Amendment JR2 CA1-ASA1-AB1

AB1-ASA1-CA1,256,18 100.31 (5) Special remedies. The department of justice or a district attorney may bring an action to enjoin a violation of this section without being compelled to allege or prove that an adequate remedy at law does not exist. An action under this subsection may be commenced and prosecuted by the department of justice or a district attorney, in the name of the state, in a circuit court in the county where the offense occurred or in Dane County, notwithstanding s. 801.50.

AB1-ASA1-CA1, s. 267ko Section 267ko. 100.37 (1) (am) of the statutes is created to read:

AB1-ASA1-CA1,256,21 100.37 (1) (am) Notwithstanding s. 93.01 (3), "department" means the department of justice.

AB1-ASA1-CA1, s. 267kp Section 267kp. 100.38 (5) of the statutes is amended to read:

AB1-ASA1-CA1,257,2 100.38 (5) Inspection. The department of justice shall enforce this section by inspection, chemical analyses or any other appropriate method and the department of justice may promulgate such rules as are necessary to effectively enforce this section.

AB1-ASA1-CA1, s. 267kq Section 267kq. 100.38 (6) of the statutes is amended to read:

AB1-ASA1-CA1,257,6 100.38 (6) Enforcement. It is unlawful to sell any antifreeze which is adulterated or misbranded. In addition to the penalties provided under sub. (7), the department of justice may bring an action to enjoin violations of this section.

AB1-ASA1-CA1, s. 267kr Section 267kr. 100.41 (1) (bn) of the statutes is created to read:

AB1-ASA1-CA1,257,9 100.41 (1) (bn) Notwithstanding s. 93.01 (3), "department" means the department of justice.

AB1-ASA1-CA1, s. 267ks Section 267ks. 100.42 (1) (cm) of the statutes is created to read:

AB1-ASA1-CA1,257,12 100.42 (1) (cm) Notwithstanding s. 93.01 (3), "department" means the department of justice.

AB1-ASA1-CA1, s. 267kt Section 267kt. 100.43 (1) (am) of the statutes is created to read:

AB1-ASA1-CA1,257,15 100.43 (1) (am) Notwithstanding s. 93.01 (3), "department" means the department of justice.

AB1-ASA1-CA1, s. 267ku Section 267ku. 100.44 (5) of the statutes is amended to read:

AB1-ASA1-CA1,257,23 100.44 (5) Enforcement. For any violation of sub. (3), the department of justice may, on behalf of the state, bring an action in any court of competent jurisdiction for the recovery of forfeitures authorized under sub. (4), for temporary or permanent injunctive relief and for any other appropriate relief. The court may make any order or judgment that is necessary to restore to any person any pecuniary loss suffered because of a violation of sub. (3) if proof of the loss is shown to the satisfaction of the court.

AB1-ASA1-CA1, s. 267kv Section 267kv. 100.46 (1) of the statutes is amended to read:

AB1-ASA1-CA1,258,3 100.46 (1) Energy conservation standards. The department of justice may by rule adopt energy conservation standards for products that have been established in or promulgated under 42 USC 6291 to 6309.

AB1-ASA1-CA1, s. 267kw Section 267kw. 100.46 (2) of the statutes is amended to read:

AB1-ASA1-CA1,258,9 100.46 (2) Prohibited acts; enforcement. No person may sell at retail, install or cause to be installed any product that is not in compliance with rules promulgated under sub. (1). In addition to other penalties and enforcement procedures, the department of justice may apply to a court for a temporary or permanent injunction restraining any person from violating a rule adopted under sub. (1).

AB1-ASA1-CA1, s. 267kx Section 267kx. 100.50 (6) (b) of the statutes is amended to read:

AB1-ASA1-CA1,258,13 100.50 (6) (b) In lieu of or in addition to the remedy under par. (a), the department of justice may seek an injunction restraining any person from violating this section.

AB1-ASA1-CA1, s. 267ky Section 267ky. 100.50 (6) (c) of the statutes is amended to read:

AB1-ASA1-CA1,258,17 100.50 (6) (c) The department of justice, or any district attorney upon the request of the department of justice, may commence an action in the name of the state under par. (a) or (b).

AB1-ASA1-CA1, s. 267kz Section 267kz. 100.52 (1) (bn) of the statutes is created to read:

AB1-ASA1-CA1,258,20 100.52 (1) (bn) Notwithstanding s. 93.01 (3), "department" means the department of justice.".

AB1-ASA1-CA1,258,21 350. Page 156, line 20: after that line insert:

AB1-ASA1-CA1,258,22 " Section 269r. 101.563 of the statutes is created to read:

AB1-ASA1-CA1,259,7 101.563 Payments without regard to eligibility; calendar years 2000 to 2004. (1) Entitlement to dues. (a) Payments from calendar year 2000 dues. Notwithstanding ss. 101.573 (3) (a) and 101.575 (1) and (3) to (5), the department shall pay the amount determined under sub. (2) (a) to every city, village, and town that was ineligible to receive a proportionate share of fire department dues collected for calendar year 2000 as a result of that city, village, or town failing to satisfy all eligibility requirements under s. 101.575 (1) and (3) to (5) or to demonstrate to the department that the city, village, or town was eligible under s. 101.575 (1) and (3) to (5) to receive a proportionate share of the fire department dues.

AB1-ASA1-CA1,259,17 (b) Payments from dues for calendar years 2001 to 2004. Notwithstanding ss. 101.573 (3) (a) and 101.575 (1) and (3) to (5) and except as otherwise provided in this paragraph, the department may not withhold payment of a proportionate share of fire department dues under ss. 101.573 and 101.575 to a city, village, or town based upon the failure of that city, village, or town to satisfy all eligibility requirements under s. 101.575 (1) and (3) to (5) or to demonstrate to the department that the city, village, or town is eligible under s. 101.575 (1) and (3) to (5) to receive a proportionate share of fire department dues. This paragraph applies only to the payment of a proportionate share of fire department dues collected for calendar years 2001 to 2004.

AB1-ASA1-CA1,260,7 (2) Distribution of dues. (a) Payments from calendar year 2000 dues. Notwithstanding s. 101.573 (3) (a), the department shall pay every city, village, and town that is entitled to payment under sub. (1) (a) the amount to which that city, village, or town would have been entitled to receive on or before August 1, 2001, had the city, village, or town been eligible to receive a payment on that date. The department shall calculate the amount due under this paragraph as if every city, village, and town maintaining a fire department was eligible to receive a payment on that date. By the date on which the department provides a certification or recertification to the state treasurer under par. (b) 1., the department shall certify to the state treasurer the amount to be paid to each city, village, and town under this paragraph. On or before August 1, 2002, the state treasurer shall pay the amount certified by the department under this paragraph to each such city, village, and town. The state treasurer may combine any payment due under this paragraph with any amount due to be paid on or before August 1, 2002, to the same city, village, or town under par. (b) 1.

AB1-ASA1-CA1,260,25 (b) Payments from dues for calendar years 2001 to 2004. 1. `Payments from calendar year 2001 dues.' Notwithstanding s. 101.575 (3) (a), by the 30th day following the effective date of this subdivision .... [revisor inserts date], the department shall compile the fire department dues paid by all insurers under s. 601.93 and the dues paid by the state fire fund under s. 101.573 (1) and funds remaining under s. 101.573 (3) (b), subtract the total amount due to be paid under par. (a), withhold 0.5%, and certify to the state treasurer the proper amount to be paid from the appropriation under s. 20.143 (3) (L) to each city, village, and town entitled to a proportionate share of fire department dues as provided under sub. (1) (b) and s. 101.575. If the department has previously certified an amount to the state treasurer under s. 101.57 (3) (a) during calendar year 2002, the department shall recertify the amount in the manner provided under this subdivision. On or before August 1, 2002, the state treasurer shall pay the amounts certified or recertified by the department under this subdivision to each city, village, and town entitled to a proportionate share of fire department dues as provided under sub. (1) and s. 101.575. The state treasurer may combine any payment due under this subdivision with any amount due to be paid on or before August 1, 2002, to the same city, village, or town under par. (a).

AB1-ASA1-CA1,261,11 2. `Payments from dues for calendar years 2002 to 2004.' Notwithstanding s. 101.573 (3) (a) and except as otherwise provided in this subdivision, on or before May 1 in each year, the department shall compile the fire department dues paid by all insurers under s. 601.93 and the dues paid by the state fire fund under s. 101.573 (1) and funds remaining under s. 101.573 (3) (b), withhold 0.5% and certify to the state treasurer the proper amount to be paid from the appropriation under s. 20.143 (3) (L) to each city, village, and town entitled to a proportionate share of fire department dues as provided under sub. (1) (b) and s. 101.575. Annually, on or before August 1, the state treasurer shall pay the amounts certified by the department to each such city, village, and town. This paragraph applies only to payment of a proportionate share of fire department dues collected for calendar years 2002 to 2004.

AB1-ASA1-CA1,261,23 3. The amounts withheld under subds. 1. and 2. shall be disbursed to correct errors of the department or the commissioner of insurance. The department shall certify to the state treasurer the amount that must be disbursed to correct an error and the state treasurer shall pay the amount to the specified city, village, or town. The balance of the amount withheld in a calendar year under subds. 1. or 2., as applicable, which is not disbursed under this subdivision shall be included in the total compiled by the department under subd. 2. for the next calendar year, except that amounts withheld under subd. 2. from fire department dues collected for calendar year 2004 that are not disbursed under this subdivision shall be included in the total compiled by the department under s. 101.573 (3) (a) for the next calendar year. If errors in payments exceed the amount withheld, adjustments shall be made in the distribution for the next year.

AB1-ASA1-CA1,262,6 (3) Notices of ineligibility and departmental audits; exceptions. Except as otherwise provided in this subsection and notwithstanding s. 101.575 (1) (am) and (4) (a) 2., the department may not issue a notice of noncompliance with regard to a city, village, or town that fails to satisfy all eligibility requirements under s. 101.575 (1) and (3) to (5) and may not audit any city, village, town, or fire department for purposes of determining whether the city, village, town, or fire department complies with s. 101.575 (6) and s. 101.14 (2). This subsection does not apply after August 1, 2005.

AB1-ASA1-CA1, s. 269t Section 269t. 101.573 (4) of the statutes is amended to read:

AB1-ASA1-CA1,262,12 101.573 (4) The department shall transmit to the treasurer of each city, village, and town entitled to fire department dues, a statement of the amount of dues payable to it under this section, and the commissioner of insurance shall furnish to the state treasurer, upon request, a list of the insurers paying dues under s. 601.93 and the amount paid by each.".

AB1-ASA1-CA1,262,13 351. Page 156, line 20: after that line insert:

AB1-ASA1-CA1,262,14 " Section 269m. 101.175 (3) (intro.) of the statutes is amended to read:

AB1-ASA1-CA1,262,18 101.175 (3) (intro.) The department, in consultation with the department of agriculture, trade and consumer protection justice, shall establish by rule quality standards for local energy resource systems which do not impede development of innovative systems but which do:".

AB1-ASA1-CA1,262,19 352. Page 157, line 22: after that line insert:

AB1-ASA1-CA1,262,20 " Section 274m. 106.50 (5m) (d) of the statutes is amended to read:

AB1-ASA1-CA1,263,9 106.50 (5m) (d) Nothing in this section requires that housing be made available to an individual whose tenancy would constitute a direct threat to the safety of other tenants or persons employed on the property or whose tenancy would result in substantial physical damage to the property of others, if the risk of direct threat or damage cannot be eliminated or sufficiently reduced through reasonable accommodations. A claim that an individual's tenancy poses a direct threat or a substantial risk of harm or damage must be evidenced by behavior by the individual which that caused harm or damage, which that directly threatened harm or damage , or which that caused a reasonable fear of harm or damage to other tenants, persons employed on the property, or the property. No claim that an individual's tenancy would constitute a direct threat to the safety of other persons or would result in substantial damage to property may be based on the fact that a tenant has been or may be the victim of domestic abuse, as defined in s. 813.12 (1) (a) (am).".

AB1-ASA1-CA1,263,10 353. Page 157, line 22: after that line insert:

AB1-ASA1-CA1,263,11 " Section 274c. 103.49 (5) (a) of the statutes is amended to read:

AB1-ASA1-CA1,264,4 103.49 (5) (a) Each contractor, subcontractor, or contractor's or subcontractor's agent performing work on a project that is subject to this section shall keep full and accurate records clearly indicating the name and trade or occupation of every person performing the work described in sub. (2m) and an accurate record of the number of hours worked by each of those persons and the actual wages paid for the hours worked. If requested by any person, a contractor, subcontractor, or contractor's or subcontractor's agent performing work on a project that is subject to this section shall permit that person to inspect and copy any of those records to the same extent as if the record were maintained by the department, except that s. 19.36 (3) does not limit the duty of a subcontractor or a contractor's or subcontractor's agent to permit inspection and copying of a record under this paragraph. Before permitting the inspection and copying of a record under this paragraph, a contractor, subcontractor, or contractor's or subcontractor's agent shall delete from the record any personally identifiable information, as defined in s. 19.62 (5), contained in the record about any person performing the work described in sub. (2m) other than the trade or occupation of the person, the number of hours worked by the person, and the actual wages paid for those hours worked.

AB1-ASA1-CA1, s. 274cj Section 274cj. 103.50 (6m) of the statutes is created to read:

AB1-ASA1-CA1,264,22 103.50 (6m) Records; inspection. Each contractor, subcontractor, or contractor's or subcontractor's agent performing work on a project that is subject to this section shall keep full and accurate records clearly indicating the name and trade or occupation of every person performing the work described in sub. (2m) and an accurate record of the number of hours worked by each of those persons and the actual wages paid for the hours worked. If requested by any person, a contractor, subcontractor, or contractor's or subcontractor's agent performing work on a project that is subject to this section shall permit that person to inspect and copy any of those records to the same extent as if the record were maintained by the department, except that s. 19.36 (3) does not limit the duty of a subcontractor or a contractor's or subcontractor's agent to permit inspection and copying of a record under this subsection. Before permitting the inspection and copying of a record under this subsection, a contractor, subcontractor, or contractor's or subcontractor's agent shall delete from the record any personally identifiable information, as defined in s. 19.62 (5), contained in the record about any person performing the work described in sub. (2m) other than the trade or occupation of the person, the number of hours worked by the person, and the actual wages paid for those hours worked.".

AB1-ASA1-CA1,264,23 354. Page 157, line 22: after that line insert:

AB1-ASA1-CA1,264,24 " Section 274h. 103.67 (1) of the statutes is amended to read:

AB1-ASA1-CA1,265,6 103.67 (1) A minor 14 to 18 years of age shall may not be employed or permitted to work in any gainful occupation during the hours that the minor is required to attend school under s. 118.15 unless the minor has completed high school, except that any minor may be employed in a public exhibitions exhibition as provided in s. 103.78 and a minor 16 years of age or over may be employed as an election inspector as provided in s. 7.30 (2) (am).

AB1-ASA1-CA1, s. 274j Section 274j. 103.68 (1) of the statutes is amended to read:

AB1-ASA1-CA1,265,12 103.68 (1) No minor shall be employed or permitted to work at any gainful occupation other than domestic service or, farm labor, or service as an election inspector under s. 7.30 (2) (am) for more than 8 hours in any one day nor more than 40 hours nor more than 6 days in any one week, nor during such hours as the minor is required under s. 118.15 (2) to attend school.

AB1-ASA1-CA1, s. 274L Section 274L. 103.70 (2) of the statutes is amended to read:

AB1-ASA1-CA1,265,20 103.70 (2) Minors may be employed without permits in any employment limited to work in or around a home in work usual to the home of the employer, if the employment is not in connection with or a part of the business, trade , or profession of the employer, is in accordance with the minimum age stated in s. 103.67 (2) (d) (f), and is not specifically prohibited by ss. 103.64 to 103.82 or by any order of the department. Minors may also be employed without permits as election inspectors as provided in s. 7.30 (2) (am).".

AB1-ASA1-CA1,265,21 355. Page 158, line 12: delete lines 12 to 22.

AB1-ASA1-CA1,265,22 356. Page 159, line 9: after that line insert:

AB1-ASA1-CA1,265,23 " Section 279m. 115.28 (25) of the statutes is repealed.".

AB1-ASA1-CA1,265,24 357. Page 159, line 17: after that line insert:

AB1-ASA1-CA1,266,1 " Section 280m. 118.12 (4) of the statutes is created to read:

AB1-ASA1-CA1,266,7 118.12 (4) If a school board enters into a contract that grants to one vendor the exclusive right to sell soft drinks in one or more schools of the school district, the contract may not prohibit the sale of milk in any school and, to the maximum extent possible, the school board shall ensure that milk is available to pupils in each school covered by the contract whenever and wherever the soft drinks are available to pupils.".

AB1-ASA1-CA1,266,8 358. Page 159, line 17: after that line insert:

AB1-ASA1-CA1,266,10 " Section 280m. Subchapter VIII (title) of chapter 115 [precedes 115.997] of the statutes is created to read:

AB1-ASA1-CA1,266,11 Chapter 115

AB1-ASA1-CA1,266,14 Subchapter viii technology for educational achievement".

AB1-ASA1-CA1,266,15 359. Page 159, line 17: after that line insert:

AB1-ASA1-CA1,266,16 " Section 280p. 118.15 (3) (d) of the statutes is created to read:

AB1-ASA1-CA1,267,2 118.15 (3) (d) Any child excused in writing by his or her parent or guardian and by the principal of the school that the child attends for the purpose of serving as an election official under s. 7.30 (2) (am). A principal may not excuse a child under this paragraph unless the child has at least a 3.0 grade point average or the equivalent. The principal shall allow the child to take examinations and complete course work missed during the child's absences under this paragraph. The principal shall promptly notify the municipal clerk or the board of election commissioners of the municipality that appointed the child as an election official if the child ceases to be enrolled in school or if the child no longer has at least a 3.0 grade point average or the equivalent.".

AB1-ASA1-CA1,267,3 360. Page 161, line 11: after that line insert:

AB1-ASA1-CA1,267,4 " Section 284d. 120.18 (1) (i) of the statutes is amended to read:

AB1-ASA1-CA1,267,8 120.18 (1) (i) A description of the educational technology used by the school district, including the uses made of the technology, the cost of the technology and the number of persons using or served by the technology. In this paragraph, "educational technology" has the meaning given in s. 44.70 (3) 115.997 (3).".

AB1-ASA1-CA1,267,9 361. Page 162, line 9: delete lines 9 to 12.

AB1-ASA1-CA1,267,10 362. Page 163, line 7: after that line insert:

AB1-ASA1-CA1,267,12 " Section 287d. 121.15 (3m) (a) 2. of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1-ASA1-CA1,267,17 121.15 (3m) (a) 2. "State school aids" means those aids appropriated under s. 20.255 (1) (b) and (2), other than s. 20.255 (2) (fm), (fu), (k), and (m), and under ss. 20.275 (1) (d), 20.255 (4) (es), (et) and (f) and 20.285 (1) (ee), (r) and (rc) and those aids appropriated under s. 20.275 (1) 20.255 (4) (s) that are used to provide grants or educational telecommunications access to school districts under s. 44.73 115.9995.".

AB1-ASA1-CA1,267,18 363. Page 166, line 6: after that line insert:

AB1-ASA1-CA1,267,19 " Section 298n. 133.16 of the statutes is amended to read:

AB1-ASA1-CA1,268,20 133.16 Injunction; pleading; practice. Any circuit court may prevent or restrain, by injunction or otherwise, any violation of this chapter. The department of justice, any district attorney or any person by complaint may institute actions or proceedings to prevent or restrain a violation of this chapter, setting forth the cause and grounds for the intervention of the court and praying that such violation, whether intended or continuing be enjoined or prohibited. When the parties informed against or complained of have been served with a copy of the information or complaint and cited to answer it, the court shall proceed, as soon as may be in accordance with its rules, to the hearing and determination of the case; and pending the filing of the answer to such information or complaint may, at any time, upon proper notice, make such temporary restraining order or prohibition as is just. Whenever it appears to the court that the ends of justice require that other persons be made parties to the action or proceeding the court may cause them to be made parties in such manner as it directs. The party commencing or maintaining the action or proceeding may demand and recover the cost of suit including reasonable attorney fees. In an action commenced by the department of justice, the court may award the department of justice the reasonable and necessary costs of investigation and an amount reasonably necessary to remedy the harmful effects of the violation. The department of justice shall deposit in the state treasury for deposit in the general fund all moneys that the court awards to the department or the state under this section. Ten percent of the money deposited in the general fund that was awarded under this section for the costs of investigation and the costs of suit, including attorney fees, shall be credited to the appropriation account under s. 20.455 (1) (gh). Copies of all pleadings filed under this section shall be served on the department of justice.".

AB1-ASA1-CA1,268,21 364. Page 167, line 16: after that line insert:

AB1-ASA1-CA1,268,22 " Section 312m. 134.71 (12) of the statutes is amended to read:

AB1-ASA1-CA1,269,5 134.71 (12) Applications and forms. The department of agriculture, trade and consumer protection, in consultation with the department of justice, shall develop applications and other forms required under subs. (5) (intro.) and (8) (c). The department of agriculture, trade and consumer protection shall print a sufficient number of applications and forms to provide to counties and municipalities for distribution to pawnbrokers, secondhand article dealers and secondhand jewelry dealers at no cost.

AB1-ASA1-CA1, s. 314m Section 314m. 136.03 (title) of the statutes is amended to read:

AB1-ASA1-CA1,269,8 136.03 (title) Duties of the department of agriculture, trade and consumer protection justice.

AB1-ASA1-CA1, s. 314p Section 314p. 136.03 (1) (intro.) of the statutes is amended to read:

AB1-ASA1-CA1,269,15 136.03 (1) (intro.) The department of agriculture, trade and consumer protection of justice shall investigate violations of this chapter and of rules and orders issued under s. 136.04. The department of justice may subpoena persons and records to facilitate its investigations, and may enforce compliance with such subpoenas as provided in s. 885.12. The department of justice may in on behalf of the state:

AB1-ASA1-CA1, s. 314r Section 314r. 136.04 of the statutes is amended to read:

AB1-ASA1-CA1,269,20 136.04 Powers of the department of agriculture, trade and consumer protection justice. (1) The department of agriculture, trade and consumer protection justice may adopt such rules as may be required to carry out the purposes of this chapter.

AB1-ASA1-CA1,269,24 (2) The department of agriculture, trade and consumer protection justice after public hearing may issue general or special orders to carry out the purposes of this chapter and to determine and prohibit unfair trade practices in business or unfair methods of competition in business pursuant to s. 100.20 (2) to (4).".

AB1-ASA1-CA1,270,1 365. Page 167, line 16: after that line insert:

AB1-ASA1-CA1,270,2 " Section 303g. 134.74 of the statutes is created to read: