AB40, s. 2690
25Section
2690. 167.10 (6m) (c) of the statutes is amended to read:
AB40,1028,4
1167.10
(6m) (c) Any person who manufactures in this state fireworks or a
2device listed under sub. (1) (e), (f) or (i) to (n) shall provide the department of
3commerce safety and professional services with a copy of each federal license issued
4under
18 USC 843 to that person.
AB40, s. 2691
5Section
2691. 167.10 (6m) (d) of the statutes is amended to read:
AB40,1028,136
167.10
(6m) (d) The department of
commerce safety and professional services 7shall issue a license to manufacture fireworks or devices listed under sub. (1) (e), (f)
8or (i) to (n) to a person who complies with the rules of the department promulgated
9under par. (e). The department may not issue a license to a person who does not
10comply with the rules promulgated under par. (e). The department may revoke a
11license under this subsection for the refusal to permit an inspection at reasonable
12times by the department or for a continuing violation of the rules promulgated under
13par. (e).
AB40, s. 2692
14Section
2692. 167.10 (6m) (e) of the statutes is amended to read:
AB40,1028,1715
167.10
(6m) (e) The department of
commerce safety and professional services 16shall promulgate rules to establish safety standards for the manufacture in this state
17of fireworks and devices listed under sub. (1) (e), (f) or (i) to (n).
AB40, s. 2693
18Section
2693. 167.10 (6m) (f) of the statutes is amended to read:
AB40,1028,2219
167.10
(6m) (f) The department of
commerce safety and professional services 20may inspect at reasonable times the premises on which each person licensed under
21this subsection manufactures fireworks or devices listed under sub. (1) (e), (f) or (i)
22to (n).
AB40, s. 2694
23Section
2694. 167.21 (1) (b) of the statutes is amended to read:
AB40,1028,2524
167.21
(1) (b) "Department" means the department of
commerce safety and
25professional services.
AB40, s. 2695
1Section
2695. 167.27 (5) of the statutes is amended to read:
AB40,1029,202
167.27
(5) Whenever any mine shaft, exploration shaft or test well is
3abandoned or its use discontinued, the operator or contractor shall promptly fill
4same to grade or enclose the same with a fence of strong woven wire not less than 46
5inches wide with one barbwire above or cap same with a reinforced concrete slab at
6least 6 inches thick or with a native boulder at least 3 times the diameter of the top
7of the shaft or test well bore. The strands of the woven wire shall not be smaller than
8No. 12 wire and the cross wires and meshes shall not be smaller than No. 16 wire;
9the strands shall not be more than 12 inches apart, and the meshes shall not exceed
108 inches square. All wires must be tightly stretched and securely fastened to
11sufficient posts firmly set not more than 8 feet apart. In case any person shall neglect
12to repair or rebuild such fence which the person is so required to build and maintain,
13any person may complain to the department of
commerce
safety and professional
14services or to the local governing body, which shall give notice in writing to the person
15who is required to build and maintain such fence. The department of
commerce 16safety and professional services or the local governing body shall then proceed to
17examine the fence, and if it shall determine that such fence is insufficient, it shall
18notify the person responsible for its erection and maintenance and direct the person
19to repair or rebuild the fence within such time as it shall deem reasonable. Any
20person refusing to comply with such order shall be subject to the penalties provided.
AB40, s. 2696
21Section
2696. 167.27 (8) of the statutes is amended to read:
AB40,1029,2422
167.27
(8) Any violation of this section coming to the attention of the
23department of
commerce safety and professional services or municipal authorities
24shall be reported to the attorney general or district attorney for prosecution.
AB40, s. 2697
25Section
2697. 167.31 (4) (a) 4. b. of the statutes is amended to read:
AB40,1030,3
1167.31
(4) (a) 4. b. He or she holds a certificate of proficiency to carry a firearm
2issued by the department of
regulation and licensing
safety and professional
3services.
AB40, s. 2698
4Section
2698. 167.31 (4) (a) 4. e. of the statutes is amended to read:
AB40,1030,65
167.31
(4) (a) 4. e. His or her firearm is in plain view, as defined by rule by the
6department of
regulation and licensing safety and professional services.
AB40, s. 2699
7Section
2699. 167.35 (1) (b) of the statutes is amended to read:
AB40,1030,98
167.35
(1) (b) "Department" means the department of
commerce safety and
9professional services unless the context requires otherwise.
AB40, s. 2700
10Section
2700. 167.35 (7) (b) of the statutes is amended to read:
AB40,1030,1511
167.35
(7) (b) The department of revenue, in the course of conducting any
12inspection or examination authorized under s. 139.39, may inspect cigarettes to
13determine if the cigarettes are marked as provided under sub. (4), and the
14department of revenue shall notify the department of
commerce safety and
15professional services of any unmarked cigarettes.
AB40, s. 2701
16Section
2701. 167.35 (7) (c) of the statutes is amended to read:
AB40,1030,2417
167.35
(7) (c) Authorized personnel from the department of justice, from the
18department of
commerce safety and professional services, and from the department
19of revenue, and any sheriff, police officer, or other law enforcement personnel, within
20their respective jurisdictions, may enter and inspect any premises where cigarettes
21are made, sold, offered for sale, or stored to determine if the cigarettes comply with
22this section. An inspection under this paragraph includes examining the books,
23papers, invoices, and other records of any person who is subject to this section and
24who is in control, possession, or occupancy of the premises.
AB40, s. 2702
25Section
2702. 168.01 (1) of the statutes is amended to read:
AB40,1031,2
1168.01
(1) "Department" means the department of
commerce safety and
2professional services.
AB40, s. 2703
3Section
2703. 170.12 (3) (dm) of the statutes is repealed.
AB40, s. 2704
4Section
2704. 174.13 (2) of the statutes is amended to read:
AB40,1031,205
174.13
(2) Any officer or pound which has custody of an unclaimed dog may
6release the dog to the University of Wisconsin System,
the University of
7Wisconsin–Madison, the Medical College of Wisconsin, Inc., or to any other
8educational institution of higher learning chartered under the laws of the state and
9accredited to the University of Wisconsin System
or University of
10Wisconsin–Madison, upon requisition by the institution. The requisition shall be in
11writing, shall bear the signature of an authorized agent, and shall state that the dog
12is requisitioned for scientific or educational purposes. If a requisition is made for a
13greater number of dogs than is available at a given time, the officer or pound may
14supply those immediately available and may withhold from other disposition all
15unclaimed dogs coming into the officer's or pound's custody until the requisition is
16fully discharged, excluding impounded dogs as to which ownership is established
17within a reasonable period. A dog left by its owner for disposition is not considered
18an unclaimed dog under this section. If operated by a county, city, village or town,
19the officer or pound is entitled to the payment of $1 for each dog requisitioned. An
20institution making a requisition shall provide for the transportation of the dog.
AB40, s. 2705
21Section
2705. 182.0175 (1m) (e) 2. of the statutes is amended to read:
AB40,1031,2522
182.0175
(1m) (e) 2. The department of
commerce safety and professional
23services may promulgate a rule that requires retail suppliers, as defined in s. 101.16
24(1) (d), of propane to inform their customers each year of the obligation of owners of
25transmission facilities under this section.
AB40, s. 2706
1Section
2706. 185.983 (1) (intro.) of the statutes is amended to read:
AB40,1032,92
185.983
(1) (intro.) Every voluntary nonprofit health care plan operated by a
3cooperative association organized under s. 185.981 shall be exempt from chs. 600 to
4646, with the exception of ss. 601.04, 601.13, 601.31, 601.41, 601.42, 601.43, 601.44,
5601.45, 611.26, 611.67, 619.04, 623.11, 623.12, 628.34 (10), 631.17, 631.89, 631.93,
6631.95, 632.72 (2), 632.745 to 632.749, 632.775, 632.79, 632.795, 632.798, 632.85,
7632.853, 632.855, 632.87 (2), (2m), (3), (4), (5), and (6), 632.885, 632.89, 632.895 (5)
8and (8) to
(17) (16m), 632.896, and 632.897 (10) and chs. 609, 620, 630, 635, 645, and
9646, but the sponsoring association shall:
AB40, s. 2707
10Section
2707. 186.235 (15) (b) of the statutes is amended to read:
AB40,1032,1711
186.235
(15) (b) Witness fees shall be the same as fees under s. 814.67 (1) (b)
12and (c). The fees of witnesses who are called by the office in the interests of the state
13shall be paid by the state upon presentation of proper vouchers approved by the office
14of credit unions and charged to the appropriation under s. 20.144
(2) (1) (g). A witness
15subpoenaed by the office at the instance of a party other than the office shall not be
16entitled to payment of fees by the state unless the office certifies that the testimony
17was material to the purpose for which the subpoena was issued.
AB40, s. 2708
18Section
2708. 196.374 (2) (a) 2. e. of the statutes is amended to read:
AB40,1033,219
196.374
(2) (a) 2. e. Components to implement energy efficiency or renewable
20energy measures in facilities of manufacturing businesses in this state that are
21consistent with
the objectives under s. 560.128 (1) (a) the implementation of energy
22efficiency or renewable energy measures in manufacturing facilities to enhance their
23competitiveness, the retooling of existing facilities to manufacture products that
24support the green economy, the expansion or establishment of domestic clean energy
1manufacturing operations, and creating or retaining jobs for workers engaged in
2such activities.
AB40, s. 2709
3Section
2709. 196.374 (2) (a) 4. of the statutes is repealed.
AB40, s. 2710
4Section
2710. 196.374 (3) (a) of the statutes is amended to read:
AB40,1033,165
196.374
(3) (a)
In general. The commission shall have oversight of programs
6under sub. (2). The commission shall maximize coordination of program delivery,
7including coordination between programs under subs. (2) (a) 1., (b) 1. and 2., and (c)
8and (7), ordered programs, low-income weatherization programs under s. 16.957,
9renewable resource programs under s. 196.378, and other energy efficiency or
10renewable resource programs. The commission shall cooperate with the department
11of natural resources to ensure coordination of energy efficiency and renewable
12resource programs with air quality programs and to maximize and document the air
13quality improvement benefits that can be realized from energy efficiency and
14renewable resource programs.
The commission shall cooperate with the department
15of commerce to ensure coordination of energy efficiency and renewable resource
16programs under sub. (2) (a) 2. e. with the loan program under s. 560.128 (1) (a).
AB40, s. 2711
17Section
2711. 196.49 (4) of the statutes is amended to read:
AB40,1033,2118
196.49
(4) The commission may not issue a certificate under sub. (1), (2), or (3)
19for the construction of electric generating equipment and associated facilities unless
20the commission determines that brownfields, as defined in
s. 238.13 (1) (a) or s.
21560.13 (1) (a),
2009 stats., are used to the extent practicable.
AB40, s. 2712
22Section
2712. 196.491 (2) (b) 2. of the statutes is amended to read:
AB40,1033,2323
196.491
(2) (b) 2. Department of
commerce safety and professional services.
AB40, s. 2713
24Section
2713. 196.491 (2) (e) of the statutes is amended to read:
AB40,1034,5
1196.491
(2) (e) Any
state agency, as defined in s. 560.9810 (1), office,
2commission, department, or independent agency in the executive branch of state
3government or any county, municipality, town
, or person may submit written
4comments to the commission on a strategic energy assessment within 90 days after
5copies of the draft are issued under par. (b).
AB40, s. 2714
6Section
2714. 196.491 (3) (a) 2m. b. of the statutes is amended to read:
AB40,1034,107
196.491
(3) (a) 2m. b. The applicant proposes alternative construction sites for
8the facility that are contiguous or proximate, provided that at least one of the
9proposed sites is a brownfield, as defined in s.
560.13 238.13 (1) (a), or the site of a
10former or existing large electric generating facility.
AB40, s. 2715
11Section
2715. 196.491 (3) (d) 8. of the statutes is amended to read:
AB40,1034,1312
196.491
(3) (d) 8. For a large electric generating facility, brownfields, as defined
13in s.
560.13 238.13 (1) (a), are used to the extent practicable.
AB40, s. 2716
14Section
2716. 200.49 (1) (b) of the statutes is amended to read:
AB40,1034,1615
200.49
(1) (b) "Minority group member" has the meaning given under s.
16560.036 490.04 (1) (f).
AB40, s. 2717
17Section
2717. 200.57 (1) (a) of the statutes is amended to read:
AB40,1034,2118
200.57
(1) (a) "Disabled veteran-owned financial adviser" and "disabled
19veteran-owned investment firm" mean a financial adviser and investment firm,
20respectively, certified by the department of
commerce
safety and professional
21services under s.
560.0335 490.02 (3)
.
AB40, s. 2718
22Section
2718. 200.57 (1) (b) of the statutes is amended to read:
AB40,1034,2523
200.57
(1) (b) "Minority financial adviser" and "minority investment firm"
24mean a financial adviser and investment firm, respectively, certified by the
25department of
commerce safety and professional services under s.
560.036 490.04 (2).
AB40, s. 2719
1Section
2719. 214.48 (4) (a) of the statutes is amended to read:
AB40,1035,72
214.48
(4) (a) An independent qualified appraiser, designated by the board of
3directors, who is properly licensed and certified by the department of
regulation and
4licensing safety and professional services or by another entity authorized to govern
5appraisal licensure and certification and who meets the requirements of title XI of
6the financial institutions reform, recovery and enforcement act of 1989,
12 USC 3331 7to
3351 and regulations adopted pursuant to those sections.
AB40, s. 2720
8Section
2720. 218.0171 (2) (c) of the statutes is amended to read:
AB40,1035,209
218.0171
(2) (c) To receive a comparable new motor vehicle or a refund due
10under par. (b) 1. or 2., a consumer described under sub. (1) (b) 1., 2. or 3. shall offer
11to the manufacturer of the motor vehicle having the nonconformity to transfer title
12of that motor vehicle to that manufacturer. No later than 30 days after that offer, the
13manufacturer shall provide the consumer with the comparable new motor vehicle or
14refund. When the manufacturer provides the new motor vehicle or refund, the
15consumer shall return the motor vehicle having the nonconformity to the
16manufacturer and provide the manufacturer with the certificate of title and all
17endorsements necessary to transfer title to the manufacturer.
If another person is
18in possession of the certificate of title, as shown by the records of the department of
19transportation, that person shall, upon request of the consumer, provide the
20certificate to the manufacturer or to the consumer.
AB40, s. 2721
21Section
2721. 218.0171 (2) (cm) 2. of the statutes is amended to read:
AB40,1036,622
218.0171
(2) (cm) 2. To receive a refund due under par. (b) 3., a motor vehicle
23lessor shall offer to the manufacturer of the motor vehicle having the nonconformity
24to transfer title of that motor vehicle to that manufacturer. No later than 30 days
25after that offer, the manufacturer shall provide the refund to the motor vehicle lessor.
1When the manufacturer provides the refund, the motor vehicle lessor shall provide
2to the manufacturer the certificate of title and all endorsements necessary to
3transfer title to the manufacturer.
If another person is in possession of the certificate
4of title, as shown by the records of the department of transportation, that person
5shall, upon request of the motor vehicle lessor, provide the certificate to the
6manufacturer or to the motor vehicle lessor.
AB40, s. 2722
7Section
2722. 218.11 (2) (am) 3. of the statutes is amended to read:
AB40,1036,118
218.11
(2) (am) 3. The department
of commerce may not disclose any
9information received under subd. 1. to any person except to the department of
10children and families for purposes of administering s. 49.22 or to the department of
11revenue for the sole purpose of requesting certifications under s. 73.0301.
AB40, s. 2723
12Section
2723. 218.12 (2) (am) 2. of the statutes is amended to read:
AB40,1036,1713
218.12
(2) (am) 2. The department
of commerce may not disclose a social
14security number obtained under par. (a) to any person except to the department of
15children and families for the sole purpose of administering s. 49.22 or to the
16department of revenue for the sole purpose of requesting certifications under s.
1773.0301.
AB40, s. 2724
18Section
2724. 218.23 (1) of the statutes is amended to read:
AB40,1037,419
218.23
(1) Whenever a licensed motor vehicle salvage dealer acquires a motor
20vehicle for the purpose of wrecking it, the dealer shall mail or deliver the certificate
21of title or if the transfer to the salvage dealer was by a bill of sale, the bill of sale, for
22such vehicle to the department within 30 days after the vehicle is delivered to the
23salvage yard unless the previous owner already has done so
or, if another person is
24in possession of the certificate of title, as shown by the records of the department of
25transportation, that person already has done so. If
he or she the dealer subsequently
1wishes to transfer such vehicle to another person,
he or she the dealer shall make
2such transfer only by bill of sale. In such bill of sale,
he or she the dealer shall
3describe the vehicle and shall state that the certificate of title for the vehicle has been
4mailed or delivered to the department because the vehicle was to have been junked.
AB40, s. 2725
5Section
2725. 227.01 (1) of the statutes is amended to read:
AB40,1037,106
227.01
(1) "Agency" means a board, commission, committee, department or
7officer in the state government, except the governor, a district attorney
, or a military
8or judicial officer
, and in subch. II includes the Board of Trustees of the University
9of Wisconsin–Madison with respect to rules promulgated under s. 37.11 (1m) (a), (c),
10and (cm) and (8).
AB40, s. 2726
11Section
2726. 227.01 (13) (yc) of the statutes is created to read:
AB40,1037,1312
227.01
(13) (yc) Adjusts the total cost threshold for highway projects under ss.
1384.013 (2m) and 84.0145 (4).
AB40, s. 2727
14Section
2727. 227.01 (13) (yL) of the statutes is repealed.
AB40, s. 2728
15Section
2728. 227.01 (13) (zi) of the statutes is repealed.
AB40, s. 2729
16Section
2729. 227.114 (5) of the statutes is repealed.
AB40, s. 2730
17Section
2730. 227.115 of the statutes is repealed.
AB40, s. 2731
18Section
2731. 227.116 (1) of the statutes is renumbered 227.116 (1r) and
19amended to read:
AB40,1037,2420
227.116
(1r) Each proposed rule submitted to the legislative council under s.
21227.15 that includes a requirement for a business to obtain a permit
, as defined in
22s. 560.41 (2), shall specify the number of business days, calculated beginning on the
23day a permit application is received, within which the agency will review and make
24a determination on a permit application.
AB40, s. 2732
25Section
2732. 227.116 (1g) of the statutes is created to read:
AB40,1038,2
1227.116
(1g) In this section, "permit" means any approval of an agency
2required as a condition of operating a business in this state.
AB40, s. 2733
3Section
2733. 227.116 (2) of the statutes is amended to read:
AB40,1038,84
227.116
(2) If any existing rule does not comply with sub.
(1) (1r), the agency
5that promulgated the rule shall submit to the legislative council a proposed revision
6of the rule that will bring the rule into compliance with sub.
(1) (1r). The legislative
7council staff's review of the proposed revision is limited to determining whether or
8not the agency has complied with this subsection.
AB40, s. 2734
9Section
2734. 227.116 (3) of the statutes is amended to read:
AB40,1038,1310
227.116
(3) Subsections
(1) (1r) and (2) do not apply to a rule if the rule, or a
11law under which the rule was promulgated, effective prior to November 17, 1983,
12contains a specification of a time period for review and determination on a permit
13application.
AB40, s. 2735
14Section
2735. 227.116 (4) (intro.) of the statutes is amended to read:
AB40,1038,1915
227.116
(4) (intro.) If an agency fails to review and make a determination on
16a permit application within the time period specified in a rule or law, for each such
17failure the agency shall prepare a report and submit it to the department of
18commerce safety and professional services within 5 business days of the last day of
19the time period specified, setting forth all of the following:
AB40, s. 2736
20Section
2736. 227.116 (5) of the statutes is amended to read:
AB40,1038,2421
227.116
(5) If an agency fails to review and make a determination on a permit
22application within the time period specified in a rule or law, upon completion of the
23review and determination for that application, the agency shall notify the
24department of
commerce safety and professional services.
AB40, s. 2737
25Section
2737. 227.137 (1) of the statutes is amended to read: