AB150: Bill Text

AB150,1265,13 95.31 (2) Whenever the department determines that it is deemed necessary by the department to condemn diseased animals, the department shall, in all cases where the payment of indemnities is authorized under this chapter, appraise the condemned animals and agree in writing with the owner as to the value of the animals condemned or destroyed. In the absence of an agreement with the owner, written notice of the condemnation shall be given to the owner, his or her agent or the person in charge of the animals, and to the circuit court of the county in which the animals are located as provided in s. 95.32 and shall notify the owner in writing of the appraised value. The notice shall include the number and description of the animals and the name of the owner.

AB150, s. 3584 Section 3584. 95.31 (3) of the statutes is amended to read:

AB150,1266,2 95.31 (3) In addition to the indemnities for specific animal diseases provided under ss. 95.25, 95.26, and 95.27 and 95.35 or under special emergency programs and subject to s. 95.36, the department shall pay indemnities on livestock condemned and destroyed because of unknown or unidentified contagions or infections, the cause or nature of which cannot be fully determined at the time of condemnation. Indemnities for unknown or unidentified diseases shall be equal to other diseases if the condemnation and destruction is necessary to protect public health or the livestock industry. The indemnity under this subsection shall be two-thirds of the difference between net salvage value and appraised or agreed values value, but may not to exceed $600 $1,500 for an animal. As used in this subsection, "livestock" means bovines, equines, swine, sheep, goats, poultry and animals of species raised primarily to produce food for human consumption, including commercially raised deer, as defined in s. 95.25 (5m).

AB150, s. 3585 Section 3585. 95.31 (4) of the statutes is amended to read:

AB150,1266,15 95.31 (4) In the event of a major or serious outbreak of dangerous diseases affecting the health of domestic animals requiring special control measures, the department may request the joint committee on finance to release funds appropriated under s. 20.115 (2) (b) as needed to conduct emergency control programs independently or in cooperation with federal or local units of government and, subject to s. 95.36, to pay indemnities on animals of species raised primarily to produce food for human consumption, including commercially raised deer, as defined in s. 95.25 (5m), condemned and slaughtered or destroyed under the emergency control programs. For all indemnities paid under this subsection, the state shall pay two-thirds of the difference between the net salvage value and the appraised value of an animal, except that no payment may exceed the maximum amount prescribed by the department for the species type of the destroyed animal $1,500 for an animal.

AB150, s. 3586 Section 3586. 95.32 of the statutes is repealed and recreated to read:

AB150,1266,19 95.32 Appraised value. (1) The department shall determine the appraised value of an animal that is destroyed under s. 95.21 (4) (b), 95.25, 95.26, 95.27 or 95.31 (3) or (4) if the animal's owner is eligible for an indemnity.

AB150,1266,23 (2) Except as provided in sub. (3), the appraised value for an animal that is of an animal type that is frequently sold at public auction shall equal the average price paid for a commercial grade animal of the same animal type at public auction sales during a period specified by the department.

AB150,1267,3 (3) The appraised value of a registered purebred animal of an animal type that is frequently sold at public auction shall equal 125% of the amount determined under sub. (2) for that animal type.

AB150,1267,6 (4) Using a method specified under sub. (5) (c), the department shall determine the appraised value of an animal of an animal type that is not frequently sold at public auction.

AB150,1267,10 (5) (a) The department shall promulgate rules specifying animal types for the purposes of this section. The animal types may be based on characteristics of animals that include species, gender and age. The rules shall specify whether each animal type is frequently sold at public auction.

AB150,1267,14 (b) The department shall promulgate rules specifying the period of public auction sales that will be used in the appraisal of each animal type to which sub. (2) applies. The period may not begin more than 6 months before the date on which the department makes the appraisal.

AB150,1267,18 (c) The department shall promulgate rules specifying methods for determining the appraised value of animals of animal types that are not frequently sold at public auction. The methods shall be as consistent as possible with the method under sub. (2).

AB150, s. 3587 Section 3587. 95.35 (1) of the statutes is amended to read:

AB150,1267,24 95.35 (1) In the eradication and control of scrapie, the department may, whenever such action is necessary to prevent or reduce the spread of the disease, condemn and order the destruction of any sheep or goats which in the opinion of the department are infected with or have been exposed to scrapie and pay indemnities to the owner of the animals under this section.

AB150, s. 3588 Section 3588. 95.35 (3) of the statutes is amended to read:

AB150,1268,4 95.35 (3) The department may enter into cooperative agreements with the federal government or any department or other agency for the control and eradication of scrapie in this state, including the sharing of payments for indemnities authorized by this section.

AB150, s. 3589 Section 3589. 95.35 (4) of the statutes is repealed.

AB150, s. 3590 Section 3590. 95.35 (5) of the statutes is repealed.

AB150, s. 3591 Section 3591. 95.37 (1) of the statutes is amended to read:

AB150,1268,21 95.37 (1) Claims against the state arising from the condemnation of animals shall be made by delivering to the department, to be forwarded to the department of administration, a copy of the condemnation notice, and of the notice to the circuit court and return of the appraisers certified by the court a request, giving the name and place of residence of the owner, the date on which such the animals were condemned and the tag number of each animal, and also a statement of the salvage received and of the sum due from the state and any additional information as that the department requires. If the value was fixed by agreement the claim shall be made by delivering to the department to be forwarded to the department of administration the agreement or a sworn copy thereof and a statement of the salvage received and of the amount due from the state and any additional information demanded. The department shall promptly transmit all claims to the department of administration and accompany the same with a report of the sum due from the state and thereupon the claims may be audited and paid.

AB150, s. 3592 Section 3592. 95.51 of the statutes is repealed.

AB150, s. 3593 Section 3593. 95.64 of the statutes is repealed.

AB150, s. 3594 Section 3594. 95.65 of the statutes is repealed.

AB150, s. 3595 Section 3595. 95.66 of the statutes is repealed.

AB150, s. 3596 Section 3596. 95.99 (3) of the statutes is created to read:

AB150,1269,8 95.99 (3) A person who violates this chapter or any rule promulgated or order issued under this chapter, for which a specific penalty is not prescribed, may be required to forfeit not less than $200 nor more than $5,000 for the first offense and may be required to forfeit not less than $400 nor more than $5,000 for the 2nd or subsequent offense committed within 5 years of an offense for which a penalty has been assessed under this section. A forfeiture under this subsection is in lieu of a criminal penalty under sub. (1).

AB150, s. 3597 Section 3597. 96.17 (6) of the statutes is amended to read:

AB150,1269,17 96.17 (6) If a handler is not a resident or is not authorized to do business in this state, the handler may designate an agent upon whom service of process may be made in this state. The agent shall be a resident of this state or a corporation authorized to do business in this state. The designation shall be in writing and filed with the secretary of state department of revenue. If no designation is made and filed or if process cannot be served in this state upon the designated agent, after reasonable effort, process may be served upon the secretary of state department of revenue.

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

AB150,1270,2 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, s. 3599 Section 3599. 97.30 (3) (c) of the statutes is amended to read:

AB150,1270,12 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, s. 3600 Section 3600. 99.02 (3) (e) of the statutes is created to read:

AB150,1270,20 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, s. 3601 Section 3601. 100.03 (8) (bm) 3. of the statutes is amended to read:

AB150,1270,24 100.03 (8) (bm) 3. The security interest under subd. 1. d. shall be properly created, and shall be filed by the trustee with the secretary of state department of financial institutions under ch. 409.

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

AB150,1271,3 100.201 (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:

AB150,1271,4 a. The sales are at wholesale or retail.

AB150,1271,5 b. The sales are made to persons in this state.

AB150,1271,6 c. The selected dairy products are packaged for sale to consumers.

AB150,1271,9 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.

AB150,1271,13 (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.

AB150,1271,16 (c) The fee under this subsection is 0.1 cent for every $100 in sales. The fee shall be paid to the department by the 25th day of each month for sales made during the preceding month.

AB150,1271,20 (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, s. 3603 Section 3603. 100.23 (5) (b) (intro.) of the statutes is amended to read:

AB150,1271,23 100.23 (5) (b) (intro.) Has a current annual report on file with the secretary of state department of revenue which satisfies all of the following requirements:

AB150, s. 3604 Section 3604. 100.23 (5) (b) 2. of the statutes is amended to read:

AB150,1272,3 100.23 (5) (b) 2. Is on a form furnished to the association by the secretary of state department of revenue using information given as of the date of the execution of the report.

AB150, s. 3605 Section 3605. 100.23 (5) (b) 4. of the statutes is amended to read:

AB150,1272,8 100.23 (5) (b) 4. Is filed with the secretary of state department of revenue in each year following the year in which the association first filed the annual report required under this paragraph, during the calendar year quarter in which the anniversary of the filing occurs.

AB150, s. 3606 Section 3606. 100.23 (6) (intro.) of the statutes is amended to read:

AB150,1272,11 100.23 (6) (title) Secretary of state Department of revenue duties. (intro.) The secretary of state department of revenue shall:

AB150, s. 3607 Section 3607. 100.23 (6) (c) of the statutes is amended to read:

AB150,1272,19 100.23 (6) (c) Upon receipt of a report required under sub. (5) (b), determine if the report satisfies the requirements of sub. (5) (b). If the secretary of state department of revenue determines that the report does not satisfy all of those requirements, the secretary of state department of revenue shall return the report to the association which filed it, along with a notice of any correction required. If the association files a corrected report within 30 days after the association receives that notice, the report shall be deemed timely filed for purposes of sub. (5) (b) 4.

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

AB150,1273,2 100.263 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.

AB150, s. 3609 Section 3609. 100.295 (1) of the statutes is amended to read:

AB150,1273,13 100.295 (1) Labeling standards. The department shall establish standards that must be met by products in order for any person to represent that the products are recycled, recyclable or degradable. The department shall establish standards that are consistent, to the greatest extent practicable, with nationwide industry consensus standards. In developing standards, the department shall consult with the department of natural resources and the council on recycling market development board and consider purchasing specifications under s. 16.72 (2) (e) and (f) and any existing federal standards. The department shall give priority to establishing standards for specific products commonly represented as being recycled, recyclable or degradable.

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

AB150,1273,19 CHAPTER 101 DEPARTMENT OF INDUSTRY, LABOR AND HUMAN RELATIONS development — regulation of industry, buildings and safety

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

AB150,1273,24 101.01 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, s. 3612 Section 3612. 101.01 (1) (a) of the statutes is renumbered 103.001 (1).

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

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

AB150,1274,5 101.01 (1m) "Department" means the department of industry, labor and human relations development.

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

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

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

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

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

AB150,1274,13 101.01 (14) "Secretary" means the secretary of industry, labor and human relations development.

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

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

AB150,1274,20 101.01 (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, s. 3622 Section 3622. 101.01 (2) (b) of the statutes is renumbered 101.01 (4) and amended to read:

AB150,1275,2 101.01 (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, s. 3623 Section 3623. 101.01 (2) (c) of the statutes is renumbered 101.01 (5) and amended to read:

AB150,1275,9 101.01 (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, s. 3624 Section 3624. 101.01 (2) (d) of the statutes is renumbered 101.01 (6).

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

AB150,1275,21 101.01 (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, s. 3626 Section 3626. 101.01 (2) (f) of the statutes is renumbered 101.01 (11).

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

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

AB150,1276,7 101.01 (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, s. 3629 Section 3629. 101.01 (2) (i) of the statutes is renumbered 101.01 (15) and amended to read: