Amendment SA2-SSA1-SB55

SB55-SSA1-SA2,326,5 (b) The secretary shall establish requirements for programs of preapprenticeship training and management and technical assistance designed to develop the expertise of small businesses in transportation construction.".

SB55-SSA1-SA2,326,6 987. Page 865, line 20: after that line insert:

SB55-SSA1-SA2,326,7 " Section 2307h. 84.075 (1) of the statutes is amended to read:

SB55-SSA1-SA2,326,16 84.075 (1) In purchasing services under s. 84.01 (13), in awarding construction contracts under s. 84.06, and in contracting with private contractors and agencies under s. 84.07, the department of transportation shall attempt to ensure that 5% of the total amount expended in each fiscal year is paid to contractors, subcontractors, and vendors which are minority businesses, as defined under s. 560.036 (1) (e) 1 that are minority businesses certified by the department of commerce under s. 560.036 (2). In attempting to meet this goal, the department of transportation may award any contract to a minority business that submits a qualified responsible bid that is no more than 5% higher than the low bid.

SB55-SSA1-SA2, s. 2307i Section 2307i. 84.075 (2) of the statutes is amended to read:

SB55-SSA1-SA2,326,20 84.075 (2) The contractor shall report to the department of transportation any amount of the contract paid to subcontractors and vendors which that are minority businesses certified by the department of commerce under s. 560.036 (2).

SB55-SSA1-SA2, s. 2307j Section 2307j. 84.075 (3) of the statutes is amended to read:

SB55-SSA1-SA2,327,5 84.075 (3) The department of transportation shall at least semiannually, or more often if required by the department of administration, report to the department of administration the total amount of money it has paid to contractors, subcontractors, and vendors which that are minority businesses under ss. 84.01 (13), 84.06, and 84.07 and the number of contacts with minority businesses in connection with proposed purchases and contracts. In its reports, the department of transportation shall include only amounts paid to businesses certified by the department of commerce under s. 560.036 (2) as minority businesses.

SB55-SSA1-SA2, s. 2307jk Section 2307jk. 84.076 (1) (c) of the statutes is amended to read:

SB55-SSA1-SA2,327,9 84.076 (1) (c) "Minority business" has the meaning given under s. 560.036 (1) (e) 1 means a business that is certified by the department of commerce under s. 560.036 (2).".

SB55-SSA1-SA2,327,10 988. Page 865, line 20: after that line insert:

SB55-SSA1-SA2,327,11 " Section 2307c. 84.06 (2) (a) of the statutes is amended to read:

SB55-SSA1-SA2,328,7 84.06 (2) (a) All such highway improvements shall be executed by contract based on bids unless the department finds that another method as provided in sub. (3) or (4) would be more feasible and advantageous. Bids shall be advertised for in the manner determined by the department. Except as provided in s. ss. 84.014 (7r) and 84.075, the contract shall be awarded to the lowest competent and responsible bidder as determined by the department. If the bid of the lowest competent bidder is determined by the department to be in excess of the estimated reasonable value of the work or not in the public interest, all bids may be rejected. The department shall, so far as reasonable, follow uniform methods of advertising for bids and may prescribe and require uniform forms of bids and contracts. Except as provided in par. (b), the secretary shall enter into the contract on behalf of the state. Every such contract is exempted from ss. 16.70 to 16.75, 16.755 to 16.82, 16.87 , and 16.89, but ss. 16.528, 16.752, and 16.754 apply to the contract. Any such contract involving an expenditure of $1,000 or more shall not be valid until approved by the governor. The secretary may require the attorney general to examine any contract and any bond submitted in connection with the contract and report on its sufficiency of form and execution. The bond required by s. 779.14 (1m) is exempt from approval by the governor and shall be subject to approval by the secretary. This subsection also applies to contracts with private contractors based on bids for maintenance under s. 84.07.".

SB55-SSA1-SA2,328,8 989. Page 868, line 25: after that line insert:

SB55-SSA1-SA2,328,9 " Section 2311m. 85.07 (9) of the statutes is created to read:

SB55-SSA1-SA2,328,12 85.07 (9) Highway safety and motor vehicle contacts; analysis of information; annual report. (a) In this subsection, "motor vehicle contact" has the meaning given in s. 165.842 (1) (d).

SB55-SSA1-SA2,328,16 (b) Annually the department shall analyze the information forwarded to the department under s. 165.842 (4) (c) by the department of justice concerning motor vehicle contacts made during the previous year by law enforcement agencies to determine, along with any other relevant information, all of the following:

SB55-SSA1-SA2,328,18 1. The effects, if any, of motor vehicle contacts on state and local traffic law enforcement.

SB55-SSA1-SA2,328,20 2. Whether certain motor vehicle driving patterns and driver behavior have contributed to the frequency of motor vehicle accidents, injuries, and death.

SB55-SSA1-SA2,328,22 3. Specific enforcement strategies that may promote highway safety, including the selection of specified areas for increased traffic law enforcement.

SB55-SSA1-SA2,328,24 4. Other activities that may promote highway safety, such as highway redesigning, increased signage, and modifying any existing speed limits.

SB55-SSA1-SA2,329,6 (c) For each year, the department shall prepare an annual report that summarizes the analysis of the information under par. (b) and that describes the methods and conclusions of its analysis of the information. On or before June 30, 2003, and on or before each June 30 thereafter, the department shall submit the annual report required under this subsection to the legislature under s. 13.172 (2), to the governor, and to the director of state courts.".

SB55-SSA1-SA2,329,7 990. Page 868, line 25: delete that line.

SB55-SSA1-SA2,329,8 991. Page 870, line 13: delete lines 13 to 16.

SB55-SSA1-SA2,329,9 992. Page 871, line 11: delete "$56,811,800" and substitute "$57,368,700".

SB55-SSA1-SA2,329,10 993. Page 872, line 4: delete "$15,166,900" and substitute "$15,315,600".

SB55-SSA1-SA2,329,11 994. Page 872, line 24: delete "$21,008,300" and substitute "$21,214,300".

SB55-SSA1-SA2,329,12 995. Page 873, line 16: delete "$5,674,400" and substitute "$5,730,000".

SB55-SSA1-SA2,329,13 996. Page 878, line 10: after that line insert:

SB55-SSA1-SA2,329,14 " Section 2340q. 85.53 (3) of the statutes is amended to read:

SB55-SSA1-SA2,329,17 85.53 (3) Grants under this section shall be paid from the appropriations under s. 20.395 (5) (jr) and (jt). The amount of a grant may not exceed 80% of the amount expended by an eligible applicant for services related to the program.".

SB55-SSA1-SA2,329,18 997. Page 878, line 23: after that line insert:

SB55-SSA1-SA2,329,19 " Section 2340vg. 86.03 (5m) of the statutes is created to read:

SB55-SSA1-SA2,329,21 86.03 (5m) Trees and other vegetation blocking view of business or sign. (a) In this subsection, "vegetation" means any tree, shrub, hedge, or other foliage.

SB55-SSA1-SA2,330,9 (b) Notwithstanding any other provision of this section, if any vegetation located in a highway right-of-way prevents the operator of a vehicle traveling on a highway at the posted speed limit from viewing for 6 uninterrupted seconds a business premises located adjacent to the highway right-of-way, a sign located on a business premises adjacent to the highway right-of-way that advertises the business to motorists on the adjacent highway, or any sign erected under this chapter or s. 84.30 that is permitted to be located in or adjacent to the highway right-of-way, any person who maintains a majority ownership interest in the business adjacent to the highway right-of-way or in any business advertised on a sign identified in this paragraph may trim or remove any obstructing vegetation located in the highway right-of-way if all of the following requirements are met:

SB55-SSA1-SA2,330,13 1. The person pays for the cost of trimming or removing the obstructing vegetation, including the cost of cleanup and disposal, and for replacing any removed vegetation, including the cost of purchasing and planting the replacement vegetation.

SB55-SSA1-SA2,330,18 2. If the person has removed vegetation, the person replaces the removed vegetation with comparable vegetation along the same highway right-of-way, provided that the person may not locate replacement vegetation in a manner that obstructs, or will obstruct in the foreseeable future, the view from the highway of another existing business or sign identified in this paragraph.

SB55-SSA1-SA2,330,20 3. No state funds are expended for the trimming, removal, or replacement of vegetation under this paragraph.

SB55-SSA1-SA2,330,22 4. With respect to a sign identified in this paragraph, the owner of the land on which the sign is erected does not object to the trimming or removal of vegetation.".

SB55-SSA1-SA2,330,23 998. Page 879, line 12: delete "$1,790" and substitute "$1,825".

SB55-SSA1-SA2,330,24 999. Page 879, line 19: delete "$88,312,900" and substitute "$90,044,600".

SB55-SSA1-SA2,331,1 1000. Page 880, line 1: delete "$277,843,200" and substitute "$283,291,100".

SB55-SSA1-SA2,331,2 1001. Page 880, line 3: after that line insert:

SB55-SSA1-SA2,331,3 " Section 2345m. 86.30 (10c) of the statutes is created to read:

SB55-SSA1-SA2,331,8 86.30 (10c) Aid payments for calendar year 2002. (a) 1. For calendar year 2002, the department shall determine the percentage change between the amount of moneys appropriated for distribution under this section to counties for calendar year 2002 and the amount of moneys appropriated for distribution under this section to counties for calendar year 2001.

SB55-SSA1-SA2,331,12 2. Notwithstanding sub. (2) (a), (b), and (d) and s. 86.303 (5) (e), (f), (h), and (i), the amount of aid payable to each county in calendar year 2002 shall be the amount paid to that county for calendar year 2001, plus an amount equal to the percentage determined under subd. 1. of the amount paid to the county for calendar year 2001.

SB55-SSA1-SA2,331,17 (b) 1. For calendar year 2002, the department shall determine the percentage change between the amount of moneys appropriated for distribution under this section to municipalities for calendar year 2002 and the amount of moneys appropriated for distribution under this section to municipalities for calendar year 2001.

SB55-SSA1-SA2,331,22 2. Notwithstanding sub. (2) (a), (b), and (d) and s. 86.303 (5) (e), (f), (h), and (i), the amount of aid payable to each municipality in calendar year 2002 shall be the amount paid to that municipality for calendar year 2001, plus an amount equal to the percentage determined under subd. 1. of the amount paid to the municipality for calendar year 2001.

SB55-SSA1-SA2, s. 2345n Section 2345n. 86.30 (10g) of the statutes is created to read:

SB55-SSA1-SA2,332,5 86.30 (10g) Aid payments for calendar year 2003. (a) 1. For calendar year 2003, the department shall determine the percentage change between the amount of moneys appropriated for distribution under this section to counties for calendar year 2003 and the amount of moneys appropriated for distribution under this section to counties for calendar year 2002.

SB55-SSA1-SA2,332,9 2. Notwithstanding sub. (2) (a), (b), and (d) and s. 86.303 (5) (e), (f), (h), and (i), the amount of aid payable to each county in calendar year 2003 shall be the amount paid to that county for calendar year 2002, plus an amount equal to the percentage determined under subd. 1. of the amount paid to the county for calendar year 2002.

SB55-SSA1-SA2,332,14 (b) 1. For calendar year 2003, the department shall determine the percentage change between the amount of moneys appropriated for distribution under this section to municipalities for calendar year 2003 and the amount of moneys appropriated for distribution under this section to municipalities for calendar year 2002.

SB55-SSA1-SA2,332,19 2. Notwithstanding sub. (2) (a), (b), and (d) and s. 86.303 (5) (e), (f), (h), and (i), the amount of aid payable to each municipality in calendar year 2003 shall be the amount paid to that municipality for calendar year 2002, plus an amount equal to the percentage determined under subd. 1. of the amount paid to the municipality for calendar year 2002.".

SB55-SSA1-SA2,332,20 1002. Page 880, line 4: delete lines 4 to 8.

SB55-SSA1-SA2,332,21 1003. Page 881, line 5: delete lines 5 to 10.

SB55-SSA1-SA2,332,22 1004. Page 881, line 11: delete lines 11 to 20.

SB55-SSA1-SA2,332,23 1005. Page 881, line 25: delete "at least".

SB55-SSA1-SA2,332,24 1006. Page 882, line 1: delete "at least".

SB55-SSA1-SA2,333,1 1007. Page 882, line 16: after that line insert:

SB55-SSA1-SA2,333,2 " Section 2383m. 93.07 (1) of the statutes is amended to read:

SB55-SSA1-SA2,333,8 93.07 (1) Regulations. To make and enforce such regulations, not inconsistent with law, as it may deem necessary for the exercise and discharge of all the powers and duties of the department, and to adopt such measures and make such regulations as are necessary and proper for the enforcement by the state of department to carry out its duties and powers under chs. 93 to 100, which regulations shall have the force of law.

SB55-SSA1-SA2, s. 2383p Section 2383p. 93.07 (23) of the statutes is created to read:

SB55-SSA1-SA2,333,14 93.07 (23) Consumer protection administration. To administer ss. 100.01 to 100.03, 100.05 to 100.07, 100.14, 100.183 to 100.19, 100.201, 100.206, 100.208, 100.21, 100.22, 100.235, 100.265, 100.27, 100.285 to 100.297, 100.30, 100.33 to 100.36, 100.45, 100.47, 100.48, and 100.51 and to enforce ss. 100.206, 100.21, 100.30, and 100.51.

SB55-SSA1-SA2, s. 2383q Section 2383q. 93.07 (24) of the statutes is amended to read:

SB55-SSA1-SA2,333,17 93.07 (24) Enforcement of laws. To enforce or assist in the enforcement of chs. 88 and 93 to 100 and all other laws entrusted to its administration, and especially:

SB55-SSA1-SA2,333,20 (a) To enforce the laws administered by the department regarding the production, manufacture and sale, offering or exposing for sale or having in possession with intent to sell, of any dairy, food or drug product.

SB55-SSA1-SA2,333,22 (b) To enforce the laws administered by the department regarding the adulteration or misbranding of any articles of food, drink, condiment or drug.

SB55-SSA1-SA2,334,3 (c) To inspect any milk, butter, cheese, lard, syrup, coffee, tea or other article of food, drink, condiment or drug made or offered for sale within this state which it may suspect or have reason to believe, under the laws administered by the department, to be impure, unhealthful, misbranded, adulterated or counterfeit, or in any way unlawful.

SB55-SSA1-SA2,334,8 (d) To prosecute or cause to be prosecuted, under the laws administered by the department, any person engaged in the manufacture or sale, offering or exposing for sale or having in possession with intent to sell, of any adulterated dairy product or of any adulterated, misbranded, counterfeit, or otherwise unlawful article or articles of food, drink, condiment or drug.

SB55-SSA1-SA2, s. 2387m Section 2387m. 93.18 (3) of the statutes is amended to read:

SB55-SSA1-SA2,334,21 93.18 (3) The department of justice, after acting pursuant to s. 100.37 or 100.41 to 100.43 to order the sale or distribution of any substance, article, furnishing, fabric, product or related material ceased, shall give written notice of its finding to the manufacturer, seller or other person responsible for placing the item in the channels of trade in this state. After such notice no person may sell, remove or otherwise dispose of such item except as directed by the department. Any person affected by such notice may demand a prompt hearing to determine the validity of the department's findings. The hearing, if requested, shall be held as expeditiously as possible but not later than 30 days after notice. A request for hearing does not operate to stay enforcement of the order during the pendency of the hearing. The person petitioning for a hearing shall be entitled to the same rights specified under sub. (2).

SB55-SSA1-SA2, s. 2387r Section 2387r. 93.18 (7) of the statutes is created to read:

SB55-SSA1-SA2,334,25 93.18 (7) The department of justice shall follow the procedures under subs. (1), (2), (4), (5), and (6) in enforcing the provisions of ch. 100 that are administered by the department of justice.

SB55-SSA1-SA2, s. 2388m Section 2388m. 93.20 (1) of the statutes is amended to read:

SB55-SSA1-SA2,335,5 93.20 (1) Definition. In this section, "action" means an action that is commenced in court by, or on behalf of, the department of agriculture, trade and consumer protection to enforce chs. 88, 91 to 100 or 127 or an action that is commenced in court by the department of justice to enforce ch. 100.

SB55-SSA1-SA2, s. 2389k Section 2389k. 93.22 (1) of the statutes is amended to read:

SB55-SSA1-SA2,335,8 93.22 (1) In cases arising under chs. 88 and 93 to 100 99 and ss. 100.206, 100.21, 100.30, and 100.51, the department may be represented by its attorney.

SB55-SSA1-SA2, s. 2389m Section 2389m. 93.22 (2) of the statutes is amended to read:

SB55-SSA1-SA2,335,13 93.22 (2) The department may, with the approval of the governor, appoint special counsel to prosecute or assist in the prosecution of any case arising under chs. 88 and 93 to 100 99 and ss. 100.206, 100.21, 100.30, and 100.51. The cost of such special counsel shall be charged to the appropriation for the department.".

SB55-SSA1-SA2,335,14 1008. Page 882, line 24: after that line insert:

SB55-SSA1-SA2,335,15 " Section 2394j. 93.75 of the statutes is repealed.".

SB55-SSA1-SA2,335,16 1009. Page 888, line 10: after that line insert:

SB55-SSA1-SA2,335,17 " Section 2397e. 94.73 (3m) (r) of the statutes is amended to read:

SB55-SSA1-SA2,335,23 94.73 (3m) (r) The cost of providing alternative sources of drinking water, except that, subject to sub. (6) (b) to (f), the department may reimburse a responsible person who applies for reimbursement a total of not more than $20,000 $50,000 for the replacement or restoration of private wells or for connection to a public or private water source if the department or the department of natural resources orders the well replacement or restoration or the connection in response to a discharge.".

SB55-SSA1-SA2,335,24 1010. Page 889, line 1: after that line insert:

SB55-SSA1-SA2,336,1 " Section 2405d. 100.07 (6) of the statutes is amended to read:

SB55-SSA1-SA2,336,4 100.07 (6) Action Upon request of the department, an action to enjoin violation of this section may be commenced and prosecuted by the department of justice in the name of the state in any court having equity jurisdiction.

SB55-SSA1-SA2, s. 2405g Section 2405g. 100.171 (7) (b) of the statutes is amended to read:

SB55-SSA1-SA2,336,10 100.171 (7) (b) Whoever intentionally violates this section may be fined not more than $10,000 or imprisoned for not more than 3 years or both. A person intentionally violates this section if the violation occurs after the department of justice or a district attorney has notified the person by certified mail that the person is in violation of this section.