(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 (this act), is repealed.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 (this act), is repealed.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.
16,2440d
Section 2440d. 100.52 (1) (e) of the statutes is created to read:
100.52 (1) (e) "Nonsolicitation directory" means the directory established in rules promulgated by the department under sub. (2) (b).
16,2440f
Section 2440f. 100.52 (1) (f) of the statutes is created to read:
100.52 (1) (f) "Residential customer" means an individual who is furnished with basic local exchange service by a telecommunications utility, but does not include an individual who operates a business at his or her residence.
16,2440h
Section 2440h. 100.52 (1) (g) of the statutes is created to read:
100.52 (1) (g) "Telecommunications service" has the meaning given in s. 196.01 (9m).
16,2440j
Section 2440j. 100.52 (1) (h) of the statutes is created to read:
100.52 (1) (h) "Telecommunications utility" has the meaning given in s. 196.01 (10).
16,2440L
Section 2440L. 100.52 (1) (j) of the statutes is created to read:
100.52 (1) (j) "Telephone solicitor" means a person, other than a nonprofit organization or an employee or contractor of a nonprofit organization, that employs or contracts with an individual to make a telephone solicitation.
16,2440n
Section 2440n. 100.52 (2) of the statutes is created to read:
100.52 (2) Nonsolicitation directory listing. (a) Upon a request by a residential customer, the department shall include in the nonsolicitation directory a listing indicating that the residential customer does not want to receive any telephone solicitation made on behalf of a telephone solicitor.
(b) The department shall promulgate rules for establishing, maintaining, and semiannually updating a directory that includes listings of residential customers who do not wish to receive telephone solicitations made on behalf of telephone solicitors. The rules promulgated under this paragraph shall establish requirements and procedures for a residential customer to request a listing in the directory. The rules shall also require a residential customer who requests a listing in the directory to notify the department on a biennial basis if the residential customer wishes to continue to be included in the directory. The department shall eliminate a residential customer from the directory if the customer does not make the biennial notification.
(c) Except for copies of the nonsolicitation directory that are provided to registered telephone solicitors under par. (d), the nonsolicitation directory is not subject to inspection, copying, or receipt under s. 19.35 (1) and may not be released by the department.
(d) The department shall, on a semiannual basis, make the nonsolicitation directory available by electronic transmission only to telephone solicitors who are registered under sub. (3). Upon the request of a telephone solicitor registered under sub. (3), the department shall also provide a printed copy of the nonsolicitation directory to the telephone solicitor. A telephone solicitor who receives a copy of the directory, or to whom the directory is made available by electronic transmission, under this paragraph may not solicit or accept from any person, directly or indirectly, anything of value in exchange for providing the person with any information included in the copy.
16,2441b
Section 2441b. 100.52 (3) of the statutes is created to read:
100.52 (3) Registration of telephone solicitors. (a) The department shall promulgate rules that require any telephone solicitor who requires an employee or contractor to make a telephone solicitation to a residential customer in this state to register with the department, obtain a registration number from the department, and pay a registration fee to the department. The amount of the registration fee shall be based on the cost of establishing the nonsolicitation directory, and the amount that an individual telephone solicitor is required to pay shall be based on the number of telephone lines used by the telephone solicitor to make telephone solicitations. The rules shall also require a telephone solicitor that registers with the department to pay an annual registration renewal fee to the department. The amount of the registration renewal fee shall be based on the cost of maintaining the nonsolicitation directory.
(b) The department shall promulgate rules that require an individual who makes a telephone solicitation on behalf of a telephone solicitor to identify at the beginning of the telephone conversation each of the following:
1. The telephone solicitor.
2. If different than the telephone solicitor, the person selling the property, goods, or services, or receiving the contribution, donation, grant, or pledge of money, credit, property, or other thing of any kind, that is the reason for the telephone solicitation.
16,2442b
Section 2442b. 100.52 (4) (title) of the statutes is created to read:
100.52 (4) (title) Telephone solicitor requirements.
16,2442d
Section 2442d. 100.52 (4) (a) 2. and 3. of the statutes are created to read:
100.52 (4) (a) 2. Make a telephone solicitation to a residential customer if the nonsolicitation directory that is provided or made available to the telephone solicitor under sub. (2) (d) includes a listing for the residential customer.
3. Make a telephone solicitation to a nonresidential customer if the nonresidential customer has provided notice by mail to the telephone solicitor that the nonresidential customer does not wish to receive telephone solicitations.
16,2442f
Section 2442f. 100.52 (4) (b) of the statutes is created to read:
100.52 (4) (b) A telephone solicitor may not do any of the following:
1. Require an employee or contractor to make a telephone solicitation to a person in this state unless the telephone solicitor is registered with the department under the rules promulgated under sub. (3) (a).
2. Require an employee or contractor to make a telephone solicitation that violates par. (a).
16,2442h
Section 2442h. 100.52 (4) (c) of the statutes is created to read:
100.52 (4) (c) A telephone solicitor or employee or contractor of a telephone solicitor that makes a telephone solicitation to a nonresidential customer shall, upon the request of the nonresidential customer, provide the mailing address for notifying the telephone solicitor that the nonresidential customer does not wish to receive telephone solicitations.
16,2443b
Section 2443b. 100.52 (5) of the statutes is created to read:
100.52 (5) Nonprofit organization requirements. A nonprofit organization or an employee or contractor of a nonprofit organization may not make a telephone solicitation to a residential customer if the residential customer has provided notice by telephone, mail, or facsimile transmission to the nonprofit organization that the residential customer does not wish to receive telephone solicitations. A nonprofit organization may not require an employee or contractor to make a telephone solicitation that violates this subsection.
16,2444b
Section 2444b. 100.52 (6) of the statutes is created to read:
100.52 (6) Exceptions. Subsections (4) (a) 2. and 3.
and (5) do not apply to a telephone solicitation that satisfies any of the following:
(a) The telephone solicitation is made to a recipient in response to the recipient's
express written request for the telephone solicitation.
