AB133-ASA1-AA2,430,12 11(5) "Retail outlet" means a place of business from which cigarettes or tobacco
12products are sold at retail to consumers.
AB133-ASA1-AA2,430,13 13(6) "State agency" has the meaning given in s. 1.12 (1) (b).
AB133-ASA1-AA2,430,14 14(7) "Tobacco products" has the meaning given in s. 139.75 (12).
AB133-ASA1-AA2,430,17 15(8) "Tobacco vending machine" is any mechanical device that automatically
16dispenses cigarettes or tobacco products when money or tokens are deposited in the
17device in payment for the cigarettes or tobacco products.
AB133-ASA1-AA2,430,22 18(9) "Tobacco vending machine operator" means a person who acquires tobacco
19products or stamped cigarettes from manufacturers, as defined in s. 134.66 (1) (e),
20or permittees, stores them and sells them through the medium of tobacco vending
21machines that he or she owns, operates or services and that are located on premises
22that are owned or under the control of other persons.
AB133-ASA1-AA2,430,24 23(10) "Tobacco vending machine premises" means any area in which a tobacco
24vending machine is located.
AB133-ASA1-AA2, s. 2485j 25Section 2485j. 254.916 of the statutes is created to read:
AB133-ASA1-AA2,431,18
1254.916 Department; authority. (1) (a) In the administration of this
2subchapter, the department may contract with local health departments, as agents
3of the department, with a state agency or with law enforcement agencies of the state,
4or of a county, city, village or town, to cause unannounced investigations to be
5conducted annually at retail outlets, including sites of tobacco vending machines, to
6survey overall levels of compliance with s. 134.66 (2) (a). A person with whom the
7department contracts under this paragraph may contract with another person to
8conduct the investigations. Except any survey conducted under 21 CFR part 897, the
9survey under this subsection shall cover a range of retail outlets that are not
10preselected on the basis of prior violations, in order to measure overall levels of
11compliance as well as to identify violations. The survey shall be conducted so as to
12provide a sample of retail outlets that reflects the distribution of minors throughout
13the state and the distribution of the retail outlets throughout the state where minors
14are likely to attempt to purchase cigarettes. The survey shall include all types of
15retail outlets that are required to comply with s. 134.66 (2) (a). The department shall
16use statistically sound sampling techniques in designing the annual surveys so as
17to measure overall levels of compliance and shall stratify the sample so as to measure
18compliance by type of retail outlet, including all of the following:
AB133-ASA1-AA2,431,1919 1. A private place of business other than a retail establishment.
AB133-ASA1-AA2,431,2120 2. A barroom, as defined in s. 125.51 (3m) (a), that is located on premises
21described in a license issued under s. 125.26 or 125.51 (3).
AB133-ASA1-AA2,431,2322 (b) The department, in consultation with retailers, shall establish standards
23for procedures and training for conducting investigations under this section.
AB133-ASA1-AA2,432,3
1(2) With the permission of his or her parent or guardian, a person under 18
2years of age, but not under 15 years of age, may buy, attempt to buy or possess any
3cigarette or tobacco product if all of the following are true:
AB133-ASA1-AA2,432,54 (a) The person commits the act for the purpose of conducting an investigation
5under this section.
AB133-ASA1-AA2,432,76 (b) The person is directly supervised during the conducting of the investigation
7by an adult employe of a governmental regulatory authority.
AB133-ASA1-AA2,432,108 (c) The person has prior written authorization to commit the act from a
9governmental regulatory authority or a district attorney or from an authorized agent
10of a governmental regulatory authority or a district attorney.
AB133-ASA1-AA2,432,12 11(3) (a) All of the following, unless otherwise specified, apply in conducting
12investigations under this section:
AB133-ASA1-AA2,432,1413 1. If questioned about his or her age during the course of an investigation, the
14minor shall state his or her true age.
AB133-ASA1-AA2,432,1615 2. A minor may not be used for the purposes of an investigation at a retail outlet
16at which the minor is a regular customer.
AB133-ASA1-AA2,432,1817 3. The appearance of a minor may not be materially altered so as to indicate
18greater age.
AB133-ASA1-AA2,432,2019 4. A photograph or videotape of the minor shall be made before and after the
20investigation, or series of investigations, and shall be retained for 2 years.
AB133-ASA1-AA2,432,25215. Except investigations conducted under a grant received under 42 USC
22300x-21
, within 24 hours after the completion of a sale or other distribution of
23cigarettes or tobacco products, the employe of the governmental regulatory authority
24supervising the minor under sub. (2) shall inform the person who sold or distributed
25the cigarettes or tobacco products to the minor of the investigation.
AB133-ASA1-AA2,433,5
16. The results of an investigation, including the issuance of any citation by a
2governmental regulatory authority for a violation that occurs during the conduct of
3the investigation, shall be made known to the retailer or the retailer's employe or
4agent within 24 hours after the occurrence of the violation. This subdivision does not
5apply to investigations conducted under a grant received under 42 USC 300x-021.
AB133-ASA1-AA2,433,967. Except with respect to investigations conducted under 42 USC 300x-021 or
721 CFR part 897, all of the following information shall be reported to the department,
8and to the retailer, within 7 days after the conduct of an investigation under this
9section:
AB133-ASA1-AA2,433,1110 a. The name and position of the governmental regulatory authority employe
11who directly supervised the investigation.
AB133-ASA1-AA2,433,1212 b. The date of birth of the minor.
AB133-ASA1-AA2,433,1313 c. The date and time of the investigation.
AB133-ASA1-AA2,433,1514 d. A reasonably detailed description of the circumstances giving rise to a
15violation, if any, or, if there is no violation, written notice to that effect.
AB133-ASA1-AA2,433,1616 e. Any other relevant information requested by the department.
AB133-ASA1-AA2,433,1817 (b) An investigation under this section conducted by a governmental regulatory
18authority shall be conducted in strict conformity with this section.
AB133-ASA1-AA2,433,21 19(4) No results of an investigation conducted under this section may be included
20in the survey specified under sub. (1) if it is proved that the requirements under sub.
21(3) were not met in conducting the investigation.
AB133-ASA1-AA2,433,24 22(5) No evidence obtained during or otherwise arising from the course of an
23investigation under this section that is used to prosecute a person for a violation of
24s. 134.66 (2) (a) may be used in the prosecution of an alleged violation of s. 125.07 (3).
AB133-ASA1-AA2,434,5
1(6) The department shall compile the results of investigations performed under
2this section and shall prepare an annual report that reflects the results for
3submission with the state's application for federal funds under 42 USC 300x-21. The
4report shall be published for public comment at least 60 days before the beginning
5of negotiations under sub. (7).
AB133-ASA1-AA2,434,8 6(7) The department shall strive annually to negotiate with the federal
7department of health and human services realistic and attainable interim
8performance targets for compliance with 42 USC 300x-26.
AB133-ASA1-AA2,434,14 9(8) A governmental regulatory agency under this section shall meet standards
10established by the department of health and family services. The department shall
11annually evaluate the investigation program of each governmental regulatory
12authority. If, at any time, a governmental regulatory authority fails to meet the
13standards, the department of health and family services may terminate the contract
14under sub. (1).
AB133-ASA1-AA2,434,16 15(9) The department shall provide education and training to governmental
16regulatory authorities to ensure uniformity in the enforcement of this subchapter.
AB133-ASA1-AA2,434,21 17(10) This section does not limit the authority of the department to investigate
18establishments in jurisdictional areas of governmental regulatory authorities if the
19department investigates in response to an emergency, for the purpose of monitoring
20and evaluating the governmental regulatory authority's investigation and
21enforcement program or at the request of the governmental regulatory authority.
AB133-ASA1-AA2,435,2 22(11) The department shall hold a hearing under ch. 227 if any interested
23person, in lieu of proceeding under ch. 68, appeals to the department alleging that
24the person making an investigation of the appellant has a financial interest in a
25regulated cigarette and tobacco product retailer, tobacco vending machine operator,

1tobacco vending machine premises or tobacco vending machine which may interfere
2with his or her ability to properly take that action.
AB133-ASA1-AA2, s. 2485L 3Section 2485L. 254.92 (2) (b) of the statutes is created to read:
AB133-ASA1-AA2,435,74 254.92 (2) (b) A person under 18 years of age, but not under 15 years of age,
5may purchase, attempt to purchase or possess cigarettes or tobacco products in the
6course of his or her participation in an investigation under s. 254.916 that is
7conducted in accordance with s. 254.916 (3) (a).".
AB133-ASA1-AA2,435,8 8930. Page 1233, line 19: after that line insert:
AB133-ASA1-AA2,435,9 9" Section 2485t. 255.05 (1) (a) of the statutes is amended to read:
AB133-ASA1-AA2,435,1310 255.05 (1) (a) "Institution" means any hospital, nursing home, county home,
11county mental hospital, tuberculosis sanatorium, community-based residential
12facility or other place licensed or approved by the department under ss. s. 49.70,
1349.71, 49.72, 50.02, 50.03, 50.35, 51.08, or 51.09, 58.06, 252.073 and 252.076.".
AB133-ASA1-AA2,435,14 14931. Page 1234, line 14: after "may" insert ", beginning July 1, 2000,".
AB133-ASA1-AA2,435,16 15932. Page 1234, line 24: delete that line and substitute "$500,000 in fiscal
16year 2000-01 and in each fiscal year thereafter.".
AB133-ASA1-AA2,435,18 17933. Page 1235, line 2: delete that line and substitute "under s. 255.10,
18$500,000 in".
AB133-ASA1-AA2,435,19 19934. Page 1235, line 4: delete lines 4 to 6.
AB133-ASA1-AA2,435,20 20935. Page 1235, line 11: delete lines 11 to 15.
AB133-ASA1-AA2,435,21 21936. Page 1236, line 12: delete "beginning in fiscal year 2000-01,".
AB133-ASA1-AA2,435,22 22937. Page 1238, line 10: after that line insert:
AB133-ASA1-AA2,435,23 23" Section 2487x. 281.165 of the statutes is created to read:
AB133-ASA1-AA2,436,8
1281.165 Compliance with water quality standards for wetlands. An
2activity shall be considered to comply with the water quality standards that are
3applicable to wetlands and that are promulgated as rules under s. 281.15 and is
4exempt from any prohibition, restriction, requirement, permit, license, approval,
5authorization, fee, notice, hearing, procedure or penalty specified under s. 29.601 (3)
6or chs. 30, 31, 281, 283, 289 to 292 or 299 or specified under any rule promulgated,
7order issued or ordinance adopted under any of those sections or chapters, if the
8activity meets all of the following requirements:
AB133-ASA1-AA2,436,10 9(1) The wetland area that will be affected by the activity is less than 15 acres
10in size.
AB133-ASA1-AA2,436,12 11(2) The site of the activity is zoned for industrial use and is in the vicinity of
12a manufacturing facility.
AB133-ASA1-AA2,436,14 13(3) The site of the activity is within the corporate limits of a city on January
141, 1999.
AB133-ASA1-AA2,436,17 15(4) The governing body of the city adopts a resolution stating that the
16exemption under this section is necessary to protect jobs that exist in the city on the
17date of the adoption of the resolution or is necessary to promote job creation.
AB133-ASA1-AA2,436,18 18(5) The site of the activity is located in Trempealeau County.".
AB133-ASA1-AA2,436,19 19938. Page 1239, line 2: after that line insert:
AB133-ASA1-AA2,436,20 20" Section 2490z. 281.57 (10t) of the statutes is created to read:
AB133-ASA1-AA2,437,621 281.57 (10t) Loan for a drinking water treatment plant. Notwithstanding
22subs. (2), (4) to (10) and (12), during the 1999-2001 biennium, the department shall
23provide a loan of $1,100,000 to the village of Marathon for the upgrading or
24replacement of a drinking water treatment plant. The department may not charge

1any interest on the loan. The department may not require the municipality to repay
2the loan until the municipality receives a grant from the federal environmental
3protection agency for the upgrading or replacement of the drinking water treatment
4plant. If the federal environmental protection agency denies the grant or a portion
5of the grant, the village of Marathon shall repay the amount of the loan that exceeds
6the amount of the grant.".
AB133-ASA1-AA2,437,7 7939. Page 1276, line 4: after that line insert:
AB133-ASA1-AA2,437,8 8" Section 2554r. 285.53 (1) (a) of the statutes is amended to read:
AB133-ASA1-AA2,437,119 285.53 (1) (a) Applicability. This subsection applies to a medical waste
10incinerator, as defined in s. 287.07 (7) (c) 1. cr. (8) (a) 5., that has a capacity of 5 tons
11or more per day.
AB133-ASA1-AA2, s. 2554rm 12Section 2554rm. 285.53 (2) of the statutes is amended to read:
AB133-ASA1-AA2,437,1513 285.53 (2) Continuous monitoring. A person operating or responsible for the
14operation of a medical waste incinerator, as defined in s. 287.07 (7) (c) 1. cr. (8) (a) 5.,
15shall continuously monitor emissions from the medical waste incinerator.
AB133-ASA1-AA2, s. 2554t 16Section 2554t. 285.55 (1) of the statutes is amended to read:
AB133-ASA1-AA2,437,1917 285.55 (1) In this section, "medical waste incinerator" means a facility for solid
18waste treatment, as defined in s. 289.01 (39), that burns medical waste, as defined
19in s. 287.07 (7) (c) 1. cg. (8) (a) 4.
AB133-ASA1-AA2, s. 2554u 20Section 2554u. 285.55 (4) (intro.) of the statutes is amended to read:
AB133-ASA1-AA2,438,221 285.55 (4) (intro.) Subsection (2) does not apply to the issuance of an air
22pollution control permit or a license under s. 289.31 for the construction or
23modification of a medical waste incinerator by one or more hospitals, as defined in

1s. 50.33 (2), clinics, as defined in s. 287.07 (7) (c) 1. a. (8) (a) 1., or nursing homes, as
2defined in s. 50.01 (3), if all of the following apply:
AB133-ASA1-AA2, s. 2555e 3Section 2555e. 285.63 (10) (a) of the statutes is amended to read:
AB133-ASA1-AA2,438,54 285.63 (10) (a) In this subsection, "medical waste incinerator" has the meaning
5given in s. 287.07 (7) (c) 1. cr. (8) (a) 5.
AB133-ASA1-AA2, s. 2555f 6Section 2555f. 285.63 (10) (c) 4. of the statutes is repealed.".
AB133-ASA1-AA2,438,7 7940. Page 1278, line 15: after that line insert:
AB133-ASA1-AA2,438,8 8" Section 2559b. 287.01 (2) of the statutes is repealed.
AB133-ASA1-AA2, s. 2559bm 9Section 2559bm. 287.01 (5) of the statutes is repealed.
AB133-ASA1-AA2, s. 2559c 10Section 2559c. 287.01 (6) of the statutes is repealed.
AB133-ASA1-AA2, s. 2559cm 11Section 2559cm. 287.01 (8) of the statutes is repealed.
AB133-ASA1-AA2, s. 2559d 12Section 2559d. 287.01 (9) of the statutes is repealed.
AB133-ASA1-AA2, s. 2559e 13Section 2559e. 287.03 (1) (e) of the statutes is created to read:
AB133-ASA1-AA2,438,1514 287.03 (1) (e) Promulgate by rule a model recycling ordinance for
15municipalities and counties.
AB133-ASA1-AA2, s. 2559f 16Section 2559f. 287.07 (1m) (title) of the statutes is amended to read:
AB133-ASA1-AA2,438,1717 287.07 (1m) (title) Batteries, major appliances and, oil and tires.
AB133-ASA1-AA2, s. 2559fm 18Section 2559fm. 287.07 (1m) (c) of the statutes is created to read:
AB133-ASA1-AA2,438,2119 287.07 (1m) (c) Dispose of a waste tire, as defined in s. 289.55 (1) (c), in a solid
20waste disposal facility or burn a waste tire, as defined in s. 289.55 (1) (c), without
21energy recovery in a solid waste treatment facility in this state.
AB133-ASA1-AA2, s. 2559g 22Section 2559g. 287.07 (2) of the statutes is repealed.
AB133-ASA1-AA2, s. 2559gm 23Section 2559gm. 287.07 (3) of the statutes is repealed.
AB133-ASA1-AA2, s. 2559h 24Section 2559h. 287.07 (4) of the statutes is repealed.
AB133-ASA1-AA2, s. 2559i
1Section 2559i. 287.07 (7) (a) of the statutes, as affected by 1997 Wisconsin Act
227
, is repealed.
AB133-ASA1-AA2, s. 2559j 3Section 2559j. 287.07 (7) (b) 1. b. of the statutes is amended to read:
AB133-ASA1-AA2,439,74 287.07 (7) (b) 1. b. "Operating solid waste treatment facility" means a solid
5waste treatment facility that has an operating permit or license issued under s.
6285.60 or 289.31 prior to May 11, 1990, except for a medical waste incinerator, as
7defined in par. (c) 1. cr. sub. (8) (a) 5.
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