SB279: Bill Text

SB279,27,23 (c) Each violation of a rule promulgated under sub. (5) or a requirement to provide information under sub. (6) (b) constitutes a separate offense, and each day of continued violation is a separate offense.

SB279,28,2 (d) 1. In lieu of any other penalty under this subsection, the department may directly assess a forfeiture by issuing an order against any person who violates a rule promulgated under sub. (5) or a requirement to provide information under sub. (6) (b). The department may not assess a forfeiture exceeding $5,000 for each violation.

SB279,28,4 2. The department shall promulgate rules specifying the procedures governing the assessment of forfeitures under this paragraph including all of the following:

SB279,28,5 a. The procedure for issuing an order for an alleged violation.

SB279,28,7 b. The amount of a forfeiture that the department may assess for an alleged violation, subject to the limit in subd. 1. and the considerations in par. (e).

SB279,28,8 c. The procedure for contesting an order issued for an alleged violation.

SB279,28,10 d. The procedure for contesting the assessment of a forfeiture for an alleged violation.

SB279,28,12 3. The department shall remit all forfeitures paid under this paragraph to the secretary of administration for deposit in the school fund.

SB279,28,14 4. All forfeitures that are not paid as required under this paragraph shall accrue interest at the rate of 12 percent per year.

SB279,28,18 5. The attorney general may bring an action in the name of the state to collect any forfeiture imposed, or interest accrued, under this paragraph if the forfeiture or interest has not been paid after the exhaustion of all administrative and judicial reviews.

SB279,28,21 (e) A court imposing a forfeiture under par. (a) or (b) or the department imposing a forfeiture under par. (d) shall consider all of the following in determining the amount of the forfeiture:

SB279,28,23 1. The appropriateness of the amount of the forfeiture considering the volume of business of the person subject to the forfeiture.

SB279,28,24 2. The gravity of the violation.

SB279,29,2 3. Any good faith attempt to achieve compliance after the person receives notice of the violation.

SB279, s. 49 Section 49. 168.05 (6) of the statutes is created to read:

SB279,29,6 168.05 (6) This section does not apply to a petroleum product that is a renewable fuel exempt under s. 78.01 (2n) from the tax under s. 78.01 (1) unless inspection is required by federal law.

SB279, s. 50 Section 50. 168.12 (2) of the statutes is created to read:

SB279,29,9 168.12 (2) The fee under sub. (1) is not imposed on a petroleum product that is a renewable fuel exempt under s. 78.01 (2n) from the tax under s. 78.01 (1).

SB279, s. 51 Section 51. 560.126 (1) of the statutes is renumbered 560.126 (1s), and 560.126 (1s) (d), as renumbered, is amended to read:

SB279,29,13 560.126 (1s) (d) The construction of one or more cellulosic ethanol production plants biorefineries.

SB279, s. 52 Section 52. 560.126 (1d) of the statutes is created to read:

SB279,29,16 560.126 (1d) In this section, "biorefinery" has the meaning given in s. 16.956 (1) (bg).

SB279, s. 53 Section 53. Nonstatutory provisions.

SB279,29,18 (1) Biofuels production facility regulatory review.

SB279,29,20 (a) There is created a biofuels production facility regulatory review committee consisting of 9 members appointed by the governor.

SB279,30,2 (b) The biofuels production facility regulatory review committee shall identify state and local regulatory burdens relating to the siting, construction, operation, and expansion of facilities for the production of biofuels and shall identify opportunities for streamlining regulations related to these processes. The committee shall submit a report on its findings to the governor and the standing committees of the legislature that oversee issues related to renewable energy no later than 2 years after the effective date of this paragraph.

SB279,30,4 (c) The biofuels production facility regulatory review committee terminates upon submission of the report under paragraph (b ).

SB279,30,6 (d) The department of administration shall assist the biofuels production facility regulatory review committee in the performance of its functions.

SB279,30,7 (2) Biofuels training assessment.

SB279,30,8 (a) In this subsection:

SB279,30,10 1. "Extension" means the community outreach, public service, and extension services of the system.

SB279,30,11 2. "Board" means the Board of Regents of the University of Wisconsin System.

SB279,30,12 3. "System" means the University of Wisconsin System.

SB279,30,18 (b) The extension, in cooperation with other programs in the system designated by the board and with the department of workforce development, the office of energy independence, and the technical college system board, shall assess educational needs in this state related to the production of biofuels and educational needs in this state related to the development and production of feedstocks for the production of biofuels.

SB279,30,23 (c) The extension shall report the findings from its assessment under paragraph (a) no later than the first day of the 18th month beginning after the effective date of this paragraph to the governor and the standing committees of the legislature that oversee issues related to renewable energy and agriculture under section 13.172 (3) of the statutes.

SB279, s. 54 Section 54. Initial applicability.

SB279,31,3 (1) The treatment of section 100.51 (6) of the statutes first applies to a motor vehicle fuel dealership agreement created, renewed, extended, or modified on the effective date of this subsection.

SB279,31,5 (2) The treatment of section 70.32 (2) (c) 1g., 1i., and 1k. of the statutes first applies to the property tax assessments as of January 1, 2011.

SB279,31,11 (3) The treatment of sections 71.07 (5j) (a) 2d. and 2m. and (b), 71.28 (5j) (a) 2d. and 2m. and (b), and 71.47 (5j) (a) 2d. and 2m. and (b) of the statutes first applies to taxable years beginning on January 1 of the year in which this subsection takes effect, except that if this subsection takes effect after July 31 this treatment first applies to taxable years beginning on January 1 of the year following the year in which this subsection takes effect.

SB279, s. 55 Section 55. Effective dates. This act takes effect on the day after publication, except as follows:

SB279,31,16 (1) The treatment of sections 73.03 (50) (intro.), 73.0303, 78.005 (13j), 78.01 (2n), 78.07 (5), 168.05 (6), and 168.12 (2) of the statutes takes effect on the first day of the 3rd month beginning after publication.

SB279,31,17 (End)