AB150: Bill Text

AB150, s. 3526 Section 3526. 85.14 (2) of the statutes is amended to read:

AB150,1250,17 85.14 (2) The department shall certify to the state treasurer the amount of charges associated with the use of credit cards that is assessed to the department on deposits accepted under s. 345.26 (3) (a) by state traffic patrol officers and state motor vehicle inspectors, and the state treasurer shall pay the charges from moneys under s. 59.20 (8) and (8m) that are reserved for payment of the charges under s. 14.58 (21) 16.413 (1) (s).

AB150, s. 3527 Section 3527. 86.12 (2) of the statutes is amended to read:

AB150,1250,24 86.12 (2) If a railroad company fails to comply with the resolution in sub. (1) within 30 days after service of the resolution, the county board, common council, village board or town board may file a complaint with the office department alleging the failure. The office department shall investigate and determine the matter in controversy as provided in ch. 195. An order issued by the office under this subsection has the same effect as an order in a proceeding brought under ch. 195.

AB150, s. 3528 Section 3528. 86.13 (3) of the statutes is amended to read:

AB150,1251,8 86.13 (3) If any railroad company fails to grade, construct, pave, surface or otherwise improve or maintain in good and safe condition for public travel as required by this section any street or highway crossing after having been notified so to do by the officer in charge thereof or of the highway improvement for 30 days after such notification, the highway authorities may file a complaint with the office department. The office department shall investigate and determine the matter in controversy as provided in ch. 195. An order issued by the office under this subsection has the same effect as an order in a proceeding brought under ch. 195.

AB150, s. 3529 Section 3529. 88.05 (6) of the statutes is amended to read:

AB150,1251,12 88.05 (6) Railroad companies shall file with the secretary of state department of revenue a document stating the name and post-office address of the person upon whom any notice required by this chapter may be served.

AB150, s. 3530 Section 3530. 88.66 (2) of the statutes is amended to read:

AB150,1252,2 88.66 (2) Every district whose drains cross the right-of-way of a railway company is liable to such company for the reasonable cost of opening its right-of-way and also for the cost of the culverts and bridges made necessary by such drain. The drainage board shall include such costs in its cost of construction, as set forth in its report of benefits and damages, and shall award them as damages to the railway company. The bridge or culvert shall be designed by the district's engineer and the design submitted to the railway company for approval. If a dispute arises as to the adequacy of the design, either party may submit the dispute to the office of the commissioner of railroads division of hearing and appeals in the department of administration by filing with the office division of hearings and appeals a statement as to the facts involved and the nature of the dispute. The office division of hearings and appeals shall investigate and determine the matter in controversy in accordance with ch. 195, and any order it makes in such proceeding has the same effect as an order in any other proceeding properly brought under ch. 195.

AB150, s. 3531 Section 3531. 88.87 (4) of the statutes is amended to read:

AB150,1252,10 88.87 (4) If a railway company fails to comply with sub. (2), any person aggrieved thereby may file a complaint with the office of the commissioner of railroads division of hearing and appeals in the department of administration setting forth the facts. The office division of hearings and appeals shall investigate and determine the matter in controversy in accordance with ch. 195, and any order it makes in such proceeding has the same effect as an order in any other proceeding properly brought under ch. 195.

AB150, s. 3532 Section 3532. 88.88 (2) of the statutes is amended to read:

AB150,1252,18 88.88 (2) If the railway company fails to comply with sub. (1), the person aggrieved thereby may file a complaint with the office of the commissioner of railroads division of hearings and appeals in the department of administration setting forth the facts. The office division of hearings and appeals shall investigate and determine the matter in controversy in accordance with ch. 195, and any order it makes in such proceeding has the same effect as an order in any other proceeding properly brought under ch. 195.

AB150, s. 3533 Section 3533. 91.01 (6) of the statutes is amended to read:

AB150,1253,3 91.01 (6) "Eligible farmland" means a parcel of 35 or more acres of contiguous land which is devoted primarily to agricultural use, including land designated by the department of natural resources as part of the ice age trail under s. 23.17 27.0135, which during the year preceding application for a farmland preservation agreement produced gross farm profits, as defined in s. 71.58 (4), of not less than $6,000 or which, during the 3 years preceding application produced gross farm profits, as defined in s. 71.58 (4), of not less than $18,000, or a parcel of 35 or more acres of which at least 35 acres, during part or all of the year preceding application, were enrolled in the conservation reserve program under 16 USC 3831 to 3836.

AB150, s. 3534 Section 3534. 91.07 of the statutes is repealed.

AB150, s. 3535 Section 3535. 91.13 (8) (c) of the statutes is amended to read:

AB150,1253,11 91.13 (8) (c) A structure or improvement made as an incident to a scenic, access or utility easement or license, a lease for oil and natural gas exploration and extraction, and an easement granted for the purpose of using land as, or land used as, part of the ice age trail under ss. 23.17 and 23.293 27.0135 and 27.0136 and structures and improvements made as an incident to that use or those easements, is consistent with agricultural use under pars. (a) and (b).

AB150, s. 3536 Section 3536. 91.13 (8) (fm) of the statutes is repealed.

AB150, s. 3537 Section 3537. 91.17 of the statutes is amended to read:

AB150,1253,19 91.17 Change of ownership. (1) Land subject to a farmland preservation agreement may be sold without a lien being filed under s. 91.19, subject to the reservation of rights contained in the agreement. The seller shall notify the department of any such transfer. The purchaser shall be liable under any subsequent lien under s. 91.19 only for the amount of tax credits paid on that portion of the land purchased.

AB150,1253,23 (2) When the owner of land subject to a farmland preservation agreement dies or is certified by a physician to be totally and permanently disabled, the land may be released from the program under this chapter and shall not be subject to a lien under s. 91.19 (8).

AB150,1254,5 (3) A residence or structure located on a parcel of 5 acres or less which is subject to an agreement and which may, for purposes of farm consolidation and, be separated from other land subject to that agreement in compliance with the ordinances of the city, village or town and county in which it is located, is separated from other land subject to that agreement is not subject to a lien under s. 91.19 when that agreement expires if the residence or structure existed prior to the effective date of that agreement.

AB150, s. 3538 Section 3538. 91.19 (3) of the statutes is amended to read:

AB150,1254,15 91.19 (3) If the request for relinquishment of the farmland preservation agreement or release of part of the land from the agreement is approved by the local governing body having jurisdiction, a copy of the application, along with the comments and recommendations of the reviewing agencies, shall be forwarded to the board. The board shall, within 60 days, upon consideration of the factors in sub. (2) (b) and (c) 2., approve or reject the application for relinquishment or release. If the board approves the application it shall notify the local governing body having jurisdiction and the department of revenue, prepare an instrument under sub. (7) and record it with the register of deeds of the county in which the land is located.

AB150, s. 3539 Section 3539. 91.19 (5) of the statutes is amended to read:

AB150,1255,2 91.19 (5) If the application for relinquishment of the agreement or release of part of the land from the agreement is rejected by the local governing body having jurisdiction, the application shall be returned to the applicant with a written statement regarding the reasons for rejection. Within 30 days after receipt of the rejected application, the applicant may appeal the rejection to the board. The board shall, within 60 days after the appeal has been received, upon consideration of the factors listed in sub. (2) (b) and (c) 2., approve or reject the request for relinquishment or release. If the board approves the application it shall notify the local governing body having jurisdiction and the department of revenue, prepare an instrument under sub. (7) and record it with the register of deeds of the county in which the land is located.

AB150, s. 3540 Section 3540. 91.19 (6s) (a) (intro.) of the statutes is amended to read:

AB150,1255,7 91.19 (6s) (a) (intro.) The department may release from a farmland preservation agreement any land acquired or to be acquired by a local unit of government, as defined in s. 16.20 106.215 (1) (e), for public improvements or structures, including highway improvements, if all of the following occur:

AB150, s. 3541 Section 3541. 91.19 (7) to (13) of the statutes are repealed.

AB150, s. 3542 Section 3542. 91.23 of the statutes is amended to read:

AB150,1255,14 91.23 Conversion. An owner under a farmland preservation agreement may at any time apply for a transition area agreement, and an owner under a transition area agreement may at any time apply for a farmland preservation agreement. If such an application is approved, the prior agreement shall be relinquished without a lien being filed under s. 91.19.

AB150, s. 3543 Section 3543. 91.24 of the statutes is created to read:

AB150,1255,18 91.24 Liens have no effect. A lien recorded under s. 91.19 (7) to (13), 1993 stats., s. 91.37, 1993 stats., s. 91.77 (2), 1993 stats., or s. 91.79, 1993 stats., has no effect.

AB150, s. 3544 Section 3544. 91.37 of the statutes is repealed.

AB150, s. 3545 Section 3545. 91.41 of the statutes is amended to read:

AB150,1256,2 91.41 Conversion. Any person subject to a farmland preservation agreement under this subchapter may apply under subch. II whenever the county in which the land is located adopts a certified agricultural preservation plan under subch. IV or whenever the farmland becomes subject to a certified exclusive agricultural use zoning ordinance under subch. V. In such case, the farmland preservation agreement under this chapter subchapter shall be relinquished under s. 91.19 without a lien being filed.

AB150, s. 3546 Section 3546. 91.75 (6) of the statutes is amended to read:

AB150,1256,9 91.75 (6) For purposes of farm consolidation and if permitted by local regulation, farm residences or structures which existed prior to the adoption of the ordinance may be separated from a larger farm parcel. Farm residences or structures with up to 5 acres of land which are separated from a larger farm parcel under this section are not subject to the lien under s. 91.19 (8) to (10), as required in s. 91.77 (2) or 91.79.

AB150, s. 3547 Section 3547. 91.75 (7) of the statutes is amended to read:

AB150,1256,16 91.75 (7) A structure or improvement made as an incident to a lease for oil and natural gas exploration and extraction, and an easement granted for the purpose of using land as, or land used as, part of the ice age trail under ss. 23.17 and 23.293 27.0135 and 27.0136 and structures and improvements made as an incident to that use or those easements, is consistent with agricultural uses under sub. (3) and may be permitted as a special exception or conditional use under sub. (5).

AB150, s. 3548 Section 3548. 91.77 (2) of the statutes is repealed.

AB150, s. 3549 Section 3549. 91.79 of the statutes is repealed.

AB150, s. 3550 Section 3550. 92.14 (4r) of the statutes is amended to read:

AB150,1256,23 92.14 (4r) Requesting transfer of funds. The department shall submit a request to the joint committee on finance for the transfer of funds from the appropriation under s. 20.370 (4) (cq) (6) (aq) to the appropriation under s. 20.115 (7) (qd) if necessary to provide grants under sub. (4) (c).

AB150, s. 3551 Section 3551. 92.14 (5) (b) of the statutes is amended to read:

AB150,1257,4 92.14 (5) (b) The department, with the approval of the board, may request the department of natural resources to transfer funds from the appropriation account under s. 20.370 (4) (cc) or (cq) (6) (aa) or (aq) to the appropriation account under s. 20.115 (7) (km) if the funds are needed to pay grants under par. (a).

AB150, s. 3552 Section 3552. 93.02 of the statutes is amended to read:

AB150,1257,10 93.02 Staff. The secretary shall appoint all staff necessary for the carrying out of the duties of the department, all of whom shall be under the classified service except the deputy secretary, the executive assistant and, subject to s. 230.08 (4) (a), the administrators of divisions. Each such deputy secretary, executive assistant or administrator shall be appointed by the secretary with the approval of the board.

AB150, s. 3553 Section 3553. 93.06 (10m) of the statutes is repealed.

AB150, s. 3554 Section 3554. 93.07 (10) (a) of the statutes is renumbered 93.07 (10) and amended to read:

AB150,1257,22 93.07 (10) Animal health; quarantine. To protect the health of domestic animals of the state; to determine and employ the most efficient and practical means for the prevention, suppression, control and eradication of communicable diseases among domestic animals, and for these purposes it may establish, maintain, enforce and regulate such quarantine and such other measures relating to the importation, movement and care of animals and their products, the disinfection of suspected localities and articles, and the disposition of animals, as the department may deem necessary. The definition of "communicable disease" in s. 990.01 (5g) does not apply to this paragraph subsection.

AB150, s. 3555 Section 3555. 93.07 (10) (b) of the statutes is repealed.

AB150, s. 3556 Section 3556. 93.07 (22) of the statutes is repealed.

AB150, s. 3557 Section 3557. 93.07 (24) (a) of the statutes is amended to read:

AB150,1258,3 93.07 (24) (a) To enforce the laws regarding the production, manufacture and sale, offering or exposing for sale or having in possession with intent to sell, of any dairy, food or drug product,.

AB150,1258,5 (b) To enforce the laws regarding the adulteration or misbranding of any articles of food or, drink, or condiment or drug and to.

AB150,1258,9 (c) To inspect any milk, butter, cheese, lard, syrup, coffee, tea or other article of food, drink or, condiment or drug made or offered for sale within this state which it may suspect or have reason to believe to be impure, unhealthful, misbranded, adulterated or counterfeit, or in any way unlawful, and to.

AB150,1258,14 (d) To prosecute or cause to be prosecuted any person engaged in the manufacture or sale, offering or exposing for sale or having in possession with intent to sell, of any adulterated dairy product or of any adulterated, misbranded, counterfeit, or otherwise unlawful article or articles of food, drink, condiment or drug.

AB150, s. 3558 Section 3558. 93.07 (24) (b) of the statutes is repealed.

AB150, s. 3559 Section 3559. 93.31 of the statutes is amended to read:

AB150,1259,10 93.31 Livestock breeders association. The secretary of the Wisconsin livestock breeders association shall on and after July 1 of each year make a report to the department, signed by the president, treasurer and secretary of the association, setting forth in detail the receipts and disbursements of the association for the preceding fiscal year in such form and detail together with such other information as the department may require. On receipt of such reports, if the department is satisfied that the business of the association has been efficiently conducted during the preceding fiscal year and in the interest of and for the promotion of the special agricultural interests of the state and for the purpose for which the association was organized and if the final statement shows that all the receipts together with the state aid have been accounted for and disbursed for the proper and necessary purposes of the association, and in accordance with the laws of the state, then the department shall file a certificate with the department secretary of administration and it he or she shall draw its his or her warrant and the state treasurer shall pay to the treasurer of the association the amount of the appropriations made available for the association by s. 20.115 (4) (a) and (h) for the conduct of junior livestock shows and other livestock educational programs. The association may upon application to the state purchasing agent, upon such terms as he or she may require, obtain printing for the association under the state contract.

AB150, s. 3560 Section 3560. 93.40 (3) (b) of the statutes is amended to read:

AB150,1259,15 93.40 (3) (b) Establish, manage and operate permanent or temporary dairy promotion centers to be operated by the department in cooperation with the department of development tourism and parks tourist information centers along major highways into the state.

AB150, s. 3561 Section 3561. 93.41 (2m) of the statutes is repealed.

AB150, s. 3562 Section 3562. 93.41 (3) of the statutes is repealed.

AB150, s. 3563 Section 3563. 93.42 (title) of the statutes is repealed.

AB150, s. 3564 Section 3564. 93.42 (1) (intro.) and (a) to (d) of the statutes are renumbered 560.03 (12) (intro.) and (a) to (d), and 560.03 (12) (intro.), as renumbered, is amended to read:

AB150,1259,25 560.03 (12) (intro.) The department shall establish Establish and operate a center for international agribusiness marketing. The center shall promote the export of this state's agricultural and agribusiness products in foreign markets by doing all of the following:

AB150, s. 3565 Section 3565. 93.42 (1) (e) of the statutes is repealed.

AB150, s. 3566 Section 3566. 93.42 (2) of the statutes is repealed.

AB150, s. 3567 Section 3567. 93.47 (2) of the statutes is amended to read:

AB150,1260,8 93.47 (2) The department may award grants from the appropriation appropriations under s. 20.115 (7) (k) (c) and (qd) 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.

AB150, s. 3568 Section 3568. 93.60 of the statutes is amended to read:

AB150,1260,21 93.60 Computer system equipment, staff and services transfers. The department may transfer to the appropriation account under s. 20.115 (8) (k) in each fiscal year an amount from the appropriations appropriation accounts under s. 20.115 (1) (g), (gb), (gh), (gm), (hm), (j), (jm), (m), (r) and (s), (2) (g), (ha), (j), (k) and (m), (3) (g), (h), (i), (j), (ja), (L) and (m), (7) (g), (ga), (gm), (ig), (k) and (m) and (8) (ga), (gm), (h), (ha), (i), (j), (kp), (ks), (m) and (pz) and (9) (m). The total amount that the department transfers in each fiscal year from these appropriations appropriation accounts to the appropriation account under s. 20.115 (8) (k) may not exceed the amount specified in the schedule under s. 20.115 (8) (k) for each fiscal year. The amounts transferred from each appropriation account shall be based on the actual costs incurred by the department for computer system equipment, staff and services provided for the purpose of that appropriation account.

AB150, s. 3569 Section 3569 . 93.60 of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

AB150,1261,10 93.60 Computer system equipment, staff and services transfers. The department may transfer to the appropriation account under s. 20.115 (8) (k) in each fiscal year an amount from the appropriation accounts under s. 20.115 (1) (g), (gb), (gh), (gm), (hm), (j), (jm), (m), (r) and (s), (2) (g), (ha), (j), (k) and (m), (3) (g), (h), (i), (ja), (L) and (m), (7) (g), (ga), (gm), (ig), (k) and (m) and (8) (ga), (gm), (h), (ha), (i), (j), (kp), (ks), (m) and (pz) and (9) (m). The total amount that the department transfers in each fiscal year from these appropriation accounts to the appropriation account under s. 20.115 (8) (k) may not exceed the amount specified in the schedule under s. 20.115 (8) (k) for each fiscal year. The amounts transferred from each appropriation account shall be based on the actual costs incurred by the department for computer system equipment, staff and services provided for the purpose of that appropriation account.

AB150, s. 3570 Section 3570. 94.29 of the statutes is amended to read:

AB150,1262,3 94.29 Appeal. If either party is not satisfied with the award the party may, within 10 days after the delivery of the copy thereof to him or her, serve upon either of the arbitrators notice of appeal from their award to the circuit court of the county in which the lands or any part thereof are situated and pay to the arbitrators the whole amount of their fees plus the fee prescribed in s. 814.61 (8) (a) 1. or (am) 1.; and if the party required to pay the damages gives notice of an appeal therefrom he or she shall file with the notice of appeal an undertaking, signed by 2 or more sureties, to be approved by at least 2 of the arbitrators, in double the amount of the award, conditioned to pay any judgment that may be rendered against the party upon appeal. Upon filing the notice of appeal and undertaking, when required, the arbitrators, or 2 of them, shall, within 10 days, make and sign a full statement of the proceedings had by them and of their award and file the same with the clerk of circuit court and pay the fee prescribed in s. 814.61 (8) (a) 1. or (am) 1.; and thereupon the clerk shall enter an action in which the claimant is the plaintiff, which shall be deemed then at issue, and proceedings shall be had thereon in like manner as in other civil actions in the court. Unless the appellant obtains a more favorable judgment upon appeal, he or she shall pay costs; otherwise, the respondent.

AB150, s. 3571 Section 3571. 94.64 (9) (i) of the statutes is created to read:

AB150,1262,6 94.64 (9) (i) Regulating the use of nitrogen fertilizer, including rates, times and other conditions of use, to prevent contamination of groundwater and surface water.

AB150, s. 3572 Section 3572. 94.704 (3) (a) of the statutes is amended to read:

AB150,1262,10 94.704 (3) (a) Except as provided under par. (b), a licensee under this section shall pay an annual license fee of $50 $60. The department shall deposit all license fees collected under this paragraph in the agrichemical management fund.

AB150, s. 3573 Section 3573. 94.705 (1) (title) of the statutes is amended to read:

AB150,1262,12 94.705 (1) (title) Certification requirements; fees.

AB150, s. 3574 Section 3574. 94.705 (1) (d) of the statutes is amended to read:

AB150,1262,25 94.705 (1) (d) Except as provided under sub. (4), no commercial applicator may be certified except upon satisfactory completion of a written examination. The examination shall be designed to test the applicant's competency in each category of pesticide use for which the applicant seeks certification. A commercial applicator applying for certification shall pay an examination fee of $10 for each examination in each certification category. If an applicant fails an examination in any certification category, the applicant shall pay a fee of $5 each time the examination is retaken. The department may not administer an examination under this paragraph unless the applicant has paid the required fee. Any person exempt from license fees under s. 94.704 (3) (b) is also exempt from examination fees under this paragraph. The department shall deposit the fees collected under this paragraph in the agrichemical management fund.

AB150, s. 3575 Section 3575. 95.001 (1) (a) of the statutes is amended to read: