SB55-SSA1-CA1,473,65
93.50
(1) (g) "Procurement contract" has the meaning given
for "vegetable
6procurement contract" in s.
100.03 (1) (vm) 126.55 (15).".
SB55-SSA1-CA1,473,14
993.80 Arsenic in wood. (1) The department, jointly with the department of
10commerce, shall review scientific evidence to determine whether there is a
11substantial likelihood that wood treated with copper, chromium, and arsenic is
12harmful to the environment or to human health. The departments shall report the
13results of their review to the legislature under s. 13.172 (2) no later than June 30,
142002.
SB55-SSA1-CA1,473,22
15(2) If the department and the department of commerce determine under sub.
16(1) that there is a substantial likelihood that wood treated with copper, chromium,
17and arsenic is harmful to the environment or to human health, the departments
18jointly shall promulgate rules that phase in restrictions on the use of wood treated
19with copper, chromium, and arsenic. The departments may not prohibit the use of
20wood treated with copper, chromium, and arsenic for a purpose unless there is a
21substitute wood preservative that may be used for that purpose and that is less
22harmful.
SB55-SSA1-CA1,473,24
23(3) Any person who violates a rule promulgated under sub. (2) may be required
24to forfeit not more than $500 for each violation.".
SB55-SSA1-CA1,474,105
94.73
(3m) (r) The cost of providing alternative sources of drinking water,
6except that, subject to sub. (6) (b) to (f), the department may reimburse a responsible
7person who applies for reimbursement a total of not more than
$20,000 $50,000 for
8the replacement
or restoration of private wells
or for connection to a public or private
9water source if the department or the department of natural resources orders the
10well replacement
or restoration or the connection in response to a discharge.".
SB55-SSA1-CA1,474,1913
97.20
(2) (d) 2. The license applicant has filed all financial information
required
14under s. 126.44 and any security required under s.
100.06 126.47. If an applicant has
15not filed all financial information
under s. 126.44 and any security required under
16s.
100.06 126.47, the department may issue a conditional dairy plant license under
17s. 93.06 (8) which prohibits the licensed operator from purchasing milk or fluid milk
18products from milk producers or their agents, but allows the operator to purchase
19milk or fluid milk products from other sources.
SB55-SSA1-CA1,475,221
97.20
(3m) Confidentiality. Any information kept by the department under
22this section or s. 97.24 that identifies individual milk producers who deliver milk to
23a dairy plant licensed under this section and that is a composite list for that dairy
24plant is not subject to inspection under s. 19.35 unless inspection is required under
1s.
100.06 (4) 126.70 or unless the department determines that inspection is necessary
2to protect the public health, safety or welfare.
SB55-SSA1-CA1,475,94
97.22
(10) Confidentiality. Any information obtained and kept by the
5department under this section, under s. 97.24 or 97.52, or under rules promulgated
6under those sections, that pertains to individual milk producer production, milk fat
7and other component tests and quality records is not subject to inspection under s.
819.35 except as required under s.
100.06 (4) 126.70 or except as the department
9determines is necessary to protect the public health, safety or welfare.
SB55-SSA1-CA1,475,2011
97.29
(4) Food processing plants buying vegetables from producers. The
12department may not issue or renew a license to operate a food processing plant to any
13applicant who is a
vegetable contractor, as defined in s.
100.03 (1) (f) 126.55 (14),
14unless the applicant has filed all financial information
required under s. 126.58 and
15any security that is required under s.
100.03 126.61. If an applicant has not filed all
16financial information
required under s. 126.58 and any security that is required
17under s.
100.03 126.61, the department may issue a conditional license under s. 93.06
18(8) that prohibits the licensed operator from procuring vegetables from a producer
19or a producer's agent, but allows the operator to procure vegetables from other
20sources.".
SB55-SSA1-CA1,475,23
22"
Section 2404. 100.03 of the statutes, as affected by 2001 Wisconsin Act ....
23(this act), is repealed.
SB55-SSA1-CA1, s. 2405
1Section 2405. 100.06 of the statutes, as affected by 2001 Wisconsin Act .... (this
2act), is repealed.".
SB55-SSA1-CA1,476,105
100.03
(1) (bm) "Audited financial statement" means a financial statement
6that, in the accompanying opinion of an independent certified public accountant
or
7a public accountant holding a certificate of authority licensed or certified under ch.
8442, fairly and in all material respects represents the financial position of the
9contractor, the results of the contractor's operations and the contractor's cash flows
10in conformity with generally accepted accounting principles.
SB55-SSA1-CA1,476,1412
100.03
(1) (ym) 2. Reviewed according to generally accepted accounting
13principles by an independent certified public accountant
or a public accountant
14holding a certificate of authority licensed or certified under ch. 442.
SB55-SSA1-CA1,477,316
100.06
(1g) (c) The department shall require the applicant to file a financial
17statement of his or her business operations and financial condition that meets the
18requirements of par. (d). The licensee, during the term of his or her license, may be
19required to file such statements periodically. All such statements shall be
20confidential and shall not be open for public inspection, except that the department
21shall provide the name and address of an individual, the name and address of the
22individual's employer and financial information related to the individual contained
23in such statements if requested under s. 49.22 (2m) by the department of workforce
24development or a county child support agency under s. 59.53 (5). The department
1may require such statements to be certified by a
certified public accountant
licensed
2or certified under ch. 442. Such statements and audits, when made by the
3department, shall be paid for at cost.".
SB55-SSA1-CA1,477,76
100.235
(1) (b) "Contractor" has the meaning given
for "vegetable contractor" 7under s.
100.03 (1) (f) 126.55 (14).
SB55-SSA1-CA1, s. 2415
8Section 2415. 100.235 (1) (em) of the statutes is renumbered 100.235 (1) (dm)
9and amended to read:
SB55-SSA1-CA1,477,1110
100.235
(1) (dm) "
Registration
License year" has the meaning given under s.
11100.03 (1) (y) 126.55 (10m).
SB55-SSA1-CA1,477,2113
100.235
(2) Contractor may not pay producer less than contractor's cost to
14grow. If a contractor and the contractor's affiliates and subsidiaries collectively grow
15more than 10% of the acreage of any vegetable species grown and procured by the
16contractor in any
registration license year, the contractor shall pay a producer, for
17vegetables of that species tendered or delivered under a vegetable procurement
18contract, a price not less than the contractor's cost to grow that vegetable species in
19the same growing region. For vegetables contracted on a tonnage basis and for
20open-market tonnage purchased, acreage under this subsection shall be determined
21using the state average yield per acre during the preceding
registration license year.
SB55-SSA1-CA1,478,12
1100.235
(4) Cost to grow; report to department upon request. If the
2department determines that a contractor and the contractor's affiliates and
3subsidiaries will collectively grow more than 10% of the acreage of any vegetable
4species grown and procured by the contractor during a
registration license year, the
5department may require the contractor to file a statement of the contractor's cost to
6grow that vegetable species. The contractor shall file the report with the department
7within 30 days after the department makes its request, unless the department
8grants an extension of time. The department may permit the contractor to report
9different costs to grow for different growing regions if the contractor can define the
10growing regions to the department's satisfaction, and can show to the department's
11satisfaction that the contractor's costs to grow are substantially different between
12the growing regions.
SB55-SSA1-CA1,478,1714
100.26
(5) Any person violating
s. 100.06 or any order or regulation of the
15department thereunder, or s. 100.18 (9)
, shall be fined not less than $100 nor more
16than $1,000 or imprisoned for not more than 2 years or both. Each day of violation
17constitutes a separate offense.".
SB55-SSA1-CA1,479,320
100.264
(2) Supplemental forfeiture. (intro.) If a fine or a forfeiture is
21imposed on a person for a violation under s. 100.16, 100.17, 100.18, 100.182, 100.183,
22100.20, 100.205, 100.207, 100.21, 100.30 (3), 100.35, 100.44
or, 100.46
, or 100.52 (10)
23(b) or a rule promulgated under one of those sections, the person shall be subject to
24a supplemental forfeiture not to exceed $10,000 for that violation if the conduct by
1the defendant, for which the violation was imposed, was perpetrated against an
2elderly person or disabled person and if the court finds that any of the following
3factors is present:".
SB55-SSA1-CA1,479,156
100.30
(5r) Private cause of action; sale of tobacco products. Any person
7who is injured or threatened with injury as a result of a sale or purchase of cigarettes
8or other tobacco products in violation of this section may bring an action against the
9person who violated this section for temporary or permanent injunctive relief or an
10action against the person for 3 times the amount of any monetary loss sustained or
11an amount equal to $2,000, whichever is greater, multiplied by each day of continued
12violation, together with costs, including accounting fees and reasonable attorney
13fees, notwithstanding s. 814.04 (1). An association of cigarette wholesalers may
14bring the action on behalf of the person injured or threatened with injury and be
15entitled to the same relief as the person injured or threatened with injury.".
SB55-SSA1-CA1,479,18
18100.52 (title)
Telephone solicitations.
SB55-SSA1-CA1,479,2020
100.52
(1) (title)
Definitions.
SB55-SSA1-CA1,479,2422
100.52
(1) (a) "Affiliate," when used in relation to any person, means another
23person who owns or controls, is owned or controlled by, or is under common
24ownership or control with such person.
SB55-SSA1-CA1,480,22
100.52
(1) (b) "Basic local exchange service" has the meaning in s. 196.01 (1g).
SB55-SSA1-CA1,480,74
100.52
(1) (c) "Nonprofit organization" means a corporation, association, or
5organization described in section
501 (c) (3), (4), (5), or (19) of the Internal Revenue
6Code that is exempt from taxation under section
501 (a) of the Internal Revenue
7Code.
SB55-SSA1-CA1,480,119
100.52
(1) (d) "Nonresidential customer" means a person, other than a
10residential customer, who is furnished with telecommunications service by a
11telecommunications utility.
SB55-SSA1-CA1,480,1413
100.52
(1) (e) "Nonsolicitation directory" means the directory established in
14rules promulgated by the department under sub. (2) (b).
SB55-SSA1-CA1,480,1816
100.52
(1) (f) "Residential customer" means an individual who is furnished
17with basic local exchange service by a telecommunications utility, but does not
18include an individual who operates a business at his or her residence.
SB55-SSA1-CA1,480,2120
100.52
(1) (g) "Telecommunications service" has the meaning given in s. 196.01
21(9m).
SB55-SSA1-CA1,480,2423
100.52
(1) (h) "Telecommunications utility" has the meaning given in s. 196.01
24(10).
SB55-SSA1-CA1,481,3
1100.52
(1) (j) "Telephone solicitor" means a person, other than a nonprofit
2organization or an employee or contractor of a nonprofit organization, that employs
3or contracts with an individual to make a telephone solicitation.
SB55-SSA1-CA1,481,85
100.52
(2) Nonsolicitation directory listing. (a) Upon a request by a
6residential customer, the department shall include in the nonsolicitation directory
7a listing indicating that the residential customer does not want to receive any
8telephone solicitation made on behalf of a telephone solicitor.
SB55-SSA1-CA1,481,189
(b) The department shall promulgate rules for establishing, maintaining, and
10semiannually updating a directory that includes listings of residential customers
11who do not wish to receive telephone solicitations made on behalf of telephone
12solicitors. The rules promulgated under this paragraph shall establish requirements
13and procedures for a residential customer to request a listing in the directory. The
14rules shall also require a residential customer who requests a listing in the directory
15to notify the department on a biennial basis if the residential customer wishes to
16continue to be included in the directory. The department shall eliminate a
17residential customer from the directory if the customer does not make the biennial
18notification.
SB55-SSA1-CA1,481,2219
(c) Except for copies of the nonsolicitation directory that are provided to
20registered telephone solicitors under par. (d), the nonsolicitation directory is not
21subject to inspection, copying, or receipt under s. 19.35 (1) and may not be released
22by the department.
SB55-SSA1-CA1,482,623
(d) The department shall, on a semiannual basis, make the nonsolicitation
24directory available by electronic transmission only to telephone solicitors who are
25registered under sub. (3). Upon the request of a telephone solicitor registered under
1sub. (3), the department shall also provide a printed copy of the nonsolicitation
2directory to the telephone solicitor. A telephone solicitor who receives a copy of the
3directory, or to whom the directory is made available by electronic transmission,
4under this paragraph may not solicit or accept from any person, directly or indirectly,
5anything of value in exchange for providing the person with any information
6included in the copy.
SB55-SSA1-CA1,482,198
100.52
(3) Registration of telephone solicitors. (a) The department shall
9promulgate rules that require any telephone solicitor who requires an employee or
10contractor to make a telephone solicitation to a residential customer in this state to
11register with the department, obtain a registration number from the department,
12and pay a registration fee to the department. The amount of the registration fee shall
13be based on the cost of establishing the nonsolicitation directory, and the amount that
14an individual telephone solicitor is required to pay shall be based on the number of
15telephone lines used by the telephone solicitor to make telephone solicitations. The
16rules shall also require a telephone solicitor that registers with the department to
17pay an annual registration renewal fee to the department. The amount of the
18registration renewal fee shall be based on the cost of maintaining the nonsolicitation
19directory.
SB55-SSA1-CA1,482,2220
(b) The department shall promulgate rules that require an individual who
21makes a telephone solicitation on behalf of a telephone solicitor to identify at the
22beginning of the telephone conversation each of the following:
SB55-SSA1-CA1,482,2323
1. The telephone solicitor.
SB55-SSA1-CA1,483,224
2. If different than the telephone solicitor, the person selling the property,
25goods, or services, or receiving the contribution, donation, grant, or pledge of money,
1credit, property, or other thing of any kind, that is the reason for the telephone
2solicitation.
SB55-SSA1-CA1,483,44
100.52
(4) (title)
Telephone solicitor requirements.
SB55-SSA1-CA1,483,86
100.52
(4) (a) 2. Make a telephone solicitation to a residential customer if the
7nonsolicitation directory that is provided or made available to the telephone solicitor
8under sub. (2) (d) includes a listing for the residential customer.
SB55-SSA1-CA1,483,119
3. Make a telephone solicitation to a nonresidential customer if the
10nonresidential customer has provided notice by mail to the telephone solicitor that
11the nonresidential customer does not wish to receive telephone solicitations.
SB55-SSA1-CA1,483,1313
100.52
(4) (b) A telephone solicitor may not do any of the following:
SB55-SSA1-CA1,483,1614
1. Require an employee or contractor to make a telephone solicitation to a
15person in this state unless the telephone solicitor is registered with the department
16under the rules promulgated under sub. (3) (a).
