AB150-engrossed,1251,22
94.705
(1) (title)
Certification requirements; fees.
AB150-engrossed,1251,154
94.705
(1) (d) Except as provided under sub. (4), no commercial applicator may
5be certified except upon satisfactory completion of a written examination. The
6examination shall be designed to test the applicant's competency in each category of
7pesticide use for which the applicant seeks certification.
A commercial applicator
8applying for certification shall pay an examination fee of $10 for each examination
9in each certification category. If an applicant fails an examination in any
10certification category, the applicant shall pay a fee of $5 each time the examination
11is retaken. The department may not administer an examination under this
12paragraph unless the applicant has paid the required fee. Any person exempt from
13license fees under s. 94.704 (3) (b) is also exempt from examination fees under this
14paragraph. The department shall deposit the fees collected under this paragraph in
15the agrichemical management fund.
AB150-engrossed,1251,2417
94.73
(7) (a) Beginning on August 1, 1994, the department may, in accordance
18with this subsection, make payments to responsible persons who are eligible for
19reimbursement under sub. (3) and for whom the department has authorized
20reimbursement under sub. (6). The department shall make payments from the
21appropriations under s. 20.115 (7) (e) and (w), subject to the availability of funds in
22those appropriations.
The department shall make payments from each
23appropriation in the proportion that the amount of funds available from that
24appropriation bears to the total amount of funds available from both appropriations.
AB150-engrossed,1252,17
194.73
(7) (e) The department shall make payments under par. (b) when funds
2are available in the appropriations under s. 20.115 (7) (e) and (w). The department
3shall make all payments under pars. (c) and (d) on the last day of each fiscal year in
4which a responsible person is entitled to receive a payment, except that the
5department may make initial payments for applications granted after April 30 of any
6year on the last day of the following fiscal year.
When, on the last day of a fiscal year,
7the amount of funds available in the appropriations under s. 20.115 (7) (e) and (w)
8exceeds the amount necessary to make all payments under pars. (b), (c) and (d), the
9department may make an additional payment to a responsible person who received
10a payment under par. (b) or may increase the amount of a payment to a responsible
11person under par. (b) or (c) over the $50,000 or $100,000 maximum authorized under
12those paragraphs if the responsible person is authorized under sub. (6) to receive
13additional reimbursement. After paying the full amount authorized under sub. (6)
14to all responsible persons under pars. (b) and (c), the department may increase the
15amount of a payment to a responsible person under par. (d) over the $50,000
16maximum authorized under par. (d) if the responsible person is authorized under
17sub. (6) to receive additional reimbursement.
AB150-engrossed,1253,220
96.17
(6) If a handler is not a resident or is not authorized to do business in this
21state, the handler may designate an agent upon whom service of process may be
22made in this state. The agent shall be a resident of this state or a corporation
23authorized to do business in this state. The designation shall be in writing and filed
24with the
secretary of state department of financial institutions. If no designation is
25made and filed or if process cannot be served in this state upon the designated agent,
1after reasonable effort, process may be served upon the
secretary of state department
2of financial institutions.
AB150-engrossed,1253,124
97.21
(4) (c)
Surcharge for operating without a license. An applicant for a bulk
5milk tanker operator or milk distributor license shall pay a license fee surcharge of
6$100
or twice the amount of the annual license fee specified under sub. (4m),
7whichever is less if the department determines that, within one year prior to
8submitting the license application, the applicant operated without a license or grade
9A permit in violation of this
subsection section. Payment of this license fee surcharge
10does not relieve the applicant of any other civil or criminal liability which results
11from a violation of sub. (2) or (3), but does not constitute evidence of any violation of
12law.
AB150-engrossed,1253,2214
97.30
(3) (c)
Surcharge for operating without a license. An applicant for a retail
15food establishment license shall pay a license fee surcharge of $100
or twice the
16amount of the annual license fee specified under sub. (3m) whichever is less, if the
17department determines that, within one year prior to submitting a license
18application, the applicant operated the retail food establishment without a license
19in violation of this subsection. Payment of this license fee surcharge does not relieve
20the applicant of any other civil or criminal liability which results from the unlicensed
21operation of the retail food establishment, but does not constitute evidence of a
22violation of any law.
AB150-engrossed,1254,524
99.02
(3) (e) An applicant for a public warehouse keeper's license shall pay a
25license fee surcharge of $100 if the department determines that, within one year
1before submitting the license application, the applicant operated the public
2warehouse without a license in violation of sub. (1). Payment of this license fee
3surcharge does not relieve the applicant of any other civil or criminal liability that
4results from the unlicensed operation of the public warehouse, but does not
5constitute evidence of any other violation of law.
AB150-engrossed,1254,97
100.03
(8) (bm) 3. The security interest under subd. 1. d. shall be properly
8created, and shall be filed by the trustee with the
secretary of state department of
9financial institutions under ch. 409.
AB150-engrossed,1254,2212
100.18
(11) (d) The department or the department of justice
, after consulting
13with the department, or any district attorney, upon informing the department
of
14justice, may commence an action in circuit court in the name of the state to restrain
15by temporary or permanent injunction any violation of this section. The court may
16in its discretion, prior to entry of final judgment, make such orders or judgments as
17may be necessary to restore to any person any pecuniary loss suffered because of the
18acts or practices involved in the action, provided proof thereof is submitted to the
19satisfaction of the court. The
department and the department of justice may
20subpoena persons
, and require the production of books and other documents, and
the
21department of justice may request the department to exercise its authority under
22par. (c) to aid in the investigation of alleged violations of this section.
AB150-engrossed,1255,524
100.182
(5) (a) Any district attorney, after informing the department
of justice,
25or the department
of justice or the department of agriculture, trade and consumer
1protection may seek a temporary or permanent injunction in circuit court to restrain
2any violation of this section. Prior to entering a final judgment the court may award
3damages to any person suffering monetary loss because of a violation. The
4department
of justice may subpoena any person or require the production of any
5document to aid in investigating alleged violations of this section.
AB150-engrossed,1255,147
100.182
(5) (b) In lieu of instituting or continuing an action under this
8subsection, the department
of agriculture, trade and consumer protection or the
9department of justice may accept a written assurance from a violator of this section
10that the violation has ceased. If the terms of the assurance so provide, its acceptance
11by
either the department prevents
the other department and all district attorneys
12from prosecuting the violation. An assurance is not evidence of a violation of this
13section but violation of an assurance is subject to the penalties and remedies of
14violating this section.
AB150-engrossed,1255,1816
100.201
(6) Fee on dairy products. (a) 1. Except as provided in subd. 2., a
17manufacturer or processor of selected dairy products shall pay a fee under par. (c) on
18its sales of those selected dairy products to which all of the following apply:
AB150-engrossed,1255,1919
a. The sales are at wholesale or retail.
AB150-engrossed,1255,2020
b. The sales are made to persons in this state.
AB150-engrossed,1255,2121
c. The selected dairy products are packaged for sale to consumers.
AB150-engrossed,1255,2422
2. Subdivision 1. does not apply to the operator of a retail food establishment
23licensed under s. 97.30 who manufactures or processes selected dairy products at
24that establishment solely for retail sale at that establishment.
AB150-engrossed,1256,4
1(b) The first person in this state to receive selected dairy products that are
2manufactured or processed outside of this state and that are packaged for sale to
3consumers shall pay a fee under par. (c) on sales of those selected dairy products to
4persons in this state.
AB150-engrossed,1256,95
(c) The fee under this subsection is 5.49 cents per hundred pounds of ice cream
6products and 0.44 cent per hundred pounds of other dairy products or such other
7amount as specified by the department by rule. The fee shall be paid to the
8department by the 25th day of each month for sales made during the preceding
9month.
AB150-engrossed,1256,1310
(d) The failure to pay fees under this subsection within the time provided under
11par. (c) is a violation of this section. The department may also commence an action
12to recover the amount of any overdue fees plus interest at the rate of 2% per month
13for each month that the fees are delinquent.
AB150-engrossed,1256,1614
(e) The department shall keep confidential information obtained under this
15subsection concerning the amount of dairy products sold by specific manufacturers
16and processors.
AB150-engrossed,1256,2518
100.205
(7) The department
of justice, or any district attorney on informing the
19department
of justice, may commence an action in circuit court in the name of the
20state to restrain by temporary or permanent injunction any violation of this section.
21The court may, before entry of final judgment and after satisfactory proof, make
22orders or judgments necessary to restore to any person any pecuniary loss suffered
23because of a violation of this section. The department
of justice may conduct
24hearings, administer oaths, issue subpoenas and take testimony to aid in its
25investigation of violations of this section.
AB150-engrossed,1257,42
100.205
(8) The department
of justice or any district attorney may commence
3an action in the name of the state to recover a forfeiture to the state of not more than
4$10,000 for each violation of this section.
AB150-engrossed,1257,176
100.207
(6) (b) 1. The department of justice,
on its own initiative or at the
7request of after consulting with the department of agriculture, trade and consumer
8protection, or any district attorney upon informing the department of
justice 9agriculture, trade and consumer protection, may commence an action in circuit court
10in the name of the state to restrain by temporary or permanent injunction any
11violation of this section. Injunctive relief may include an order directing
12telecommunications providers, as defined in s. 196.01 (8p), to discontinue
13telecommunications service provided to a person violating this section or ch. 196.
14Before entry of final judgment, the court may make such orders or judgments as may
15be necessary to restore to any person any pecuniary loss suffered because of the acts
16or practices involved in the action if proof of these acts or practices is submitted to
17the satisfaction of the court.
AB150-engrossed,1257,2519
100.207
(6) (b) 2. The department
of agriculture, trade and consumer
20protection may exercise its authority under ss. 93.14 to 93.16 and 100.18 (11) (c) to
21administer this section. The
department and the department of justice may
22subpoena persons
, and require the production of books and other documents, and
the
23department of justice may request the department of agriculture, trade and
24consumer protection to exercise its authority to aid in the investigation of alleged
25violations of this section.
AB150-engrossed,1258,72
100.207
(6) (c) Any person who violates subs. (2) to (4) shall be required to
3forfeit not less than $25 nor more than $5,000 for each offense. Forfeitures under this
4paragraph shall be enforced by the department of justice,
on its own initiative or at
5the request of after consulting with the department of agriculture, trade and
6consumer protection, or, upon informing the department
of justice, by the district
7attorney of the county where the violation occurs.
AB150-engrossed,1258,119
100.207
(6) (e)
The Subject to par. (em), the department
of agriculture, trade
10and consumer protection, in consultation with the department of justice, shall
11promulgate rules under this section.
AB150-engrossed,1258,1713
100.207
(6) (em) 1. Before preparing any proposed rule under this section, the
14department shall form an advisory group to suggest recommendations regarding the
15content and scope of the proposed rule. The advisory group shall consist of one or
16more persons who may be affected by the proposed rule, a representative from the
17department of justice and a representative from the public service commission.
AB150-engrossed,1258,2018
2. The department shall submit the recommendations under subd. 1., if any,
19to the legislature as part of the report required under s. 227.19 (2) and to the board
20of agriculture, trade and consumer protection.
AB150-engrossed,1259,222
100.21
(3) (a) Any person making an energy savings or safety claim shall, upon
23written request by the department, submit information upon which the person relied
24to substantiate the claim.
The department of justice may request the department to
25issue a written request under this paragraph for information to substantiate an
1energy savings or safety claim. Failure to submit information requested under this
2subsection is a violation of sub. (2) (a).
AB150-engrossed,1259,64
100.23
(5) (b) (intro.) Has a current annual report on file with the
secretary of
5state department of financial institutions which satisfies all of the following
6requirements:
AB150-engrossed,1259,108
100.23
(5) (b) 2. Is on a form furnished to the association by the
secretary of
9state department of financial institutions using information given as of the date of
10the execution of the report.
AB150-engrossed,1259,1512
100.23
(5) (b) 4. Is filed with the
secretary of state department of financial
13institutions in each year following the year in which the association first filed the
14annual report required under this paragraph, during the calendar year quarter in
15which the anniversary of the filing occurs.
AB150-engrossed,1259,1817
100.23
(6) (title)
Secretary of state Department of financial institutions
18duties. (intro.) The
secretary of state department of financial institutions shall:
AB150-engrossed,1260,220
100.23
(6) (c) Upon receipt of a report required under sub. (5) (b), determine
21if the report satisfies the requirements of sub. (5) (b). If the
secretary of state 22department of financial institutions determines that the report does not satisfy all
23of those requirements, the
secretary of state department of financial institutions 24shall return the report to the association which filed it, along with a notice of any
25correction required. If the association files a corrected report within 30 days after
1the association receives that notice, the report shall be deemed timely filed for
2purposes of sub. (5) (b) 4.
AB150-engrossed,1260,114
100.26
(6) The
department, the department of justice
, after consulting with the
5department, or any district attorney may commence an action in the name of the
6state to recover a civil forfeiture to the state of not less than $100 nor more than
7$10,000 for each violation of an injunction issued under s. 100.18, 100.182 or 100.20
8(6)
or. The department of agriculture, trade and consumer protection or any district
9attorney may commence an action in the name of the state to recover a civil forfeiture
10to the state of not less than $100 nor more than $10,000 for each violation of an order
11issued under s. 100.20.
AB150-engrossed,1260,24
13100.263 Recovery. In addition to other remedies available under this chapter,
14the court may award the department of justice the costs of investigation, an amount
15reasonably necessary to remedy the harmful effects of the violation and the expenses
16of prosecution, including attorney fees, from any person who violates this chapter.
17The department of justice shall deposit in the state treasury for deposit in the general
18fund all moneys that the court awards to the department or the state under this
19section. Ten percent of the money deposited in the general fund that was awarded
20under this section for the costs of investigation and the expenses of prosecution,
21including attorney fees, shall be credited to the appropriation account under s.
2220.455 (1) (gh). All of the money deposited in the general fund that was awarded
23under this section to remedy the harmful effects of the violation shall be credited to
24the appropriation account under s. 20.455 (1) (gm).
AB150-engrossed, s. 3608g
1Section 3608g. 100.263 of the statutes, as created by 1995 Wisconsin Act ....
2(this act), is amended to read:
AB150-engrossed,1261,15
3100.263 Recovery. In addition to other remedies available under this chapter,
4the court may award the department
of justice the costs of investigation
, and an
5amount reasonably necessary to remedy the harmful effects of the violation and
the
6court may award the department of justice the expenses of prosecution, including
7attorney fees, from any person who violates this chapter. The department
and the
8department of justice shall deposit in the state treasury for deposit in the general
9fund all moneys that the court awards to the department
, the department of justice 10or the state under this section. Ten percent of the money deposited in the general
11fund that was awarded under this section for the costs of investigation and the
12expenses of prosecution, including attorney fees, shall be credited to the
13appropriation account under s. 20.455 (1) (gh). All of the money deposited in the
14general fund that was awarded under this section to remedy the harmful effects of
15the violation shall be credited to the appropriation account under s. 20.455 (1) (gm).
AB150-engrossed,1261,1917
100.28
(4) (c) The department
of justice
, or any district attorney
, upon the
18request of the department, may commence an action in the name of the state under
19par. (a) or (b).
AB150-engrossed,1261,2321
100.50
(6) (c) The department
of justice
, or any district attorney
, upon the
22request of the department, may commence an action in the name of the state under
23par. (a) or (b).
AB150-engrossed,1262,5
1CHAPTER 101
2
DEPARTMENT OF
INDUSTRY, LABOR
3
AND HUMAN RELATIONS development —
4
regulation of industry,
5
buildings and safety
AB150-engrossed, s. 3611
6Section
3611. 101.01 (1) (intro.) of the statutes is renumbered 101.01 (intro.)
7and amended to read:
AB150-engrossed,1262,10
8101.01 Definitions. (intro.) In
chs. 101 to 106 and 108 this chapter, the
9following words and phrases have the designated meanings unless a different
10meaning is expressly provided:
AB150-engrossed, s. 3614
13Section
3614. 101.01 (1) (c) of the statutes is renumbered 101.01 (1m) and
14amended to read:
AB150-engrossed,1262,1615
101.01
(1m) "Department" means the department of
industry, labor and
16human relations development.
AB150-engrossed, s. 3619
21Section
3619. 101.01 (1) (h) of the statutes is renumbered 101.01 (14) and
22amended to read:
AB150-engrossed,1262,2423
101.01
(14) "Secretary" means the secretary of
industry, labor and human
24relations development.
AB150-engrossed,1263,63
101.01
(3) The term "employe" shall mean and include every "Employe" means
4any person who may be required or directed by any employer, in consideration of
5direct or indirect gain or profit, to engage in any employment, or to go or work or be
6at any time in any place of employment.