AB100: Bill Text

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:

AB100,981,8 234.01 (4n) (a) 3m. e. The facility is located in a targeted area, as determined by the authority after considering the factors set out in s. 560.605 (2m) (a) to (h) 560.605 (2m) (c), 2003 stats., s. 560.605 (2m) (d), 2003 stats., s. 560.605 (2m) (e), 2003 stats., and s.560.605 (2m) (a), (b), and (f) to (h).

AB100, s. 2119 Section 2119. 237.15 of the statutes is repealed.

AB100, s. 2120 Section 2120. 250.041 (1) (a) of the statutes is repealed.

AB100, s. 2121 Section 2121. 250.05 (title) of the statutes is renumbered 440.70 (title).

AB100, s. 2122 Section 2122. 250.05 (1) of the statutes is renumbered 440.70 (1).

AB100, s. 2123 Section 2123. 250.05 (2) of the statutes is renumbered 440.70 (2).

AB100, s. 2124 Section 2124. 250.05 (3) of the statutes is renumbered 440.70 (3) and amended to read:

AB100,981,19 440.70 (3) Sanitarians; employment or contractual services. Any agency of the state may employ or contract for the services of sanitarians, registered under this section, who shall enforce the public health statutes under chs. 250 to 255 or rules promulgated under those statutes.

AB100, s. 2125 Section 2125. 250.05 (5) of the statutes is renumbered 440.70 (5) and amended to read:

AB100,982,2 440.70 (5) Registration. Except as provided in sub. (8m) and s. 250.041 s. 440.12 or 440.13, the department, upon application on forms prescribed by it and payment of the prescribed fee, shall register as a sanitarian any person who has presented evidence satisfactory to the department that standards and qualifications of the department, as established by rule, have been met.

AB100, s. 2126 Section 2126. 250.05 (6) of the statutes is renumbered 440.70 (6) and amended to read:

AB100,982,15 440.70 (6) Fees: renewal of registration; delinquency and reinstatement. A fee fixed by rule of the department shall accompany the application under sub. (5) and, beginning January 1, 1988, a biennial fee of $25 shall be paid by every registered sanitarian who desires to continue registration. The amounts of the fees may be adjusted by the department by rule. All certificates of registration shall expire on December 31 in each odd-numbered year. Except as provided in sub. (8m) and s. 250.041, the department may renew registrations upon application made after January 1 of each even-numbered year if it is satisfied that the applicant has good cause for not making application in December of the immediately preceding year and upon payment of the biennial fee and any additional fees prescribed by the department).

AB100, s. 2127 Section 2127. 250.05 (7) of the statutes is renumbered 440.70 (7).

AB100, s. 2128 Section 2128. 250.05 (8) of the statutes is renumbered 440.70 (8) and amended to read:

AB100,982,24 440.70 (8) Revocation of registration. The department may, after a hearing held in conformance with ch. 227, except as provided in sub. (8m) (e), revoke or, deny, suspend, or limit under this section subchapter the registration of any sanitarian, or reprimand the sanitarian, for practice of fraud or deceit in obtaining the registration or any gross professional negligence unprofessional conduct, incompetence, or misconduct professional negligence.

AB100, s. 2129 Section 2129. 250.05 (8m) of the statutes is repealed.

AB100, s. 2130 Section 2130. 250.05 (9) of the statutes is repealed.

AB100, s. 2131 Section 2131. 250.10 of the statutes is renumbered 250.10 (intro.) and amended to read:

AB100,983,5 250.10 Grant Grants for dental and oral health services. (intro.) From the appropriation under s. 20.435 (5) (de), the:

AB100,983,13 (1) The department shall provide funding in each fiscal year to the Marquette University School of Dentistry for clinical education of Marquette University School of Dentistry students through the provision of dental services by the students and faculty of the Marquette University School of Dentistry in underserved areas and to underserved populations in the state, as determined by the department in conjunction with the Marquette University School of Dentistry; to inmates of correctional centers in Milwaukee County; and in clinics in the city of Milwaukee. Beginning July 1, 2000, the.

AB100,983,17 (2) The department shall also distribute in each fiscal year to qualified applicants grants totaling $25,000 for fluoride supplements, $25,000 for a fluoride mouth-rinse program, and $60,000 $120,000 for a school-based dental sealant program.

AB100, s. 2132 Section 2132. 250.10 (3) of the statutes is created to read:

AB100,983,20 250.10 (3) The department may provide funding to technical college district boards to provide oral health services.

AB100, s. 2133 Section 2133. 252.12 (2) (a) 8. of the statutes is amended to read:

AB100,984,7 252.12 (2) (a) 8. `Life care and early intervention services.' The department shall award not more than $1,994,900 $2,569,900 in fiscal year 2001-02 2005-06 and not more than $2,069,900 in each fiscal year thereafter in grants to applying organizations for the provision of needs assessments; assistance in procuring financial, medical, legal, social and pastoral services; counseling and therapy; homecare services and supplies; advocacy; and case management services. These services shall include early intervention services. The department shall also award not more than $74,000 in each year from the appropriation under s. 20.435 (7) (md) for the services under this subdivision. The state share of payment for case management services that are provided under s. 49.45 (25) (be) to recipients of medical assistance shall be paid from the appropriation under s. 20.435 (5) (am).

AB100, s. 2134 Section 2134. 254.15 (1) of the statutes is amended to read: