SB44: Bill Text

SB44, s. 1821 Section 1821. 100.31 (4) of the statutes is amended to read:

SB44,781,14 100.31 (4) Penalties. For any violation of this section, the department of justice or a district attorney may commence an action on behalf of the state to recover a forfeiture of not less than $100 nor more than $10,000 for each offense. Each delivery of a drug sold to a purchaser at a price in violation of this section and each separate day in violation of an injunction issued under this section is a separate offense.

SB44, s. 1822 Section 1822. 100.31 (5) of the statutes is amended to read:

SB44,781,21 100.31 (5) Special remedies. The department of justice or a district attorney may bring an action to enjoin a violation of this section without being compelled to allege or prove that an adequate remedy at law does not exist. An action under this subsection may be commenced and prosecuted by the department of justice or a district attorney, in the name of the state, in a circuit court in the county where the offense occurred or in Dane County, notwithstanding s. 801.50.

SB44, s. 1823 Section 1823. 100.37 (1) (am) of the statutes is created to read:

SB44,781,24 100.37 (1) (am) Notwithstanding s. 93.01 (3), "department" means the department of justice.

SB44, s. 1824 Section 1824. 100.38 (5) of the statutes is amended to read:

SB44,782,4 100.38 (5) Inspection. The department of justice shall enforce this section by inspection, chemical analyses or any other appropriate method and the department of justice may promulgate such rules as are necessary to effectively enforce this section.

SB44, s. 1825 Section 1825. 100.38 (6) of the statutes is amended to read:

SB44,782,8 100.38 (6) Enforcement. It is unlawful to sell any antifreeze which is adulterated or misbranded. In addition to the penalties provided under sub. (7), the department of justice may bring an action to enjoin violations of this section.

SB44, s. 1826 Section 1826. 100.41 (1) (bn) of the statutes is created to read:

SB44,782,11 100.41 (1) (bn) Notwithstanding s. 93.01 (3), "department" means the department of justice.

SB44, s. 1827 Section 1827. 100.42 (1) (cm) of the statutes is created to read:

SB44,782,14 100.42 (1) (cm) Notwithstanding s. 93.01 (3), "department" means the department of justice.

SB44, s. 1828 Section 1828. 100.43 (1) (am) of the statutes is created to read:

SB44,782,17 100.43 (1) (am) Notwithstanding s. 93.01 (3), "department" means the department of justice.

SB44, s. 1829 Section 1829. 100.44 (5) of the statutes is amended to read:

SB44,782,25 100.44 (5) Enforcement. For any violation of sub. (3), the department of justice may, on behalf of the state, bring an action in any court of competent jurisdiction for the recovery of forfeitures authorized under sub. (4), for temporary or permanent injunctive relief and for any other appropriate relief. The court may make any order or judgment that is necessary to restore to any person any pecuniary loss suffered because of a violation of sub. (3) if proof of the loss is shown to the satisfaction of the court.

SB44, s. 1830 Section 1830. 100.46 (1) of the statutes is amended to read:

SB44,783,4 100.46 (1) Energy conservation standards. The department of justice may by rule adopt energy conservation standards for products that have been established in or promulgated under 42 USC 6291 to 6309.

SB44, s. 1831 Section 1831. 100.46 (2) of the statutes is amended to read:

SB44,783,10 100.46 (2) Prohibited acts; enforcement. No person may sell at retail, install or cause to be installed any product that is not in compliance with rules promulgated under sub. (1). In addition to other penalties and enforcement procedures, the department of justice may apply to a court for a temporary or permanent injunction restraining any person from violating a rule adopted under sub. (1).

SB44, s. 1832 Section 1832. 100.50 (6) (b) of the statutes is amended to read:

SB44,783,14 100.50 (6) (b) In lieu of or in addition to the remedy under par. (a), the department of justice may seek an injunction restraining any person from violating this section.

SB44, s. 1833 Section 1833. 100.50 (6) (c) of the statutes is amended to read:

SB44,783,18 100.50 (6) (c) The department of justice, or any district attorney upon the request of the department of justice, may commence an action in the name of the state under par. (a) or (b).

SB44, s. 1834 Section 1834. 100.52 (1) (bn) of the statutes is created to read:

SB44,783,21 100.52 (1) (bn) Notwithstanding s. 93.01 (3), "department" means the department of justice.

