Amendment AA27-SB44

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2003 - 2004 LEGISLATURE

ASSEMBLY AMENDMENT 27, TO 2003 SENATE BILL 44

June 19, 2003 - Offered by Representative Krug.

SB44-AA27,1,2 At the locations indicated, amend the bill , as shown by senate substitute amendment 1, as follows:

SB44-AA27,1,3 1. Page 29, line 13: after that line insert:

SB44-AA27,1,4 " Section 99m. 15.13 of the statutes is amended to read:

SB44-AA27,1,11 15.13 Department of agriculture, trade and consumer protection; creation. There is created a department of agriculture, trade and consumer protection under the direction and supervision of the board of agriculture, trade and consumer protection. The board shall consist of 7 9 members with an agricultural background and 2 members who are consumer representatives, appointed for staggered 6-year terms. Appointments to the board shall be made without regard to party affiliation, residence or interest in any special organized group.

SB44-AA27, s. 99p Section 99p. 15.137 (1) (a) (intro.) of the statutes is amended to read:

SB44-AA27,2,4 15.137 (1) (a) (intro.) There is created in the department of agriculture, trade and consumer protection an agricultural producer security council consisting of the following members appointed by the secretary of agriculture, trade, and rural resources for 3-year terms:".

SB44-AA27,2,6 2. Page 97, line 6: delete " and rural resources" and substitute "and rural resources".

SB44-AA27,2,13 3. Page 97, line 11: decrease the dollar amount for fiscal year 2003-04 by $1,445,400 and decrease the dollar amount for fiscal year 2004-05 by $1,445,400 to reflect the transfer of certain consumer information programs, functions, and enforcement activities to the department of justice and to decrease the authorized FTE positions of the department of agriculture, trade and rural resources by 26.35 GPR positions related to the transferred programs, functions, and activities, and adjust the NET APPROPRIATION totals accordingly.

SB44-AA27,2,19 4. Page 97, line 20: decrease the dollar amount for fiscal year 2003-04 by $21,000 and decrease the dollar amount for fiscal year 2004-05 by $21,000 to reflect the transfer of certain consumer information programs, functions, and enforcement activities to the department of justice and to decrease the authorized FTE positions of the department of agriculture, trade and rural resources by 0.20 PR position related to the transferred programs, functions, and activities.

SB44-AA27,3,2 5. Page 97, line 22: decrease the dollar amount for fiscal year 2003-04 by $31,100 and decrease the dollar amount for fiscal year 2004-05 by $31,100 to reflect the transfer of certain consumer information programs, functions, and enforcement activities to the department of justice and to decrease the authorized FTE positions of the department of agriculture, trade and rural resources by 0.30 PR position related to the transferred programs, functions, and activities.

SB44-AA27,3,3 6. Page 98, line 4: delete that line.

SB44-AA27,3,4 7. Page 102, line 13: delete that line.

SB44-AA27,3,8 8. Page 195, line 13: increase the dollar amount for fiscal year 2003-04 by $561,400 and increase the dollar amount for fiscal year 2004-05 by $542,400 to increase funding for the personal needs allowance under section 49.45 (7) (a) of the statutes, as affected by this act.

SB44-AA27,3,10 9. Page 213, line 13: delete "and regulatory services" and substitute " and regulatory services".

SB44-AA27,3,16 10. Page 213, line 14: increase the dollar amount for fiscal year 2003-04 by $1,563,800 and increase the dollar amount for fiscal year 2004-05 by $1,463,800 to reflect the transfer of certain consumer information programs, functions, and enforcement activities to the department of justice and to increase the authorized FTE positions of the department of justice by 26.0 GPR positions related to transferred programs, functions, and activities.

SB44-AA27,3,17 11. Page 214, line 3: delete lines 3 and 4 and substitute: - See PDF for table

SB44-AA27,3,18 12. Page 214, line 6: after that line insert: - See PDF for table

SB44-AA27,3,19 13. Page 278, line 2: delete lines 2 to 6 and substitute:

SB44-AA27,3,20 " Section 287q. 20.115 (1) (hm) of the statutes is amended to read:

SB44-AA27,4,6 20.115 (1) (hm) Ozone-depleting refrigerants and products regulation. The amounts in the schedule for administration of the mobile air conditioner servicing and refrigerant recycling programs and for responsibilities under ss. s. 100.45 and 100.50 relating to sales and labeling of products containing or made with ozone-depleting substances. All moneys received from fees under s. 100.45 (5) (a) 3. and (5m) shall be credited to this appropriation.".

SB44-AA27,4,8 14. Page 278, line 12: delete the material beginning with that line and ending with page 279, line 2, and substitute:

SB44-AA27,4,9 " Section 291m. 20.115 (8) (jm) of the statutes is repealed.".

SB44-AA27,4,10 15. Page 339, line 1: after that line insert:

SB44-AA27,4,11 " Section 555g. 20.455 (1) (title) of the statutes is amended to read:

SB44-AA27,4,12 20.455 (1) (title) Legal and regulatory services.

SB44-AA27, s. 555j Section 555j. 20.455 (1) (g) of the statutes is created to read:

SB44-AA27,4,17 20.455 (1) (g) Consumer protection, information, and education. The amounts in the schedule for consumer protection and consumer information and education. All moneys received under s. 100.261 (3) (d) shall be credited to this appropriation account, subject to the limit under s. 100.261 (3) (e).

SB44-AA27, s. 555m Section 555m. 20.455 (1) (j) of the statutes is created to read:

SB44-AA27,4,22 20.455 (1) (j) Telephone solicitation regulation. All moneys received from telephone solicitor registration and registration renewal fees paid under the rules promulgated under s. 100.52 (3) (a) for establishing and maintaining the nonsolicitation directory under s. 100.52 (2).".

SB44-AA27,4,23 16. Page 532, line 24: after that line insert:

SB44-AA27,4,24 " Section 1370m. 49.45 (7) (a) of the statutes is amended to read:

SB44-AA27,5,9 49.45 (7) (a) A recipient who is a patient in a public medical institution or an accommodated person and has a monthly income exceeding the payment rates established under 42 USC 1382 (e) may retain $45 $50 unearned income or the amount of any pension paid under 38 USC 3203 (f) 38 USC 5503 (d), whichever is greater, per month for personal needs. Except as provided in s. 49.455 (4) (a), the recipient shall apply income in excess of $45 $50 or the amount of any pension paid under 38 USC 3203 (f) 38 USC 5503 (d), whichever is greater, less any amount deducted under rules promulgated by the department, toward the cost of care in the facility.".

SB44-AA27,5,10 17. Page 742, line 7: after that line insert:

SB44-AA27,5,11 " Section 1735g. 93.07 (1) of the statutes is amended to read:

SB44-AA27,5,17 93.07 (1) Regulations. To make and enforce such regulations, not inconsistent with law, as it may deem necessary for the exercise and discharge of all of the powers and duties of the department, and to adopt such measures and make such regulations as are necessary and proper for the enforcement by the state of department to carry out its duties and powers under chs. 93 to 100, which regulations shall have the force of law.

SB44-AA27, s. 1735h Section 1735h. 93.07 (23) of the statutes is created to read:

SB44-AA27,5,21 93.07 (23) Consumer protection administration. To administer ss. 100.01 to 100.14, 100.183 to 100.19, 100.201, 100.202, 100.206, 100.21 to 100.24, 100.265, 100.27, 100.285 to 100.30, 100.33 to 100.36, 100.45, 100.47, 100.48, and 100.51.

SB44-AA27, s. 1735j Section 1735j. 93.07 (24) of the statutes is amended to read:

SB44-AA27,6,3 93.07 (24) Enforcement of laws. To enforce or assist in the enforcement of chs. 88 and 93 to 99, those laws under ch. 100 administered by the department, and all other laws entrusted to its administration, and especially:

SB44-AA27,6,6 (a) To enforce the laws administered by the department regarding the production, manufacture and sale, offering or exposing for sale or having in possession with intent to sell, of any dairy, food or drug product.

SB44-AA27,6,8 (b) To enforce the laws administered by the department regarding the adulteration or misbranding of any articles of food, drink, condiment or drug.

SB44-AA27,6,13 (c) To inspect any milk, butter, cheese, lard, syrup, coffee, tea or other article of food, drink, condiment or drug made or offered for sale within this state which it may suspect or have reason to believe, under the laws administered by the department, to be impure, unhealthful, misbranded, adulterated or counterfeit, or in any way unlawful.

SB44-AA27,6,18 (d) To prosecute or cause to be prosecuted, under the laws administered by the department, any person engaged in the manufacture or sale, offering or exposing for sale or having in possession with intent to sell, of any adulterated dairy product or of any adulterated, misbranded, counterfeit, or otherwise unlawful article or articles of food, drink, condiment or drug.

SB44-AA27, s. 1735k Section 1735k. 93.18 (3) of the statutes is amended to read:

SB44-AA27,7,6 93.18 (3) The department of justice, after acting pursuant to s. 100.37 or 100.41 to 100.43 to order the sale or distribution of any substance, article, furnishing, fabric, product or related material ceased, shall give written notice of its finding to the manufacturer, seller or other person responsible for placing the item in the channels of trade in this state. After such notice no person may sell, remove or otherwise dispose of such item except as directed by the department of justice. Any person affected by such notice may demand a prompt hearing to determine the validity of the department's findings of the department of justice. The hearing, if requested, shall be held as expeditiously as possible but not later than 30 days after notice. A request for hearing does not operate to stay enforcement of the order during the pendency of the hearing. The person petitioning for a hearing shall be entitled to the same rights specified under sub. (2).

SB44-AA27, s. 1735m Section 1735m. 93.18 (7) of the statutes is created to read: