Amendment ASA1-SB55

SB55-ASA1, s. 1288 Section 1288. 93.23 (1) (h) of the statutes is repealed.

SB55-ASA1, s. 1289 Section 1289. 93.47 (2) of the statutes is amended to read:

SB55-ASA1,883,23 93.47 (2) The department may award grants from the appropriation accounts under s. 20.115 (4) (c) and (i) (8) (g) to individuals or organizations to fund demonstration projects designed to encourage the use of sustainable agriculture. The department shall promulgate rules to govern the sustainable agriculture grant program under this section.

SB55-ASA1, s. 1290 Section 1290. 93.48 of the statutes is repealed.

SB55-ASA1, s. 2395t Section 2395t. 94.715 of the statutes is created to read:

SB55-ASA1,884,1 94.715 Pest management for schools. (1) Definitions. In this section:

SB55-ASA1,884,2 (a) "Active ingredient" has the meaning given in s. 94.67 (1).

SB55-ASA1,884,3 (b) "Federal act" has the meaning given in s. 94.67 (13).

SB55-ASA1,884,4 (c) "Inert ingredient" has the meaning given in s. 94.67 (16).

SB55-ASA1,884,11 (cm) "Integrated pest management" means a comprehensive strategy of pest control with the main objective of achieving desired levels of pest control in an environmentally responsible manner to reduce or eliminate reliance on pesticides by using a combination of nonchemical pest controls, which may include monitoring, increased sanitation, physical barriers, and the use of natural pest enemies, to address conditions that support pests and judiciously using lowest risk pesticides when necessary after all other methods have failed.

SB55-ASA1,884,12 (d) "Pest" has the meaning given in s. 94.67 (24).

SB55-ASA1,884,14 (e) "Pesticide" has the meaning given in s. 94.67 (25), except that "pesticide" does not include a germicide, sanitizer, or disinfectant.

SB55-ASA1,884,16 (2) Requirements for school boards. A school board shall do all of the following:

SB55-ASA1,884,17 (a) Propose a pest management plan that complies with sub. (4).

SB55-ASA1,884,20 (am) Before proposing a plan under par. (a), obtain training under s. 36.25 (43) for at least one member of the school board or school district employee who will be involved in developing the pest management plan.

SB55-ASA1,884,24 (b) After public notice and a hearing on the proposed plan under par. (a) and no later than the first day of the 7th month beginning after the effective date of this paragraph .... [revisor inserts date], adopt a pest management plan that complies with sub. (4) and submit a copy of the plan to the department.

SB55-ASA1,885,3 (c) No later than the first day of the 13th month beginning after the effective date of this paragraph .... [revisor inserts date], implement the pest management plan adopted under par. (b).

SB55-ASA1,885,6 (d) Provide public notice and a hearing before modifying the pest management plan adopted under par. (b) and notify the department of any modifications to the plan.

SB55-ASA1,885,9 (dm) Authorize pesticide application in a school or on school grounds to be conducted only by persons who are certified in the applicable pesticide use categories under s. 94.705.

SB55-ASA1,885,12 (e) When the use of a pesticide is determined to be necessary in a school or on school grounds, use pesticide in accordance with integrated pest management practices.

SB55-ASA1,885,19 (f) Except as provided in sub. (6), at least 72 hours in advance of each pesticide application in a school or on school grounds, provide written notification, in a font size no smaller than that routinely used for other notices to parents, of the name of the pesticide to be applied, the planned time and location of the application, the potential health effects of exposure to the pesticide, as indicated on its label, and the name and telephone number of a person at the school who can be called for more information or to report health effects from exposure, to all of the following:

SB55-ASA1,885,22 1. Each employee of the school district, or of a contractor with the school district, who may be present in the area of application within 72 hours after the application.

SB55-ASA1,885,24 2. Each student who may be present in the area of application within 72 hours after the application.

SB55-ASA1,885,25 3. The parents or guardians of the students under subd. 2.

SB55-ASA1,886,2 (g) Post notice of each pesticide application in a school or on school grounds at the time of the application and for at least 72 hours following the application.

SB55-ASA1,886,4 (h) Maintain a record of all of the following for each application of pesticide in a school or on school grounds:

SB55-ASA1,886,5 1. The name and certification number of the person applying the pesticide.

SB55-ASA1,886,9 2. The type of pesticide applied and its brand name, the name of the pesticide as registered under the federal act, the pesticide registration number assigned to the pesticide under the federal act, the manufacturer of the pesticide, and the pesticide's active ingredients and inert ingredients.

SB55-ASA1,886,10 3. The date and time of the application and the amount of pesticide applied.

SB55-ASA1,886,12 4. How the pesticide was applied, including any additives used and the type of application device used.

SB55-ASA1,886,14 5. The street address of the place at which the pesticide was applied and a description of the area to which the pesticide was applied.

SB55-ASA1,886,16 6. The purpose of the application, including the target pest and whether the application was preventive or reactive.

SB55-ASA1,886,18 7. For an outdoor application, a description of the weather conditions at the time of the application.

SB55-ASA1,886,19 8. The symptoms of acute poisoning from the pesticide, as indicated on its label.

SB55-ASA1,886,22 (i) Make the information under par. (h) available to any person upon request and provide the information about pesticide applications to the department quarterly, except as provided in sub. (6m).

SB55-ASA1,886,24 (j) Review liability and property insurance maintained by the school board to determine whether coverage is adequate for damage or loss caused by pesticides.

SB55-ASA1,887,2 (k) Provide any information concerning pest management that is requested by the department.

SB55-ASA1,887,4 (3) Prohibitions. (a) A school district may not routinely use pesticides on a regularly scheduled basis in a school or on school grounds.

SB55-ASA1,887,6 (b) A school district may not use pesticide fumigation in a school or on school grounds.

SB55-ASA1,887,7 (c) A school district may not use pesticides for aesthetic or cosmetic purposes.

SB55-ASA1,887,10 (d) A school district may not use a pesticide in a school or on school grounds unless nonchemical methods of pest control have failed to prevent unacceptable levels of pest activity and damage.

SB55-ASA1,887,15 (4) Pest management plan. A school board shall design its pest management plan required under sub. (2) (b) to prevent unacceptable levels of pest activity and damage while minimizing hazards to persons, property, and the environment. In the plan required under sub. (2) (b), a school board shall specify the pest management practices that will be used by the school district and shall include all of the following:

SB55-ASA1,887,18 (a) A description of the methods that will be used to identify pest problems, including monitoring to determine whether pests are present in sufficient numbers to require treatment with pesticides.

SB55-ASA1,887,20 (b) A description of the nonchemical methods that the school district will use to seek to prevent unacceptable levels of pest activity and damage.

SB55-ASA1,887,23 (c) A description of the pesticides and methods of application that the school district will use if the methods under par. (b) fail to prevent unacceptable levels of pest activity and damage.

SB55-ASA1,887,25 (d) A description of the other means that the school district will use to ensure compliance with subs. (2) (c) to (k) and (3).

SB55-ASA1,888,12 (6) Exemption from advance notice requirement. A school board is not required to provide advance notice of a pesticide application if the school district administrator, as defined in s. 115.001 (8), or the school principal declares that a pest emergency exists. If a pesticide is applied in a school or on school grounds without advance notice, the school board shall provide written notification of the name of the pesticide that was applied, the time and location of the application, the potential health effects of exposure to the pesticide, as indicated on its label, and the name and telephone number of a person at the school who can be called for more information or to report health effects from exposure, to all of the persons identified in sub. (2) (f) 1. to 3., as soon as possible after the application. The school board shall provide the notice in a font size no smaller than that routinely used for other notices to parents.

SB55-ASA1,888,17 (6m) Exemption from reporting requirement. A school district is not required to provide quarterly reports to the department under sub. (2) (i) if the school district does not use pesticides and notifies the department that it does not use pesticides. A school district shall begin to make the quarterly reports if it begins to use pesticides.

SB55-ASA1,889,3 (7) Assistance and cooperation. The department shall provide assistance to school districts in complying with subs. (2) to (4). The department shall consult with the department of health and family services and the department of public instruction concerning school pest management issues. The department and the board of regents of the University of Wisconsin System shall enter into a memorandum of understanding concerning school pest management and the provision of training by the University of Wisconsin-Extension to ensure cooperation between the department and the University of Wisconsin-Extension and to avoid duplication of activities. The University of Wisconsin-Extension and the cooperative educational service agencies shall cooperate in providing the training under s. 36.25 (43).

SB55-ASA1,889,6 (8) Availability of plans. The department shall retain pest management plans submitted under sub. (2) (b) and make the plans available to any person upon request.

SB55-ASA1,889,10 (9) Report. On or before January 1 of each even-numbered year, the department, in cooperation with the University of Wisconsin-Extension and the department of health and family services, shall submit a report evaluating the program under this section to the legislature under s. 13.172 (2).

SB55-ASA1, s. 1291 Section 1291. 95.15 of the statutes is repealed.

SB55-ASA1, s. 1292 Section 1292. 95.60 (8) of the statutes is created to read:

SB55-ASA1,889,15 95.60 (8) The department may provide training to veterinarians and other persons who issue fish health certificates for the purposes of this section. The department may charge fees to recover the cost of providing the training.

SB55-ASA1, s. 2403e Section 2403e. 97.60 of the statutes is created to read:

SB55-ASA1,889,19 97.60 Food advisory council. The food advisory council shall meet at least quarterly and shall advise the department concerning issues related to providing a safe and wholesome food supply in this state, including all of the following:

SB55-ASA1,889,20 (1) Food recalls.

SB55-ASA1,889,21 (2) Rules that apply to retail food establishments and food processing plants.

SB55-ASA1,889,22 (3) Food safety concerns and communications.

SB55-ASA1,889,23 (4) Training.

SB55-ASA1,889,24 (5) Partnerships between the department and the food industry.

SB55-ASA1,889,25 (6) Enforcement and inspection.

SB55-ASA1,890,1 (7) Other issues related to the food industry.

SB55-ASA1, s. 1293 Section 1293. 100.20 (2) (b) of the statutes is amended to read:

SB55-ASA1,890,8 100.20 (2) (b) Notwithstanding par. (a), the department may not issue any order or promulgate any rule that regulates the provision of water or sewer service by a mobile manufactured home park operator, as defined in s. 196.01 (3t) 101.91 (8), or mobile manufactured home park contractor, as defined in s. 196.01 (3q) 101.91 (6m), or enforce any rule to the extent that the rule regulates the provision of such water or sewer service.

SB55-ASA1, s. 1294 Section 1294. 100.261 (title) of the statutes is amended to read:

SB55-ASA1,890,10 100.261 (title) Consumer information protection assessment.

SB55-ASA1, s. 1295 Section 1295. 100.261 (1) of the statutes is amended to read:

SB55-ASA1,890,19 100.261 (1) If a court imposes a fine or forfeiture for a violation of this chapter, ch. 98, a rule promulgated under this chapter or ch. 98 or an ordinance enacted under this chapter or ch. 98, the court shall also impose a consumer information protection assessment in an amount equal to 15% 25% of the fine or forfeiture imposed. If multiple violations are involved, the court shall base the consumer information protection assessment upon the the total of the fine or forfeiture amounts for all violations. If a fine or forfeiture is suspended in whole or in part, the court shall reduce the assessment in proportion to the suspension.

SB55-ASA1, s. 1296 Section 1296. 100.261 (2) of the statutes is amended to read:

SB55-ASA1,891,2 100.261 (2) If any deposit is made for a violation to which this section applies, the person making the deposit shall also deposit a sufficient amount to include the consumer information protection assessment required under this section. If the deposit is forfeited, the amount of the consumer information protection assessment shall be transmitted to the state treasurer under sub. (3). If the deposit is returned, the consumer information protection assessment shall also be returned.

SB55-ASA1, s. 1297 Section 1297. 100.261 (3) (a) of the statutes is amended to read:

SB55-ASA1,891,7 100.261 (3) (a) The clerk of court shall collect and transmit the consumer information protection assessment amounts to the county treasurer under s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer under s. 59.25 (3) (f) 2.

SB55-ASA1, s. 1298 Section 1298. 100.261 (3) (b) 1. of the statutes is renumbered 100.261 (3) (b) and amended to read:

SB55-ASA1,891,12 100.261 (3) (b) The state treasurer shall deposit the consumer protection assessment amounts in the general fund and shall credit them to the appropriation account under s. 20.115 (1) (jb), subject to the limit under subd. 2 par. (c).

SB55-ASA1, s. 1299 Section 1299. 100.261 (3) (b) 2. of the statutes is renumbered 100.261 (3) (c) and amended to read:

SB55-ASA1,891,16 100.261 (3) (c) The amount credited to the appropriation account under s. 20.115 (1) (jb) may not exceed $85,000 $185,000 in each fiscal year.

SB55-ASA1, s. 1300 Section 1300. 100.45 (1) (dm) of the statutes is amended to read:

SB55-ASA1,891,25 100.45 (1) (dm) "State agency" means any office, department, agency, institution of higher education, association, society or other body in state government created or authorized to be created by the constitution or any law which is entitled to expend moneys appropriated by law, including the legislature and the courts, the Wisconsin Housing and Economic Development Authority, the Bradley Center Sports and Entertainment Corporation, the University of Wisconsin Hospitals and Clinics Authority and, the Wisconsin Health and Educational Facilities Authority, and the Fox River Navigational System Authority.

SB55-ASA1, s. 1301 Section 1301. 101.09 (3) (d) of the statutes is created to read:

SB55-ASA1,892,4 101.09 (3) (d) The department shall promulgate a rule specifying fees for plan review and inspection of tanks for the storage, handling, or use of flammable or combustible liquids and for any certification or registration required under par. (c).

SB55-ASA1, s. 2449f Section 2449f. 101.123 (title) of the statutes is repealed and recreated to read:

SB55-ASA1,892,6 101.123 (title) Smoking prohibited.

SB55-ASA1, s. 2449h Section 2449h. 101.123 (1) (i) of the statutes is amended to read:

SB55-ASA1,892,11 101.123 (1) (i) "State institution" means a prison, a secured correctional facility, a mental health institute as defined in s. 51.01 (12) or a center for the developmentally disabled as defined in s. 51.01 (3), except that "state institution" does not include a Type 2 secured correctional facility, as defined in s. 938.02 (20).

SB55-ASA1, s. 2449j Section 2449j. 101.123 (1) (j) of the statutes is created to read:

SB55-ASA1,892,14 101.123 (1) (j) "Type 1 secured correctional facility" has the meaning given in s. 938.02 (19).

SB55-ASA1, s. 2449L Section 2449L. 101.123 (2) (br) of the statutes is created to read:

SB55-ASA1,892,18 101.123 (2) (br) Notwithstanding par. (a) and sub. (3), no person may smoke in any enclosed, indoor area of a Type 1 secured correctional facility or on the grounds of a Type 1 secured correctional facility.