Amendment ASA1-AB100

AB100-ASA1,1451,3 253.06 (5) Rules and penalties. (a) The department shall promulgate rules to establish all of the following:

AB100-ASA1,1451,5 1. Minimum qualification standards for the authorization of vendors and for the awarding of a contract to an entity under sub. (3m).

AB100-ASA1,1451,7 2. Standards of operation for authorized vendors and food distribution centers, including prohibited practices.

AB100-ASA1,1451,8 3. Minimum requirements for participants, including prohibited practices.

AB100-ASA1,1451,10 4. Procedures for approving or denying an application to be a participant, including appeal procedures.

AB100-ASA1,1451,12 (b) A person who violates any rule promulgated under this subsection may be subject to any of the following:

AB100-ASA1,1451,13 1. Denial of the application to be a participant or authorized vendor.

AB100-ASA1,1451,15 2. Suspension or termination of authorization for an authorized vendor or, in the case of a food distribution center, termination of the contract.

AB100-ASA1,1451,16 3. Disqualification from the program under this section for a participant.

AB100-ASA1,1451,17 4. Forfeiture of not less than $10 nor more than $1,000.

AB100-ASA1,1451,18 5. Recoupment.

AB100-ASA1,1452,2 (c) Whenever the department imposes a forfeiture or recoupment for a violation of rules promulgated under this subsection, the department shall also impose an enforcement assessment in an amount of 50% of the forfeiture or recoupment imposed. If multiple offenses are involved, the department shall base the enforcement assessment upon the total forfeiture and recoupment amounts for all offenses. When a forfeiture or recoupment is suspended in whole or in part, the department shall reduce the enforcement assessment in proportion to the suspension.

AB100-ASA1,1452,11 (d) The department may directly assess a forfeiture provided for under par. (b) 4., recoupment provided for under par. (b) 5. and an enforcement assessment provided for under par. (c). If the department determines that a forfeiture, recoupment or enforcement assessment should be levied, or that authorization or eligibility should be suspended or terminated, for a particular violation or for failure to correct it, the department shall send a notice of assessment, suspension or termination to the vendor, food distribution center or participant. The notice shall inform the vendor, food distribution center or participant of the right to a hearing under sub. (6) and shall specify all of the following:

AB100-ASA1,1452,12 1. The amount of the forfeiture assessed, if any.

AB100-ASA1,1452,13 2. The amount of the recoupment assessed, if any.

AB100-ASA1,1452,14 3. The amount of the enforcement assessment, if any.

AB100-ASA1,1452,15 4. The violation.

AB100-ASA1,1452,16 5. The statute or rule alleged to have been violated.

AB100-ASA1,1452,19 6. If applicable, that the suspension or termination of authorization of the vendor or eligibility of the participant is effective beginning on the 15th day after receipt of the notice of suspension or termination.

AB100-ASA1,1453,5 (e) The suspension or termination of authorization of a vendor or eligibility of a participant shall be effective beginning on the 15th day after receipt of the notice of suspension or termination. All forfeitures, recoupments and enforcement assessments shall be paid to the department within 15 days after receipt of notice of assessment or, if the forfeiture, recoupment or enforcement assessment is contested under sub. (6), within 10 days after receipt of the final decision after exhaustion of administrative review, unless the final decision is adverse to the department or unless the final decision is appealed and the decision is stayed by court order under sub. (7). The department shall remit all forfeitures paid to the state treasurer for deposit in the school fund. The department shall deposit all enforcement assessments in the appropriation under s. 20.435 (1) (gr).

AB100-ASA1,1453,11 (f) The attorney general may bring an action in the name of the state to collect any forfeiture or recoupment imposed under par. (b) or enforcement assessment imposed under par. (c), if the forfeiture, recoupment or enforcement assessment has not been paid following the exhaustion of all administrative and judicial reviews. The only issue that may be contested in any such action is whether the forfeiture or enforcement assessment has been paid.

AB100-ASA1, s. 2475 Section 2475. 253.06 (6) of the statutes is created to read:

AB100-ASA1,1453,15 253.06 (6) Appeal procedure. (a) Any hearing under s. 227.42 granted by the department under this section may be conducted before the division of hearings and appeals in the department of administration.

AB100-ASA1,1454,5 (b) A person may contest an assessment of forfeiture, recoupment or enforcement assessment, a denial, suspension or termination of authorization or a suspension or termination of eligibility by sending a written request for hearing under s. 227.44 to the division of hearings and appeals in the department of administration within 10 days after the receipt of the notice issued under sub. (3) (bm) or (5) (d). The administrator of the division of hearings and appeals may designate a hearing examiner to preside over the case and recommend a decision to the administrator under s. 227.46. The decision of the administrator of the division of hearings and appeals shall be the final administrative decision. The division of hearings and appeals shall commence the hearing and issue a final decision within 60 days after receipt of the request for hearing unless all of the parties consent to a later date. Proceedings before the division of hearings and appeals are governed by ch. 227. In any petition for judicial review of a decision by the division of hearings and appeals, the department, if not the petitioner who was in the proceeding before the division of hearings and appeals, shall be the named respondent.

AB100-ASA1, s. 2476 Section 2476. 253.06 (7) of the statutes is created to read:

AB100-ASA1,1454,15 253.06 (7) Injunction procedure. No injunction may be issued in any proceeding for review under ch. 227 of a decision of the division of hearings and appeals under sub. (6), suspending or staying the decision except upon application to the circuit court or presiding judge thereof, notice to the department and any other party and hearing. No injunction that delays or prevents a decision of the division of hearings and appeals from becoming effective may be issued in any other proceeding or action in any court unless the parties to the proceeding before the division of hearings and appeals in which the order was made are also parties to the proceeding or action before the court.

AB100-ASA1, s. 2477 Section 2477. 253.06 (8) of the statutes is created to read:

AB100-ASA1,1454,19 253.06 (8) Inspection of premises. The department may visit and inspect each authorized vendor and each food distribution center, and for such purpose shall be given unrestricted access to the premises described in the authorization or contract.

AB100-ASA1, s. 2478 Section 2478. 253.07 (4) (intro.) of the statutes is amended to read:

AB100-ASA1,1454,23 253.07 (4) Family planning services. (intro.) From the appropriation under s. 20.435 (1) (5) (f), the department shall allocate funds in the following amounts, for the following services:

AB100-ASA1, s. 2479 Section 2479. 253.08 of the statutes is amended to read:

AB100-ASA1,1455,5 253.08 Pregnancy counseling services. The department shall make grants from the appropriation under s. 20.435 (1) (5) (eg) to individuals and organizations to provide pregnancy counseling services. For a program to be eligible under this section, an applicant must demonstrate that moneys provided in a grant under s. 20.435 (1) (5) (eg) will not be used to perform an abortion.

AB100-ASA1, s. 2480 Section 2480. 253.085 (2) of the statutes is amended to read:

AB100-ASA1,1455,10 253.085 (2) In addition to the amounts appropriated under s. 20.435 (1) (5) (ev), the department shall allocate $250,000 for each fiscal year from moneys received under the maternal and child health services block grant program, 42 USC 701 to 709, for the outreach program under this section.

AB100-ASA1, s. 2481 Section 2481. 253.10 (3) (d) (intro.) of the statutes is amended to read:

AB100-ASA1,1455,21 253.10 (3) (d) Printed information. (intro.) By the date that is 60 days after May 16, 1996, the department shall cause to be published in English, Spanish, and other languages spoken by a significant number of state residents, as determined by the department, materials that are in an easily comprehensible format and are printed in type of not less than 12-point size. The department shall distribute a reasonably adequate number of the materials to county departments as specified under s. 46.245 (1) and upon request, annually review the materials for accuracy and exercise reasonable diligence in providing materials that are accurate and current. The department may charge a fee not to exceed the actual cost of the preparation and distribution of the materials. The materials shall be all of the following:

AB100-ASA1, s. 2482 Section 2482. 253.12 of the statutes is repealed.

AB100-ASA1, s. 2483 Section 2483. 254.151 (intro.) of the statutes is amended to read:

AB100-ASA1,1456,2 254.151 Lead poisoning or lead exposure prevention grants. (intro.) From the appropriation under s. 20.435 (1) (5) (ef), the department shall award the following grants under criteria that the department shall establish in rules promulgated under this section:

AB100-ASA1, s. 3455m Section 3455m. 254.151 (7) of the statutes is created to read:

AB100-ASA1,1456,7 254.151 (7) In each fiscal year, $125,000 to fund lead screening and outreach activities at a community-based human service agency that provides primary health care, health education and social services to low-income individuals in 1st class cities.

AB100-ASA1, s. 2484 Section 2484. 254.34 (4) of the statutes is amended to read:

AB100-ASA1,1456,12 254.34 (4) The department shall develop standards of performance for the regional radon centers and, from the appropriation under s. 20.435 (1) (5) (ed), the department shall allocate funds based on compliance with the standards to provide radon protection information dissemination from the regional radon centers.

AB100-ASA1, s. 2485 Section 2485. 254.52 (2) (intro.) of the statutes is amended to read:

AB100-ASA1,1456,17 254.52 (2) (intro.)  The department, in consultation with the department of education public instruction, the department of natural resources and the department of agriculture, trade and consumer protection, shall do all of the following:

AB100-ASA1, s. 3473m Section 3473m. 254.61 (5) (g) of the statutes is created to read:

AB100-ASA1,1456,20 254.61 (5) (g) A concession stand at a locally sponsored sporting event, such as a little league game.

AB100-ASA1, s. 2486 Section 2486. 255.05 (2) of the statutes is amended to read:

AB100-ASA1,1457,2 255.05 (2) From the appropriation under s. 20.435 (1) (5) (cc), the department shall allocate up to $400,000 in each fiscal year to provide grants to applying individuals, institutions or organizations for the conduct of projects on cancer control and prevention. Funds shall be awarded on a matching basis, under which, for each grant awarded, the department shall provide 50%, and the grantee 50%, of the total grant funding.

AB100-ASA1, s. 2487 Section 2487. 255.06 (2) (intro.) of the statutes is amended to read:

AB100-ASA1,1457,6 255.06 (2) Breast cancer screening program. (intro.) From the appropriation under s. 20.435 (1) (5) (cc), the department shall administer a breast cancer screening program and shall, in each fiscal year, do all of the following:

AB100-ASA1, s. 2488 Section 2488. 255.07 (2) of the statutes is amended to read:

AB100-ASA1,1457,12 255.07 (2) From the appropriation under s. 20.435 (1) (5) (cc), the department shall distribute not more than $25,000 in each fiscal year to applying organizations for the provision of specialized training of nurse practitioners to perform, in rural areas, colposcopic examinations and follow-up activities for treatment of cervical cancer.

AB100-ASA1, s. 2489 Section 2489. 255.075 of the statutes is created to read:

AB100-ASA1,1457,21 255.075 Health screening for low-income women. From the appropriation account under s. 20.435 (5) (cb), the department shall on a regional basis award funds, as determined by the department, to applicants to provide health care screening, treatment services, referral, follow-up and patient education to low-income, underinsured and uninsured women. Award of a grant to an applicant under this section is conditioned upon receipt by the department of an agreement by the applicant to provide funds or in-kind services to match 25% of the amount of a grant awarded.

AB100-ASA1, s. 2490 Section 2490. 255.30 (4) of the statutes is amended to read:

AB100-ASA1,1458,2 255.30 (4) The department of education state superintendent of public instruction shall prepare and circulate to each public and private educational institution in this state instructions and recommendations for implementing the eye safety provisions of this section.

AB100-ASA1, s. 2491 Section 2491. 280.97 of the statutes is amended to read:

AB100-ASA1,1458,11 280.97 Penalties. Any person, firm or corporation who engages in or follows the business or occupation of, or advertises or holds himself, herself or itself out as or acts temporarily or otherwise as a well driller or pump installer without having first secured the required permit or certificate of registration or renewal thereof, or who otherwise violates any provision of this chapter, shall be fined not less than $10 or more than $100 or imprisoned not less more than 30 days, or both. Each day during which a violation continues shall constitute a separate and distinct offense, and may be punished separately.

AB100-ASA1, s. 3487d Section 3487d. 281.15 (6) of the statutes is created to read:

AB100-ASA1,1458,14 281.15 (6) Notwithstanding sub. (1), the department shall classify the Willow flowage as an outstanding resource water under s. NR 102.10, Wis. Adm. Code.

AB100-ASA1, s. 3487p Section 3487p. 281.16 of the statutes is created to read:

AB100-ASA1,1458,17 281.16 Water quality protection; nonpoint sources. (1) Definitions. In this section:

AB100-ASA1,1458,19 (a) "Agricultural facility" means a structure associated with an agricultural practice.

AB100-ASA1,1459,2 (b) "Agricultural practice" means beekeeping; commercial feedlots; dairying; egg production; floriculture; fish or fur farming; forest and game management; grazing; livestock raising; orchards; plant greenhouses and nurseries; poultry raising; raising of grain, grass, mint and seed crops; raising of fruits, nuts and berries; sod farming; placing land in federal programs in return for payments in kind; owning land, at least 35 acres of which is enrolled in the conservation reserve program under 16 USC 3831 to 3836; and vegetable raising.

AB100-ASA1,1459,4 (c) "Livestock operation" means a feedlot or other facility or a pasture where animals are fed, confined, maintained or stabled.

AB100-ASA1,1459,5 (d) "Navigable waters" has the meaning given in s. 281.31 (2) (d).

AB100-ASA1,1459,7 (e) "Nonpoint source" means a facility or practice that causes, or has the potential to cause, nonpoint source water pollution.

AB100-ASA1,1459,9 (f) "Nonpoint source water pollution" means pollution of waters of the state that does not result from a point source, as defined in s. 283.01 (12).

AB100-ASA1,1459,10 (g) "Water quality management area" means any of the following:

AB100-ASA1,1459,14 1. The area within 1,000 feet from the ordinary high-water mark of navigable waters that consist of a lake, pond or flowage, except that, for a navigable water that is a glacial pothole lake, "water quality management area" means the area within 1,000 feet from the high-water mark of the lake.

AB100-ASA1,1459,16 2. The area within 300 feet from the ordinary high-water mark of navigable waters that consist of a river or stream.

AB100-ASA1,1459,18 3. A site that is susceptible to groundwater contamination or that has the potential to be a direct conduit for contamination to reach groundwater.

AB100-ASA1,1459,20 (h) Notwithstanding s. 281.01 (18), " waters of the state" has the meaning given in s. 283.01 (20).

AB100-ASA1,1459,25 (2) Nonpoint sources that are not agricultural. (a) The department shall, by rule, prescribe performance standards and prohibitions for facilities and practices that are nonpoint sources and that are not agricultural facilities or agricultural practices. The performance standards and prohibitions shall be designed to achieve water quality standards by limiting nonpoint source water pollution.

AB100-ASA1,1460,3 (b) The department shall, by rule, specify a process for the development and dissemination of technical standards to implement the performance standards and prohibitions under par. (a).

AB100-ASA1,1460,8 (c) Using the process specified under par. (b), the department shall develop and disseminate technical standards to implement the performance standards and prohibitions under par. (a). The department shall develop and disseminate alternative technical standards for situations in which more than one method exists to implement the performance standards and prohibitions.

AB100-ASA1,1460,15 (3) Nonpoint sources that are agricultural. (a) The department of natural resources, in consultation with the department of agriculture, trade and consumer protection, shall promulgate rules prescribing performance standards and prohibitions for agricultural facilities and agricultural practices that are nonpoint sources. The performance standards and prohibitions shall be designed to achieve water quality standards by limiting nonpoint source water pollution. At a minimum, the prohibitions shall include all of the following:

AB100-ASA1,1460,17 1. That a livestock operation may have no overflow of manure storage structures.

AB100-ASA1,1460,19 2. That a livestock operation may have no unconfined manure pile in a water quality management area.

AB100-ASA1,1460,21 3. That a livestock operation may have no direct runoff from a feedlot or stored manure into the waters of the state.

AB100-ASA1,1460,24 4. That a livestock operation may not allow unlimited access by livestock to waters of the state in a location where high concentrations of animals prevent the maintenance of adequate sod cover.

AB100-ASA1,1461,6 (b) The department of agriculture, trade and consumer protection, in consultation with the department of natural resources, shall promulgate rules prescribing conservation practices to implement the performance standards and prohibitions under par. (a) and specifying a process for the development and dissemination of technical standards to implement the performance standards and prohibitions under par. (a).

AB100-ASA1,1461,12 (c) Using the process specified under par. (b), the department of agriculture, trade and consumer protection shall develop and disseminate technical standards to implement the performance standards and prohibitions under par. (a). The department of agriculture, trade and consumer protection shall disseminate alternative technical standards for situations in which more than one method exists to implement the performance standards and prohibitions.

AB100-ASA1,1461,15 (d) The conservation practices and technical standards under pars. (b) and (c) shall at a minimum cover animal waste management, nutrients applied to the soil and cropland sediment delivery.

AB100-ASA1,1462,2 (e) An owner or operator of an agricultural facility or practice that is in existence before the effective date of this paragraph .... [revisor inserts date], may not be required by this state or a municipality to comply with the performance standards, prohibitions, conservation practices or technical standards under this subsection unless cost-sharing is available, under sub. (5) or s. 92.14 or 281.65 or from any other source, to the owner or operator. For the purposes of this paragraph, sub. (4) and ss. 92.07 (2), 92.105 (1), 92.15 (4) and 823.08 (3) (c) 2., the department of natural resources shall promulgate rules that specify criteria for determining whether cost-sharing is available under sub. (5) or s. 281.65 and the department of agriculture, trade and consumer protection shall promulgate rules that specify criteria for determining whether cost-sharing is available under s. 92.14 or from any other source.

AB100-ASA1,1462,11 (4) Application to animal feeding operations. If the department issues a notice of discharge under ch. 283 for an animal feeding operation, the performance standards, prohibitions, conservation practices and technical standards under sub. (3) apply to the animal feeding operation, except that if the animal feeding operation is in existence before the effective date of this subsection .... [revisor inserts date], the performance standards, prohibitions, conservation practices and technical standards only apply if the department determines that cost-sharing is available to the owner or operator of the animal feeding operation under sub. (5), s. 92.14 or 281.65 or from any other source.

AB100-ASA1,1462,17 (5) Cost-sharing for compliance. From the appropriation under s. 20.866 (2) (te), the department shall provide cost-sharing grants to persons to whom cost-sharing is not available from other sources for projects to assist agricultural facilities to comply with the performance standards, prohibitions, conservation practices and technical standards under sub. (3). The department shall promulgate rules for the administration of the program under this subsection.

AB100-ASA1, s. 2492 Section 2492. 281.17 (3) of the statutes is amended to read: