AB100, s. 1736
25Section
1736. 85.20 (4m) (a) 7. b. of the statutes is amended to read:
AB100,863,6
185.20
(4m) (a) 7. b. For the purpose of making allocations under subd. 7. a., the
2amounts for aids are
$20,596,400 in calendar year 2002, $21,008,300 in calendar
3year 2003, and $21,757,600 in calendar
year 2004 and in each calendar year
4thereafter years 2004 and 2005, $22,192,800 in calendar year 2006, and $22,636,700
5in calendar year 2007 and thereafter. These amounts, to the extent practicable, shall
6be used to determine the uniform percentage in the particular calendar year.
AB100, s. 1737
7Section
1737. 85.20 (4m) (a) 8. b. of the statutes is amended to read:
AB100,863,138
85.20
(4m) (a) 8. b. For the purpose of making allocations under subd. 8. a., the
9amounts for aids are
$5,563,100 in calendar year 2002, $5,674,400 in calendar year
102003, and $4,925,100 in calendar
year 2004 and in each calendar year thereafter 11years 2004 and 2005, $5,023,600 in calendar year 2006, and $5,124,100 in calendar
12year 2007 and thereafter. These amounts, to the extent practicable, shall be used to
13determine the uniform percentage in the particular calendar year.
AB100, s. 1738
14Section
1738. 86.195 (3) (b) 3. of the statutes is amended to read:
AB100,863,1715
86.195
(3) (b) 3. Fifty percent of the gross receipts of the business are from
meal,
16food, the sale of food
product and beverage sales and food ingredients, as defined in
17s. 77.51 (3t), that are taxable under
s. 77.54 (20) (c) subch. III of ch. 77; and
AB100, s. 1739
18Section
1739. 86.30 (2) (a) 3. of the statutes is amended to read:
AB100,863,2219
86.30
(2) (a) 3. For each mile of road or street under the jurisdiction of a
20municipality as determined under s. 86.302, the mileage aid payment shall be
$1,755
21in calendar year 2002, and $1,825 in calendar
year 2003 years 2004 and 2005, $1,862
22in calendar year 2006, and $1,899 in calendar year 2007 and thereafter.
AB100, s. 1740
23Section
1740. 86.30 (9) (b) of the statutes is amended to read:
AB100,864,424
86.30
(9) (b) For the purpose of calculating and distributing aids under sub. (2),
25the amounts for aids to counties are
$86,581,300 in calendar year 2002, and
1$90,044,600 in calendar
year 2003 years 2004 and 2005, $91,845,500 in calendar
2year 2006, and $93,682,400 in calendar year 2007 and thereafter. These amounts,
3to the extent practicable, shall be used to determine the statewide county average
4cost-sharing percentage in the particular calendar year.
AB100, s. 1741
5Section
1741. 86.30 (9) (c) of the statutes is amended to read:
AB100,864,116
86.30
(9) (c) For the purpose of calculating and distributing aids under sub. (2),
7the amounts for aids to municipalities are
$272,395,300 in calendar year 2002, and 8$283,291,100 in calendar
year 2003 years 2004 and 2005, $286,124,000 in calendar
9year 2006, and $297,736,000 in calendar year 2007 and thereafter. These amounts,
10to the extent practicable, shall be used to determine the statewide municipal average
11cost-sharing percentage in the particular calendar year.
AB100, s. 1742
12Section
1742. 92.10 (4) (a) of the statutes is repealed and recreated to read:
AB100,864,1613
92.10
(4) (a)
Data. The department shall develop a systematic method of
14collecting and organizing data related to soil erosion. The department shall
15cooperate with the department of administration under s. 16.967 in developing this
16methodology or any related activities related to land information collection.
AB100, s. 1743
17Section
1743. 93.06 (1qm) of the statutes is created to read:
AB100,864,2118
93.06
(1qm) Loans for rural development. Make loans, and charge interest
19and origination fees and take security for those loans, as required to receive federal
20funding for the development of rural business enterprises or for rural economic
21development.
AB100, s. 1744
22Section
1744. 93.07 (1) of the statutes is amended to read:
AB100,865,323
93.07
(1) Regulations. To make and enforce such regulations, not inconsistent
24with law, as it may deem necessary for the exercise and discharge of all
of the powers
25and duties of the department, and to adopt such measures and make such
1regulations as are necessary and proper for the
enforcement by the state of
2department to carry out its powers and duties under chs. 93 to 100
, which regulations
3shall have the force of law.
AB100, s. 1745
4Section
1745. 93.07 (23) of the statutes is created to read:
AB100,865,75
93.07
(23) Consumer protection administration. To administer ss. 100.01 to
6100.14, 100.183 to 100.19, 100.201, 100.202, 100.206, 100.21 to 100.24, 100.265,
7100.27, 100.285 to 100.30, 100.33 to 100.36, 100.45, 100.47, 100.48, and 100.51.
AB100, s. 1746
8Section
1746. 93.07 (24) of the statutes is amended to read:
AB100,865,119
93.07
(24) Enforcement of laws. To enforce
or assist in the enforcement of chs.
1088 and 93 to
99, those laws under ch. 100
administered by the department, and all
11other laws entrusted to its administration, and especially:
AB100,865,1412
(a) To enforce the laws
administered by the department regarding the
13production, manufacture and sale, offering or exposing for sale or having in
14possession with intent to sell, of any dairy, food or drug product.
AB100,865,1615
(b) To enforce the laws
administered by the department regarding the
16adulteration or misbranding of any articles of food, drink, condiment or drug.
AB100,865,21
17(c) To inspect any milk, butter, cheese, lard, syrup, coffee, tea or other article
18of food, drink, condiment or drug made or offered for sale within this state which it
19may suspect or have reason to believe
, under the laws administered by the
20department, to be impure, unhealthful, misbranded, adulterated or counterfeit, or
21in any way unlawful.
AB100,866,222
(d) To prosecute or cause to be prosecuted
, under the laws administered by the
23department, any person engaged in the manufacture or sale, offering or exposing for
24sale or having in possession with intent to sell, of any adulterated dairy product or
1of any adulterated, misbranded, counterfeit, or otherwise unlawful article or articles
2of food, drink, condiment or drug.
AB100, s. 1747
3Section
1747. 93.18 (3) of the statutes is amended to read:
AB100,866,154
93.18
(3) The department
of justice, after acting pursuant to s. 100.37 or 100.41
5to 100.43 to order the sale or distribution of any substance, article, furnishing, fabric,
6product or related material ceased, shall give written notice of its finding to the
7manufacturer, seller or other person responsible for placing the item in the channels
8of trade in this state. After such notice no person may sell, remove or otherwise
9dispose of such item except as directed by the department
of justice. Any person
10affected by such notice may demand a prompt hearing to determine the validity of
11the
department's findings
of the department of justice. The hearing, if requested,
12shall be held as expeditiously as possible but not later than 30 days after notice. A
13request for hearing does not operate to stay enforcement of the order during the
14pendency of the hearing. The person petitioning for a hearing shall be entitled to the
15same rights specified under sub. (2).
AB100, s. 1748
16Section
1748. 93.18 (7) of the statutes is created to read:
AB100,866,1917
93.18
(7) The department of justice shall follow the procedures under subs. (1),
18(2), (4), (5), and (6) in enforcing the provisions of ch. 100 that are administered by the
19department of justice.
AB100, s. 1749
20Section
1749. 93.20 (1) of the statutes is amended to read:
AB100,866,2421
93.20
(1) Definition. In this section, "action" means an action that is
22commenced in court by, or on behalf of, the department of agriculture, trade
, and
23consumer protection rural resources to enforce chs. 88, 91 to 100 or 126
or an action
24that is commenced in court by the department of justice to enforce ch. 100.
AB100, s. 1750
25Section
1750. 93.22 (1) of the statutes is amended to read:
AB100,867,2
193.22
(1) In cases arising under chs. 88 and 93 to
100 99 and ss. 100.206, 100.21,
2100.30, and 100.51, the department may be represented by its attorney.
AB100, s. 1751
3Section
1751. 93.22 (2) of the statutes is amended to read:
AB100,867,74
93.22
(2) The department may, with the approval of the governor, appoint
5special counsel to prosecute or assist in the prosecution of any case arising under chs.
688 and 93 to
100 99 and ss. 100.206, 100.21, 100.30, and 100.51. The cost of such
7special counsel shall be charged to the appropriation for the department.
AB100, s. 1752
8Section
1752. 93.46 (3) of the statutes is created to read:
AB100,867,99
93.46
(3) (a) The department may make grants for any of the following:
AB100,867,1110
1. Research and development of technologies, including digesters, for using
11agricultural products or agricultural waste as energy sources.
AB100,867,1312
2. Encouraging the use of agricultural products or agricultural waste as energy
13sources.
AB100,867,1514
3. Reducing the generation of agricultural wastes or increasing the beneficial
15use of agricultural wastes.
AB100,867,1616
4. Encouraging the development of biochemicals from agricultural products.
AB100,867,1917
(b) The department may provide the recipient of a grant under this subsection
18with not more than $300,000, of which not more than $150,000 may be for planning
19and not more than $150,000 may be for implementation.
AB100, s. 1753
20Section
1753. 95.23 (1m) (b) of the statutes is amended to read:
AB100,868,421
95.23
(1m) (b) The department shall indemnify the owner of an animal that
22must be killed in order to conduct testing under par. (a)
, if funds are available from
23the appropriation under s. 20.115 (2) (m) or (8) (ks) to pay the indemnity, in an
24amount equal to two-thirds of the difference between the net salvage value and the
25appraised value of the animal but not more than $1,500 for one animal
, except as
1provided in s. 95.31 (3m). The department may pay an indemnity under this
2paragraph from the appropriation account under s. 20.115 (2) (b) only if funds
3received by the department under s. 20.115 (2) (m) and (8) (ks) for the payment of
4indemnities are insufficient to pay the indemnity.
AB100, s. 1754
5Section
1754. 95.31 (3) of the statutes is amended to read:
AB100,868,156
95.31
(3) In addition to the indemnities for specific animal diseases provided
7under ss. 95.25, 95.26 and 95.27 or under special emergency programs and subject
8to s. 95.36, the department shall pay indemnities on livestock condemned and
9slaughtered or destroyed because of other diseases if the department determines
10that the condemnation and slaughter or destruction is necessary to protect public
11health or the livestock industry. The indemnity under this subsection shall be
12two-thirds of the difference between net salvage value and appraised value, but may
13not exceed $1,500 for an animal
, except as provided in sub (3m). As used in this
14subsection, "livestock" means animals of species raised primarily to produce food for
15human consumption, including farm-raised deer.
AB100, s. 1755
16Section
1755. 95.31 (3m) of the statutes is created to read:
AB100,868,2317
95.31
(3m) If the department condemns an animal because the animal is
18suspected to have a transmissible spongiform encephalopathy and the owner
19disposes of the carcass as directed by the department, the department shall increase
20the amount of the indemnity calculated under sub. (3) or s. 95.23 (1m) (b) by the costs
21of the destruction of the animal and of the disposal, transportation, and any
22necessary storage of the animal's carcass. An indemnity paid because of the
23condemnation of an animal to which this subsection applies may exceed $1,500.
AB100,869,6
195.51
(8) Contract agent. The department may contract with an agent to
2administer the registration program under this section on behalf of the department.
3The department may not authorize an agent to release aggregate information under
4this section.
If the department contracts with an agent under this subsection, the
5agent may collect fees from registrants that cover the agent's cost of administering
6the registration program.
AB100, s. 1757
7Section
1757. 100.07 (6) of the statutes is amended to read:
AB100,869,118
100.07
(6) Action Upon request of the department of agriculture, trade, and
9rural resources, an action to enjoin violation of this section may be commenced and
10prosecuted by the department
of justice in the name of the state in any court having
11equity jurisdiction.
AB100, s. 1758
12Section
1758. 100.171 (7) (b) of the statutes is amended to read:
AB100,869,1613
100.171
(7) (b) Whoever intentionally violates this section is guilty of a Class
14I felony. A person intentionally violates this section if the violation occurs after the
15department
of justice or a district attorney has notified the person by certified mail
16that the person is in violation of this section.
AB100, s. 1759
17Section
1759. 100.171 (8) (intro.) of the statutes is amended to read:
AB100,869,2018
100.171
(8) Enforcement. (intro.) The department
of justice shall investigate
19violations of this section. The department
of justice or any district attorney may on
20behalf of the state:
AB100, s. 1760
21Section
1760. 100.173 (4) (intro.) of the statutes is amended to read:
AB100,869,2422
100.173
(4) (intro.) The department
of justice shall investigate violations of this
23section. The department
of justice, or any district attorney upon informing the
24department
of justice, may, on behalf of the state, do any of the following:
AB100, s. 1761
25Section
1761. 100.173 (4) (a) of the statutes is amended to read:
AB100,870,7
1100.173
(4) (a) Bring an action for temporary or permanent injunctive relief in
2any court of competent jurisdiction for any violation of this section. The relief sought
3by the department
of justice or district attorney may include the payment by a
4promoter into an escrow account of an amount estimated to be sufficient to pay for
5ticket refunds. The court may, upon entry of final judgment, award restitution when
6appropriate to any person suffering loss because of violations of this section if proof
7of such loss is submitted to the satisfaction of the court.
AB100, s. 1762
8Section
1762. 100.174 (5) (intro.) of the statutes is amended to read:
AB100,870,109
100.174
(5) (intro.) The department
of justice or any district attorney may on
10behalf of the state:
AB100, s. 1763
11Section
1763. 100.174 (6) of the statutes is amended to read:
AB100,870,1312
100.174
(6) The department
of justice shall investigate violations of and
13enforce this section.
AB100, s. 1764
14Section
1764. 100.175 (5) (a) (intro.) of the statutes is amended to read:
AB100,870,2015
100.175
(5) (a) (intro.) No person may collect or by contract require a buyer to
16pay more than $100 for dating services before the buyer receives or has the
17opportunity to receive those services unless the person selling dating services
18establishes proof of financial responsibility by maintaining any of the following
19commitments approved by the department
of justice in an amount not less than
20$25,000:
AB100, s. 1765
21Section
1765. 100.175 (5) (b) of the statutes is amended to read:
AB100,871,222
100.175
(5) (b) The commitment described in par. (a) shall be established in
23favor of or made payable to the state, for the benefit of any buyer who does not receive
24a refund under the contractual provision described in sub. (3). The person selling
25dating services shall file with the department
of justice any agreement, instrument
1or other document necessary to enforce the commitment against the person selling
2dating services or any relevant 3rd party, or both.
AB100, s. 1766
3Section
1766. 100.175 (7) (a) (intro.) of the statutes is amended to read:
AB100,871,54
100.175
(7) (a) (intro.) The department
of justice or any district attorney may
5on behalf of the state:
AB100, s. 1767
6Section
1767. 100.175 (7) (b) of the statutes is amended to read:
AB100,871,107
100.175
(7) (b) The department
of justice may bring an action in circuit court
8to recover on a financial commitment maintained under sub. (5) against a person
9selling dating services or relevant 3rd party, or both, on behalf of any buyer who does
10not receive a refund due under the contractual provision described in sub. (3).
AB100, s. 1768
11Section
1768. 100.177 (1) (bm) of the statutes is created to read:
AB100,871,1312
100.177
(1) (bm) Notwithstanding s. 93.01 (3), "department" means the
13department of justice.
AB100, s. 1769
14Section
1769. 100.178 (1) (b) of the statutes is amended to read:
AB100,871,1615
100.178
(1) (b) Notwithstanding s. 93.01 (3), "department" means the
16department of
health and family services justice.
AB100, s. 1770
17Section
1770. 100.18 (11) (a) of the statutes is amended to read:
AB100,871,2218
100.18
(11) (a) The department of
agriculture, trade and consumer protection 19justice shall enforce this section. Actions to enjoin violation of this section or any
20regulations thereunder may be commenced and prosecuted by the department
of
21justice in the name of the state in any court having equity jurisdiction. This remedy
22is not exclusive.
AB100, s. 1771
23Section
1771. 100.18 (11) (b) 3. of the statutes is amended to read:
AB100,872,324
100.18
(11) (b) 3. No action may be commenced under this section more than
253 years after the occurrence of the unlawful act or practice which is the subject of the
1action. No injunction may be issued under this section which would conflict with
2general or special orders of the department
of justice or any statute, rule or
3regulation of the United States or of this state.
AB100, s. 1772
4Section
1772. 100.18 (11) (c) 1. of the statutes is amended to read:
AB100,872,135
100.18
(11) (c) 1. Whenever the department
of justice has reason to believe that
6a person is in possession, custody
, or control of any information or documentary
7material relevant to the enforcement of this section it may require that person to
8submit a statement or report, under oath or otherwise, as to the facts and
9circumstances concerning any activity in the course of trade or commerce; examine
10under oath that person with respect to any activity in the course of trade or
11commerce; and execute in writing and cause to be served upon such person a civil
12investigative demand requiring the person to produce any relevant documentary
13material for inspection and copying.
AB100, s. 1773
14Section
1773. 100.18 (11) (c) 2. of the statutes is amended to read:
AB100,872,1715
100.18
(11) (c) 2. The department
of justice, in exercising powers under this
16subsection, may issue subpoenas, administer oaths
, and conduct hearings to aid in
17any investigation.
AB100, s. 1774
18Section
1774. 100.18 (11) (c) 3. of the statutes is amended to read:
AB100,872,2219
100.18
(11) (c) 3. Service of any notice by the department
of justice requiring
20a person to file a statement or report, or service of a subpoena upon a person, or
21service of a civil investigative demand shall be made in compliance with the rules of
22civil procedure of this state.
AB100, s. 1775
23Section
1775. 100.18 (11) (c) 4. of the statutes is amended to read:
AB100,873,324
100.18
(11) (c) 4. If a person fails to file any statement or report, or fails to
25comply with any civil investigative demand, or fails to obey any subpoena issued by
1the department
of justice, such person may be coerced as provided in s. 885.12, except
2that no person shall be required to furnish any testimony or evidence under this
3subsection which might tend to incriminate the person.