SB40: Bill Text

SB40,1233,8 101.143 (2) (em) 1. The department may promulgate rules that specify a fee that must be paid by a service provider as a condition of submitting a bid to conduct an activity under sub. (3) (c) for which a claim for reimbursement payment under this section will be submitted. Any fees collected under the rules shall be deposited into the petroleum inspection fund.

SB40, s. 2617 Section 2617. 101.143 (3) (c) (intro.) of the statutes is amended to read:

SB40,1233,13 101.143 (3) (c) Investigations, remedial action plans and remedial action activities. (intro.) Before submitting an application under par. (f), except as provided under par. (g) and sub. (4s), an owner or operator or the person shall do all of the following:

SB40, s. 2618 Section 2618. 101.143 (3) (cs) 1. of the statutes is amended to read:

SB40,1233,21 101.143 (3) (cs) 1. The department of commerce shall review the remedial action plan for a site that is classified as low or medium risk under s. 101.144 and shall determine the least costly method of complying with par. (c) 3. and with enforcement standards. The department shall notify the owner or operator of its determination of the least costly method and shall notify the owner or operator that reimbursement payment for remedial action under this section is limited to the amount necessary to implement that method.

SB40, s. 2619 Section 2619. 101.143 (3) (cs) 2. of the statutes is amended to read:

SB40,1234,4 101.143 (3) (cs) 2. The department of natural resources and the department of commerce shall review the remedial action plan for a site that is classified as high risk under s. 101.144 and shall jointly determine the least costly method of complying with par. (c) 3. and with enforcement standards. The departments shall notify the owner or operator of their determination of the least costly method and shall notify the owner or operator that reimbursement payment for remedial action under this section is limited to the amount necessary to implement that method.

SB40, s. 2620 Section 2620. 101.143 (4) (a) 1. of the statutes is amended to read:

SB40,1234,10 101.143 (4) (a) 1. If the department finds that the claimant meets all of the requirements of this section and any rules promulgated under this section, the department shall issue an award to reimburse a claimant pay for eligible costs incurred because of a petroleum products discharge from a petroleum product storage system or home oil tank system.

SB40, s. 2621 Section 2621. 101.143 (4) (a) 2. (intro.) of the statutes is amended to read:

SB40,1234,14 101.143 (4) (a) 2. (intro.) The department may not issue an award under this paragraph before all eligible costs have been incurred and written approval is received under sub. (3) (c) 4., except as follows:

SB40, s. 2622 Section 2622. 101.143 (4) (a) 2. c. of the statutes is created to read:

SB40,1234,17 101.143 (4) (a) 2. c. The department may issue an award before all eligible costs have been incurred as provided under sub. (4s).

SB40, s. 2623 Section 2623. 101.143 (4) (cm) of the statutes is amended to read:

SB40,1235,5 101.143 (4) (cm) Usual and customary costs. The department shall establish a schedule of usual and customary costs for items under par. (b) that are commonly associated with claims under this section. The department shall use that schedule to determine the amount of eligible costs for an occurrence for which a competitive bidding process is not used, except in circumstances under which higher costs must be incurred to comply with sub. (3) (c) 3. and with enforcement standards. For an occurrence for which a competitive bidding process is used, the department may not use the schedule. In the schedule, the department shall specify the maximum number of reimbursable compensable hours for particular tasks and the maximum reimbursable compensable hourly rates for those tasks. The department shall use methods of data collection and analysis that enable the schedule to be revised to reflect changes in actual costs.

SB40, s. 2624 Section 2624. 101.143 (4) (e) 1. b. of the statutes is amended to read:

SB40,1235,10 101.143 (4) (e) 1. b. Eligible costs, under par. (b), incurred on or after December 22, 2001, by the owner or operator of a petroleum product storage system that is not an underground petroleum product storage system if those costs are not reimbursable payable under par. (dm) 1.

SB40, s. 2625 Section 2625. 101.143 (4) (e) 1. c. of the statutes is amended to read:

SB40,1235,14 101.143 (4) (e) 1. c. Eligible costs, under par. (b), incurred on or after December 22, 2001, by the owner or operator of an underground petroleum product storage tank system if those costs are not reimbursable payable under par. (d) 1.

SB40, s. 2626 Section 2626. 101.143 (4s) of the statutes is created to read:

SB40,1236,3 101.143 (4s) Direct payment of awards. (a) Application. Notwithstanding the requirement in sub. (3) (a) (intro.) that a claim be submitted to reimburse an owner or operator or person owning a home oil tank system for costs that the owner or operator or person incurs and notwithstanding the documentation requirements under sub. (3) (f), the department may authorize an owner or operator or a person owning a home oil tank system to submit a claim to the department for an award to be paid by the department directly to consultants and contractors with whom the department contracts to conduct an investigation to determine the extent of environmental damage caused by a petroleum products discharge from a petroleum product storage system or home oil tank system, prepare a remedial action plan that identifies specific remedial action activities proposed to be conducted, and conduct remedial action activities at the site of the discharge from the petroleum product storage system or home oil tank system.

SB40,1236,11 (b) Approval of application. If the department determines that an owner or operator or person owning a home oil tank system who submits a claim under par. (a) is eligible under this section, the department may approve the claim; contract with consultants and contractors to conduct the investigation, prepare the remedial action plan, and conduct remedial action activities; and pay the award to the service providers in amounts determined under sub. (4), subject to par. (c). If the department approves a claim under this paragraph, the requirements in sub. (3) (a) 6. to 9. apply to the consultants and contractors, rather than the claimant.

SB40,1236,13 (c) Exclusion from eligible costs. Eligible costs for an award under par. (b) do not include the costs specified in sub. (4) (b) 15.

SB40, s. 2627 Section 2627. 101.143 (9) (b) of the statutes is amended to read:

SB40,1236,18 101.143 (9) (b) The department may inspect any document in the possession of an owner or operator, person owning a home oil tank system or service provider or any other person if the document is relevant to a claim for reimbursement payment under this section.

SB40, s. 2628 Section 2628. 101.143 (9m) (e) of the statutes is amended to read:

SB40,1236,25 101.143 (9m) (e) The department shall have all other powers necessary and convenient to distribute the special fund revenues and to distribute the proceeds of the revenue obligations in accordance with subch. II of ch. 18 and, if designated a higher education bond, in accordance with subch. IV of ch. 18, and to make payments under an agreement or ancillary arrangement entered into under s. 18.55 (6) with respect to revenue obligations issued under this subsection.

SB40, s. 2629 Section 2629. 101.143 (9m) (g) 2. of the statutes is amended to read:

SB40,1237,11 101.143 (9m) (g) 2. Revenue obligations issued under this subsection may not exceed $436,000,000 in principal amount, excluding any obligations that have been defeased under a cash optimization program administered by the building commission. In addition to this limit on principal amount, the building commission may contract revenue obligations under this subsection as the building commission determines is desirable to fund or refund outstanding revenue obligations, to pay issuance or administrative expenses, to make deposits to reserve funds, or to pay accrued or capitalized interest, and to make payments under an agreement or ancillary arrangement entered into under s. 18.55 (6) with respect to revenue obligations issued under this subsection.

SB40, s. 2630 Section 2630. 101.143 (10) (a) of the statutes is amended to read:

SB40,1237,16 101.143 (10) (a) Any owner or operator, person owning a home oil tank system or service provider who fails to maintain a record as required by rules promulgated under sub. (9) (a) may be required to forfeit not more than $2,000 $5,000. Each day of continued violation constitutes a separate offense.

SB40, s. 2631 Section 2631. 101.143 (10) (b) of the statutes is amended to read:

SB40,1237,20 101.143 (10) (b) Any owner or operator, person owning a home oil tank system or service provider who intentionally destroys a document that is relevant to a claim for reimbursement payment under this section is guilty of a Class G felony.

SB40, s. 2632 Section 2632. 101.143 (11) (e) of the statutes is amended to read:

SB40,1237,24 101.143 (11) (e) The charges by service providers other than engineering consultants for services for which reimbursement payment is provided under this section, including excavating, hauling, laboratory testing and landfill disposal.

SB40, s. 2633 Section 2633. 101.1435 of the statutes is created to read:

SB40,1238,3 101.1435 Removal and closure of underground petroleum storage tanks. (1) In this section, "underground petroleum product storage tank system" has the meaning given in s. 101.143 (1) (i).

SB40,1238,7 (2) The department may contract with a person registered or certified under s. 101.09 (3) to empty, clean, remove, and dispose of an underground petroleum product storage tank system that has not been properly closed and to backfill the excavation if any of the following applies:

SB40,1238,9 (a) The department is unable to identify the owner of, or other person responsible for, the underground petroleum product storage tank system.

SB40,1238,14 (b) Using the method that the department uses to determine inability to pay under s. 101.143 (4) (ee), the department determines that the owner of the underground petroleum product storage tank system is unable to pay to empty, clean, remove, and dispose of the underground petroleum product storage tank system.

SB40,1238,17 (c) The department determines that the owner of the underground petroleum product storage tank system is unwilling to pay to empty, clean, remove, and dispose of the underground petroleum product storage tank system.

SB40,1238,20 (3) The department shall pay the costs incurred under sub. (2) from the appropriation under s. 20.143 (3) (v). The department may not pay more than $250,000 annually under this section.

SB40,1239,3 (4) If the department incurs costs under sub. (2), the department shall record a statement of lien with the register of deeds of the county in which the underground petroleum product storage tank system was located. Upon recording the statement of lien, the department has a lien on the property on which the underground petroleum product storage tank system was located in the amount of the costs incurred. The property remains subject to the lien until that amount is paid in full to the department. The department shall deposit payments received under this subsection into the petroleum inspection fund.

SB40, s. 2634 Section 2634. 101.177 (1) (d) of the statutes is amended to read:

SB40,1239,13 101.177 (1) (d) "State agency" means any office, department, agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law , that is entitled to expend moneys appropriated by law, including the legislature and the courts, the Wisconsin Housing and Economic Development Authority, the Bradley Center Sports and Entertainment Corporation, the University of Wisconsin Hospitals and Clinics Authority, the Wisconsin Aerospace Authority, and the Wisconsin Health and Educational Facilities Authority, and the Healthy Wisconsin Authority, but excluding the Health Insurance Risk-Sharing Plan Authority.

SB40, s. 2635 Section 2635. 101.654 (1m) (e) of the statutes is amended to read:

SB40,1239,18 101.654 (1m) (e) The continuing education approved by the department under par. (b) 1. shall include courses offered by private organizations with whom the department contracts under s. 101.657. The department may approve courses that are offered by other states.

SB40, s. 2636 Section 2636. 101.657 (title) of the statutes is amended to read:

SB40,1239,20 101.657 (title) Education contracts for builders and consumers.

SB40, s. 2637 Section 2637. 101.657 (1) of the statutes is amended to read:

SB40,1239,25 101.657 (1) The department shall may contract with a private organization to provide education regarding construction standards and inspection requirements under this subchapter and under rules promulgated under this subchapter to builders of dwellings in this state.

SB40, s. 2638 Section 2638. 101.657 (2) of the statutes is repealed.

SB40, s. 2639 Section 2639. 101.657 (3) of the statutes is repealed.

SB40, s. 2640 Section 2640. 101.657 (4) of the statutes is amended to read:

SB40,1240,9 101.657 (4) Each contract under sub. (1), (2), and (3) shall be a separate contract. The department is limited for these contracts to contracting only with organizations that are may only contract with an organization under this section if the organization is described in section 501 (c) (6) of the Internal Revenue Code and are is exempt from federal income tax under section 501 (a) of the Internal Revenue Code.

SB40, s. 2641 Section 2641. 101.657 (5) of the statutes is repealed.

SB40, s. 2642 Section 2642. 102.01 (2) (d) of the statutes is amended to read:

SB40,1240,14 102.01 (2) (d) "Municipality" includes a county, city, town, village, school district, sewer district, drainage district and family long-term care district and other public or quasi-public corporations.

SB40, s. 2643 Section 2643. 102.04 (1) (a) of the statutes is amended to read:

SB40,1240,18 102.04 (1) (a) The state, each county, city, town, village, school district, sewer district, drainage district, family long-term care district and other public or quasi-public corporations therein.

SB40, s. 2644 Section 2644. 102.27 (2) (a) of the statutes is amended to read:

SB40,1240,21 102.27 (2) (a) A benefit under this chapter is assignable under s. 46.10 (14) (e), 49.345 (14) (e), 301.12 (14) (e), 767.225 (1) (L), 767.513 (3), or 767.75 (1) or (2m).

SB40, s. 2645 Section 2645. 102.29 (8r) of the statutes is amended to read:

SB40,1241,6 102.29 (8r) No participant in a food stamp employment and training program under s. 49.13 49.79 (9) who, under s. 49.13 (2) (d) 49.79 (9) (a) 5., is provided worker's compensation coverage by the department of health and family services or by a Wisconsin works Works agency, as defined in s. 49.001 (9), or other provider under contract with the department of health and family services or a county department under s. 46.215, 46.22, or 46.23 or tribal governing body to administer the food stamp employment and training program and who makes a claim for compensation under this chapter may make a claim or maintain an action in tort against the employer who provided the employment and training from which the claim arose.

SB40, s. 2646 Section 2646. 102.81 (2) of the statutes is amended to read:

SB40,1241,20 102.81 (2) The department may retain an insurance carrier or insurance service organization to process, investigate and pay claims under this section and may obtain excess or stop-loss reinsurance with an insurance carrier authorized to do business in this state in an amount that the secretary determines is necessary for the sound operation of the uninsured employers fund. In cases involving disputed claims, the department may retain an attorney to represent the interests of the uninsured employers fund and to make appearances on behalf of the uninsured employers fund in proceedings under ss. 102.16 to 102.29. Section 20.930 and all provisions of subch. IV of ch. 16, except ss. 16.753 and 16.771, do not apply to an attorney hired under this subsection. The charges for the services retained under this subsection shall be paid from the appropriation under s. 20.445 (1) (rp). The cost of any reinsurance obtained under this subsection shall be paid from the appropriation under s. 20.445 (1) (sm).

SB40, s. 2647 Section 2647. 103.001 (6) of the statutes is amended to read:

SB40,1242,2 103.001 (6) "Employer" means any person, firm, corporation, state, county, town, city, village, school district, sewer district, drainage district, family long-term care district and other public or quasi-public corporations as well as any agent, manager, representative or other person having control or custody of any employment, place of employment or of any employee.

SB40, s. 2648 Section 2648. 103.005 (17) of the statutes is repealed.

SB40, s. 2649 Section 2649. 103.005 (18) of the statutes is repealed.

SB40, s. 2650 Section 2650. 106.18 of the statutes is created to read:

SB40,1242,8 106.18 Youth programs in 1st class cities. From the appropriation account under s. 20.445 (1) (kb), the department shall implement and operate youth summer jobs programs in 1st class cities.

SB40, s. 2651 Section 2651. 108.20 (2m) of the statutes is amended to read:

SB40,1243,5 108.20 (2m) From the moneys not appropriated under s. 20.445 (1) (ge), (gf), (gg), and (gi) which (gd) that are received by the administrative account as interest and penalties under this chapter, the department shall pay the benefits chargeable to the administrative account under s. 108.07 (5) and the interest payable to employers under s. 108.17 (3m), and may expend the remainder to pay interest due on advances to the unemployment reserve fund from the federal unemployment account under title XII of the social security act, 42 USC 1321 to 1324, may to conduct research relating to the condition of the unemployment reserve fund under s. 108.14 (6), to administer the unemployment insurance program and federal or state unemployment insurance programs authorized by the governor under s. 16.54, to renovate and modernize unemployment insurance information technology systems, to assist the department of justice in the enforcement of this chapter, to make payments to satisfy a federal audit exception concerning a payment from the fund or any federal aid disallowance involving the unemployment insurance program, or may to make payments to the fund if such action is necessary to obtain a lower interest rate or deferral of interest payments on advances from the federal unemployment account under title XII of the social security act, except that any interest earned pending disbursement of federal employment security grants under s. 20.445 (1) (n) shall be credited to the general fund. Any moneys reverting to the administrative account from the appropriations under s. 20.445 (1) (ge) and (gf) shall be utilized as provided in this subsection.

SB40, s. 2652 Section 2652. 110.09 of the statutes is created to read:

SB40,1243,18 110.09 Background investigations of certain persons. (1) (a) Notwithstanding ss. 111.321, 111.322, and 111.335, the department of transportation, with the assistance of the department of justice, shall conduct a background investigation of any person who has been selected to fill a position within the division of the department of transportation responsible for issuing operator's licenses and identification cards. This background investigation may include requiring the person to be fingerprinted on 2 fingerprint cards each bearing a complete set of the person's fingerprints, or by other technologies approved by law enforcement agencies. The department of justice shall submit any such fingerprint cards to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining records of his or her criminal arrests and convictions.

SB40,1243,25 (b) Notwithstanding ss. 111.321, 111.322, and 111.335, at any interval determined appropriate by the department, the department may conduct, in the manner specified in par. (a), additional background investigations of any person for whom an initial background investigation has been conducted under par. (a) and background investigations of other persons employed by the department within the division of the department responsible for issuing operator's licenses and identification cards.

SB40,1244,2 (c) The department shall promulgate rules governing confidentiality of information obtained under this subsection.

SB40,1245,2 (2) Notwithstanding ss. 111.321, 111.322, and 111.335, the department shall require, as a precondition to allowing access to any information system in which is stored information maintained by the division of the department responsible for issuing operator's licenses and identification cards, that any person to whom access is granted submit to a background investigation as provided in this subsection. Notwithstanding ss. 111.321, 111.322, and 111.335, the department shall require the employer, including any state agency, of any person to whom the information will be made available to conduct the background investigation in a manner prescribed by the department. The department may require, as part of this background investigation, that the person be fingerprinted in the manner described in sub. (1) (a) and that these fingerprints be provided to the department of justice for submission to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining records of his or her criminal arrests and convictions. Notwithstanding ss. 111.321, 111.322, and 111.335, the department shall require that the employer certify the results of the background investigation and, based upon these results, may deny or restrict access to any information requested. In addition to the initial background investigation required under this subsection, the department may require on a periodic basis subsequent background investigations consistent with this subsection for persons with ongoing access to information. Any cost associated with the requirements under this subsection is the responsibility of the employer. For purposes of this subsection, "employer" includes a self-employed person. The department shall promulgate rules governing background investigations, and confidentiality of information obtained, under this subsection.

SB40, s. 2653 Section 2653. 110.20 (7) of the statutes is amended to read:

SB40,1245,7 110.20 (7) Voluntary inspections. The inspection and maintenance program shall require inspection of any nonexempt vehicle which a person presents for inspection at an inspection station or at any other location where, as established under sub. (8) (bm), the vehicle may be inspected.

SB40, s. 2654 Section 2654. 110.20 (8) (title) of the statutes is amended to read:

SB40,1245,9 110.20 (8) (title) Contractors and other inspection methods.

SB40, s. 2655 Section 2655. 110.20 (8) of the statutes is renumbered 110.20 (8) (am), and 110.20 (8) (am) 1., as renumbered, is amended to read:

SB40,1245,23 110.20 (8) (am) 1. The emissions test and equipment inspection of nonexempt vehicles shall may be performed by persons under contract with the department. The Each such contract shall require the contractor to operate inspection stations for a minimum of 3 years and shall provide for equitable compensation to the contractor if the operation of an inspection and maintenance program within any county is terminated within 3 years after the inspection and maintenance program in the county is begun. No officer, director or employee of the contractor may be an employee of the department or a person engaged in the business of selling, maintaining or repairing motor vehicles or of selling motor vehicle replacement or repair parts. The department shall require the contractor to operate a sufficient number of inspection stations, permanent or mobile, to ensure public convenience in those counties identified under sub. (5).

SB40, s. 2656 Section 2656. 110.20 (8) (am) 1m. of the statutes is created to read:

SB40,1246,5 110.20 (8) (am) 1m. Each contract under subd. 1. may authorize or require the contractor to install and operate self-service inspection stations and may allow the use of different methods for emissions testing and equipment inspection, consistent with methods established under par. (bm), than those used at inspection stations that are not self-service.

SB40, s. 2657 Section 2657. 110.20 (8) (bm) of the statutes is created to read:

SB40,1246,16 110.20 (8) (bm) The department may establish methods for emissions testing and equipment inspection of nonexempt vehicles in addition to testing and inspection by contractors. These methods may include the installation and operation by the department of self-service inspection stations and the utilization of any technology related to emissions or data transmission with which motor vehicles may be equipped. The department may establish methods for emissions testing and equipment inspection specifically applicable to self-service inspection stations, which methods shall apply equally to self-service inspection stations operated by contractors under par. (am) 1m. and self-service inspection stations operated by the department under this paragraph.