SB44, s. 1835 Section 1835. 101.055 (8) (b) of the statutes is amended to read:

SB44,784,6 101.055 (8) (b) A state employee who believes that he or she has been discharged or otherwise discriminated against by a public employer in violation of par. (ar) may file a complaint with the personnel commission alleging discrimination or discharge, within 30 days after the employee received knowledge of the discrimination or discharge. A public employee other than a state employee who believes that he or she has been discharged or otherwise discriminated against by a public employer in violation of par. (ar) may file a complaint with the division of equal rights alleging discrimination or discharge, within 30 days after the employee received knowledge of the discrimination or discharge.

SB44, s. 1836 Section 1836. 101.055 (8) (c) of the statutes is amended to read:

SB44,784,23 101.055 (8) (c) Upon receipt of a complaint, the personnel commission or the division of equal rights, whichever is applicable, shall, except as provided in s. 230.45 (1m), investigate the complaint and determine whether there is probable cause to believe that a violation of par. (ar) has occurred. If the personnel commission or the division of equal rights finds probable cause it shall attempt to resolve the complaint by conference, conciliation or persuasion. If the complaint is not resolved, the personnel commission or the division of equal rights shall hold a hearing on the complaint within 60 days after receipt of the complaint unless both parties to the proceeding agree otherwise. Within 30 days after the close of the hearing, the personnel commission or the division of equal rights shall issue its decision. If the personnel commission or the division of equal rights determines that a violation of par. (ar) has occurred, it shall order appropriate relief for the employee, including restoration of the employee to his or her former position with back pay, and shall order any action necessary to ensure that no further discrimination occurs. If the personnel commission or the division of equal rights determines that there has been no violation of par. (ar), it shall issue an order dismissing the complaint.

SB44, s. 1837 Section 1837. 101.055 (8) (d) of the statutes is amended to read:

SB44,785,2 101.055 (8) (d) Orders of the personnel commission and the division of equal rights under this subsection are subject to judicial review under ch. 227.

SB44, s. 1838 Section 1838. 101.143 (4) (cc) 2. b. of the statutes is amended to read:

SB44,785,7 101.143 (4) (cc) 2. b. An applicant that is engaged in the expansion or redevelopment of brownfields, as defined in s. 560.13 (1) (a) 560.60 (1) (v), if federal or state financial assistance other than under this section, has been provided for that expansion or redevelopment.

SB44, s. 1839 Section 1839. 101.143 (9m) (g) 2. of the statutes is amended to read:

SB44,785,16 101.143 (9m) (g) 2. Revenue obligations issued under this subsection may not exceed $342,000,000 $457,000,000 in principal amount, excluding any obligations that have been defeased under a cash optimization program administered by the building commission. In addition to this limit on principal amount, the building commission may contract revenue obligations under this subsection as the building commission determines is desirable to fund or refund outstanding revenue obligations, to pay issuance or administrative expenses, to make deposits to reserve funds, or to pay accrued or capitalized interest.

SB44, s. 1840 Section 1840. 101.175 (3) (intro.) of the statutes is amended to read:

SB44,785,21 101.175 (3) (intro.) The department, in consultation with the department of agriculture, trade and consumer protection justice, shall establish by rule quality standards for local energy resource systems which do not impede development of innovative systems but which do:

SB44, s. 1841 Section 1841. 101.563 (2) (a) of the statutes is amended to read:

SB44,786,13 101.563 (2) (a) Payments from calendar year 2000 dues. Notwithstanding s. 101.573 (3) (a), the department shall pay every city, village, and town that is entitled to payment under sub. (1) (a) the amount to which that city, village, or town would have been entitled to receive on or before August 1, 2001, had the city, village, or town been eligible to receive a payment on that date. The department shall calculate the amount due under this paragraph as if every city, village, and town maintaining a fire department was eligible to receive a payment on that date. By the date on which the department provides a certification or recertification to the state treasurer secretary of administration under par. (b) 1., the department shall certify to the state treasurer secretary of administration the amount to be paid to each city, village, and town under this paragraph. On or before August 1, 2002, the state treasurer secretary of administration shall pay the amount certified by the department under this paragraph to each such city, village, and town. The state treasurer secretary of administration may combine any payment due under this paragraph with any amount due to be paid on or before August 1, 2002, to the same city, village, or town under par. (b) 1.

SB44, s. 1842 Section 1842. 101.563 (2) (b) 1. of the statutes is amended to read:

SB44,787,7 101.563 (2) (b) 1. `Payments from calendar year 2001 dues.' Notwithstanding s. 101.575 101.573 (3) (a), by the 30th day following July 30, 2002, the department shall compile the fire department dues paid by all insurers under s. 601.93 and the dues paid by the state fire fund under s. 101.573 (1) and funds remaining under s. 101.573 (3) (b), subtract the total amount due to be paid under par. (a), withhold 0.5%, and certify to the state treasurer secretary of administration the proper amount to be paid from the appropriation under s. 20.143 (3) (L) to each city, village, and town entitled to a proportionate share of fire department dues as provided under sub. (1) (b) and s. 101.575. If the department has previously certified an amount to the state treasurer secretary of administration under s. 101.57 101.573 (3) (a) during calendar year 2002, the department shall recertify the amount in the manner provided under this subdivision. On or before August 1, 2002, the state treasurer secretary of administration shall pay the amounts certified or recertified by the department under this subdivision to each city, village, and town entitled to a proportionate share of fire department dues as provided under sub. (1) and s. 101.575. The state treasurer secretary of administration may combine any payment due under this subdivision with any amount due to be paid on or before August 1, 2002, to the same city, village, or town under par. (a).

SB44, s. 1843 Section 1843. 101.563 (2) (b) 2. of the statutes is amended to read:

SB44,787,20 101.563 (2) (b) 2. `Payments from dues for calendar years 2002 to 2004.' Notwithstanding s. 101.573 (3) (a) and except as otherwise provided in this subdivision, on or before May 1 in each year, the department shall compile the fire department dues paid by all insurers under s. 601.93 and the dues paid by the state fire fund under s. 101.573 (1) and funds remaining under s. 101.573 (3) (b), withhold 0.5% and certify to the state treasurer secretary of administration the proper amount to be paid from the appropriation under s. 20.143 (3) (L) to each city, village, and town entitled to a proportionate share of fire department dues as provided under sub. (1) (b) and s. 101.575. Annually, on or before August 1, the state treasurer secretary of administration shall pay the amounts certified by the department to each such city, village, and town. This paragraph applies only to payment of a proportionate share of fire department dues collected for calendar years 2002 to 2004.

SB44, s. 1844 Section 1844. 101.563 (2) (b) 3. of the statutes is amended to read:

SB44,788,9 101.563 (2) (b) 3. The amounts withheld under subds. 1. and 2. shall be disbursed to correct errors of the department or the commissioner of insurance. The department shall certify to the state treasurer secretary of administration the amount that must be disbursed to correct an error and the state treasurer secretary of administration shall pay the amount to the specified city, village, or town. The balance of the amount withheld in a calendar year under subds. subd. 1. or 2., as applicable, which is not disbursed under this subdivision shall be included in the total compiled by the department under subd. 2. for the next calendar year, except that amounts withheld under subd. 2. from fire department dues collected for calendar year 2004 that are not disbursed under this subdivision shall be included in the total compiled by the department under s. 101.573 (3) (a) for the next calendar year. If errors in payments exceed the amount withheld, adjustments shall be made in the distribution for the next year.

SB44, s. 1845 Section 1845. 101.573 (1) of the statutes is amended to read:

SB44,788,16 101.573 (1) The department shall include in the compilation and certification of fire department dues under sub. (3) 2% of the premiums paid to the state fire fund for the insurance of any public property, other than state property. The department shall notify the state treasurer secretary of administration of the amount certified under this subsection and the state treasurer secretary of administration shall charge the amount to the state fire fund.

SB44, s. 1846 Section 1846. 101.573 (3) (a) of the statutes is amended to read:

SB44,788,25 101.573 (3) (a) On or before May 1 in each year, the department shall compile the fire department dues paid by all insurers under s. 601.93 and the dues paid by the state fire fund under sub. (1) and funds remaining under par. (b), withhold .5% and certify to the state treasurer secretary of administration the proper amount to be paid from the appropriation under s. 20.143 (3) (L) to each city, village, or town entitled to fire department dues under s. 101.575. Annually, on or before August 1, the state treasurer secretary of administration shall pay the amounts certified by the department to the cities, villages and towns eligible under s. 101.575.

SB44, s. 1847 Section 1847. 101.573 (3) (b) of the statutes is amended to read:

SB44,789,16 101.573 (3) (b) The amount withheld under par. (a) shall be disbursed to correct errors of the department or the commissioner of insurance or for payments to cities, villages, or towns which are first determined to be eligible for payments under par. (a) after May 1. The department shall certify to the state treasurer secretary of administration, as near as is practical, the amount which would have been payable to the municipality if payment had been properly disbursed under par. (a) on or prior to May 1, except the amount payable to any municipality first eligible after May 1 shall be reduced by 1.5% for each month or portion of a month which expires after May 1 and prior to the eligibility determination. The state treasurer secretary of administration shall pay the amount certified to the city, village , or town. The balance of the amount withheld in a calendar year under par. (a) which is not disbursed under this paragraph shall be included in the total compiled by the department under par. (a) for the next calendar year. If errors in payments exceed the amount set aside for error payments, adjustments shall be made in the distribution for the next year.

SB44, s. 1848 Section 1848. 101.573 (4) of the statutes is amended to read:

SB44,789,22 101.573 (4) The department shall transmit to the treasurer of each city, village, and town entitled to fire department dues, a statement of the amount of dues payable to it, and the commissioner of insurance shall furnish to the state treasurer secretary of administration, upon request, a list of the insurers paying dues under s. 601.93 and the amount paid by each.

SB44, s. 1849 Section 1849. 102.07 (17m) of the statutes is amended to read:

SB44,790,2 102.07 (17m) A participant in a trial job under s. 49.147 (3) or a transitional subsidized private sector job under s. 49.147 (3m) is an employee of any employer under this chapter for whom the participant is performing service at the time of the injury.

SB44, s. 1850 Section 1850. 102.28 (7) (a) of the statutes is amended to read:

SB44,790,18 102.28 (7) (a) If an employer who is currently or was formerly exempted by written order of the department under sub. (2) is unable to pay an award, judgment is rendered in accordance with s. 102.20 against that employer, and execution is levied and returned unsatisfied in whole or in part, payments for the employer's liability shall be made from the fund established under sub. (8). If a currently or formerly exempted employer files for bankruptcy and not less than 60 days after that filing the department has reason to believe that compensation payments due are not being paid, the department in its discretion may make payment for the employer's liability from the fund established under sub. (8). The state treasurer secretary of administration shall proceed to recover such payments from the employer or the employer's receiver or trustee in bankruptcy, and may commence an action or proceeding or file a claim therefor. The attorney general shall appear on behalf of the state treasurer secretary of administration in any such action or proceeding. All moneys recovered in any such action or proceeding shall be paid into the fund established under sub. (8).

SB44, s. 1851 Section 1851. 102.63 of the statutes is amended to read:

SB44,791,2 102.63 Refunds by state. Whenever the department shall certify to the state treasurer secretary of administration that excess payment has been made under s. 102.59 or under s. 102.49 (5) either because of mistake or otherwise, the state treasurer secretary of administration shall within 5 days after receipt of such certificate draw an order against the fund in the state treasury into which such excess was paid, reimbursing such payor of such excess payment, together with interest actually earned thereon if the excess payment has been on deposit for at least 6 months.

SB44, s. 1852 Section 1852. 102.81 (2) of the statutes is amended to read:

SB44,791,15 102.81 (2) The department may retain an insurance carrier or insurance service organization to process, investigate and pay claims under this section and may obtain excess or stop-loss reinsurance with an insurance carrier authorized to do business in this state in an amount that the secretary determines is necessary for the sound operation of the uninsured employers fund. In cases involving disputed claims, the department may retain an attorney to represent the interests of the uninsured employers fund and to make appearances on behalf of the uninsured employers fund in proceedings under ss. 102.16 to 102.29. Section 20.918 and subch. IV of ch. 16 do not apply to an attorney hired retained under this subsection. The charges for the services retained under this subsection shall be paid from the appropriation under s. 20.445 (1) (hp). The cost of any reinsurance obtained under this subsection shall be paid from the appropriation under s. 20.445 (1) (sm).

SB44, s. 1853 Section 1853. 102.85 (4) (c) of the statutes is amended to read:

SB44,791,22 102.85 (4) (c) If any deposit is made for an offense to which this section applies, the person making the deposit shall also deposit a sufficient amount to include the uninsured employer assessment prescribed in this section. If the deposit is forfeited, the amount of the uninsured employer assessment shall be transmitted to the state treasurer secretary of administration under par. (d). If the deposit is returned, the uninsured employer assessment shall also be returned.

SB44, s. 1854 Section 1854. 102.85 (4) (d) of the statutes is amended to read:

SB44,792,5 102.85 (4) (d) The clerk of the court shall collect and transmit to the county treasurer the uninsured employer assessment and other amounts required under s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer secretary of administration as provided in s. 59.25 (3) (f) 2. The state treasurer secretary of administration shall deposit the amount of the uninsured employer assessment, together with any interest thereon, in the uninsured employers fund as provided in s. 102.80 (1).

SB44, s. 1855 Section 1855. 103.10 (12) (a) of the statutes is repealed.

SB44, s. 1856 Section 1856. 103.10 (12) (bm) of the statutes is created to read:

SB44,792,17 103.10 (12) (bm) If the department initially finds that there is no probable cause to believe that a violation of sub. (11) (a) or (b) occurred as alleged in the complaint, the department may dismiss the complaint. The department shall, by a notice to be served with the findings, notify the parties of the complainant's right to appeal the dismissal of the complaint by requesting a review of the findings by a hearing examiner, which review shall be based solely on the department's record of the complaint. Service of the findings shall be made by certified mail, return receipt requested. If the hearing examiner determines that no probable cause exists, that determination is the final determination of the department and may be appealed under s. 227.52.

SB44, s. 1857 Section 1857. 103.10 (13) of the statutes is amended to read:

SB44,792,24 103.10 (13) Civil action. (a) An employee who believes that his or her employer has violated sub. (11) (a) or (b), or the department, may bring an action in circuit court against an employer to recover damages caused by a violation of sub. (11) after the completion of an administrative proceeding, including judicial review, concerning the same violation seeking action, as described in sub. (12) (d), to remedy the violation and damages caused by the violation.

SB44,793,4 (b) An action commenced under par. (a) may be brought in the circuit court for the county where the violation occurred or for the county where the person against whom the action is filed resides or has a principal place of business, and shall be commenced within the later of the following periods, or be barred:

SB44,793,6 1. Within 60 days from after the completion of an administrative proceeding, including judicial review, concerning the same violation.

SB44,793,10 2. Twelve Within 12 months after the violation occurred, or the department or employee should reasonably have known that the violation occurred. The 12-month statute of limitations under this subdivision shall be tolled while an administrative proceeding, including judicial review, concerning the same violation is pending.

SB44, s. 1858 Section 1858. 106.01 (11) of the statutes is repealed.

SB44, s. 1859 Section 1859. 106.09 (4) of the statutes is repealed.

SB44, s. 1860 Section 1860. 106.09 (5) of the statutes is amended to read:

SB44,793,16 106.09 (5) The department is authorized and directed to cooperate with the U.S. employment service in the administration of said act and in carrying out all agreements made thereunder its functions.

SB44, s. 1861 Section 1861. 106.09 (6) of the statutes is repealed.

SB44, s. 1862 Section 1862. 106.12 (title) of the statutes is amended to read:

SB44,793,19 106.12 (title) Governor's work-based learning board council.

SB44, s. 1863 Section 1863. 106.12 (1) of the statutes is amended to read:

SB44,793,22 106.12 (1) Definition. In this section and s. 106.13, "board" "council" means the governor's work-based learning board council.

SB44, s. 1864 Section 1864. 106.12 (1m) of the statutes is created to read:

SB44,794,4 106.12 (1m) Duties of council. The council shall oversee the planning, coordination, administration, and implementation of the youth apprenticeship, school-to-work, and work-based learning programs under s. 106.13 (1) and such other employment and education programs as the governor may by executive order assign to the department. In providing that oversight, the council shall do all of the following:

SB44,794,6 (a) Identify the employment and education needs of the state and recommend to the governor goals for meeting those needs and steps to meet those goals.

SB44,794,12 (b) Review the provision of services and the allocation of funding and resources under the programs specified in this subsection and recommend to the governor a strategic plan for coordinating the provision of those services and for allocating that funding and those resources, consistent with the laws rules, and regulations governing those programs, so as to best respond to the employment and education needs identified in par. (a).