Amendment SSA1-SB21

SB21-SSA1,2595 Section 2595. 85.53 of the statutes is renumbered 51.49, and 51.49 (3), as renumbered, is amended to read:

SB21-SSA1,811,17 51.49 (3) Grants under this section shall be paid from the appropriation under s. 20.395 (5) (jr). The amount of a grant under this section may not exceed 80% of the amount expended by an eligible applicant for services related to the program.

SB21-SSA1,2595d Section 2595d. 86.19 (1h) of the statutes is created to read:

SB21-SSA1,811,22 86.19 (1h) (a) Subject to par. (b), the department shall erect and maintain 2 directional signs along eastbound and westbound I 90/94 and 2 directional signs along the exit ramps that correspond to the signs along the main roadway for the Wisconsin Basketball Coaches Association Hall of Fame in Columbia County.

SB21-SSA1,812,3 (b) Upon receipt of sufficient contributions from interested parties, including any county, city, village, or town, to cover the costs of fabricating, erecting, and maintaining the signs specified in par. (a), the department shall erect and maintain the signs. No state funds, other than from the receipt of contributions under this paragraph, may be expended for the fabrication, erection, or maintenance of the signs.

SB21-SSA1,2595g Section 2595g. 86.19 (1u) of the statutes is created to read:

SB21-SSA1,812,7 86.19 (1u) Notwithstanding sub. (1), the department may erect and maintain directional signs along any highway along the route described in s. 84.10255 (1) to aid navigation to the locations described in s. 84.10255 (2) (b) to (e).

SB21-SSA1,2595k Section 2595k. 86.30 (10) of the statutes is created to read:

SB21-SSA1,812,12 86.30 (10) Appeal of aid calculation. (a) Any county or municipality that believes that information used to calculate the aid payment to the county or municipality was reported in error may submit to the department a request that the information be corrected and the correct aid amount be paid.

SB21-SSA1,812,14 (b) Corrections to transportation aid payments under this subsection shall be paid from the appropriation under s. 20.395 (1) (ar).

SB21-SSA1,812,16 (c) The department shall promulgate rules establishing submission requirements and arbitration procedures for appeals under this subsection.

SB21-SSA1,2595m Section 2595m. 86.31 (4) of the statutes is amended to read:

SB21-SSA1,812,25 86.31 (4) Reimbursement for improvements. All costs of an improvement funded under this section shall be the responsibility of the political subdivision. At the completion of an improvement, the political subdivision may apply to the department for reimbursement of not more than 50% of eligible costs in the manner and form prescribed by the department. Eligible costs for which no reimbursement is made by the department may be paid by the political subdivision from contributions of tribal funds received from federally recognized American Indian tribes or bands in this state.

SB21-SSA1,2595n Section 2595n. 86.31 (6) (i) of the statutes is created to read:

SB21-SSA1,813,4 86.31 (6) (i) Authorization for a political subdivision to apply towards its eligible expenses for which reimbursement is not sought under sub. (4) contributions of tribal funds deriving from any source to the extent allowed under federal law.

SB21-SSA1,2596 Section 2596. 87.305 (1) (intro.) of the statutes is amended to read:

SB21-SSA1,813,12 87.305 (1) Department approval. (intro.) Notwithstanding s. 87.30 or any rule promulgated, order issued or ordinance adopted under that section, the department shall authorize the connection of a sanitary sewer line from the sewerage treatment plant in the city of Prairie du Chien and connection of the public water system of the city of Prairie du Chien to the railroad depot and the Dousman hotel on St. Feriole island and shall authorize historic use of the Dousman hotel as a hotel, as defined under s. 254.61 (3) 97.01 (7), if all of the following conditions are met:

SB21-SSA1,2596g Section 2596g. 88.81 (5) of the statutes is created to read:

SB21-SSA1,813,15 88.81 (5) Subsections (1) to (3) do not apply on or after the effective date of this subsection .... [LRB inserts date].

SB21-SSA1,2596i Section 2596i. 88.815 of the statutes is created to read:

SB21-SSA1,813,21 88.815 Dissolution of suspended drainage districts. (1) If the operations of a drainage district are suspended on the effective date of this subsection .... [LRB inserts date], the department of agriculture, trade and consumer protection shall file a notice with the court having jurisdiction on the matter that the district will be administratively dissolved 36 months after the filing of the notice.

SB21-SSA1,813,25 (2) Upon the filing of a dissolution notice under sub. (1), the court shall provide notice of the dissolution notice to the drainage board. If, at the time of filing of a dissolution notice, any position on the board is vacant, the court shall appoint a successor as provided in s. 88.17 before providing notice to the board.

SB21-SSA1,814,2 (3) Upon receiving notice under sub. (2), the board shall provide notice of the dissolution notice under sub. (1) to the persons specified under s. 88.05 (4) (c).

SB21-SSA1,814,4 (4) Upon request by any owner of land in the district, the board shall do all of the following:

SB21-SSA1,814,5 (a) Fix a time and place of a hearing on the dissolution notice.

SB21-SSA1,814,8 (b) Cause notice of the hearing to be given under s. 88.05 (1) (b) to the persons specified under s. 88.05 (4) (c), the court having jurisdiction on the matter, and the department of agriculture, trade and consumer protection.

SB21-SSA1,814,17 (5) Subject to s. 88.82 (2) and after any hearing held under sub. (4), if the board determines that the public welfare will not be promoted by the reinstatement of district operations, the board shall seek approval of dissolution of the district under s. 88.06. If dissolution is approved, the board shall provide notice of the dissolution to the court having jurisdiction on the matter, the department of agriculture, trade and consumer protection, the zoning administrator of each city, village, town, or county in which the district is located, the county clerk of the county in which the drainage board having jurisdiction of the drainage district is located, and the county treasurer.

SB21-SSA1,814,25 (6) If s. 88.82 (2) is not satisfied, court approval under s. 88.06 is not received, or the board determines that public welfare will be promoted by the reinstatement of district operations, the board shall order the district reinstated. If reinstatement is ordered, the board shall provide notice of the order to the court having jurisdiction on the matter, the department of agriculture, trade and consumer protection, the zoning administrator of each city, village, town, or county in which the district is located, and the county clerk of the county in which the drainage board having jurisdiction of the drainage district is located.

SB21-SSA1,815,5 (7) If no hearing is scheduled under sub. (4), the district is dissolved 36 months after the filing of the notice under sub. (1). If the department of agriculture, trade and consumer protection receives a notice under sub. (4), but does not receive a notice of reinstatement under sub. (5), the district is dissolved 48 months after the filing of the notice under sub. (1).

SB21-SSA1,2597 Section 2597. 89.02 (3d) of the statutes is created to read:

SB21-SSA1,815,8 89.02 (3d) "Department" means the department of agriculture, trade and consumer protection.

SB21-SSA1,2598 Section 2598. 89.063 of the statutes is created to read:

SB21-SSA1,815,16 89.063 Fees. The department shall determine by rule the fees for each initial license, certification, and permit issued under ss. 89.06 and 89.072, and, if applicable, for renewal of the license, certification, or permit, including late fees, based on the department's administrative and enforcement costs under this chapter. The department shall notify the holder of each such license, certification, or permit of any fee adjustment under this subsection that affects that license, certification, or permit holder.

SB21-SSA1,2598m Section 2598m. 89.078 of the statutes is created to read:

SB21-SSA1,815,25 89.078 Background investigations. (1) The examining board may conduct an investigation to determine whether an applicant for a license, certification, or permit issued under s. 89.06 or 89.072 satisfies any of the eligibility requirements specified for the license, certification, or permit, including, subject to ss. 111.321, 111.322, and 111.335, whether the applicant does not have an arrest or conviction record. In conducting an investigation under this subsection, the examining board may require an applicant to provide any information that is necessary for the investigation.

SB21-SSA1,816,6 (2) A person holding a license, certification, or permit issued under s. 89.06 or 89.072 who is convicted of a felony or misdemeanor anywhere shall send a notice of the conviction by 1st class mail to the examining board within 48 hours after the entry of the judgment of conviction. The examining board shall by rule determine what information and documentation the person holding the credential shall include with the written notice.

SB21-SSA1,816,9 (3) The examining board may investigate whether an applicant for or holder of a license, certification, or permit issued under s. 89.06 or 89.072 has been charged with or convicted of a crime.

SB21-SSA1,2599 Section 2599. 89.079 of the statutes is created to read:

SB21-SSA1,816,13 89.079 Unauthorized practice. (1) The department may conduct investigations, hold hearings, and make findings as to whether a person has engaged in a practice or used a title without a credential required under this chapter.

SB21-SSA1,816,17 (2) If, after holding a public hearing, the department determines that a person has engaged in a practice or used a title without a required credential, the department may issue a special order enjoining the person from continuing the practice or use of the title.

SB21-SSA1,816,21 (3) In lieu of holding a public hearing, if the department has reason to believe that a person has engaged in a practice or used a title without a required credential, the department may petition the circuit court for a temporary restraining order or an injunction as provided in ch. 813.

SB21-SSA1,817,2 (4) (a) Any person who violates a special order issued under sub. (2) may be required to forfeit not more than $10,000 for each offense. Each day of continued violation constitutes a separate offense. The attorney general or any district attorney may commence an action in the name of the state to recover a forfeiture under this paragraph.

SB21-SSA1,817,5 (b) Any person who violates a temporary restraining order or an injunction issued by a court upon a petition under sub. (3) may be fined not less than $25 nor more than $5,000 or imprisoned for not more than one year in the county jail or both.

SB21-SSA1,2606 Section 2606. 93.06 (14) of the statutes is created to read:

SB21-SSA1,817,11 93.06 (14) Cooperation and collaborative agreements. Promote cooperation and formal collaborative agreements among any of the following with regard to enforcement of the laws and regulations administered by the department, planning, priority setting, information and data sharing, reporting, resource allocation, funding, service delivery, and jurisdiction:

SB21-SSA1,817,12 (a) This state.

SB21-SSA1,817,13 (b) Local health departments.

SB21-SSA1,817,14 (c) Federally recognized American Indian tribes or bands located in this state.

SB21-SSA1,817,15 (d) The federal Indian health service.

SB21-SSA1,2612 Section 2612. 93.07 (24) (e) of the statutes is created to read:

SB21-SSA1,817,20 93.07 (24) (e) To enforce the laws for the sanitary care of campgrounds and camping resorts, recreational and educational camps, public swimming pools, hotels, tourist rooming houses, vending machine commissaries, vending machines, and other persons or entities subject to regulation by the department.

SB21-SSA1,2613 Section 2613. 93.135 (1) (a) of the statutes is renumbered 93.135 (1) (ag).

SB21-SSA1,2614 Section 2614. 93.135 (1) (ab) of the statutes is created to read:

SB21-SSA1,817,23 93.135 (1) (ab) A license, certification, or permit under ch. 89.

SB21-SSA1,2615 Section 2615. 93.135 (1) (km) of the statutes is amended to read:

SB21-SSA1,817,25 93.135 (1) (km) A license under s. 97.21 (2) or (3).

SB21-SSA1,2616 Section 2616. 93.135 (1) (ng) of the statutes is created to read:

SB21-SSA1,818,2 93.135 (1) (ng) A certificate under s. 97.33.

SB21-SSA1,2617 Section 2617. 93.135 (1) (nt) of the statutes is created to read:

SB21-SSA1,818,4 93.135 (1) (nt) A license under s. 97.605 (1) or 97.67 (1) or (2m).

SB21-SSA1,2617m Section 2617m. 93.135 (5) of the statutes is created to read:

SB21-SSA1,818,11 93.135 (5) The department shall deny an application for an initial license, certification, or permit issued under s. 89.06 or 89.072, or an application for renewal of that license, certification, or permit or revoke a license, certification, or permit issued under s. 89.06 or 89.072 to an individual for whom the department receives a record of a declaration under s. 54.25 (2) (c) 1. d. stating that the individual is incompetent to apply for or hold that license, certification, or permit.

SB21-SSA1,2618 Section 2618. 93.20 (1) of the statutes is amended to read:

SB21-SSA1,818,15 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, 89, 91 to 100, or 126.

SB21-SSA1,2619 Section 2619. 93.22 (1) of the statutes is amended to read:

SB21-SSA1,818,18 93.22 (1) In cases arising under chs. 88, 89, and 93 to 100, the department may be represented by its attorney.

SB21-SSA1,2620 Section 2620. 93.22 (2) of the statutes is amended to read:

SB21-SSA1,818,23 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, 89, and 93 to 100. The cost of such special counsel shall be charged to the appropriation for the department.

SB21-SSA1,2621 Section 2621. 93.22 (3) of the statutes is amended to read:

SB21-SSA1,819,6 93.22 (3) In any criminal or civil action under chs. 88, 89, and 93 to 100, any exception, exemption, proviso, excuse, or qualification contained in any of said chapters, or in any order, standard, or regulation thereunder, may be proved by the defendant, but need not be specified or negatived in the information or complaint, and, if so specified or negatived, no proof in relation to the matters so specified or negatived, shall be required of the plaintiff.

SB21-SSA1,2629 Section 2629. 93.59 of the statutes is created to read:

SB21-SSA1,819,13 93.59 Producer led watershed protection grants. (1) The department shall make grants for nonpoint source pollution abatement activities conducted with the assistance of producer led groups that comply with sub. (2). The department shall make a grant directly to the producer led group, except that, if the group is not a legal entity, the department may only make the grant to a legal entity on behalf of the group.

SB21-SSA1,819,15 (2) The department may provide a grant under sub. (1) if all of the following apply:

SB21-SSA1,819,19 (a) The producer led group includes at least 5 agricultural producers each of whom operates an eligible farm, as defined in s. 91.86 (1), in one watershed. The group may include additional agricultural producers who are not required to be operators of eligible farms.

SB21-SSA1,819,21 (b) The group is formed through a memorandum of understanding with the collaborating entity under par. (c).

SB21-SSA1,819,22 (c) The group collaborates with at least one of the following:

SB21-SSA1,819,23 1. The department.

SB21-SSA1,819,24 2. The department of natural resources.

SB21-SSA1,819,25 3. A county land conservation committee.

SB21-SSA1,820,2 4. The University of Wisconsin-Extension or the Discovery Farms program of the University of Wisconsin-Extension.

SB21-SSA1,820,3 5. A nonprofit conservation organization.

SB21-SSA1,820,5 (d) The group assists agricultural producers in the watershed under par. (a) to voluntarily conduct nonpoint source water pollution abatement activities.

SB21-SSA1,820,7 (e) The group contributes matching funds equal to at least 50 percent of eligible costs.

SB21-SSA1,820,11 (3) A producer led group that receives, or on whose behalf a legal entity receives, a grant under this section shall annually file a report with the department describing the activities conducted with the grant and the impact of those activities on water quality in the watershed under sub. (2) (a).

SB21-SSA1,820,12 (4) The department may promulgate rules that do all of the following:

SB21-SSA1,820,13 (a) Define "legal entity" for the purposes of this section.

SB21-SSA1,820,14 (b) Specify the application process for a grant under this section.

SB21-SSA1,820,15 (c) Specify activities that may be conducted using a grant under this section.

SB21-SSA1,820,17 (5) In any fiscal year, the department may not provide more than $20,000 to any single producer-led group or legal entity on behalf of the group.