(j) Review liability and property insurance maintained by the school board to determine whether coverage is adequate for damage or loss caused by pesticides.
(k) Provide any information concerning pest management that is requested by the department.
(3) Prohibitions. (a) A school district may not routinely use pesticides on a regularly scheduled basis in a school or on school grounds.
(b) A school district may not use pesticide fumigation in a school or on school grounds.
(c) A school district may not use pesticides for aesthetic or cosmetic purposes.
(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.
(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:
(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.
(b) A description of the nonchemical methods that the school district will use to seek to prevent unacceptable levels of pest activity and damage.
(c) A description of the pesticides and methods of application that the school district may use if the methods under par. (b) fail to prevent unacceptable levels of pest activity and damage.
(d) A description of the other means that the school district will use to ensure compliance with subs. (2) (c) to (k) and (3).
(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.
(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.
(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).
(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.
(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).
16,2397e
Section 2397e. 94.73 (3m) (r) of the statutes is amended to read:
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.
16,2398
Section 2398. 95.15 of the statutes is repealed.
16,2399
Section 2399. 95.60 (8) of the statutes is created to read:
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.
16,2400
Section 2400. 97.20 (2) (d) 2. of the statutes is amended to read:
97.20 (2) (d) 2. The license applicant has filed all financial information required under s. 126.44 and any security required under s. 100.06 126.47. If an applicant has not filed all financial information under s. 126.44 and any security required under s. 100.06 126.47, the department may issue a conditional dairy plant license under s. 93.06 (8) which prohibits the licensed operator from purchasing milk or fluid milk products from milk producers or their agents, but allows the operator to purchase milk or fluid milk products from other sources.
16,2401
Section 2401. 97.20 (3m) of the statutes is amended to read:
97.20 (3m) Confidentiality. Any information kept by the department under this section or s. 97.24 that identifies individual milk producers who deliver milk to a dairy plant licensed under this section and that is a composite list for that dairy plant is not subject to inspection under s. 19.35 unless inspection is required under s. 100.06 (4) 126.70 or unless the department determines that inspection is necessary to protect the public health, safety or welfare.
16,2402
Section 2402. 97.22 (10) of the statutes is amended to read:
97.22 (10) Confidentiality. Any information obtained and kept by the department under this section, under s. 97.24 or 97.52, or under rules promulgated under those sections, that pertains to individual milk producer production, milk fat and other component tests and quality records is not subject to inspection under s. 19.35 except as required under s. 100.06 (4) 126.70 or except as the department determines is necessary to protect the public health, safety or welfare.
16,2403
Section 2403. 97.29 (4) of the statutes is amended to read:
97.29 (4) Food processing plants buying vegetables from producers. The department may not issue or renew a license to operate a food processing plant to any applicant who is a vegetable contractor, as defined in s. 100.03 (1) (f) 126.55 (14), unless the applicant has filed all financial information required under s. 126.58 and any security that is required under s. 100.03 126.61. If an applicant has not filed all financial information required under s. 126.58 and any security that is required under s. 100.03 126.61, the department may issue a conditional license under s. 93.06 (8) that prohibits the licensed operator from procuring vegetables from a producer or a producer's agent, but allows the operator to procure vegetables from other sources.
16,2403e
Section 2403e. 97.60 of the statutes is created to read:
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:
(1) Food recalls.
(2) Rules that apply to retail food establishments and food processing plants.
(3) Food safety concerns and communications.
(4) Training.
(5) Partnerships between the department and the food industry.
(6) Enforcement and inspection.
(7) Other issues related to the food industry.
16,2404
Section 2404. 100.03 of the statutes, as affected by 2001 Wisconsin Act .... (this act), is repealed.
16,2404g
Section 2404g. 100.03 (1) (bm) of the statutes is amended to read:
100.03 (1) (bm) "Audited financial statement" means a financial statement that, in the accompanying opinion of an independent certified public accountant or a public accountant holding a certificate of authority licensed or certified under ch. 442, fairly and in all material respects represents the financial position of the contractor, the results of the contractor's operations and the contractor's cash flows in conformity with generally accepted accounting principles.
16,2404r
Section 2404r. 100.03 (1) (ym) 2. of the statutes is amended to read:
100.03 (1) (ym) 2. Reviewed according to generally accepted accounting principles by an independent certified public accountant or a public accountant holding a certificate of authority licensed or certified under ch. 442.
16,2405
Section 2405. 100.06 of the statutes, as affected by 2001 Wisconsin Act .... (this act), is repealed.
16,2405m
Section 2405m. 100.06 (1g) (c) of the statutes is amended to read:
100.06 (1g) (c) The department shall require the applicant to file a financial statement of his or her business operations and financial condition that meets the requirements of par. (d). The licensee, during the term of his or her license, may be required to file such statements periodically. All such statements shall be confidential and shall not be open for public inspection, except that the department shall provide the name and address of an individual, the name and address of the individual's employer and financial information related to the individual contained in such statements if requested under s. 49.22 (2m) by the department of workforce development or a county child support agency under s. 59.53 (5). The department may require such statements to be certified by a certified public accountant licensed or certified under ch. 442. Such statements and audits, when made by the department, shall be paid for at cost.
16,2408
Section 2408. 100.20 (2) (b) of the statutes is amended to read:
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.
16,2414
Section 2414. 100.235 (1) (b) of the statutes is amended to read:
100.235 (1) (b) "Contractor" has the meaning given for "vegetable contractor" under s. 100.03 (1) (f) 126.55 (14).
16,2415
Section 2415. 100.235 (1) (em) of the statutes is renumbered 100.235 (1) (dm) and amended to read:
100.235 (1) (dm) "Registration
License year" has the meaning given under s. 100.03 (1) (y) 126.55 (10m).
16,2416
Section 2416. 100.235 (2) of the statutes is amended to read:
100.235 (2) Contractor may not pay producer less than contractor's cost to grow. If a contractor and the contractor's affiliates and subsidiaries collectively grow more than 10% of the acreage of any vegetable species grown and procured by the contractor in any registration license year, the contractor shall pay a producer, for vegetables of that species tendered or delivered under a vegetable procurement contract, a price not less than the contractor's cost to grow that vegetable species in the same growing region. For vegetables contracted on a tonnage basis and for open-market tonnage purchased, acreage under this subsection shall be determined using the state average yield per acre during the preceding registration license year.
16,2417
Section 2417. 100.235 (3) of the statutes is repealed.
16,2418
Section 2418. 100.235 (4) of the statutes is amended to read:
100.235 (4) Cost to grow; report to department upon request. If the department determines that a contractor and the contractor's affiliates and subsidiaries will collectively grow more than 10% of the acreage of any vegetable species grown and procured by the contractor during a registration license year, the department may require the contractor to file a statement of the contractor's cost to grow that vegetable species. The contractor shall file the report with the department within 30 days after the department makes its request, unless the department grants an extension of time. The department may permit the contractor to report different costs to grow for different growing regions if the contractor can define the growing regions to the department's satisfaction, and can show to the department's satisfaction that the contractor's costs to grow are substantially different between the growing regions.
16,2420
Section 2420. 100.26 (5) of the statutes is amended to read:
100.26 (5) Any person violating s. 100.06 or any order or regulation of the department thereunder, or s. 100.18 (9), shall be fined not less than $100 nor more than $1,000 or imprisoned for not more than 2 years or both. Each day of violation constitutes a separate offense.
16,2422
Section 2422. 100.261 (title) of the statutes is amended to read:
100.261 (title) Consumer information protection assessment.
16,2423
Section 2423. 100.261 (1) of the statutes is amended to read:
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.
16,2424
Section 2424. 100.261 (2) of the statutes is amended to read:
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.
16,2425
Section 2425. 100.261 (3) (a) of the statutes is amended to read:
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.
16,2426
Section 2426. 100.261 (3) (b) 1. of the statutes is renumbered 100.261 (3) (b) and amended to read:
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).
16,2427
Section 2427. 100.261 (3) (b) 2. of the statutes is renumbered 100.261 (3) (c) and amended to read:
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.
16,2429d
Section 2429d. 100.264 (2) (intro.) of the statutes is amended to read:
100.264 (2) Supplemental forfeiture. (intro.) If a fine or a forfeiture is imposed on a person for a violation under s. 100.16, 100.17, 100.18, 100.182, 100.183, 100.20, 100.205, 100.207, 100.21, 100.30 (3), 100.35, 100.44 or, 100.46, or 100.52 (10) (b) or a rule promulgated under one of those sections, the person shall be subject to a supplemental forfeiture not to exceed $10,000 for that violation if the conduct by the defendant, for which the violation was imposed, was perpetrated against an elderly person or disabled person and if the court finds that any of the following factors is present:
16,2430L
Section 2430L. 100.30 (5r) of the statutes is created to read:
100.30 (5r) Private cause of action; sale of tobacco products. Any person who is injured or threatened with injury as a result of a sale or purchase of cigarettes or other tobacco products in violation of this section may bring an action against the person who violated this section for temporary or permanent injunctive relief or an action against the person for 3 times the amount of any monetary loss sustained or an amount equal to $2,000, whichever is greater, multiplied by each day of continued violation, together with costs, including accounting fees and reasonable attorney fees, notwithstanding s. 814.04 (1).
An association of cigarette wholesalers may bring the action on behalf of the person injured or threatened with injury and be entitled to the same relief as the person injured or threatened with injury.
16,2434
Section 2434. 100.45 (1) (dm) of the statutes is amended to read:
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.
16,2435
Section 2435. 100.52 (title) of the statutes is created to read:
100.52 (title) Telephone solicitations.
16,2436
Section 2436. 100.52 (1) (title) of the statutes is created to read:
100.52 (1) (title) Definitions.
16,2437b
Section 2437b. 100.52 (1) (a) of the statutes is created to read:
100.52 (1) (a) "Affiliate," when used in relation to any person, means another person who owns or controls, is owned or controlled by, or is under common ownership or control with such person.
16,2438b
Section 2438b. 100.52 (1) (b) of the statutes is created to read:
100.52 (1) (b) "Basic local exchange service" has the meaning in s. 196.01 (1g).
16,2439b
Section 2439b. 100.52 (1) (c) of the statutes is created to read:
100.52
(1) (c) "Nonprofit organization" means a corporation, association, or organization described in section
501 (c) (3), (4), (5), or (19) of the Internal Revenue Code that is exempt from taxation under section
501 (a) of the Internal Revenue Code.
16,2440b
Section 2440b. 100.52 (1) (d) of the statutes is created to read:
100.52 (1) (d) "Nonresidential customer" means a person, other than a residential customer, who is furnished with telecommunications service by a telecommunications utility.
