AB40: Bill Text

AB40, s. 2854 Section 2854. 235.02 (2) (d) of the statutes is amended to read:

AB40,1065,16 235.02 (2) (d) The secretary of commerce, or the secretary's chief executive officer of the Wisconsin Economic Development Corporation, or his or her designee.

AB40, s. 2855 Section 2855. 236.12 (2) (a) of the statutes is amended to read:

AB40,1066,5 236.12 (2) (a) Two copies for each of the state agencies required to review the plat to the department which shall examine the plat for compliance with ss. 236.15, 236.16, 236.20 and 236.21 (1) and (2). If the subdivision abuts or adjoins a state trunk highway or connecting highway, the department shall transmit 2 copies to the department of transportation so that agency may determine whether it has any objection to the plat on the basis of its rules as provided in s. 236.13. If the subdivision is not served by a public sewer and provision for that service has not been made, the department shall transmit 2 copies to the department of commerce safety and professional services so that that agency may determine whether it has any objection to the plat on the basis of its rules as provided in s. 236.13. In lieu of this procedure the agencies may designate local officials to act as their agents in examining the plats for compliance with the statutes or their rules by filing a written delegation of authority with the approving body.

AB40, s. 2856 Section 2856. 236.13 (1) (d) of the statutes is amended to read:

AB40,1066,10 236.13 (1) (d) The rules of the department of commerce safety and professional services relating to lot size and lot elevation necessary for proper sanitary conditions in a subdivision not served by a public sewer, where provision for public sewer service has not been made;

AB40, s. 2857 Section 2857. 236.13 (2m) of the statutes is amended to read:

AB40,1066,25 236.13 (2m) As a further condition of approval when lands included in the plat lie within 500 feet of the ordinary high-water mark of any navigable stream, lake or other body of navigable water or if land in the proposed plat involves lake or stream shorelands referred to in s. 236.16, the department of natural resources, to prevent pollution of navigable waters, or the department of commerce safety and professional services, to protect the public health and safety, may require assurance of adequate drainage areas for private sewage disposal systems and building setback restrictions, or provisions by the owner for public sewage disposal facilities for waters of the state, as defined in s. 281.01 (18), industrial wastes, as defined in s. 281.01 (5), and other wastes, as defined in s. 281.01 (7). The public sewage disposal facilities may consist of one or more systems as the department of natural resources or the department of commerce safety and professional services determines on the basis of need for prevention of pollution of the waters of the state or protection of public health and safety.

AB40, s. 2858 Section 2858. 236.335 of the statutes is amended to read:

AB40,1067,9 236.335 Prohibited subdividing; forfeit. No lot or parcel in a recorded plat may be divided, or used if so divided, for purposes of sale or building development if the resulting lots or parcels do not conform to this chapter, to any applicable ordinance of the approving authority or to the rules of the department of commerce safety and professional services under s. 236.13. Any person making or causing such a division to be made shall forfeit not less than $100 nor more than $500 to the approving authority, or to the state if there is a violation of this chapter or the rules of the department of commerce safety and professional services.

AB40, s. 2859 Section 2859. Subchapter I (title) of chapter 238 [precedes 238.01] of the statutes is created to read:

AB40,1067,12 chapter 238

AB40,1067,14 subchapter I general provisions

AB40, s. 2860 Section 2860. 238.08 of the statutes is created to read:

AB40,1067,20 238.08 Records of the corporation. All records of the corporation are open to the public as provided in s. 19.35 (1) except those records relating to pending grants, loans, or economic development projects that, in the opinion of the corporation, must remain confidential to protect the competitive nature of the grant, loan, or project.

AB40, s. 2861 Section 2861. 238.135 of the statutes is created to read:

AB40,1068,2 238.135 Grants to regional economic development organizations. The corporation shall award annual grants to regional economic development organizations to fund marketing activities. The amount of each grant may not exceed $100,000 or the amount of matching funds the organization obtains from sources other than the corporation or the state, whichever is less.

AB40, s. 2862 Section 2862. 238.145 of the statutes is created to read:

AB40,1068,7 238.145 Wisconsin-source assets exclusion; business certification. (1) The corporation shall implement a program to certify businesses for purposes of s. 71.05 (25). A business shall submit an application to the corporation in each calendar year for which the business desires certification.

AB40,1068,10 (2) The corporation may certify a business if, in the business's taxable year ending immediately before the date of the business's application, all of the following are true:

AB40,1068,13 (a) The amount of payroll compensation paid by the business in this state, as determined by the corporation, is equal to at least 50 percent of the amount of all payroll compensation paid by the business, as determined by the corporation.

AB40,1068,17 (b) The value of real and tangible personal property owned or rented and used by the business in this state, as determined by the corporation, is equal to at least 50 percent of the value of all real and tangible personal property owned or rented and used by the business, as determined by the corporation.

AB40,1068,20 (3) The corporation shall notify the department of revenue of every certification issued under this section and of the date on which a certification is revoked or expires.

AB40,1068,22 (4) The corporation, in consultation with the department of revenue, may adopt rules for the administration of this section.

AB40,1068,25 (5) The corporation shall compile a list of businesses certified under this section and the taxable years for which the businesses are certified and shall make the list available to the public at the corporation's Internet Web site.

AB40, s. 2863 Section 2863. 238.146 of the statutes is created to read:

AB40,1069,5 238.146 Long-term Wisconsin capital assets deferral; business certification. (1) The corporation shall implement a program to certify businesses for purposes of s. 71.05 (26). A business shall submit an application to the corporation in each calendar year for which the business desires certification.

AB40,1069,8 (2) The corporation may certify a business if, in the business's taxable year ending immediately before the date of the business's application, all of the following are true:

AB40,1069,11 (a) The amount of payroll compensation paid by the business in this state, as determined by the corporation, is equal to at least 50 percent of the amount of all payroll compensation paid by the business, as determined by the corporation.

AB40,1069,15 (b) The value of real and tangible personal property owned or rented and used by the business in this state, as determined by the corporation, is equal to at least 50 percent of the value of all real and tangible personal property owned or rented and used by the business, as determined by the corporation.

AB40,1069,18 (3) The corporation shall notify the department of revenue of every certification issued under this section and of the date on which a certification is revoked or expires.

AB40,1069,20 (4) The corporation, in consultation with the department of revenue, may adopt rules for the administration of this section.

AB40,1069,23 (5) The corporation shall compile a list of businesses certified under this section and the taxable years for which the businesses are certified and shall make the list available to the public at the corporation's Internet Web site.

AB40, s. 2864 Section 2864. 238.16 (3) (am) of the statutes is created to read:

AB40,1069,25 238.16 (3) (am) The person increases net employment in the person's business.

AB40, s. 2865 Section 2865. Subchapter II (title) of chapter 238 [precedes 238.30] of the statutes is created to read:

AB40,1070,3 chapter 238

AB40,1070,6 subchapter II tax incentives for business development

AB40, s. 2866 Section 2866 . 238.30 (4m) of the statutes, as affected by 2011 Wisconsin Act .... (this act), is amended to read:

AB40,1070,22 238.30 (4m) "Member of a targeted group" means a person who resides in an area designated by the federal government as an economic revitalization area, a person who is employed in an unsubsidized job but meets the eligibility requirements under s. 49.145 (2) and (3) for a Wisconsin Works employment position, a person who is employed in a trial job, as defined in s. 49.141 (1) (n), or in a real work, real pay project position under s. 49.147 (3m), a person who is eligible for child care assistance under s. 49.155, a person who is a vocational rehabilitation referral, an economically disadvantaged youth, an economically disadvantaged veteran, a supplemental security income recipient, a general assistance recipient, an economically disadvantaged ex-convict, a dislocated worker, as defined in 29 USC 2801 (9), or a food stamp recipient of benefits under the supplemental nutrition assistance program under 7 USC 2011 to 2036, if the person has been certified in the manner under 26 USC 51 (d) (13) (A) by a designated local agency, as defined in 26 USC 51 (d) (12).

AB40, s. 2867 Section 2867. 247.06 (1) (a) of the statutes is amended to read:

AB40,1071,3 247.06 (1) (a) The foundation may distribute moneys appropriated under s. 20.220 (1) (r) to the arts board for programs that provide operating support to arts organizations and for the Wisconsin regranting program under s. 44.62 41.62.

AB40, s. 2868 Section 2868. 247.06 (2) (b) of the statutes is amended to read:

AB40,1071,9 247.06 (2) (b) The foundation may not distribute moneys to the arts board under sub. (1) (a) in any fiscal year in which the foundation determines that the amount of general purpose revenue appropriated to the arts board department of tourism under s. 20.215 20.380 (3) is less than the amount appropriated in the previous fiscal year.

AB40, s. 2869 Section 2869. 250.20 (2) (d) of the statutes is amended to read:

AB40,1071,17 250.20 (2) (d) Work closely with all state agencies, including the board of regents Board of Regents of the University of Wisconsin System and the technical college system board, with the Board of Trustees of the University of Wisconsin–Madison, with the University of Wisconsin Hospitals and Clinics Authority, with the private sector and with groups concerned with issues of the health of economically disadvantaged minority group members to develop long-term solutions to health problems of minority group members.

