SB55-ASA1, s. 1289 18Section 1289. 93.47 (2) of the statutes is amended to read:
SB55-ASA1,883,2319 93.47 (2) The department may award grants from the appropriation accounts
20under s. 20.115 (4) (c) and (i) (8) (g) to individuals or organizations to fund
21demonstration projects designed to encourage the use of sustainable agriculture.
22The department shall promulgate rules to govern the sustainable agriculture grant
23program under this section.
SB55-ASA1, s. 1290 24Section 1290. 93.48 of the statutes is repealed.
SB55-ASA1, s. 2395t 25Section 2395t. 94.715 of the statutes is created to read:
SB55-ASA1,884,1
194.715 Pest management for schools. (1) Definitions. In this section:
SB55-ASA1,884,22 (a) "Active ingredient" has the meaning given in s. 94.67 (1).
SB55-ASA1,884,33 (b) "Federal act" has the meaning given in s. 94.67 (13).
SB55-ASA1,884,44 (c) "Inert ingredient" has the meaning given in s. 94.67 (16).
SB55-ASA1,884,115 (cm) "Integrated pest management" means a comprehensive strategy of pest
6control with the main objective of achieving desired levels of pest control in an
7environmentally responsible manner to reduce or eliminate reliance on pesticides by
8using a combination of nonchemical pest controls, which may include monitoring,
9increased sanitation, physical barriers, and the use of natural pest enemies, to
10address conditions that support pests and judiciously using lowest risk pesticides
11when necessary after all other methods have failed.
SB55-ASA1,884,1212 (d) "Pest" has the meaning given in s. 94.67 (24).
SB55-ASA1,884,1413 (e) "Pesticide" has the meaning given in s. 94.67 (25), except that "pesticide"
14does not include a germicide, sanitizer, or disinfectant.
SB55-ASA1,884,16 15(2) Requirements for school boards. A school board shall do all of the
16following:
SB55-ASA1,884,1717 (a) Propose a pest management plan that complies with sub. (4).
SB55-ASA1,884,2018 (am) Before proposing a plan under par. (a), obtain training under s. 36.25 (43)
19for at least one member of the school board or school district employee who will be
20involved in developing the pest management plan.
SB55-ASA1,884,2421 (b) After public notice and a hearing on the proposed plan under par. (a) and
22no later than the first day of the 7th month beginning after the effective date of this
23paragraph .... [revisor inserts date], adopt a pest management plan that complies
24with sub. (4) and submit a copy of the plan to the department.
SB55-ASA1,885,3
1(c) No later than the first day of the 13th month beginning after the effective
2date of this paragraph .... [revisor inserts date], implement the pest management
3plan adopted under par. (b).
SB55-ASA1,885,64 (d) Provide public notice and a hearing before modifying the pest management
5plan adopted under par. (b) and notify the department of any modifications to the
6plan.
SB55-ASA1,885,97 (dm) Authorize pesticide application in a school or on school grounds to be
8conducted only by persons who are certified in the applicable pesticide use categories
9under s. 94.705.
SB55-ASA1,885,1210 (e) When the use of a pesticide is determined to be necessary in a school or on
11school grounds, use pesticide in accordance with integrated pest management
12practices.
SB55-ASA1,885,1913 (f) Except as provided in sub. (6), at least 72 hours in advance of each pesticide
14application in a school or on school grounds, provide written notification, in a font
15size no smaller than that routinely used for other notices to parents, of the name of
16the pesticide to be applied, the planned time and location of the application, the
17potential health effects of exposure to the pesticide, as indicated on its label, and the
18name and telephone number of a person at the school who can be called for more
19information or to report health effects from exposure, to all of the following:
SB55-ASA1,885,2220 1. Each employee of the school district, or of a contractor with the school
21district, who may be present in the area of application within 72 hours after the
22application.
SB55-ASA1,885,2423 2. Each student who may be present in the area of application within 72 hours
24after the application.
SB55-ASA1,885,2525 3. The parents or guardians of the students under subd. 2.
SB55-ASA1,886,2
1(g) Post notice of each pesticide application in a school or on school grounds at
2the time of the application and for at least 72 hours following the application.
SB55-ASA1,886,43 (h) Maintain a record of all of the following for each application of pesticide in
4a school or on school grounds:
SB55-ASA1,886,55 1. The name and certification number of the person applying the pesticide.
SB55-ASA1,886,96 2. The type of pesticide applied and its brand name, the name of the pesticide
7as registered under the federal act, the pesticide registration number assigned to the
8pesticide under the federal act, the manufacturer of the pesticide, and the pesticide's
9active ingredients and inert ingredients.
SB55-ASA1,886,1010 3. The date and time of the application and the amount of pesticide applied.
SB55-ASA1,886,1211 4. How the pesticide was applied, including any additives used and the type of
12application device used.
SB55-ASA1,886,1413 5. The street address of the place at which the pesticide was applied and a
14description of the area to which the pesticide was applied.
SB55-ASA1,886,1615 6. The purpose of the application, including the target pest and whether the
16application was preventive or reactive.
SB55-ASA1,886,1817 7. For an outdoor application, a description of the weather conditions at the
18time of the application.
SB55-ASA1,886,1919 8. The symptoms of acute poisoning from the pesticide, as indicated on its label.
SB55-ASA1,886,2220 (i) Make the information under par. (h) available to any person upon request
21and provide the information about pesticide applications to the department
22quarterly, except as provided in sub. (6m).
SB55-ASA1,886,2423 (j) Review liability and property insurance maintained by the school board to
24determine whether coverage is adequate for damage or loss caused by pesticides.
SB55-ASA1,887,2
1(k) Provide any information concerning pest management that is requested by
2the department.
SB55-ASA1,887,4 3(3) Prohibitions. (a) A school district may not routinely use pesticides on a
4regularly scheduled basis in a school or on school grounds.
SB55-ASA1,887,65 (b) A school district may not use pesticide fumigation in a school or on school
6grounds.
SB55-ASA1,887,77 (c) A school district may not use pesticides for aesthetic or cosmetic purposes.
SB55-ASA1,887,108 (d) A school district may not use a pesticide in a school or on school grounds
9unless nonchemical methods of pest control have failed to prevent unacceptable
10levels of pest activity and damage.
SB55-ASA1,887,15 11(4) Pest management plan. A school board shall design its pest management
12plan required under sub. (2) (b) to prevent unacceptable levels of pest activity and
13damage while minimizing hazards to persons, property, and the environment. In the
14plan required under sub. (2) (b), a school board shall specify the pest management
15practices that will be used by the school district and shall include all of the following:
SB55-ASA1,887,1816 (a) A description of the methods that will be used to identify pest problems,
17including monitoring to determine whether pests are present in sufficient numbers
18to require treatment with pesticides.
SB55-ASA1,887,2019 (b) A description of the nonchemical methods that the school district will use
20to seek to prevent unacceptable levels of pest activity and damage.
SB55-ASA1,887,2321 (c) A description of the pesticides and methods of application that the school
22district will use if the methods under par. (b) fail to prevent unacceptable levels of
23pest activity and damage.
SB55-ASA1,887,2524 (d) A description of the other means that the school district will use to ensure
25compliance with subs. (2) (c) to (k) and (3).
SB55-ASA1,888,12
1(6) Exemption from advance notice requirement. A school board is not
2required to provide advance notice of a pesticide application if the school district
3administrator, as defined in s. 115.001 (8), or the school principal declares that a pest
4emergency exists. If a pesticide is applied in a school or on school grounds without
5advance notice, the school board shall provide written notification of the name of the
6pesticide that was applied, the time and location of the application, the potential
7health effects of exposure to the pesticide, as indicated on its label, and the name and
8telephone number of a person at the school who can be called for more information
9or to report health effects from exposure, to all of the persons identified in sub. (2)
10(f) 1. to 3., as soon as possible after the application. The school board shall provide
11the notice in a font size no smaller than that routinely used for other notices to
12parents.
SB55-ASA1,888,17 13(6m) Exemption from reporting requirement. A school district is not required
14to provide quarterly reports to the department under sub. (2) (i) if the school district
15does not use pesticides and notifies the department that it does not use pesticides.
16A school district shall begin to make the quarterly reports if it begins to use
17pesticides.
SB55-ASA1,889,3 18(7) Assistance and cooperation. The department shall provide assistance to
19school districts in complying with subs. (2) to (4). The department shall consult with
20the department of health and family services and the department of public
21instruction concerning school pest management issues. The department and the
22board of regents of the University of Wisconsin System shall enter into a
23memorandum of understanding concerning school pest management and the
24provision of training by the University of Wisconsin-Extension to ensure cooperation
25between the department and the University of Wisconsin-Extension and to avoid

1duplication of activities. The University of Wisconsin-Extension and the cooperative
2educational service agencies shall cooperate in providing the training under s. 36.25
3(43).
SB55-ASA1,889,6 4(8) Availability of plans. The department shall retain pest management plans
5submitted under sub. (2) (b) and make the plans available to any person upon
6request.
SB55-ASA1,889,10 7(9) Report. On or before January 1 of each even-numbered year, the
8department, in cooperation with the University of Wisconsin-Extension and the
9department of health and family services, shall submit a report evaluating the
10program under this section to the legislature under s. 13.172 (2).
SB55-ASA1, s. 1291 11Section 1291. 95.15 of the statutes is repealed.
SB55-ASA1, s. 1292 12Section 1292. 95.60 (8) of the statutes is created to read:
SB55-ASA1,889,1513 95.60 (8) The department may provide training to veterinarians and other
14persons who issue fish health certificates for the purposes of this section. The
15department may charge fees to recover the cost of providing the training.
SB55-ASA1, s. 2403e 16Section 2403e. 97.60 of the statutes is created to read:
SB55-ASA1,889,19 1797.60 Food advisory council. The food advisory council shall meet at least
18quarterly and shall advise the department concerning issues related to providing a
19safe and wholesome food supply in this state, including all of the following:
SB55-ASA1,889,20 20(1) Food recalls.
SB55-ASA1,889,21 21(2) Rules that apply to retail food establishments and food processing plants.
SB55-ASA1,889,22 22(3) Food safety concerns and communications.
SB55-ASA1,889,23 23(4) Training.
SB55-ASA1,889,24 24(5) Partnerships between the department and the food industry.
SB55-ASA1,889,25 25(6) Enforcement and inspection.
SB55-ASA1,890,1
1(7) Other issues related to the food industry.
SB55-ASA1, s. 1293 2Section 1293. 100.20 (2) (b) of the statutes is amended to read:
SB55-ASA1,890,83 100.20 (2) (b) Notwithstanding par. (a), the department may not issue any
4order or promulgate any rule that regulates the provision of water or sewer service
5by a mobile manufactured home park operator, as defined in s. 196.01 (3t) 101.91 (8),
6or mobile manufactured home park contractor, as defined in s. 196.01 (3q) 101.91
7(6m)
, or enforce any rule to the extent that the rule regulates the provision of such
8water or sewer service.
SB55-ASA1, s. 1294 9Section 1294. 100.261 (title) of the statutes is amended to read:
SB55-ASA1,890,10 10100.261 (title) Consumer information protection assessment.
SB55-ASA1, s. 1295 11Section 1295. 100.261 (1) of the statutes is amended to read:
SB55-ASA1,890,1912 100.261 (1) If a court imposes a fine or forfeiture for a violation of this chapter,
13ch. 98, a rule promulgated under this chapter or ch. 98 or an ordinance enacted under
14this chapter or ch. 98, the court shall also impose a consumer information protection
15assessment in an amount equal to 15% 25% of the fine or forfeiture imposed. If
16multiple violations are involved, the court shall base the consumer information
17protection assessment upon the the total of the fine or forfeiture amounts for all
18violations. If a fine or forfeiture is suspended in whole or in part, the court shall
19reduce the assessment in proportion to the suspension.
SB55-ASA1, s. 1296 20Section 1296. 100.261 (2) of the statutes is amended to read:
SB55-ASA1,891,221 100.261 (2) If any deposit is made for a violation to which this section applies,
22the person making the deposit shall also deposit a sufficient amount to include the
23consumer information protection assessment required under this section. If the
24deposit is forfeited, the amount of the consumer information protection assessment

1shall be transmitted to the state treasurer under sub. (3). If the deposit is returned,
2the consumer information protection assessment shall also be returned.
SB55-ASA1, s. 1297 3Section 1297. 100.261 (3) (a) of the statutes is amended to read:
SB55-ASA1,891,74 100.261 (3) (a) The clerk of court shall collect and transmit the consumer
5information protection assessment amounts to the county treasurer under s. 59.40
6(2) (m). The county treasurer shall then make payment to the state treasurer under
7s. 59.25 (3) (f) 2.
SB55-ASA1, s. 1298 8Section 1298. 100.261 (3) (b) 1. of the statutes is renumbered 100.261 (3) (b)
9and amended to read:
SB55-ASA1,891,1210 100.261 (3) (b) The state treasurer shall deposit the consumer protection
11assessment amounts in the general fund and shall credit them to the appropriation
12account under s. 20.115 (1) (jb), subject to the limit under subd. 2 par. (c).
SB55-ASA1, s. 1299 13Section 1299. 100.261 (3) (b) 2. of the statutes is renumbered 100.261 (3) (c)
14and amended to read:
SB55-ASA1,891,1615 100.261 (3) (c) The amount credited to the appropriation account under s.
1620.115 (1) (jb) may not exceed $85,000 $185,000 in each fiscal year.
SB55-ASA1, s. 1300 17Section 1300. 100.45 (1) (dm) of the statutes is amended to read:
SB55-ASA1,891,2518 100.45 (1) (dm) "State agency" means any office, department, agency,
19institution of higher education, association, society or other body in state
20government created or authorized to be created by the constitution or any law which
21is entitled to expend moneys appropriated by law, including the legislature and the
22courts, the Wisconsin Housing and Economic Development Authority, the Bradley
23Center Sports and Entertainment Corporation, the University of Wisconsin
24Hospitals and Clinics Authority and, the Wisconsin Health and Educational
25Facilities Authority, and the Fox River Navigational System Authority.
SB55-ASA1, s. 1301
1Section 1301. 101.09 (3) (d) of the statutes is created to read:
SB55-ASA1,892,42 101.09 (3) (d) The department shall promulgate a rule specifying fees for plan
3review and inspection of tanks for the storage, handling, or use of flammable or
4combustible liquids and for any certification or registration required under par. (c).
SB55-ASA1, s. 2449f 5Section 2449f. 101.123 (title) of the statutes is repealed and recreated to read:
SB55-ASA1,892,6 6101.123 (title) Smoking prohibited.
SB55-ASA1, s. 2449h 7Section 2449h. 101.123 (1) (i) of the statutes is amended to read:
SB55-ASA1,892,118 101.123 (1) (i) "State institution" means a prison, a secured correctional
9facility,
a mental health institute as defined in s. 51.01 (12) or a center for the
10developmentally disabled as defined in s. 51.01 (3), except that "state institution"
11does not include a Type 2 secured correctional facility, as defined in s. 938.02 (20)
.
SB55-ASA1, s. 2449j 12Section 2449j. 101.123 (1) (j) of the statutes is created to read:
SB55-ASA1,892,1413 101.123 (1) (j) "Type 1 secured correctional facility" has the meaning given in
14s. 938.02 (19).
SB55-ASA1, s. 2449L 15Section 2449L. 101.123 (2) (br) of the statutes is created to read:
SB55-ASA1,892,1816 101.123 (2) (br) Notwithstanding par. (a) and sub. (3), no person may smoke
17in any enclosed, indoor area of a Type 1 secured correctional facility or on the grounds
18of a Type 1 secured correctional facility.
SB55-ASA1, s. 2449n 19Section 2449n. 101.123 (4) (a) 2. of the statutes is amended to read:
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