporation or foreign limited liability company, shall file proof that the applicant has appointed the secretary of state department of revenue as agent for the service of process on any matter arising under ss. 139.30 to 139.44. A foreign corporation without a place of business in this state need not obtain a certificate of authority under ss. 180.1501 to 180.1505. If a foreign corporation has a certificate of authority under ss. 180.1501 to 180.1505, the foreign corporation satisfies this subsection by filing the address of its registered office in this state and the name of its registered agent at that office and by promptly filing any changes to this information. A foreign limited liability company without a place of business in this state need not obtain a certificate of registration under ss. 183.1002 to 183.1007. If a foreign limited liability company has a certificate of registration under ss. 183.1002 to 183.1007, the foreign limited liability company satisfies this subsection by filing the address of its registered office in this state and the name of its registered agent at that office and by promptly filing any changes to this information.

AB150, s. 4194 Section 4194. 139.37 (1) (a) of the statutes is amended to read:

AB150,1458,15 139.37 (1) (a) No person shall sell or take orders for cigarettes for resale in this state for any manufacturer or permittee without first obtaining a salesperson's permit from the department of revenue. No manufacturer or permittee shall authorize any person to sell or take orders for cigarettes in this state without first having such person secure a salesperson's permit. The fee for such permit is $2 or, if the department promulgates a rule, an amount prescribed by the department by that rule. The department, by rule, may prescribe the term for which a permit under this subsection is valid. Each application for a permit shall disclose the name and address of the employer and such permit shall remain effective only while the salesperson represents such named employer. If such salesperson is thereafter employed by another manufacturer or permittee the salesperson shall obtain a new salesperson's permit. Each manufacturer and permittee shall notify the department within 10 days after the resignation or dismissal of any such salesperson holding a permit.

AB150, s. 4195 Section 4195. 139.39 (4) of the statutes is amended to read:

AB150,1458,25 139.39 (4) No suit shall be maintained in any court to restrain or delay the collection or payment of the tax levied in s. 139.31. The aggrieved taxpayer shall pay the tax when due and, if paid under protest, may at any time within 90 days from the date of payment, sue the state to recover the tax paid. If it is finally determined that any part of the tax was wrongfully collected, the department secretary of administration shall issue a warrant on the state treasurer for the amount wrongfully collected, and the treasurer shall pay the same out of the general fund. A separate suit need not be filed for each separate payment made by any taxpayer, but a recovery may be had in one suit for as many payments as may have been made.

AB150, s. 4196 Section 4196. Chapter 142 (title) of the statutes is repealed.

AB150, s. 4197 Section 4197. 142.07 (title) of the statutes is renumbered 233.40 (title) and amended to read:

AB150,1459,4 233.40 (title) Hospital Hospitals charges.

AB150, s. 4198 Section 4198. 142.07 (1) of the statutes is renumbered 233.40 (1) and amended to read:

AB150,1459,9 233.40 (1) Rates. The university of Wisconsin hospital and clinics University of Wisconsin Hospitals and Clinics shall treat patients so admitted at rates computed in the following manner:

AB150,1459,15 (a) Room rate. The superintendent chief executive officer shall establish with the approval of the board of regents directors a schedule of room rates for patients which may be adjusted by the superintendent chief executive officer with the approval of the board of regents directors to meet changes in the cost of operation. As used in this section "room rates" includes the charges for meals and for ordinary nursing care.

AB150,1459,19 (c) Ancillary services. All services provided except those covered by the room rate shall be charged for in accordance with a schedule established and maintained for public inspection by the university of Wisconsin hospital and clinics University of Wisconsin Hospitals and Clinics Authority.

AB150, s. 4199 Section 4199. 142.07 (3) of the statutes is renumbered 233.40 (3) and amended to read:

AB150,1459,25 233.40 (3) Indian children. Indian children whose hospital care is to be paid from funds granted the office of Indian affairs, U.S. department of interior, shall be admitted to the university of Wisconsin hospital and clinics University of Wisconsin Hospitals and Clinics at the rates established under sub. (1).

AB150, s. 4200 Section 4200 . 142.07 (4) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 233.40 (4) and amended to read:

AB150,1460,6 233.40 (4) Additional charges forbidden. The university of Wisconsin hospital and clinics University of Wisconsin Hospitals and Clinics Authority may not charge any compensation other than the amount provided by the board of regents of the university of Wisconsin system directors for any of the following patients:

AB150,1460,8 (c) Any child referred to the hospital or its hospitals or their clinics by the children's consultation service of a mental health institute under s. 46.041.

AB150,1460,10 (d) Any pupil referred to the hospital or its hospitals or their clinics by the state superintendent of public instruction department of education under s. 115.53 (4).

AB150,1460,12 (e) Any American Indian child admitted to the hospitals whose care is being paid under sub. (3).

****Note: This is reconciled s. 142.07 (4). This Section has been affected by drafts with the following LRB numbers: LRB-0707, LRB-1701 and LRB-2017.

AB150, s. 4201 Section 4201. 142.07 (4) (a) of the statutes is repealed.

AB150, s. 4202 Section 4202. 142.09 of the statutes is renumbered 233.41 and amended to read:

AB150,1460,22 233.41 Soldiers preferred patients. In admitting patients to the hospital University of Wisconsin Hospitals and Clinics, preference shall be given to honorably discharged veterans of any of the wars of the United States or who is otherwise eligible for benefits from the department of veterans affairs. Preference is hereby defined to mean that whenever the superintendent chief executive officer of the hospital authority is notified that the applicant is such a veteran, such veteran shall be the next person so admitted to the hospital, except in case of an emergency.

AB150, s. 4203 Section 4203. 142.11 of the statutes is renumbered 233.42 and amended to read:

AB150,1461,4 233.42 Subject to ch. 150. The university of Wisconsin hospital and clinics University of Wisconsin Hospitals and Clinics is subject to ch. 150.

AB150, s. 4204 Section 4204. 144.01 (13) of the statutes is amended to read:

AB150,1461,9 144.01 (13) "Sewage" means the water carried wastes created in and to be conducted away from residences, industrial establishments, and public buildings as defined in s. 101.01 (2) (12), with such surface water or groundwater as may be present.

AB150, s. 4205 Section 4205. 144.025 (2) (m) of the statutes is amended to read:

AB150,1461,12 144.025 (2) (m) Orders issued by the department shall be signed by the person designated by the board secretary.

AB150, s. 4206 Section 4206. 144.0252 of the statutes is created to read:

AB150,1461,18 144.0252 Fees for water quality determinations for wetlands. (1) Amount of fees. The department shall charge a fee for determining whether a project complies with the standards of water quality promulgated by rule under s.144.025 (2) (b) that are applicable to wetlands. The fee for each project shall be $100.

AB150,1461,22 (2) Adjustments in fees. (a) The department shall refund the fee if the applicant requests a refund before the department determines that the application for the determination is complete. The department may not refund a fee after the department determines that the application is complete.

AB150,1461,25 (b) If the applicant applies for a permit after the project is begun or after it is completed, the department shall charge an amount equal to twice the amount of the fee that it would have charged under this section.

AB150,1462,3 (c) If more than one fee under this section or s. 30.28 (2) (a) or (b) or 31.39 (2) (a) is applicable to a project, the department shall charge only the highest fee of those that are applicable.

AB150,1462,4 (d) The department, by rule, may increase the fee specified in sub. (1).

AB150,1462,6 (3) Exemptions. This section does not apply to any federal agency or state agency.

AB150, s. 4207 Section 4207. 144.026 (8) (intro.) of the statutes is amended to read:

AB150,1462,13 144.026 (8) Preparation of water quantity resources plan. (intro.) The natural resources board shall, before August 1, 1988, adopt and submit to the chief clerk of each house of the legislature, for distribution to the legislature under s. 13.172 (2), department shall have a long-term state water quantity resources plan for the protection, conservation and management of the waters of the state. The plan shall include, but need not be limited to, the following:

AB150, s. 4208 Section 4208. 144.027 (4) (b) 3. of the statutes is amended to read:

AB150,1462,15 144.027 (4) (b) 3. An authority created under ch. 231, 233 or 234.

AB150, s. 4209 Section 4209. 144.027 (5) (f) of the statutes is amended to read:

AB150,1462,22 144.027 (5) (f) The department shall allocate money for the payment of claims according to the order in which completed claims are received. The department may conditionally approve a completed claim even if the appropriation under s. 20.370 (4) (cv) (6) (cr) is insufficient to pay the claim. The department shall allocate money for the payment of a claim which is conditionally approved as soon as funds become available.

AB150, s. 4210 Section 4210. 144.027 (18) of the statutes is amended to read:

AB150,1463,5 144.027 (18) Suspension or revocation of licenses. The department may suspend or revoke a license issued under ch. 162 if the department finds that the licensee falsified information submitted under this section. The department of industry, labor and human relations development may suspend or revoke the license of a plumber licensed under ch. 145 if the department of industry, labor and human relations development finds that the plumber falsified information submitted under this section.

AB150, s. 4211 Section 4211. 144.03 (1) of the statutes is amended to read:

AB150,1463,16 144.03 (1) Every owner of an industrial establishment shall furnish to the department all information required by it in the discharge of its duties under s. 144.025 (2). Any member of the natural resources board or any Any employe of the department may enter any industrial establishment for the purpose of collecting such this information, and no owner of an industrial establishment shall may refuse to admit such member or an employe of the department. The department shall make such these inspections at frequent intervals. The secretary and all members of the board shall have power may, for all purposes falling within the department's jurisdiction to, administer oaths, issue subpoenas, compel the attendance of witnesses and compel the production of necessary or essential data.

AB150, s. 4212 Section 4212. 144.04 (1) of the statutes is amended to read:

AB150,1465,2 144.04 (1) Except as provided under sub. (2), every owner within the time prescribed by the department, shall file with the department a certified copy of complete plans of a proposed system or plant or extension thereof, in scope and detail satisfactory to the department, and, if required, of existing systems or plants, and such other information concerning maintenance, operation and other details as the department requires, including the information specified under s. 144.026 (5) (a), if applicable. Material changes with a statement of the reasons shall be likewise submitted. Before plans are drawn a statement concerning the improvement may be made to the department and the department may, if requested, outline generally what it will require. Upon receipt of such plans for approval, the department or its duly authorized representative shall notify the owner of the date of receipt. Within 90 days from the time of receipt of complete plans or within the time specified in s. 144.026 (5) (c), if applicable, the department or its authorized representative shall examine and take action to approve, approve conditionally or reject the plans and shall state in writing any conditions of approval or reasons for rejection. Approval or disapproval of such plans and specifications shall not be contingent upon eligibility of such project for federal aid. The time period for review may be extended by agreement with the owner if the plans and specifications cannot be reviewed within the specified time limitation due to circumstances beyond the control of the department or in the case of extensive installation involving expenditures of $350,000 $1,000,000 or more. The extension shall not exceed 6 months. Failure of the department or its authorized representative to act before the expiration of the time period allowed for review shall constitute an approval of the plans, and upon demand a written certificate of approval shall be issued. Approval may be subject to modification by the department upon due notice. Construction or material change shall be according to approved plans only. The department may disapprove plans which are not in conformance with any existing approved areawide waste treatment management plan prepared pursuant to the federal water pollution control act, P.L. 92-500, as amended, and shall disapprove plans that do not meet the grounds for approval specified under s. 144.026 (5) (d), if applicable. The department shall require each person whose plans are approved under this section to report that person's volume and rate of water withdrawal, as defined under s. 144.026 (1) (m), and that person's volume and rate of water loss, as defined under s. 144.026 (1) (L), if any, in the form and at the times specified by the department.

AB150, s. 4213 Section 4213. 144.21 (6) (b) 1. of the statutes is amended to read:

AB150,1465,11 144.21 (6) (b) 1. These payments shall may not exceed 50% of the approved project in conjunction with the state program of advancement in anticipation of federal reimbursement under sub. (2). To provide for the financing of pollution prevention and abatement facilities, the natural resources board secretary, with the approval of the governor, subject to the limits of s. 20.866 (2) (tm) may direct that state debt be contracted as set forth in subd. 2. and subject to the limits set therein. Said The debts shall be contracted for in the manner and form as that the legislature hereafter prescribes.

AB150, s. 4214 Section 4214. 144.24 (7) (c) 1. of the statutes is amended to read:

AB150,1465,19 144.24 (7) (c) 1. Metropolitan sewerage districts that serve 1st class cities are limited in each fiscal year to receiving total grant awards not to exceed 33% of the sum of the amounts in the schedule for that fiscal year for the appropriation under s. 20.445 (1) 20.143 (3) (de) and the amount authorized under sub. (10) for that fiscal year plus the unencumbered balance at the end of the preceding fiscal year for the amount authorized under sub. (10). This subdivision is not applicable to grant awards provided during fiscal years 1985-86, 1986-87, 1988-89 and 1989-90.

AB150, s. 4215 Section 4215. 144.241 (1) (a) of the statutes is repealed.

AB150, s. 4216 Section 4216. 144.241 (1) (c) of the statutes is repealed.

AB150, s. 4217 Section 4217. 144.241 (1) (cm) of the statutes is created to read:

AB150,1465,25 144.241 (1) (cm) "Median household income" means median household income determined by the U.S. bureau of the census as adjusted by the department to reflect changes in household income since the most recent federal census.

AB150, s. 4218 Section 4218. 144.241 (1) (cs) of the statutes is created to read:

AB150,1466,6 144.241 (1) (cs) "Residential user" means a structure or part of a structure, including a mobile home, that is used primarily as a home, residence or sleeping place by one person or 2 or more persons maintaining a common household and that uses a publicly owned treatment work. "Residential user" does not include an institutional, commercial, industrial or governmental facility.

AB150, s. 4219 Section 4219. 144.241 (2) of the statutes is amended to read:

AB150,1466,9 144.241 (2) Rules. The department shall promulgate rules that are necessary for the proper execution of its responsibilities under this section.

AB150, s. 4220 Section 4220. 144.241 (3m) (a) of the statutes is amended to read:

AB150,1466,14 144.241 (3m) (a) A list of wastewater treatment projects that the department estimates will receive notices of financial assistance commitment under sub. (15) apply for financial assistance under this section and s. 144.2415 during the next biennium.

AB150, s. 4221 Section 4221. 144.241 (3m) (c) of the statutes is amended to read:

AB150,1466,17 144.241 (3m) (c) The estimated rank of each project on the priority list under sub. (10) (8e).

AB150, s. 4222 Section 4222. 144.241 (6) (a) (intro.) of the statutes is amended to read:

AB150,1466,21 144.241 (6) (a) (intro.) The department and the department of administration may determine whether a municipality is eligible for financial assistance under this section and s. 144.2415 for any of the following:

AB150, s. 4223 Section 4223. 144.241 (6) (b) (intro.) of the statutes is amended to read:

AB150,1466,25 144.241 (6) (b) (intro.) In approving financial assistance, the department and the department of administration may use the following methods of providing financial assistance:

AB150, s. 4224 Section 4224. 144.241 (6) (b) 5. of the statutes is amended to read:

AB150,1467,3 144.241 (6) (b) 5. Providing financial hardship assistance no-interest loans under sub. (13) from the account under s. 25.43 (2) (b).

AB150, s. 4225 Section 4225. 144.241 (8) (f) of the statutes is repealed.

AB150, s. 4226 Section 4226. 144.241 (8) (g) of the statutes is amended to read:

AB150,1467,9 144.241 (8) (g) The sum of all of the financial assistance to a municipality approved under this section and s. 144.2415, except financial assistance under sub. (13m), for a project may not result in the municipality paying less than 30% of the cost of the project.

AB150, s. 4227 Section 4227. 144.241 (8) (h) of the statutes is amended to read:

AB150,1467,19 144.241 (8) (h) Except as provided in par. (k) or (m), a municipality that is a violator of an effluent limitation at the time that the notice of financial assistance commitment is given the application for a treatment work project is approved under sub. (9m) may not receive financial assistance of a method specified under sub. (6) (b) 1., 2., 3., 4. or 5. for that part of a the treatment work project that is needed to correct the violation. This paragraph does not apply to a municipality that after May 17, 1988, is in compliance with a court or department order to correct a violation of the enforceable requirements of its ch. 147 permit, and that is applying for financial assistance under s. 144.2415 (13) to correct that violation.

AB150, s. 4228 Section 4228. 144.241 (8) (j) of the statutes is repealed.

AB150, s. 4229 Section 4229. 144.241 (8) (k) (intro.) of the statutes is amended to read:

AB150,1467,23 144.241 (8) (k) (intro.) The restrictions specified under par. (b) 1. and 2., (c), (f) or (h) do not apply to any of the following methods of financial assistance:

AB150, s. 4230 Section 4230. 144.241 (8) (m) of the statutes is repealed.

AB150, s. 4231 Section 4231. 144.241 (8m) of the statutes is created to read:

AB150,1468,5 144.241 (8m) Notice of intent to apply. (a) A municipality shall submit notice to the department of its intent to apply for financial assistance under this section and s. 144.2415 in a year no later than December 31 of the preceding year. The notice shall be in a form prescribed by the department and the department of administration.

AB150,1468,9 (b) If a municipality does not apply for financial assistance under this section and s. 144.2415 by December 31 of the 2nd year following the year in which it submitted notice under par. (a), the municipality shall submit a new notice under par. (a).

AB150,1468,11 (c) The department may waive par. (a) or (b) upon the written request of a municipality.

AB150, s. 4232 Section 4232. 144.241 (8s) of the statutes is created to read:

AB150,1468,15 144.241 (8s) Facility plan. A municipality seeking financial assistance for a project under this section, except for a municipality seeking a capital cost loan, shall complete a facility plan as required by the department by rule.

AB150, s. 4233 Section 4233. 144.241 (9) (a) of the statutes is amended to read:

AB150,1468,25 144.241 (9) (a) A After the department approves a municipality's facility plan submitted under sub. (8s), the municipality which desires to participate in the program under this section and s. 144.2415 shall submit an application for participation to the department. The application shall be in such form and include such information as the department and the department of administration prescribe. The department shall review applications for participation in the program under this section and s. 144.2415. The department shall determine which applications meet the eligibility requirements and criteria under subs. (6), (7), (8), (10) and (8m) and, before July 1, 1997, sub. (13).

AB150, s. 4234 Section 4234. 144.241 (9) (am) of the statutes is created to read:

AB150,1469,4 144.241 (9) (am) A municipality may not submit more than one application under par. (a) in any 12-month period except that this paragraph does not apply to applications for financial assistance for additional costs of an approved project.