Amendment SA113-SSA1-SB44

SB44-SSA1-SA113,2,6 2. Page 97, line 6: delete "and rural resources" and substitute "and rural resources".

SB44-SSA1-SA113,2,13 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-SSA1-SA113,2,19 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-SSA1-SA113,3,2 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-SSA1-SA113,3,3 6. Page 98, line 4: delete that line.

SB44-SSA1-SA113,3,4 7. Page 102, line 13: delete that line.

SB44-SSA1-SA113,3,7 8. Page 125, line 13: increase the dollar amount for fiscal year 2003-04 by $50,000,000 and increase the dollar amount for fiscal year 2004-05 by $50,000,000 to increase funding for the purpose for which the appropriation is made.

SB44-SSA1-SA113,3,10 9. Page 131, line 3: decrease the dollar amount for fiscal year 2003-04 by $25,000,000 and decrease the dollar amount for fiscal year 2004-05 by $25,000,000 to decrease funding for the purpose for which the appropriation is made.

SB44-SSA1-SA113,3,13 10. Page 195, line 13: decrease the dollar amount for fiscal year 2003-04 by $50,000,000 and decrease the dollar amount for fiscal year 2004-05 by $50,000,000 to decrease funding for the purposes for which the appropriation is made.

SB44-SSA1-SA113,3,16 11. Page 195, line 13: decrease the dollar amount for fiscal year 2003-04 by $46,000,000 and decrease the dollar amount for fiscal year 2004-05 by $25,000,000 to decrease funding for the purposes for which the appropriation is made.

SB44-SSA1-SA113,3,21 12. Page 195, line 17: increase the dollar amount for fiscal year 2003-04 by $419,200 and increase the dollar amount for fiscal year 2004-05 by $410,700 for the purpose of restoring the amount of the enrollment fee for the prescription drug assistance program under section 49.688 (3) (a) of the statutes to the amount specified under section 49.688 (3) (a), 2001 stats.

SB44-SSA1-SA113,4,4 13. Page 196, line 2: increase the dollar amount for fiscal year 2003-04 by $8,327,400 and increase the dollar amount for fiscal year 2004-05 by $11,878,600 for the purpose of restoring the amounts of the deductible and copayment for the prescription drug assistance program under section 49.688 (3) (b) 1. and 2. b. and (c) 2. of the statutes to the amounts specified under section 49.688 (3) (b) 1. and 2. b. and (c) 2., 2001 stats.

SB44-SSA1-SA113,4,7 14. Page 198, line 17: increase the dollar amount for fiscal year 2003-04 by $50,000,000 and increase the dollar amount for fiscal year 2004-05 by $50,000,000 to increase funding for the purposes for which the appropriation is made.

SB44-SSA1-SA113,4,10 15. Page 198, line 17: increase the dollar amount for fiscal year 2003-04 by $46,000,000 and increase the dollar amount for fiscal year 2004-05 by $25,000,000 to increase funding for the purposes for which the appropriation is made.

SB44-SSA1-SA113,4,12 16. Page 213, line 13: delete "and regulatory services" and substitute "and regulatory services".

SB44-SSA1-SA113,4,18 17. 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-SSA1-SA113,4,19 18. Page 214, line 3: delete lines 3 and 4 and substitute: - See PDF for table

SB44-SSA1-SA113,4,20 19. Page 214, line 6: after that line insert: - See PDF for table

SB44-SSA1-SA113,5,3 20. Page 214, line 13: decrease the dollar amount for fiscal year 2003-04 by $50,000 and decrease the dollar amount for fiscal year 2004-05 by $50,000 to decrease funding for the hotline for reporting dangerous weapons in schools.

SB44-SSA1-SA113,5,4 21. Page 278, line 2: delete lines 2 to 6 and substitute:

SB44-SSA1-SA113,5,5 " Section 287q. 20.115 (1) (hm) of the statutes is amended to read:

SB44-SSA1-SA113,5,11 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-SSA1-SA113,5,13 22. Page 278, line 12: delete the material beginning with that line and ending with page 279, line 2, and substitute:

SB44-SSA1-SA113,5,14 " Section 291m. 20.115 (8) (jm) of the statutes is repealed.".

SB44-SSA1-SA113,5,15 23. Page 285, line 17: delete lines 17 to 21.

SB44-SSA1-SA113,5,16 24. Page 339, line 1: after that line insert:

SB44-SSA1-SA113,5,17 " Section 555g. 20.455 (1) (title) of the statutes is amended to read:

SB44-SSA1-SA113,5,18 20.455 (1) (title) Legal and regulatory services.

SB44-SSA1-SA113, s. 555j Section 555j. 20.455 (1) (g) of the statutes is created to read:

SB44-SSA1-SA113,5,23 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-SSA1-SA113, s. 555m Section 555m. 20.455 (1) (j) of the statutes is created to read:

SB44-SSA1-SA113,6,4 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-SSA1-SA113,6,5 25. Page 415, line 22: after that line insert:

SB44-SSA1-SA113,6,6 " Section 865d. 25.77 (2m) of the statutes is created to read:

SB44-SSA1-SA113,6,7 25.77 (2m) All moneys transferred from the patients compensation fund.".

SB44-SSA1-SA113,6,9 26. Page 556, line 17: delete the material beginning with that line and ending with page 557, line 8.

SB44-SSA1-SA113,6,10 27. Page 557, line 13: delete lines 13 to 17.

SB44-SSA1-SA113,6,11 28. Page 742, line 7: after that line insert:

SB44-SSA1-SA113,6,12 " Section 1735g. 93.07 (1) of the statutes is amended to read:

SB44-SSA1-SA113,6,18 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-SSA1-SA113, s. 1735h Section 1735h. 93.07 (23) of the statutes is created to read:

SB44-SSA1-SA113,6,22 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-SSA1-SA113, s. 1735j Section 1735j. 93.07 (24) of the statutes is amended to read:

SB44-SSA1-SA113,7,3 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-SSA1-SA113,7,6 (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-SSA1-SA113,7,8 (b) To enforce the laws administered by the department regarding the adulteration or misbranding of any articles of food, drink, condiment or drug.

SB44-SSA1-SA113,7,13 (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-SSA1-SA113,7,18 (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-SSA1-SA113, s. 1735k Section 1735k. 93.18 (3) of the statutes is amended to read:

SB44-SSA1-SA113,8,6 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-SSA1-SA113, s. 1735m Section 1735m. 93.18 (7) of the statutes is created to read:

SB44-SSA1-SA113,8,10 93.18 (7) The department of justice shall follow the procedures under subs. (1), (2), (4), (5), and (6) in enforcing the provisions of ch. 100 that are administered by the department of justice.

SB44-SSA1-SA113, s. 1735p Section 1735p. 93.20 (1) of the statutes is amended to read:

SB44-SSA1-SA113,8,15 93.20 (1) Definition. In this section, "action" means an action that is commenced in court by, or on behalf of, the department of agriculture, trade and consumer protection to enforce chs. 88, 91 to 100 or 126 or an action that is commenced in court by the department of justice to enforce ch. 100.

SB44-SSA1-SA113, s. 1735q Section 1735q. 93.22 (1) of the statutes is amended to read:

SB44-SSA1-SA113,8,18 93.22 (1) In cases arising under chs. 88 and 93 to 100 99 and ss. 100.206, 100.21, 100.30, and 100.51, the department may be represented by its attorney.

SB44-SSA1-SA113, s. 1735r Section 1735r. 93.22 (2) of the statutes is amended to read:

SB44-SSA1-SA113,8,23 93.22 (2) The department may, with the approval of the governor, appoint special counsel to prosecute or assist in the prosecution of any case arising under chs. 88 and 93 to 100 99 and ss. 100.206, 100.21, 100.30, and 100.51. The cost of such special counsel shall be charged to the appropriation for the department.".

SB44-SSA1-SA113,8,24 29. Page 751, line 25: after that line insert:

SB44-SSA1-SA113,9,1 " Section 1760c. 100.07 (6) of the statutes is amended to read:

SB44-SSA1-SA113,9,5 100.07 (6) Action Upon request of the department of agriculture, trade, and rural resources, an action to enjoin violation of this section may be commenced and prosecuted by the department of justice in the name of the state in any court having equity jurisdiction.

SB44-SSA1-SA113, s. 1760d Section 1760d. 100.171 (7) (b) of the statutes, as affected by 2001 Wisconsin Act 109, section 263, is amended to read:

SB44-SSA1-SA113,9,11 100.171 (7) (b) Whoever intentionally violates this section is guilty of a Class I felony. A person intentionally violates this section if the violation occurs after the department of justice or a district attorney has notified the person by certified mail that the person is in violation of this section.

SB44-SSA1-SA113, s. 1760e Section 1760e. 100.171 (8) (intro.) of the statutes is amended to read:

SB44-SSA1-SA113,9,15 100.171 (8) Enforcement. (intro.) The department of justice shall investigate violations of this section. The department of justice or any district attorney may on behalf of the state:

SB44-SSA1-SA113, s. 1760f Section 1760f. 100.173 (4) (intro.) of the statutes is amended to read:

SB44-SSA1-SA113,9,19 100.173 (4) (intro.) The department of justice shall investigate violations of this section. The department of justice, or any district attorney upon informing the department of justice, may, on behalf of the state, do any of the following:

SB44-SSA1-SA113, s. 1760g Section 1760g. 100.173 (4) (a) of the statutes is amended to read:

SB44-SSA1-SA113,9,25 100.173 (4) (a) Bring an action for temporary or permanent injunctive relief in any court of competent jurisdiction for any violation of this section. The relief sought by the department of justice or district attorney may include the payment by a promoter into an escrow account of an amount estimated to be sufficient to pay for ticket refunds. The court may, upon entry of final judgment, award restitution when appropriate to any person suffering loss because of violations of this section if proof of such loss is submitted to the satisfaction of the court.

SB44-SSA1-SA113, s. 1760h Section 1760h. 100.174 (5) (intro.) of the statutes is amended to read:

SB44-SSA1-SA113,10,5 100.174 (5) (intro.) The department of justice or any district attorney may on behalf of the state:

SB44-SSA1-SA113, s. 1760i Section 1760i. 100.174 (6) of the statutes is amended to read:

SB44-SSA1-SA113,10,8 100.174 (6) The department of justice shall investigate violations of and enforce this section.

SB44-SSA1-SA113, s. 1760j Section 1760j. 100.175 (5) (a) (intro.) of the statutes is amended to read:

SB44-SSA1-SA113,10,15 100.175 (5) (a) (intro.) No person may collect or by contract require a buyer to pay more than $100 for dating services before the buyer receives or has the opportunity to receive those services unless the person selling dating services establishes proof of financial responsibility by maintaining any of the following commitments approved by the department of justice in an amount not less than $25,000:

SB44-SSA1-SA113, s. 1760k Section 1760k. 100.175 (5) (b) of the statutes is amended to read:

SB44-SSA1-SA113,10,22 100.175 (5) (b) The commitment described in par. (a) shall be established in favor of or made payable to the state, for the benefit of any buyer who does not receive a refund under the contractual provision described in sub. (3). The person selling dating services shall file with the department of justice any agreement, instrument or other document necessary to enforce the commitment against the person selling dating services or any relevant 3rd party, or both.

SB44-SSA1-SA113, s. 1760m Section 1760m. 100.175 (7) (a) (intro.) of the statutes is amended to read:

SB44-SSA1-SA113,10,25 100.175 (7) (a) (intro.) The department of justice or any district attorney may on behalf of the state:

SB44-SSA1-SA113, s. 1760n Section 1760n. 100.175 (7) (b) of the statutes is amended to read:

SB44-SSA1-SA113,11,5 100.175 (7) (b) The department of justice may bring an action in circuit court to recover on a financial commitment maintained under sub. (5) against a person selling dating services or relevant 3rd party, or both, on behalf of any buyer who does not receive a refund due under the contractual provision described in sub. (3).

SB44-SSA1-SA113, s. 1760p Section 1760p. 100.177 (1) (bm) of the statutes is created to read:

SB44-SSA1-SA113,11,8 100.177 (1) (bm) Notwithstanding s. 93.01 (3), "department" means the department of justice.

SB44-SSA1-SA113, s. 1760q Section 1760q. 100.178 (1) (b) of the statutes is amended to read:

SB44-SSA1-SA113,11,11 100.178 (1) (b) Notwithstanding s. 93.01 (3), "department" means the department of health and family services justice.

SB44-SSA1-SA113, s. 1760r Section 1760r. 100.18 (11) (a) of the statutes is amended to read:

SB44-SSA1-SA113,11,17 100.18 (11) (a) The department of agriculture, trade and consumer protection justice shall enforce this section. Actions to enjoin violation of this section or any regulations thereunder may be commenced and prosecuted by the department of justice in the name of the state in any court having equity jurisdiction. This remedy is not exclusive.

SB44-SSA1-SA113, s. 1760s Section 1760s. 100.18 (11) (b) 3. of the statutes is amended to read:

SB44-SSA1-SA113,11,23 100.18 (11) (b) 3. No action may be commenced under this section more than 3 years after the occurrence of the unlawful act or practice which is the subject of the action. No injunction may be issued under this section which would conflict with general or special orders of the department of justice or any statute, rule or regulation of the United States or of this state.