MGG&RCT:all:hmh
1997 - 1998 LEGISLATURE
January 15, 1998 - Introduced by
Law Revision Committee. Referred to
Committee on Agriculture and Environmental Resources.
SB400,1,11
1An Act to repeal 134.24 (1) (b);
to renumber 134.24 (title) and (1) (intro.) and
2(a), 134.24 (1) (c) to (g), 134.24 (3), 134.24 (6) and (7), 134.67 (title), 134.67
3(intro.), 134.67 (2) (a) 1. to 3. and 134.67 (2) (b) 1. to 3.;
to renumber and
4amend 134.22, 134.24 (2), 134.24 (4), 134.24 (5), 134.42, 134.67 (2) (a) (intro.),
5134.67 (2) (b) (intro.), 134.67 (2) (c), 134.68, 134.70, 134.705, 134.74, 134.83 and
6134.85; and
to amend 15.135 (4) (c) 1., 46.03 (37) (intro.), 46.03 (37) (a), 46.03
7(37) (b), 60.23 (24), 100.18 (8), 100.26 (1), 134.95 (2), 134.95 (3), 134.99 (1),
8165.25 (4) (ar) and 707.55 (10) of the statutes;
relating to: advisory members
9of the land and water conservation board and the renumbering of certain
10provisions of chapter 134 of the statutes (suggested as remedial legislation by
11the department of agriculture, trade and consumer protection).
Analysis by the Legislative Reference Bureau
Current law requires the land and water conservation board to invite the U.S.
secretary of agriculture to appoint a representative of the soil conservation service
and a representative of the agricultural stabilization and conservation service to
serve as advisory members of the board. This bill changes this provision so that it
refers to representatives of the natural resources conservation service and the farm
service agency.
Chapter 134 of the statutes deals with regulation of certain trades. Most of the
provisions in this chapter are not administered by any state agency. This bill
renumbers the provisions in the chapter that are administered by the department
of agriculture, trade and consumer protection or the department of health and family
services into more appropriate chapters. The bill makes no major substantive
changes to current law.
For further information, see the Notes provided by the law revision committee
of the legislative council.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
Law revision committee prefatory note: This bill is a remedial legislation
proposal, requested by the department of agriculture, trade and consumer protection and
introduced by the law revision committee under s. 13.83 (1) (c) 4., stats. After careful
consideration of the various provisions of this bill, the law revision committee has
determined that this bill makes minor substantive changes in the statutes, and that these
changes are desirable as a matter of public policy.
SB400, s. 1
1Section
1. 15.135 (4) (c) 1. of the statutes is amended to read:
SB400,2,52
15.135
(4) (c) 1. The U.S. secretary of agriculture to appoint a representative
3of the
soil natural resources conservation service and a representative of the
4agricultural stabilization and conservation farm service
agency to serve as advisory
5members of the board.
Note: According to the department of agriculture, trade and consumer protection,
the proposed changes to this statute reflect organizational changes at the United States
department of agriculture.
SB400, s. 2
6Section
2
. 46.03 (37) (intro.) of the statutes is amended to read:
SB400,2,97
46.03
(37) First aid instruction. (intro.) In connection with first aid and
8cardiopulmonary resuscitation instruction to fitness center employes required
9under s.
134.705 100.178, do all of the following:
SB400, s. 3
10Section
3. 46.03 (37) (a) of the statutes is amended to read:
SB400,2,1211
46.03
(37) (a) Promulgate rules establishing standards and procedures under
12s.
134.705 100.178 (5) (a) to (c).
SB400, s. 4
1Section
4. 46.03 (37) (b) of the statutes is amended to read:
SB400,3,42
46.03
(37) (b) Approve individuals, organizations or institutions of higher
3education which teach fitness center employes basic first aid and basic
4cardiopulmonary resuscitation under s.
134.705 100.178 (2).
SB400, s. 5
5Section
5. 60.23 (24) of the statutes is amended to read:
SB400,3,96
60.23
(24) Cable television. Enact and enforce an ordinance, and provide
7forfeitures for a violation of that ordinance, that is similar to s.
134.42 100.209, or
8that gives a cable service subscriber greater rights than the rights under s.
134.42 9100.209 (2).
SB400, s. 6
10Section
6. 100.18 (8) of the statutes is amended to read:
SB400,4,411
100.18
(8) Every wholesaler and every other person selling or distributing
12motor fuel in this state shall keep posted in a conspicuous place, most accessible to
13the public at his or her place of business, and on every pump from which delivery is
14made directly into the fuel tank attached to a motor vehicle, a placard showing the
15net selling price per gallon of all grades of motor fuel and the amount of all taxes per
16gallon thereon. On pumps or other dispensing equipment from which motor fuel is
17sold and delivered directly into fuel supply tanks attached to motor vehicles, such
18posting shall be in figures not less than one inch high, except that no such placard
19shall be required on a computer pump whereon the total net selling price per gallon
20including all taxes is legibly shown on its face. Except for sales to drivers of motor
21vehicles used by physically disabled persons under s.
134.85 100.51 (5), all sales shall
22be made at the posted price. Delivery slips shall also show the net selling price per
23gallon of all grades of motor fuel and the amount of all taxes per gallon thereon. If
24the wholesaler or person has more than one place of business in this state, the
25wholesaler or person shall post that placard at all of his or her places of business.
1All prices posted shall remain in effect for at least 24 hours after they are posted.
2It shall be considered deceptive advertising to advertise or represent in any manner
3the price of motor fuel offered for sale at retail to be less than the price so posted on
4each pump.
SB400, s. 7
5Section
7. 100.26 (1) of the statutes is amended to read:
SB400,4,96
100.26
(1) Any person who violates any provision of this chapter, except s.
7100.18
or, 100.20
, 100.206 or 100.51, for which no specific penalty is prescribed shall
8be fined not to exceed $200, or imprisoned in the county jail not more than 6 months
9or both.
SB400, s. 8
10Section
8. 134.22 of the statutes is renumbered 100.173, and 100.173 (4)
11(intro.) and (a), as renumbered, are amended to read:
SB400,4,1612
100.173
(4) (intro.) The department
of agriculture, trade and consumer
13protection shall investigate violations of this section. The department
of agriculture,
14trade and consumer protection, or any district attorney upon informing the
15department
of agriculture, trade and consumer protection, may, on behalf of the
16state, do any of the following:
SB400,4,2417
(a) Bring an action for temporary or permanent injunctive relief in any court
18of competent jurisdiction for any violation of this section. The relief sought by the
19department
of agriculture, trade and consumer protection or district attorney may
20include the payment by a promoter into an escrow account of an amount estimated
21to be sufficient to pay for ticket refunds. The court may, upon entry of final judgment,
22award restitution when appropriate to any person suffering loss because of
23violations of this section if proof of such loss is submitted to the satisfaction of the
24court.
SB400, s. 9
1Section
9. 134.24 (title) and (1) (intro.) and (a) of the statutes are renumbered
2100.206 (title) and (1) (intro.) and (a).
SB400, s. 10
3Section
10. 134.24 (1) (b) of the statutes is repealed.
SB400, s. 11
4Section
11. 134.24 (1) (c) to (g) of the statutes are renumbered 100.206 (1) (c)
5to (g).
SB400, s. 12
6Section
12. 134.24 (2) of the statutes is renumbered 100.206 (2), and 100.206
7(2) (a) 1., as renumbered, is amended to read:
SB400,5,108
100.206
(2) (a) 1. A certified copy of each document that is used at the time of
9filing by the performing rights society to enter into a contract with a proprietor
doing
10business who operates a retail establishment or restaurant in this state.
SB400, s. 14
13Section
14. 134.24 (4) of the statutes is renumbered 100.206 (4), and 100.206
14(4) (b) 1., as renumbered, is amended to read:
SB400,5,1715
100.206
(4) (b) 1. The proprietor's name and
business commercial address and
16the name and location of each retail establishment and restaurant to which the
17contract applies.
SB400, s. 15
18Section
15. 134.24 (5) of the statutes is renumbered 100.206 (5), and 100.206
19(5) (a) and (b), as renumbered, are amended to read:
SB400,5,2420
100.206
(5) (a) Enter the
business
commercial premises of a proprietor to
21discuss a contract under this section with the proprietor or his or her employes,
22without identifying himself or herself and making known the purpose of the visit
23before commencing any further communication with the proprietor or the
24proprietor's employes.
SB400,6,2
1 (b) Engage in any coercive conduct, act or practice that disrupts the
business 2commercial premises of a proprietor in a substantial manner.
SB400, s. 16
3Section
16. 134.24 (6) and (7) of the statutes are renumbered 100.206 (6) and
4(7).
SB400, s. 17
5Section
17. 134.42 of the statutes is renumbered 100.209, and 100.209 (3) and
6(4) (b), as renumbered, are amended to read:
SB400,6,127
100.209
(3) Rules and local ordinances allowed. This section does not
8prohibit the department
of agriculture, trade and consumer protection from
9promulgating a rule or from issuing an order consistent with its authority under
ch.
10100 this chapter that gives a subscriber greater rights than the rights under sub. (2)
11or prohibit a city, village or town from enacting an ordinance that gives a subscriber
12greater rights than the rights under sub. (2).
SB400,6,15
13(4) (b) The department
of agriculture, trade and consumer protection and the
14district attorneys of this state have concurrent authority to institute civil
15proceedings under this section.
SB400, s. 18
16Section
18. 134.67 (title) of the statutes is renumbered 94.709 (title).
SB400, s. 19
17Section
19. 134.67 (intro.) of the statutes is renumbered 94.709 (1).
SB400,6,2420
94.709
(2) (a) (intro.) In the event of the outbreak of an epidemic disease of
21humans or animals spread by insects which it is known can be controlled by DDT but
22cannot be adequately controlled by any other known pesticide, the department
of
23agriculture, trade and consumer protection may authorize the use of DDT in
24controlling the epidemic upon a finding that:
SB400, s. 21
1Section
21. 134.67 (2) (a) 1. to 3. of the statutes are renumbered 94.709 (2) (a)
21. to 3.
SB400,7,105
94.709
(2) (b) (intro.) In the event of the outbreak of a plant disease of epidemic
6proportions which threatens a significant portion of the affected crop and which is
7caused or spread by an insect which it is known can be controlled by DDT but cannot
8be adequately controlled by any other known pesticide, the department
of
9agriculture, trade and consumer protection may authorize the use of DDT in
10controlling the epidemic upon a finding that:
SB400, s. 23
11Section
23. 134.67 (2) (b) 1. to 3. of the statutes are renumbered 94.709 (2) (b)
121. to 3.
SB400,7,1815
94.709
(2) (c) The department
of agriculture, trade and consumer protection 16also may authorize the use of DDT or its isomers or metabolites for specified research
17by educational institutions if it finds that no ecologically significant residues of DDT
18or its isomers or metabolites will be allowed to escape into the environment.
SB400, s. 25
19Section
25. 134.68 of the statutes is renumbered 100.175, and 100.175 (5) (a)
20(intro.) and (b) and (7) (a) (intro.), as renumbered, are amended to read:
SB400,8,221
100.175
(5) (a) (intro.) No person may collect or by contract require a buyer to
22pay more than $100 for dating services before the buyer receives or has the
23opportunity to receive those services unless the person selling dating services
24establishes proof of financial responsibility by maintaining any of the following
1commitments approved by the department
of agriculture, trade and consumer
2protection in an amount not less than $25,000:
SB400,8,83
(b) The commitment described in par. (a) shall be established in favor of or made
4payable to the state, for the benefit of any buyer who does not receive a refund under
5the contractual provision described in sub. (3). The person selling dating services
6shall file with the department
of agriculture, trade and consumer protection any
7agreement, instrument or other document necessary to enforce the commitment
8against the person selling dating services or any relevant 3rd party, or both.
SB400,8,10
9(7) (a) (intro.) The department
of agriculture, trade and consumer protection 10or any district attorney may on behalf of the state:
SB400, s. 26
11Section
26. 134.70 of the statutes is renumbered 100.177, and 100.177 (13) (b)
121. (intro.), 2. and 3. and (15) (a) and (am), as renumbered, are amended to read:
SB400,8,1913
100.177
(13) (b) 1. (intro.) Except as provided in subd. 3., a center may establish
14proof of financial responsibility required under par. (a) by maintaining an
15established escrow account approved by the department
of agriculture, trade and
16consumer protection for all amounts received from buyers in advance of the receipt
17of services or by maintaining any of the following commitments approved by the
18department
of agriculture, trade and consumer protection in an amount not less than
19$25,000, subject to subd. 2.:
SB400,8,2420
2. The commitment described in subd. 1. shall be established in favor of or made
21payable to the state, for the benefit of any buyer who does not receive a refund under
22sub. (11) (a). The center shall file with the department
of agriculture, trade and
23consumer protection any agreement, instrument or other document necessary to
24enforce the commitment against the center or any relevant 3rd party, or both.
SB400,9,12
13. For 6 or more weight reduction centers owned or operated under the same
2trade name, the amount of the financial commitment under pars. (a) and (b) for those
3weight reduction centers is not required to exceed a total of $150,000. For a weight
4reduction center that submits to the department
of agriculture, trade and consumer
5protection evidence satisfactory to the department that the weight reduction center
6collected a total of $50,000 or more but less than $100,000 from buyers of its center
7services in the previous calendar year, the amount of the financial commitment
8under pars. (a) and (b) is not required to exceed $10,000. For a weight reduction
9center that submits to the department evidence satisfactory to the department that
10the weight reduction center collected less than a total of $50,000 from buyers of its
11center services in the previous calendar year, the amount of the financial
12commitment under pars. (a) and (b) is not required to exceed $5,000.
SB400,9,15
13(15) (a) The department
of agriculture, trade and consumer protection shall
14investigate violations of this section or s.
134.705
100.178 (2) or (4). The department
15of agriculture, trade and consumer protection may on behalf of the state:
SB400,9,2016
1. Bring an action for temporary or permanent injunctive or other relief in any
17court of competent jurisdiction for any violation of this section or s.
134.705 100.178 18(2) or (4). The court may in its discretion, upon entry of final judgment, award
19restitution when appropriate to any person suffering loss because of violations of this
20section if proof of such loss is submitted to the satisfaction of the court.
SB400,9,2321
2. Bring an action in any court of competent jurisdiction for the recovery of civil
22forfeitures against any person who violates this section or s.
134.705 100.178 (2) or
23(4) in an amount not less than $100 nor more than $10,000 for each violation.
SB400,9,2524
(am) The department
of agriculture, trade and consumer protection may bring
25an action in circuit court to recover on a financial commitment maintained under
1sub. (13) against a center or relevant 3rd party, or both, on behalf of any buyer who
2does not receive a refund due under sub. (11) (a).
SB400, s. 27
3Section
27. 134.705 of the statutes is renumbered 100.178, and 100.178 (1) (b)
4and (c), (4) and (7), as renumbered, are amended to read:
SB400,10,65
100.178
(1) (b)
"Department"
Notwithstanding s. 93.01 (3), "department"
6means the department of health and family services.
SB400,10,77
(c) "Fitness center" has the meaning given under s.
134.70 100.177 (1) (c).
SB400,10,11
8(4) A fitness center shall post a notice or notices on its premises stating the
9requirements of sub. (2) and the penalty for a violation of sub. (2) under s.
134.70 10100.177 (15) (a). The notice shall comply with the rules promulgated by the
11department under sub. (5) (d).
SB400,10,15
12(7) A violation of sub. (2) or (4) is subject to s.
134.70 100.177 (15) (a). This
13subsection or s.
134.70 100.177 (15) (a) does not preclude a person injured as a result
14of a violation of this section from pursuing any other available equitable or legal
15relief.
SB400, s. 28
16Section
28. 134.74 of the statutes is renumbered 100.171, and 100.171 (7) (b)
17and (8) (intro.), as renumbered, are amended to read:
SB400,10,2218
100.171
(7) (b) Whoever intentionally violates this section may be fined not
19more than $10,000 or imprisoned for not more than 2 years or both. A person
20intentionally violates this section if the violation occurs after the department
of
21agriculture, trade and consumer protection or a district attorney has notified the
22person by certified mail that the person is in violation of this section.
SB400,10,25
23(8) Enforcement. (intro.) The department
of agriculture, trade and consumer
24protection shall investigate violations of this section. The department
of agriculture,
25trade and consumer protection or any district attorney may on behalf of the state:
SB400, s. 29
1Section
29. 134.83 of the statutes is renumbered 100.174, and 100.174 (5)
2(intro.) and (6), as renumbered, are amended to read:
SB400,11,43
100.174
(5) (intro.) The department
of agriculture, trade and consumer
4protection or any district attorney may on behalf of the state:
SB400,11,6
5(6) The department
of agriculture, trade and consumer protection shall
6investigate violations of and enforce this section.
SB400, s. 30
7Section
30. 134.85 of the statutes, as affected by
1997 Wisconsin Act 35, is
8renumbered 100.51, and 100.51 (2) (b) and (3) (a), as renumbered, are amended to
9read:
SB400,11,1610
100.51
(2) (b) Good cause exists for refusing to honor a succession if a
11designated family member does not meet existing reasonable standards of the motor
12fuel grantor. The motor fuel grantor's existing reasonable standards may include
13requirements directly related to a person's management and technical skills,
14training and
business commercial experience, credit worthiness and other
15requirements directly related to a person's ability to operate the motor fuel
16dealership.
SB400,11,21
17(3) (a) The department
of agriculture, trade and consumer protection on behalf
18of the state or any person who claims injury as a result of a violation of sub. (2) may
19bring an action for temporary or permanent injunctive relief in any circuit court. It
20is no defense to an action under this paragraph that an adequate remedy exists at
21law.