Amendment JR2 SA2-SSA1-AB1

AB1-SSA1-SA2, s. 336rh Section 336rh. 150.935 (4) (c) 1. of the statutes, as created by 2001 Wisconsin Act .... (this act), is amended to read:

AB1-SSA1-SA2,346,14 150.935 (4) (c) 1. Before January 1, 2003, engage Engage in upgrading renovation, as defined by rule by the department, except for routine maintenance or maintenance to eliminate a threat to the safety of patients, staff, or the general public that is due to a physical defect of the ambulatory surgery center.

AB1-SSA1-SA2, s. 336rL Section 336rL. 150.935 (7) of the statutes, as created by 2001 Wisconsin Act .... (this act), is amended to read:

AB1-SSA1-SA2,346,21 150.935 (7) The department may, under s. 50.35, revoke or suspend approval for a hospital that violates sub. (2) or fails to comply with sub. (3) or 2002 Wisconsin Act .... (this act), section 9123 (5qr), after giving reasonable notice, a fair hearing, and, if appropriate as determined by the department, a reasonable opportunity to comply.".

AB1-SSA1-SA2,346,22 391. Page 173, line 16: after that line insert:

AB1-SSA1-SA2,346,23 " Section 388nc. 160.257 of the statutes is created to read:

AB1-SSA1-SA2,347,2 160.257 Exceptions for aquifer storage and recovery systems. (1) In this section:

AB1-SSA1-SA2,347,4 (a) "Aquifer storage and recovery system" means all of the aquifer storage and recovery wells and related appurtenances that are part of a municipal water system.

AB1-SSA1-SA2,347,7 (b) "Aquifer storage and recovery well" means a well through which treated drinking water is placed underground for the purpose of storing and later recovering the water through the same well for use as drinking water.

AB1-SSA1-SA2,347,11 (c) "Municipal water system" means a community water system, as defined in s. 281.62 (1) (a), that is owned by a city, village, town, county, town sanitary district, utility district, public inland lake protection and rehabilitation district, or municipal water district, or by a privately owned water utility serving any of the foregoing.

AB1-SSA1-SA2,347,12 (d) "Specified substance" means one of the following:

AB1-SSA1-SA2,347,13 1. Chloroform.

AB1-SSA1-SA2,347,14 2. Bromodichloromethane.

AB1-SSA1-SA2,347,15 3. Dibromochloromethane.

AB1-SSA1-SA2,347,16 4. Bromoform.

AB1-SSA1-SA2,347,19 (e) "Treated drinking water" means potable water that has been treated so that it complies with the primary drinking water standards promulgated under ss. 280.11 and 281.17 (8).

AB1-SSA1-SA2,348,2 (2) Notwithstanding s. 160.19 (1) and (2), the department is not required to promulgate or amend rules that define design or management criteria for aquifer storage and recovery systems to minimize the amount of a specified substance in groundwater or to maintain compliance with the preventive action limit for a specified substance, however, the department shall promulgate rules that define design or management criteria for aquifer storage and recovery systems to maintain compliance with drinking water standards promulgated under ss. 280.11 and 281.17 (8).

AB1-SSA1-SA2,348,6 (3) Notwithstanding s. 160.21 (2), the point of standards application for an aquifer storage and recovery well with respect to a specified substance is 1,200 feet from the aquifer storage and recovery well and at any other well that is within 1,200 feet from the aquifer storage and recovery well.".

AB1-SSA1-SA2,348,7 392. Page 173, line 16: after that line insert:

AB1-SSA1-SA2,348,8 " Section 338r. 165.755 (1) (b) of the statutes is amended to read:

AB1-SSA1-SA2,348,13 165.755 (1) (b) A court may not impose the crime laboratories and drug law enforcement assessment under par. (a) for a violation of s. 101.123 (2) (a), (am) 1., (ar) or (bm) or (5) (b) or for a violation of a state law or municipal or county ordinance involving a nonmoving traffic violation, a headlamp violation under s. 347.065 (1), or a safety belt use violation under s. 347.48 (2m).".

AB1-SSA1-SA2,348,14 393. Page 173, line 16: after that line insert:

AB1-SSA1-SA2,348,15 " Section 338g. 165.065 (2) of the statutes is amended to read:

AB1-SSA1-SA2,348,23 165.065 (2) The assistant attorney general in charge of antitrust investigations and prosecutions is to cooperate actively with the antitrust division of the U.S. department of justice in everything that concerns monopolistic practices in Wisconsin, and also to cooperate actively with the department of agriculture, trade and consumer protection in the work which this agency is carrying on under s. 100.20 of the marketing law with regard to monopolistic practices in the field of agriculture and with the federal trade commission on matters arising in or affecting Wisconsin which pertain to its jurisdiction.

AB1-SSA1-SA2, s. 338m Section 338m. 165.25 (4) (ar) of the statutes, as affected by 2001 Wisconsin Act 16, section 2856b, is amended to read:

AB1-SSA1-SA2,349,11 165.25 (4) (ar) The department of justice shall furnish all legal services required by represent the department of agriculture, trade and consumer protection in any court action relating to the enforcement of ss. 100.171, 100.173, 100.174, 100.175, 100.177, 100.18, 100.182, 100.20, 100.205, 100.207, 100.209, 100.21, 100.28, 100.37, 100.42, 100.50 and 100.51 and chs. 126, 136, 344, 704, 707, and 779 ch. 126 and 100.01 to 100.03, 100.05 to 100.07, 100.14, 100.183 to 100.19, 100.201, 100.22, 100.235, 100.27, 100.285 to 100.297, 100.33 to 100.36, 100.45, 100.47, and 100.48, together with any other services as are necessarily connected to the legal services.

AB1-SSA1-SA2, s. 338r Section 338r. 165.25 (11) of the statutes is created to read:

AB1-SSA1-SA2,349,17 165.25 (11) Consumer protection administration and enforcement. Administer and enforce ss. 100.15 to 100.182, 100.20, 100.205, 100.207 to 100.2095, 100.28, 100.31, 100.37 to 100.44, 100.46, 100.50, and 100.52 and chs. 136, 344, 704, 707, and 779. The department may issue general or special orders in administering and enforcing these provisions.".

AB1-SSA1-SA2,349,18 394. Page 173, line 16: after that line insert:

AB1-SSA1-SA2,349,20 " Section 338dg. 165.055 (1) of the statutes is renumbered 165.055 and amended to read:

AB1-SSA1-SA2,350,2 165.055 Appointments. The attorney general may appoint a deputy attorney general and assistants assistant attorneys general, each of whom shall be an attorney at law admitted to practice in this state. Such appointments shall be made in writing and filed in the office of the secretary of state, and such appointees shall take and subscribe the constitutional oath of office which shall also be filed. Appointees shall perform such duties as the attorney general prescribes.

AB1-SSA1-SA2, s. 338dh Section 338dh. 165.055 (2) of the statutes is repealed.

AB1-SSA1-SA2, s. 338di Section 338di. 165.055 (4) of the statutes is repealed.".

AB1-SSA1-SA2,350,5 395. Page 176, line 3: after that line insert:

AB1-SSA1-SA2,350,6 " Section 340e. 166.08 (4) (a) of the statutes is amended to read:

AB1-SSA1-SA2,350,16 166.08 (4) (a) All state officers, subject to such regulations as the governor, or other official authorized under the constitution or this section to exercise the powers and discharge the duties of the office of governor, may issue, shall , in addition to any deputy authorized to exercise all of the powers and discharge the duties of the office, designate by title emergency interim successors and specify their order of succession. The officer shall review and revise, as necessary, designations made pursuant to this section to ensure their current status. The officer shall designate a sufficient number of emergency interim successors so that there will be not less than 3 nor more than 7 deputies or emergency interim successors or any combination of deputies or emergency interim successors, at any time.

AB1-SSA1-SA2, s. 340m Section 340m. 166.08 (4) (b) (intro.) of the statutes is amended to read:

AB1-SSA1-SA2,350,23 166.08 (4) (b) (intro.) If any state officer is unavailable following an attack, and if his or her deputy, if any, is also unavailable, the powers of his or her office shall be exercised and the duties of his or her office shall be discharged by his or her designated emergency interim successors in the order specified. The emergency interim successor shall exercise the powers and discharge the duties of the office only until any of the following occurs:

AB1-SSA1-SA2, s. 340r Section 340r. 166.08 (4) (b) 3. of the statutes is amended to read:

AB1-SSA1-SA2,351,3 166.08 (4) (b) 3. An officer, the officer's deputy or a preceding named emergency interim successor becomes available to exercise, or resume the exercise of, the powers and discharge the duties of the office.".

AB1-SSA1-SA2,351,4 396. Page 176, line 20: after that line insert:

AB1-SSA1-SA2,351,5 " Section 342pb. 174.001 (2j) of the statutes is created to read:

AB1-SSA1-SA2,351,9 174.001 (2j) "Intergovernmental commission" means an intergovernmental commission formed by contract under s. 66.0301 (2) by all of the municipalities in a county with a population of 500,000 or more for the purpose of providing animal control services.

AB1-SSA1-SA2, s. 342pd Section 342pd. 174.052 of the statutes is amended to read:

AB1-SSA1-SA2,351,16 174.052 Publication of the dog license requirement and rabies vaccination requirement. (1) January notice. The Except as provided in sub. (3), the county board of each county shall cause a class 1 notice under ch. 985 to be published between January 1 and January 15 of each year in a newspaper having general circulation in the county notifying the public that rabies vaccinations and dog licenses are required under the statutes.

AB1-SSA1-SA2,351,21 (2) March notice. The Except as provided in sub. (3), the county board of each county shall cause a class 1 notice under ch. 985 to be published between March 1 and March 15 of each year in a newspaper having general circulation in the county notifying the public that rabies vaccinations and dog licenses are required under the statutes and that late fees may be assessed after April 1.

AB1-SSA1-SA2, s. 342pf Section 342pf. 174.052 (3) of the statutes is created to read:

AB1-SSA1-SA2,352,3 174.052 (3) Notice in certain populous counties. In a county in which an agreement under s. 174.10 (2) is in effect, the intergovernmental commission shall cause the notices under subs. (1) and (2) to be published.

AB1-SSA1-SA2, s. 342ph Section 342ph. 174.06 (3) of the statutes is renumbered 174.06 (3) (a) and amended to read:

AB1-SSA1-SA2,352,13 174.06 (3) (a) A Except as provided in par. (b), a listing official who is not a full-time, salaried municipal employee shall receive as compensation 50 cents for each dog listed, or a greater amount established by the county board by ordinance or resolution, to be audited and allowed by the county board as other claims against the county and to be paid out of the dog license fund. A listing official who is a full-time, salaried municipal employee shall receive this compensation from the county board but shall be required to pay the compensation into the town, village, or city treasury.

AB1-SSA1-SA2, s. 342pj Section 342pj. 174.06 (3) (b) of the statutes is created to read:

AB1-SSA1-SA2,352,17 174.06 (3) (b) In a county in which an agreement under s. 174.10 (2) is in effect, the intergovernmental commission shall pay the compensation required under par. (a).

AB1-SSA1-SA2, s. 342L Section 342L. 174.065 (1) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1-SSA1-SA2,353,5 174.065 (1) Collecting official. The collecting official is any city, village, or town treasurer or other tax collecting officer or any person deputized by the treasurer or tax collecting official, unless the common council or village or town board provides by ordinance or resolution for the appointment of a different person. Veterinarians and humane societies may voluntarily become collecting officials for a city, village, or town if the governing body of the city, village, or town by resolution or ordinance provides that veterinarians and humane societies may be collecting officials for the city, village, or town. In a county in which an agreement under s. 174.10 (2) is in effect, the intergovernmental commission is also a collecting official for a city, village, or town if the governing body of the city, village, or town by resolution or ordinance provides that the intergovernmental commission is a collecting official.

AB1-SSA1-SA2, s. 342pn Section 342pn. 174.07 (2) (e) of the statutes is created to read:

AB1-SSA1-SA2,353,8 174.07 (2) (e) Notwithstanding pars. (a) to (d), in a county in which an agreement under s. 174.10 (2) is in effect, all of the following apply:

AB1-SSA1-SA2,353,10 1. The department shall provide tags and, upon request, license blanks to the intergovernmental commission, rather than to the county clerk.

AB1-SSA1-SA2,353,12 2. The intergovernmental commission shall pay the costs out of the dog license fund.

AB1-SSA1-SA2,353,14 3. The intergovernmental commission shall distribute tags and license blanks to the other collecting officials.

AB1-SSA1-SA2, s. 342pp Section 342pp. 174.07 (3) (b) of the statutes is amended to read:

AB1-SSA1-SA2,353,24 174.07 (3) (b) Return of tags and licenses. The Except as provided in par. (bm), the collecting official shall annually by December 31 return to the county clerk all unused tags of the current license year, together with license books and all duplicate licenses of the current year. The county clerk shall carefully check the returned tags, duplicate licenses, and license blanks to ascertain whether all tags and license blanks which were furnished by the county clerk have been accounted for, and to. To enable the county clerk to do that, the county clerk shall charge each collecting official with all tags and blank licenses furnished or delivered and credit those returned. In case of discrepancy, the county clerk shall notify the department.

AB1-SSA1-SA2, s. 342pr Section 342pr. 174.07 (3) (bm) of the statutes is created to read:

AB1-SSA1-SA2,354,4 174.07 (3) (bm) Certain populous counties. In a county in which an agreement under s. 174.10 (2) is in effect, a collecting official who is not the intergovernmental commission shall return unused tags, license books, and duplicate licenses to the intergovernmental commission.

AB1-SSA1-SA2, s. 342pt Section 342pt. 174.08 of the statutes is renumbered 174.08 (1) and amended to read:

AB1-SSA1-SA2,354,14 174.08 (1) Every Except as provided in sub. (2), every collecting official shall pay all dog license taxes to the town, village, or city treasurer or other tax collecting officer who shall deduct any additional tax which that may have been levied by the municipal governing body and pay the remainder to the county treasurer at the time settlement is made with the county treasurer for collections of personal property taxes, and shall at the same time report in writing to the county clerk the licenses issued. The report shall be in the form prescribed by the department, and the forms shall be furnished by the county clerks.

AB1-SSA1-SA2, s. 342pv Section 342pv. 174.08 (2) of the statutes is created to read:

AB1-SSA1-SA2,354,19 174.08 (2) In a county in which an agreement under s. 174.10 (2) is in effect, a collecting official who is not the intergovernmental commission shall pay all dog license taxes to the intergovernmental commission and shall report the licenses issued to the intergovernmental commission.

AB1-SSA1-SA2, s. 342px Section 342px. 174.09 of the statutes is amended to read:

AB1-SSA1-SA2,355,2 174.09 Dog license fund; how disposed of and accounted for. (1) The Except as provided in sub. (3), the dog license taxes so paid to the county treasurer shall be kept in a separate account and shall be known as the "dog license fund" and shall be appropriated and disbursed for the purposes and in the manner following: Within 30 days after receipt of the same, the county treasurer shall pay into the state treasury 5% of the minimum tax as provided for under s. 174.05 (2) of all dog license taxes which shall have been received by the county treasurer.

AB1-SSA1-SA2,355,18 (2) Expenses Except as provided in sub. (3), expenses necessarily incurred by the county in purchasing and providing books, forms, and other supplies required in the administering of the dog license law, expenses incurred by the county under s. 95.21 (4) (b) and (8) and expenses incurred by the county pound or by a humane society or other organization designated to provide a pound for collecting, caring for, and disposing of dogs may be paid out of the dog license fund. The amount remaining in the fund after deducting these expenses shall be available for and may be used as far as necessary for paying claims allowed by the county to the owners of domestic animals because of damages done by dogs during the license year for which the taxes were paid. Any surplus in excess of $1,000 which may remain from the dog license taxes of any license year shall on March 1 of the succeeding year be paid by the county treasurer to the county humane society or other organization designated by the county board to provide a pound. If there is no humane society or other organization designated to provide a pound, these funds shall be paid to the towns, villages, and cities of the county for their use in the proportion in which the towns, villages, and cities contributed to the fund out of which the surplus arises.

AB1-SSA1-SA2, s. 342pz Section 342pz. 174.09 (3) of the statutes is created to read:

AB1-SSA1-SA2,356,6 174.09 (3) In a county in which an agreement under s. 174.10 (2) is in effect, the intergovernmental commission shall maintain the dog license fund, consisting of the dog license taxes and late fees. The intergovernmental commission shall pay 5% of the minimum dog license tax provided for under s. 174.05 (2) to the department and shall expend the remainder of the dog license fund for the purposes of administering the dog license law, providing a pound for dogs, and paying claims allowed under s. 174.11. If on March 1 there is remaining in the dog license fund a surplus from the dog license taxes of the previous license year that exceeds 5% of the dog license taxes collected in that license year, the intergovernmental commission shall return the excess to the towns, villages, and cities of the county in the proportion in which the towns, villages, and cities contributed to the fund in that license year.

AB1-SSA1-SA2, s. 342qb Section 342qb. 174.10 of the statutes is created to read:

AB1-SSA1-SA2,356,9 174.10 Dog licensing in populous counties. (1) In this section, "municipality" means a city, village, or town.

AB1-SSA1-SA2,356,15 (2) If all of the municipalities in a county with a population of 500,000 or more form an intergovernmental commission by contract under s. 66.0301 (2) for the purpose of providing animal control services, the county and the intergovernmental commission may enter into an agreement under which the intergovernmental commission assumes the county's responsibility for activities related to dog licensing.

AB1-SSA1-SA2,356,18 (3) If a county and an intergovernmental commission enter into an agreement under sub. (2), the intergovernmental commission shall provide a copy of the agreement to the department.

AB1-SSA1-SA2, s. 342qd Section 342qd. 174.11 (1) of the statutes is amended to read:

AB1-SSA1-SA2,357,10 174.11 (1) The owner of any domestic animal, including a ranch mink, when it is proven that a dog forcibly entered an enclosure in which the mink was kept, which is attacked, chased, injured, or killed by a dog may, within 3 days after the owner has knowledge or notice thereof, file a written claim for damages with the clerk of the town, village, or city in which the damage occurred or, if it occurred in a town or village, with the chairperson of such town or the president of such village. The form of the claim may be prescribed by the department of agriculture, trade and consumer protection. Upon presentation of a claim the supervisors of the town, the board of trustees of the village, or the common council of the city, or a committee appointed for that purpose by the supervisors, the board of trustees , or the common council shall promptly investigate the claim and may subpoena witnesses, administer oaths, and take testimony relative to the claim and shall within 30 days after the filing of the claim make, certify, and return to the county clerk or, in a county in which an agreement under s. 174.10 (2) is in effect, to the intergovernmental commission the claim, a report of the investigation, the testimony taken, and the amount of damages suffered by the owner of the domestic animal.

AB1-SSA1-SA2, s. 342qf Section 342qf. 174.11 (2) of the statutes is renumbered 174.11 (2) (a) and amended to read:

AB1-SSA1-SA2,357,16 174.11 (2) (a) The form of the report and certification under sub. (1) may be prescribed by the department of agriculture, trade and consumer protection, and shall be subscribed by the supervisors, board, or committee making the report and certification. The

AB1-SSA1-SA2,357,24 (b) Except as provided in par. (c), the county clerk shall submit to the county board at its first meeting, following the receipt of any such claim, all claims filed and reported, and the claims shall be acted upon and determined by the county board as other claims are determined and acted upon. The Except as provided in par. (c), the amount of damages filed and reported to the county clerk shall be prima facie proof of the actual damages sustained, but evidence may be taken before the county board relative to the claims as in other cases, and appeals from the action of the county board shall lie as in other cases.

AB1-SSA1-SA2,358,3 (d) On appeal from the action of the county board or, in a county in which an agreement under s. 174.10 (2) is in effect, from the action of the intergovernmental commission, the trial shall be by the court without a jury.

AB1-SSA1-SA2, s. 342qh Section 342qh. 174.11 (2) (c) of the statutes is created to read:

AB1-SSA1-SA2,358,7 174.11 (2) (c) In a county in which an agreement under s. 174.10 (2) is in effect, the intergovernmental commission shall act upon and determine all claims filed and reported under sub. (1).

AB1-SSA1-SA2, s. 342qj Section 342qj. 174.11 (4) of the statutes is amended to read:

AB1-SSA1-SA2,358,19 174.11 (4) Subject to sub. (5), the county board or, in a county in which an agreement under s. 174.10 (2) is in effect, the intergovernmental commission shall allow, as the amount of a claim for a domestic animal, including a ranch mink, killed by a dog, the amount determined to be the fair market value of the domestic animal, including a ranch mink, on the date the death occurred. Subject to sub. (5), the county board or, in a county in which an agreement under s. 174.10 (2) is in effect, the intergovernmental commission shall allow, as the amount of a claim for a domestic animal, including a ranch mink, injured by a dog, the amount determined to be the total of the costs resulting from the injury including a loss in fair market value but the total amount of the claim may not exceed the fair market value. No claim may be paid to any person who has failed to pay a dog tax on an assessable dog.

AB1-SSA1-SA2, s. 342qL Section 342qL. 174.12 (1) of the statutes is amended to read:

AB1-SSA1-SA2,359,9 174.12 (1) The allowance by the a county of any claim for damages done by dogs shall work constitutes an assignment to the county of the cause of the action of the claimant for which the claim is filed, and the county may sue and recover from the owner of the dog or dogs doing the damages the full amount thereof and which shall not be limited to the sum paid the claimant by the county. The allowance under s. 174.11 (2) (c) by an intergovernmental commission of any claim for damages done by dogs constitutes an assignment to the intergovernmental commission of the cause of the action of the claimant for which the claim is filed, and the intergovernmental commission may sue and recover from the owner of the dog or dogs doing the damages the full amount thereof and which shall not be limited to the sum paid the claimant by the intergovernmental commission. Before any claim shall be allowed by the a county or an intergovernmental commission on account of damages done by dogs, the claimant shall furnish satisfactory proof that the damage was not done in whole or in part by any dog owned, kept, or harbored by the claimant.

AB1-SSA1-SA2, s. 342qn Section 342qn. 174.12 (2) of the statutes is amended to read: