[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.
Joint Finance/Legislature: Require that any revenue received from assessments that exceeds $85,000 in any fiscal year be deposited to the general fund.
[Act 9 Sections: 177, 1576, 1577, 1609 thru 1616, 1960, 3066 thru 3072, 3074, 3075, 3076 thru 3078, 3079, 3080, 3082, 3084, 3085, 3095, 3098, 3203 thru 3205 and 9304(2)]
27. TRADE AND CONSUMER PROTECTION POSITIONS
Funding Positions
PR $34,200 0.20
SEG - 34,200 - 0.20
Total $0 0.00
Governor/Legislature: Transfer 0.2 position and $17,100 annually from recycling SEG to PR and make other adjustments to realign trade and consumer protection staff. The positions and funding affected would be as follows:
Appropriation Positions Annual Funding
Grain inspection and certification 0.35 $34,200
Warehouse keeper and grain dealer regulation 0.19 6,500
Vegetable procurement and dairy trade regulation -0.39 -23,700
Weights and measures inspection 0.35 25,800
Ozone-depleting refrigerants and products regulation -0.3 -25,700
Recycling products regulation (SEG) -0.2 -17,100
TOTAL 0.00 $0
28. TELECOMMUNICATIONS CONSUMER COMPLAINTS
Senate/Conference Committee: Require DATCP to prepare and submit to the appropriate standing committee in each house of the Legislature beginning September 1, 2000, an annual report regarding telecommunications complaints. Require that the report contain all of the following telecommunications-specific information: (a) the number and types of complaints by category received by DATCP; (b) the number of referrals made by DATCP to the Department of Justice for prosecution and the results of those prosecutions; (c) the level of coordination initiated by DATCP to work with the Public Service Commission (PSC) and DOJ to respond to and address consumer complaints; and (d) a description of the differences in services provided between the PSC, DATCP and DOJ in responding to complaints. Require that no later than the first day of the 13th month after the effective date of the bill, DATCP, DOJ and PSC enter into a memorandum of understanding outlining their coordinated plans to address consumer complaints in the area of telecommunications.
Veto by Governor [B-7]: Delete provision.
[Act 9 Vetoed Sections: 1930r, 9104(1m), 9130(2m), 9141(5m) and 9404(2m)]
29. GINSENG FEES
Governor/Legislature: Specify that ginseng dealer and grower annual registration fees and fees collected by DATCP to cover costs related to providing mandatory shipment certificates and report forms be deposited into an existing agricultural resource management appropriation used to publish informational materials. Although current law does not specify where the revenue is to be deposited, it has been deposited to this appropriation.
[Act 9 Sections: 185, 1935 and 1936]
30. WEB PAGE MAINTENANCE [LFB Paper 219]
Governor: Provide 1.0 position and $29,900 in 1999-00 and $39,900 in 2000-01 for DATCP website maintenance. A site was developed by a limited-term employe and the new position would maintain and update the site regularly. Program revenues are derived from chargebacks to agency programs.
Joint Finance/Legislature: Delete $15,500 annually to reallocate LTE-related funding to support the permanent position.
31. INFORMATION SALES POSITION
Positions
PR 0.50
Governor/Legislature: Convert a limited-term employe position to a one-half time permanent position. Funding would be transferred from LTE salary and supplies. The staff maintains and provides computer lists to internal and external customers.
32. HEALTH AND SAFETY OFFICER
Positions
PR 0.60
Governor/Legislature: Reallocate $22,700 in 1999-00 and $30,300 in 2000-01 from DATCP supplies (related to insurance premium savings) for a 0.6 position to coordinate health and safety initiatives and training for DATCP employes. DATCP plans to share the safety officer with the Department of Military Affairs (which would fund the other 40% of a full-time position).
33. DEBT SERVICE REESTIMATE [LFB Paper 245]
Governor: Reestimate debt service on soil and water resource management general obligation bonds by -$84,900 in 1999-00 and $41,700 in 2000-01.
Joint Finance/Legislature: Reestimate debt service on soil and water resource management general obligation bonds by deleting $41,600 in 1999-00 and $36,100 in 2000-01.
34. MANAGEMENT SERVICES
Governor/Legislature: Transfer $25,400 GPR and 0.5 program and planning analyst position annually from the Food Safety Division to the Management Services Division to assist the Secretary's office.
PR $2,378,800
SEG 241,400
Total $2,620,200
35. INFORMATION TECHNOLOGY
Governor/Legislature: Combine information technology funds into one appropriation. Currently, funds are transferred from various revenue accounts to cover appropriations. Those transfers do not appear as expenditures, but instead as revenue reductions. Spending authority would replace transfer authority, thus showing up as expenditures for record-keeping purposes. Revenue transfer authority of $85,400 PR and $120,700 SEG annually would be replaced with reciprocal spending authority. Also, increase spending authority for the one remaining IT appropriation by $1,359,000 PR in 1999-00 and $849,000 PR in 2000-01 to reflect chargebacks to various agency appropriations for IT expenditures.
[Act 9 Sections: 193 and 1933]
36. ELECTRONIC PROCESSING [LFB Paper 220]
Governor: Allow the Department to electronically process applications and payments for goods and services as well as DATCP-issued licenses, permits, registrations and certificates. The Department could also charge additional fees for electronic processing to cover the processing costs. Fees would be deposited into a new, continuing PR appropriation to be used for electronic processing.
Joint Finance: Require DATCP to set fees by administrative rule for the actual cost of electronic processing, if the Department chooses to collect such fees.
Senate: Delete the Joint Finance provision to require DATCP to set fees for the actual cost of electronic processing, if the Department chooses to collect such fees. Rather, allow DATCP to electronically process applications and payments for goods and services as well as DATCP-issued licenses, permits, registrations and certificates, as recommended by the Governor, but do not allow DATCP to charge additional fees for electronic processing.
Conference Committee/Legislature: Delete Senate provision.
