AB163: Bill Text

AB163,233 Section 233. 71.07 (5r) (a) 2. of the statutes is amended to read:

AB163,56,24 71.07 (5r) (a) 2. "Course of instruction" has the meaning given in s. 38.50 440.52 (1) (c).

AB163,234 Section 234. 71.07 (5r) (a) 6. b. of the statutes is amended to read:

AB163,57,2 71.07 (5r) (a) 6. b. A school approved authorized under s. 38.50 440.52, if the delivery of education occurs in this state.

AB163,235 Section 235. 71.26 (1) (d) of the statutes is amended to read:

AB163,57,16 71.26 (1) (d) Bank in liquidation. Income of any bank placed in the hands of the division of banking department of financial institutions and professional standards for liquidation under s. 220.08, if the tax levied, assessed or collected under this chapter on account of such bank diminishes the assets thereof so that full payment of all depositors cannot be made. Whenever the division of banking department of financial institutions and professional standards certifies to the department of revenue that the tax or any part thereof levied and assessed under this chapter against any such bank will so diminish the assets thereof that full payment of all depositors cannot be made, the department of revenue shall cancel and abate such tax or part thereof, together with any penalty thereon. This paragraph shall apply to unpaid taxes which were levied and assessed subsequent to the time the bank was taken over by the division of banking department of financial institutions and professional standards.

AB163,236 Section 236. 71.28 (5j) (a) 2d. of the statutes is amended to read:

AB163,57,23 71.28 (5j) (a) 2d. "Diesel replacement renewable fuel" includes biodiesel and any other fuel derived from a renewable resource that meets all of the applicable requirements of the American Society for Testing and Materials for that fuel and that the department of commerce or the department of safety and professional services financial institutions and professional standards designates by rule as a diesel replacement renewable fuel.

AB163,237 Section 237. 71.28 (5j) (a) 2m. of the statutes is amended to read:

AB163,58,6 71.28 (5j) (a) 2m. "Gasoline replacement renewable fuel" includes ethanol and any other fuel derived from a renewable resource that meets all of the applicable requirements of the American Society for Testing and Materials for that fuel and that the department of commerce or the department of safety and professional services financial institutions and professional standards designates by rule as a gasoline replacement renewable fuel.

AB163,238 Section 238. 71.28 (5j) (c) 3. of the statutes is amended to read:

AB163,58,13 71.28 (5j) (c) 3. The department of commerce or the department of safety and professional services financial institutions and professional standards shall establish standards to adequately prevent, in the distribution of conventional fuel to an end user, the inadvertent distribution of fuel containing a higher percentage of renewable fuel than the maximum percentage established by the federal environmental protection agency for use in conventionally-fueled engines.

AB163,239 Section 239. 71.28 (5r) (a) 2. of the statutes is amended to read:

AB163,58,16 71.28 (5r) (a) 2. "Course of instruction" has the meaning given in s. 38.50 440.52 (1) (c).

AB163,240 Section 240. 71.28 (5r) (a) 6. b. of the statutes is amended to read:

AB163,58,19 71.28 (5r) (a) 6. b. A school approved authorized under s. 38.50 440.52, if the delivery of education occurs in this state.

AB163,241 Section 241. 71.47 (5r) (a) 2. of the statutes is amended to read:

AB163,58,22 71.47 (5r) (a) 2. "Course of instruction" has the meaning given in s. 38.50 440.52 (1) (c).

AB163,242 Section 242. 71.47 (5r) (a) 6. b. of the statutes is amended to read:

AB163,58,25 71.47 (5r) (a) 6. b. A school approved authorized under s. 38.50 440.52, if the delivery of education occurs in this state.

AB163,243 Section 243. 73.0301 (1) (d) 3. of the statutes is amended to read:

AB163,59,7 73.0301 (1) (d) 3. A license, certificate of approval, provisional license, conditional license, certification, certification card, registration, permit, training permit or approval specified in s. 50.35, 50.49 (6) (a) or (10), 51.038, 51.04, 51.42 (7) (b) 11., 51.421 (3) (a), 51.45 (8), 146.40 (3), (3g), or (3m), 252.23 (2), 252.24 (2), 254.176, 254.20 (3), 255.08 (2) (a), 256.15 (5) (a) or (b), (6g) (a), (7), or (8) (a) or (f) or 343.305 (6) (a) or a permit for operation of a campground specified in s. 254.47 (1).

AB163,244 Section 244. 73.0301 (1) (d) 6. of the statutes is amended to read:

AB163,59,13 73.0301 (1) (d) 6. A license or certificate of registration issued by the department of financial institutions, or a division of it, and professional standards under ss. 138.09, 138.12, 138.14, 202.12 to 202.14, 202.22, 217.06, 218.0101 to 218.0163, 218.02, 218.04, 218.05, 224.72, 224.725, 224.93, or under subch. IV of ch. 551.

AB163,245 Section 245. 73.0301 (1) (e) of the statutes is amended to read:

AB163,59,22 73.0301 (1) (e) "Licensing department" means the department of administration; the department of agriculture, trade and consumer protection; the board of commissioners of public lands; the department of children and families; the government accountability board; the department of financial institutions and professional standards; the department of health services; the department of natural resources; the department of public instruction; the department of safety and professional services; the department of workforce development; the office of the commissioner of insurance; or the department of transportation.

AB163,246 Section 246. 84.075 (1c) (a) of the statutes is amended to read:

AB163,59,25 84.075 (1c) (a) "Disabled veteran-owned business" means a business certified by the department of administration under s. 16.283 203.03 (3).

AB163,247 Section 247. 84.075 (1c) (b) of the statutes is amended to read:

AB163,60,3 84.075 (1c) (b) "Minority business" means a business certified by the department of administration under s. 16.287 203.07 (2).

AB163,248 Section 248. 84.076 (1) (c) of the statutes is amended to read:

AB163,60,6 84.076 (1) (c) "Minority business" has the meaning given under s. 16.287 203.07 (1) (e) 1.

AB163,249 Section 249. 84.076 (1) (d) of the statutes is amended to read:

AB163,60,9 84.076 (1) (d) "Minority group member" has the meaning given under s. 16.287 203.07 (1) (f).

AB163,250 Section 250. 85.25 (2) (c) 1m. b. of the statutes is amended to read:

AB163,60,12 85.25 (2) (c) 1m. b. It is currently performing a useful business function as defined in s. 16.287 203.07 (1) (h).

AB163,251 Section 251. 89.02 (3d) of the statutes is created to read:

AB163,60,15 89.02 (3d) "Department" means the department of agriculture, trade and consumer protection.

AB163,252 Section 252. 89.063 of the statutes is created to read:

AB163,60,20 89.063 Fees. The department shall determine by rule the fees for each initial license, certification, and permit issued under ss. 89.06 and 89.072, and, if applicable, for renewal of the license, certification, or permit, including late fees, based on the department's administrative and enforcement costs under this chapter.

AB163,253 Section 253. 89.085 of the statutes is created to read:

AB163,60,24 89.085 Unauthorized practice. (1) The department may conduct investigations, hold hearings, and make findings as to whether a person has engaged in a practice or used a title without a credential required under this chapter.

AB163,61,4 (2) If, after holding a public hearing, the department determines that a person has engaged in a practice or used a title without a required credential, the department may issue a special order enjoining the person from continuing the practice or use of the title.

AB163,61,8 (3) In lieu of holding a public hearing, if the department has reason to believe that a person has engaged in a practice or used a title without a required credential, the department may petition the circuit court for a temporary restraining order or an injunction as provided in ch. 813.

AB163,61,13 (4) (a) Any person who violates a special order issued under sub. (2) may be required to forfeit not more than $10,000 for each offense. Each day of continued violation constitutes a separate offense. The attorney general or any district attorney may commence an action in the name of the state to recover a forfeiture under this paragraph.

AB163,61,16 (b) Any person who violates a temporary restraining order or an injunction issued by a court upon a petition under sub. (3) may be fined not less than $25 nor more than $5,000 or imprisoned for not more than one year in the county jail or both.

AB163,254 Section 254. 93.135 (1) (a) of the statutes is renumbered 93.135 (1) (ag).

AB163,255 Section 255. 93.135 (1) (ab) of the statutes is created to read:

AB163,61,19 93.135 (1) (ab) A license, certification, or permit under ch. 89.

AB163,256 Section 256. 93.20 (1) of the statutes is amended to read:

AB163,61,23 93.20 (1) Definition. In this section, "action" means an action that is commenced in court by, or on behalf of, the department of agriculture, trade and consumer protection to enforce chs. 88, 89, 91 to 100, or 126.

AB163,257 Section 257. 93.22 (1) of the statutes is amended to read:

AB163,62,2 93.22 (1) In cases arising under chs. 88, 89, and 93 to 100, the department may be represented by its attorney.

AB163,258 Section 258. 93.22 (2) of the statutes is amended to read:

AB163,62,7 93.22 (2) The department may, with the approval of the governor, appoint special counsel to prosecute or assist in the prosecution of any case arising under chs. 88, 89, and 93 to 100. The cost of such special counsel shall be charged to the appropriation for the department.

AB163,259 Section 259. 93.22 (3) of the statutes is amended to read:

AB163,62,14 93.22 (3) In any criminal or civil action under chs. 88, 89, and 93 to 100, any exception, exemption, proviso, excuse, or qualification contained in any of said chapters, or in any order, standard, or regulation thereunder, may be proved by the defendant, but need not be specified or negatived in the information or complaint, and, if so specified or negatived, no proof in relation to the matters so specified or negatived, shall be required of the plaintiff.

AB163,260 Section 260. 94.67 (33m) of the statutes is amended to read:

AB163,62,17 94.67 (33m) "Veterinarian" means an individual who is licensed as a veterinarian under ch. 453 89.

AB163,261 Section 261. 94.67 (33t) of the statutes is amended to read:

AB163,62,20 94.67 (33t) "Veterinary technician" means an individual who is certified as a veterinary technician under ch. 453 89.

AB163,262 Section 262. 95.21 (1) (e) of the statutes is amended to read:

AB163,62,23 95.21 (1) (e) "Veterinarian" has the meaning designated under s. 453.02 89.02 (7).

AB163,263 Section 263. 95.21 (1) (em) of the statutes is amended to read:

AB163,63,2 95.21 (1) (em) "Veterinary technician" has the meaning designated under s. 453.02 89.02 (12).

AB163,264 Section 264. 95.21 (2) (a) of the statutes is amended to read:

AB163,63,18 95.21 (2) (a) Requirement for vaccination. Except as provided in s. 174.054 or sub. (9) (d), the owner of a dog shall have the dog vaccinated against rabies by a veterinarian or, if a veterinarian is physically present at the location the vaccine is administered, by a veterinary technician, pursuant to s. 453.05 89.05 (2) (d), at no later than 5 months of age and revaccinated within one year after the initial vaccination. If the owner obtains the dog or brings the dog into this state after the dog has reached 5 months of age, the owner shall have the dog vaccinated against rabies within 30 days after the dog is obtained or brought into the state unless the dog has been vaccinated as evidenced by a current certificate of rabies vaccination from this state or another state. The owner of a dog shall have the dog revaccinated against rabies by a veterinarian or, if a veterinarian is physically present at the location the vaccine is administered, by a veterinary technician, pursuant to s. 453.05 89.05 (2) (d), before the date that the immunization expires as stated on the certificate of vaccination or, if no date is specified, within 3 years after the previous vaccination.

AB163,265 Section 265. 100.67 of the statutes is created to read:

AB163,63,21 100.67 Private trade, business, technical, and other schools. (1) Definitions. In this section, unless the context clearly requires otherwise:

AB163,63,22 (b) "Course" has the meaning given in s. 440.52 (1) (b).

AB163,63,23 (c) "Course of instruction" has the meaning given in s. 440.52 (1) (c).

AB163,63,24 (d) "Person" has the meaning given in s. 440.52 (1) (d).

AB163,63,25 (e) "School" has the meaning given in s. 440.52 (1) (e).

AB163,64,2 (2) Responsibilities. The department shall protect the general public by investigating complaints and potential violations related to this section.

AB163,64,4 (3) Rule-making power. The department may promulgate rules necessary to administer this section.

AB163,266 Section 266. 101.02 (20) (b) of the statutes is amended to read:

AB163,64,16 101.02 (20) (b) Except as provided in par. (e), the department of safety and professional services may not issue or renew a license unless each applicant who is an individual provides the department of safety and professional services with his or her social security number and each applicant that is not an individual provides the department of safety and professional services with its federal employer identification number. The department of safety and professional services may not disclose the social security number or the federal employer identification number of an applicant for a license or license renewal except to the department of revenue for the sole purpose of requesting certifications under s. 73.0301 and to the department of workforce development for the sole purpose of requesting certifications under s. 108.227.

AB163,267 Section 267. 101.02 (20) (c) of the statutes is amended to read:

AB163,64,22 101.02 (20) (c) The department of safety and professional services may not issue or renew a license if the department of revenue certifies under s. 73.0301 that the applicant or licensee is liable for delinquent taxes or if the department of workforce development certifies under s. 108.227 that the applicant or licensee is liable for delinquent unemployment insurance contributions.

AB163,268 Section 268. 101.02 (20) (d) of the statutes is amended to read:

AB163,65,3 101.02 (20) (d) The department of safety and professional services shall revoke a license if the department of revenue certifies under s. 73.0301 that the licensee is liable for delinquent taxes or if the department of workforce development certifies under s. 108.227 that the licensee is liable for delinquent unemployment insurance contributions.

AB163,269 Section 269. 101.02 (20) (e) 1. of the statutes is amended to read:

AB163,65,10 101.02 (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 safety and professional services that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of children and families.

AB163,270 Section 270. 101.02 (21) (b) of the statutes is amended to read:

AB163,65,20 101.02 (21) (b) As provided in the memorandum of understanding under s. 49.857 and except as provided in par. (e), the department of safety and professional services may not issue or renew a license unless the applicant provides the department of safety and professional services with his or her social security number. The department of safety and professional services may not disclose the social security number except that the department of safety and professional services 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 children and families for the sole purpose of administering s. 49.22.

AB163,271 Section 271. 101.02 (21) (e) 1. of the statutes is amended to read:

AB163,66,2 101.02 (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 safety and professional services that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of children and families.

AB163,272 Section 272. 101.12 (1) (intro.) of the statutes is amended to read:

AB163,66,8 101.12 (1) (intro.) Except for plans that are reviewed by the department of health services under ss. 50.02 (2) (b) and, 50.025, 50.36 (2), or 50.92 (3m), the department shall require the submission of essential drawings, calculations and specifications for public buildings, public structures and places of employment including the following components: