Nonprofit Exemptions. Remove all permitting and fee requirements for nonprofit organizations that sell nursery stock for a period of not more than seven consecutive days.
Christmas Tree Growers. Exclude Christmas trees from the definition of nursery stock, eliminate the surcharge for Christmas tree growers operating without a license and allow DATCP to inspect Christmas tree growers and dealers.
Classify persons growing both Christmas trees and nursery stock as either Christmas tree growers or nursery growers and exclude Christmas tree growers from the labeling, reporting and other regulatory requirements of nursery growers. Exclude those growers receiving over 50% of their nursery and Christmas tree revenues from Christmas trees from requirements to obtain a nursery grower license. Exclude those growers receiving over 50% of their nursery and Christmas tree revenues from nursery stock from requirements to obtain a Christmas tree grower license. Base license fees on total sales of all nursery stock and Christmas trees.
Labeling Requirements. Specify that unless the nursery stock is grown by a Christmas tree grower: (a) shipping improperly labeled nursery stock to nursery dealers and growers is prohibited; (b) nursery dealers and growers are prohibited from accepting improperly labeled nursery stock; and (c) a shipment of nursery stock must be labeled with the name and address of the person selling or distributing the shipment to the nursery dealer or grower.
Assembly/Legislature: Restore the Governor's recommendation for nursery grower license fees and replace $32,500 PR in 1999-00 and $43,300 PR in 2000-01 for 1.0 nursery inspector with GPR.
Christmas Tree Growers. Establish a separate license for Christmas tree growers that grow and sell Christmas trees but no nursery stock. Specify that a person may grow Christmas trees and nursery stock only if the person holds a nursery grower license and that a separate Christmas tree grower license is not required. Further, provide that if a nursery grower sells nursery stock and Christmas trees, the grower pays license fees for Christmas trees at the Christmas tree grower rate and nursery stock at the nursery grower rate.
Labeling Requirements. Specify that even if nursery stock is grown by a person also growing Christmas trees: (a) shipping improperly labeled nursery stock to nursery dealers and growers is prohibited; (b) nursery dealers and growers are prohibited from accepting improperly labeled nursery stock; and (c) a shipment of nursery stock must be labeled with the name and address of the person selling or distributing the shipment to the nursery dealer or grower.
[Act 9 Sections: 187, 188, 189, 1932, 1934, 9104(3y) and 9204(1)]
15. AGRICULTURAL RESOURCE MANAGEMENT GIFTS
Governor/Legislature: Allow DATCP to enter into cooperative agreements with corporations, associations, foundations and individuals to carry out plant protection activities. Create a continuing PR appropriation to accept gifts, grants and bequests for agricultural resource management to be used for the purposes specified. Under current law, gifts and grants are deposited into a similar, central administrative services appropriation. No estimate of revenues is made.
[Act 9 Sections: 186, 190 and 1930]
16. WEIGHTS AND MEASURES PROGRAM [LFB Paper 216]
PR-REV $286,000
Governor: Establish new fertilizer and feed tonnage fees of 2¢ per ton (with a minimum fee of $1) that would generate approximately $86,000 annually. These fees reflect a corresponding reduction in fertilizer and feed tonnage fees currently deposited to the agrichemical management fund.
Increase the vehicle scale operator annual license fee from $30 to $60. The fee change would generate approximately $57,000 annually. The Department would continue to have authority to establish a different fee by rule. 1997 Act 27 increased the fees from $30 to $60 for the 1997-99 biennium only.
Allow municipalities (cities or villages) with populations over 5,000 to contract with DATCP to enforce weights and measures provisions. Allow (rather than require under current law) the Department to charge a municipality to cover the cost of the contract. Further, require that population estimates be based on the most recent estimates made by the Department of Administration rather than federal census data. Current law requires municipalities having a population of more than 5,000 to enforce weights and measures provisions, unless DATCP chooses to contract to do the enforcing.
As drafted, the bill would require DATCP to contract with municipalities at their request. Under current law, the Department enters into contracts with municipalities at DATCP's discretion. Administration officials indicate the Governor did not intend to make this change.
Joint Finance/Legislature: Include towns in the definition of municipalities for the purposes of all weights and measures provisions, to require towns with populations over 5,000 to either contract with DATCP or provide their own weights and measures service. Specify that municipalities can contract with the Department for weights and measures enforcement, at the Department's discretion.
Veto by Governor [B-6]: Delete the Joint Finance provision to include towns in the definition of municipalities for the purposes of all weights and measures provisions.
[Act 9 Sections: 176, 1938, 1939, 1945, 1951, 1952, 1953 and 9304(1)]
[Act 9 Vetoed Section: 1950m]
17. WEIGHTS AND MEASURES FUNDING [LFB Paper 216]
Governor: Transfer 4.5 positions and $237,800 annually from PR to petroleum inspection fund SEG. Additionally, transfer 1.0 position and $48,400 annually from recycling fund SEG to petroleum inspection fund SEG and 1.0 chief of environmental products position and $143,900 annually from recycling fund SEG to PR. Petroleum inspection fund revenues come from a 3¢ per gallon fee on all petroleum products entering the state.
Joint Finance/Legislature: Restore 2.5 positions and $122,400 annually to PR rather than converting the positions to petroleum inspection fund SEG to align funding sources with staff inspection activities.
18. LIQUID PETROLEUM GAS METER LICENSE [LFB Paper 217]
Governor: Require an annual license for persons who operate a meter to measure liquefied petroleum gas (LPG) for sale or delivery. A license fee of $25 per meter would be charged, unless DATCP establishes a different fee by administrative rule. The license would expire on July 31 of each year. A surcharge of $200 for operating a meter without a license would also apply. Estimate program revenues for weights and measures inspection at $13,700 annually. The bill would repeal a $25 one-time registration fee (created in the 1997-99 budget) for each new meter.
The meter operator (rather than the owner under current law) would be required to have the meter annually tested by a DATCP licensed tester, who must test the meter for accuracy as specified in DATCP rule. The meter tester would also be required to report the results in writing to DATCP within 15 days (rather than 30 days under current law) of the meter inspection, or be subject to a fee of up to $100 and possible license revocation or suspension. Require the Department to issue a written notice to a meter operator (rather than the owner) who fails to annually test a meter and requires the operator to have the meter tested within 30 days of notification or be subject to a fee of up to $100 per untested meter and possible license revocation or suspension.
Joint Finance/Legislature: Delete provision.
19. GRAIN, FRUIT AND VEGETABLE INSPECTION TRANSFER [LFB Paper 218]
Governor: Transfer $8,371,400 PR annually with 77.10 staff from the Marketing Services Division to the Trade and Consumer Protection Division to realign grain inspection and fruit and vegetable inspection funding with the division where such inspections now occur. Funding of $5,590,000 and 52.05 positions would be reallocated for grain inspection and certification and $2,781,400 and 25.05 positions for fruit and vegetable inspection.
Separate fruit and vegetable inspection into a new, continuing (rather than annual currently) appropriation in the Division of Trade and Consumer Protection. Fruit and vegetable inspection revenue would come from currently assessed fees for registration of produce procurement contracts and for inspection of farm products for the purpose of standardization, grading or certification.
Deposit current contractor (one who buys vegetables from a producer or who contracts with a producer to grow vegetables) fees of 1¢ per $100 in total paid and unpaid contractual obligations to producers to an appropriation which regulates vegetable procurement and dairy trade practices. Currently these fees are appropriated to the marketing services appropriation from which the bill transfers revenues to the fruit and vegetable inspection account. DATCP received $13,000 PR from this fee in 1997-98.
As drafted, the bill would require all fees of 1¢ per $100 in contractual obligations be deposited to the dairy and vegetable security and trade practices appropriation, but, due to a technical error, also to the fruit and vegetable inspection appropriation.
Joint Finance: Delete $55,000 annually with 0.5 vacant trade practices analyst position from the dairy and vegetable security and trade practices appropriation to maintain expenditures within revenues. Create the fruit and vegetable inspection appropriation as an annual rather than a continuing appropriation.
Further, make a technical correction to specify that all fees of 1¢ per $100 in contractual obligations be deposited to the dairy and vegetable security and trade practices appropriation.
Assembly/Legislature: Restore $55,000 PR annually and 0.5 vacant trade practices analyst position for the dairy and vegetable security and trade practices program that had been deleted by Joint Finance. Also, change the fruit and vegetable inspection appropriation from annual to continuing. Under this provision, authorized expenditures would exceed available revenues by an estimated $109,100.
[Act 9 Sections: 173 thru 175, 180 and 181]
20. LIVESTOCK AND AQUACULTURE INSPECTION
Governor: Delete 2.0 GPR positions and $97,900 GPR each year for a fish farm microbiologist and a health inspector position that were frozen by the Governor in the 1997-99 budget adjustment act.
Further, provide $83,800 PR annually in expenditure authority for field staff travel, increased license printing and new equipment purchases for livestock and aquaculture inspection, testing and enforcement activities. Revenues are collected from livestock market, dealer and trucker licenses, livestock vehicle registrations, livestock health certificates and deer and fish farm registrations.
Assembly: Provide $80,000 PR annually for 1.0 fish farm microbiologist position. Revenues are collected from livestock, deer and fish farm licenses and registrations.
Conference Committee/Legislature: Adopt the Assembly position as corrected to fund the 1.0 PR fish microbiologist position from fees for services provided by the animal health laboratory, as are other laboratory and microbiologist positions (rather than from livestock licenses and health certificates and deer and fish farm registrations).
[Act 9 Section: 9104(2m)]
21. AQUACULTURE RESEARCH GRANTS
Senate: Delete $250,000 PR annually from the Commerce Indian gaming economic development program and provide $250,000 PR annually and 1.0 position for grants under the agricultural development and diversification grant program to Native American aquaculture facilities, the private aquaculture industry or state owned hatcheries for water quality research and other purposes related to aquaculture. Of the $250,000, provide $65,000 annually and a position to coordinate aquaculture activities and research between Native American aquaculture facilities, the private aquaculture industry, the University of Wisconsin System and other state agencies.
Conference Committee/Legislature: Delete provision.
22. TOBACCO FARMER GRANTS
Assembly: Provide $100,000 SEG in 2000-01 from the cigarette use resistance education fund for grants under the agricultural development and diversification grant program to tobacco farmers.
Conference Committee/Legislature: Delete provision.
23. JOHNE'S DISEASE TESTING SUBSIDY
Senate/Legislature: Provide $100,000 GPR annually for financial assistance for an owner's first test of a livestock herd for paratuberculosis (Johne's disease) and require DATCP to promulgate rules for providing the assistance.
Veto by Governor [B-5]: Delete funding in 1999-00 and the requirement that DATCP only provide financial assistance for an owner's first test of a livestock herd for paratuberculosis. The Governor's veto message requests DATCP, through administrative rule, to establish a process for providing financial assistance to farmers that have previously conducted herd tests.
[Act 9 Sections: 177s and 1945s]
[Act 9 Vetoed Sections: 172 (as it relates to s. 20.115(2)(c)) and 1945s]
24. DOG LICENSES AND RABIES CONTROL
PR-REV $3,000
Governor/Legislature: Allow the Department to train local rabies control administrators and to charge a fee to cover training costs. Fees would be credited to an existing appropriation for dog licenses, rabies control, humane activities and related services. Program revenue is estimated at $1,500 annually. Specify that fees collected for humane officer training and certification under 1997 Act 192 be deposited to this appropriation.
[Act 9 Sections: 178, 179, 1946 and 9404(2)]
25. CHICKEN AND TURKEY DISEASE CONTROL
Senate: Applicability. Create requirements before a person may begin to operate a poultry facility, after the effective date of the bill, with over 1,000 animal units (55,000 turkeys, 100,000 layers or 200,000 broilers) that is located within 6.2 miles of a facility where 10,000 or more poultry are kept, or the new facility's poultry manure is spread or composted, poultry is transported or dead poultry or poultry by-products are stored or composted within two miles of a facility where 10,000 or more poultry are kept.
Requirements. Require poultry in the facility to be designated "mycoplasma gallisepticum clean started" and "mycoplasma synoviae clean started" under the national poultry improvement plan. Require operators to obtain random blood samples from at least one of every 100 animal units at least once every 180 days and submit the samples to a DATCP certified poultry diagnostic laboratory for DATCP approved serological tests for the presence of mycoplasma gallisepticum or mycoplasma synoviae.
If the blood samples indicate the presence of mycoplasma gallisepticum or mycoplasma synoviae, require the operator of the facility to have a confirmatory test conducted by a DATCP certified poultry diagnostic laboratory within ten days of receiving the original test results. If the confirmatory test results are positive, DATCP is required, without providing indemnification payments, to immediately order the destruction of all poultry housed in the facility and the disinfecting of the facility. DATCP is also required to supervise the disposal of carcasses. Require that the poultry facility be kept vacant of poultry for at least 14 days after the date of disinfecting. Further, require the operator of the poultry facility to send all testing results by first class mail within five days of reception to DATCP and to all nearby facilities where 10,000 or more poultry are kept, as described above, and to maintain the testing records for at least five years after the tests are conducted. Require DATCP to retain all testing results for at least five years.
Require operators to obtain DATCP approval of a biosecurity plan to prevent the spread of poultry disease that includes all of the following: (a) employe clothing policies; (b) employe showering policies; (c) equipment disinfecting policies; (d) daily mortality disposal; (e) outside vendor policies; (f) fencing and sign policies at the facility; (g) isolation and sanitation procedures; (h) barn disinfecting policies; (i) vaccination and medication policies; (j) manure handling policies; (k) poultry transportation policies; and (l) employe training and accountability policies. Allow DATCP to require plan revisions before granting biosecurity plan approval, and require the Department to retain a copy of approved plans for at least five years after the plan ceases to be in effect.
Enforcement. Provide that the penalty for violating any of these requirements or an order issued under these requirements is a forfeiture of not less than $5,000 nor more than $1 million for each violation, and allow DATCP to recover the forfeiture or to seek an injunction to restrain the operator from committing such violations. Further, allow any nearby facility where 10,000 or more poultry are kept that is injured or threatened with injury by a violation of the above requirements to request a temporary or permanent injunction or damages. Require that the action may not begin until 15 days after the accuser notifies DATCP and the alleged violator of the intent to bring the action. Allow the accuser that obtains an injunction or is awarded damages to recover costs and reasonable attorney fees, notwithstanding attorney fee limitations imposed under s. 814.04(1).
Conference Committee/Legislature: Delete provision.
26. CONSUMER PROTECTION ASSESSMENT
PR-REV $150,000
PR $150,000
Governor: Provide $75,000 annually and create an appropriation for consumer protection information and education. Revenue would come from a new 15% surcharge on all fines and forfeitures for violations relating to consumer protection that occur beginning on the effective date of the bill. Fines and forfeitures related to weights and measures violations and marketing and trade practices would include the assessment. Examples of weights and measures fines and forfeitures assessed would be on one who obstructs an inspector, uses an incorrect weight or measure in sales, falsely advertises a quantity or price of any good or service, falsely tests milk for butterfat content or generally violates any provision under the weights and measures statutes (Chapter 98) or corresponding administrative rules. Examples of marketing and trade practice fines include false advertising, business to business violations, dairy industry violations, unfair trading methods, contracting infractions and plastic container labeling infractions, as well as any provision under the marketing and trade practice statutes (Chapter 100) or corresponding administrative rules. The 15% assessment would also apply to local ordinances enacted under the marketing and trade practice and weights and measures statutes and corresponding administrative rules. The 15% would be based on the total amount of fines and forfeitures imposed in any court, and if collected by a local court, it would be forwarded to the county treasurer and paid to the state in the same method as similar forfeitures.
