AB100: Bill Text

AB100,970,9 165.25 (4) (ar) The department of justice shall furnish all legal services required by represent the department of agriculture, trade, and consumer protection rural resources in any court action relating to the enforcement of ss. 100.171, 100.173, 100.174, 100.175, 100.177, 100.18, 100.182, 100.20, 100.205, 100.207, 100.209, 100.21, 100.28, 100.37, 100.42, 100.50 and 100.51 and chs. 126, 136, 344, 704, 707, and 779 ch. 126 and ss. 100.01 to 100.025, 100.05, 100.07, 100.14, 100.183 to 100.19, 100.201, 100.22, 100.235, 100.27, 100.285 to 100.297, 100.33 to 100.36, 100.45, 100.47, and 100.48, together with any other services as are necessarily connected to the legal services.

AB100, s. 2085 Section 2085. 165.252 of the statutes is created to read:

AB100,970,15 165.252 Consumer protection matters. The department of justice shall administer ss. 100.15 to 100.182, 100.20, 100.205, 100.207 to 100.2095, 100.28, 100.31, 100.37 to 100.44, 100.46, 100.50, and 100.52 and may promulgate rules to aid in the administration and enforcement of these sections. The department of justice may appear for the state in any court action relating to these sections.

AB100, s. 2086 Section 2086. 165.755 (1) (a) of the statutes is amended to read:

AB100,970,20 165.755 (1) (a) Except as provided in par. (b), a court shall impose under ch. 814 a crime laboratories and drug law enforcement surcharge of $7 $8 if the court imposes a sentence, places a person on probation, or imposes a forfeiture for a violation of state law or for a violation of a municipal or county ordinance.

AB100, s. 2087 Section 2087. 165.90 (title) of the statutes is repealed.

AB100, s. 2088 Section 2088. 165.90 (1) to (5) of the statutes are renumbered 16.964 (7m) (a) to (e), and 16.964 (7m) (a), (b) 2. and 9., (c), (cm) (intro.), (d) (intro.), 1. and 2. and (e) (intro.), as renumbered, are amended to read:

AB100,971,11 16.964 (7m) (a) Any county that has one or more a reservation of a federally recognized Indian reservations tribe within or partially within its boundaries or that borders a reservation of a federally recognized Indian tribe may enter into an agreement in accordance with s. 59.54 (12) with an Indian the tribe located in the county to establish a cooperative county-tribal law enforcement program. To be eligible to receive aid under this section subsection, a county and tribe shall develop and annually submit a joint program plan, by December 1 of the year prior to the year for which funding is sought, to the department of justice office for approval. If funding is sought for the 2nd or any subsequent year of the program, the county and tribe shall submit the report required under sub. (4) (b) par. (d) 2. together with the plan.

AB100,971,13 (b) 2. The program's need for funding under this section subsection and the amount of funding requested.

AB100,971,15 9. Any other information required by the department office or deemed relevant by the county and tribe submitting the plan.

AB100,971,17 (c) Upon request, the department office shall provide technical assistance to a county and tribe in formulating a joint program plan.

AB100,971,20 (cm) (intro.) In determining whether to approve a program plan and, if approved, how much aid the program shall receive, the department office shall consider the following factors:

AB100,972,2 (d) (intro.) If the department office approves a plan, the department office shall certify the program as eligible to receive aid under s. 20.455 (2) (kt) 20.505 (6) (kv). Prior to January 15, of the year for which funding is sought, the department office shall distribute from the appropriations under s. 20.455 (2) (kt) 20.505 (6) (kv) to each eligible program the amount necessary to implement the plan, subject to the following limitations:

AB100,972,4 1. A program may use funds received under s. 20.455 (2) (kt) 20.505 (6) (kv) only for law enforcement operations.

AB100,972,8 2. A program shall, prior to the receipt of funds under s. 20.455 (2) (kt) 20.505 (6) (kv) for the 2nd and any subsequent year, submit a report to the department office regarding the performance of law enforcement activities on the reservation in the previous fiscal year.

AB100,972,11 (e) (intro.) Annually, on or before January 15, the department office shall report on the performance of cooperative county-tribal law enforcement programs receiving aid under this section subsection to each of the following:

AB100, s. 2089 Section 2089. 165.92 (3) (a) of the statutes is amended to read:

AB100,972,18 165.92 (3) (a) Unless otherwise provided in a joint program plan under s. 165.90 (2) 16.964 (7m) (b) or an agreement between a political subdivision of this state and a tribe, the tribe that employs a tribal law enforcement officer is liable for all acts of the officer while acting within the scope of his or her employment and neither the state nor any political subdivision of the state may be held liable for any action of the officer taken under the authority of sub. (2) (a).

AB100, s. 2090 Section 2090. 166.03 (2) (a) 5. of the statutes is amended to read:

AB100,973,2 166.03 (2) (a) 5. Provide assistance to the Wisconsin wing of the civil air patrol from the appropriation under s. 20.465 (3) (f) (y) for the purpose of enabling the patrol to perform its assigned missions and duties as prescribed by U.S. air force regulations. Expenses eligible for assistance are aircraft acquisition and maintenance, communications equipment acquisition and maintenance and office staffing and operational expenses. The civil air patrol shall submit vouchers for expenses eligible for assistance to the division.

AB100, s. 2091 Section 2091. 166.215 (1) of the statutes is amended to read:

AB100,973,15 166.215 (1) Beginning July 1, 2001, the division shall contract with no more than 9 regional emergency response teams, one of which shall be located in La Crosse County. Each regional emergency response team shall assist in the emergency response to level A releases in a region of this state designated by the division. The division shall contract with at least one regional emergency response team in each area designated under s. 166.03 (2) (b) 1. The division may only contract with a local agency, as defined in s. 166.22 (1) (c), under this subsection. A member of a regional emergency response team shall meet the standards for a hazardous materials specialist in 29 CFR 1910.120 (q) (6) (iv) and national fire protection association standards NFPA 471 and 472. Payments to regional emergency response teams under this subsection shall be made from the appropriation account under s. 20.465 (3) (dd) (u).

AB100, s. 2092 Section 2092. 166.215 (2) of the statutes is amended to read:

AB100,974,3 166.215 (2) The division shall reimburse a regional emergency response team for costs incurred by the team in responding to an emergency involving a level A release, or a potential level A release, if the team followed the procedures in the rules promulgated under s. 166.20 (2) (bs) 1. to determine if an emergency requiring a response existed. Reimbursement under this subsection is limited to amounts collected under sub. (3) and the amounts appropriated under s. 20.465 (3) (dr) (x). Reimbursement is available under s. 20.465 (3) (dr) (x) only if the regional emergency response team has made a good faith effort to identify the person responsible under sub. (3) and that person cannot be identified, or, if that person is identified, the team has received reimbursement from that person to the extent that the person is financially able or has determined that the person does not have adequate money or other resources to reimburse the regional emergency response team.

AB100, s. 2093 Section 2093. 166.22 (3m) of the statutes is amended to read:

AB100,974,16 166.22 (3m) The division shall reimburse a local emergency response team for costs incurred by the team in responding to an emergency involving a hazardous substance release, or potential release, if the team followed the procedures in the rules promulgated under s. 166.20 (2) (bs) 2. to determine if an emergency requiring the team's response existed. Reimbursement under this subsection is limited to the amount appropriated under s. 20.465 (3) (dr) (x). Reimbursement is available under s. 20.465 (3) (dr) (x) only if the local emergency response team has made a good faith effort to identify the person responsible under sub. (4) and that person cannot be identified, or, if that person is identified, the team has received reimbursement from that person to the extent that the person is financially able or has determined that the person does not have adequate money or other resources to reimburse the local emergency response team.

AB100, s. 2094 Section 2094. 168.01 (2) of the statutes is amended to read:

AB100,975,6 168.01 (2) "Supplier" includes a person who imports, or acquires immediately upon import, petroleum products by pipeline or marine vessel from a state, territory or possession of the United States or from a foreign country into a terminal and who is registered under 26 USC 4101 for tax-free transactions in gasoline. "Supplier" also includes a person who produces in this state; or imports into a terminal or bulk plant; or acquires immediately upon import by truck, railcar or barge into a terminal; alcohol or alcohol derivative products. "Supplier" also includes a person who produces, manufactures or refines petroleum products in this state. "Supplier" also includes a person who acquires petroleum products pursuant to an industry terminal exchange agreement or by a 2-party exchange under section 4105 of the Internal Revenue Code. "Supplier" does not include a retail dealer or wholesaler who merely blends alcohol with gasoline before the sale or distribution of the product and does not include a terminal operator who merely handles in a terminal petroleum products consigned to the terminal operator.

AB100, s. 2095 Section 2095. 180.0122 (1) (w) of the statutes is amended to read:

AB100,975,13 180.0122 (1) (w) Application for certificate of withdrawal, $40, and in case that application shows that the foreign corporation employs in this state capital in excess of the amount of capital on which a fee has previously been paid, computed as provided in s. 180.1520 (2) (f), an additional fee which, with previous payments made on account of capital employed in this state, will amount to $2 $3 for each $1,000 or fraction thereof of the excess.

AB100, s. 2096 Section 2096. 180.0122 (1) (y) of the statutes is amended to read:

AB100,975,20 180.0122 (1) (y) Annual report of a foreign corporation, $65, and in case the annual report shows that the foreign corporation employs in this state capital in excess of the amount of capital on which a fee has previously been paid, computed as provided in s. 180.1503, an additional fee which, with previous payments made on account of capital employed in this state, will amount to $2 $3 for each $1,000 or fraction thereof of the excess.

AB100, s. 2097 Section 2097. 182.028 of the statutes is amended to read:

AB100,976,9 182.028 School corporations. Any corporation formed for the establishment and maintenance of schools, academies, seminaries, colleges, or universities or for the cultivation and practice of music shall have power to enact bylaws for the protection of its property, and provide fines as liquidated damages upon its members and patrons for violating the bylaws, and may collect the same in tort actions, and to prescribe and regulate the courses of instruction therein, and to confer such degrees and grant such diplomas as are usually conferred by similar institutions or as shall be appropriate to the courses of instruction prescribed, except that no corporation shall operate or advertise a school that is subject to s. 45.54 38.50 (10) without complying with the requirements of s. 45.54 38.50. Any stockholder may transfer his or her stock to the corporation for its use; and if the written transfer so provides the stock shall be perpetually held by the board of directors with all the rights of a stockholder, including the right to vote.

AB100, s. 2098 Section 2098. 196.219 (3m) of the statutes is created to read:

AB100,976,15 196.219 (3m) Late payment charges. (a) Maximum allowed. 1. Except as provided in subds. 2. and 3., a telecommunications utility may not impose a late payment charge on a retail consumer at a rate that exceeds $1.50 upon $100 for each month computed upon the declining principal balance of any amount that is not paid when due.

AB100,976,19 2. Except as provided in subd. 3., if the maximum late payment charge for any month that is allowed under subd. 1. is less than $5 for that month, the telecommunications utility may impose a late payment charge that does not exceed $5 for that month. This subdivision does not apply to residential retail consumers.

AB100,976,23 3. The commission may allow a telecommunications utility to impose a late payment charge at a rate that is greater than that allowed under subd. 1. or 2. if the commission determines that the greater amount is consistent with the factors specified in s. 196.03 (6).

AB100,977,2 (b) Payments to commission. 1. A telecommunications utility that imposes late payment charges that are subject to par. (a) shall pay to the commission, on a semiannual basis, 5 percent of such charges that are collected from nonresidential retail consumers.

AB100,977,4 2. The payments required under subd. 1. are due to the commission no later than 60 days after the conclusion of a semiannual period.

AB100,977,7 (c) Commission jurisdiction. The commission does not have jurisdiction over late payment charges except as may be necessary to enforce the requirements of this subsection.

AB100, s. 2099 Section 2099. 218.0116 (1) (gr) of the statutes is created to read:

AB100,977,9 218.0116 (1) (gr) Being a dealer who violates s. 218.0146 (4).

AB100, s. 2100 Section 2100. 218.0146 (4) of the statutes is created to read:

AB100,977,13 218.0146 (4) A motor vehicle dealer who is required to submit to the department an application for transfer of title and registration under s. 342.16 (1) (a) shall comply with the requirements of s. 342.16 (1) (am).

AB100, s. 2101 Section 2101. 218.0171 (2) (cq) of the statutes is amended to read:

AB100,977,20 218.0171 (2) (cq) Upon payment of a refund to a consumer under par. (b) 2. b., the manufacturer shall provide to the consumer a written statement that specifies the trade-in amount previously applied under s. 77.51 (4) (b) 3. or 3m. or (15) (b) 4. or 4m. (12m) (b) 5. or 6. or (15b) (b) 5. or 6. toward the sales price of the motor vehicle having the nonconformity and the date on which the manufacturer provided the refund.

AB100, s. 2102 Section 2102. 221.0903 (4) (b) of the statutes is amended to read:

AB100,978,3 221.0903 (4) (b) Contracts for examination services. The division may enter into contracts with any bank supervisory agency with concurrent jurisdiction over a state bank or an in-state branch of an out-of-state state bank to engage the services of the agency's examiners at a reasonable rate of compensation, or to provide the services of the division's examiners to the agency at a reasonable rate of compensation. Contracts entered into under this paragraph are exempt from ss. 16.70 to 16.76 and, 16.767 to 16.77, and 16.78 to 16.82.

AB100, s. 2103 Section 2103. 227.01 (13) (nm) of the statutes is created to read:

AB100,978,6 227.01 (13) (nm) Sets or adjusts premium rates, insurer assessments, or provider payment rates under ch. 149.

AB100, s. 2104 Section 2104. 227.01 (13) (zL) of the statutes is created to read:

AB100,978,9 227.01 (13) (zL) Relates to the trial jobs plus pilot project under s. 49.147 (3) (d).

AB100, s. 2105 Section 2105. 227.01 (13) (zL) of the statutes, as created by 2005 Wisconsin Act .... (this act), is repealed.

AB100, s. 2106 Section 2106. 230.08 (2) (e) 1. of the statutes is amended to read:

AB100,978,13 230.08 (2) (e) 1. Administration — 13 14.

AB100, s. 2107 Section 2107. 230.08 (2) (e) 5m. of the statutes is amended to read:

AB100,978,15 230.08 (2) (e) 5m. Historical society — 6 5.

AB100, s. 2108 Section 2108. 230.08 (2) (eg) of the statutes is created to read:

AB100,978,17 230.08 (2) (eg) A general counsel position in each of the following agencies:

AB100,978,18 1. Department of administration.

AB100,978,19 2. Department of agriculture, trade, and rural resources.

AB100,978,20 3. Department of commerce.

AB100,978,21 4. Department of corrections.

AB100,978,22 5. Department of financial institutions.

AB100,978,23 6. Department of health and family services.

AB100,978,24 7. Department of natural resources.

AB100,978,25 8. Department of regulation and licensing.

AB100,979,1 9. Department of revenue.

AB100,979,2 10. Department of transportation.

AB100,979,3 11. Department of workforce development.

AB100,979,4 12. Office of the commissioner of insurance.

AB100, s. 2109 Section 2109. 230.08 (2) (x) of the statutes is amended to read:

AB100,979,7 230.08 (2) (x) The executive director of the waste facility siting board, unless the board chooses to appoint the executive director under the classified service.

AB100, s. 2110 Section 2110. 230.12 (7m) of the statutes is amended to read:

AB100,979,14 230.12 (7m) Pay adjustment filing requirements. Except as provided in the rules of the director and in the compensation plan, pay increases shall be made only on the dates prescribed under sub. (8). Appointing authorities shall at such times each year as specified by the secretary director file with the director and with the secretary of administration a list of employees showing their then existing pay rates and their proposed new pay rates.

AB100, s. 2111 Section 2111. 230.45 (3) of the statutes is amended to read:

AB100,979,21 230.45 (3) The commission shall promulgate rules establishing a schedule of filing fees to be paid by any person who files an appeal under sub. (1) (c) or (e) or s. 230.44 (1) (a) or (b) with the commission on or after the effective date of the rules promulgated under this subsection. Fees paid under this subsection shall be deposited in the general fund as general purpose revenue - earned credited to the appropriation account under s. 20.425 (1) (i).

AB100, s. 2112 Section 2112. 230.85 (3) (b) of the statutes is amended to read:

AB100,980,10 230.85 (3) (b) If, after hearing, the division of equal rights finds that the respondent did not engage in or threaten a retaliatory action it shall order the complaint dismissed. The division of equal rights shall order the employee's appointing authority to insert a copy of the findings and orders into the employee's personnel file and, if the respondent is a natural person, order the respondent's appointing authority to insert such a copy into the respondent's personnel file. If the division of equal rights finds by unanimous vote that the employee filed a frivolous complaint it may order payment of the respondent's reasonable actual attorney fees and actual costs. Payment may be assessed against either the employee or the employee's attorney, or assessed so that the employee and the employee's attorney each pay a portion. To find a complaint frivolous the division of equal rights must find that either s. 814.025 (3) (a) or (b) applies or that both s. 814.025 (3) (a) and (b) apply.

AB100, s. 2113 Section 2113. 230.89 (1) of the statutes is renumbered 230.89.

AB100, s. 2114 Section 2114. 230.89 (2) of the statutes is repealed.

AB100, s. 2115 Section 2115. 231.01 (3m) (a) of the statutes is amended to read:

AB100,980,16 231.01 (3m) (a) Holds a license under s. 48.65 49.98, is certified under s. 48.651 49.156, is provisionally licensed under s. 48.69 49.99, or is established or contracted for under s. 120.13 (14).

AB100, s. 2116 Section 2116. 231.03 (intro.) of the statutes is amended to read:

AB100,980,21 231.03 Powers. (intro.) The authority has all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this chapter. In addition to all other powers granted by this chapter, subject to s. 231.035 the authority may:

AB100, s. 2117 Section 2117. 231.035 of the statutes is created to read:

AB100,981,3 231.035 Health care quality and patient safety board approval. Beginning on the effective date of this section .... [revisor inserts date], the authority may not provide any financial assistance to a health facility, hospital, or participating health institution unless the health facility, hospital, or participating health institution demonstrates to the health care quality and patient safety board that it is making progress to improve medical information systems technology.

AB100, s. 2118 Section 2118. 234.01 (4n) (a) 3m. e. of the statutes is amended to read: