SECTION 1919. 92.105 (6) of the statutes is amended to read:
92.105 (6) ELIGIBILITY FOR FARMLAND PRESERVATION CREDIT. A farmland preservation credit may not be allowed under subch. IX of ch. 71 ss. 71.59 and 71.60 if a notice of noncompliance is in effect with respect to a claimant to which this section applies at the time the claim is filed.
SECTION 1920. 92.105 (7) (a) (title) of the statutes is repealed.
SECTION 1921. 92.105 (7) (a) of the statutes is renumbered 92.105 (7) and amended to read:
92.105 (7) APPLICABILITY. This section and soil and water conservation standards established under this section apply only to a person claiming a farmland preservation credit under subch. IX of ch. 71 ss. 71.59 and 71.60, land related to that claim and farming operations on that land and apply only as provided under pars. (b) to (d).
SECTION 1922. 92.105 (7) (b) to (d) of the statutes are repealed.
SECTION 1923. 92.14 (2) (e) of the statutes is amended to read:
92.14 (2) (e) Promoting compliance with the requirements under ss. 92.104 and s. 92.105 by persons claiming a farmland preservation credit under subch. IX of ch. 71 ss. 71.59 and 71.60.
SECTION 1924. 92.14 (3) (a) of the statutes is amended to read:
92.14 (3) (a) Compliance with requirements under ss. 92.104 and s. 92.105 by persons claiming a farmland preservation credit under subch. IX of ch. 71 ss. 71.59 and 71.60.
SECTION 1925. 92.14 (4) (b) of the statutes is amended to read:
92.14 (4) (b) Implementing land and water resource management projects undertaken to comply with the requirements under ss. 92.104 and s. 92.105 by persons claiming a farmland preservation credit under subch. IX of ch. 71 ss. 71.59 and 71.60.
SECTION 1926. 92.14 (6) (c) 1. of the statutes is amended to read:
92.14 (6) (c) 1. Cost-effectiveness of an activity, including but not limited to technical assistance, educational assistance, management practices, and satisfying the requirements under ss. 92.104 and s. 92.105 for claiming farmland preservation credits under subch. IX of ch. 71 ss. 71.59 and 71.60.
SECTION 1927. 93.06 (1n) of the statutes is created to read:
93.06 (1n) ELECTRONIC PROCESSING. (a) Accept and process by electronic means applications and payments for licenses, permits, registrations and certificates that are issued by the department.
(b) Accept and process by electronic means requests and payments for goods and services that the department is authorized to provide.
(c) Charge fees to cover the department's electronic processing costs under pars. (a) and (b). The fees under this paragraph are in addition to any other fees required to be paid to the department.
SECTION 1928. 93.06 (12) of the statutes is created to read:
93.06 (12) FEDERAL DAIRY POLICY REFORM. Provide assistance to organizations to seek the reform of federal milk marketing orders and other federally authorized dairy pricing policies for the benefit of milk producers in this state.
SECTION 1929. 93.06 (12) of the statutes, as created by 1999 Wisconsin Act .... (this act), is repealed.
SECTION 1930. 93.06 (13) of the statutes is created to read:
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.
SECTION 1931. 93.12 (9) of the statutes is amended to read:
93.12 (9) The department shall recognize the accreditation, certification or registration of a laboratory by the department of natural resources under s. 299.11 and shall accept the results of any test conducted by a laboratory accredited, certified or registered to conduct that category of test under that section.
SECTION 1932. 93.135 (1) (b) of the statutes is amended to read:
93.135 (1) (b) A license under s. 94.10 (2) or (3) or (4).
SECTION 1933. 93.60 of the statutes is repealed.
****NOTE: This is reconciled s. 93.60. This SECTION has been affected by drafts with the following LRB numbers: LRB-0094 and LRB-0101.
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:
(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.
(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, including rooted Christmas trees, but excluding seeds, sod, cranberry cuttings and annuals.
(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.
(i) "Rooted Christmas tree" means an evergreen tree that is rooted in the soil and grown for eventual harvest and sale as a Christmas tree.
(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 pursuant to a valid permit under par. (g).
(g) Temporary permit; sales benefiting nonprofit organization. The department may issue a temporary permit authorizing the permit holder to sell nursery stock, for the benefit of a nonprofit organization, for a period of not more than 7 consecutive days. An applicant for a temporary permit shall apply on a form provided by the department and shall pay a fee of $5. The department may impose written conditions on the temporary permit and may summarily suspend or revoke the permit if the permit holder violates those conditions.
(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 or holds nursery stock for sale.
3. The license fee required under par. (c) or (cm).
4. The surcharge required under (d), if any.
5. Other information reasonably required by the department for licensing purposes.
(c) License fee; general. Except as provided in par. (cm), a nursery grower shall pay the following annual 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 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) License fee; Christmas tree growers. A Christmas tree grower shall pay the following annual license fee, based on annual sales calculated according to par. (e):
1. If the Christmas tree grower annually sells no more than $5,000 worth of Christmas trees, $20.
2. If the Christmas tree grower annually sells more than $5,000 but not more than $20,000 worth of Christmas trees, $55.
3. If the Christmas tree grower annually sells more than $20,000 but not more than $100,000 worth of Christmas trees, $90.
4. If the Christmas tree grower annually sells more than $100,000 but not more than $200,000 worth of Christmas trees, $150.
5. If the Christmas tree grower annually sells more than $200,000 but not more than $500,000 worth of Christmas trees, $250.
6. If the Christmas tree grower annually sells more than $500,000 but not more than $2,000,000 worth of Christmas trees, $450.
7. If the Christmas tree grower annually sells more than $2,000,000 worth of Christmas trees, $900.
(d) Surcharge for operating without a license. In addition to the fee required under par. (c) or (cm), an applicant for a nursery grower license shall pay a surcharge equal to the amount of that fee if the department determines that, within 365 days before submitting that application, the applicant operated as a nursery grower 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 sales. The amount of an applicant's license fee under par. (c) or (cm) for a license year shall be based on the applicant's sales of nursery stock during the applicant's preceding fiscal year, except that if the applicant made no sales during the preceding fiscal year the fee shall be based on the applicant's good faith prediction of sales during the license year for which the applicant is applying.
(f) Exemptions. Paragraph (a) does not apply to any of the following:
1. A nursery grower whose only sales of nursery stock are retail sales totaling less than $250 annually.
