93.06 (13) Plant protection agreements. Enter into cooperative agreements with corporations, associations, foundations and individuals to carry out plant protection activities under ch. 94.
9,1930j
Section 1930j. 93.07 (3) of the statutes is amended to read:
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 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. In each fiscal year, the department shall seek federal moneys for the promotion of exports of agricultural products in an amount at least equal to $130,000 plus the amount of federal moneys received for this purpose in fiscal year 1998-99.
9,1930r
Section 1930r. 93.07 (7) (e) of the statutes is created to read:
93.07 (7) (e) On September 1 of each year, to submit a consumer telecommunication services report to the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s. 13.172 (3). The report shall contain all of the following information for the preceding 12 months:
1. The types of consumer complaints received by the department regarding telecommunication services, by category.
2. The number of consumer complaints in each category reported under subd. 1. and the aggregate number of consumer complaints for all categories reported under subd. 1.
3. The number of consumer complaints reported under subd. 1. that the department referred to the department of justice for prosecution and the result of those prosecutions.
4. A description of the department's efforts to coordinate with the department of justice and the public service commission to respond to and address consumer complaints regarding telecommunication services and the results of those efforts.
5. A description of how the services offered by the department to respond to and address consumer complaints regarding telecommunication services differ from those offered by the department of justice and the public service commission.
9,1931v
Section 1931v. 93.135 (1) (intro.) of the statutes is amended to read:
93.135 (1) (intro.) The Except as provided in sub. (1m), the department shall require each applicant who is an individual to provide the department with the applicant's social security number as a condition of issuing or renewing any of the following:
9,1932
Section
1932. 93.135 (1) (b) of the statutes is amended to read:
93.135 (1) (b) A license under s. 94.10 (2), (3) or (4) (3g).
9,1932c
Section 1932c. 93.135 (1m) of the statutes is created to read:
93.135 (1m) (a) If an individual who applies for the issuance or renewal of a license, registration, registration certificate or certification specified in sub. (1) does not have a social security number, the department shall require the applicant, as a condition of issuing or renewing the license, registration, registration certificate or certification, to submit a statement made or subscribed under oath or affirmation that the applicant does not have a social security number. The statement shall be in the form prescribed by the department of workforce development.
(b) A license, registration, registration certificate or certification specified in sub. (1) that is issued in reliance on a statement submitted under par. (a) is invalid if the statement is false.
9,1933
Section
1933. 93.60 of the statutes is repealed.
9,1933gm
Section 1933gm. 93.70 of the statutes is created to read:
93.70 Conservation reserve enhancement program.
(1) Definitions. In this section:
(a) "Conservation easement" has the meaning given in s. 700.40 (1) (a).
(b) "Nonprofit conservation organization" has the meaning given in s. 23.0955 (1).
(2) State participation. Subject to subs. (3) to (6), the department may expend funds from the appropriation account under s. 20.866 (2) (wf) to improve water quality, erosion control and wildlife habitat through participation by this state in the conservation reserve enhancement program as approved by the secretary of the federal department of agriculture under
16 USC 3834 (f) (4).
The department shall administer the program in cooperation with the department of natural resources.
(3) Forms of participation. (a) Land enrolled in the conservation reserve enhancement program may either be subject to a permanent conservation easement or to a contract under which the owner of the land agrees to remove the land from agricultural production. The department shall provide greater financial incentives for landowners to grant permanent easements than to enter into contracts. The department shall provide a financial bonus to landowners who allow public access to enrolled land.
(b) The department shall administer the conservation reserve enhancement program so that at least 50% of the acreage of land enrolled in the program is covered by permanent conservation easements under par. (a). If, after 50,000 acres of land have been enrolled in the program, less than 50% of the acreage of land enrolled in the program is covered by permanent conservation easements, the department and the department of natural resources shall review the effectiveness of the program to determine whether the program is meeting its water quality and wildlife habitat objectives and shall report the results of the review to the legislature under s. 13.172 (2).
(c) On behalf of this state, the department and the department of natural resources shall jointly hold conservation easements entered into for land enrolled in the conservation reserve enhancement program.
(d) The department may provide funding from the appropriation under s. 20.866 (2) (wf) for a contract under par. (a) only if the contract has a term of 20 years or longer.
(4) Grassland component. (a) If the plan approved by the secretary of the federal department of agriculture authorizes this state to enroll 100,000 or more acres in the conservation resource enhancement program, the department shall administer the program so that at least 30,000 acres are designated for grassland wildlife habitat. If the secretary of the federal department of agriculture authorizes this state to enroll fewer than 100,000 acres, the department shall administer the program so that at least 30% of the acreage of land enrolled in the program is designated for grassland wildlife habitat. The department shall designate for grassland wildlife habitat areas that include the Blue Mounds area in Iowa, Dane and Green counties, the prairie chicken range in Portage, Clark, Taylor and Marathon counties and the western prairie area in Polk and St. Croix counties.
(b) The department may not require that land designated for grassland wildlife habitat be riparian land.
(c) The department shall provide a financial bonus to landowners who enroll land that is designated for grassland habitat if the land is adjacent to land that is owned by another person and that is enrolled and designated for grassland habitat. The department shall also provide a financial bonus to a landowner who enrolls land that is designated for grassland habitat if the landowner agrees to implement a conservation practice that requires restoration of native prairie vegetation.
(5) Participation requirements. The department may not impose more restrictive requirements for participation in the conservation reserve enhancement program with respect to production and land ownership than are required by the secretary of the federal department of agriculture under
16 USC 3834 (f) (4).
(6) State, local and nonprofit organization involvement. A nonprofit conservation organization may negotiate contracts or easements under sub. (3) (a) with landowners with the assistance of the department and the department of natural resources. A county may negotiate contracts or easements under sub. (3) (a) with landowners with the assistance of the department and the department of natural resources. In counties that do not choose to participate, the department and the department of natural resources shall negotiate the contracts or easements.
(7) Prohibition. No person may use land enrolled in the conservation reserve enhancement program as a pheasant and quail farm licensed under s. 29.865, a game bird and animal farm licensed under s. 29.867, a fur animal farm licensed under s. 29.869 or a deer farm licensed under s. 29.871.
9,1934
Section
1934. 94.10 of the statutes is repealed and recreated to read:
94.10 Nursery stock; inspection and licensing. (1) Definitions. In this section:
(a) "Christmas tree grower" means a person who grows evergreen trees for eventual harvest and sale as Christmas trees, except that "Christmas tree grower" does not include a person who grows evergreen trees for eventual harvest and sale as Christmas trees if the person also grows nursery stock for sale and if the person is licensed under sub. (3).
(b) "Nonprofit organization" means an organization described in section
501 (c) of the Internal Revenue Code that is exempt from federal income tax under section
501 (a) of the Internal Revenue Code.
(c) "Nursery" means premises in this state on which a person propagates or grows nursery stock for sale. "Nursery" does not include heeling-in grounds or other premises where a person holds nursery stock for purposes other than propagation or growth.
(d) "Nursery dealer" means a person, other than a nursery grower, who sells, offers for sale or distributes nursery stock from a location in this state, except that "nursery dealer" does not include an employe of a person licensed under this section.
(e) "Nursery grower" means a person who owns or operates a nursery.
(f) "Nursery stock" means plants and plant parts that can be propagated or grown, excluding seeds, sod, cranberry cuttings, annuals and evergreen trees grown for eventual harvest and sale as Christmas trees.
(g) "Officially inspected source" means any of the following:
1. A nursery dealer licensed under sub. (2).
2. A nursery grower licensed under sub. (3).
3. A source outside this state that the department recognizes under sub. (10) as an officially inspected source.
(j) "Sell" means to transfer ownership, for consideration.
(2) Nursery dealer; annual license. (a) License required. Except as provided in par. (f), no person may operate as a nursery dealer without an annual license from the department. A nursery dealer license expires on February 20. A nursery dealer license may not be transferred to another person.
(b) Applying for a license. A person applying for a nursery dealer license under par. (a) shall apply on a form provided by the department. An applicant shall provide all of the following to the department:
1. The applicant's legal name and address and any other name under which the applicant does business.
2. The address of each location at which the applicant proposes to hold nursery stock for sale.
3. The license fee required under par. (c).
4. The surcharge required under par. (d), if any.
5. Other information reasonably required by the department for licensing purposes.
(c) License fee. A nursery dealer shall pay the following annual license fee, based on annual purchases calculated according to par. (e):
1. If the nursery dealer buys no more than $5,000 worth of nursery stock for resale, $30.
2. If the nursery dealer buys more than $5,000 but not more than $20,000 worth of nursery stock for resale, $50.
3. If the nursery dealer buys more than $20,000 but not more than $100,000 worth of nursery stock for resale, $100.
4. If the nursery dealer buys more than $100,000 but not more than $200,000 worth of nursery stock for resale, $150.
5. If the nursery dealer buys more than $200,000 but not more than $500,000 worth of nursery stock for resale, $200.
6. If the nursery dealer buys more than $500,000 but not more than $2,000,000 worth of nursery stock for resale, $300.
7. If the nursery dealer buys more than $2,000,000 worth of nursery stock for resale, $400.
(d) Surcharge for operating without a license. In addition to the fee required under par. (c), an applicant for a nursery dealer license shall pay a surcharge equal to the amount of that fee if the department determines that, within 365 days before submitting the application, the applicant operated as a nursery dealer without a license in violation of par. (a). Payment of the surcharge does not relieve the applicant of any other penalty or liability that may result from the violation, but does not constitute evidence of a violation of par. (a).
(e) Calculating annual purchases. The amount of an applicant's license fee under par. (c) for a license year shall be based on the applicant's purchases of nursery stock during the applicant's preceding fiscal year, except that if the applicant made no purchases of nursery stock during the preceding fiscal year the fee shall be based on the applicant's good faith prediction of purchases during the license year for which the applicant is applying.
(f) Exemptions. Paragraph (a) does not apply to any of the following:
1. A person whose only sales of nursery stock are retail sales totaling less than $250 annually.
2. A person selling or offering to sell nursery stock for the benefit of a nonprofit organization, for a period of not more than 7 consecutive days.
(3) Nursery grower; annual license. (a) License required. Except as provided in par. (f), no person may operate as a nursery grower without an annual license from the department. A nursery grower license expires on February 20. A nursery grower license may not be transferred to another person.
(b) Applying for a license. A person applying for a nursery grower license under par. (a) shall apply on a form provided by the department. An applicant shall provide all of the following to the department:
1. The applicant's legal name and address and any other name under which the applicant does business.
2. The address of each location in this state at which the applicant operates a nursery, grows evergreen trees for eventual sale as Christmas trees or holds nursery stock or Christmas trees for sale.
3. The license fee required under par. (c) and under par. (cm), if applicable.
4. The surcharge required under (d), if any.
5. Other information reasonably required by the department for licensing purposes.
(c) License fee. A nursery grower shall pay the following annual license fee, based on annual sales calculated according to par. (e), plus the additional license fee under par. (cm), if applicable:
1. If the nursery grower annually sells no more than $5,000 worth of nursery stock, $40.
2. If the nursery grower annually sells more than $5,000 but not more than $20,000 worth of nursery stock, $75.
3. If the nursery grower annually sells more than $20,000 but not more than $100,000 worth of nursery stock, $125.
4. If the nursery grower annually sells more than $100,000 but not more than $200,000 worth of nursery stock, $200.
5. If the nursery grower annually sells more than $200,000 but not more than $500,000 worth of nursery stock, $350.
6. If the nursery grower annually sells more than $500,000 but not more than $2,000,000 worth of nursery stock, $600.
7. If the nursery grower annually sells more than $2,000,000 worth of nursery stock, $1,200.
(cm) Additional license fee for Christmas tree sales. A nursery grower that sells Christmas trees shall pay the following additional license fee, based on annual sales calculated according to par. (e):
1. If the nursery grower annually sells no more than $5,000 worth of Christmas trees, $20.
2. If the nursery grower annually sells more than $5,000 but not more than $20,000 worth of Christmas trees, $55.
3. If the nursery grower annually sells more than $20,000 but not more than $100,000 worth of Christmas trees, $90.
4. If the nursery grower annually sells more than $100,000 but not more than $200,000 worth of Christmas trees, $150.
5. If the nursery grower annually sells more than $200,000 but not more than $500,000 worth of Christmas trees, $250.
6. If the nursery grower annually sells more than $500,000 but not more than $2,000,000 worth of Christmas trees, $450.
7. If the nursery grower annually sells more than $2,000,000 worth of Christmas trees, $900.
