2017 - 2018 LEGISLATURE
February 6, 2017 - Introduced by Representatives Spiros, Krug, E. Brooks,
Edming, Tauchen and Vruwink, cosponsored by Senators Testin, Petrowski,
Cowles, Moulton and Olsen. Referred to Committee on Agriculture.
AB53,1,3 1An Act to renumber and amend 94.02 (1); to amend 94.02 (2); and to create
294.02 (1) (b) of the statutes; relating to: time periods for the abatement of late
3blight of potatoes.
Analysis by the Legislative Reference Bureau
This bill provides that the treatment of late blight of potatoes by use of an
antisporulant, when ordered by the Department of Agriculture, Trade and
Consumer Protection, must be completed within 24 hours of the order's issuance, and
that the destruction of plants due to late blight of potatoes, when ordered by DATCP,
must be completed within 72 hours of the order's issuance. Under current law a
person has ten days to comply with an order from DATCP regarding pest abatement.
The bill also allows DATCP to extend the time period for abating late blight of
potatoes if the ordered treatment or destruction cannot be completed in time due to
adverse weather conditions.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB53,1 4Section 1. 94.02 (1) of the statutes is renumbered 94.02 (1) (a) and amended
5to read:
194.02 (1) (a) If the department finds any premises, or any plants, plant parts,
2or pest-harboring materials located thereon are so infested or infected with injurious
3pests as to constitute a hazard to plant or animal life in the state, or any area thereof,
4it may notify the owner or person having charge of such premises to that effect, and
5the owner or person in charge shall, within 10 days after such notice, cause the
6treatment of the premises or the treatment or removal and destruction of infested
7or infected plants, host plants, or other pest-harboring material as directed in the
8notice within 10 days after such notice, except as provided in par. (b).
AB53,2,12 9(c) No person may violate the terms of any notice received under this
10subsection, nor may any damages be awarded to the owner for such treatment,
11removal or destruction. Any person affected by a notice or order may appeal to the
12department and request a hearing under s. 94.01 (2).
AB53,2 13Section 2. 94.02 (1) (b) of the statutes is created to read:
AB53,2,2414 94.02 (1) (b) If the department, in a notice provided under par. (a), directs the
15owner or person in charge to treat late blight of potatoes with an antisporulant, the
16owner or person in charge shall cause the treatment as directed in the notice within
1724 hours after the notice is issued. If the department, in a notice provided under par.
18(a), directs the owner or person in charge to remove and destroy infected plants, host
19plants, or other pest-harboring material due to the existence of late blight of
20potatoes, the owner or person in charge shall cause the removal and destruction as
21directed in the notice within 72 hours after the notice is issued. The department may
22extend the time periods for compliance under this paragraph if it determines that the
23treatment or the removal and destruction cannot be completed within the applicable
24time period.
AB53,3 25Section 3. 94.02 (2) of the statutes is amended to read:
194.02 (2) If the owner or person in charge fails to comply with the terms of the
2notice, within 10 days after receiving it the time period described in sub. (1), the
3department or any cooperating local unit of government may proceed to treat the
4premises or to treat or destroy the infested or infected plants or other material. The
5expense of such abatement shall be certified to the town, city or village clerk and
6assessed, collected and enforced against the premises upon which such expense was
7incurred as taxes are assessed, collected, and enforced, and shall be paid to the
8cooperating unit of government incurring the expense, or into the general fund if the
9control work was conducted by the department.
AB53,3,1010 (End)