AB40: Bill Text

AB40, s. 2277 Section 2277. 86.303 (5) (i) 2. of the statutes is amended to read:

AB40,920,11 86.303 (5) (i) 2. The amount of aids payable to the county or municipality under s. 86.30 (2) during the following year may not be reduced to less than 90% 85 percent of the aids actually paid to the county or municipality under s. 86.30 (2) during the preceding year.

AB40, s. 2278 Section 2278. 86.303 (7) (b) of the statutes is amended to read:

AB40,920,21 86.303 (7) (b) If the county or municipality fails to conduct an independent audit when ordered to do so by the department, the aids payable during the following year shall be equal to 90% 85 percent of the aids actually paid during the preceding year. If the department has reason to believe that the 90% 85 percent payment will be greater than the actual payment should be, the department may itself order an independent audit and deduct the audit costs from the transportation aids paid to the county or municipality under s. 86.30 (2). Any underpayment or overpayment of aids resulting from financial reporting errors shall be rectified by adjusting aids paid in the following year.

AB40, s. 2279 Section 2279. 91.04 (2) (j) of the statutes is amended to read:

AB40,920,25 91.04 (2) (j) Rezoning of land out of farmland preservation zoning districts under s. 91.48, including the amounts of conversion fees paid to political subdivisions under s. 91.48 (1) (b).

AB40, s. 2280 Section 2280. 91.48 (1) (intro.) of the statutes is amended to read:

AB40,921,5 91.48 (1) (intro.) A political subdivision with a certified farmland preservation zoning ordinance may rezone land out of a farmland preservation zoning district without having the rezoning certified under s. 91.36, if all of the following apply the political subdivision finds all of the following, after public hearing:

AB40, s. 2281 Section 2281. 91.48 (1) (a) (intro.) of the statutes is repealed.

AB40, s. 2282 Section 2282. 91.48 (1) (a) 1. to 4. of the statutes are renumbered 91.48 (1) (a) to (d).

AB40, s. 2283 Section 2283. 91.48 (1) (b) of the statutes is repealed.

AB40, s. 2284 Section 2284. 91.48 (2) (intro.) and (a) of the statutes are consolidated, renumbered 91.48 (2) and amended to read:

AB40,921,16 91.48 (2) A political subdivision shall by March of 1 of each year provide all of the following to the department: (a) A a report of the number of acres that the political subdivision has rezoned out of a farmland preservation zoning district under sub. (1) during the previous year and a map that clearly shows the location of those acres.

AB40, s. 2285 Section 2285. 91.48 (2) (b) and (c) of the statutes are repealed.

AB40, s. 2286 Section 2286. 91.48 (3) of the statutes is amended to read:

AB40,921,21 91.48 (3) A political subdivision that is not a county shall by March 1 of each year submit a copy of the information that it reports to the department under sub. (2) (a) and (b) to the county in which the political subdivision is located.

AB40, s. 2287 Section 2287. 91.49 of the statutes is repealed.

AB40, s. 2288 Section 2288. 92.025 (4) of the statutes is amended to read:

AB40,922,2 92.025 (4) Interim goal; state-run farms. The soil erosion rate on individual cropland fields of farms owned by the University of Wisconsin System , the University of Wisconsin–Madison, or any other department or agency of state government does not exceed the tolerable soil erosion level on or after July 1, 1990.

AB40, s. 2289 Section 2289. 92.04 (2) (g) of the statutes is amended to read:

AB40,922,7 92.04 (2) (g) Advise the University of Wisconsin System and University of Wisconsin–Madison. The board shall advise the University of Wisconsin System and University of Wisconsin–Madison annually on needed research and educational programs relating to soil and water conservation.

AB40, s. 2290 Section 2290. 92.05 (3) (d) of the statutes is amended to read:

AB40,922,12 92.05 (3) (d) Advise University of Wisconsin System and University of Wisconsin–Madison. The department shall advise the University of Wisconsin System and University of Wisconsin–Madison annually on developing research and educational programs relating to soil and water conservation.

AB40, s. 2291 Section 2291. 92.07 (5) of the statutes is amended to read:

AB40,922,19 92.07 (5) Educational and other programs. Each land conservation committee may encourage research and educational, informational and public service programs, advise the University of Wisconsin–Madison and University of Wisconsin System on educational needs and assist the University of Wisconsin–Madison and University of Wisconsin System and the department in implementing educational programs under ss. 36.25 37.25 (7), 59.56 (3) and 92.05.

AB40, s. 2292 Section 2292. 92.07 (15) of the statutes is amended to read:

AB40,922,25 92.07 (15) Administration and enforcement of ordinances. A land conservation committee may, if authorized by the county board, administer and enforce those provisions of an ordinance enacted under s. 101.65 (1) (a) related to construction site erosion, a zoning ordinance enacted under s. 59.693 or an ordinance enacted under authority granted under s. 281.33 (3m) 101.1206.

AB40, s. 2293 Section 2293. 93.07 (3) of the statutes is amended to read:

AB40,923,13 93.07 (3) Promotion of agriculture. To promote the interests of agriculture, dairying, horticulture, manufacturing, commercial fishing and the domestic arts and to advertise Wisconsin and its dairy, food, and agricultural products by conducting campaigns of education throughout the United States and in foreign markets. Such campaigns shall include the distribution of educational and advertising material concerning Wisconsin and its plant, animal, food, and dairy products. The department shall coordinate efforts by the state to advertise and promote agricultural products of this state, with the department of commerce Wisconsin Economic Development Corporation where appropriate. The department shall submit its request and plan for market development program expenditures for each biennium with its biennial budget request. The plan shall include the identification and priority of expenditures for each market development program activity.

AB40, s. 2294 Section 2294. 93.07 (18) (b) (intro.) of the statutes is amended to read:

AB40,923,18 93.07 (18) (b) (intro.) In consultation with the department of commerce Wisconsin Economic Development Corporation, to do all of the following for each economic development program administered by the department of agriculture, trade and consumer protection:

AB40, s. 2295 Section 2295. 93.07 (20) (title) of the statutes is amended to read:

AB40,923,21 93.07 (20) (title) Economic development assistance coordination and reporting.

AB40, s. 2296 Section 2296. 93.07 (20) of the statutes is renumbered 93.07 (20) (b) and amended to read:

AB40,924,6 93.07 (20) (b) Annually, no later than October 1, to submit to the joint legislative audit committee and to the appropriate standing committees of the legislature under s. 13.172 (3) a comprehensive report assessing economic development programs, as defined in sub. (18) (a), administered by the department. The report shall include all of the information required under s. 560.01 (2) (am) 238.07 (2). The department shall collaborate with the department of commerce Wisconsin Economic Development Corporation to make readily accessible to the public on an Internet-based system the information required under this subsection.

AB40, s. 2297 Section 2297. 93.07 (20) (a) of the statutes is created to read:

AB40,924,9 93.07 (20) (a) The department shall coordinate any economic development assistance with the Wisconsin Economic Development Corporation.

AB40, s. 2298 Section 2298. 93.07 (26) of the statutes is amended to read:

AB40,924,14 93.07 (26) Alternative fuel refueling facilities. To pursue in cooperation with the office of energy independence, the establishment and maintenance of sufficient alternative fuel refueling facilities at public retail outlets to meet the traveling needs of the public.

AB40, s. 2299 Section 2299. 93.33 (5) (intro.) of the statutes is amended to read:

AB40,925,3 93.33 (5) Annual report. (intro.) In September of each year, the council shall submit a report to the appropriate standing committees of the legislature as determined by the speaker of the assembly and the president of the senate, under s. 13.172 (3), the governor, the secretary of agriculture, trade and consumer protection, the state superintendent of public instruction, the secretary of workforce development, the secretary of natural resources, the secretary of commerce chief executive officer of the Wisconsin Economic Development Corporation, the president of the University of Wisconsin System, the director of the technical college system, the chancellor of the University of Wisconsin-Extension, the chancellor of the University of Wisconsin-Madison, the chancellor of the University of Wisconsin-Platteville, the chancellor of the University of Wisconsin-River Falls, and the chancellor of the University of Wisconsin-Stevens Point. The council shall include all of the following in the report:

AB40, s. 2300 Section 2300. 93.42 (1) (e) of the statutes is amended to read:

AB40,925,7 93.42 (1) (e) Cooperating with the department of commerce Wisconsin Economic Development Corporation in promoting the state's products through the state's foreign trade offices.

AB40, s. 2301 Section 2301. 93.42 (3) of the statutes is repealed.

AB40, s. 2302 Section 2302. 93.45 of the statutes is repealed.

AB40, s. 2303 Section 2303. 93.46 (1) (am) of the statutes is repealed.

AB40, s. 2304 Section 2304. 93.46 (2) (c) of the statutes is amended to read:

AB40,925,14 93.46 (2) (c) The department may not fund any project under this subsection if the proposed length of the project exceeds 3 years. The total funding to a single project under this subsection may not exceed $50,000 $100,000.

AB40, s. 2305 Section 2305. 93.46 (2) (d) of the statutes is repealed.

AB40, s. 2306 Section 2306. 93.48 of the statutes is repealed.

AB40, s. 2307 Section 2307. 93.73 of the statutes is repealed.

AB40, s. 2308 Section 2308. 93.80 of the statutes is amended to read:

AB40,925,22 93.80 Arsenic in wood. The department, jointly with the department of commerce safety and professional services, shall review scientific evidence to determine whether there is a substantial likelihood that wood treated with copper, chromium, and arsenic is harmful to the environment or to human health.

AB40, s. 2309 Section 2309. 96.01 (4m) of the statutes is amended to read:

AB40,926,3 96.01 (4m) "Bioenergy feedstock" has the meaning given in s. 16.954 (1) (b) means biomass used to produce energy, including transportation fuel, heat, or electricity.

AB40, s. 2310 Section 2310. 100.14 (2) of the statutes is amended to read:

AB40,926,9 100.14 (2) The secretary of state department of financial institutions shall, upon application of the department of agriculture, trade and consumer protection, record any such label or trademark under ss. 132.01 to 132.11. The department of agriculture, trade and consumer protection shall be entitled to protect such label or trademark under said sections and in any other manner authorized by law.

AB40, s. 2311 Section 2311. 100.20 (2) (c) of the statutes is created to read:

AB40,926,14 100.20 (2) (c) 1. Notwithstanding par. (a), beginning on the effective date of this subdivision .... [LRB inserts date], the department may not issue any order or promulgate any rule, or enforce any order or rule, that regulates unfair methods of competition or unfair trade practices relating to any of the following activities:

AB40,926,15 a. Remodeling or otherwise improving residential or noncommercial property.

AB40,926,16 b. Basement waterproofing.

AB40,926,17 c. Real estate advertising.

AB40,926,18 d. Renting of mobile home sites and sales of mobile homes.

AB40,926,19 e. Renting of residential dwelling units and mobile homes.

AB40,926,22 2. Beginning of the effective date of this subdivision .... [LRB inserts date], the department of safety and professional services may promulgate rules and issue orders regulating the unfair methods and practices described in subd. 1.

AB40,927,7 3. All rules promulgated by the department of agriculture, trade and consumer protection regulating the unfair methods or practices as described in subd. 1. that are in effect on the effective date of this subdivision .... [LRB inserts date], remain in effect until their specified expiration date or until amended or repealed by the department of safety and professional services. All orders issued by the department of agriculture, trade and consumer protection regulating the unfair methods or practices as described in subd. 1. that are in effect on the effective date of this subdivision .... [LRB inserts date], remain in effect until their specified expiration date or until modified or rescinded by the department of safety and professional services and shall be enforced by the department of safety and professional services.

AB40, s. 2312 Section 2312. 100.60 (1) (b) 2. of the statutes is amended to read:

AB40,927,13 100.60 (1) (b) 2. Any other fuel that can substitute for petroleum-based diesel fuel, that is derived from a renewable resource, that meets all of the applicable requirements of the American Society for Testing and Materials for that fuel, and that the department of commerce safety and professional services designates as a diesel-replacement renewable fuel under sub. (7) (a).

AB40, s. 2313 Section 2313. 100.60 (1) (c) 2. of the statutes is amended to read:

AB40,927,19 100.60 (1) (c) 2. Any other fuel that can substitute for gasoline, that is derived from a renewable resource, that meets all of the applicable requirements of the American Society for Testing and Materials for that fuel, and that the department of commerce safety and professional services designates as a gasoline-replacement renewable fuel under sub. (7) (b).

AB40, s. 2314 Section 2314. 100.60 (3) (a) of the statutes is amended to read:

AB40,927,25 100.60 (3) (a) Annually, beginning in 2011, the department, in cooperation with and with assistance from the department of commerce, safety and professional services and the department of revenue, and the office of energy independence, shall determine whether the annual goals for sales of renewable fuels in sub. (2) (b) and (c), for the previous year, were met in the state in that year.

AB40, s. 2315 Section 2315. 100.60 (6) (a) of the statutes is amended to read:

AB40,928,11 100.60 (6) (a) The department shall consult with the department of commerce, safety and professional services and the department of revenue, and the office of energy independence to determine if information necessary to make a determination under sub. (3) (a) or an assessment under sub. (4) is being collected by these agencies under laws in effect on June 2, 2010. If the information is not being collected, the department may request the department of commerce, safety and professional services and the department of revenue, or the office of energy independence to collect the information if collection by one of these agencies is more cost-effective for state government and less burdensome for the persons subject to the reporting requirements than collection of the information by the department.

AB40, s. 2316 Section 2316. 100.60 (7) (title) of the statutes is amended to read:

AB40,928,14 100.60 (7) (title) Department of commerce safety and professional services authority.

AB40, s. 2317 Section 2317. 100.60 (7) (a) of the statutes is amended to read:

AB40,928,20 100.60 (7) (a) The department of commerce safety and professional services may promulgate a rule designating a fuel that can substitute for petroleum-based diesel fuel, that is derived from a renewable resource, and that meets all of the applicable requirements of the American Society for Testing and Materials for that fuel as a diesel-replacement renewable fuel for the purposes of this section.

AB40, s. 2318 Section 2318. 100.60 (7) (b) of the statutes is amended to read:

AB40,929,2 100.60 (7) (b) The department of commerce safety and professional services may promulgate a rule designating a fuel that can substitute for gasoline, that is derived from a renewable resource, and that meets all of the applicable requirements of the American Society for Testing and Materials for that fuel as a gasoline-replacement renewable fuel for the purposes of this section.

AB40, s. 2319 Section 2319. Chapter 101 (title) of the statutes is amended to read:

AB40,929,4 CHAPTER 101

AB40,929,7 DEPARTMENT OF COMMERCE safety and professional services — regulation of industry, buildings and safety

AB40, s. 2320 Section 2320. 101.01 (1m) of the statutes is amended to read:

AB40,929,10 101.01 (1m) "Department" means the department of commerce safety and professional services.