SB40: Bill Text

SB40, s. 2601 Section 2601. 94.77 (2) of the statutes is created to read:

SB40,1229,3 94.77 (2) In lieu of the criminal penalty under sub. (1), a person who violates any provision of this chapter for which a specific penalty is not prescribed, or an order issued or rule promulgated under such a provision, may be required to forfeit not less than $200 nor more than $5,000 or, for an offense committed within 5 years of an offense for which a penalty has been assessed under this section, may be required to forfeit not less than $400 nor more than $10,000.

SB40, s. 2602 Section 2602. 94.77 (3) of the statutes is created to read:

SB40,1229,6 94.77 (3) The department may seek an injunction restraining any person from violating this chapter or a rule promulgated under this chapter.

SB40, s. 2603 Section 2603. 100.20 (1n) of the statutes is amended to read:

SB40,1229,10 100.20 (1n) It is an unfair method of competition or an unfair trade practice for any person to sell cigarettes to consumers in this state in violation of s. 139.345 or to sell tobacco products to consumers in this state in violation of s. 139.795.

SB40, s. 2604 Section 2604. 100.30 (2) (c) 1. b. of the statutes is amended to read:

SB40,1229,21 100.30 (2) (c) 1. b. For every person holding a permit as a bonded direct marketer as defined in s. 139.30 (1d), as a distributor as defined in s. 139.30 (3), or as a multiple retailer as defined in s. 139.30 (8), with respect to that portion of the person's business which involves the purchase and sale of cigarettes "cost to wholesaler" means the cost charged by the cigarette manufacturer, disregarding any manufacturer's discount or any discount under s. 139.32 (5), plus the amount of tax imposed under s. 139.31. Except for a sale at wholesale between wholesalers, a markup to cover a proportionate part of the cost of doing business shall be added to the cost to wholesaler. In the absence of proof of a lesser cost, this markup shall be 3% of the cost to wholesaler as set forth in this subd. 1. b.

SB40, s. 2605 Section 2605. 100.30 (2) (L) (intro.) of the statutes is amended to read:

SB40,1230,2 100.30 (2) (L) (intro.) "Wholesaler" includes every person holding a permit as a bonded direct marketer as defined in s. 139.30 (1d) or as a multiple retailer under s. 139.30 (8) and every person engaged in the business of making sales at wholesale, other than sales of motor vehicle fuel at wholesale, within this state except as follows:

SB40, s. 2606 Section 2606. 100.30 (2) (L) 2. of the statutes is amended to read:

SB40,1230,8 100.30 (2) (L) 2. In the case of a person holding a permit as a bonded direct marketer as defined in s. 139.30 (1d) or as a multiple retailer as defined in s. 139.30 (8), "wholesaler" applies to that portion of the person's business involving the purchase and sale of cigarettes and to any wholesale portion of that person's business.

SB40, s. 2607 Section 2607. 100.45 (1) (dm) of the statutes is amended to read:

SB40,1230,18 100.45 (1) (dm) "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 which 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 Health and Educational Facilities Authority, the Wisconsin Aerospace Authority, and the Fox River Navigational System Authority, and the Healthy Wisconsin Authority.

SB40, s. 2608 Section 2608. 101.01 (4) of the statutes is amended to read:

SB40,1230,24 101.01 (4) "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. 2609 Section 2609. 101.02 (20) (e) 1. of the statutes is amended to read:

SB40,1231,6 101.02 (20) (e) 1. If an applicant who is an individual does not have a social security number, the applicant, as a condition of applying for or applying to renew a license shall submit a statement made or subscribed under oath or affirmation to the department of commerce that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development children and families.

SB40, s. 2610 Section 2610. 101.02 (21) (b) of the statutes is amended to read:

SB40,1231,15 101.02 (21) (b) As provided in the memorandum of understanding under s. 49.857 and except as provided in par. (e), the department of commerce may not issue or renew a license unless the applicant provides the department of commerce with his or her social security number. The department of commerce may not disclose the social security number except that the department of commerce may disclose the social security number of an applicant for a license under par. (a) or a renewal of a license under par. (a) to the department of workforce development children and families for the sole purpose of administering s. 49.22.

SB40, s. 2611 Section 2611. 101.02 (21) (c) of the statutes is amended to read:

SB40,1231,24 101.02 (21) (c) As provided in the memorandum of understanding under s. 49.857, the department may not issue or renew a license if the applicant or licensee is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse or if the applicant or licensee fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development children and families or a county child support agency under s. 59.53 (5) and relating to paternity or child support proceedings.

SB40, s. 2612 Section 2612. 101.02 (21) (d) of the statutes is amended to read:

SB40,1232,8 101.02 (21) (d) As provided in the memorandum of understanding under s. 49.857, the department shall restrict or suspend a license issued by the department if the licensee is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse or if the licensee fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development children and families or a county child support agency under s. 59.53 (5) and relating to paternity or child support proceedings.

SB40, s. 2613 Section 2613. 101.02 (21) (e) 1. of the statutes is amended to read:

SB40,1232,15 101.02 (21) (e) 1. If an applicant who is an individual does not have a social security number, the applicant, as a condition of applying for or applying to renew a license shall submit a statement made or subscribed under oath or affirmation to the department of commerce that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development children and families.

SB40, s. 2614 Section 2614. 101.09 (5) of the statutes is amended to read:

SB40,1232,21 101.09 (5) Penalties. Any person who violates this section or any rule or order adopted under this section shall forfeit not less than $10 nor more than $1,000 $5,000 for each violation. Each violation of this section or any rule or order under this section constitutes a separate offense and each day of continued violation is a separate offense.

SB40, s. 2615 Section 2615. 101.143 (1) (gs) of the statutes is amended to read:

SB40,1233,2 101.143 (1) (gs) "Service provider" means a consultant, testing laboratory, monitoring well installer, soil boring contractor, other contractor, lender or any other person who provides a product or service for which a claim for reimbursement payment has been or will be filed under this section, or a subcontractor of such a person.

SB40, s. 2616 Section 2616. 101.143 (2) (em) 1. of the statutes is amended to read:

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.