SB45: Bill Text

SB45, s. 1906 Section 1906. 91.78 of the statutes is repealed.

SB45, s. 1907 Section 1907. 91.79 of the statutes is repealed.

SB45, s. 1908 Section 1908. 91.80 (1) of the statutes is amended to read:

SB45,932,20 91.80 (1) Ordinance. Any county, city, village or town may require by separate ordinance that land for which an owner receives a zoning certificate under s. 71.59 (1) (b) applies for a farmland preservation credit under ss. 71.59 and 71.60 be farmed in compliance with reasonable soil and water conservation standards established by the county land conservation committee.

SB45, s. 1909 Section 1909. 92.04 (2) (b) of the statutes is amended to read:

SB45,932,25 92.04 (2) (b) Review and approve land and water resource management plans. The board shall review and approve or disapprove land and water resource management plans prepared under s. 92.10 and make recommendations to the department on approval or disapproval of those plans.

SB45, s. 1910 Section 1910. 92.08 (1) of the statutes is amended to read:

SB45,933,11 92.08 (1) Every land conservation committee shall prepare annually for its county a plan which describes the soil and water resource activities to be undertaken by that county and the dollar amounts required for personnel to administer and implement activities in that county related to soil conservation activities required under ss. 92.104 and s. 92.105 to claim a farmland preservation credit under subch. IX of ch. 71 ss. 71.59 and 71.60, activities required under s. 92.17 related to shoreland management or activities required under s. 281.65 (8m) related to the development or implementation of animal waste or construction site erosion ordinances. The land conservation committee shall submit that plan to the county board of that county and to the department.

SB45, s. 1911 Section 1911. 92.10 (4) (d) of the statutes is amended to read:

SB45,933,19 92.10 (4) (d) Plan review. The department, in consultation with the department of natural resources, shall review and approve or disapprove land and water resource management plans submitted by the land conservation committees, summarize the plans and make recommendations to the board on approval or disapproval of the plans. The department may require land conservation committees to indicate specific projects to be funded under each plan and the related cost-sharing rates.

SB45, s. 1912 Section 1912. 92.10 (5) (a) of the statutes is amended to read:

SB45,933,23 92.10 (5) (a) Plan review. The board shall review and approve or disapprove land and water resource management plans submitted by the land conservation committees and make recommendations to the department.

SB45, s. 1913 Section 1913. 92.10 (6) (a) of the statutes is repealed and recreated to read:

SB45,934,3 92.10 (6) (a) Plan preparation. A land conservation committee shall prepare a land and water resource management plan that, at a minimum, does all of the following:

SB45,934,4 1. Assesses water quality and soil erosion conditions throughout the county.

SB45,934,6 2. Specifies water quality and soil erosion control goals and identifies the areas that may not be meeting those goals.

SB45,934,10 3. Identifies applicable performance standards and prohibitions related to the control of pollution from nonpoint sources, as defined in s. 281.65 (2) (b), and to soil erosion control, including those under this chapter and chs. 281 and 283 and ss. 59.692 and 59.693.

SB45,934,14 4. Includes a multiyear description of planned county activities, and priorities for those activities, related to land and water resources, including those designed to meet the goals specified under subd. 2. and to ensure compliance with the standards and prohibitions identified under subd. 3.

SB45,934,15 5. Describes a system to monitor the progress of activities described in the plan.

SB45,934,17 6. Includes a strategy to provide information and education related to soil and water resource management.

SB45,934,19 7. Describes methods for coordinating activities described in the plan with programs of other local, state and federal agencies.

SB45, s. 1914 Section 1914. 92.104 of the statutes is repealed.

SB45, s. 1915 Section 1915. 92.105 (1) of the statutes is amended to read:

SB45,935,7 92.105 (1) Establishment. A land conservation committee shall establish soil and water conservation standards. The standards and specifications for agricultural facilities and practices that are constructed or begun on or after October 14, 1997, and, if cost-sharing is available to the farmer under s. 92.14, 281.16 (5) or 281.65 or from any other source, for agricultural facilities and practices that are constructed or begun before that date shall be consistent with the performance standards, prohibitions, conservation practices and technical standards under s. 281.16 (3). It Beginning on January 1, 2001, the standards shall be consistent with the tolerable erosion level established under s. 92.04 (2) (i) and with nutrient management rules promulgated under s. 92.05 (3) (k). A land conservation committee shall submit these standards to the board for review.

SB45, s. 1916 Section 1916. 92.105 (2) of the statutes is amended to read:

SB45,935,14 92.105 (2) Guidelines; review. The board shall develop guidelines to be used for the establishment and administration of soil and water conservation standards. The board shall review and shall approve or disapprove submitted soil and water conservation standards based on the guidelines it develops. If the board approves soil and water conservation standards, it shall notify any appropriate zoning authority the land conservation committee of its approval.

SB45, s. 1917 Section 1917. 92.105 (3) of the statutes is amended to read:

SB45,935,20 92.105 (3) Approved standards required for farmland preservation credit. A farmland preservation credit may not be allowed under subch. IX of ch. 71 ss. 71.59 and 71.60 for claims relating to any land to which this section applies unless the land conservation committee for the county where the property is located establishes soil and water conservation standards which are approved by the board.

SB45, s. 1918 Section 1918. 92.105 (5) of the statutes is amended to read:

SB45,936,8 92.105 (5) Noncompliance. If the land conservation committee determines that farming operations on land to which this section applies do not comply with soil and water conservation standards, it shall issue a notice of noncompliance to the farmer and send a copy of the notice to any appropriate zoning authority. If no appropriate zoning authority exists, it shall send a copy to the department of revenue. This notice of noncompliance remains in effect until canceled. If actions are taken to comply with the soil and water conservation standards in a manner satisfactory to the land conservation committee, it shall cancel the notice of noncompliance by notifying the farmer and by sending a copy of the cancellation to any appropriate zoning authority. If no appropriate zoning authority exists or if the original notice was sent to the department of revenue, it shall send a copy of the cancellation to the department of revenue.

SB45, s. 1919 Section 1919. 92.105 (6) of the statutes is amended to read:

SB45,936,13 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.

SB45, s. 1920 Section 1920. 92.105 (7) (a) (title) of the statutes is repealed.

SB45, s. 1921 Section 1921. 92.105 (7) (a) of the statutes is renumbered 92.105 (7) and amended to read:

SB45,936,21 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).

SB45, s. 1922 Section 1922. 92.105 (7) (b) to (d) of the statutes are repealed.

SB45, s. 1923 Section 1923. 92.14 (2) (e) of the statutes is amended to read:

SB45,937,3 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.

SB45, s. 1924 Section 1924. 92.14 (3) (a) of the statutes is amended to read:

SB45,937,7 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.

SB45, s. 1925 Section 1925. 92.14 (4) (b) of the statutes is amended to read:

SB45,937,12 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.

SB45, s. 1926 Section 1926. 92.14 (6) (c) 1. of the statutes is amended to read:

SB45,937,17 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.

SB45, s. 1927 Section 1927. 93.06 (1n) of the statutes is created to read:

SB45,937,21 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.

SB45,937,23 (b) Accept and process by electronic means requests and payments for goods and services that the department is authorized to provide.

SB45,938,3 (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.

SB45, s. 1928 Section 1928. 93.06 (12) of the statutes is created to read:

SB45,938,7 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.

SB45, s. 1929 Section 1929. 93.06 (12) of the statutes, as created by 1999 Wisconsin Act .... (this act), is repealed.

SB45, s. 1930 Section 1930. 93.06 (13) of the statutes is created to read:

SB45,938,13 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.

SB45, s. 1931 Section 1931. 93.12 (9) of the statutes is amended to read:

SB45,938,18 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.

SB45, s. 1932 Section 1932. 93.135 (1) (b) of the statutes is amended to read:

SB45,938,20 93.135 (1) (b) A license under s. 94.10 (2) or (3) or (4).

SB45, s. 1933 Section 1933. 93.60 of the statutes is repealed.

SB45, s. 1934 Section 1934. 94.10 of the statutes is repealed and recreated to read:

SB45,938,24 94.10 Nursery stock; inspection and licensing. (1) Definitions. In this section:

SB45,939,3 (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.

SB45,939,7 (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.

SB45,939,9 (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.

SB45,939,10 (e) "Nursery grower" means a person who owns or operates a nursery.

SB45,939,13 (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.

SB45,939,14 (g) "Officially inspected source" means any of the following:

SB45,939,15 1. A nursery dealer licensed under sub. (2).

SB45,939,16 2. A nursery grower licensed under sub. (3).

SB45,939,18 3. A source outside this state that the department recognizes under sub. (10) as an officially inspected source.

SB45,939,20 (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.

SB45,939,21 (j) "Sell" means to transfer ownership, for consideration.

SB45,939,25 (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.

SB45,940,3 (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:

SB45,940,5 1. The applicant's legal name and address and any other name under which the applicant does business.

SB45,940,7 2. The address of each location at which the applicant proposes to hold nursery stock for sale.

SB45,940,8 3. The license fee required under par. (c).

SB45,940,9 4. The surcharge required under par. (d), if any.

SB45,940,11 5. Other information reasonably required by the department for licensing purposes.

SB45,940,13 (c) License fee. A nursery dealer shall pay the following annual license fee, based on annual purchases calculated according to par. (e):

SB45,940,15 1. If the nursery dealer buys no more than $5,000 worth of nursery stock for resale, $30.

SB45,940,17 2. If the nursery dealer buys more than $5,000 but not more than $20,000 worth of nursery stock for resale, $50.

SB45,940,19 3. If the nursery dealer buys more than $20,000 but not more than $100,000 worth of nursery stock for resale, $100.

SB45,940,21 4. If the nursery dealer buys more than $100,000 but not more than $200,000 worth of nursery stock for resale, $150.

SB45,940,23 5. If the nursery dealer buys more than $200,000 but not more than $500,000 worth of nursery stock for resale, $200.

SB45,940,25 6. If the nursery dealer buys more than $500,000 but not more than $2,000,000 worth of nursery stock for resale, $300.

SB45,941,2 7. If the nursery dealer buys more than $2,000,000 worth of nursery stock for resale, $400.

SB45,941,9 (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).

SB45,941,15 (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.

SB45,941,16 (f) Exemptions. Paragraph (a) does not apply to any of the following: