SB400: Bill Text

LRB-4355/1

MGG&RCT:all:hmh

1997 - 1998 LEGISLATURE

1997 Senate BILL 400

January 15, 1998 - Introduced by Law Revision Committee. Referred to Committee on Agriculture and Environmental Resources.

SB400,1,11 An Act to repeal 134.24 (1) (b); to renumber 134.24 (title) and (1) (intro.) and (a), 134.24 (1) (c) to (g), 134.24 (3), 134.24 (6) and (7), 134.67 (title), 134.67 (intro.), 134.67 (2) (a) 1. to 3. and 134.67 (2) (b) 1. to 3.; to renumber and amend 134.22, 134.24 (2), 134.24 (4), 134.24 (5), 134.42, 134.67 (2) (a) (intro.), 134.67 (2) (b) (intro.), 134.67 (2) (c), 134.68, 134.70, 134.705, 134.74, 134.83 and 134.85; and to amend 15.135 (4) (c) 1., 46.03 (37) (intro.), 46.03 (37) (a), 46.03 (37) (b), 60.23 (24), 100.18 (8), 100.26 (1), 134.95 (2), 134.95 (3), 134.99 (1), 165.25 (4) (ar) and 707.55 (10) of the statutes; relating to: advisory members of the land and water conservation board and the renumbering of certain provisions of chapter 134 of the statutes (suggested as remedial legislation by the department of agriculture, trade and consumer protection).

Analysis by the Legislative Reference Bureau

Current law requires the land and water conservation board to invite the U.S. secretary of agriculture to appoint a representative of the soil conservation service and a representative of the agricultural stabilization and conservation service to serve as advisory members of the board. This bill changes this provision so that it refers to representatives of the natural resources conservation service and the farm service agency.

Chapter 134 of the statutes deals with regulation of certain trades. Most of the provisions in this chapter are not administered by any state agency. This bill renumbers the provisions in the chapter that are administered by the department of agriculture, trade and consumer protection or the department of health and family services into more appropriate chapters. The bill makes no major substantive changes to current law.

For further information, see the Notes provided by the law revision committee of the legislative council.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

Law revision committee prefatory note: This bill is a remedial legislation proposal, requested by the department of agriculture, trade and consumer protection and introduced by the law revision committee under s. 13.83 (1) (c) 4., stats. After careful consideration of the various provisions of this bill, the law revision committee has determined that this bill makes minor substantive changes in the statutes, and that these changes are desirable as a matter of public policy.

SB400, s. 1 Section 1. 15.135 (4) (c) 1. of the statutes is amended to read:

SB400,2,5 15.135 (4) (c) 1. The U.S. secretary of agriculture to appoint a representative of the soil natural resources conservation service and a representative of the agricultural stabilization and conservation farm service agency to serve as advisory members of the board.

Note: According to the department of agriculture, trade and consumer protection, the proposed changes to this statute reflect organizational changes at the United States department of agriculture.

SB400, s. 2 Section 2 . 46.03 (37) (intro.) of the statutes is amended to read:

SB400,2,9 46.03 (37) First aid instruction. (intro.) In connection with first aid and cardiopulmonary resuscitation instruction to fitness center employes required under s. 134.705 100.178, do all of the following:

SB400, s. 3 Section 3. 46.03 (37) (a) of the statutes is amended to read:

SB400,2,12 46.03 (37) (a) Promulgate rules establishing standards and procedures under s. 134.705 100.178 (5) (a) to (c).

SB400, s. 4 Section 4. 46.03 (37) (b) of the statutes is amended to read:

SB400,3,4 46.03 (37) (b) Approve individuals, organizations or institutions of higher education which teach fitness center employes basic first aid and basic cardiopulmonary resuscitation under s. 134.705 100.178 (2).

SB400, s. 5 Section 5. 60.23 (24) of the statutes is amended to read:

SB400,3,9 60.23 (24) Cable television. Enact and enforce an ordinance, and provide forfeitures for a violation of that ordinance, that is similar to s. 134.42 100.209, or that gives a cable service subscriber greater rights than the rights under s. 134.42 100.209 (2).

SB400, s. 6 Section 6. 100.18 (8) of the statutes is amended to read:

SB400,4,4 100.18 (8) Every wholesaler and every other person selling or distributing motor fuel in this state shall keep posted in a conspicuous place, most accessible to the public at his or her place of business, and on every pump from which delivery is made directly into the fuel tank attached to a motor vehicle, a placard showing the net selling price per gallon of all grades of motor fuel and the amount of all taxes per gallon thereon. On pumps or other dispensing equipment from which motor fuel is sold and delivered directly into fuel supply tanks attached to motor vehicles, such posting shall be in figures not less than one inch high, except that no such placard shall be required on a computer pump whereon the total net selling price per gallon including all taxes is legibly shown on its face. Except for sales to drivers of motor vehicles used by physically disabled persons under s. 134.85 100.51 (5), all sales shall be made at the posted price. Delivery slips shall also show the net selling price per gallon of all grades of motor fuel and the amount of all taxes per gallon thereon. If the wholesaler or person has more than one place of business in this state, the wholesaler or person shall post that placard at all of his or her places of business. All prices posted shall remain in effect for at least 24 hours after they are posted. It shall be considered deceptive advertising to advertise or represent in any manner the price of motor fuel offered for sale at retail to be less than the price so posted on each pump.

SB400, s. 7 Section 7. 100.26 (1) of the statutes is amended to read:

SB400,4,9 100.26 (1) Any person who violates any provision of this chapter, except s. 100.18 or, 100.20, 100.206 or 100.51, for which no specific penalty is prescribed shall be fined not to exceed $200, or imprisoned in the county jail not more than 6 months or both.

SB400, s. 8 Section 8. 134.22 of the statutes is renumbered 100.173, and 100.173 (4) (intro.) and (a), as renumbered, are amended to read:

SB400,4,16 100.173 (4) (intro.) The department of agriculture, trade and consumer protection shall investigate violations of this section. The department of agriculture, trade and consumer protection, or any district attorney upon informing the department of agriculture, trade and consumer protection, may, on behalf of the state, do any of the following:

SB400,4,24 (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 agriculture, trade and consumer protection 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.

SB400, s. 9 Section 9. 134.24 (title) and (1) (intro.) and (a) of the statutes are renumbered 100.206 (title) and (1) (intro.) and (a).

SB400, s. 10 Section 10. 134.24 (1) (b) of the statutes is repealed.

SB400, s. 11 Section 11. 134.24 (1) (c) to (g) of the statutes are renumbered 100.206 (1) (c) to (g).

SB400, s. 12 Section 12. 134.24 (2) of the statutes is renumbered 100.206 (2), and 100.206 (2) (a) 1., as renumbered, is amended to read:

SB400,5,10 100.206 (2) (a) 1. A certified copy of each document that is used at the time of filing by the performing rights society to enter into a contract with a proprietor doing business who operates a retail establishment or restaurant in this state.

SB400, s. 13 Section 13. 134.24 (3) of the statutes, as affected by 1997 Wisconsin Act 35, is renumbered 100.206 (3).

SB400, s. 14 Section 14. 134.24 (4) of the statutes is renumbered 100.206 (4), and 100.206 (4) (b) 1., as renumbered, is amended to read:

SB400,5,17 100.206 (4) (b) 1. The proprietor's name and business commercial address and the name and location of each retail establishment and restaurant to which the contract applies.

SB400, s. 15 Section 15. 134.24 (5) of the statutes is renumbered 100.206 (5), and 100.206 (5) (a) and (b), as renumbered, are amended to read:

SB400,5,24 100.206 (5) (a) Enter the business commercial premises of a proprietor to discuss a contract under this section with the proprietor or his or her employes, without identifying himself or herself and making known the purpose of the visit before commencing any further communication with the proprietor or the proprietor's employes.

SB400,6,2 (b) Engage in any coercive conduct, act or practice that disrupts the business commercial premises of a proprietor in a substantial manner.

SB400, s. 16 Section 16. 134.24 (6) and (7) of the statutes are renumbered 100.206 (6) and (7).

SB400, s. 17 Section 17. 134.42 of the statutes is renumbered 100.209, and 100.209 (3) and (4) (b), as renumbered, are amended to read:

SB400,6,12 100.209 (3) Rules and local ordinances allowed. This section does not prohibit the department of agriculture, trade and consumer protection from promulgating a rule or from issuing an order consistent with its authority under ch. 100 this chapter that gives a subscriber greater rights than the rights under sub. (2) or prohibit a city, village or town from enacting an ordinance that gives a subscriber greater rights than the rights under sub. (2).

SB400,6,15 (4) (b) The department of agriculture, trade and consumer protection and the district attorneys of this state have concurrent authority to institute civil proceedings under this section.

SB400, s. 18 Section 18. 134.67 (title) of the statutes is renumbered 94.709 (title).

SB400, s. 19 Section 19. 134.67 (intro.) of the statutes is renumbered 94.709 (1).

SB400, s. 20 Section 20. 134.67 (2) (a) (intro.) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 94.709 (2) (a) (intro.) and amended to read:

SB400,6,24 94.709 (2) (a) (intro.) In the event of the outbreak of an epidemic disease of humans or animals spread by insects which it is known can be controlled by DDT but cannot be adequately controlled by any other known pesticide, the department of agriculture, trade and consumer protection may authorize the use of DDT in controlling the epidemic upon a finding that: