Amendment AA2-ASA1-AB133

AB133-ASA1-AA2,430,3 (1) "Cigarette" has the meaning given in s. 139.30 (1).

AB133-ASA1-AA2,430,8 (2) "Governmental regulatory authority" means the department; the local health department, state agency or law enforcement agency with which the department contracts under s. 254.916 (1) (a); or the person with whom the local health department, state agency or law enforcement agency contracts under s. 254.916 (1) (a).

AB133-ASA1-AA2,430,9 (3) "Law enforcement officer" has the meaning given in s. 165.85 (2) (c).

AB133-ASA1-AA2,430,10 (4) "Retailer" has the meaning given in s. 134.66 (1) (g).

AB133-ASA1-AA2,430,12 (5) "Retail outlet" means a place of business from which cigarettes or tobacco products are sold at retail to consumers.

AB133-ASA1-AA2,430,13 (6) "State agency" has the meaning given in s. 1.12 (1) (b).

AB133-ASA1-AA2,430,14 (7) "Tobacco products" has the meaning given in s. 139.75 (12).

AB133-ASA1-AA2,430,17 (8) "Tobacco vending machine" is any mechanical device that automatically dispenses cigarettes or tobacco products when money or tokens are deposited in the device in payment for the cigarettes or tobacco products.

AB133-ASA1-AA2,430,22 (9) "Tobacco vending machine operator" means a person who acquires tobacco products or stamped cigarettes from manufacturers, as defined in s. 134.66 (1) (e), or permittees, stores them and sells them through the medium of tobacco vending machines that he or she owns, operates or services and that are located on premises that are owned or under the control of other persons.

AB133-ASA1-AA2,430,24 (10) "Tobacco vending machine premises" means any area in which a tobacco vending machine is located.

AB133-ASA1-AA2, s. 2485j Section 2485j. 254.916 of the statutes is created to read:

AB133-ASA1-AA2,431,18 254.916 Department; authority. (1) (a) In the administration of this subchapter, the department may contract with local health departments, as agents of the department, with a state agency or with law enforcement agencies of the state, or of a county, city, village or town, to cause unannounced investigations to be conducted annually at retail outlets, including sites of tobacco vending machines, to survey overall levels of compliance with s. 134.66 (2) (a). A person with whom the department contracts under this paragraph may contract with another person to conduct the investigations. Except any survey conducted under 21 CFR part 897, the survey under this subsection shall cover a range of retail outlets that are not preselected on the basis of prior violations, in order to measure overall levels of compliance as well as to identify violations. The survey shall be conducted so as to provide a sample of retail outlets that reflects the distribution of minors throughout the state and the distribution of the retail outlets throughout the state where minors are likely to attempt to purchase cigarettes. The survey shall include all types of retail outlets that are required to comply with s. 134.66 (2) (a). The department shall use statistically sound sampling techniques in designing the annual surveys so as to measure overall levels of compliance and shall stratify the sample so as to measure compliance by type of retail outlet, including all of the following:

AB133-ASA1-AA2,431,19 1. A private place of business other than a retail establishment.

AB133-ASA1-AA2,431,21 2. A barroom, as defined in s. 125.51 (3m) (a), that is located on premises described in a license issued under s. 125.26 or 125.51 (3).

AB133-ASA1-AA2,431,23 (b) The department, in consultation with retailers, shall establish standards for procedures and training for conducting investigations under this section.

AB133-ASA1-AA2,432,3 (2) With the permission of his or her parent or guardian, a person under 18 years of age, but not under 15 years of age, may buy, attempt to buy or possess any cigarette or tobacco product if all of the following are true:

AB133-ASA1-AA2,432,5 (a) The person commits the act for the purpose of conducting an investigation under this section.

AB133-ASA1-AA2,432,7 (b) The person is directly supervised during the conducting of the investigation by an adult employe of a governmental regulatory authority.

AB133-ASA1-AA2,432,10 (c) The person has prior written authorization to commit the act from a governmental regulatory authority or a district attorney or from an authorized agent of a governmental regulatory authority or a district attorney.

AB133-ASA1-AA2,432,12 (3) (a) All of the following, unless otherwise specified, apply in conducting investigations under this section:

AB133-ASA1-AA2,432,14 1. If questioned about his or her age during the course of an investigation, the minor shall state his or her true age.

AB133-ASA1-AA2,432,16 2. A minor may not be used for the purposes of an investigation at a retail outlet at which the minor is a regular customer.

AB133-ASA1-AA2,432,18 3. The appearance of a minor may not be materially altered so as to indicate greater age.

AB133-ASA1-AA2,432,20 4. A photograph or videotape of the minor shall be made before and after the investigation, or series of investigations, and shall be retained for 2 years.

AB133-ASA1-AA2,432,25 5. Except investigations conducted under a grant received under 42 USC 300x-21, within 24 hours after the completion of a sale or other distribution of cigarettes or tobacco products, the employe of the governmental regulatory authority supervising the minor under sub. (2) shall inform the person who sold or distributed the cigarettes or tobacco products to the minor of the investigation.

AB133-ASA1-AA2,433,5 6. The results of an investigation, including the issuance of any citation by a governmental regulatory authority for a violation that occurs during the conduct of the investigation, shall be made known to the retailer or the retailer's employe or agent within 24 hours after the occurrence of the violation. This subdivision does not apply to investigations conducted under a grant received under 42 USC 300x-021.

AB133-ASA1-AA2,433,9 7. Except with respect to investigations conducted under 42 USC 300x-021 or 21 CFR part 897, all of the following information shall be reported to the department, and to the retailer, within 7 days after the conduct of an investigation under this section:

AB133-ASA1-AA2,433,11 a. The name and position of the governmental regulatory authority employe who directly supervised the investigation.

AB133-ASA1-AA2,433,12 b. The date of birth of the minor.

AB133-ASA1-AA2,433,13 c. The date and time of the investigation.

AB133-ASA1-AA2,433,15 d. A reasonably detailed description of the circumstances giving rise to a violation, if any, or, if there is no violation, written notice to that effect.

AB133-ASA1-AA2,433,16 e. Any other relevant information requested by the department.

AB133-ASA1-AA2,433,18 (b) An investigation under this section conducted by a governmental regulatory authority shall be conducted in strict conformity with this section.

AB133-ASA1-AA2,433,21 (4) No results of an investigation conducted under this section may be included in the survey specified under sub. (1) if it is proved that the requirements under sub. (3) were not met in conducting the investigation.

AB133-ASA1-AA2,433,24 (5) No evidence obtained during or otherwise arising from the course of an investigation under this section that is used to prosecute a person for a violation of s. 134.66 (2) (a) may be used in the prosecution of an alleged violation of s. 125.07 (3).

AB133-ASA1-AA2,434,5 (6) The department shall compile the results of investigations performed under this section and shall prepare an annual report that reflects the results for submission with the state's application for federal funds under 42 USC 300x-21. The report shall be published for public comment at least 60 days before the beginning of negotiations under sub. (7).

AB133-ASA1-AA2,434,8 (7) The department shall strive annually to negotiate with the federal department of health and human services realistic and attainable interim performance targets for compliance with 42 USC 300x-26.

AB133-ASA1-AA2,434,14 (8) A governmental regulatory agency under this section shall meet standards established by the department of health and family services. The department shall annually evaluate the investigation program of each governmental regulatory authority. If, at any time, a governmental regulatory authority fails to meet the standards, the department of health and family services may terminate the contract under sub. (1).

AB133-ASA1-AA2,434,16 (9) The department shall provide education and training to governmental regulatory authorities to ensure uniformity in the enforcement of this subchapter.

AB133-ASA1-AA2,434,21 (10) This section does not limit the authority of the department to investigate establishments in jurisdictional areas of governmental regulatory authorities if the department investigates in response to an emergency, for the purpose of monitoring and evaluating the governmental regulatory authority's investigation and enforcement program or at the request of the governmental regulatory authority.

AB133-ASA1-AA2,435,2 (11) The department shall hold a hearing under ch. 227 if any interested person, in lieu of proceeding under ch. 68, appeals to the department alleging that the person making an investigation of the appellant has a financial interest in a regulated cigarette and tobacco product retailer, tobacco vending machine operator, tobacco vending machine premises or tobacco vending machine which may interfere with his or her ability to properly take that action.

AB133-ASA1-AA2, s. 2485L Section 2485L. 254.92 (2) (b) of the statutes is created to read:

AB133-ASA1-AA2,435,7 254.92 (2) (b) A person under 18 years of age, but not under 15 years of age, may purchase, attempt to purchase or possess cigarettes or tobacco products in the course of his or her participation in an investigation under s. 254.916 that is conducted in accordance with s. 254.916 (3) (a).".

AB133-ASA1-AA2,435,8 930. Page 1233, line 19: after that line insert:

AB133-ASA1-AA2,435,9 " Section 2485t. 255.05 (1) (a) of the statutes is amended to read:

AB133-ASA1-AA2,435,13 255.05 (1) (a) "Institution" means any hospital, nursing home, county home, county mental hospital, tuberculosis sanatorium, community-based residential facility or other place licensed or approved by the department under ss. s. 49.70, 49.71, 49.72, 50.02, 50.03, 50.35, 51.08, or 51.09, 58.06, 252.073 and 252.076.".

AB133-ASA1-AA2,435,14 931. Page 1234, line 14: after "may" insert ", beginning July 1, 2000,".

AB133-ASA1-AA2,435,16 932. Page 1234, line 24: delete that line and substitute "$500,000 in fiscal year 2000-01 and in each fiscal year thereafter.".

AB133-ASA1-AA2,435,18 933. Page 1235, line 2: delete that line and substitute "under s. 255.10, $500,000 in".

AB133-ASA1-AA2,435,19 934. Page 1235, line 4: delete lines 4 to 6.

AB133-ASA1-AA2,435,20 935. Page 1235, line 11: delete lines 11 to 15.

AB133-ASA1-AA2,435,21 936. Page 1236, line 12: delete "beginning in fiscal year 2000-01,".

AB133-ASA1-AA2,435,22 937. Page 1238, line 10: after that line insert:

AB133-ASA1-AA2,435,23 " Section 2487x. 281.165 of the statutes is created to read:

AB133-ASA1-AA2,436,8 281.165 Compliance with water quality standards for wetlands. An activity shall be considered to comply with the water quality standards that are applicable to wetlands and that are promulgated as rules under s. 281.15 and is exempt from any prohibition, restriction, requirement, permit, license, approval, authorization, fee, notice, hearing, procedure or penalty specified under s. 29.601 (3) or chs. 30, 31, 281, 283, 289 to 292 or 299 or specified under any rule promulgated, order issued or ordinance adopted under any of those sections or chapters, if the activity meets all of the following requirements:

AB133-ASA1-AA2,436,10 (1) The wetland area that will be affected by the activity is less than 15 acres in size.

AB133-ASA1-AA2,436,12 (2) The site of the activity is zoned for industrial use and is in the vicinity of a manufacturing facility.

AB133-ASA1-AA2,436,14 (3) The site of the activity is within the corporate limits of a city on January 1, 1999.

AB133-ASA1-AA2,436,17 (4) The governing body of the city adopts a resolution stating that the exemption under this section is necessary to protect jobs that exist in the city on the date of the adoption of the resolution or is necessary to promote job creation.

AB133-ASA1-AA2,436,18 (5) The site of the activity is located in Trempealeau County.".

AB133-ASA1-AA2,436,19 938. Page 1239, line 2: after that line insert:

AB133-ASA1-AA2,436,20 " Section 2490z. 281.57 (10t) of the statutes is created to read:

AB133-ASA1-AA2,437,6 281.57 (10t) Loan for a drinking water treatment plant. Notwithstanding subs. (2), (4) to (10) and (12), during the 1999-2001 biennium, the department shall provide a loan of $1,100,000 to the village of Marathon for the upgrading or replacement of a drinking water treatment plant. The department may not charge any interest on the loan. The department may not require the municipality to repay the loan until the municipality receives a grant from the federal environmental protection agency for the upgrading or replacement of the drinking water treatment plant. If the federal environmental protection agency denies the grant or a portion of the grant, the village of Marathon shall repay the amount of the loan that exceeds the amount of the grant.".

AB133-ASA1-AA2,437,7 939. Page 1276, line 4: after that line insert:

AB133-ASA1-AA2,437,8 " Section 2554r. 285.53 (1) (a) of the statutes is amended to read:

AB133-ASA1-AA2,437,11 285.53 (1) (a) Applicability. This subsection applies to a medical waste incinerator, as defined in s. 287.07 (7) (c) 1. cr. (8) (a) 5., that has a capacity of 5 tons or more per day.

AB133-ASA1-AA2, s. 2554rm Section 2554rm. 285.53 (2) of the statutes is amended to read:

AB133-ASA1-AA2,437,15 285.53 (2) Continuous monitoring. A person operating or responsible for the operation of a medical waste incinerator, as defined in s. 287.07 (7) (c) 1. cr. (8) (a) 5., shall continuously monitor emissions from the medical waste incinerator.

AB133-ASA1-AA2, s. 2554t Section 2554t. 285.55 (1) of the statutes is amended to read:

AB133-ASA1-AA2,437,19 285.55 (1) In this section, "medical waste incinerator" means a facility for solid waste treatment, as defined in s. 289.01 (39), that burns medical waste, as defined in s. 287.07 (7) (c) 1. cg. (8) (a) 4.

AB133-ASA1-AA2, s. 2554u Section 2554u. 285.55 (4) (intro.) of the statutes is amended to read:

AB133-ASA1-AA2,438,2 285.55 (4) (intro.) Subsection (2) does not apply to the issuance of an air pollution control permit or a license under s. 289.31 for the construction or modification of a medical waste incinerator by one or more hospitals, as defined in s. 50.33 (2), clinics, as defined in s. 287.07 (7) (c) 1. a. (8) (a) 1., or nursing homes, as defined in s. 50.01 (3), if all of the following apply:

AB133-ASA1-AA2, s. 2555e Section 2555e. 285.63 (10) (a) of the statutes is amended to read:

AB133-ASA1-AA2,438,5 285.63 (10) (a) In this subsection, "medical waste incinerator" has the meaning given in s. 287.07 (7) (c) 1. cr. (8) (a) 5.

AB133-ASA1-AA2, s. 2555f Section 2555f. 285.63 (10) (c) 4. of the statutes is repealed.".

AB133-ASA1-AA2,438,7 940. Page 1278, line 15: after that line insert:

AB133-ASA1-AA2,438,8 " Section 2559b. 287.01 (2) of the statutes is repealed.

AB133-ASA1-AA2, s. 2559bm Section 2559bm. 287.01 (5) of the statutes is repealed.

AB133-ASA1-AA2, s. 2559c Section 2559c. 287.01 (6) of the statutes is repealed.

AB133-ASA1-AA2, s. 2559cm Section 2559cm. 287.01 (8) of the statutes is repealed.

AB133-ASA1-AA2, s. 2559d Section 2559d. 287.01 (9) of the statutes is repealed.

AB133-ASA1-AA2, s. 2559e Section 2559e. 287.03 (1) (e) of the statutes is created to read:

AB133-ASA1-AA2,438,15 287.03 (1) (e) Promulgate by rule a model recycling ordinance for municipalities and counties.

AB133-ASA1-AA2, s. 2559f Section 2559f. 287.07 (1m) (title) of the statutes is amended to read:

AB133-ASA1-AA2,438,17 287.07 (1m) (title) Batteries, major appliances and, oil and tires.

AB133-ASA1-AA2, s. 2559fm Section 2559fm. 287.07 (1m) (c) of the statutes is created to read:

AB133-ASA1-AA2,438,21 287.07 (1m) (c) Dispose of a waste tire, as defined in s. 289.55 (1) (c), in a solid waste disposal facility or burn a waste tire, as defined in s. 289.55 (1) (c), without energy recovery in a solid waste treatment facility in this state.

AB133-ASA1-AA2, s. 2559g Section 2559g. 287.07 (2) of the statutes is repealed.

AB133-ASA1-AA2, s. 2559gm Section 2559gm. 287.07 (3) of the statutes is repealed.