Amendment AA1-ASA1-SB55

SB55-ASA1-AA1,734,17 94.73 (3m) (e) Costs for corrective action taken in response to a discharge from a facility that is required to be licensed under s. 289.31 or that would be required to be licensed except that the department of natural resources environmental management has issued a specific exemption under s. 289.43 or rules promulgated under s. 289.05 (1) or (2).

SB55-ASA1-AA1, s. 2397r Section 2397r. 94.73 (3m) (r) of the statutes is amended to read:

SB55-ASA1-AA1,734,24 94.73 (3m) (r) The cost of providing alternative sources of drinking water, except that, subject to sub. (6) (b) to (f), the department may reimburse a responsible person who applies for reimbursement a total of not more than $20,000 for the replacement of private wells if the department or the department of natural resources environmental management orders the well replacement in response to a discharge.

SB55-ASA1-AA1, s. 2397s Section 2397s. 94.73 (4) (b) of the statutes is amended to read:

SB55-ASA1-AA1,735,15 94.73 (4) (b) Except as agreed under sub. (12), the department of agriculture, trade and consumer protection shall promptly furnish the department of natural resources environmental management with a copy of each work plan submitted to the department of agriculture, trade and consumer protection under par. (a) for comment by the department of natural resources environmental management. Within 14 days after it receives a copy of a work plan or within a different time period agreed to under sub. (12), the department of natural resources environmental management may provide the department of agriculture, trade and consumer protection with any comments of the department of natural resources environmental management on the work plan. If the department of natural resources environmental management timely submits written comments on a proposed work plan, the department of agriculture, trade and consumer protection shall either incorporate those comments into the approved work plan or give the department of natural resources environmental management a written explanation of why the comments were not incorporated.

SB55-ASA1-AA1, s. 2397t Section 2397t. 94.73 (9) of the statutes is amended to read:

SB55-ASA1-AA1,735,22 94.73 (9) Sampling requirements. The department, in cooperation with the department of natural resources environmental management, shall establish a program for the collection and analysis of soil and other environmental samples at sites where discharges may have occurred, including sites required to be registered according to rules promulgated by the department of agriculture, trade and consumer protection under sub. (11).

SB55-ASA1-AA1, s. 2397u Section 2397u. 94.73 (12) of the statutes is amended to read:

SB55-ASA1-AA1,736,7 94.73 (12) Memorandum of understanding. The department and the department of natural resources environmental management shall enter into a memorandum of understanding establishing their respective functions in the administration of this section. The memorandum of understanding shall establish procedures to ensure that corrective actions taken under this section are consistent with actions taken under s. 292.11 (7). The department and the department of natural resources environmental management may request that the secretary of administration provide assistance in accomplishing the memorandum of understanding.".

SB55-ASA1-AA1,736,8 1361. Page 888, line 11: after that line insert:

SB55-ASA1-AA1,736,9 " Section 2398g. 95.60 (2) (d) of the statutes is amended to read:

SB55-ASA1-AA1,736,11 95.60 (2) (d) The department of natural resources fish, wildlife, parks, and forestry is exempt from par. (a).

SB55-ASA1-AA1, s. 2398h Section 2398h. 95.60 (4s) (a) of the statutes is amended to read:

SB55-ASA1-AA1,736,15 95.60 (4s) (a) In consultation with the department of natural resources fish, wildlife, parks, and forestry, promulgate rules specifying requirements for the labeling and identification, in commerce, of fish reared in fish farms.

SB55-ASA1-AA1, s. 2398i Section 2398i. 95.60 (4s) (b) of the statutes is amended to read:

SB55-ASA1-AA1,736,20 95.60 (4s) (b) In consultation with the department of natural resources fish, wildlife, parks, and forestry, promulgate rules specifying fish health standards and requirements for certifying that fish meet those standards for the purpose of s. 29.736.

SB55-ASA1-AA1, s. 2398j Section 2398j. 95.60 (4s) (c) of the statutes is amended to read:

SB55-ASA1-AA1,736,24 95.60 (4s) (c) In consultation with the department of natural resources fish, wildlife, parks, and forestry, promulgate rules specifying the qualifications that a person who is not a veterinarian must satisfy in order to issue fish health certificates.

SB55-ASA1-AA1, s. 2398k Section 2398k. 95.60 (4s) (d) of the statutes is amended to read:

SB55-ASA1-AA1,737,4 95.60 (4s) (d) In consultation with the department of natural resources fish, wildlife, parks, and forestry, promulgate rules specifying diseases and requirements for certifying that fish are free of those diseases for the purposes of sub. (2) (b).

SB55-ASA1-AA1, s. 2398L Section 2398L. 95.60 (6) of the statutes is amended to read:

SB55-ASA1-AA1,737,7 95.60 (6) (a) No person, except the department of natural resources fish, wildlife, parks, and forestry, may rear lake sturgeon in a fish farm.

SB55-ASA1-AA1,737,12 (c) The department, in consultation with the department of natural resources fish, wildlife, parks, and forestry, shall study regulatory options that would enable commercial rearing of lake sturgeon while protecting the wild lake sturgeon population. The department shall submit the results of the study to the legislature under s. 13.172 (2) no later than December 31, 2000.".

SB55-ASA1-AA1,737,13 1362. Page 888, line 15: after that line insert:

SB55-ASA1-AA1,737,14 " Section 2400. 97.20 (2) (d) 2. of the statutes is amended to read:

SB55-ASA1-AA1,737,21 97.20 (2) (d) 2. The license applicant has filed all financial information required under s. 126.44 and any security required under s. 100.06 126.47. If an applicant has not filed all financial information under s. 126.44 and any security required under s. 100.06 126.47, the department may issue a conditional dairy plant license under s. 93.06 (8) which prohibits the licensed operator from purchasing milk or fluid milk products from milk producers or their agents, but allows the operator to purchase milk or fluid milk products from other sources.

SB55-ASA1-AA1, s. 2401 Section 2401. 97.20 (3m) of the statutes is amended to read:

SB55-ASA1-AA1,738,4 97.20 (3m) Confidentiality. Any information kept by the department under this section or s. 97.24 that identifies individual milk producers who deliver milk to a dairy plant licensed under this section and that is a composite list for that dairy plant is not subject to inspection under s. 19.35 unless inspection is required under s. 100.06 (4) 126.70 or unless the department determines that inspection is necessary to protect the public health, safety or welfare.

SB55-ASA1-AA1, s. 2402 Section 2402. 97.22 (10) of the statutes is amended to read:

SB55-ASA1-AA1,738,11 97.22 (10) Confidentiality. Any information obtained and kept by the department under this section, under s. 97.24 or 97.52, or under rules promulgated under those sections, that pertains to individual milk producer production, milk fat and other component tests and quality records is not subject to inspection under s. 19.35 except as required under s. 100.06 (4) 126.70 or except as the department determines is necessary to protect the public health, safety or welfare.

SB55-ASA1-AA1, s. 2403 Section 2403. 97.29 (4) of the statutes is amended to read:

SB55-ASA1-AA1,738,22 97.29 (4) Food processing plants buying vegetables from producers. The department may not issue or renew a license to operate a food processing plant to any applicant who is a vegetable contractor, as defined in s. 100.03 (1) (f) 126.55 (14), unless the applicant has filed all financial information required under s. 126.58 and any security that is required under s. 100.03 126.61. If an applicant has not filed all financial information required under s. 126.58 and any security that is required under s. 100.03 126.61, the department may issue a conditional license under s. 93.06 (8) that prohibits the licensed operator from procuring vegetables from a producer or a producer's agent, but allows the operator to procure vegetables from other sources.".

SB55-ASA1-AA1,738,23 1363. Page 888, line 15: after that line insert:

SB55-ASA1-AA1,738,24 " Section 2403c. 97.42 (3) (d) of the statutes is amended to read:

SB55-ASA1-AA1,739,10 97.42 (3) (d) Custom service slaughtering. This subsection shall not apply to animals and poultry slaughtered as a custom service for the owner exclusively for use by the owner and members of the owner's household and the owner's nonpaying guests and employees if the slaughterer is not involved with the sale of the meat, unless department inspection is specifically requested and performed at establishments where examinations before and after slaughter are required. The rules of the department shall make provision for the furnishing of such inspection service, subject to availability of inspector personnel, and for the identification of all animals and poultry custom slaughtered for the owners thereof without department inspection.

SB55-ASA1-AA1, s. 2403cp Section 2403cp. 97.42 (6) (a) (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,739,17 97.42 (6) (a) (intro.) No Except as provided in par. (am), no person shall slaughter any animals or poultry for the purpose of selling the meat products or poultry products thereof for human food, or sell, offer for sale or have in his or her possession with intent to sell such meat products or poultry products for human food, unless such animals and poultry and the carcasses thereof have been first inspected and approved as provided by any of the following:

SB55-ASA1-AA1, s. 2403cs Section 2403cs. 97.42 (6) (am) of the statutes is created to read:

SB55-ASA1-AA1,739,22 97.42 (6) (am) Paragraph (a) does not prohibit the slaughter for the purpose of sale or the sale of animals or poultry without inspection or approval if the sale is by the person who raised the animals or poultry to an individual and is not for resale.".

SB55-ASA1-AA1,739,23 1364. Page 888, line 15: after that line insert:

SB55-ASA1-AA1,739,24 " Section 2402g. 97.34 (2) (b) of the statutes is amended to read:

SB55-ASA1-AA1,740,6 97.34 (2) (b) No person may manufacture or bottle bottled drinking water for sale or distribution in this state unless the bottled drinking water complies with state drinking water standards adopted by the department of natural resources environmental management under s. 280.11, 281.15 or 281.17 (8) and with health-related enforcement standards adopted by the department of natural resources environmental management under ch. 160.

SB55-ASA1-AA1, s. 2402i Section 2402i. 97.34 (2) (d) of the statutes is amended to read:

SB55-ASA1-AA1,740,11 97.34 (2) (d) No person may manufacture or bottle bottled drinking water for sale or distribution in this state unless the water system used by the manufacturer or bottler complies with ch. 280 and rules promulgated by the department of natural resources environmental management under that chapter.".

SB55-ASA1-AA1,740,12 1365. Page 889, line 1: after that line insert:

SB55-ASA1-AA1,740,14 " Section 2404. 100.03 of the statutes as affected by 2000 Wisconsin Act .... (this act) is repealed.

SB55-ASA1-AA1, s. 2405 Section 2405. 100.06 of the statutes is repealed.".

SB55-ASA1-AA1,740,16 1366. Page 889, line 1: after that line insert:

SB55-ASA1-AA1,740,17 " Section 2404g. 100.03 (1) (bm) of the statutes is amended to read:

SB55-ASA1-AA1,740,23 100.03 (1) (bm) "Audited financial statement" means a financial statement that, in the accompanying opinion of an independent certified public accountant or a public accountant holding a certificate of authority licensed or certified under ch. 442, fairly and in all material respects represents the financial position of the contractor, the results of the contractor's operations and the contractor's cash flows in conformity with generally accepted accounting principles.

SB55-ASA1-AA1, s. 2404r Section 2404r. 100.03 (1) (ym) 2. of the statutes is amended to read:

SB55-ASA1-AA1,741,3 100.03 (1) (ym) 2. Reviewed according to generally accepted accounting principles by an independent certified public accountant or a public accountant holding a certificate of authority licensed or certified under ch. 442.

SB55-ASA1-AA1, s. 2405m Section 2405m. 100.06 (1g) (c) of the statutes is amended to read:

SB55-ASA1-AA1,741,16 100.06 (1g) (c) The department shall require the applicant to file a financial statement of his or her business operations and financial condition that meets the requirements of par. (d). The licensee, during the term of his or her license, may be required to file such statements periodically. All such statements shall be confidential and shall not be open for public inspection, except that the department shall provide the name and address of an individual, the name and address of the individual's employer and financial information related to the individual contained in such statements if requested under s. 49.22 (2m) by the department of workforce development or a county child support agency under s. 59.53 (5). The department may require such statements to be certified by a certified public accountant licensed or certified under ch. 442. Such statements and audits, when made by the department, shall be paid for at cost.".

SB55-ASA1-AA1,741,17 1367. Page 889, line 1: after that line insert:

SB55-ASA1-AA1,741,18 " Section 2406. 100.18 (11) (d) of the statutes is amended to read:

SB55-ASA1-AA1,742,5 100.18 (11) (d) The department or the department of justice, after consulting with the department, or any district attorney, upon informing the department, may commence an action in circuit court in the name of the state to restrain by temporary or permanent injunction any violation of this section. The court may in its discretion, prior to entry of final judgment, make such orders or judgments as may be necessary to restore to any person any pecuniary loss suffered because of the acts or practices involved in the action, provided proof thereof is submitted to the satisfaction of the court. The department and the department of justice may subpoena persons and require the production of books and other documents, and the department of justice may request the department to exercise its authority under par. (c) to aid in the investigation of alleged violations of this section.

SB55-ASA1-AA1, s. 2407 Section 2407. 100.18 (11) (e) of the statutes is amended to read:

SB55-ASA1-AA1,742,16 100.18 (11) (e) In lieu of instituting or continuing an action pursuant to this section, the department or the department of justice may accept a written assurance of discontinuance of any act or practice alleged to be a violation of this section from the person who has engaged in such act or practice. The acceptance of such assurance by either the department or the department of justice shall be deemed acceptance by the other state officials enumerated in par. (d) if the terms of the assurance so provide. An assurance entered into pursuant to this section shall not be considered evidence of a violation of this section, provided that violation of such an assurance shall be treated as a violation of this section, and shall be subjected to all the penalties and remedies provided therefor.".

SB55-ASA1-AA1,742,17 1368. Page 889, line 8: after that line insert:

SB55-ASA1-AA1,742,18 " Section 2414. 100.235 (1) (b) of the statutes is amended to read:

SB55-ASA1-AA1,742,20 100.235 (1) (b) "Contractor" has the meaning given for "vegetable contractor" under s. 100.03 (1) (f) 126.55 (14).

SB55-ASA1-AA1, s. 2415 Section 2415. 100.235 (1) (em) of the statutes is renumbered 100.235 (1) (dm) and amended to read:

SB55-ASA1-AA1,742,24 100.235 (1) (dm) "Registration License year" has the meaning given under s. 100.03 (1) (y) 126.55 (10m).

SB55-ASA1-AA1, s. 2416 Section 2416. 100.235 (2) of the statutes is amended to read:

SB55-ASA1-AA1,743,10 100.235 (2) Contractor may not pay producer less than contractor's cost to grow. If a contractor and the contractor's affiliates and subsidiaries collectively grow more than 10% of the acreage of any vegetable species grown and procured by the contractor in any registration license year, the contractor shall pay a producer, for vegetables of that species tendered or delivered under a vegetable procurement contract, a price not less than the contractor's cost to grow that vegetable species in the same growing region. For vegetables contracted on a tonnage basis and for open-market tonnage purchased, acreage under this subsection shall be determined using the state average yield per acre during the preceding registration license year.

SB55-ASA1-AA1, s. 2417 Section 2417. 100.235 (3) of the statutes is repealed.

SB55-ASA1-AA1, s. 2418 Section 2418. 100.235 (4) of the statutes is amended to read:

SB55-ASA1-AA1,743,24 100.235 (4) Cost to grow; report to department upon request. If the department determines that a contractor and the contractor's affiliates and subsidiaries will collectively grow more than 10% of the acreage of any vegetable species grown and procured by the contractor during a registration license year, the department may require the contractor to file a statement of the contractor's cost to grow that vegetable species. The contractor shall file the report with the department within 30 days after the department makes its request, unless the department grants an extension of time. The department may permit the contractor to report different costs to grow for different growing regions if the contractor can define the growing regions to the department's satisfaction, and can show to the department's satisfaction that the contractor's costs to grow are substantially different between the growing regions.

SB55-ASA1-AA1, s. 2420 Section 2420. 100.26 (5) of the statutes is amended to read:

SB55-ASA1-AA1,744,4 100.26 (5) Any person violating s. 100.06 or any order or regulation of the department thereunder, or s. 100.18 (9), shall be fined not less than $100 nor more than $1,000 or imprisoned for not more than 2 years or both. Each day of violation constitutes a separate offense.".

SB55-ASA1-AA1,744,5 1369. Page 889, line 8: after that line insert:

SB55-ASA1-AA1,744,6 " Section 2409. 100.20 (4) of the statutes is amended to read:

SB55-ASA1-AA1,744,15 100.20 (4) The department of justice district attorney may file a written complaint with the department alleging that the person named is employing unfair methods of competition in business or unfair trade practices in business or both. Whenever such a complaint is filed it shall be the duty of the department to proceed, after proper notice and in accordance with its rules, to the hearing and adjudication of the matters alleged, and a representative of the department of justice designated by the attorney general district attorney may appear before the department in such proceedings. The department of justice district attorney shall be entitled to judicial review of the decisions and orders of the department under ch. 227.

SB55-ASA1-AA1, s. 2410 Section 2410. 100.207 (6) (b) 1. of the statutes is amended to read:

SB55-ASA1-AA1,745,3 100.207 (6) (b) 1. The department of justice, after consulting with the department of agriculture, trade and consumer protection, or any district attorney upon informing the department of agriculture, trade and consumer protection, may commence an action in circuit court in the name of the state to restrain by temporary or permanent injunction any violation of this section. Injunctive relief may include an order directing telecommunications providers, as defined in s. 196.01 (8p), to discontinue telecommunications service provided to a person violating this section or ch. 196. Before entry of final judgment, the court may make such orders or judgments as may be necessary to restore to any person any pecuniary loss suffered because of the acts or practices involved in the action if proof of these acts or practices is submitted to the satisfaction of the court.

SB55-ASA1-AA1, s. 2411 Section 2411. 100.207 (6) (b) 2. of the statutes is amended to read:

SB55-ASA1-AA1,745,10 100.207 (6) (b) 2. The department may exercise its authority under ss. 93.14 to 93.16 and 100.18 (11) (c) to administer this section. The department and the department of justice may subpoena persons and require the production of books and other documents, and the department of justice may request the department of agriculture, trade and consumer protection to exercise its authority to aid in the investigation of alleged violations of this section.

SB55-ASA1-AA1, s. 2412 Section 2412. 100.207 (6) (c) of the statutes is amended to read:

SB55-ASA1-AA1,745,16 100.207 (6) (c) Any person who violates subs. (2) to (4) shall be required to forfeit not less than $25 nor more than $5,000 for each offense. Forfeitures under this paragraph shall be enforced by the department of justice, after consulting with the department of agriculture, trade and consumer protection, or, upon informing the department, by the district attorney of the county where the violation occurs.

SB55-ASA1-AA1, s. 2413 Section 2413. 100.207 (6) (em) 1. of the statutes is amended to read:

SB55-ASA1-AA1,745,22 100.207 (6) (em) 1. Before preparing any proposed rule under this section, the department shall form an advisory group to suggest recommendations regarding the content and scope of the proposed rule. The advisory group shall consist of one or more persons who may be affected by the proposed rule, a representative from the department of justice and a representative from the public service commission.

SB55-ASA1-AA1, s. 2419 Section 2419. 100.24 of the statutes is amended to read:

SB55-ASA1-AA1,746,6 100.24 Revocation of corporate authority. Any corporation, or limited liability company, foreign or domestic, which that violates any order issued under s. 100.20 may be enjoined from doing business in this state and its certificate of authority, incorporation, or organization may be canceled or revoked. The attorney general department may bring an action for this purpose in the name of the state. In any such action judgment for injunction, cancellation, or revocation may be rendered by the court, upon such terms as it deems just and in the public interest, but only upon proof of a substantial and wilful willful violation.

SB55-ASA1-AA1, s. 2421 Section 2421. 100.26 (6) of the statutes is amended to read:

SB55-ASA1-AA1,746,15 100.26 (6) The department, the department of justice, after consulting with the department, or any district attorney may commence an action in the name of the state to recover a civil forfeiture to the state of not less than $100 nor more than $10,000 for each violation of an injunction issued under s. 100.18, 100.182, or 100.20 (6). The department of agriculture, trade and consumer protection or any district attorney may commence an action in the name of the state to recover a civil forfeiture to the state of not less than $100 nor more than $10,000 for each violation of an order issued under s. 100.20.".

SB55-ASA1-AA1,746,16 1370. Page 890, line 16: after that line insert:

SB55-ASA1-AA1,746,17 " Section 2429n. 100.27 (5) (d) of the statutes is amended to read:

SB55-ASA1-AA1,746,20 100.27 (5) (d) Informs the department and the department of natural resources environmental management of the collection site identified under par. (a) and the telephone number under par. (c).