AB40, s. 2870 Section 2870. 250.20 (2) (f) of the statutes is amended to read:

AB40,1071,24 250.20 (2) (f) Encourage economically disadvantaged minority group members who are students to enter career health care professions, by developing materials that are culturally sensitive and appropriate and that promote health care professions as careers, for use by the University of Wisconsin System, the University of Wisconsin–Madison, the technical college system and the Medical College of Wisconsin in recruiting the students.

AB40, s. 2871 Section 2871. 251.02 (3) of the statutes is amended to read:

AB40,1072,7 251.02 (3) A county board may, in conjunction with the county board of another county one or more other counties, establish a multiple county health department, which shall meet the requirements of this chapter. A multiple county health department shall serve all areas of the respective counties that are not served by a city health department that was established prior to January 1, 1994, by a town or village health department established under sub. (3m), or by a multiple municipal local health department established under sub. (3r).

AB40, s. 2872 Section 2872. 252.12 (2) (a) 9. of the statutes is amended to read:

AB40,1072,13 252.12 (2) (a) 9. `Grant for family resource center.' The department shall award a grant to develop and implement an African-American family resource center in the city of Milwaukee that targets activities toward the prevention and treatment of HIV infection and related infections, including hepatitis C virus infection, of minority group members, as defined in s. 560.036 490.04 (1) (f).

AB40, s. 2873 Section 2873. 252.12 (2) (c) 2. of the statutes is amended to read:

AB40,1072,22 252.12 (2) (c) 2. From the appropriation account under s. 20.435 (1) (am), the department shall award $75,000 in each fiscal year as grants for services to prevent HIV infection and related infections, including hepatitis C virus infection. Criteria for award of the grants shall include the criteria specified under subd. 1. The department shall award 60% of the funding to applying organizations that receive funding under par. (a) 8. and 40% of the funding to applying community-based organizations that are operated by minority group members, as defined in s. 560.036 490.04 (1) (f).

AB40, s. 2874 Section 2874. 252.15 (5g) (c) of the statutes is amended to read:

AB40,1073,14 252.15 (5g) (c) A physician, physician assistant, or advanced practice nurse prescriber, based on information provided to the physician, physician assistant, or advanced practice nurse prescriber, determines and certifies in writing that the person has had contact that constitutes a significant exposure. The certification shall accompany the request for HIV testing and disclosure. If the person is a physician, physician assistant, or advanced practice nurse prescriber, he or she may not make this determination or certification. The information that is provided to a physician, physician assistant, or advanced practice nurse prescriber to document the occurrence of the contact that constitutes a significant exposure and the physician's, physician assistant's, or advanced practice nurse prescriber's certification that the person has had contact that constitutes a significant exposure, shall be provided on a report form that is developed by the department of commerce safety and professional services under s. 101.02 (19) (a) or on a report form that the department of commerce safety and professional services determines, under s. 101.02 (19) (b), is substantially equivalent to the report form that is developed under s. 101.02 (19) (a).

AB40, s. 2875 Section 2875. 253.07 (4) of the statutes is repealed.

AB40, s. 2876 Section 2876. 253.13 (1m) of the statutes is amended to read:

AB40,1073,21 253.13 (1m) Urine tests. The department may establish a urine test program to test infants for causes of congenital disorders. The state laboratory of hygiene board may establish the methods of obtaining urine specimens and testing such specimens, and may develop materials for use in the tests. No person may be required to participate in programs developed under this subsection.

AB40, s. 2877 Section 2877. 253.13 (2) of the statutes is amended to read:

AB40,1074,13 253.13 (2) Tests; diagnostic, dietary and follow-up counseling program; fees. The department shall contract with the state laboratory of hygiene to perform the tests specified under this section and to furnish materials for use in the tests. The department shall provide necessary diagnostic services, special dietary treatment as prescribed by a physician for a patient with a congenital disorder as identified by tests under sub. (1) or (1m) and follow-up counseling for the patient and his or her family. The state laboratory of hygiene board, on behalf of the department, shall impose a fee, by rule, for tests performed under this section sufficient to pay for services provided under the contract. The state laboratory of hygiene board shall department may include as part of this fee amounts the department determines are sufficient to fund the provision of diagnostic and counseling services, special dietary treatment, and periodic evaluation of infant screening programs, the costs of consulting with experts under sub. (5), the costs of administering the hearing screening program under s. 253.115, and the costs of administering the congenital disorder program under this section and shall credit these amounts to the appropriation accounts under s. 20.435 (1) (ja) and (jb).

AB40, s. 2878 Section 2878. 253.13 (4) of the statutes is amended to read:

AB40,1074,22 253.13 (4) Confidentiality of tests and related information. The state laboratory of hygiene shall provide the test results to the physician, who shall advise the parents or legal guardian of the results. No information obtained under this section from the parents or guardian or from specimens from the infant may be disclosed except for use in statistical data compiled by the department without reference to the identity of any individual and except as provided in s. 146.82 (2). The state laboratory of hygiene board shall provide to the department the names and addresses of parents of infants who have positive test results.

AB40, s. 2879 Section 2879. 253.15 (1) (c) of the statutes is amended to read:

AB40,1075,2 253.15 (1) (c) "Health care provider" means any person who is licensed, registered, permitted, or certified by the department of health services or the department of regulation and licensing safety and professional services to provide health care services in this state.

AB40, s. 2880 Section 2880. 254.02 (3) (a) of the statutes is amended to read:

AB40,1075,10 254.02 (3) (a) The department of agriculture, trade and consumer protection, the department of corrections, the department of commerce safety and professional services, and the department of natural resources shall enter into memoranda of understanding with the department to establish protocols for the department to review proposed rules of those state agencies relating to air and water quality, occupational health and safety, institutional sanitation, toxic substances, indoor air quality, food protection or waste handling and disposal.

AB40, s. 2881 Section 2881. 254.176 (2) (e) of the statutes is amended to read:

AB40,1075,16 254.176 (2) (e) A person who engages in the business of installing or servicing heating, ventilating or air conditioning equipment if the person is registered with the department of commerce safety and professional services and if the person engages in activities that constitute lead hazard reduction, only to the extent that the activities are within the scope of his or her registration.

AB40, s. 2882 Section 2882. 254.19 of the statutes is amended to read:

AB40,1075,20 254.19 Asbestos testing fees. Notwithstanding s. 36.25 (11) (f) 37.57 (6), the state laboratory of hygiene board shall impose a fee sufficient to pay for any asbestos testing services which it provides.

AB40, s. 2883 Section 2883. 254.22 (4) of the statutes is amended to read:

AB40,1075,23 254.22 (4) Assist the department of commerce safety and professional services with the enforcement of s. 101.123.

AB40, s. 2884 Section 2884. 254.51 (2) of the statutes is amended to read:

AB40,1076,4 254.51 (2) The department shall enter into memoranda of understanding with the department of agriculture, trade and consumer protection, the department of commerce safety and professional services, and the department of natural resources regarding the investigation and control of animal-borne and vector-borne disease.

AB40, s. 2885 Section 2885. 254.61 (5) (f) of the statutes is amended to read:

AB40,1076,9 254.61 (5) (f) Any college campus, as defined in s. 36.05 (6m), institution as defined in s. 36.51 (1) (b), university, as defined in s. 37.01 (9), or technical college that serves meals only to the students enrolled in the college campus, institution, university, or school or to authorized elderly persons under s. 36.51, 37.51, or 38.36.

AB40, s. 2886 Section 2886. 254.73 (1) of the statutes is amended to read:

AB40,1076,16 254.73 (1) Every hotel with sleeping accommodations with more than 12 bedrooms above the first story shall, between the hours of 12 midnight and 6 a.m. provide a system of security personnel patrol, or of mechanical and electrical devices, or both, adequate, according to standards established by the department of commerce safety and professional services, to warn all guests and employees in time to permit their evacuation in case of fire.

AB40, s. 2887 Section 2887. 254.74 (1) (am) of the statutes is amended to read:

AB40,1077,2 254.74 (1) (am) Promulgate rules, in consultation with the department of commerce safety and professional services, under which the department of health services shall conduct regular inspections of sealed combustion units, as required under s. 101.149 (5) (c), for carbon monoxide emissions in hotels, tourist rooming houses, and bed and breakfast establishments. The rules shall specify conditions under which it may issue orders as specified under s. 101.149 (8) (a). The rules may not require the department of health services to inspect sealed combustion units during the period in which the sealed combustion units are covered by a manufacturer's warranty against defects.

AB40, s. 2888 Section 2888. 254.78 of the statutes is amended to read:

AB40,1077,7 254.78 Authority of department of commerce safety and professional services. Nothing in this chapter shall affect the authority of the department of commerce safety and professional services relative to places of employment, elevators, boilers, fire escapes, fire protection, or the construction of public buildings.

AB40, s. 2889 Section 2889. 254.79 of the statutes is amended to read:

AB40,1077,11 254.79 Joint employment. The department and the department of commerce safety and professional services may employ experts, inspectors or other assistants jointly.

AB40, s. 2890 Section 2890. 255.05 (1) (d) of the statutes is amended to read:

AB40,1077,15 255.05 (1) (d) "Public agency" means a county, city, village, town or school district, the University of Wisconsin–Madison, or an agency of this state or of a county, city, village, town or school district.