AB768: Bill Text

AB768,223,2 254.176 (1) Except as provided in sub. (2), and subject to s. 254.115, the department may establish by rule certification requirements for any person who performs lead hazard reduction or a lead management activity or who supervises the performance of any lead hazard reduction or lead management activity.

AB768, s. 460 Section 460. 254.176 (3) (intro.) of the statutes is amended to read:

AB768,223,6 254.176 (3) (intro.)  The Subject to s. 254.115, the department may promulgate rules establishing certification requirements for persons required to be certified under this section. Any rules promulgated under this section:

AB768, s. 461 Section 461. 254.176 (5) of the statutes is amended to read:

AB768,223,12 254.176 (5) After notice and opportunity for hearing, the department may revoke, suspend, deny or refuse to renew any certification issued under this section in accordance with the procedures set forth in ch. 227, except that the only hearing rights available for a denial, revocation or nonrenewal of any certification issued under this section based on tax delinquency are those set forth in s. 73.0301 (5).

AB768, s. 462 Section 462. 254.20 (2) (d) of the statutes is amended to read:

AB768,223,18 254.20 (2) (d) The Subject to s. 254.115, the department may establish by rule certification requirements for any person not certified under pars. (a) to (c) who performs any asbestos abatement activity or asbestos management activity or who supervises the performance of any asbestos abatement activity or asbestos management activity.

AB768, s. 463 Section 463. 254.20 (4) of the statutes is amended to read:

AB768,223,22 254.20 (4) Renewal. A certification card issued under sub. (3) is valid for one year. The Subject to s. 254.115, the department may establish requirements for renewing such a card, including but not limited to additional training.

AB768, s. 464 Section 464. 254.20 (7) of the statutes is amended to read:

AB768,224,3 254.20 (7) Appeals. Any suspension, revocation or nonrenewal of a certification card required under sub. (2) or any denial of an application for such a certification card is subject to judicial review under ch. 227, except that the only hearing rights available for a denial, revocation or nonrenewal of a certification card required under sub. (2) based on tax delinquency are those set forth in s. 73.0301 (5).

AB768, s. 465 Section 465. 280.13 (4) of the statutes is amended to read:

AB768,224,14 280.13 (4) No order revoking a permit under sub. (2) shall be made until after a public hearing to be held before the department in the county where the permittee has his or her place of business. If the permittee is a nonresident, the hearing shall be at such place as the department designates. At least 10 days prior to the hearing the department shall send written notice of the time and place of the hearing to the permittee and to the permittee's attorney or agent of record by mailing the notice to the last-known address of such persons. The testimony presented and proceeding shad at the hearing shall be recorded and preserved as the records of the department. The department shall as soon thereafter as possible make its findings and determination and send a copy to each interested party.

AB768, s. 466 Section 466. 281.48 (3) (a) of the statutes is amended to read:

AB768,224,23 281.48 (3) (a) License; application. Every person before engaging in servicing in this state shall submit an application for a license on forms prepared by the department. If Except as provided in s. 299.07, if the department, after investigation, is satisfied that the applicant has the qualifications, experience, understanding of proper servicing practices, as demonstrated by the successful completion of an examination given by the department, and equipment to perform the servicing in a manner not detrimental to public health it shall issue the license. The license fee shall accompany all applications.

AB768, s. 467 Section 467. 281.48 (5) (b) of the statutes is amended to read:

AB768,225,2 281.48 (5) (b) The department may not reissue a license for a period of one year after revocation under par. (a).

AB768, s. 468 Section 468. 281.58 (3) of the statutes is renumbered 281.58 (3) (a).

AB768, s. 469 Section 469. 281.58 (3) (b) of the statutes is created to read:

AB768,225,9 281.58 (3) (b) The department may enter into an agreement with the U.S. environmental protection agency to receive a grant for federal financial hardship assistance under P.L. 104-134, Title III. The agreement may contain any provision required by 40 CFR part 31 or other environmental protection agency regulations that apply to grant recipients.

AB768, s. 470 Section 470. 281.58 (6) (b) 5. of the statutes is amended to read:

AB768,225,12 281.58 (6) (b) 5. Providing state financial hardship assistance under sub. (13) from the account under s. 25.43 (2) (b).

AB768, s. 471 Section 471. 281.58 (6) (b) 5m. of the statutes is created to read:

AB768,225,15 281.58 (6) (b) 5m. Providing federal financial hardship assistance grants under sub. (13) from the account under s. 25.43 (2) (ae).

AB768, s. 472 Section 472. 281.58 (13) (b) (intro.) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB768,225,21 281.58 (13) (b) A municipality with an application that is approved under sub. (9m) is eligible for state financial hardship assistance for the project costs that are eligible under the clean water fund program, except for costs to which sub. (8) (b), (c), (f) or (h) applies, if the municipality meets all of the following criteria:

AB768, s. 473 Section 473. 281.58 (13) (be) of the statutes is created to read:

AB768,226,2 281.58 (13) (be) A municipality with an application that is approved under sub. (9m) is eligible for federal financial hardship assistance for the project costs that are eligible under the clean water fund program, except for costs to which sub. (8) (b), (c), (f) or (h) applies, if the municipality meets all of the following criteria:

AB768,226,3 1. The population of the municipality is 3,000 or less.

AB768,226,4 2. The municipality is a rural community, as determined by the department.

AB768,226,8 3. The municipality lacks centralized wastewater treatment or collection systems or needs improvements to onsite wastewater treatment systems and federal financial hardship assistance will improve public health or reduce an environmental risk.

AB768,226,11 4. The per capita annual income of residents to be served by the project does not exceed 80% of national per capita annual income, based on the most recent data available from the U.S. bureau of the census.

AB768,226,15 5. On the date that the municipality applies for assistance, the unemployment rate for the county in which the municipality is located exceeds by 1% or more the average yearly national unemployment rate most recently reported by the federal bureau of labor statistics.

AB768, s. 474 Section 474. 281.58 (13) (bs) of the statutes is created to read:

AB768,226,21 281.58 (13) (bs) If a municipality is eligible for state financial hardship assistance under par. (b) and for federal financial hardship assistance under par. (be), the department may determine whether to provide state financial hardship assistance, federal financial hardship assistance or both for the municipality's project.

AB768, s. 475 Section 475. 281.58 (13) (cm) of the statutes is created to read:

AB768,227,11 281.58 (13) (cm) The amount and type of assistance to be provided to a municipality that receives state financial hardship assistance shall be determined under rules promulgated by the department. Assistance to be provided to a municipality that receives federal financial hardship assistance shall be in the form of a grant for a portion of the project costs plus a loan at the interest rate under sub. (12) for the type of project being funded. The maximum amount of subsidy that a municipality receiving federal financial hardship assistance may receive is equal to the amount of subsidy that the municipality would have received if it had received state financial hardship assistance. If a municipality receives state financial hardship assistance and federal financial hardship assistance for a project, the total amount of the subsidy for the project may not exceed the amount of subsidy that the municipality would have received if it had received only state financial hardship assistance. Subsection (8) (g) does not apply to the amount of a federal financial hardship assistance grant that a municipality may receive.

AB768, s. 476 Section 476. 281.58 (13) (d) of the statutes is amended to read:

AB768,227,17 281.58 (13) (d) The department shall establish a financial hardship assistance funding list for each fiscal year that ranks projects of municipalities that are eligible under par. (b) or (be), and that submit complete financial assistance applications under sub. (9) (a) no later than June 30 of the preceding fiscal year, in the same order that they appear on the priority list under sub. (8e).

AB768, s. 477 Section 477. 281.58 (13) (e) (intro.) of the statutes is amended to read:

AB768,227,21 281.58 (13) (e) (intro.) In Subject to par. (em), in each fiscal year, the department shall allocate financial hardship assistance under this subsection in the following order:

AB768, s. 478 Section 478. 281.58 (13) (em) of the statutes is created to read:

AB768,228,5 281.58 (13) (em) 1. In a fiscal year, if all available state financial hardship assistance has been allocated under par. (e) and federal financial hardship assistance remains to be allocated, the department may allocate federal financial hardship assistance to projects that are eligible for federal financial hardship assistance under par. (be), but that are lower on the funding list than projects that are eligible only for state financial hardship assistance under par. (b), beginning with the next project on the funding list that is eligible for federal financial hardship assistance.

AB768,228,12 2. In a fiscal year, if all available federal financial hardship assistance has been allocated and state financial hardship assistance remains to be allocated, the department may allocate state financial hardship assistance to projects that are eligible for state financial hardship assistance under par. (b), but that are lower on the funding list than projects that are eligible only for federal financial hardship assistance under par. (be), beginning with the next project on the funding list that is eligible for state financial hardship assistance.

AB768, s. 479 Section 479. 281.59 (3) (a) 6. of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB768,228,20 281.59 (3) (a) 6. An amount equal to the estimated present value of subsidies for all clean water fund program loans and grants expected to be made for the wastewater treatment projects listed in the biennial needs list under s. 281.58 (3m), except for federal financial hardship assistance grants under s. 281.58 (13), discounted at a rate of 7% per year to the first day of the biennium for which the biennial finance plan is prepared.

AB768, s. 480 Section 480. 281.59 (3e) (a) 1. of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB768,229,2 281.59 (3e) (a) 1. An amount of present value of the subsidy for the clean water fund program, except for federal financial hardship assistance grants under s. 281.58 (13), that is specified for that biennium under par. (b) and is based on the amount included in the biennial finance plan under sub. (3) (a) 6.

AB768, s. 481 Section 481. 281.59 (3e) (e) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB768,229,10 281.59 (3e) (e) The department may expend, for financial hardship assistance , other than federal financial hardship assistance grants under s. 281.58 (13) (be), in a biennium under s. 281.58 (13) (e), an amount up to 15% of the amount approved by the legislature under par. (b) for that biennium. The department may expend such amount only from the percentage of the amount approved by the legislature under par. (b) that is not available under par. (d) for financial assistance.

AB768, s. 482 Section 482. 281.99 (2) (a) 1. of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB768,229,15 281.99 (2) (a) 1. For water systems that serve a population of more than 10,000 persons, not less than $10 and not nor more than $1,000 for each day of each violation, but not more than $25,000 per violation in one order.

AB768, s. 483 Section 483. 287.24 of the statutes is created to read:

AB768,229,19 287.24 Miscellaneous recycling grants. On July 1, 1998, and annually thereafter, the department shall award from the appropriation account under s. 20.370 (6) (br) the following grants:

AB768,229,23 (1) A grant of $100,000 to the Wheelchair Recycling Project, a part of the Madison chapter of the National Spinal Cord Injury Association for the purpose of refurbishing used wheelchairs and other mobility devices and returning them to use by persons who otherwise would not have access to needed or appropriate equipment.

AB768,230,3 (2) A grant of $500,000 to the department of corrections to be credited to the appropriation account under s. 20.410 (1) (kx) for the purpose of refurbishing and recycling used computers.

AB768, s. 484 Section 484. 292.15 (2) (a) (intro.) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB768,230,11 292.15 (2) (a) (intro.) Except as provided in sub. (6) or (7), a voluntary party is exempt from the provisions of ss. 289.05 (1), (2), (3) and (4), 289.42 (1), 289.67, 291.25 (1) to (5), 291.29, 291.37, 292.11 (3), (4) and (7) (b) and (c) and 292.31 (8), and rules promulgated under those provisions, with respect to the existence of a hazardous substance on the property, if all of the following occur at any time before or after the date of acquisition:

AB768, s. 485 Section 485. 292.15 (4) (intro.) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB768,230,19 292.15 (4) Limited responsibility. (intro.) The responsibility of a voluntary party under sub. (2) (a) 2. may be monetarily limited by agreement between the voluntary party and the department if the voluntary party purchased the property from a municipality local governmental unit that acquired the property in a way described in s. 292.11 (9) (e) 1m. a. or, b., c. or d. The agreement shall stipulate all of the following:

AB768, s. 486 Section 486. 292.15 (7) (c) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB768,230,25 292.15 (7) (c) Any hazardous waste disposal facility that has been issued a license under s. 144.441 (2), 1995 stats., or s. 289.41 (1m), or rules promulgated under those sections, for a period of long-term care following closure of the facility if the license was issued on or before October 14, 1997.

AB768, s. 487 Section 487. 292.66 (5) of the statutes, as created by 1997 Wisconsin Act 27, is repealed.

AB768, s. 488 Section 488. 293.45 (1) of the statutes is amended to read:

AB768,231,15 293.45 (1) The Except as provided in sub. (2) or s. 299.07, the department shall issue a prospecting permit under this section to an applicant within 60 days following the date of the completion of the hearing record if, on the basis of the application, the department's investigation and hearing and any written comments, it finds that the site is not unsuitable for prospecting or, absent a certification under sub. (1), surface mining, the department has approved the prospecting plan and the reclamation plan complies with ss. 293.13 (2) and 293.35 (2) and (3) and rules promulgated under ss. 293.13 (2) and 293.35 (2) and (3). The department may modify any part of the application or reclamation plan and approve it as modified. Except as otherwise provided in this chapter, prospecting permits shall be valid for the life of the project, unless canceled under s. 293.83 (1) or (3) or 293.85 or revoked under s. 293.87 (2) or (3).

AB768, s. 489 Section 489. 299.07 of the statutes is created to read:

AB768,231,21 299.07 License denial, nonrenewal and revocation based on tax delinquency. (1) (a) The department shall require each applicant to provide the department with the applicant's social security number, if the applicant is an individual, or the applicant's federal employer identification number, if the applicant is not an individual, as a condition of issuing or renewing any of the following:

AB768,231,22 1. A registration under s. 280.15.

AB768,231,23 2. A certification under s. 281.17 (3).

AB768,231,24 3. A license or certification under s. 281.48 (3).

AB768,231,25 4. A certification under s. 285.51 (2).

AB768,232,1 5. A certification under s. 289.42 (1).

AB768,232,2 6. A license under s. 291.23.

AB768,232,3 7. A license under s. 293.21.

AB768,232,4 8. A license under s. 293.25 (2).

AB768,232,5 9. A permit under s. 293.45.

AB768,232,6 10. A license under s. 295.33.

AB768,232,9 (b) The department may not disclose any information received under par. (a) to any person except to the department of revenue for the purpose of requesting certifications under s. 73.0301.

AB768,232,14 (2) The department shall deny an application for the issuance or renewal of a license, registration or certification specified in sub. (1) (a), or shall revoke a license, registration or certification specified in sub. (1) (a), if the department of revenue certifies under s. 73.0301 that the applicant or holder of the license, registration or certification is liable for delinquent taxes.

AB768, s. 490 Section 490. 301.03 (14) of the statutes is created to read:

AB768,232,21 301.03 (14) Upon request of the department of revenue, disclose information to the department of revenue concerning a prisoner, probationer or parolee or a person registered under s. 301.45 for the purposes of locating persons, or the assets of persons, who have failed to file tax returns, who have underreported their taxable income or who are delinquent taxpayers, identifying fraudulent tax returns or providing information for tax-related prosecutions.

AB768, s. 491 Section 491. 301.03 (18) of the statutes is created to read:

AB768,233,5 301.03 (18) (a) Except as provided in s. 301.12 (14) (b) and (c), establish a uniform system of fees for juvenile delinquency-related services provided or purchased by the department or a county department under s. 46.215, 46.22 or 46.23, except for services provided to courts; outreach, information and referral services; or when, as determined by the department, a fee is administratively unfeasible or would significantly prevent accomplishing the purpose of the service. A county department under s. 46.215, 46.22 or 46.23 shall apply the fees that it collects under this program to cover the cost of those services.

AB768,233,13 (b) Except as provided in s. 301.12 (14) (b) and (c), hold liable for the services provided or purchased under par. (a) in the amount of the fee established under par. (a) any person receiving those services or the spouse of the person and, in the case of a minor, the parents of the person, and, in the case of a foreign child described in s. 48.839 (1) who became dependent on public funds for his or her primary support before an order granting his or her adoption, the resident of this state appointed guardian of the child by a foreign court who brought the child into this state for the purpose of adoption.

AB768,233,18 (c) Make collections from the person who in the opinion of the department is best able to pay, giving due regard to the present needs of the person or of his or her lawful dependents. The department may bring action in the name of the department to enforce the liability established under par. (b). This paragraph does not apply to the recovery of fees for the care and services specified under s. 301.12.

AB768,233,23 (d) Compromise or waive all or part of the liability for services received as the department considers necessary to efficiently administer this subsection, subject to such conditions as the department considers appropriate. The sworn statement of the collection and deportation counsel appointed under s. 301.12 (7) or the secretary, shall be evidence of the services provided and the fees charged for those services.

AB768,234,2 (e) Delegate to county departments under s. 46.215, 46.22 or 46.23 and other providers of care and services the powers and duties vested in the department by pars. (c) and (d) as the department considers necessary to efficiently administer this subsection, subject to such conditions as the department considers appropriate.

AB768,234,5 (g) Return to county departments under s. 46.215, 46.22 or 46.23 50% of collections made by the department for delinquent accounts previously delegated under par. (e) and then referred back to the department for collections.

AB768, s. 492 Section 492. 301.048 (3) (d) of the statutes is amended to read: