AB969: Bill Text

AB969, s. 89 Section 89. 218.01 (2) (ie) 3. of the statutes, as created by 1999 Wisconsin Act 9, section 2341j, is renumbered 218.0114 (21e) (c) and amended to read:

AB969,32,17 218.0114 (21e) (c) If an applicant for the issuance or renewal of a license described in par. (d) 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. Any license issued or renewed in reliance upon a false statement submitted by an applicant under this subdivision paragraph is invalid.

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). The remainder of s. 218.01 (2) (ie) was renumbered to s. 218.0114 (21e) by 1999 Wis. Act 31. Inserts correct cross-reference.

AB969, s. 90 Section 90. 218.01 (2) (L) of the statutes, as created by 1999 Wisconsin Act 9, is renumbered 218.0114 (24) and amended to read:

AB969,32,21 218.0114 (24) (a) Words and phrases defined in sub. (2c) (am) s. 218.0121 (1m) have the same meaning in this paragraph subsection.

AB969,33,4 (b) The department may not issue a dealer license under this section ss. 218.0101 to 218.0163, unless the department has determined that no factory will hold an ownership interest in or operate or control the dealership or that one of the exceptions under sub. (2c) (cm) s. 218.0121 (3m) applies.

AB969,33,9 (c) If the applicant asserts that sub. (2c) (cm) 2. s. 218.0121 (3m) (b) applies, the department shall require the applicant to provide a copy of the written agreement described in sub. (2c) (cm) 2. d. s. 218.0121 (3m) (b) 4. for examination by the department to ensure that the agreement meets the requirements of sub. (2c) (cm) 2 s. 218.0121 (3m) (b).

AB969,33,14 (d) If the division of hearings and appeals determines, after a hearing on the matter at the request of the department or any licensee, that a factory holds an ownership interest in a dealership or operates or controls a dealership in violation of sub. (2c) s. 218.0121 the division shall order the denial or revocation of the dealership's license.

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b) and inserts correct cross-references. 1999 Wis. Act 31 renumbered s. 218.01 (2) to s. 218.0114 and s. 218.01 (2c) to s. 218.0121.

AB969, s. 91 Section 91. 218.0114 (21e) (a) of the statutes, as affected by 1999 Wisconsin Act 9, section 2341h, 1999 Wisconsin Act 31, section 101, and 1999 Wisconsin Act 32, section 242, is amended to read:

AB969,34,4 218.0114 (21e) (a) In addition to any other information required under this section and except as provided in subd. 3. 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 for purposes of administering s. 49.22 or the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

Note: Inserts correct cross-reference.

AB969, s. 92 Section 92. 218.0114 (21g) (a) (intro.) of the statutes, as affected by 1999 Wisconsin Act 9, section 2341L, and 1999 Wisconsin Act 31, section 102, is amended to read:

AB969,34,10 218.0114 (21g) (a) (intro.) In addition to any other information required under this section and except as provided in subd. 3. par. (c), an application for a license described in sub. (16) shall include the following:

Note: Inserts correct cross-reference.

AB969, s. 93 Section 93. The treatment of 218.0114 (21g) (b) 2. of the statutes by 1999 Wisconsin Act 31, section 102, is not repealed by 1999 Wisconsin Act 32, section 243. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 218.0114 (21g) (b) 2. reads:

2. The licensor may disclose information under par. (a) 1. to the department of workforce development in accordance with a memorandum of understanding under s. 49.857.

AB969, s. 94 Section 94. 218.0114 (21g) (c) of the statutes, as affected by 1999 Wisconsin Act 9, section 2341n, and 1999 Wisconsin Act 31, section 102, is amended to read:

AB969,35,3 218.0114 (21g) (c) If an applicant for the issuance or renewal of a license described in par. (dr) 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. Any license issued or renewed in reliance upon a false statement submitted by an applicant under this subdivision paragraph is invalid.

Note: Inserts correct cross-references.

AB969, s. 95 Section 95. 218.0116 (1g) (b) of the statutes, as affected by 1999 Wisconsin Act 31, section 169, and 1999 Wisconsin Act 32, section 244, is amended to read:

AB969,35,8 218.0116 (1g) (b) A license described in sub. (2) s. 218.0114 (14) (a), (b), (c) or (e) shall be suspended or revoked if the department of revenue certifies under s. 73.0301 that the applicant or licensee is liable for delinquent taxes.

Note: The stricken text was inserted by 1999 Wis. Act 32, but was rendered surplusage by the treatment of this provision by 1999 Wis. Act 31.

AB969, s. 96 Section 96. The treatment of 218.0116 (1m) (a) 1. of the statutes by 1999 Wisconsin Act 9, section 2342ap, is not repealed by 1999 Wisconsin Act 31, section 170. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 218.0116 (1m) (a) 1. reads:

1. The applicant fails to provide any information required under s. 218.0114 (21g) (a).

AB969, s. 97 Section 97. 218.0121 (1m) (intro.), (b) and (d), (2m) and (3m) (a), (b) 5. and (c) of the statutes, as affected by 1999 Wisconsin Act 9, sections 2342abf to 2342 abv, and 1999 Wisconsin Act 31, section 110, are amended to read:

AB969,35,15 218.0121 (1m) (intro.) In this subsection section:

AB969,35,20 (b) "Control" means the possession, direct or indirect, of the power to direct or cause the direction of the management or policies of a person, whether through the ownership of voting securities, by contract or otherwise. "Control" does not include the relationship between a factory and a dealership under a basic agreement filed under sub. (2) (bd) 1 s. 218.0114 (7) (a) 1.

AB969,36,2 (d) "Dealership" means a person licensed or required to be licensed as a motor vehicle dealer under this section ss. 218.0101 to 218.0163.

AB969,36,5 (2m) A of a manufacturer, importer or distributor factory shall not, directly or indirectly, hold an ownership interest in or operate or control a motor vehicle dealership in this state.

AB969,36,8 (3m) (a) of a manufacturer, importer or distributor A factory from holding an ownership interest in or operating a dealership for a temporary period, not to exceed one year, during the transition from one owner or dealer operator to another.

AB969,36,12 (b) 5. The written agreement described in subd. 2. d. 4. provides that the dealer operator will make reasonable progress toward acquiring all of the ownership interest in the dealership, and the dealer is making reasonable progress toward acquiring all of the ownership interest in the dealership.

AB969,36,19 (c) The ownership, operation or control of a dealership by a of a manufacturer, importer or distributor factory that does not meet the conditions under subds. 1. or 2. sub. (1) or (2) par. (a) or (b), if the division of hearings and appeals determines, after a hearing on the matter at the request of any party, that there is no prospective independent dealer available to own and operate the dealership in a manner consistent with the public interest and that meets the reasonable standard and uniformly applied qualifications of the factory.

Note: Inserts correct cross references and deletes text inserted by 1999 Wis. Act 31 that was rendered surplusage by the treatment of this provision by 1999 Wis. Act 9.

AB969, s. 98 Section 98. The treatment of 218.0121 (3m) (intro.) of the statutes by 1999 Wisconsin Act 9, section 2342abf, is not repealed by 1999 Wisconsin Act 31, section 110. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 218.0121 (3m) (intro.) reads:

(3m) This section does not prohibit any of the following:

AB969, s. 99 Section 99. The treatment of 218.11 (2) (am) 3. of the statutes by 1999 Wisconsin Act 9 is not repealed by 1999 Wisconsin Act 32. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 218.11 (2) (am) 3. reads:

3. The department of commerce may not disclose any information received under subd. 1. to any person except to the department of workforce development for purposes of administering s. 49.22 or to the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

AB969, s. 100 Section 100. The treatment of 218.12 (5) of the statutes by 1999 Wisconsin Act 9 is not repealed by 1999 Wisconsin Act 31. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 218.12 (5) reads, effective 7-1-00:

(5) The provision of s. 218.0116 relating to the denial, suspension and revocation of a motor vehicle salesperson's license shall apply to the denial, suspension and revocation of a salesperson's license so far as applicable, except that such provision does not apply to the denial, suspension or revocation of a license under sub. (3m).

AB969, s. 101 Section 101. The treatment of 218.12 (6) of the statutes by 1999 Wisconsin Act 9 is not repealed by 1999 Wisconsin Act 31. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 218.12 (6) reads, effective 7-1-00:

(6) The provisions of ss. 218.0116 (9) and 218.0152 shall apply to this section, recreational vehicle sales practices and the regulation of recreational vehicle salespersons, as far as applicable.

AB969, s. 102 Section 102. The treatment of 227.43 (1) (bg) of the statutes by 1999 Wisconsin Act 9 is not repealed by 1999 Wisconsin Act 31. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 227.43 (1) (bg) reads:

(bg) Assign a hearing examiner to preside over any hearing or review under ss. 84.30 (18), 84.31 (6) (a), 85.013 (1), 86.073 (3), 86.16 (5), 86.195 (9) (b), 86.32 (1), 101.935 (2) (b), 101.951 (7) (a) and (b), 114.134 (4) (b), 114.135 (9), 114.20 (19), 175.05 (4) (b), 194.145 (1), 194.46, 218.0114 (7) (d) and (12) (b), 218.0116 (2), (4), (7) (a), (8) (a) and (10), 218.0131 (3), 218.11 (7) (a) and (b), 218.22 (4) (a) and (b), 218.32 (4) (a) and (b), 218.41 (4), 218.51 (5) (a) and (b), 341.09 (2m) (d), 342.26, 343.69 and 348.25 (9).

AB969, s. 103 Section 103. 229.841 (1) of the statutes, as created by 1999 Wisconsin Act 65, is amended to read:

AB969,38,2 229.841 (1) "Bond" means any bond, note or other obligation issued under s. 66.066 66.0621 by a district.

Note: Inserts correct cross-reference. Section 66.066 was renumbered to s. 66.0621 by 1999 Wis. Act (ab 710).

AB969, s. 104 Section 104. 229.844 (4) (c) 2., (5), (6) and (8) (a) of the statutes, as created by 1999 Wisconsin Act 65, are amended to read:

AB969,38,7 229.844 (4) (c) 2. If the district's sponsoring city is a 1st class city, request the 1st class city's redevelopment authority, created under s. 66.431 66.1333 (3) (a) 3., to condemn property on behalf of the district.

AB969,38,11 (5) Employ personnel, and fix and regulate their compensation; and provide, either directly or subject to an agreement under s. 66.30 66.0301 as a participant in a benefit plan of another governmental entity, other than a benefit plan provided under ch. 40, any employe benefits, including an employe pension plan.

AB969,38,15 (6) Purchase insurance, establish and administer a plan of self-insurance or, subject to an agreement with another governmental entity under s. 66.30 66.0301, participate in a governmental plan of insurance or self-insurance, other than a plan provided under ch. 40.

AB969,38,22 (8) (a) Issue revenue bonds under s. 66.066 66.0621, subject to ss. 229.849 to 229.853, and enter into agreements related to the issuance of bonds by the district or, for purposes related to the district, by a community development authority created under s. 66.4325 66.1335, including liquidity and credit facilities, remarketing agreements, insurance policies, guaranty agreements, letter of credit or reimbursement agreements, indexing agreements, interest exchange agreements and currency exchange agreements.

Note: Inserts correct cross-references reflecting renumbering by 1999 Wis. Act (ab 710).

AB969, s. 105 Section 105. 229.844 (17) of the statutes, as created by 1999 Wisconsin Act 65, is amended to read:

AB969,39,16 229.844 (17) Direct its agents or employes, if properly identified in writing, to enter upon any real property, that the district has the authority to condemn, or that the redevelopment authority has the authority to condemn on behalf of the district, to make surveys and examinations before locating or constructing cultural arts facilities, without incurring liability by the district, its agents or employes except for actual damage done. Before directing anyone to enter real property under this subsection, the district shall give the owner and occupant of the property at least 5 days' written notice. If the owner or occupant does not consent to the entry, the district may petition the circuit court for the county in which the property is located for an order permitting entry upon the property. The district shall serve a copy of the petition upon the owner and occupant. Before issuing an order, the court shall require the district to demonstrate the necessity of the entry and shall examine the reasonableness of the proposed scope, time, place and manner of the entry. The court may impose appropriate limitations upon the entry in its order.

Note: Corrects punctuation.

AB969, s. 106 Section 106. 229.850 of the statutes, as created by 1999 Wisconsin Act 65, is amended to read:

AB969,39,23 229.850 Special fund for payment of principal and interest costs on certain bonds. The district may maintain a special fund into which it deposits any income or property of the district that is used for the payment of principal and interest costs of bonds issued by the district or by a community development authority created under s.66.4325 66.1335 for purposes related to the district.

Note: Inserts correct cross-reference reflecting renumbering by 1999 Wis. Act (ab 710).

AB969, s. 107 Section 107. 230.08 (2) (yz) of the statutes is repealed.

Note: By its terms, this provision has no application after June 30, 1999.

AB969, s. 108 Section 108. The treatment of 230.36 (2m) (a) 19. of the statutes by 1999 Wisconsin Act 63, section 77, is not repealed by 1999 Wisconsin Act 85, section 12. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 230.36 (2m) (a) 19. reads:

19. A fire fighter employed at the Wisconsin Veterans Home at King or at the facilities operated by the department of veterans affairs under s. 45.385.

AB969, s. 109 Section 109. 252.10 (7) of the statutes, as affected by 1999 Wisconsin Acts 9 and 32, is amended to read:

AB969,40,10 252.10 (7) Drugs necessary for the treatment of mycobacterium tuberculosis shall be purchased by the department from the appropriation under s. 20.435 (5) (e) and dispensed to patients through the public health dispensaries XI, local health departments, physicians or advanced practice nurse prescribers.

Note: The stricken text was inserted by 1999 Wis. Act 32 but rendered surplusage by the treatment of this provision by 1999 Wis. Act 9.

AB969, s. 110 Section 110. 253.12 (1) (b) of the statutes, as affected by 1999 Wisconsin Act .... (Senate Bill 290), is amended to read:

AB969,40,15 253.12 (1) (b) "Pediatric specialty clinic" means a clinic the primary purpose of which is to provide pediatric specialty diagnostic, counseling and medical management services to persons with birth defects by a physician subspecialist.

Note: Inserts missing article.

AB969, s. 111 Section 111. 254.15 (1) of the statutes, as affected by 1999 Wisconsin Act .... (Assembly Bill 806), is amended to read:

AB969,41,11 254.15 (1) Develop and implement a comprehensive statewide lead poisoning or lead exposure prevention and treatment program that includes lead poisoning or lead exposure prevention grants under s. 254.151; any childhood lead poisoning screening requirement under rules promulgated under ss. 254.158 and 254.162; any requirements regarding care coordination and follow-up for children with lead poisoning or lead exposure required under rules promulgated under s. 254.164; departmental responses to reports of lead poisoning or lead exposure under s. 254.166; any lead investigation requirements under rules promulgated under ss. 254.167; any lead inspection requirements under rules promulgated under 254.168; any lead hazard reduction requirements under rules promulgated under s. 254.172; certification, accreditation and approval requirements under ss. 254.176 and 254.178; any certification requirements and procedures under rules promulgated under s. 254.179; and any fees imposed under s. 254.181.

Note: The underscored semicolon was inserted by 1999 Wis. Act (ab 806) without being shown as underscored. The change was intended.

AB969, s. 112 Section 112. 254.172 (2) of the statutes, as created by 1999 Wisconsin Act .... (Assembly Bill 806), is amended to read:

AB969,41,20 254.172 (2) If a certified lead risk assessor or other person certified under s. 254.176 conducts a lead investigation of a dwelling or premises, he or she shall conduct the lead investigation and issue a report in accordance with any rules promulgated under s. 254.167. If the report indicates that the dwelling or premises meets criteria under s. 254.179 (1) (a) for issuance of a certificate of lead-free status or of a certificate of lead-safe status, the lead risk assessor or other person shall issue the appropriate certificate, subject to s. 254.181.

Note: Inserts necessary word.

AB969, s. 113 Section 113. 293.45 (1) of the statutes is amended to read:

AB969,42,9 293.45 (1) 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. s. 293.35 (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).

Note: Inserts correct cross-reference. 1995 Wis. Act 227 renumbered this provision from s. 144.84 (2) but did not change the then existing cross-reference to s. 144.84 (1), which was renumbered by the same act to s. 293.35 (1).

AB969, s. 114 Section 114. 301.45 (5m) (a) 3. b. of the statutes, as created by 1999 Wisconsin Act 89, is amended to read:

AB969,42,15 301.45 (5m) (a) 3. b. Ten years from the date on which the person was released from prison or placed on parole, probation, extended supervision or other supervised release for the sex offense which that subjects the person to the requirements of this section.

Note: Replaces "which" with "that" to correct grammar.