Amendment CA1-SSA1-SB55

SB55-SSA1-CA1, s. 2401 Section 2401. 97.20 (3m) of the statutes is amended to read:

SB55-SSA1-CA1,475,2 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-SSA1-CA1, s. 2402 Section 2402. 97.22 (10) of the statutes is amended to read:

SB55-SSA1-CA1,475,9 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-SSA1-CA1, s. 2403 Section 2403. 97.29 (4) of the statutes is amended to read:

SB55-SSA1-CA1,475,20 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-SSA1-CA1,475,21 1149. Page 889, line 1: after that line insert:

SB55-SSA1-CA1,475,23 " Section 2404. 100.03 of the statutes, as affected by 2001 Wisconsin Act .... (this act), is repealed.

SB55-SSA1-CA1, s. 2405 Section 2405. 100.06 of the statutes, as affected by 2001 Wisconsin Act .... (this act), is repealed.".

SB55-SSA1-CA1,476,3 1150. Page 889, line 1: after that line insert:

SB55-SSA1-CA1,476,4 " Section 2404g. 100.03 (1) (bm) of the statutes is amended to read:

SB55-SSA1-CA1,476,10 100.03 (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-SSA1-CA1, s. 2404r Section 2404r. 100.03 (1) (ym) 2. of the statutes is amended to read:

SB55-SSA1-CA1,476,14 100.03 (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-SSA1-CA1, s. 2405m Section 2405m. 100.06 (1g) (c) of the statutes is amended to read:

SB55-SSA1-CA1,477,3 100.06 (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-SSA1-CA1,477,4 1151. Page 889, line 8: after that line insert:

SB55-SSA1-CA1,477,5 " Section 2414. 100.235 (1) (b) of the statutes is amended to read:

SB55-SSA1-CA1,477,7 100.235 (1) (b) "Contractor" has the meaning given for "vegetable contractor" under s. 100.03 (1) (f) 126.55 (14).

SB55-SSA1-CA1, s. 2415 Section 2415. 100.235 (1) (em) of the statutes is renumbered 100.235 (1) (dm) and amended to read:

SB55-SSA1-CA1,477,11 100.235 (1) (dm) "Registration License year" has the meaning given under s. 100.03 (1) (y) 126.55 (10m).

SB55-SSA1-CA1, s. 2416 Section 2416. 100.235 (2) of the statutes is amended to read:

SB55-SSA1-CA1,477,21 100.235 (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-SSA1-CA1, s. 2417 Section 2417. 100.235 (3) of the statutes is repealed.

SB55-SSA1-CA1, s. 2418 Section 2418. 100.235 (4) of the statutes is amended to read:

SB55-SSA1-CA1,478,12 100.235 (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-SSA1-CA1, s. 2420 Section 2420. 100.26 (5) of the statutes is amended to read:

SB55-SSA1-CA1,478,17 100.26 (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-SSA1-CA1,478,18 1152. Page 890, line 16: after that line insert:

SB55-SSA1-CA1,478,19 " Section 2429d. 100.264 (2) (intro.) of the statutes is amended to read:

SB55-SSA1-CA1,479,3 100.264 (2) Supplemental forfeiture. (intro.) If a fine or a forfeiture is imposed on a person for a violation under s. 100.16, 100.17, 100.18, 100.182, 100.183, 100.20, 100.205, 100.207, 100.21, 100.30 (3), 100.35, 100.44 or, 100.46, or 100.52 (10) (b) or a rule promulgated under one of those sections, the person shall be subject to a supplemental forfeiture not to exceed $10,000 for that violation if the conduct by the defendant, for which the violation was imposed, was perpetrated against an elderly person or disabled person and if the court finds that any of the following factors is present:".

SB55-SSA1-CA1,479,4 1153. Page 890, line 16: after that line insert:

SB55-SSA1-CA1,479,5 " Section 2430L. 100.30 (5r) of the statutes is created to read:

SB55-SSA1-CA1,479,15 100.30 (5r) Private cause of action; sale of tobacco products. Any person who is injured or threatened with injury as a result of a sale or purchase of cigarettes or other tobacco products in violation of this section may bring an action against the person who violated this section for temporary or permanent injunctive relief or an action against the person for 3 times the amount of any monetary loss sustained or an amount equal to $2,000, whichever is greater, multiplied by each day of continued violation, together with costs, including accounting fees and reasonable attorney fees, notwithstanding s. 814.04 (1). An association of cigarette wholesalers may bring the action on behalf of the person injured or threatened with injury and be entitled to the same relief as the person injured or threatened with injury.".

SB55-SSA1-CA1,479,16 1154. Page 890, line 25: after that line insert:

SB55-SSA1-CA1,479,17 " Section 2435. 100.52 (title) of the statutes is created to read:

SB55-SSA1-CA1,479,18 100.52 (title) Telephone solicitations.

SB55-SSA1-CA1, s. 2436 Section 2436. 100.52 (1) (title) of the statutes is created to read:

SB55-SSA1-CA1,479,20 100.52 (1) (title) Definitions.

SB55-SSA1-CA1, s. 2437b Section 2437b. 100.52 (1) (a) of the statutes is created to read:

SB55-SSA1-CA1,479,24 100.52 (1) (a) "Affiliate," when used in relation to any person, means another person who owns or controls, is owned or controlled by, or is under common ownership or control with such person.

SB55-SSA1-CA1, s. 2438b Section 2438b. 100.52 (1) (b) of the statutes is created to read:

SB55-SSA1-CA1,480,2 100.52 (1) (b) "Basic local exchange service" has the meaning in s. 196.01 (1g).

SB55-SSA1-CA1, s. 2439b Section 2439b. 100.52 (1) (c) of the statutes is created to read:

SB55-SSA1-CA1,480,7 100.52 (1) (c) "Nonprofit organization" means a corporation, association, or organization described in section 501 (c) (3), (4), (5), or (19) of the Internal Revenue Code that is exempt from taxation under section 501 (a) of the Internal Revenue Code.

SB55-SSA1-CA1, s. 2440b Section 2440b. 100.52 (1) (d) of the statutes is created to read:

SB55-SSA1-CA1,480,11 100.52 (1) (d) "Nonresidential customer" means a person, other than a residential customer, who is furnished with telecommunications service by a telecommunications utility.

SB55-SSA1-CA1, s. 2440d Section 2440d. 100.52 (1) (e) of the statutes is created to read:

SB55-SSA1-CA1,480,14 100.52 (1) (e) "Nonsolicitation directory" means the directory established in rules promulgated by the department under sub. (2) (b).

SB55-SSA1-CA1, s. 2440f Section 2440f. 100.52 (1) (f) of the statutes is created to read:

SB55-SSA1-CA1,480,18 100.52 (1) (f) "Residential customer" means an individual who is furnished with basic local exchange service by a telecommunications utility, but does not include an individual who operates a business at his or her residence.

SB55-SSA1-CA1, s. 2440h Section 2440h. 100.52 (1) (g) of the statutes is created to read:

SB55-SSA1-CA1,480,21 100.52 (1) (g) "Telecommunications service" has the meaning given in s. 196.01 (9m).

SB55-SSA1-CA1, s. 2440j Section 2440j. 100.52 (1) (h) of the statutes is created to read:

SB55-SSA1-CA1,480,24 100.52 (1) (h) "Telecommunications utility" has the meaning given in s. 196.01 (10).

SB55-SSA1-CA1, s. 2440L Section 2440L. 100.52 (1) (j) of the statutes is created to read:

SB55-SSA1-CA1,481,3 100.52 (1) (j) "Telephone solicitor" means a person, other than a nonprofit organization or an employee or contractor of a nonprofit organization, that employs or contracts with an individual to make a telephone solicitation.

SB55-SSA1-CA1, s. 2440n Section 2440n. 100.52 (2) of the statutes is created to read:

SB55-SSA1-CA1,481,8 100.52 (2) Nonsolicitation directory listing. (a) Upon a request by a residential customer, the department shall include in the nonsolicitation directory a listing indicating that the residential customer does not want to receive any telephone solicitation made on behalf of a telephone solicitor.

SB55-SSA1-CA1,481,18 (b) The department shall promulgate rules for establishing, maintaining, and semiannually updating a directory that includes listings of residential customers who do not wish to receive telephone solicitations made on behalf of telephone solicitors. The rules promulgated under this paragraph shall establish requirements and procedures for a residential customer to request a listing in the directory. The rules shall also require a residential customer who requests a listing in the directory to notify the department on a biennial basis if the residential customer wishes to continue to be included in the directory. The department shall eliminate a residential customer from the directory if the customer does not make the biennial notification.

SB55-SSA1-CA1,481,22 (c) Except for copies of the nonsolicitation directory that are provided to registered telephone solicitors under par. (d), the nonsolicitation directory is not subject to inspection, copying, or receipt under s. 19.35 (1) and may not be released by the department.

SB55-SSA1-CA1,482,6 (d) The department shall, on a semiannual basis, make the nonsolicitation directory available by electronic transmission only to telephone solicitors who are registered under sub. (3). Upon the request of a telephone solicitor registered under sub. (3), the department shall also provide a printed copy of the nonsolicitation directory to the telephone solicitor. A telephone solicitor who receives a copy of the directory, or to whom the directory is made available by electronic transmission, under this paragraph may not solicit or accept from any person, directly or indirectly, anything of value in exchange for providing the person with any information included in the copy.

SB55-SSA1-CA1, s. 2441b Section 2441b. 100.52 (3) of the statutes is created to read:

SB55-SSA1-CA1,482,19 100.52 (3) Registration of telephone solicitors. (a) The department shall promulgate rules that require any telephone solicitor who requires an employee or contractor to make a telephone solicitation to a residential customer in this state to register with the department, obtain a registration number from the department, and pay a registration fee to the department. The amount of the registration fee shall be based on the cost of establishing the nonsolicitation directory, and the amount that an individual telephone solicitor is required to pay shall be based on the number of telephone lines used by the telephone solicitor to make telephone solicitations. The rules shall also require a telephone solicitor that registers with the department to pay an annual registration renewal fee to the department. The amount of the registration renewal fee shall be based on the cost of maintaining the nonsolicitation directory.

SB55-SSA1-CA1,482,22 (b) The department shall promulgate rules that require an individual who makes a telephone solicitation on behalf of a telephone solicitor to identify at the beginning of the telephone conversation each of the following:

SB55-SSA1-CA1,482,23 1. The telephone solicitor.

SB55-SSA1-CA1,483,2 2. If different than the telephone solicitor, the person selling the property, goods, or services, or receiving the contribution, donation, grant, or pledge of money, credit, property, or other thing of any kind, that is the reason for the telephone solicitation.

SB55-SSA1-CA1, s. 2442b Section 2442b. 100.52 (4) (title) of the statutes is created to read:

SB55-SSA1-CA1,483,4 100.52 (4) (title) Telephone solicitor requirements.

SB55-SSA1-CA1, s. 2442d Section 2442d. 100.52 (4) (a) 2. and 3. of the statutes are created to read:

SB55-SSA1-CA1,483,8 100.52 (4) (a) 2. Make a telephone solicitation to a residential customer if the nonsolicitation directory that is provided or made available to the telephone solicitor under sub. (2) (d) includes a listing for the residential customer.

SB55-SSA1-CA1,483,11 3. Make a telephone solicitation to a nonresidential customer if the nonresidential customer has provided notice by mail to the telephone solicitor that the nonresidential customer does not wish to receive telephone solicitations.

SB55-SSA1-CA1, s. 2442f Section 2442f. 100.52 (4) (b) of the statutes is created to read:

SB55-SSA1-CA1,483,13 100.52 (4) (b) A telephone solicitor may not do any of the following:

SB55-SSA1-CA1,483,16 1. Require an employee or contractor to make a telephone solicitation to a person in this state unless the telephone solicitor is registered with the department under the rules promulgated under sub. (3) (a).

SB55-SSA1-CA1,483,18 2. Require an employee or contractor to make a telephone solicitation that violates par. (a).

SB55-SSA1-CA1, s. 2442h Section 2442h. 100.52 (4) (c) of the statutes is created to read:

SB55-SSA1-CA1,483,24 100.52 (4) (c) A telephone solicitor or employee or contractor of a telephone solicitor that makes a telephone solicitation to a nonresidential customer shall, upon the request of the nonresidential customer, provide the mailing address for notifying the telephone solicitor that the nonresidential customer does not wish to receive telephone solicitations.

SB55-SSA1-CA1, s. 2443b Section 2443b. 100.52 (5) of the statutes is created to read:

SB55-SSA1-CA1,484,7 100.52 (5) Nonprofit organization requirements. A nonprofit organization or an employee or contractor of a nonprofit organization may not make a telephone solicitation to a residential customer if the residential customer has provided notice by telephone, mail, or facsimile transmission to the nonprofit organization that the residential customer does not wish to receive telephone solicitations. A nonprofit organization may not require an employee or contractor to make a telephone solicitation that violates this subsection.

SB55-SSA1-CA1, s. 2444b Section 2444b. 100.52 (6) of the statutes is created to read:

SB55-SSA1-CA1,484,10 100.52 (6) Exceptions. Subsections (4) (a) 2. and 3. and (5) do not apply to a telephone solicitation that satisfies any of the following:

SB55-SSA1-CA1,484,12 (a) The telephone solicitation is made to a recipient in response to the recipient's express written request for the telephone solicitation.

SB55-SSA1-CA1,484,18 (b) The telephone solicitation is made to a recipient who is a current client of the person selling the property, goods, or services, or receiving the contribution, donation, grant, or pledge of money, credit, property, or other thing of any kind, that is the reason for the telephone solicitation. This paragraph does not apply if the recipient is a current client of an affiliate of such a person, but is not a current client of such a person.

SB55-SSA1-CA1, s. 2445b Section 2445b. 100.52 (7) of the statutes is created to read:

SB55-SSA1-CA1,484,22 100.52 (7) Territorial application. This section applies to any interstate telephone solicitation received by a person in this state and to any intrastate telephone solicitation.

SB55-SSA1-CA1, s. 2446b Section 2446b. 100.52 (8) of the statutes is created to read:

SB55-SSA1-CA1,485,3 100.52 (8) Private cause of action. Any person who suffers damages as the result of another person violating this section may bring an action against the person who violated this section to recover the amount of those damages.

SB55-SSA1-CA1, s. 2446d Section 2446d. 100.52 (9) of the statutes is created to read: