Amendment AA2-ASA1-AB133

AB133-ASA1-AA2,432,12 (3) (a) All of the following, unless otherwise specified, apply in conducting investigations under this section:

AB133-ASA1-AA2,432,14 1. If questioned about his or her age during the course of an investigation, the minor shall state his or her true age.

AB133-ASA1-AA2,432,16 2. A minor may not be used for the purposes of an investigation at a retail outlet at which the minor is a regular customer.

AB133-ASA1-AA2,432,18 3. The appearance of a minor may not be materially altered so as to indicate greater age.

AB133-ASA1-AA2,432,20 4. A photograph or videotape of the minor shall be made before and after the investigation, or series of investigations, and shall be retained for 2 years.

AB133-ASA1-AA2,432,25 5. Except investigations conducted under a grant received under 42 USC 300x-21, within 24 hours after the completion of a sale or other distribution of cigarettes or tobacco products, the employe of the governmental regulatory authority supervising the minor under sub. (2) shall inform the person who sold or distributed the cigarettes or tobacco products to the minor of the investigation.

AB133-ASA1-AA2,433,5 6. The results of an investigation, including the issuance of any citation by a governmental regulatory authority for a violation that occurs during the conduct of the investigation, shall be made known to the retailer or the retailer's employe or agent within 24 hours after the occurrence of the violation. This subdivision does not apply to investigations conducted under a grant received under 42 USC 300x-021.

AB133-ASA1-AA2,433,9 7. Except with respect to investigations conducted under 42 USC 300x-021 or 21 CFR part 897, all of the following information shall be reported to the department, and to the retailer, within 7 days after the conduct of an investigation under this section:

AB133-ASA1-AA2,433,11 a. The name and position of the governmental regulatory authority employe who directly supervised the investigation.

AB133-ASA1-AA2,433,12 b. The date of birth of the minor.

AB133-ASA1-AA2,433,13 c. The date and time of the investigation.

AB133-ASA1-AA2,433,15 d. A reasonably detailed description of the circumstances giving rise to a violation, if any, or, if there is no violation, written notice to that effect.

AB133-ASA1-AA2,433,16 e. Any other relevant information requested by the department.

AB133-ASA1-AA2,433,18 (b) An investigation under this section conducted by a governmental regulatory authority shall be conducted in strict conformity with this section.

AB133-ASA1-AA2,433,21 (4) No results of an investigation conducted under this section may be included in the survey specified under sub. (1) if it is proved that the requirements under sub. (3) were not met in conducting the investigation.

AB133-ASA1-AA2,433,24 (5) No evidence obtained during or otherwise arising from the course of an investigation under this section that is used to prosecute a person for a violation of s. 134.66 (2) (a) may be used in the prosecution of an alleged violation of s. 125.07 (3).

AB133-ASA1-AA2,434,5 (6) The department shall compile the results of investigations performed under this section and shall prepare an annual report that reflects the results for submission with the state's application for federal funds under 42 USC 300x-21. The report shall be published for public comment at least 60 days before the beginning of negotiations under sub. (7).

AB133-ASA1-AA2,434,8 (7) The department shall strive annually to negotiate with the federal department of health and human services realistic and attainable interim performance targets for compliance with 42 USC 300x-26.

AB133-ASA1-AA2,434,14 (8) A governmental regulatory agency under this section shall meet standards established by the department of health and family services. The department shall annually evaluate the investigation program of each governmental regulatory authority. If, at any time, a governmental regulatory authority fails to meet the standards, the department of health and family services may terminate the contract under sub. (1).

AB133-ASA1-AA2,434,16 (9) The department shall provide education and training to governmental regulatory authorities to ensure uniformity in the enforcement of this subchapter.

AB133-ASA1-AA2,434,21 (10) This section does not limit the authority of the department to investigate establishments in jurisdictional areas of governmental regulatory authorities if the department investigates in response to an emergency, for the purpose of monitoring and evaluating the governmental regulatory authority's investigation and enforcement program or at the request of the governmental regulatory authority.

AB133-ASA1-AA2,435,2 (11) The department shall hold a hearing under ch. 227 if any interested person, in lieu of proceeding under ch. 68, appeals to the department alleging that the person making an investigation of the appellant has a financial interest in a regulated cigarette and tobacco product retailer, tobacco vending machine operator, tobacco vending machine premises or tobacco vending machine which may interfere with his or her ability to properly take that action.

AB133-ASA1-AA2, s. 2485L Section 2485L. 254.92 (2) (b) of the statutes is created to read:

AB133-ASA1-AA2,435,7 254.92 (2) (b) A person under 18 years of age, but not under 15 years of age, may purchase, attempt to purchase or possess cigarettes or tobacco products in the course of his or her participation in an investigation under s. 254.916 that is conducted in accordance with s. 254.916 (3) (a).".

AB133-ASA1-AA2,435,8 930. Page 1233, line 19: after that line insert:

AB133-ASA1-AA2,435,9 " Section 2485t. 255.05 (1) (a) of the statutes is amended to read:

AB133-ASA1-AA2,435,13 255.05 (1) (a) "Institution" means any hospital, nursing home, county home, county mental hospital, tuberculosis sanatorium, community-based residential facility or other place licensed or approved by the department under ss. s. 49.70, 49.71, 49.72, 50.02, 50.03, 50.35, 51.08, or 51.09, 58.06, 252.073 and 252.076.".

AB133-ASA1-AA2,435,14 931. Page 1234, line 14: after "may" insert ", beginning July 1, 2000,".

AB133-ASA1-AA2,435,16 932. Page 1234, line 24: delete that line and substitute "$500,000 in fiscal year 2000-01 and in each fiscal year thereafter.".

AB133-ASA1-AA2,435,18 933. Page 1235, line 2: delete that line and substitute "under s. 255.10, $500,000 in".

AB133-ASA1-AA2,435,19 934. Page 1235, line 4: delete lines 4 to 6.

AB133-ASA1-AA2,435,20 935. Page 1235, line 11: delete lines 11 to 15.

AB133-ASA1-AA2,435,21 936. Page 1236, line 12: delete "beginning in fiscal year 2000-01,".

AB133-ASA1-AA2,435,22 937. Page 1238, line 10: after that line insert:

AB133-ASA1-AA2,435,23 " Section 2487x. 281.165 of the statutes is created to read:

AB133-ASA1-AA2,436,8 281.165 Compliance with water quality standards for wetlands. An activity shall be considered to comply with the water quality standards that are applicable to wetlands and that are promulgated as rules under s. 281.15 and is exempt from any prohibition, restriction, requirement, permit, license, approval, authorization, fee, notice, hearing, procedure or penalty specified under s. 29.601 (3) or chs. 30, 31, 281, 283, 289 to 292 or 299 or specified under any rule promulgated, order issued or ordinance adopted under any of those sections or chapters, if the activity meets all of the following requirements:

AB133-ASA1-AA2,436,10 (1) The wetland area that will be affected by the activity is less than 15 acres in size.

AB133-ASA1-AA2,436,12 (2) The site of the activity is zoned for industrial use and is in the vicinity of a manufacturing facility.

AB133-ASA1-AA2,436,14 (3) The site of the activity is within the corporate limits of a city on January 1, 1999.

AB133-ASA1-AA2,436,17 (4) The governing body of the city adopts a resolution stating that the exemption under this section is necessary to protect jobs that exist in the city on the date of the adoption of the resolution or is necessary to promote job creation.

AB133-ASA1-AA2,436,18 (5) The site of the activity is located in Trempealeau County.".

AB133-ASA1-AA2,436,19 938. Page 1239, line 2: after that line insert:

AB133-ASA1-AA2,436,20 " Section 2490z. 281.57 (10t) of the statutes is created to read:

AB133-ASA1-AA2,437,6 281.57 (10t) Loan for a drinking water treatment plant. Notwithstanding subs. (2), (4) to (10) and (12), during the 1999-2001 biennium, the department shall provide a loan of $1,100,000 to the village of Marathon for the upgrading or replacement of a drinking water treatment plant. The department may not charge any interest on the loan. The department may not require the municipality to repay the loan until the municipality receives a grant from the federal environmental protection agency for the upgrading or replacement of the drinking water treatment plant. If the federal environmental protection agency denies the grant or a portion of the grant, the village of Marathon shall repay the amount of the loan that exceeds the amount of the grant.".

AB133-ASA1-AA2,437,7 939. Page 1276, line 4: after that line insert:

AB133-ASA1-AA2,437,8 " Section 2554r. 285.53 (1) (a) of the statutes is amended to read:

AB133-ASA1-AA2,437,11 285.53 (1) (a) Applicability. This subsection applies to a medical waste incinerator, as defined in s. 287.07 (7) (c) 1. cr. (8) (a) 5., that has a capacity of 5 tons or more per day.

AB133-ASA1-AA2, s. 2554rm Section 2554rm. 285.53 (2) of the statutes is amended to read:

AB133-ASA1-AA2,437,15 285.53 (2) Continuous monitoring. A person operating or responsible for the operation of a medical waste incinerator, as defined in s. 287.07 (7) (c) 1. cr. (8) (a) 5., shall continuously monitor emissions from the medical waste incinerator.

AB133-ASA1-AA2, s. 2554t Section 2554t. 285.55 (1) of the statutes is amended to read:

AB133-ASA1-AA2,437,19 285.55 (1) In this section, "medical waste incinerator" means a facility for solid waste treatment, as defined in s. 289.01 (39), that burns medical waste, as defined in s. 287.07 (7) (c) 1. cg. (8) (a) 4.

AB133-ASA1-AA2, s. 2554u Section 2554u. 285.55 (4) (intro.) of the statutes is amended to read:

AB133-ASA1-AA2,438,2 285.55 (4) (intro.) Subsection (2) does not apply to the issuance of an air pollution control permit or a license under s. 289.31 for the construction or modification of a medical waste incinerator by one or more hospitals, as defined in s. 50.33 (2), clinics, as defined in s. 287.07 (7) (c) 1. a. (8) (a) 1., or nursing homes, as defined in s. 50.01 (3), if all of the following apply:

AB133-ASA1-AA2, s. 2555e Section 2555e. 285.63 (10) (a) of the statutes is amended to read:

AB133-ASA1-AA2,438,5 285.63 (10) (a) In this subsection, "medical waste incinerator" has the meaning given in s. 287.07 (7) (c) 1. cr. (8) (a) 5.

AB133-ASA1-AA2, s. 2555f Section 2555f. 285.63 (10) (c) 4. of the statutes is repealed.".

AB133-ASA1-AA2,438,7 940. Page 1278, line 15: after that line insert:

AB133-ASA1-AA2,438,8 " Section 2559b. 287.01 (2) of the statutes is repealed.

AB133-ASA1-AA2, s. 2559bm Section 2559bm. 287.01 (5) of the statutes is repealed.

AB133-ASA1-AA2, s. 2559c Section 2559c. 287.01 (6) of the statutes is repealed.

AB133-ASA1-AA2, s. 2559cm Section 2559cm. 287.01 (8) of the statutes is repealed.

AB133-ASA1-AA2, s. 2559d Section 2559d. 287.01 (9) of the statutes is repealed.

AB133-ASA1-AA2, s. 2559e Section 2559e. 287.03 (1) (e) of the statutes is created to read:

AB133-ASA1-AA2,438,15 287.03 (1) (e) Promulgate by rule a model recycling ordinance for municipalities and counties.

AB133-ASA1-AA2, s. 2559f Section 2559f. 287.07 (1m) (title) of the statutes is amended to read:

AB133-ASA1-AA2,438,17 287.07 (1m) (title) Batteries, major appliances and, oil and tires.

AB133-ASA1-AA2, s. 2559fm Section 2559fm. 287.07 (1m) (c) of the statutes is created to read:

AB133-ASA1-AA2,438,21 287.07 (1m) (c) Dispose of a waste tire, as defined in s. 289.55 (1) (c), in a solid waste disposal facility or burn a waste tire, as defined in s. 289.55 (1) (c), without energy recovery in a solid waste treatment facility in this state.

AB133-ASA1-AA2, s. 2559g Section 2559g. 287.07 (2) of the statutes is repealed.

AB133-ASA1-AA2, s. 2559gm Section 2559gm. 287.07 (3) of the statutes is repealed.

AB133-ASA1-AA2, s. 2559h Section 2559h. 287.07 (4) of the statutes is repealed.

AB133-ASA1-AA2, s. 2559i Section 2559i. 287.07 (7) (a) of the statutes, as affected by 1997 Wisconsin Act 27, is repealed.

AB133-ASA1-AA2, s. 2559j Section 2559j. 287.07 (7) (b) 1. b. of the statutes is amended to read:

AB133-ASA1-AA2,439,7 287.07 (7) (b) 1. b. "Operating solid waste treatment facility" means a solid waste treatment facility that has an operating permit or license issued under s. 285.60 or 289.31 prior to May 11, 1990, except for a medical waste incinerator, as defined in par. (c) 1. cr. sub. (8) (a) 5.

AB133-ASA1-AA2, s. 2559jm Section 2559jm. 287.07 (7) (b) 2. of the statutes is amended to read:

AB133-ASA1-AA2,439,15 287.07 (7) (b) 2. A The prohibition in sub. (3) (b), (c), (e), (f), (g), (h) or (j) or (4) (b), (c), (f), (g), (h) or (i) (1m) (c) does not apply to a person who converts into fuel or burns at an operating solid waste treatment facility a the type of material identified in one of those paragraphs that paragraph that was converted into fuel or burned at the operating solid waste treatment facility during April, 1990, and either is generated in the operating solid waste treatment facility's current service area or is generated by the owner of the operating solid waste treatment facility.

AB133-ASA1-AA2, s. 2559k Section 2559k. 287.07 (7) (b) 3. of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB133-ASA1-AA2,439,23 287.07 (7) (b) 3. The prohibitions in subs. (3) and (4) do prohibition in sub. (1m) (c) does not apply to a person who converts into fuel or burns at an operating solid waste treatment facility any the material identified in those subsections that paragraph if the person converted into fuel or burned the material at the operating solid waste treatment facility during April, 1990, and the material is generated outside of this state.

AB133-ASA1-AA2, s. 2559L Section 2559L. 287.07 (7) (bg) of the statutes is amended to read:

AB133-ASA1-AA2,440,4 287.07 (7) (bg) The prohibitions in subs. sub. (1m) to (4) do not apply to a person who burns solid waste at a facility that uses solid waste as a supplemental fuel if less than 30% of heat input to the facility is derived from the solid waste burned as supplemental fuel.

AB133-ASA1-AA2, s. 2559m Section 2559m. 287.07 (7) (c) of the statutes is repealed.

AB133-ASA1-AA2, s. 2559mm Section 2559mm. 287.07 (7) (d) of the statutes, as affected by 1997 Wisconsin Act 27, is repealed.

AB133-ASA1-AA2, s. 2559n Section 2559n. 287.07 (7) (e) of the statutes is repealed.

AB133-ASA1-AA2, s. 2559p Section 2559p. 287.07 (7) (f) of the statutes is amended to read:

AB133-ASA1-AA2,440,13 287.07 (7) (f) The prohibitions in subs. (2) and (3) do prohibition in sub. (1m) (c) does not apply to the beneficial reuse of a material waste tires within a solid waste disposal facility if the beneficial reuse of the material waste tires is approved in the solid waste disposal facility's plan of operation under s. 289.30.

AB133-ASA1-AA2, s. 2559pm Section 2559pm. 287.07 (7) (g) of the statutes is repealed.

AB133-ASA1-AA2, s. 2559q Section 2559q. 287.07 (7) (h) of the statutes is repealed.

AB133-ASA1-AA2, s. 2559qm Section 2559qm. 287.07 (8) (a) of the statutes is renumbered 287.07 (8) (am), and 287.07 (8) (am) (intro.), as renumbered, is amended to read:

AB133-ASA1-AA2,440,20 287.07 (8) (am) (intro.) A generator of medical waste that sends waste to a medical waste incinerator shall develop policies concerning reduction of medical waste, as defined in sub. (7) (c) 1. cg., including all of the following: