LRBb0689/1
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2003 - 2004 LEGISLATURE
ASSEMBLY AMENDMENT 27,
TO 2003 SENATE BILL 44
June 19, 2003 - Offered by Representative Krug.
SB44-AA27,1,21
At the locations indicated, amend the
bill
, as shown by senate substitute
2amendment 1, as follows:
SB44-AA27,1,4
4"
Section 99m. 15.13 of the statutes is amended to read:
SB44-AA27,1,11
515.13 Department of agriculture, trade and consumer protection;
6creation. There is created a department of agriculture, trade and consumer
7protection under the direction and supervision of the board of agriculture, trade and
8consumer protection. The board shall consist of
7
9 members with an agricultural
9background
and 2 members who are consumer representatives, appointed for
10staggered 6-year terms. Appointments to the board shall be made without regard
11to party affiliation, residence or interest in any special organized group.
SB44-AA27, s. 99p
12Section 99p. 15.137 (1) (a) (intro.) of the statutes is amended to read:
SB44-AA27,2,4
115.137
(1) (a) (intro.) There is created in the department of agriculture, trade
2and consumer protection an agricultural producer security council consisting of the
3following members appointed by the secretary of agriculture
, trade, and rural
4resources for 3-year terms:".
SB44-AA27,2,13
73. Page 97, line 11: decrease the dollar amount for fiscal year 2003-04 by
8$1,445,400 and decrease the dollar amount for fiscal year 2004-05 by $1,445,400 to
9reflect the transfer of certain consumer information programs, functions, and
10enforcement activities to the department of justice and to decrease the authorized
11FTE positions of the department of agriculture, trade and rural resources by 26.35
12GPR positions related to the transferred programs, functions, and activities, and
13adjust the NET APPROPRIATION totals accordingly.
SB44-AA27,2,19
144. Page 97, line 20: decrease the dollar amount for fiscal year 2003-04 by
15$21,000 and decrease the dollar amount for fiscal year 2004-05 by $21,000 to reflect
16the transfer of certain consumer information programs, functions, and enforcement
17activities to the department of justice and to decrease the authorized FTE positions
18of the department of agriculture, trade and rural resources by 0.20 PR position
19related to the transferred programs, functions, and activities.
SB44-AA27,3,2
205. Page 97, line 22: decrease the dollar amount for fiscal year 2003-04 by
21$31,100 and decrease the dollar amount for fiscal year 2004-05 by $31,100 to reflect
22the transfer of certain consumer information programs, functions, and enforcement
23activities to the department of justice and to decrease the authorized FTE positions
1of the department of agriculture, trade and rural resources by 0.30 PR position
2related to the transferred programs, functions, and activities.
SB44-AA27,3,8
58. Page 195, line 13: increase the dollar amount for fiscal year 2003-04 by
6$561,400 and increase the dollar amount for fiscal year 2004-05 by $542,400 to
7increase funding for the personal needs allowance under section 49.45 (7) (a) of the
8statutes, as affected by this act.
SB44-AA27,3,16
1110. Page 213, line 14: increase the dollar amount for fiscal year 2003-04 by
12$1,563,800 and increase the dollar amount for fiscal year 2004-05 by $1,463,800 to
13reflect the transfer of certain consumer information programs, functions, and
14enforcement activities to the department of justice and to increase the authorized
15FTE positions of the department of justice by 26.0 GPR positions related to
16transferred programs, functions, and activities.
SB44-AA27,3,20
20"
Section 287q. 20.115 (1) (hm) of the statutes is amended to read:
SB44-AA27,4,6
120.115
(1) (hm)
Ozone-depleting refrigerants and products regulation. The
2amounts in the schedule for administration of the mobile air conditioner servicing
3and refrigerant recycling programs and for responsibilities under
ss. s. 100.45
and
4100.50 relating to sales and labeling of products containing or made with
5ozone-depleting substances. All moneys received from fees under s. 100.45 (5) (a)
63. and (5m) shall be credited to this appropriation.".
SB44-AA27,4,9
9"
Section 291m. 20.115 (8) (jm) of the statutes is repealed.".
SB44-AA27,4,11
11"
Section 555g. 20.455 (1) (title) of the statutes is amended to read:
SB44-AA27,4,1212
20.455
(1) (title)
Legal and regulatory services.
SB44-AA27,4,1714
20.455
(1) (g)
Consumer protection, information, and education. The amounts
15in the schedule for consumer protection and consumer information and education.
16All moneys received under s. 100.261 (3) (d) shall be credited to this appropriation
17account, subject to the limit under s. 100.261 (3) (e).
SB44-AA27,4,2219
20.455
(1) (j)
Telephone solicitation regulation. All moneys received from
20telephone solicitor registration and registration renewal fees paid under the rules
21promulgated under s. 100.52 (3) (a) for establishing and maintaining the
22nonsolicitation directory under s. 100.52 (2).".
SB44-AA27,4,24
24"
Section 1370m. 49.45 (7) (a) of the statutes is amended to read:
SB44-AA27,5,9
149.45
(7) (a) A recipient who is a patient in a public medical institution or an
2accommodated person and has a monthly income exceeding the payment rates
3established under
42 USC 1382 (e) may retain
$45
$50 unearned income or the
4amount of any pension paid under
38 USC 3203 (f) 38 USC 5503 (d), whichever is
5greater, per month for personal needs. Except as provided in s. 49.455 (4) (a), the
6recipient shall apply income in excess of
$45 $50 or the amount of any pension paid
7under
38 USC 3203 (f) 38 USC 5503 (d), whichever is greater, less any amount
8deducted under rules promulgated by the department, toward the cost of care in the
9facility.".
SB44-AA27,5,11
11"
Section 1735g. 93.07 (1) of the statutes is amended to read:
SB44-AA27,5,1712
93.07
(1) Regulations. To make and enforce such regulations, not inconsistent
13with law, as it may deem necessary for the exercise and discharge of all
of the powers
14and duties of the department, and to adopt such measures and make such
15regulations as are necessary and proper for the
enforcement by the state of
16department to carry out its duties and powers under chs. 93 to 100
, which regulations
17shall have the force of law.
SB44-AA27,5,2119
93.07
(23) Consumer protection administration. To administer ss. 100.01 to
20100.14, 100.183 to 100.19, 100.201, 100.202, 100.206, 100.21 to 100.24, 100.265,
21100.27, 100.285 to 100.30, 100.33 to 100.36, 100.45, 100.47, 100.48, and 100.51.
SB44-AA27,6,3
193.07
(24) Enforcement of laws. To enforce
or assist in the enforcement of chs.
288 and 93 to
99, those laws under ch. 100
administered by the department, and all
3other laws entrusted to its administration, and especially:
SB44-AA27,6,64
(a) To enforce the laws
administered by the department regarding the
5production, manufacture and sale, offering or exposing for sale or having in
6possession with intent to sell, of any dairy, food or drug product.
SB44-AA27,6,87
(b) To enforce the laws
administered by the department regarding the
8adulteration or misbranding of any articles of food, drink, condiment or drug.
SB44-AA27,6,139
(c) To inspect any milk, butter, cheese, lard, syrup, coffee, tea or other article
10of food, drink, condiment or drug made or offered for sale within this state which it
11may suspect or have reason to believe
, under the laws administered by the
12department, to be impure, unhealthful, misbranded, adulterated or counterfeit, or
13in any way unlawful.
SB44-AA27,6,1814
(d) To prosecute or cause to be prosecuted
, under the laws administered by the
15department, any person engaged in the manufacture or sale, offering or exposing for
16sale or having in possession with intent to sell, of any adulterated dairy product or
17of any adulterated, misbranded, counterfeit, or otherwise unlawful article or articles
18of food, drink, condiment or drug.
SB44-AA27,7,620
93.18
(3) The department
of justice, after acting pursuant to s. 100.37 or 100.41
21to 100.43 to order the sale or distribution of any substance, article, furnishing, fabric,
22product or related material ceased, shall give written notice of its finding to the
23manufacturer, seller or other person responsible for placing the item in the channels
24of trade in this state. After such notice no person may sell, remove or otherwise
25dispose of such item except as directed by the department
of justice. Any person
1affected by such notice may demand a prompt hearing to determine the validity of
2the
department's findings
of the department of justice. The hearing, if requested,
3shall be held as expeditiously as possible but not later than 30 days after notice. A
4request for hearing does not operate to stay enforcement of the order during the
5pendency of the hearing. The person petitioning for a hearing shall be entitled to the
6same rights specified under sub. (2).
SB44-AA27,7,108
93.18
(7) The department of justice shall follow the procedures under subs. (1),
9(2), (4), (5), and (6) in enforcing the provisions of ch. 100 that are administered by the
10department of justice.
SB44-AA27,7,1512
93.20
(1) Definition. In this section, "action" means an action that is
13commenced in court by, or on behalf of, the department of agriculture, trade and
14consumer protection to enforce chs. 88, 91 to 100 or 126
or an action that is
15commenced in court by the department of justice to enforce ch. 100.
SB44-AA27,7,1817
93.22
(1) In cases arising under chs. 88 and 93 to
100 99 and ss. 100.206, 100.21,
18100.30, and 100.51, the department may be represented by its attorney.
SB44-AA27,7,2320
93.22
(2) The department may, with the approval of the governor, appoint
21special counsel to prosecute or assist in the prosecution of any case arising under chs.
2288 and 93 to
100 99 and ss. 100.206, 100.21, 100.30, and 100.51. The cost of such
23special counsel shall be charged to the appropriation for the department.".
SB44-AA27,8,1
1"
Section 1760c. 100.07 (6) of the statutes is amended to read:
SB44-AA27,8,52
100.07
(6) Action Upon request of the department of agriculture, trade, and
3rural resources, an action to enjoin violation of this section may be commenced and
4prosecuted by the department
of justice in the name of the state in any court having
5equity jurisdiction.
SB44-AA27,8,118
100.171
(7) (b) Whoever intentionally violates this section is guilty of a Class
9I felony. A person intentionally violates this section if the violation occurs after the
10department
of justice or a district attorney has notified the person by certified mail
11that the person is in violation of this section.
SB44-AA27,8,1513
100.171
(8) Enforcement. (intro.) The department
of justice shall investigate
14violations of this section. The department
of justice or any district attorney may on
15behalf of the state:
SB44-AA27,8,1917
100.173
(4) (intro.) The department
of justice shall investigate violations of this
18section. The department
of justice, or any district attorney upon informing the
19department
of justice, may, on behalf of the state, do any of the following: