Amendment ASA-AB150

AB150-ASA,1230,6 94.705 (1) (title) Certification requirements; fees.

AB150-ASA, s. 3574 Section 3574. 94.705 (1) (d) of the statutes is amended to read:

AB150-ASA,1230,19 94.705 (1) (d) Except as provided under sub. (4), no commercial applicator may be certified except upon satisfactory completion of a written examination. The examination shall be designed to test the applicant's competency in each category of pesticide use for which the applicant seeks certification. A commercial applicator applying for certification shall pay an examination fee of $10 for each examination in each certification category. If an applicant fails an examination in any certification category, the applicant shall pay a fee of $5 each time the examination is retaken. The department may not administer an examination under this paragraph unless the applicant has paid the required fee. Any person exempt from license fees under s. 94.704 (3) (b) is also exempt from examination fees under this paragraph. The department shall deposit the fees collected under this paragraph in the agrichemical management fund.

AB150-ASA, s. 3574q Section 3574q. 94.73 (7) (a) of the statutes is amended to read:

AB150-ASA,1231,3 94.73 (7) (a) Beginning on August 1, 1994, the department may, in accordance with this subsection, make payments to responsible persons who are eligible for reimbursement under sub. (3) and for whom the department has authorized reimbursement under sub. (6). The department shall make payments from the appropriations under s. 20.115 (7) (e) and (w), subject to the availability of funds in those appropriations. The department shall make payments from each appropriation in the proportion that the amount of funds available from that appropriation bears to the total amount of funds available from both appropriations.

AB150-ASA, s. 3574r Section 3574r. 94.73 (7) (e) of the statutes is amended to read:

AB150-ASA,1231,21 94.73 (7) (e) The department shall make payments under par. (b) when funds are available in the appropriations under s. 20.115 (7) (e) and (w). The department shall make all payments under pars. (c) and (d) on the last day of each fiscal year in which a responsible person is entitled to receive a payment, except that the department may make initial payments for applications granted after April 30 of any year on the last day of the following fiscal year. When, on the last day of a fiscal year, the amount of funds available in the appropriations under s. 20.115 (7) (e) and (w) exceeds the amount necessary to make all payments under pars. (b), (c) and (d), the department may make an additional payment to a responsible person who received a payment under par. (b) or may increase the amount of a payment to a responsible person under par. (b) or (c) over the $50,000 or $100,000 maximum authorized under those paragraphs if the responsible person is authorized under sub. (6) to receive additional reimbursement. After paying the full amount authorized under sub. (6) to all responsible persons under pars. (b) and (c), the department may increase the amount of a payment to a responsible person under par. (d) over the $50,000 maximum authorized under par. (d) if the responsible person is authorized under sub. (6) to receive additional reimbursement.

AB150-ASA, s. 3576 Section 3576. 95.179 of the statutes is repealed.

AB150-ASA, s. 3598 Section 3598. 97.21 (4) (c) of the statutes is amended to read:

AB150-ASA,1232,7 97.21 (4) (c) Surcharge for operating without a license. An applicant for a bulk milk tanker operator or milk distributor license shall pay a license fee surcharge of $100 or twice the amount of the annual license fee specified under sub. (4m), whichever is less if the department determines that, within one year prior to submitting the license application, the applicant operated without a license or grade A permit in violation of this subsection section. Payment of this license fee surcharge does not relieve the applicant of any other civil or criminal liability which results from a violation of sub. (2) or (3), but does not constitute evidence of any violation of law.

AB150-ASA, s. 3599 Section 3599. 97.30 (3) (c) of the statutes is amended to read:

AB150-ASA,1232,17 97.30 (3) (c) Surcharge for operating without a license. An applicant for a retail food establishment license shall pay a license fee surcharge of $100 or twice the amount of the annual license fee specified under sub. (3m) whichever is less, if the department determines that, within one year prior to submitting a license application, the applicant operated the retail food establishment without a license in violation of this subsection. Payment of this license fee surcharge does not relieve the applicant of any other civil or criminal liability which results from the unlicensed operation of the retail food establishment, but does not constitute evidence of a violation of any law.

AB150-ASA, s. 3600 Section 3600. 99.02 (3) (e) of the statutes is created to read:

AB150-ASA,1232,25 99.02 (3) (e) An applicant for a public warehouse keeper's license shall pay a license fee surcharge of $100 if the department determines that, within one year before submitting the license application, the applicant operated the public warehouse without a license in violation of sub. (1). Payment of this license fee surcharge does not relieve the applicant of any other civil or criminal liability that results from the unlicensed operation of the public warehouse, but does not constitute evidence of any other violation of law.

AB150-ASA, s. 3601c Section 3601c. 100.18 (11) (b) 1. of the statutes is repealed.

AB150-ASA, s. 3601g Section 3601g. 100.18 (11) (d) of the statutes is amended to read:

AB150-ASA,1233,13 100.18 (11) (d) The department or the department of justice, after consulting with the department, or any district attorney, upon informing the department of justice, may commence an action in circuit court in the name of the state to restrain by temporary or permanent injunction any violation of this section. The court may in its discretion, prior to entry of final judgment, make such orders or judgments as may be necessary to restore to any person any pecuniary loss suffered because of the acts or practices involved in the action, provided proof thereof is submitted to the satisfaction of the court. The department and the department of justice may subpoena persons, and require the production of books and other documents, and the department of justice may request the department to exercise its authority under par. (c) to aid in the investigation of alleged violations of this section.

AB150-ASA, s. 3601p Section 3601p. 100.182 (5) (a) of the statutes is amended to read:

AB150-ASA,1233,21 100.182 (5) (a) Any district attorney, after informing the department of justice, or the department of justice or the department of agriculture, trade and consumer protection may seek a temporary or permanent injunction in circuit court to restrain any violation of this section. Prior to entering a final judgment the court may award damages to any person suffering monetary loss because of a violation. The department of justice may subpoena any person or require the production of any document to aid in investigating alleged violations of this section.

AB150-ASA, s. 3601t Section 3601t. 100.182 (5) (b) of the statutes is amended to read:

AB150-ASA,1234,5 100.182 (5) (b) In lieu of instituting or continuing an action under this subsection, the department of agriculture, trade and consumer protection or the department of justice may accept a written assurance from a violator of this section that the violation has ceased. If the terms of the assurance so provide, its acceptance by either the department prevents the other department and all district attorneys from prosecuting the violation. An assurance is not evidence of a violation of this section but violation of an assurance is subject to the penalties and remedies of violating this section.

AB150-ASA, s. 3602 Section 3602. 100.201 (6) of the statutes is repealed and recreated to read:

AB150-ASA,1234,9 100.201 (6) Fee on dairy products. (a) 1. Except as provided in subd. 2., a manufacturer or processor of selected dairy products shall pay a fee under par. (c) on its sales of those selected dairy products to which all of the following apply:

AB150-ASA,1234,10 a. The sales are at wholesale or retail.

AB150-ASA,1234,11 b. The sales are made to persons in this state.

AB150-ASA,1234,12 c. The selected dairy products are packaged for sale to consumers.

AB150-ASA,1234,15 2. Subdivision 1. does not apply to the operator of a retail food establishment licensed under s. 97.30 who manufactures or processes selected dairy products at that establishment solely for retail sale at that establishment.

AB150-ASA,1234,19 (b) The first person in this state to receive selected dairy products that are manufactured or processed outside of this state and that are packaged for sale to consumers shall pay a fee under par. (c) on sales of those selected dairy products to persons in this state.

AB150-ASA,1234,24 (c) The fee under this subsection is 5.49 cents per hundred pounds of ice cream products and 0.44 cent per hundred pounds of other dairy products or such other amount as specified by the department by rule. The fee shall be paid to the department by the 25th day of each month for sales made during the preceding month.

AB150-ASA,1235,4 (d) The failure to pay fees under this subsection within the time provided under par. (c) is a violation of this section. The department may also commence an action to recover the amount of any overdue fees plus interest at the rate of 2% per month for each month that the fees are delinquent.

AB150-ASA,1235,7 (e) The department shall keep confidential information obtained under this subsection concerning the amount of dairy products sold by specific manufacturers and processors.

AB150-ASA, s. 3602b Section 3602b. 100.205 (7) of the statutes is amended to read:

AB150-ASA,1235,16 100.205 (7) The department of justice, or any district attorney on informing the department of justice, may commence an action in circuit court in the name of the state to restrain by temporary or permanent injunction any violation of this section. The court may, before entry of final judgment and after satisfactory proof, make orders or judgments necessary to restore to any person any pecuniary loss suffered because of a violation of this section. The department of justice may conduct hearings, administer oaths, issue subpoenas and take testimony to aid in its investigation of violations of this section.

AB150-ASA, s. 3602f Section 3602f. 100.205 (8) of the statutes is amended to read:

AB150-ASA,1235,20 100.205 (8) The department of justice or any district attorney may commence an action in the name of the state to recover a forfeiture to the state of not more than $10,000 for each violation of this section.

AB150-ASA, s. 3602k Section 3602k. 100.207 (6) (b) 1. of the statutes is amended to read:

AB150-ASA,1236,8 100.207 (6) (b) 1. The department of justice, on its own initiative or at the request of after consulting with the department of agriculture, trade and consumer protection, or any district attorney upon informing the department of justice agriculture, trade and consumer protection, may commence an action in circuit court in the name of the state to restrain by temporary or permanent injunction any violation of this section. Injunctive relief may include an order directing telecommunications providers, as defined in s. 196.01 (8p), to discontinue telecommunications service provided to a person violating this section or ch. 196. Before entry of final judgment, the court may make such orders or judgments as may be necessary to restore to any person any pecuniary loss suffered because of the acts or practices involved in the action if proof of these acts or practices is submitted to the satisfaction of the court.

AB150-ASA, s. 3602p Section 3602p. 100.207 (6) (b) 2. of the statutes is amended to read:

AB150-ASA,1236,16 100.207 (6) (b) 2. The department of agriculture, trade and consumer protection may exercise its authority under ss. 93.14 to 93.16 and 100.18 (11) (c) to administer this section. The department and the department of justice may subpoena persons, and require the production of books and other documents, and the department of justice may request the department of agriculture, trade and consumer protection to exercise its authority to aid in the investigation of alleged violations of this section.

AB150-ASA, s. 3602s Section 3602s. 100.207 (6) (c) of the statutes is amended to read:

AB150-ASA,1236,23 100.207 (6) (c) Any person who violates subs. (2) to (4) shall be required to forfeit not less than $25 nor more than $5,000 for each offense. Forfeitures under this paragraph shall be enforced by the department of justice, on its own initiative or at the request of after consulting with the department of agriculture, trade and consumer protection, or, upon informing the department of justice, by the district attorney of the county where the violation occurs.

AB150-ASA, s. 3602w Section 3602w. 100.207 (6) (e) of the statutes is amended to read:

AB150-ASA,1237,3 100.207 (6) (e) The Subject to par. (em), the department of agriculture, trade and consumer protection, in consultation with the department of justice, shall promulgate rules under this section.

AB150-ASA, s. 3602x Section 3602x. 100.207 (6) (em) of the statutes is created to read:

AB150-ASA,1237,9 100.207 (6) (em) 1. Before preparing any proposed rule under this section, the department shall form an advisory group to suggest recommendations regarding the content and scope of the proposed rule. The advisory group shall consist of one or more persons who may be affected by the proposed rule, a representative from the department of justice and a representative from the public service commission.

AB150-ASA,1237,12 2. The department shall submit the recommendations under subd. 1., if any, to the legislature as part of the report required under s. 227.19 (2) and to the board of agriculture, trade and consumer protection.

AB150-ASA, s. 3602y Section 3602y. 100.21 (3) (a) of the statutes is amended to read:

AB150-ASA,1237,19 100.21 (3) (a) Any person making an energy savings or safety claim shall, upon written request by the department, submit information upon which the person relied to substantiate the claim. The department of justice may request the department to issue a written request under this paragraph for information to substantiate an energy savings or safety claim. Failure to submit information requested under this subsection is a violation of sub. (2) (a).

AB150-ASA, s. 3607m Section 3607m. 100.26 (6) of the statutes is amended to read:

AB150-ASA,1238,3 100.26 (6) The department, the department of justice, after consulting with the department, or any district attorney may commence an action in the name of the state to recover a civil forfeiture to the state of not less than $100 nor more than $10,000 for each violation of an injunction issued under s. 100.18, 100.182 or 100.20 (6) or. The department of agriculture, trade and consumer protection or any district attorney may commence an action in the name of the state to recover a civil forfeiture to the state of not less than $100 nor more than $10,000 for each violation of an order issued under s. 100.20.

AB150-ASA, s. 3608 Section 3608. 100.263 of the statutes is created to read:

AB150-ASA,1238,16 100.263 Recovery. In addition to other remedies available under this chapter, the court may award the department of justice the costs of investigation, an amount reasonably necessary to remedy the harmful effects of the violation and the expenses of prosecution, including attorney fees, from any person who violates this chapter. The department of justice shall deposit in the state treasury for deposit in the general fund all moneys that the court awards to the department or the state under this section. Ten percent of the money deposited in the general fund that was awarded under this section for the costs of investigation and the expenses of prosecution, including attorney fees, shall be credited to the appropriation account under s. 20.455 (1) (gh). All of the money deposited in the general fund that was awarded under this section to remedy the harmful effects of the violation shall be credited to the appropriation account under s. 20.455 (1) (gm).

AB150-ASA, s. 3608g Section 3608g. 100.263 of the statutes, as created by 1995 Wisconsin Act .... (this act), is amended to read:

AB150-ASA,1239,6 100.263 Recovery. In addition to other remedies available under this chapter, the court may award the department of justice the costs of investigation, and an amount reasonably necessary to remedy the harmful effects of the violation and the court may award the department of justice the expenses of prosecution, including attorney fees, from any person who violates this chapter. The department and the department of justice shall deposit in the state treasury for deposit in the general fund all moneys that the court awards to the department, the department of justice or the state under this section. Ten percent of the money deposited in the general fund that was awarded under this section for the costs of investigation and the expenses of prosecution, including attorney fees, shall be credited to the appropriation account under s. 20.455 (1) (gh). All of the money deposited in the general fund that was awarded under this section to remedy the harmful effects of the violation shall be credited to the appropriation account under s. 20.455 (1) (gm).

AB150-ASA, s. 3608r Section 3608r. 100.28 (4) (c) of the statutes is amended to read:

AB150-ASA,1239,10 100.28 (4) (c) The department of justice , or any district attorney, upon the request of the department, may commence an action in the name of the state under par. (a) or (b).

AB150-ASA, s. 3609m Section 3609m. 100.50 (6) (c) of the statutes is amended to read:

AB150-ASA,1239,14 100.50 (6) (c) The department of justice , or any district attorney, upon the request of the department, may commence an action in the name of the state under par. (a) or (b).

AB150-ASA, s. 3610 Section 3610. Chapter 101 (title) of the statutes is amended to read:

AB150-ASA,1239,20 CHAPTER 101 DEPARTMENT OF INDUSTRY, LABOR AND HUMAN RELATIONS development — regulation of industry, buildings and safety

AB150-ASA, s. 3611 Section 3611. 101.01 (1) (intro.) of the statutes is renumbered 101.01 (intro.) and amended to read:

AB150-ASA,1239,25 101.01 Definitions. (intro.)  In chs. 101 to 106 and 108 this chapter, the following words and phrases have the designated meanings unless a different meaning is expressly provided:

AB150-ASA, s. 3612 Section 3612. 101.01 (1) (a) of the statutes is renumbered 103.001 (1).

AB150-ASA, s. 3613 Section 3613. 101.01 (1) (b) of the statutes is renumbered 103.001 (2).

AB150-ASA, s. 3614 Section 3614. 101.01 (1) (c) of the statutes is renumbered 101.01 (1m) and amended to read:

AB150-ASA,1240,6 101.01 (1m) "Department" means the department of industry, labor and human relations development.

AB150-ASA, s. 3615 Section 3615. 101.01 (1) (d) of the statutes is renumbered 101.01 (2m).

AB150-ASA, s. 3616 Section 3616. 101.01 (1) (e) of the statutes is renumbered 101.01 (7).

AB150-ASA, s. 3617 Section 3617. 101.01 (1) (f) of the statutes is renumbered 101.01 (8).

AB150-ASA, s. 3618 Section 3618. 101.01 (1) (g) of the statutes is renumbered 101.01 (9).

AB150-ASA, s. 3619 Section 3619. 101.01 (1) (h) of the statutes is renumbered 101.01 (14) and amended to read:

AB150-ASA,1240,14 101.01 (14) "Secretary" means the secretary of industry, labor and human relations development.

AB150-ASA, s. 3620 Section 3620. 101.01 (2) (intro.) of the statutes is repealed.

AB150-ASA, s. 3621 Section 3621. 101.01 (2) (a) of the statutes is renumbered 101.01 (3) and amended to read:

AB150-ASA,1240,21 101.01 (3) The term "employe" shall mean and include every "Employe" means any person who may be required or directed by any employer, in consideration of direct or indirect gain or profit, to engage in any employment, or to go or work or be at any time in any place of employment.

AB150-ASA, s. 3622 Section 3622. 101.01 (2) (b) of the statutes is renumbered 101.01 (4) and amended to read:

AB150-ASA,1241,3 101.01 (4) The term "employer" shall mean and include every "Employer" means any person, firm, corporation, state, county, town, city, village, school district, sewer district, drainage district and other public or quasi-public corporations as well as any agent, manager, representative or other person having control or custody of any employment, place of employment or of any employe.

AB150-ASA, s. 3623 Section 3623. 101.01 (2) (c) of the statutes is renumbered 101.01 (5) and amended to read:

AB150-ASA,1241,10 101.01 (5) The term "employment" shall mean and include "Employment" means any trade, occupation or process of manufacture, or any method of carrying on such trade, occupation or process of manufacture in which any person may be engaged, except in such private domestic service as does not involve the use of mechanical power and in farm labor as used in par. (f) sub. (11).

AB150-ASA, s. 3624 Section 3624. 101.01 (2) (d) of the statutes is renumbered 101.01 (6).

AB150-ASA, s. 3625 Section 3625. 101.01 (2) (e) of the statutes is renumbered 101.01 (10) and amended to read:

AB150-ASA,1241,22 101.01 (10) The term "owner" shall mean and include every "Owner" means any person, firm, corporation, state, county, town, city, village, school district, sewer district, drainage district and other public or quasi-public corporations as well as any manager, representative, officer, or other person having ownership, control or custody of any place of employment or public building, or of the construction, repair or maintenance of any place of employment or public building, or who prepares plans for the construction of any place of employment or public building. Said ss. 101.01 to 101.25 This subchapter shall apply, so far as consistent, to all architects and builders.

AB150-ASA, s. 3626 Section 3626. 101.01 (2) (f) of the statutes is renumbered 101.01 (11).

AB150-ASA, s. 3627 Section 3627. 101.01 (2) (g) of the statutes is renumbered 101.01 (12).

AB150-ASA, s. 3628 Section 3628. 101.01 (2) (h) of the statutes is renumbered 101.01 (13) and amended to read:

AB150-ASA,1242,9 101.01 (13) The term "safe" " Safe" or "safety", as applied to an employment or a place of employment or a public building, shall mean means such freedom from danger to the life, health, safety or welfare of employes or frequenters, or the public, or tenants, or fire fighters, and such reasonable means of notification, egress and escape in case of fire, and such freedom from danger to adjacent buildings or other property, as the nature of the employment, place of employment, or public building, will reasonably permit.

AB150-ASA, s. 3629 Section 3629. 101.01 (2) (i) of the statutes is renumbered 101.01 (15) and amended to read:

AB150-ASA,1242,13 101.01 (15) The term "welfare" shall mean and include "Welfare" includes comfort, decency and moral well-being.

AB150-ASA, s. 3631 Section 3631. 101.02 (5) (c) of the statutes is amended to read: