Amendment ASA1-SB55

SB55-ASA1,889,6 (8) Availability of plans. The department shall retain pest management plans submitted under sub. (2) (b) and make the plans available to any person upon request.

SB55-ASA1,889,10 (9) Report. On or before January 1 of each even-numbered year, the department, in cooperation with the University of Wisconsin-Extension and the department of health and family services, shall submit a report evaluating the program under this section to the legislature under s. 13.172 (2).

SB55-ASA1, s. 1291 Section 1291. 95.15 of the statutes is repealed.

SB55-ASA1, s. 1292 Section 1292. 95.60 (8) of the statutes is created to read:

SB55-ASA1,889,15 95.60 (8) The department may provide training to veterinarians and other persons who issue fish health certificates for the purposes of this section. The department may charge fees to recover the cost of providing the training.

SB55-ASA1, s. 2403e Section 2403e. 97.60 of the statutes is created to read:

SB55-ASA1,889,19 97.60 Food advisory council. The food advisory council shall meet at least quarterly and shall advise the department concerning issues related to providing a safe and wholesome food supply in this state, including all of the following:

SB55-ASA1,889,20 (1) Food recalls.

SB55-ASA1,889,21 (2) Rules that apply to retail food establishments and food processing plants.

SB55-ASA1,889,22 (3) Food safety concerns and communications.

SB55-ASA1,889,23 (4) Training.

SB55-ASA1,889,24 (5) Partnerships between the department and the food industry.

SB55-ASA1,889,25 (6) Enforcement and inspection.

SB55-ASA1,890,1 (7) Other issues related to the food industry.

SB55-ASA1, s. 1293 Section 1293. 100.20 (2) (b) of the statutes is amended to read:

SB55-ASA1,890,8 100.20 (2) (b) Notwithstanding par. (a), the department may not issue any order or promulgate any rule that regulates the provision of water or sewer service by a mobile manufactured home park operator, as defined in s. 196.01 (3t) 101.91 (8), or mobile manufactured home park contractor, as defined in s. 196.01 (3q) 101.91 (6m), or enforce any rule to the extent that the rule regulates the provision of such water or sewer service.

SB55-ASA1, s. 1294 Section 1294. 100.261 (title) of the statutes is amended to read:

SB55-ASA1,890,10 100.261 (title) Consumer information protection assessment.

SB55-ASA1, s. 1295 Section 1295. 100.261 (1) of the statutes is amended to read:

SB55-ASA1,890,19 100.261 (1) If a court imposes a fine or forfeiture for a violation of this chapter, ch. 98, a rule promulgated under this chapter or ch. 98 or an ordinance enacted under this chapter or ch. 98, the court shall also impose a consumer information protection assessment in an amount equal to 15% 25% of the fine or forfeiture imposed. If multiple violations are involved, the court shall base the consumer information protection assessment upon the the total of the fine or forfeiture amounts for all violations. If a fine or forfeiture is suspended in whole or in part, the court shall reduce the assessment in proportion to the suspension.

SB55-ASA1, s. 1296 Section 1296. 100.261 (2) of the statutes is amended to read:

SB55-ASA1,891,2 100.261 (2) If any deposit is made for a violation to which this section applies, the person making the deposit shall also deposit a sufficient amount to include the consumer information protection assessment required under this section. If the deposit is forfeited, the amount of the consumer information protection assessment shall be transmitted to the state treasurer under sub. (3). If the deposit is returned, the consumer information protection assessment shall also be returned.

SB55-ASA1, s. 1297 Section 1297. 100.261 (3) (a) of the statutes is amended to read:

SB55-ASA1,891,7 100.261 (3) (a) The clerk of court shall collect and transmit the consumer information protection assessment amounts to the county treasurer under s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer under s. 59.25 (3) (f) 2.

SB55-ASA1, s. 1298 Section 1298. 100.261 (3) (b) 1. of the statutes is renumbered 100.261 (3) (b) and amended to read:

SB55-ASA1,891,12 100.261 (3) (b) The state treasurer shall deposit the consumer protection assessment amounts in the general fund and shall credit them to the appropriation account under s. 20.115 (1) (jb), subject to the limit under subd. 2 par. (c).

SB55-ASA1, s. 1299 Section 1299. 100.261 (3) (b) 2. of the statutes is renumbered 100.261 (3) (c) and amended to read:

SB55-ASA1,891,16 100.261 (3) (c) The amount credited to the appropriation account under s. 20.115 (1) (jb) may not exceed $85,000 $185,000 in each fiscal year.

SB55-ASA1, s. 1300 Section 1300. 100.45 (1) (dm) of the statutes is amended to read:

SB55-ASA1,891,25 100.45 (1) (dm) "State agency" means any office, department, agency, institution of higher education, association, society or other body in state government created or authorized to be created by the constitution or any law which is entitled to expend moneys appropriated by law, including the legislature and the courts, the Wisconsin Housing and Economic Development Authority, the Bradley Center Sports and Entertainment Corporation, the University of Wisconsin Hospitals and Clinics Authority and, the Wisconsin Health and Educational Facilities Authority, and the Fox River Navigational System Authority.

SB55-ASA1, s. 1301 Section 1301. 101.09 (3) (d) of the statutes is created to read:

SB55-ASA1,892,4 101.09 (3) (d) The department shall promulgate a rule specifying fees for plan review and inspection of tanks for the storage, handling, or use of flammable or combustible liquids and for any certification or registration required under par. (c).

SB55-ASA1, s. 2449f Section 2449f. 101.123 (title) of the statutes is repealed and recreated to read:

SB55-ASA1,892,6 101.123 (title) Smoking prohibited.

SB55-ASA1, s. 2449h Section 2449h. 101.123 (1) (i) of the statutes is amended to read:

SB55-ASA1,892,11 101.123 (1) (i) "State institution" means a prison, a secured correctional facility, a mental health institute as defined in s. 51.01 (12) or a center for the developmentally disabled as defined in s. 51.01 (3), except that "state institution" does not include a Type 2 secured correctional facility, as defined in s. 938.02 (20).

SB55-ASA1, s. 2449j Section 2449j. 101.123 (1) (j) of the statutes is created to read:

SB55-ASA1,892,14 101.123 (1) (j) "Type 1 secured correctional facility" has the meaning given in s. 938.02 (19).

SB55-ASA1, s. 2449L Section 2449L. 101.123 (2) (br) of the statutes is created to read:

SB55-ASA1,892,18 101.123 (2) (br) Notwithstanding par. (a) and sub. (3), no person may smoke in any enclosed, indoor area of a Type 1 secured correctional facility or on the grounds of a Type 1 secured correctional facility.

SB55-ASA1, s. 2449n Section 2449n. 101.123 (4) (a) 2. of the statutes is amended to read:

SB55-ASA1,893,6 101.123 (4) (a) 2. A person in charge or his or her agent may not designate an entire building as a smoking area or designate any smoking areas in the state capitol building, in the immediate vicinity of the state capitol, in a Type 1 secured correctional facility, on the grounds of a Type 1 secured correctional facility, in a motor bus, hospital or physician's office or on the premises, indoors or outdoors, of a day care center when children who are receiving day care services are present, except that in a hospital or a unit of a hospital that has as its primary purpose the care and treatment of mental illness, alcoholism or drug abuse a person in charge or his or her agent may designate one or more enclosed rooms with outside ventilation as smoking areas for the use of adult patients who have the written permission of a physician. Subject to this subdivision and sub. (3) (b), a person in charge or his or her agent may not designate an entire room as a smoking area.

SB55-ASA1, s. 2449p Section 2449p. 101.123 (4) (am) 3. of the statutes is amended to read:

SB55-ASA1,893,9 101.123 (4) (am) 3. Except in a prison, secured correctional facility, jail, or lockup facility, an entire building may not be designated as a smoking area.

SB55-ASA1, s. 2449r Section 2449r. 101.123 (4) (bm) of the statutes is amended to read:

SB55-ASA1,893,19 101.123 (4) (bm) The person in charge of a state institution, jail or lockup facility, or his or her agent, shall post notice of the designation of a smoking area under par. (am) in or near the area designated. If an entire room is designated a smoking area, the person in charge or his or her agent shall post notice of the designation conspicuously on or near all normally used entrances to the room. If an entire building in a prison, secured correctional facility, jail, or lockup facility is designated a smoking area, the person in charge, or his or her agent, shall post notice of the designation on or near all normally used entrances to the building, but need not post notice of the designation on or near entrances to rooms within the building.

SB55-ASA1, s. 2449t Section 2449t. 101.123 (8) (a) of the statutes is amended to read:

SB55-ASA1,893,24 101.123 (8) (a) Any person who wilfully violates sub. (2) (a), (am) 1. or, (bm), or (br) after being advised by an employee of the facility that smoking in the area is prohibited or any person in charge or his or her agent who wilfully fails to comply with sub. (5) shall forfeit not more than $10.

SB55-ASA1, s. 2464f Section 2464f. 101.143 (1) (e) 3. of the statutes is created to read:

SB55-ASA1,894,2 101.143 (1) (e) 3. A person who formerly owned a farm tank and who satisfies the criteria in sub. (4) (ei) 1m. b.

SB55-ASA1, s. 2468p Section 2468p. 101.143 (4) (a) 2. of the statutes is renumbered 101.143 (4) (a) 2. (intro.) and amended to read:

SB55-ASA1,894,7 101.143 (4) (a) 2. (intro.) The department may not issue an award before all eligible costs have been incurred and written approval is received under sub. (3) (c) 4., unless except as follows:

SB55-ASA1,894,11 a. The department may issue an award before all eligible costs have been incurred and written approval is received under sub. (3) (c) 4. if the department determines that the delay in issuing the award would cause a financial hardship to the owner or operator or the person.

SB55-ASA1, s. 2468r Section 2468r. 101.143 (4) (a) 2. b. of the statutes is created to read:

SB55-ASA1,894,15 101.143 (4) (a) 2. b. The department shall issue an award if the owner or operator or the person has incurred at least $50,000 in unreimbursed eligible costs and has not submitted a claim during the preceding 12 months.

SB55-ASA1, s. 1302 Section 1302. 101.143 (4) (a) 6. of the statutes is amended to read:

SB55-ASA1,894,19 101.143 (4) (a) 6. In any fiscal year, the department may not award more than 5% of the amount appropriated under s. 20.143 (3) (v) as awards for petroleum product storage systems described in par. (ei) 1.

SB55-ASA1, s. 1303 Section 1303. 101.143 (4) (b) (intro.) of the statutes is amended to read:

SB55-ASA1,894,24 101.143 (4) (b) Eligible costs. (intro.) Except as provided in par. (c) or (cc), eligible costs for an award under par. (a) include actual costs or, if the department establishes a usual and customary cost under par. (cm) for an item, usual and customary costs for the following items:

SB55-ASA1, s. 2470p Section 2470p. 101.143 (4) (c) 8. (intro.) and a. of the statutes are consolidated, renumbered 101.143 (4) (c) 8. and amended to read:

SB55-ASA1,895,6 101.143 (4) (c) 8. Interest costs incurred by an applicant that exceed interest at the following rate: a. If the applicant has gross revenues of not more than $25,000,000 in the most recent tax year before the applicant submits a claim, 1% under the prime rate.

SB55-ASA1, s. 2470r Section 2470r. 101.143 (4) (c) 8. d. of the statutes is repealed.

SB55-ASA1, s. 1304 Section 1304. 101.143 (4) (cc) of the statutes is created to read:

SB55-ASA1,895,13 101.143 (4) (cc) Ineligibility for interest reimbursement. 1. a. Except as provided in subd. 1m. or 2., if an applicant's final claim is submitted more than 120 days after receiving written notification that no further remedial action is necessary with respect to the discharge, interest costs incurred by the applicant after the 60th day after receiving that notification are not eligible costs.

SB55-ASA1,895,19 c. Except as provided in subd. 2., if an applicant does not complete the investigation of the petroleum product discharge by the first day of the 61st month after the month in which the applicant notified the department under sub. (3) (a) 3. or the first day of the 25th month beginning after the effective date of subd. 1. a., whichever is later, interest costs incurred by the applicant after the later of those days are not eligible costs.

SB55-ASA1,895,25 1m. If an applicant received written notification that no further remedial action is necessary with respect to a discharge before the effective date of this subdivision .... [revisor inserts date], and the applicant's final claim is submitted more than 120 days after the effective date of this subdivision .... [revisor inserts date], interest costs incurred by the applicant after the 120th day after the effective date of this subdivision .... [revisor inserts date], are not eligible costs.

SB55-ASA1,896,1 2. Subdivision 1. does not apply to any of the following:

SB55-ASA1,896,4 a. An applicant that is a local unit of government, if federal or state financial assistance other than under this section, has been provided for that expansion or redevelopment.

SB55-ASA1,896,8 b. An applicant that is engaged in the expansion or redevelopment of brownfields, as defined in s. 560.13 (1) (a), if federal or state financial assistance other than under this section, has been provided for that expansion or redevelopment.

SB55-ASA1, s. 1305 Section 1305. 101.143 (4) (d) 2. c. of the statutes is amended to read:

SB55-ASA1,896,11 101.143 (4) (d) 2. c. For an owner or operator of a petroleum product storage system described in par. (ei) 1., $100,000.

SB55-ASA1, s. 1306 Section 1306. 101.143 (4) (dm) 2. c. of the statutes is amended to read:

SB55-ASA1,896,14 101.143 (4) (dm) 2. c. For the owner or operator of a petroleum product storage system that is described in par. (ei) 1., $2,500 plus 5% of eligible costs per occurrence.

SB55-ASA1, s. 1307 Section 1307. 101.143 (4) (dm) 3. c. of the statutes is amended to read:

SB55-ASA1,896,17 101.143 (4) (dm) 3. c. For an owner or operator of a petroleum product storage system described in par. (ei) 1., $100,000.

SB55-ASA1, s. 1308 Section 1308. 101.143 (4) (e) 2. of the statutes is amended to read:

SB55-ASA1,897,2 101.143 (4) (e) 2. The department shall issue the award under this paragraph without regard to fault in an amount equal to the amount of the eligible costs that exceeds a deductible amount of $10,000, except that the deductible amount for a petroleum product storage system that is owned by a school district or a technical college district and that is used for storing heating oil for consumptive use on the premises where stored is 25% of eligible costs and except that the deductible for a petroleum product storage system that is described in par. (ei) 1. is $2,500 plus 5% of the eligible costs, but not more than $7,500 per occurrence without regard to when the eligible costs are incurred.

SB55-ASA1, s. 1309 Section 1309. 101.143 (4) (e) 2m. of the statutes is amended to read:

SB55-ASA1,897,7 101.143 (4) (e) 2m. An award issued under this paragraph may not exceed $190,000 for each occurrence, except that an award under this paragraph to the owner or operator of a petroleum product storage system described in par. (ei) 1. may not exceed $100,000 per occurrence.

SB55-ASA1, s. 1310 Section 1310. 101.143 (4) (ei) 1. (intro.) of the statutes is renumbered 101.143 (4) (ei) (intro.).

SB55-ASA1, s. 1311 Section 1311. 101.143 (4) (ei) 1. a. of the statutes is renumbered 101.143 (4) (ei) 1m. a. and amended to read:

SB55-ASA1,897,22 101.143 (4) (ei) 1m. a. The owner or operator of the farm tank owns a parcel of 35 or more acres of contiguous land, on which the farm tank is located, which is devoted primarily to agricultural use, as defined in s. 91.01 (1), including land designated by the department of natural resources as part of the ice age trail under s. 23.17, which during the year preceding submission of a first claim under sub. (3) produced gross farm profits, as defined in s. 71.58 (4), of not less than $6,000 or which, during the 3 years preceding that submission produced gross farm profits, as defined in s. 71.58 (4), of not less than $18,000, or a parcel of 35 or more acres, on which the farm tank is located, of which at least 35 acres, during part or all of the year preceding that submission, were enrolled in the conservation reserve program under 16 USC 3831 to 3836.

SB55-ASA1, s. 1312 Section 1312. 101.143 (4) (ei) 1. b. of the statutes is renumbered 101.143 (4) (ei) 2m.

SB55-ASA1, s. 1313 Section 1313. 101.143 (4) (ei) 1m. (intro.) of the statutes is created to read:

SB55-ASA1,898,1 101.143 (4) (ei) 1m. (intro.) One of the following conditions is satisfied:

SB55-ASA1, s. 2481b Section 2481b. 101.143 (4) (ei) 1m. b. of the statutes is created to read:

SB55-ASA1,898,14 101.143 (4) (ei) 1m. b. The claim is submitted by a person who, at the time that the notification was made under sub. (3) (a) 3., was the owner of the farm tank and owned a parcel of 35 or more acres of contiguous land, on which the farm tank is or was located, which was devoted primarily to agricultural use, as defined in s. 91.01 (1), including land designated by the department of natural resources as part of the ice age trail under s. 23.17, which during the year preceding that notification produced gross farm profits, as defined in s. 71.58 (4), of not less than $6,000 or which, during the 3 years preceding that notification, produced gross farm profits, as defined in s. 71.58 (4), of not less than $18,000, or a parcel of 35 or more acres, on which the farm tank is located, of which at least 35 acres, during part or all of the year preceding that notification, were enrolled in the conservation reserve program under 16 USC 3831 to 3836.

SB55-ASA1, s. 1314 Section 1314. 101.143 (4) (ei) 2. of the statutes is renumbered 101.143 (4) (a) 5m. and amended to read:

SB55-ASA1,898,20 101.143 (4) (a) 5m. The department shall review claims related to discharges from farm tanks described in subd. 1. par. (ei) as soon as the claims are received. The department shall issue an award for an eligible discharge from a farm tank described in subd. 1. par. (ei) as soon as it completes the review of the claim.