SB45-SSA1-SA1,223,10 10825. Page 990, line 6: delete lines 6 to 8.
SB45-SSA1-SA1,223,11 11826. Page 991, line 9: after that line insert:
SB45-SSA1-SA1,223,12 12" Section 1930r. 93.07 (7) (e) of the statutes is created to read:
SB45-SSA1-SA1,223,1613 93.07 (7) (e) On September 1 of each year, to submit a consumer
14telecommunication services report to the chief clerk of each house of the legislature
15for distribution to the appropriate standing committees under s. 13.172 (3). The
16report shall contain all of the following information for the preceding 12 months:
SB45-SSA1-SA1,223,1817 1. The types of consumer complaints received by the department regarding
18telecommunication services, by category.
SB45-SSA1-SA1,223,2119 2. The number of consumer complaints in each category reported under subd.
201. and the aggregate number of consumer complaints for all categories reported
21under subd. 1.
SB45-SSA1-SA1,223,2422 3. The number of consumer complaints reported under subd. 1. that the
23department referred to the department of justice for prosecution and the result of
24those prosecutions.
SB45-SSA1-SA1,224,3
14. A description of the department's efforts to coordinate with the department
2of justice and the public service commission to respond to and address consumer
3complaints regarding telecommunication services and the results of those efforts.
SB45-SSA1-SA1,224,64 5. A description of how the services offered by the department to respond to and
5address consumer complaints regarding telecommunication services differ from
6those offered by the department of justice and the public service commission.".
SB45-SSA1-SA1,224,7 7827. Page 991, line 12: delete lines 12 to 19.
SB45-SSA1-SA1,224,9 8828. Page 991, line 21: delete the material beginning with that line and
9ending with page 992, line 2, and substitute:
SB45-SSA1-SA1,224,10 10" Section 1933gm. 93.70 of the statutes is created to read:
SB45-SSA1-SA1,224,12 1193.70 Conservation reserve enhancement program. (1) Definitions. In
12this section:
SB45-SSA1-SA1,224,1313 (a) "Conservation easement" has the meaning given in s. 700.40 (1) (a).
SB45-SSA1-SA1,224,1514 (b) "Nonprofit conservation organization" has the meaning given in s. 23.0955
15(1).
SB45-SSA1-SA1,224,21 16(2) State participation. Subject to subs. (3) to (6), the department may expend
17funds from the appropriation account under s. 20.866 (2) (wf) to improve water
18quality, erosion control and wildlife habitat through participation by this state in the
19conservation reserve enhancement program as approved by the secretary of the
20federal department of agriculture under 16 USC 3834 (f) (4). The department shall
21administer the program in cooperation with the department of natural resources.
SB45-SSA1-SA1,225,4 22(3) Forms of participation. (a) Land enrolled in the conservation reserve
23enhancement program may either be subject to a permanent conservation easement
24or to a contract under which the owner of the land agrees to remove the land from

1agricultural production. The department shall provide greater financial incentives
2for landowners to grant permanent easements than to enter into contracts. The
3department shall provide a financial bonus to landowners who allow public access
4to enrolled land.
SB45-SSA1-SA1,225,135 (b) The department shall administer the conservation reserve enhancement
6program so that at least 50% of the acreage of land enrolled in the program is covered
7by permanent conservation easements under par. (a). If, after 50,000 acres of land
8have been enrolled in the program, less than 50% of the acreage of land enrolled in
9the program is covered by permanent conservation easements, the department and
10the department of natural resources shall review the effectiveness of the program to
11determine whether the program is meeting its water quality and wildlife habitat
12objectives and shall report the results of the review to the legislature under s. 13.172
13(2).
SB45-SSA1-SA1,225,1614 (c) On behalf of this state, the department and the department of natural
15resources shall jointly hold conservation easements entered into for land enrolled in
16the conservation reserve enhancement program.
SB45-SSA1-SA1,225,1917 (d) The department may provide funding from the appropriation under s.
1820.866 (2) (wf) for a contract under par. (a) only if the contract has a term of 20 years
19or longer.
SB45-SSA1-SA1,226,5 20(4) Grassland component. (a) If the plan approved by the secretary of the
21federal department of agriculture authorizes this state to enroll 100,000 or more
22acres in the conservation resource enhancement program, the department shall
23administer the program so that at least 30,000 acres are designated for grassland
24wildlife habitat. If the secretary of the federal department of agriculture authorizes
25this state to enroll fewer than 100,000 acres, the department shall administer the

1program so that at least 30% of the acreage of land enrolled in the program is
2designated for grassland wildlife habitat. The department shall designate for
3grassland wildlife habitat areas that include the Blue Mounds area in Iowa, Dane
4and Green counties, the prairie chicken range in Portage, Clark, Taylor and
5Marathon counties and the western prairie area in Polk and St. Croix counties.
SB45-SSA1-SA1,226,76 (b) The department may not require that land designated for grassland wildlife
7habitat be riparian land.
SB45-SSA1-SA1,226,138 (c) The department shall provide a financial bonus to landowners who enroll
9land that is designated for grassland habitat if the land is adjacent to land that is
10owned by another person and that is enrolled and designated for grassland habitat.
11The department shall also provide a financial bonus to a landowner who enrolls land
12that is designated for grassland habitat if the landowner agrees to implement a
13conservation practice that requires restoration of native prairie vegetation.
SB45-SSA1-SA1,226,17 14(5) Participation requirements. The department may not impose more
15restrictive requirements for participation in the conservation reserve enhancement
16program with respect to production and land ownership than are required by the
17secretary of the federal department of agriculture under 16 USC 3834 (f) (4).
SB45-SSA1-SA1,226,24 18(6) State, local and nonprofit organization involvement. A nonprofit
19conservation organization may negotiate contracts or easements under sub. (3) (a)
20with landowners with the assistance of the department and the department of
21natural resources. A county may negotiate contracts or easements under sub. (3) (a)
22with landowners with the assistance of the department and the department of
23natural resources. In counties that do not choose to participate, the department and
24the department of natural resources shall negotiate the contracts or easements.
SB45-SSA1-SA1,227,4
1(7) Prohibition. No person may use land enrolled in the conservation reserve
2enhancement program as a pheasant and quail farm licensed under s. 29.865, a game
3bird and animal farm licensed under s. 29.867, a fur animal farm licensed under s.
429.869 or a deer farm licensed under s. 29.871.".
SB45-SSA1-SA1,227,5 5829. Page 1012, line 14: after that line insert:
SB45-SSA1-SA1,227,6 6" Section 1945s. 95.197 of the statutes is created to read:
SB45-SSA1-SA1,227,11 795.197 Financial assistance for paratuberculosis testing. (1) The
8department shall provide financial assistance to owners of livestock herds for
9conducting testing for paratuberculosis. The department may only provide financial
10assistance under this section for the first time that the owner of a livestock herd tests
11the herd.
SB45-SSA1-SA1,227,13 12(2) The department shall promulgate rules for providing financial assistance
13under sub. (1).".
SB45-SSA1-SA1,227,14 14830. Page 1012, line 20: after that line insert:
SB45-SSA1-SA1,227,15 15" Section 3947m. 95.53 of the statutes is created to read:
SB45-SSA1-SA1,227,16 1695.53 Poultry disease control. (1) Definitions. In this section:
SB45-SSA1-SA1,227,2217 (a) "Affected party" means a person that keeps a total of 10,000 or more of any
18species of poultry within 6.2 miles of a covered facility that is required to comply with
19sub. (3) or within 2 miles of a location at which a person spreads or composts chicken
20or turkey manure, transports live or dead chickens or turkeys or stores or composts
21dead chickens or turkeys or chicken or turkey by-products any of which originate at
22a covered facility that is required to comply with sub. (3).
SB45-SSA1-SA1,227,2323 (b) "Animal unit" means 100 layer chickens, 200 broiler chickens or 55 turkeys.
SB45-SSA1-SA1,228,2
1(c) "Covered facility" means a poultry facility at which 1,000 or more animal
2units are kept.
SB45-SSA1-SA1,228,33 (d) "Covered operator" means a person who operates a covered facility.
SB45-SSA1-SA1,228,44 (e) "Poultry facility" means a facility at which chickens or turkeys are kept.
SB45-SSA1-SA1,228,65 (f) "Sample population" means one or more birds chosen randomly for every 100
6animal units kept at a facility.
SB45-SSA1-SA1,228,8 7(2) Prohibitions. A covered operator may not do any of the following unless the
8covered operator complies with sub. (3):
SB45-SSA1-SA1,228,139 (a) Operate a covered facility if the covered facility is within 6.2 miles of one
10or more places, owned or operated by another person, at which a total of 10,000 or
11more of any species of poultry are kept and at which a total of 10,000 or more of any
12species of poultry were kept before the number of animal units at the covered facility
13reached 1,000.
SB45-SSA1-SA1,228,2014 (b) Spread or compost chicken or turkey manure, transport live or dead
15chickens or turkeys or store or compost dead chickens or turkeys or chicken or turkey
16by-products, any of which originate at a covered facility, within 2 miles of a place at
17which poultry are kept by another person that keeps a total of 10,000 or more of any
18species of poultry if that person kept poultry at that place, and kept a total of 10,000
19or more of any species of poultry, before the number of animal units at the covered
20facility reached 1,000.
SB45-SSA1-SA1,228,22 21(3) Requirements. A covered operator complies with this subsection with
22respect to a covered facility if all of the following apply:
SB45-SSA1-SA1,228,2523 (a) The covered operator populates the covered facility only with chickens or
24turkeys that have been designated mycoplasma gallisepticum clean started and
25mycoplasma synoviae clean started under 9 CFR 145.24 (f) and (g).
SB45-SSA1-SA1,229,4
1(b) The covered operator obtains blood samples from a sample population at the
2covered facility at least once every 180 days and has a poultry diagnostic laboratory,
3certified under s. 93.12, conduct a serological test that is approved by the department
4to detect the presence of mycoplasma gallisepticum and mycoplasma synoviae.
SB45-SSA1-SA1,229,85 (c) The covered operator has a poultry diagnostic laboratory, certified by the
6department under s. 93.12, conduct a confirmatory test within 10 days of receipt of
7the results of a test performed under par. (b) if those results indicate the presence of
8mycoplasma gallisepticum or mycoplasma synoviae.
SB45-SSA1-SA1,229,119 (d) The covered operator transmits the results of tests conducted under pars.
10(b) and (c) to the department and to any affected party by 1st class mail within 5 days
11of receipt.
SB45-SSA1-SA1,229,1512 (e) Upon the order of the department under sub. (4) (a), the covered operator
13slaughters all poultry kept at the covered facility, disinfects all areas where the
14poultry have been kept and keeps those areas vacant of poultry for not less than 14
15days after the date of disinfection.
SB45-SSA1-SA1,229,1716 (f) The covered operator prepares and submits to the department a plan to
17prevent the spread of poultry disease that includes all of the following:
SB45-SSA1-SA1,229,1818 1. Clothing policies for employes.
SB45-SSA1-SA1,229,1919 2. Showering policies for employes.
SB45-SSA1-SA1,229,2020 3. Policies for disinfection of equipment.
SB45-SSA1-SA1,229,2121 4. Policies for the daily disposal of dead poultry.
SB45-SSA1-SA1,229,2322 5. Policies relating to vendors from whom the covered operator obtains
23products or services.
SB45-SSA1-SA1,229,2424 6. Policies for fencing and signs at the covered facility.
SB45-SSA1-SA1,229,2525 7. Isolation and sanitation procedures.
SB45-SSA1-SA1,230,1
18. Policies for disinfecting structures in which poultry are kept.
SB45-SSA1-SA1,230,22 9. Policies concerning vaccination and medication of poultry.
SB45-SSA1-SA1,230,33 10. Manure handling policies.
SB45-SSA1-SA1,230,44 11. Policies concerning the transportation of poultry.
SB45-SSA1-SA1,230,55 12. Policies for employe training and accountability of employes.
SB45-SSA1-SA1,230,76 (g) The covered operator obtains the approval of the department for the plan
7under par. (f).
SB45-SSA1-SA1,230,98 (h) The covered operator maintains records of the results of each test under
9pars. (b) and (c) for 5 years after the test is conducted.
SB45-SSA1-SA1,230,13 10(4) Duties of the department. (a) If the department determines that the
11results of a test under sub. (3) (c) indicate the presence of mycoplasma gallisepticum
12or mycoplasma synoviae, the department shall immediately order the slaughter of
13all poultry kept at the covered facility and supervise the disposal of the carcasses.
SB45-SSA1-SA1,230,1614 (b) The department shall review and approve, disapprove or conditionally
15approve plans submitted under sub. (3) (f). The department may require any
16revision to such a plan that the department determines is appropriate.
SB45-SSA1-SA1,230,2017 (c) The department shall retain a copy of the results of each test under sub. (3)
18(b) and (c) for at least 5 years after the test is conducted. The department shall retain
19a copy of a plan approved under par. (b) while the plan is in effect and for at least 5
20years after the plan ceases to be in effect.
SB45-SSA1-SA1,230,23 21(5) No indemnification. Notwithstanding s. 95.31 (3) and (4), a covered
22operator is not eligible for indemnification for poultry ordered to be slaughtered
23under sub. (4) (a).
SB45-SSA1-SA1,231,3
1(6) Penalty. Any person that violates this section or an order issued under this
2section may be required to forfeit not less than $5,000 nor more than $1,000,000 for
3each violation.
SB45-SSA1-SA1,231,6 4(7) Enforcement. (a) The department may bring an action to recover a
5forfeiture under sub. (6) or to seek an injunction restraining the violation of this
6section or an order issued under this section.
SB45-SSA1-SA1,231,117 (b) An affected party that is injured or threatened with injury by a violation of
8this section or an order issued under this section may bring an action for a temporary
9or permanent injunction or damages. The action may not be commenced until 15
10days after the day on which the affected party notifies the department and the person
11alleged to be in violation of the intent to bring the action.
SB45-SSA1-SA1,231,1412 (c) An affected party that obtains an injunction or is awarded damages under
13par. (b) may recover costs and, notwithstanding s. 814.04 (1), reasonable attorney
14fees.".
SB45-SSA1-SA1,231,15 15831. Page 1017, line 24: after that line insert:
SB45-SSA1-SA1,231,16 16" Section 1975m. 101.09 (2) (cm) of the statutes is created to read:
SB45-SSA1-SA1,231,2117 101.09 (2) (cm) Any rules promulgated under sub. (3) requiring an owner to test
18the ability of a storage tank, connected piping or ancillary equipment to prevent an
19inadvertent release of a stored substance do not apply to storage tanks that have a
20capacity of less than 1,100 gallons and that are used to store heating oil for
21residential, consumptive use on the premises where stored.".
SB45-SSA1-SA1,231,22 22832. Page 1018, line 14: after that line insert:
SB45-SSA1-SA1,231,23 23" Section 1977m. 101.1205 (5m) of the statutes is amended to read:
SB45-SSA1-SA1,232,6
1101.1205 (5m) Notwithstanding subs. (1) and (5), a county, city, village or town
2that has in effect on January 1, 1994, may administer and enforce an ordinance that
3establishes standards for erosion control at building sites for the construction of
4public buildings and buildings that are places of employment may continue to
5administer and enforce that ordinance
if the standards in the ordinance are more
6stringent than the standards established under sub. (1).".
SB45-SSA1-SA1,232,8 7833. Page 1019, line 4: delete the material beginning with that line and
8ending with page 1031, line 23, and substitute:
SB45-SSA1-SA1,232,9 9" Section 1979pm. 101.143 (1) (bm) of the statutes is created to read:
SB45-SSA1-SA1,232,1110 101.143 (1) (bm) "Enforcement standard" has the meaning given in s. 160.01
11(2).
SB45-SSA1-SA1, s. 1979rm 12Section 1979rm. 101.143 (1) (cq) of the statutes is created to read:
SB45-SSA1-SA1,232,1513 101.143 (1) (cq) "Natural attenuation" means the reduction in the
14concentration and mass of a substance, and the products into which the substance
15breaks down, due to naturally occurring physical, chemical and biological processes.
SB45-SSA1-SA1, s. 1980cm 16Section 1980cm. 101.143 (2) (h) of the statutes is created to read:
SB45-SSA1-SA1,232,2017 101.143 (2) (h) The department of commerce, in consultation with the
18department of natural resources, shall promulgate rules designed to facilitate
19effective and cost-efficient administration of the program under this section that
20specify all of the following:
SB45-SSA1-SA1,232,2321 1. Information that must be submitted under this section, including quarterly
22summaries of costs incurred with respect to a discharge for which a claim is intended
23to be submitted under sub. (3) but for which a final claim has not been submitted.
SB45-SSA1-SA1,232,2424 2. Formats for submitting the information under subd. 1.
SB45-SSA1-SA1,233,3
13. Review procedures that must be followed by employes of the department of
2natural resources and the department of commerce in reviewing the information
3under subd. 1.
SB45-SSA1-SA1, s. 1981cm 4Section 1981cm. 101.143 (2) (i) of the statutes is created to read:
SB45-SSA1-SA1,233,105 101.143 (2) (i) The department of commerce, in consultation with the
6department of natural resources, shall promulgate rules specifying procedures for
7evaluating remedial actions under sub. (3) (c) 3. to be used by employes of the
8department of commerce and the department of natural resources while remedial
9actions are being conducted. The department of commerce shall specify procedures
10that include all of the following for ongoing remedial actions:
Loading...
Loading...