AB163: Bill Text

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:

AB163,273 Section 273. 101.149 (6) (b) of the statutes is amended to read:

AB163,66,20 101.149 (6) (b) The department shall promulgate rules, in consultation with the department of health services, under which the department of safety and professional services shall authorize certified heating, ventilating, and air conditioning inspectors to conduct regular inspections of sealed combustion units, as required under sub. (5) (c), for carbon monoxide emissions in residential buildings other than hotels, tourist rooming houses, and bed and breakfast establishments. The rules shall specify conditions under which it may issue orders as specified under sub. (8) (a). The rules may not require the department of safety and professional services to authorize inspection of sealed combustion units during the period in which the sealed combustion units are covered by a manufacturer's warranty against defects.

AB163,274 Section 274. 101.149 (8) (a) of the statutes is amended to read:

AB163,67,5 101.149 (8) (a) If the department of safety and professional services or the department of health services determines after an inspection of a building under this section or s. 254.74 (1g) that the owner of the building has violated sub. (2) or (3), the respective department shall issue an order requiring the person to correct the violation within 5 days or within such shorter period as the respective department determines is necessary to protect public health and safety. If the person does not correct the violation within the time required, he or she shall forfeit $50 for each day of violation occurring after the date on which the respective department finds that the violation was not corrected.

AB163,275 Section 275. 101.31 of the statutes is repealed.

AB163,276 Section 276. 101.573 (3) (a) of the statutes is amended to read:

AB163,67,15 101.573 (3) (a) On or before May 1 in each year, the department shall compile the fire department dues paid by all insurers under s. 601.93 and the dues paid by the state fire fund under sub. (1) and funds remaining under par. (b), withhold .5% and certify to the secretary of administration the proper amount to be paid from the appropriation under s. 20.165 (2) 20.142 (4) (L) to each city, village, or town entitled to fire department dues under s. 101.575. Annually, on or before August 1, the secretary of administration shall pay the amounts certified by the department to the cities, villages and towns eligible under s. 101.575.

AB163,277 Section 277. 101.573 (5) of the statutes is amended to read:

AB163,67,18 101.573 (5) The department shall promulgate a rule defining "administrative expenses" for purposes of s. 20.165 (2) 20.142 (4) (La).

AB163,278 Section 278. 101.654 (1m) (e) of the statutes is amended to read:

AB163,67,23 101.654 (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 continuing education courses that are offered by other states.

AB163,279 Section 279. 101.657 of the statutes is repealed.

AB163,280 Section 280. 101.935 (2) (e) of the statutes is amended to read:

AB163,68,3 101.935 (2) (e) Section 254.69 (2), as it applies to an agent for the department of health services in the administration of s. 254.47, applies to an agent for the department of safety and professional services in the administration of this section.

AB163,281 Section 281. 101.951 (7) (a) of the statutes is amended to read:

AB163,68,12 101.951 (7) (a) The department of safety and professional services may, without notice, deny the application for a license within 60 days after receipt thereof by written notice to the applicant, stating the grounds for the denial. Within 30 days after such notice, the applicant may petition the department of administration to conduct a hearing to review the denial, and a hearing shall be scheduled with reasonable promptness. The division of hearings and appeals shall conduct the hearing. This paragraph does not apply to denials of applications for licenses under s. 101.02 (21).

AB163,282 Section 282. 101.951 (7) (b) of the statutes is amended to read:

AB163,69,2 101.951 (7) (b) No license may be suspended or revoked except after a hearing thereon. The department of safety and professional services shall give the licensee at least 5 days' notice of the time and place of the hearing. The order suspending or revoking such license shall not be effective until after 10 days' written notice thereof to the licensee, after such hearing has been had; except that the department of safety and professional services, when in its opinion the best interest of the public or the trade demands it, may suspend a license upon not less than 24 hours' notice of hearing and with not less than 24 hours' notice of the suspension of the license. Matters involving suspensions and revocations brought before the department of safety and professional services shall be heard and decided upon by the department of administration. The division of hearings and appeals shall conduct the hearing. This paragraph does not apply to licenses that are suspended or revoked under s. 101.02 (21).

AB163,283 Section 283. 101.951 (7) (c) of the statutes is amended to read:

AB163,69,8 101.951 (7) (c) The department of safety and professional services may inspect the pertinent books, records, letters and contracts of a licensee. The actual cost of each such examination shall be paid by such licensee so examined within 30 days after demand therefor by the department, and the department may maintain an action for the recovery of such costs in any court of competent jurisdiction.

AB163,284 Section 284. 101.953 (1) (a) of the statutes is amended to read:

AB163,69,13 101.953 (1) (a) A statement that the manufactured home meets those standards prescribed by law or administrative rule of the department of administration or of the department of safety and professional services that are in effect at the time of the manufacture of the manufactured home.

AB163,285 Section 285. 101.973 (8) of the statutes is amended to read:

AB163,69,16 101.973 (8) Deposit the moneys received from the fees under sub. (7) in the appropriation under s. 20.165 (2) 20.142 (4) (j).

AB163,286 Section 286. 107.30 (10) of the statutes is amended to read:

AB163,69,19 107.30 (10) "Mining damage appropriation" means the appropriation under s. 20.165 (2) 20.142 (4) (a).

AB163,287 Section 287. 107.31 (5) (a) (intro.) of the statutes is amended to read:

AB163,69,24 107.31 (5) (a) Calculation. (intro.) The mining damage reserve accumulation is calculated by subtracting the total amount of all mining damages awards paid from the appropriation under s. 20.445 (4) (a), 2001 stats., beginning on May 22, 1980 or paid from the appropriation under s. 20.165 (2) 20.142 (4) (a) from the sum of:

AB163,288 Section 288. 108.227 (1) (e) 3. of the statutes is amended to read:

AB163,70,6 108.227 (1) (e) 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).

AB163,289 Section 289. 108.227 (1) (e) 6. of the statutes is amended to read:

AB163,70,11 108.227 (1) (e) 6. A license or certificate of registration issued by the department of financial institutions, or a division of it, 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.

AB163,290 Section 290. 108.227 (1) (f) of the statutes is amended to read:

AB163,70,20 108.227 (1) (f) "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 revenue; the department of safety and professional services; the office of the commissioner of insurance; or the department of transportation.

AB163,291 Section 291. 111.335 (1) (cx) of the statutes is amended to read:

AB163,70,25 111.335 (1) (cx) Notwithstanding s. 111.322, it is not employment discrimination because of conviction record to refuse to employ or license, or to bar or terminate from employment or licensure, any individual who has been convicted of any offense under s. 38.50 100.67 (13) (c).

AB163,292 Section 292. 112.07 (1) of the statutes is amended to read:

AB163,72,3 112.07 (1) Notwithstanding any other provision of the statutes, any fiduciary, as defined in s. 112.01 (1) (b), who is holding securities in a fiduciary capacity, any bank or trust company holding securities as a custodian or managing agent, and any bank or trust company holding securities as custodian for a fiduciary may deposit or arrange for the deposit of such securities in a clearing corporation as defined in s. 408.102 (1) (e). When the securities are so deposited, certificates representing securities of the same class of the same issuer may be merged and held in bulk in the name of the nominee of the clearing corporation with any other such securities deposited in that clearing corporation by any person regardless of the ownership of the securities, and certificates of small denomination may be merged into one or more certificates of larger denomination. The records of the fiduciary and the records of the bank or trust company acting as custodian, as managing agent or as custodian for a fiduciary shall at all times show the name of the party for whose account the securities are so deposited. Ownership of, and other interests in, the securities may be transferred by bookkeeping entry on the books of the clearing corporation without physical delivery of certificates representing the securities. A bank or trust company which deposits securities pursuant to this section shall be subject to such rules and regulations as, in the case of state chartered institutions, the division of banking department of financial institutions and professional standards and, in the case of national banking associations, the comptroller of the currency may from time to time issue. A bank or trust company acting as custodian for a fiduciary shall, on demand by the fiduciary, certify in writing to the fiduciary the securities deposited by the bank or trust company in a clearing corporation pursuant to this section for the account of the fiduciary. A fiduciary shall, on demand by any party to a judicial proceeding for the settlement of the fiduciary's account or on demand by the attorney for such a party, certify in writing to the party the securities deposited by the fiduciary in the clearing corporation for its account as such fiduciary.

AB163,293 Section 293. 119.495 (2) of the statutes is amended to read:

AB163,72,13 119.495 (2) The board shall include in its budget transmitted to the common council under s. 119.16 (8) (b) a written notice specifying the amount of borrowing to be authorized in the budget for the ensuing year. The common council shall issue the notes and levy a direct annual irrepealable tax sufficient to pay the principal and interest on the notes as they become due. The common council may issue the notes by private sale. The common council shall make every effort to involve a minority investment firm certified under s. 16.287 203.07 as managing underwriter of the notes or to engage a minority financial adviser certified under s. 16.287 203.07 to advise the city regarding any public sale of the notes.

AB163,294 Section 294. 119.496 (2) of the statutes is amended to read:

AB163,72,24 119.496 (2) The board shall include in its budget transmitted to the common council under s. 119.16 (8) (b) a written notice specifying the amount of borrowing to be authorized in the budget for the ensuing year. The common council shall issue the notes and levy a direct annual irrepealable tax sufficient to pay the principal and interest on the notes as they become due. The common council may issue the notes by private sale. The common council shall establish goals of involving minority investment firms certified under s. 16.287 203.07 as managing underwriters for at least 50% of the total amount financed by the notes and of engaging a minority financial adviser certified under s. 16.287 203.07 to advise the city regarding any public sale of the notes.

AB163,295 Section 295. 125.04 (5) (a) 5. of the statutes is amended to read:

AB163,73,9 125.04 (5) (a) 5. Have successfully completed within the 2 years prior to the date of application a responsible beverage server training course at any location that is offered by a technical college district and that conforms to curriculum guidelines specified by the technical college system board or a comparable training course that is approved by the department or the educational approval board. This subdivision does not apply to an applicant who held, or who was an agent appointed and approved under sub. (6) of a corporation or limited liability company that held, within the past 2 years, a Class "A", "Class A" or "Class C" license or a Class "B" or "Class B" license or permit or a manager's or operator's license.

AB163,296 Section 296. 125.17 (6) (a) (intro.) of the statutes is amended to read:

AB163,73,18 125.17 (6) (a) (intro.) Except as provided in par. (b), no municipal governing body may issue an operator's license unless the applicant has successfully completed a responsible beverage server training course at any location that is offered by a technical college district and that conforms to curriculum guidelines specified by the technical college system board or a comparable training course, which may include computer-based training and testing, that is approved by the department or the educational approval board, or unless the applicant fulfills one of the following requirements:

AB163,297 Section 297. 134.66 (2m) (b) of the statutes is amended to read:

AB163,74,10 134.66 (2m) (b) Paragraph (a) does not apply to an agent, employee, or independent contractor who has received the training described in par. (a) as part of a responsible beverage server training course or a comparable training course, as described in s. 125.04 (5) (a) 5., that was successfully completed by the agent, employee, or independent contractor. The department of health services shall make the training program developed or approved by that department under par. (a) available to the technical college system board, and that board shall include that training program or a comparable training program approved by that department in the curriculum guidelines specified by that board under s. 125.04 (5) (a) 5. The department of health services shall also make the training program developed or approved by that department under par. (a) available to any provider of a comparable training course, as described in s. 125.04 (5) (a) 5., on request, and the department of revenue or the educational approval board may approve a comparable training course under s. 125.04 (5) (a) 5. only if that training course includes the training program developed or approved by the department of health services under par. (a) or a comparable training program approved by that department.

AB163,298 Section 298. 138.055 (4) (d) of the statutes is amended to read:

AB163,74,13 138.055 (4) (d) The division of banking department of financial institutions and professional standards for all other lenders.

AB163,299 Section 299. 138.056 (1) (a) 4. d. of the statutes is amended to read:

AB163,74,16 138.056 (1) (a) 4. d. The division of banking department of financial institutions and professional standards for all other lenders.

AB163,300 Section 300. 138.09 (1d) of the statutes is amended to read:

AB163,74,19 138.09 (1d) In this section, "division" "department" means the division of banking department of financial institutions and professional standards.

AB163,301 Section 301. 138.12 (1) (a) of the statutes is repealed.

AB163,302 Section 302. 138.12 (1) (am) of the statutes is created to read:

AB163,74,23 138.12 (1) (am) "Department" means the department of financial institutions and professional standards.

AB163,303 Section 303. 138.14 (1) (f) of the statutes is repealed.

AB163,304 Section 304. 138.14 (9r) (f) of the statutes is amended to read:

AB163,75,6 138.14 (9r) (f) The division department shall make copies of the informational materials under par. (a) available, upon request, to licensees and to the public, including making these informational materials available on the department's Internet site of the department of financial institutions. The division department may charge licensees a reasonable fee for printed copies of informational materials supplied under this paragraph.

AB163,305 Section 305. 138.16 (1) (a) of the statutes is amended to read:

AB163,75,9 138.16 (1) (a) "Division" Department means the division of banking attached to the department of financial institutions and professional standards.

AB163,306 Section 306. 145.01 (4m) of the statutes is renumbered 145.01 (4m) (intro.) and amended to read:

AB163,75,15 145.01 (4m) Failing private on-site wastewater treatment system. (intro.) "Failing private on-site wastewater treatment system" has the meaning specified under s. 145.245 (4). means a private on-site wastewater treatment system that causes or results in any of the following conditions:

AB163,307 Section 307. 145.01 (4m) (a) of the statutes is created to read:

AB163,75,17 145.01 (4m) (a) The discharge of sewage into surface water or groundwater.

AB163,308 Section 308. 145.01 (4m) (b) of the statutes is created to read:

AB163,75,20 145.01 (4m) (b) The introduction of sewage into zones of saturation which adversely affects the operation of a private on-site wastewater treatment system.

AB163,309 Section 309. 145.01 (4m) (c) of the statutes is created to read:

AB163,75,22 145.01 (4m) (c) The discharge of sewage to a drain tile or into zones of bedrock.

AB163,310 Section 310. 145.01 (4m) (d) of the statutes is created to read:

AB163,75,24 145.01 (4m) (d) The discharge of sewage to the surface of the ground.

AB163,311 Section 311. 145.01 (4m) (e) of the statutes is created to read:

AB163,76,2 145.01 (4m) (e) The failure to accept sewage discharges and backup of sewage into the structure served by the private on-site wastewater treatment system.

AB163,312 Section 312. 145.01 (12) of the statutes is amended to read: