Amendment SSA1-SB55

SB55-SSA1, s. 2855 Section 2855. 165.25 (4) (ar) of the statutes is amended to read:

SB55-SSA1,960,14 165.25 (4) (ar) The department of justice shall furnish all legal services required by the department of agriculture, trade and consumer protection relating to the enforcement of ss. 100.171, 100.173, 100.174, 100.175, 100.177, 100.18, 100.182, 100.20, 100.205, 100.207, 100.209, 100.21, 100.28, 100.37, 100.42, 100.50, and 100.51 and chs. 136, 344, 704, 707, and 779, together with any other services as are necessarily connected to the legal services.

SB55-SSA1, s. 2856d Section 2856d. 165.25 (10) of the statutes is created to read:

SB55-SSA1,960,24 165.25 (10) Report on restitution. Semiannually submit a report to the department of administration and the joint committee on finance regarding money received by the department of justice under a court order or a settlement agreement for providing restitution to victims. The report shall specify the amount of restitution received by the department of justice during the reporting period; the persons to whom the department of justice paid restitution and the amount that the department of justice paid to each recipient during the reporting period; and the department of justice's methodology for selecting recipients and determining the amount paid to each recipient.

SB55-SSA1, s. 2857t Section 2857t. 165.755 (1) (b) of the statutes is amended to read:

SB55-SSA1,961,5 165.755 (1) (b) A court may not impose the crime laboratories and drug law enforcement assessment under par. (a) for a violation of s. 101.123 (2) (a), (am) 1., (ar) or, (bm), or (br) or (5) (b) or for a violation of a state law or municipal or county ordinance involving a nonmoving traffic violation or a safety belt use violation under s. 347.48 (2m).

SB55-SSA1, s. 2858 Section 2858. 165.755 (4) of the statutes is amended to read:

SB55-SSA1,961,10 165.755 (4) If a municipal court imposes a forfeiture, after determining the amount due under sub. (1) (a) the court shall collect and transmit such amount to the treasurer of the county, city, town or village, and that treasurer shall make payment to the state treasurer as provided in s. 66.0114 (1) (b) (bm).

SB55-SSA1, s. 2863 Section 2863. 166.20 (1) (gk) of the statutes is created to read:

SB55-SSA1,961,13 166.20 (1) (gk) "Local emergency response team" means a team that the committee identifies under s. 166.21 (2m) (e).

SB55-SSA1, s. 2864 Section 2864. 166.20 (1) (im) of the statutes is created to read:

SB55-SSA1,961,16 166.20 (1) (im) "Regional emergency response team" means a team that the division contracts with under s. 166.215 (1).

SB55-SSA1, s. 2865 Section 2865. 166.20 (2) (bm) 1. of the statutes is amended to read:

SB55-SSA1,961,21 166.20 (2) (bm) 1. If a regional or local emergency response team has made a good faith effort to identify a person responsible for the emergency involving a release or potential release of a hazardous substance under s. 166.215 (3) or 166.22 (4).

SB55-SSA1, s. 2866 Section 2866. 166.20 (2) (bm) 2. of the statutes is amended to read:

SB55-SSA1,962,2 166.20 (2) (bm) 2. If a person responsible for the emergency involving a release or potential release of a hazardous substance under s. 166.215 (3) or 166.22 (4) is financially able or has the money or resources necessary to reimburse a regional or local emergency response team for the expenses incurred by the regional or local emergency response team in responding to the release emergency.

SB55-SSA1, s. 2867 Section 2867. 166.20 (2) (bs) of the statutes is created to read:

SB55-SSA1,962,7 166.20 (2) (bs) 1. Promulgate rules that establish the procedures that a regional emergency response team shall follow to determine if an emergency that requires the team's response exists as the result of a level A release or a potential level A release.

SB55-SSA1,962,11 2. Promulgate rules that establish the procedures that a local emergency response team shall follow to determine if an emergency that requires the team's response exists as the result of a release or potential release of a hazardous substance, as defined in s. 299.01 (6).

SB55-SSA1, s. 2868 Section 2868. 166.21 (2m) (e) of the statutes is amended to read:

SB55-SSA1,962,17 166.21 (2m) (e) Identification of a county local emergency response team that is capable of responding to a level B release that occurs at any place in the county and whose members meet the standards for hazardous materials technicians in 29 CFR 1910.120 (q) (6) (iii) and national fire protection association standards NFPA 471 and 472.

SB55-SSA1, s. 2869 Section 2869. 166.21 (2m) (f) of the statutes is amended to read:

SB55-SSA1,962,21 166.21 (2m) (f) Procedures for county local emergency response team actions that are consistent with local emergency response plans developed under s. 166.20 (3) and the state contingency plan established under s. 292.11 (5).

SB55-SSA1, s. 2871 Section 2871. 166.215 (2) of the statutes is amended to read:

SB55-SSA1,963,10 166.215 (2) The division shall reimburse a regional emergency response team for costs incurred by the team in responding to an emergency involving a level A release under sub. (1), or a potential level A release, if the team followed the procedures in the rules promulgated under s. 166.20 (2) (bs) 1. to determine if an emergency requiring a response existed. Reimbursement under this subsection is limited to amounts collected under sub. (3) and the amounts appropriated under s. 20.465 (3) (dr). Reimbursement is available under s. 20.465 (3) (dr) only if the regional emergency response team has made a good faith effort to identify the person responsible under sub. (3) and that person cannot be identified, or, if that person is identified, the team has received reimbursement from that person to the extent that the person is financially able or has determined that the person does not have adequate money or other resources to reimburse the regional emergency response team.

SB55-SSA1, s. 2872 Section 2872. 166.215 (3) of the statutes is repealed and recreated to read:

SB55-SSA1,963,16 166.215 (3) A person shall reimburse the division for costs incurred by a regional emergency response team in responding to an emergency if the team followed the procedures established under s. 166.20 (2) (bs) 1. to determine if an emergency requiring the team's response existed and if any of the following conditions applies:

SB55-SSA1,963,18 (a) The person possessed or controlled a hazardous substance that was involved in the emergency.

SB55-SSA1,963,19 (b) The person caused the emergency.

SB55-SSA1, s. 2873 Section 2873. 166.22 (1) (a) of the statutes is repealed.

SB55-SSA1, s. 2874 Section 2874. 166.22 (1) (c) of the statutes is amended to read:

SB55-SSA1,963,25 166.22 (1) (c) "Local agency" means an agency of a county, city, village, or town, including a municipal police or fire department, a municipal health organization, a county office of emergency management, a county sheriff, an emergency medical service, a local emergency response team, or a public works department.

SB55-SSA1, s. 2875 Section 2875. 166.22 (1) (d) of the statutes is created to read:

SB55-SSA1,964,3 166.22 (1) (d) "Local emergency response team" means a team that the committee identifies under s. 166.21 (2m) (e).

SB55-SSA1, s. 2876 Section 2876. 166.22 (2) of the statutes is amended to read:

SB55-SSA1,964,8 166.22 (2) A person who possesses or controls a hazardous substance that is discharged released or who causes the discharge release of a hazardous substance shall take the actions necessary to protect public health and safety and prevent damage to property.

SB55-SSA1, s. 2877 Section 2877. 166.22 (3) of the statutes is amended to read:

SB55-SSA1,964,18 166.22 (3) If action required under sub. (2) is not being adequately taken or the identity of the person responsible for a discharge an emergency involving a release or potential release of a hazardous substance is unknown and the discharge emergency involving a release or potential release threatens public health or safety or damage to property, a local agency may take any emergency action that is consistent with the contingency plan for the undertaking of emergency actions in response to the discharge release or potential release of hazardous substances established by the department of natural resources under s. 292.11 (5) and that it considers appropriate under the circumstances.

SB55-SSA1, s. 2878 Section 2878. 166.22 (3m) of the statutes is amended to read:

SB55-SSA1,965,6 166.22 (3m) The division shall reimburse a local emergency response team for costs incurred by the team in responding to an emergency involving a hazardous substance discharge under sub. (3) release, or potential release, if the team followed the procedures in the rules promulgated under s. 166.20 (2) (bs) 2. to determine if an emergency requiring the team's response existed. Reimbursement under this subsection is limited to the amount appropriated under s. 20.465 (3) (dr). Reimbursement is available under s. 20.465 (3) (dr) only if the local emergency response team has made a good faith effort to identify the person responsible under sub. (4) and that person cannot be identified, or, if that person is identified, the team has received reimbursement from that person to the extent that the person is financially able or has determined that the person does not have adequate money or other resources to reimburse the local emergency response team.

SB55-SSA1, s. 2879 Section 2879. 166.22 (4) of the statutes is repealed and recreated to read:

SB55-SSA1,965,11 166.22 (4) (a) Except as provided in par. (b), a person shall reimburse a local agency as provided in sub. (5) for actual, reasonable, and necessary expenses incurred in responding to an emergency involving the release or potential release of a hazardous substance if any of the following conditions applies:

SB55-SSA1,965,13 1. The person possessed or controlled a hazardous substance involved in the emergency.

SB55-SSA1,965,14 2. The person caused the emergency.

SB55-SSA1,965,17 (b) A local emergency response team may receive reimbursement under par. (a) only if the team followed the procedures established under s. 166.20 (2) (bs) 2. to determine if an emergency requiring the team's response existed.

SB55-SSA1, s. 2880 Section 2880. 166.22 (5) (am) of the statutes is amended to read:

SB55-SSA1,965,21 166.22 (5) (am) A local agency seeking reimbursement under sub. (4) shall submit a claim stating its expenses to the reviewing entity for the county in which the discharge emergency occurred.

SB55-SSA1, s. 2881 Section 2881. 166.22 (5) (b) of the statutes is amended to read:

SB55-SSA1,966,4 166.22 (5) (b) The reviewing entity shall review claims submitted under par. (am) and determine the amount of reasonable and necessary expenses incurred. The reviewing entity shall provide a person who is liable for reimbursement under sub. (4) with a notice of the amount of expenses it has determined to be reasonable and necessary that arise from one discharge and are arose from the emergency involving the release or potential release of a hazardous substance and that were incurred by all local agencies from which the reviewing entity receives a claim.

SB55-SSA1, s. 2881b Section 2881b. 173.40 of the statutes is created to read:

SB55-SSA1,966,7 173.40 Pet dealers, pet breeders, kennels, and animal shelters. (1) Definitions. In this section:

SB55-SSA1,966,10 (a) "Adequate food" means wholesome food that is accessible to an animal, is appropriate for the type of animal, and is sufficient in amount to maintain the animal in good health.

SB55-SSA1,966,12 (b) "Adequate water" means potable water that is accessible to an animal and is sufficient in amount to maintain the animal in good health.

SB55-SSA1,966,13 (c) "Animal shelter" means any of the following:

SB55-SSA1,966,16 1. A facility that is used to impound or harbor at least 25 seized, stray, abandoned, or unwanted dogs, cats, or other animals in a year and that is operated by this state, a political subdivision, or a veterinarian licensed under ch. 453.

SB55-SSA1,966,20 2. A facility that is operated for the purpose of providing for and promoting the welfare, protection, and humane treatment of animals, that is used to shelter at least 25 animals in a year, and that is operated by a humane society, an animal welfare society, or a nonprofit association.

SB55-SSA1,966,24 (d) "Humane care" includes the provision of adequate heating, cooling, ventilation, sanitation, shelter, and medical care consistent with the normal requirements of an animal's size, species, and breed, adequate food, and adequate water.

SB55-SSA1,967,3 (e) "Kennel" means a facility where dogs or cats are kept for 24 hours or more for boarding, training, or similar purposes for compensation, except that "kennel" does not include any of the following:

SB55-SSA1,967,4 1. An animal shelter.

SB55-SSA1,967,6 2. A facility owned or operated by a veterinarian licensed under ch. 453 where animals are boarded only in conjunction with the provision of veterinary care.

SB55-SSA1,967,8 (em) "Livestock" means cattle, horses, swine, sheep, goats, deer, llamas, and related species, including game species.

SB55-SSA1,967,11 (f) "Nonprofit association" means an incorporated or unincorporated organization consisting of 3 or more members joined by mutual consent for a common, nonprofit purpose.

SB55-SSA1,967,13 (fm) "Pet breeder" means a person who sells or offers to sell at least 25 dogs or cats for resale as pets in a year, except that "pet breeder" does not include a pet dealer.

SB55-SSA1,967,15 (g) "Pet dealer" means a person who sells, or offers to sell at retail, exchanges, or offers for adoption at least 25 mammals, other than livestock, as pets in a year.

SB55-SSA1,967,19 (2) License required. (a) Except as provided in par. (c), no person may operate an animal shelter or kennel without a license from the department. A person shall obtain a license under this paragraph for each separate location at which the person operates an animal shelter or kennel.

SB55-SSA1,967,23 (b) Except as provided in par. (c), no person may act as a pet dealer or pet breeder without a license from the department. A person shall obtain a license under this paragraph for each separate location at which the person conducts business as a pet dealer or pet breeder.

SB55-SSA1,968,3 (c) The department may issue an interim permit that authorizes a person to operate an animal shelter or kennel or to act as a pet dealer or pet breeder until the department makes the initial inspection required under sub. (4) (a).

SB55-SSA1,968,5 (d) Licenses issued under pars. (a) and (b) expire on October 31 of each even-numbered year.

SB55-SSA1,968,6 (e) A license issued under par. (a) or (b) is not transferable.

SB55-SSA1,968,9 (3) License fees. The department shall promulgate rules specifying fees that must be paid by applicants for licenses under sub. (2). A fee paid under this subsection is not refundable if the department denies the license.

SB55-SSA1,968,12 (4) Inspections. (a) The department shall inspect each location for which a person is required to obtain a license under sub. (2) before issuing the initial license and at least once during each biennial licensing period after the initial license period.

SB55-SSA1,968,15 (b) In addition to the inspections required under par. (a), the department may enter and inspect a facility for which a person is required to obtain a license under sub. (2) at any reasonable time.

SB55-SSA1,968,17 (5) Rules. The department may promulgate rules that specify any of the following:

SB55-SSA1,968,19 (a) Minimum standards for animal shelter and kennel facilities and facilities at which pet dealers and pet breeders operate.

SB55-SSA1,968,21 (b) Minimum requirements for humane care to be provided by persons required to obtain licenses under sub. (2).

SB55-SSA1,968,23 (c) Requirements relating to the transportation of animals by persons required to obtain licenses under sub. (2).

SB55-SSA1,968,24 (d) Grounds for revocation of licenses issued under sub. (2).

SB55-SSA1,969,2 (e) Grounds for the department to issue orders prohibiting a person required to be licensed under this section from selling or moving an animal.

SB55-SSA1,969,4 (f) Minimum ages for the sale of animals by persons required to be licensed under sub. (2).

SB55-SSA1,969,6 (g) Reinspection fees to be charged when an inspection by the department under this section reveals conditions that require correction and reinspection.

SB55-SSA1,969,8 (h) Requirements for record keeping by persons required to be licensed under sub. (2).

SB55-SSA1,969,10 (i) Requirements relating to space and opportunity for exercise to be provided to animals by persons required to be licensed under sub. (2).

SB55-SSA1,969,13 (6) Penalties. (a) A person who operates without a license required under sub. (2) may be fined not more than $10,000 or imprisoned for not more than 9 months, or both.

SB55-SSA1,969,17 (b) 1. Except as provided under par. (a), a person who violates this section or a rule promulgated under this section may be required to forfeit not more than $1,000 for the first offense and may be required to forfeit not less than $200 nor more than $2000 for the 2nd or any subsequent offense within 5 years.

SB55-SSA1,969,19 2. If a violation under subd. 1. involves the keeping of animals, each animal with respect to which the statute or rule is violated constitutes a separate violation.

SB55-SSA1, s. 2881c Section 2881c. 174.001 (2m) of the statutes is repealed.

SB55-SSA1, s. 2881d Section 2881d. 174.05 (2) of the statutes is amended to read:

SB55-SSA1,970,2 174.05 (2) Tax. The minimum dog license tax is $3 $4.50 for a neutered male dog or spayed female dog, upon presentation of evidence that the dog is neutered or spayed, and $8 $10.00 for an unneutered male dog or unspayed female dog, or one-half of these amounts if the dog became 5 months of age after July 1 of the license year.

SB55-SSA1, s. 2881e Section 2881e. 174.053 of the statutes is amended to read: