AB100: Bill Text Engrossed

AB100-engrossed,757,2 93.46 (4) The department may not make a grant under this section for an ethanol production facility on which construction begins after the effective date of this subsection .... [revisor inserts date], unless a competitive bidding process is used for the construction of the ethanol production facility.

AB100-engrossed, s. 1752d Section 1752d. 93.47 (2) of the statutes is amended to read:

AB100-engrossed,757,8 93.47 (2) The department may award grants from the appropriation accounts under s. 20.115 (4) (c) and (r) and (8) (g) to individuals or organizations to fund demonstration projects designed to encourage the use of sustainable agriculture. The department shall promulgate rules to govern the sustainable agriculture grant program under this section.

AB100-engrossed, s. 1752f Section 1752f. 93.75 (1) (intro.) of the statutes is amended to read:

AB100-engrossed,757,12 93.75 (1) Eligibility. (intro.) Beginning on July 1, 2001, the department shall administer a program under which the department makes payments to a person who produces ethanol and who satisfies if all of the following criteria are satisfied:

AB100-engrossed, s. 1752g Section 1752g. 93.75 (1) (d) of the statutes is created to read:

AB100-engrossed,757,16 93.75 (1) (d) If construction of the ethanol production facility begins after the effective date of this paragraph .... [revisor inserts date], a competitive bidding process is used for the construction of the ethanol production facility.

AB100-engrossed, s. 1752m Section 1752m. 94.64 (4) (a) 5. of the statutes is amended to read:

AB100-engrossed,757,20 94.64 (4) (a) 5. An agricultural chemical cleanup surcharge of 86 63 cents per ton on all fertilizer that the person sells or distributes in this state after June 30, 2005, unless the department establishes a lower surcharge under s. 94.73 (15).

AB100-engrossed, s. 1753 Section 1753. 95.23 (1m) (b) of the statutes is amended to read:

AB100-engrossed,758,5 95.23 (1m) (b) The department shall indemnify the owner of an animal that must be killed in order to conduct testing under par. (a), if funds are available from the appropriation under s. 20.115 (2) (m) or (8) (ks) to pay the indemnity, in an amount equal to two-thirds of the difference between the net salvage value and the appraised value of the animal but not more than $1,500 for one animal, except as provided in s. 95.31 (3m). The department may pay an indemnity under this paragraph from the appropriation account under s. 20.115 (2) (b) only if funds received by the department under s. 20.115 (2) (m) and (8) (ks) for the payment of indemnities are insufficient to pay the indemnity.

AB100-engrossed, s. 1754 Section 1754. 95.31 (3) of the statutes is amended to read:

AB100-engrossed,758,16 95.31 (3) In addition to the indemnities for specific animal diseases provided under ss. 95.25, 95.26 and 95.27 or under special emergency programs and subject to s. 95.36, the department shall pay indemnities on livestock condemned and slaughtered or destroyed because of other diseases if the department determines that the condemnation and slaughter or destruction is necessary to protect public health or the livestock industry. The indemnity under this subsection shall be two-thirds of the difference between net salvage value and appraised value, but may not exceed $1,500 for an animal, except as provided in sub (3m). As used in this subsection, "livestock" means animals of species raised primarily to produce food for human consumption, including farm-raised deer.

AB100-engrossed, s. 1755 Section 1755. 95.31 (3m) of the statutes is created to read:

AB100-engrossed,758,24 95.31 (3m) If the department condemns an animal because the animal is suspected to have a transmissible spongiform encephalopathy and the owner disposes of the carcass as directed by the department, the department shall increase the amount of the indemnity calculated under sub. (3) or s. 95.23 (1m) (b) by the costs of the destruction of the animal and of the disposal, transportation, and any necessary storage of the animal's carcass. An indemnity paid because of the condemnation of an animal to which this subsection applies may exceed $1,500.

AB100-engrossed, s. 1756d Section 1756d. 95.60 (2) (d) of the statutes is repealed.

AB100-engrossed, s. 1756e Section 1756e. 95.60 (2) (e) of the statutes is created to read:

AB100-engrossed,759,4 95.60 (2) (e) The department shall provide the department of natural resources with a copy of each application for a permit under par. (a) and of each permit issued under par. (a).

AB100-engrossed, s. 1756g Section 1756g. 95.60 (4s) (b) of the statutes is amended to read:

AB100-engrossed,759,8 95.60 (4s) (b) In consultation with the department of natural resources, promulgate Promulgate rules specifying fish health standards and requirements for certifying that fish meet those standards for the purpose of s. 29.736.

AB100-engrossed, s. 1756h Section 1756h. 95.60 (4s) (d) of the statutes is amended to read:

AB100-engrossed,759,12 95.60 (4s) (d) In consultation with the department of natural resources, promulgate Promulgate rules specifying diseases and requirements for certifying that fish are free of those diseases for the purposes of sub. (2) (b).

AB100-engrossed, s. 1756i Section 1756i. 95.60 (6) (a) of the statutes is renumbered 95.60 (6).

AB100-engrossed, s. 1756j Section 1756j. 95.60 (6) (c) of the statutes is repealed.

AB100-engrossed, s. 1756L Section 1756L. 95.60 (9) of the statutes is created to read:

AB100-engrossed,759,17 95.60 (9) The department of natural resources is subject to this section, except for the fees under sub. (5).

AB100-engrossed, s. 1769L Section 1769L. 100.18 (2) (d) of the statutes is created to read:

AB100-engrossed,760,2 100.18 (2) (d) Notwithstanding par. (a) 1., a retailer is not required to state in an advertisement or other representation the amount of a fee charged by the retailer to recover the cost to the retailer of registering, and obtaining certificates of title for, motor vehicles that the retailer offers for rent, if the fee is calculated so that the total of all such fees collected by the retailer in a year will, as closely as practicable, equal the actual cost to the retailer of registering, and obtaining certificates of title for, motor vehicles that the retailer offers for rent. Notwithstanding par. (a) 2., for the rental of a motor vehicle a retailer may charge, in addition to the regular price, a fee under this paragraph.

AB100-engrossed, s. 1769m Section 1769m. 100.18 (2) (e) of the statutes is created to read:

AB100-engrossed,760,8 100.18 (2) (e) If, in any year, the total fees collected by a retailer under par. (d) exceed the actual cost to the retailer in that year of registering, and obtaining certificates of title for, the motor vehicles that the retailer offers for rent, the excess fees shall be used to offset the amount of a fee under par. (d) that is charged by the retailer in the following year.

AB100-engrossed, s. 1769n Section 1769n. 100.18 (2) (f) of the statutes is created to read:

AB100-engrossed,760,18 100.18 (2) (f) Beginning in 2007, annually, not later than March 1, a retailer that collects a fee under par. (d) shall submit to the department, on a form provided by the department, a report stating the total amount of such fees collected in the preceding year and stating the total amount expended by the retailer to register, and obtain certificates of title for, the motor vehicles that the retailer offers for rent. A dealer submitting a report under this paragraph shall also pay to the department a fee of $75. A retailer that offers motor vehicles for rent at more than one location or franchise may submit a single report and fee for all of the retailer's locations or franchises.

AB100-engrossed, s. 1779t Section 1779t. 100.20 (1n) of the statutes is created to read:

AB100-engrossed,760,21 100.20 (1n) It is an unfair method of competition or an unfair trade practice for any person to sell cigarettes to consumers in this state in violation of s. 139.345.

AB100-engrossed, s. 1829p Section 1829p. 101.143 (9m) (g) 2. of the statutes is amended to read:

AB100-engrossed,761,5 101.143 (9m) (g) 2. Revenue obligations issued under this subsection may not exceed $436,000,000 $386,924,000 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.

AB100-engrossed, s. 1830e Section 1830e. 101.63 (3m) of the statutes is renumbered 101.657 (1) and amended to read:

AB100-engrossed,761,11 101.657 (1) Contract The department shall contract with a private organization to provide education regarding construction standards and inspection requirements under this subchapter and under rules promulgated under this subchapter to builders of dwellings in this state.

AB100-engrossed,761,16 (4) Each contract under sub. (1), (2), and (3) shall be a separate contract. The department may only contract with an organization under this subsection if the organization is is limited for these contracts to contracting only with organizations that are described in section 501 (c) (6) of the Internal Revenue Code and is are exempt from federal income tax under section 501 (a) of the Internal Revenue Code.

AB100-engrossed, s. 1830g Section 1830g. 101.657 (title) of the statutes is created to read:

AB100-engrossed,761,18 101.657 (title) Education contracts for builders and consumers.

AB100-engrossed, s. 1830h Section 1830h. 101.657 (2) of the statutes is created to read:

AB100-engrossed,761,21 101.657 (2) The department shall contract with a private organization to provide education regarding business practices to builders of dwellings in this state.

AB100-engrossed, s. 1830j Section 1830j. 101.657 (3) of the statutes is created to read:

AB100-engrossed,762,2 101.657 (3) The department shall contract with a private organization to provide education regarding the dwelling building process to consumers in this state. The education curriculum shall include selecting a contractor, the construction process, and consumer protection.

AB100-engrossed, s. 1830m Section 1830m. 101.657 (5) of the statutes is created to read:

AB100-engrossed,762,7 101.657 (5) From the appropriation under s. 20.143 (3) (j), beginning with fiscal year 2005-06, the department shall allocate $100,000 annually for the contract required under sub. (2) and at least $600,000 annually for the contract required under sub. (3).

AB100-engrossed, s. 1834v Section 1834v. 106.12 (title) of the statutes is repealed.

AB100-engrossed, s. 1834x Section 1834x. 106.12 (1) of the statutes is repealed.

AB100-engrossed, s. 1835d Section 1835d. 106.12 (2) of the statutes is renumbered 106.12 and amended to read:

AB100-engrossed,762,21 106.12 Employment and education program administration. The board department shall plan, coordinate, administer, and implement the youth apprenticeship program under s. 106.13 (1) and such other employment and education programs as the governor may by executive order assign to the board department. Notwithstanding any limitations placed on the use of state employment and education funds under this section or s. 106.13 or under an executive order assigning an employment and education program to the board department, the board department may issue a general or special order waiving any of those limitations on finding that the waiver will promote the coordination of employment and education services.

AB100-engrossed, s. 1835g Section 1835g. 106.12 (3) of the statutes is repealed.

AB100-engrossed, s. 1835m Section 1835m. 106.12 (4) of the statutes is renumbered 38.40 (4r) and amended to read:

AB100-engrossed,763,7 38.40 (4r) Publications and seminars. The board may provide publications and seminars relating to the employment and education programs administered by the board and may establish a schedule of fees for those publications and seminars. Fees established under this subsection for publications and seminars provided by the board may not exceed the actual cost incurred in providing those publications and seminars. The fees collected under this subsection shall be credited to the appropriation account under s. 20.445 (7) 20.292 (1) (ga).

AB100-engrossed, s. 1835p Section 1835p. 106.13 (title) of the statutes is amended to read:

AB100-engrossed,763,10 106.13 (title) Youth apprenticeship, school-to-work and work-based learning programs program.

AB100-engrossed, s. 1837d Section 1837d. 106.13 (2) of the statutes is amended to read:

AB100-engrossed,763,15 106.13 (2) The council on workforce investment established under 29 USC 2821, the technical college system board, and the department of public instruction shall assist the board department in providing the youth apprenticeship program under sub. (1).

AB100-engrossed, s. 1838d Section 1838d. 106.13 (2m) of the statutes is amended to read:

AB100-engrossed,763,20 106.13 (2m) The board department shall approve occupations and maintain a list of approved occupations for the youth apprenticeship program. From the appropriation under s. 20.445 (1) (a), the board department shall develop curricula for youth apprenticeship programs for occupations approved under this subsection.

AB100-engrossed, s. 1839d Section 1839d. 106.13 (3m) (b) (intro.) of the statutes is amended to read:

AB100-engrossed,764,7 106.13 (3m) (b) (intro.) From the appropriation under s. 20.445 (1) (e), the board department shall award grants to applying local partnerships for the implementation and coordination of local youth apprenticeship programs. A local partnership shall include in its grant application the identity of each public agency, nonprofit organization, individual, and other person who is a participant in the local partnership, a plan to accomplish the implementation and coordination activities specified in subds. 1. to 6., and the identity of a fiscal agent who shall be responsible for receiving, managing, and accounting for the grant moneys received under this paragraph. Subject to par. (c), a local partnership that is awarded a grant under this paragraph may use the grant moneys awarded for any of the following implementation and coordination activities:

AB100-engrossed, s. 1839g Section 1839g. 106.13 (3m) (b) 6. of the statutes is amended to read:

AB100-engrossed,764,10 106.13 (3m) (b) 6. Any other implementation or coordination activity that the board department may direct or permit the local partnership to perform.

AB100-engrossed, s. 1839j Section 1839j. 106.13 (4) (a) 1d. of the statutes is amended to read:

AB100-engrossed,764,14 106.13 (4) (a) 1d. "Eligible employer" means an employer that is eligible to receive a grant under this subsection according to the criteria established by the board department under par. (d).

AB100-engrossed, s. 1839m Section 1839m. 106.13 (4) (b) of the statutes is amended to read:

AB100-engrossed,765,2 106.13 (4) (b) From the appropriation under s. 20.445 (7) (1) (em), the board department may award a grant to a public agency or a nonprofit organization, or to an eligible employer that is responsible for the on-the-job training and supervision of a youth apprentice. A public agency or nonprofit organization that receives a grant under this subsection shall use the funds awarded under the grant to award training grants to eligible employers that provide on-the-job training and supervision for youth apprentices. Subject to par. (c), a training grant provided under this subsection may be awarded to an eligible employer for each youth apprentice who receives at least 180 hours of paid on-the-job training from the eligible employer during a school year, as defined in s. 115.001 (13). The amount of a training grant may not exceed $500 per youth apprentice per school year. A training grant may not be awarded for any specific youth apprentice for more than 2 school years.

AB100-engrossed, s. 1839p Section 1839p. 106.13 (4) (c) of the statutes is amended to read:

AB100-engrossed,765,9 106.13 (4) (c) Notwithstanding par. (b), the board department may award a training grant under this subsection to an eligible employer that provides less than 180 hours of paid on-the-job training for a youth apprentice during a school year, as defined in s. 115.001 (13), if the board department determines that it would be beneficial for the youth apprentice to receive on-the-job training from more than one eligible employer.

AB100-engrossed, s. 1839r Section 1839r. 106.13 (4) (d) of the statutes is amended to read:

AB100-engrossed,765,16 106.13 (4) (d) The board department shall establish eligibility criteria for a grant under this subsection. That criteria shall specify that eligibility for a grant shall be limited to small employers, as determined by the board department, and to employers providing on-the-job training in employment areas determined by the board department. Notwithstanding sub. (5), those criteria need not be promulgated as rules.

AB100-engrossed, s. 1839t Section 1839t. 106.13 (5) of the statutes is amended to read:

AB100-engrossed,765,19 106.13 (5) The board department shall promulgate rules to administer this section.

AB100-engrossed, s. 1839u Section 1839u. 106.50 (6) (c) 2. of the statutes is amended to read:

AB100-engrossed,766,7 106.50 (6) (c) 2. At the conclusion of the investigation of the allegations, the department shall make a determination as to whether probable cause exists to believe that discrimination has occurred or is about to occur. In making a determination of probable cause, the department shall consider whether the facts concerning the alleged discrimination are sufficient to warrant the initiation of a civil action. If the department determines that probable cause exists, the department shall immediately issue a charge on behalf of the aggrieved person and refer the charge to the attorney general. If the attorney general concurs in the department's determination of probable cause, the attorney general shall represent the aggrieved person at the hearing under par. (f) or, if an election is made under subd. 2m., shall commence a civil action in the name of the state on behalf of the aggrieved person under sub. (6m).

AB100-engrossed,766,17 2m. Service of copies of the charge shall be made on the complainant, the respondent, and the aggrieved person by certified mail, return receipt requested. When a charge is filed, a complainant, a respondent, or an aggrieved person on whose behalf the complaint was filed may elect to have the claims asserted in that charge decided in a civil action under sub. (6m) in lieu of a hearing under par. (f). The election shall be made no later than 20 days after the receipt by the electing person of service of the charge, along with information about how to make the election. If an election is made, the person making the election shall give notice of doing so to the department and to all other complainants and respondents to whom the charge relates. The department shall notify the aggrieved persons that an election is made.

AB100-engrossed, s. 1839v Section 1839v. 106.50 (6) (d) of the statutes is amended to read:

AB100-engrossed,767,3 106.50 (6) (d) Temporary judicial relief. At any time after a complaint is filed alleging discrimination in violation of sub. (2), (2m), or (2r), the department may request the attorney general to file a petition in the circuit court for the county in which the act of discrimination allegedly occurred or for the county in which a respondent resides or transacts business, seeking a temporary injunction or restraining order against the respondent to prevent the respondent from performing an act that would tend to render ineffectual an order that the department may enter with respect to the complaint, pending final determination of proceedings under this section. On receipt of the department's request, the attorney general shall promptly file the petition.

AB100-engrossed, s. 1839w Section 1839w. 106.50 (6) (e) 4. of the statutes is amended to read:

AB100-engrossed,767,8 106.50 (6) (e) 4. Whenever the department has reasonable cause to believe that a respondent has breached a conciliation agreement, the department shall refer the matter to the department of justice attorney general with a recommendation that a civil action be filed for enforcement of the agreement.

AB100-engrossed, s. 1839x Section 1839x. 106.50 (6) (f) 2. of the statutes is amended to read:

AB100-engrossed,767,15 106.50 (6) (f) 2. If an election is not made under par. (c) 2. 2m., the hearing shall be conducted by a hearing examiner. A If the attorney general has concurred in the department's determination of probable cause under par. (c) 2., the aggrieved person on whose behalf the charge was issued shall be represented by the attorney general. Any other person who is aggrieved, with respect to the issues to be determined at the hearing, may be represented by private counsel.

AB100-engrossed, s. 1839y Section 1839y. 106.50 (6) (f) 3. of the statutes is amended to read:

AB100-engrossed,767,22 106.50 (6) (f) 3. The department, the attorney general, or a party's attorney of record may issue a subpoena to compel the attendance of a witness or the production of evidence. A subpoena issued by an attorney shall be in substantially the same form as provided in s. 805.07 (4) and shall be served in the manner provided in s. 805.07 (5). The attorney shall, at the time of issuance, send a copy of the subpoena to the hearing examiner who is responsible for conducting the hearing.

AB100-engrossed, s. 183z Section 183z. 106.50 (6m) (a) of the statutes is amended to read:

AB100-engrossed,768,2 106.50 (6m) (a) Any person, including the state, alleging a violation of sub. (2), (2m), or (2r), including the attorney general on behalf of an aggrieved person, may bring a civil action for injunctive relief, for damages, including punitive damages, and, in the case of a prevailing plaintiff, for court costs and reasonable attorney fees.

AB100-engrossed, s. 1840 Section 1840. 108.02 (13) (k) of the statutes is amended to read:

AB100-engrossed,768,9 108.02 (13) (k) "Employer" does not include a county department or aging unit, or, under s. 46.2785, a private agency that serves as a fiscal agent or contracts with a fiscal intermediary to serve as a fiscal agent under s. 46.27 (5) (i) or 47.035 as to any individual performing services for a person receiving long-term support services under s. 46.27 (5) (b), 46.275, 46.277, 46.278, 46.2785, 46.286, 46.495, 51.42, or 51.437 or personal assistance services under s. 47.02 (6) (c).