Amendment JR2 SA2-SSA1-AB1

AB1-SSA1-SA2, s. 259ei Section 259ei. 92.04 (2) (e) of the statutes is amended to read:

AB1-SSA1-SA2,247,17 92.04 (2) (e) Review joint evaluation plan. The board shall review the evaluation plan prepared under s. 92.14 (13). After its review, the board shall make recommendations on the plan to the department and to the department of natural resources.

AB1-SSA1-SA2, s. 259ek Section 259ek. 92.05 (1) of the statutes is amended to read:

AB1-SSA1-SA2,248,2 92.05 (1) Central agency. The department is the central agency of this state responsible for setting and implementing statewide soil and water conservation policies and administering the state's soil and water conservation programs. The department shall coordinate its soil and water conservation program with the nonpoint source water pollution abatement program established under s. 281.65, the inland lake protection and rehabilitation program established under ch. 33 and other programs with objectives related to soil and water conservation administered by the department of natural resources or by other state or federal agencies.

AB1-SSA1-SA2, s. 259en Section 259en. 92.05 (3) (f) of the statutes is repealed.

AB1-SSA1-SA2, s. 259ep Section 259ep. 92.05 (3) (L) of the statutes is amended to read:

AB1-SSA1-SA2,248,11 92.05 (3) (L) Technical assistance; performance standards. The department shall provide technical assistance to county land conservation committees and local units of government for the development of ordinances that implement standards adopted under s. 92.07 (2), 92.105 (1), 92.15 (2) or (3) or 281.16 (3). The department's technical assistance shall include preparing model ordinances, providing data concerning the standards and reviewing draft ordinances to determine whether the draft ordinances comply with applicable statutes and rules.

AB1-SSA1-SA2, s. 259fd Section 259fd. 92.10 (1) of the statutes is amended to read:

AB1-SSA1-SA2,248,16 92.10 (1) Creation. There is created a land and water resource management planning program. The department, board and land conservation committees jointly shall develop and administer this program. The department shall consult with the University of Wisconsin-Extension about the administration of this program.

AB1-SSA1-SA2, s. 259fi Section 259fi. 92.10 (4) (c) of the statutes is renumbered 92.10 (7) and amended to read:

AB1-SSA1-SA2,248,21 92.10 (7) Plan assistance. The department University of Wisconsin-Extension shall assist land conservation committees in preparing land and water resource management plans.

AB1-SSA1-SA2, s. 259fn Section 259fn. 92.10 (5) (b) of the statutes is amended to read:

AB1-SSA1-SA2,248,25 92.10 (5) (b) Solicit comments. The board shall solicit comments on land conservation committee plans from the agencies identified as advisers to the board under s. 15.135 15.345 (4).

AB1-SSA1-SA2, s. 259fp Section 259fp. 92.10 (6) (a) 1. of the statutes is amended to read:

AB1-SSA1-SA2,249,4 92.10 (6) (a) 1. Includes an assessment of water quality and soil erosion conditions throughout the county, including any assessment available from the department of natural resources.

AB1-SSA1-SA2, s. 259ft Section 259ft. 92.10 (8) of the statutes is amended to read:

AB1-SSA1-SA2,249,10 92.10 (8) Duties of the department of natural resources. The department of natural resources shall provide counties with assistance in land and water resource management planning, including providing available water quality data and information, providing training and support for water resource assessments and appraisals and providing related program information.

AB1-SSA1-SA2, s. 259hc Section 259hc. 92.14 (2) (j) of the statutes is repealed.

AB1-SSA1-SA2, s. 259he Section 259he. 92.14 (3) (intro.) of the statutes is amended to read:

AB1-SSA1-SA2,249,21 92.14 (3) Basic allocations to counties. (intro.) To help counties fund their land and water conservation activities, the department shall award an annual grant from the appropriation under s. 20.115 (7) (c) 20.370 (6) (ac) or (qd) (as) or s. 20.866 (2) (we) to any county land conservation committee that has a land and water resource management plan approved by the department under s. 92.10 (4) (d), and that, by county board action, has resolved to provide any matching funds required under sub. (5g). The county may use the grant for land and water resource management planning and for any of the following purposes, consistent with the approved land and water resource management plan:

AB1-SSA1-SA2, s. 259hg Section 259hg. 92.14 (6) (b) of the statutes is amended to read:

AB1-SSA1-SA2,250,5 92.14 (6) (b) The department and the department of natural resources shall prepare an annual grant allocation plan identifying the amounts to be provided to counties under this section and ss. 281.65 and 281.66. In the allocation plan, the departments department shall attempt to provide funding under this section for an average of 3 staff persons per county with full funding for the first staff person, 70% funding for the 2nd staff person and 50% funding for any additional staff persons and to provide an average of $100,000 per county for cost-sharing grants. The department shall submit that plan to the board.

AB1-SSA1-SA2, s. 259hi Section 259hi. 92.14 (6) (d) of the statutes is amended to read:

AB1-SSA1-SA2,250,10 92.14 (6) (d) The board shall review the annual allocation plan submitted to it under par. (b) and make recommendations to the department of agriculture, trade and consumer protection and the department of natural resources on approval, modification or disapproval of the plan.

AB1-SSA1-SA2, s. 259hk Section 259hk. 92.14 (6) (h) 3. of the statutes is amended to read:

AB1-SSA1-SA2,250,13 92.14 (6) (h) 3. Nothing in this paragraph affects the authority of the department of natural resources to act under ch. 283.

AB1-SSA1-SA2, s. 259hm Section 259hm. 92.14 (6) (m) of the statutes is amended to read:

AB1-SSA1-SA2,250,18 92.14 (6) (m) The department of agriculture, trade and consumer protection and the department of natural resources and the University of Wisconsin-Extension shall assist counties in conducting the activities for which grants under sub. (3) may be used.

AB1-SSA1-SA2, s. 259hn Section 259hn. 92.14 (6) (n) of the statutes is created to read:

AB1-SSA1-SA2,250,21 92.14 (6) (n) The University of Wisconsin-Extension shall assist the department in the administration of the program under this section.

AB1-SSA1-SA2, s. 259hp Section 259hp. 92.14 (8) of the statutes is amended to read:

AB1-SSA1-SA2,250,25 92.14 (8) Rules. In consultation with the department of natural resources, the The department shall promulgate rules to administer this section and the department's duties under s. 281.65.

AB1-SSA1-SA2, s. 259hq Section 259hq. 92.14 (12) of the statutes is amended to read:

AB1-SSA1-SA2,251,4 92.14 (12) Annual report. Annually, the department, in cooperation with the department of natural resources, shall submit a report on the progress of the program under this section and s. 281.65 to the board.

AB1-SSA1-SA2, s. 259hr Section 259hr. 92.14 (13) of the statutes is amended to read:

AB1-SSA1-SA2,251,13 92.14 (13) Evaluation plan. The department, jointly with the department of natural resources, shall prepare a plan, which includes water quality monitoring and analysis, for evaluating the program administered under this section and s. 281.65 and submit the plan to the board. The board shall make recommendations to the department and the department of natural resources on the plan. The department shall review and approve or disapprove decide whether to modify the plan and shall notify the board of its final action on the plan. The department shall implement any part of the plan for which the plan gives it responsibility.

AB1-SSA1-SA2, s. 259ht Section 259ht. 92.14 (14) of the statutes is amended to read:

AB1-SSA1-SA2,251,21 92.14 (14) Application, allocation, reporting and evaluation. The department, jointly with the department of natural resources, shall develop a single set of grant application, reporting and evaluation forms for use by counties receiving grants under this section and ss. 281.65 and 281.66. The department , jointly with the department of natural resources, shall implement a single process for grant application, funding allocation, reporting and evaluation for counties receiving grants under this section and ss. 281.65 and 281.66.

AB1-SSA1-SA2, s. 259hv Section 259hv. 92.14 (14m) of the statutes is amended to read:

AB1-SSA1-SA2,252,2 92.14 (14m) Coordination. The department of agriculture, trade and consumer protection and the department of natural resources, jointly, shall review applications from counties for grants under sub. (5r) and, for projects and activities selected to receive funding shall determine whether to provide funding under this section or under s. 281.65 or 281.66.

AB1-SSA1-SA2, s. 259hw Section 259hw. 92.14 (15) of the statutes is repealed.

AB1-SSA1-SA2, s. 259hx Section 259hx. 92.15 of the statutes is renumbered 93.38.

AB1-SSA1-SA2, s. 259ic Section 259ic. 92.18 (4) of the statutes is repealed.

AB1-SSA1-SA2, s. 259id Section 259id. 92.18 (5) of the statutes is amended to read:

AB1-SSA1-SA2,252,9 92.18 (5) Any training required under this section may be conducted by the department or the department of natural resources or by another person with the approval of the department.".

AB1-SSA1-SA2,252,10 332. Page 154, line 4: after that line insert:

AB1-SSA1-SA2,252,11 " Section 259p. 93.01 (1m) of the statutes is amended to read:

AB1-SSA1-SA2,252,20 93.01 (1m) "Business" includes any business, except that of banks, savings banks, credit unions, savings and loan associations , and insurance companies. "Business" includes public utilities and telecommunications carriers to the extent that their activities, beyond registration, notice, and reporting activities, are not regulated by the public service commission and includes public utility and telecommunications carrier methods of competition or trade and advertising practices that are exempt from regulation by the public service commission under s. 196.195, 196.196, 196.202, 196.203, 196.219, or 196.499 or by other action of the commission.".

AB1-SSA1-SA2,252,21 333. Page 154, line 4: after that line insert:

AB1-SSA1-SA2,252,22 " Section 259m. 93.01 (1r) of the statutes is created to read:

AB1-SSA1-SA2,253,3 93.01 (1r) "Civil investigative demand" means a written document prepared by the department that is related to the enforcement of chs. 93 to 100 and that orders a person to do any of the following:

AB1-SSA1-SA2,253,5 (a) Provide originals or copies of documents, records, or reports in the person's custody.

AB1-SSA1-SA2,253,7 (b) Answer specific questions submitted by the department in the form of written depositions, interrogatories, or requests for admissions.

AB1-SSA1-SA2,253,9 (c) Allow employees of the department to review and copy documents, records, or reports in the person's custody.".

AB1-SSA1-SA2,253,10 334. Page 154, line 4: after that line insert:

AB1-SSA1-SA2,253,11 " Section 259d. 93.07 (1) of the statutes is amended to read:

AB1-SSA1-SA2,253,17 93.07 (1) Regulations. To make and enforce such regulations, not inconsistent with law, as it may deem necessary for the exercise and discharge of all the powers and duties of the department, and to adopt such measures and make such regulations as are necessary and proper for the enforcement by the state of department to carry out its duties and powers under chs. 93 to 100, which regulations shall have the force of law.".

AB1-SSA1-SA2,253,18 335. Page 154, line 4: after that line insert:

AB1-SSA1-SA2,253,19 " Section 259c. 93.02 of the statutes is amended to read:

AB1-SSA1-SA2,254,2 93.02 Staff. The secretary shall appoint all staff necessary for the carrying out of the duties of the department, all of whom shall be under the classified service except the deputy secretary, the executive assistant and, subject to s. 230.08 (4) (a), the administrators of divisions. Each such deputy secretary, executive assistant or. Any administrator shall be appointed by the secretary with the approval of the board.".

AB1-SSA1-SA2,254,3 336. Page 154, line 17: after that line insert:

AB1-SSA1-SA2,254,4 " Section 259u. 93.14 (1m) of the statutes is created to read:

AB1-SSA1-SA2,254,7 93.14 (1m) (a) Any person who has been served with a department complaint, notice, order, or other process as authorized in s. 93.18 (5) shall be subject to the department's authority and jurisdiction, as limited by par. (b).

AB1-SSA1-SA2,254,9 (b) The department's jurisdiction may not exceed the jurisdiction granted to courts under s. 815.05.

AB1-SSA1-SA2, s. 259v Section 259v. 93.14 (3) of the statutes is amended to read:

AB1-SSA1-SA2,254,13 93.14 (3) Any person who shall unlawfully fail to attend as a witness, fail to comply with a subpoena, order, or civil investigative demand, or refuse to testify may be coerced as provided in s. 885.12.

AB1-SSA1-SA2, s. 259w Section 259w. 93.15 (1) of the statutes is amended to read:

AB1-SSA1-SA2,254,19 93.15 (1) The department may, by general or special order, require persons engaged in business to file with the department, at such time and in such manner as the department may direct, sworn or unsworn reports or sworn or unsworn answers in writing to specific questions, as to any matter which the department may investigate.

AB1-SSA1-SA2, s. 259x Section 259x. 93.15 (2) of the statutes is amended to read:

AB1-SSA1-SA2,255,2 93.15 (2) The department or any of its authorized agents may have access to and may copy any document, or any part thereof, which of a document, that is in the possession or under the control of any person engaged in business, if such the document, or such part thereof of the document, is relevant to any matter which that the department may investigate.".

AB1-SSA1-SA2,255,3 337. Page 154, line 17: after that line insert:

AB1-SSA1-SA2,255,4 " Section 259sd. 93.07 (23) of the statutes is created to read:

AB1-SSA1-SA2,255,9 93.07 (23) Consumer protection administration. To administer ss. 100.01 to 100.03, 100.05 to 100.07, 100.14, 100.183 to 100.19, 100.201, 100.206, 100.208, 100.21, 100.22, 100.235, 100.265, 100.27, 100.285 to 100.297, 100.30, 100.33 to 100.36, 100.45, 100.47, 100.48, and 100.51 and to enforce ss. 100.206, 100.21, 100.30, and 100.51.

AB1-SSA1-SA2, s. 259se Section 259se. 93.07 (24) of the statutes is amended to read:

AB1-SSA1-SA2,255,12 93.07 (24) Enforcement of laws. To enforce or assist in the enforcement of chs. 88 and 93 to 100 and all other laws entrusted to its administration, and especially:

AB1-SSA1-SA2,255,15 (a) To enforce the laws administered by the department regarding the production, manufacture and sale, offering or exposing for sale or having in possession with intent to sell, of any dairy, food or drug product.

AB1-SSA1-SA2,255,17 (b) To enforce the laws administered by the department regarding the adulteration or misbranding of any articles of food, drink, condiment or drug.

AB1-SSA1-SA2,255,22 (c) To inspect any milk, butter, cheese, lard, syrup, coffee, tea or other article of food, drink, condiment or drug made or offered for sale within this state which it may suspect or have reason to believe, under the laws administered by the department, to be impure, unhealthful, misbranded, adulterated or counterfeit, or in any way unlawful.

AB1-SSA1-SA2,256,3 (d) To prosecute or cause to be prosecuted, under the laws administered by the department, any person engaged in the manufacture or sale, offering or exposing for sale or having in possession with intent to sell, of any adulterated dairy product or of any adulterated, misbranded, counterfeit, or otherwise unlawful article or articles of food, drink, condiment or drug.

AB1-SSA1-SA2, s. 259sf Section 259sf. 93.18 (3) of the statutes is amended to read:

AB1-SSA1-SA2,256,16 93.18 (3) The department of justice, after acting pursuant to s. 100.37 or 100.41 to 100.43 to order the sale or distribution of any substance, article, furnishing, fabric, product or related material ceased, shall give written notice of its finding to the manufacturer, seller or other person responsible for placing the item in the channels of trade in this state. After such notice no person may sell, remove or otherwise dispose of such item except as directed by the department. Any person affected by such notice may demand a prompt hearing to determine the validity of the department's findings. The hearing, if requested, shall be held as expeditiously as possible but not later than 30 days after notice. A request for hearing does not operate to stay enforcement of the order during the pendency of the hearing. The person petitioning for a hearing shall be entitled to the same rights specified under sub. (2).

AB1-SSA1-SA2, s. 259sh Section 259sh. 93.18 (7) of the statutes is created to read:

AB1-SSA1-SA2,256,20 93.18 (7) The department of justice shall follow the procedures under subs. (1), (2), (4), (5), and (6) in enforcing the provisions of ch. 100 that are administered by the department of justice.

AB1-SSA1-SA2, s. 259sj Section 259sj. 93.20 (1) of the statutes is amended to read:

AB1-SSA1-SA2,256,25 93.20 (1) Definition. In this section, "action" means an action that is commenced in court by, or on behalf of, the department of agriculture, trade and consumer protection to enforce chs. 88, 91 to 100 or 127 or an action that is commenced in court by the department of justice to enforce ch. 100.

AB1-SSA1-SA2, s. 259sm Section 259sm. 93.22 (1) of the statutes is amended to read:

AB1-SSA1-SA2,257,3 93.22 (1) In cases arising under chs. 88 and 93 to 100 99 and ss. 100.206, 100.21, 100.30, and 100.51, the department may be represented by its attorney.

AB1-SSA1-SA2, s. 259sp Section 259sp. 93.22 (2) of the statutes is amended to read:

AB1-SSA1-SA2,257,8 93.22 (2) The department may, with the approval of the governor, appoint special counsel to prosecute or assist in the prosecution of any case arising under chs. 88 and 93 to 100 99 and ss. 100.206, 100.21, 100.30, and 100.51. The cost of such special counsel shall be charged to the appropriation for the department.".