704.90 (11) (title) DUTIES OF THE DEPARTMENT OF AGRICULTURE, TRADE AND CONSUMER PROTECTION JUSTICE.
SECTION 102. 704.90 (11) (a) of the statutes is amended to read:
704.90 (11) (a) Except as provided in par. (c), the department of agriculture, trade and consumer protection justice shall investigate alleged violations of this section and rules promulgated under sub. (9). To facilitate its investigations, the department may subpoena persons and records and may enforce compliance with the subpoenas as provided in s. 885.12.
SECTION 103. 707.49 (4) of the statutes is amended to read:
707.49 (4) SURETY BOND AND OTHER OPTIONS. Instead of placing deposits in an escrow account, a developer may obtain a surety bond issued by a company authorized to do business in this state, an irrevocable letter of credit, or a similar arrangement, in an amount which at all times is not less than the amount of the deposits otherwise subject to the escrow requirements of this section. The bond, letter of credit, or similar arrangement shall be filed with the department of agriculture, trade and consumer protection justice and made payable to the department of agriculture, trade and consumer protection justice for the benefit of aggrieved parties.
SECTION 104. 707.57 (2) of the statutes is amended to read:
707.57 (2) DEPARTMENT OF AGRICULTURE, TRADE AND CONSUMER PROTECTION JUSTICE AUTHORITY. (a) The department of agriculture, trade and consumer protection justice, or any district attorney upon informing the department of agriculture, trade and consumer protection justice, may commence an action in circuit court in the name of the state to restrain by temporary or permanent injunction any violation of this chapter. Before entry of final judgment, the court may make such orders or judgments as may be necessary to restore to any person any pecuniary loss suffered because of the acts or practices involved in the action, if proof of these acts or practices is submitted to the satisfaction of the court.
(b) The department of agriculture, trade and consumer protection justice may conduct hearings, administer oaths, issue subpoenas, and take testimony to aid in its investigation of violations of this chapter.
SECTION 105. 707.57 (3) of the statutes is amended to read:
707.57 (3) PENALTY. Any person who violates this chapter shall be required to forfeit not more than $5,000 for each offense. Forfeitures under this subsection shall be enforced by action on behalf of the state by the department of agriculture, trade and consumer protection justice or by the district attorney of the county where the violation occurs.
SECTION 106. 779.41 (1m) of the statutes is amended to read:
779.41 (1m) Annually, on January 1, the department of agriculture, trade and consumer protection justice shall adjust the dollar amounts identified under sub. (1) (intro.), (a), (b), and (c) 1. to 4. by the annual change in the consumer price index, as determined under s. 16.004 (8) (e) 1., and publish the adjusted figures.
SECTION 107. 779.93 (title) of the statutes is amended to read:
779.93 (title) Duties of the department of agriculture, trade and consumer protection justice.
SECTION 108. 779.93 (1) of the statutes is amended to read:
779.93 (1) The department of agriculture, trade and consumer protection justice shall investigate violations of this subchapter and attempts to circumvent this subchapter. The department of agriculture, trade and consumer protection justice may subpoena persons and records to facilitate its investigations, and may enforce compliance with such subpoenas as provided in s. 885.12.
SECTION 109. 779.93 (2) (intro.) of the statutes is amended to read:
779.93 (2) (intro.) The department of agriculture, trade and consumer protection justice may in, on behalf of the state or in on behalf of any person who holds a prepaid maintenance lien:
SECTION 9103. Nonstatutory provisions; agriculture, trade and consumer protection.
(1) TRANSFER OF CONSUMER PROTECTION FUNCTIONS.
(a) Assets and liabilities. All assets and liabilities of the department of agriculture, trade and consumer protection that are primarily related to consumer protection programs or functions that are being transferred to the department of justice under this act shall become the assets and liabilities of the department of justice. The departments of justice and agriculture, trade and consumer protection shall jointly determine these assets and liabilities and shall jointly develop and implement a plan for their orderly transfer. In the event of any disagreement between the departments, the secretary of administration shall resolve the disagreement.
(b) Employee transfers. The departments of justice and agriculture, trade and consumer protection shall jointly determine which positions that are primarily related to consumer protection programs or functions that are being transferred to the department of justice under this act shall be transferred to the department of justice. In the event of a disagreement between the departments, the secretary of administration shall resolve the disagreement. The positions determined to be transferred under this paragraph, and the incumbent employees in those positions, shall be transferred to the department of justice.
(c) Employee status. Employees transferred under paragraph (b) have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of justice that they enjoyed in the department of agriculture, trade and consumer protection immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employee so transferred who has attained permanent status in class is required to serve a probationary period.
(d) Supplies and equipment. All tangible personal property, including records, of the department of agriculture, trade and consumer protection that are primarily related to consumer protection programs or functions that are being transferred to the department of justice under this act are transferred to the department of justice. The departments of justice and agriculture, trade and consumer protection shall jointly identify the tangible personal property, including records, and shall jointly develop and implement a plan for their orderly transfer. In the event of a disagreement between the departments, the secretary of administration shall resolve the disagreement.
(e) Pending matters. Any matter pending with the department of agriculture, trade and consumer protection that is primarily related to a consumer protection program or function that is being transferred to the department of justice under this act is being transferred to the department of justice. All materials submitted to or actions taken by the department of agriculture, trade and consumer protection with respect to the pending matter are considered as having been submitted to or taken by the department of justice.
(f) Contracts. All contracts entered into by the department of agriculture, trade and consumer protection or by the department of justice that are primarily related to consumer protection programs or functions that are being transferred to the department of justice under this act, and that are in effect on the effective date of this paragraph, remain in effect and those contracts entered into by the department of agriculture, trade and consumer protection are transferred to the department of justice. The departments of justice and agriculture, trade and consumer protection shall jointly identify these contracts and shall jointly develop and implement a plan for their orderly transfer. In the event of any disagreement between the departments, the secretary of administration shall resolve the disagreement. The department of justice shall carry out the obligations under these contracts until the obligations are modified or rescinded by the department of justice to the extent allowed under the contract.
(g) Rules and orders. All rules promulgated by the department of agriculture, trade and consumer protection that are in effect on the effective date of this paragraph and that are primarily related to consumer protection programs or functions that are being transferred to the department of justice under this act remain in effect until their specified expiration date or until amended or repealed by the department of justice. All orders issued by the department of agriculture, trade and consumer protection that are in effect on the effective date of this paragraph and that are primarily related to consumer protection programs or functions that are being transferred to the department of justice under this act remain in effect until their specified expiration date or until modified or rescinded by the department of justice.
(2) NAME CHANGE. Wherever "agriculture, trade and consumer protection" appears in the following sections of the statutes, as affected by this act, "agriculture, trade, and rural resources" is substituted: 15.05 (1) (d), 15.07 (5) (d), 15.105 (12) (a) 1. and (16) (b) 1., 15.107 (16) (b) 2., 15.135 (1) (a) (intro.) and (b) and (4) (am) and (b) 1., 15.137 (b) and (5) (intro.), (a), and (b) 1., 15.155 (4) (a) 1. and (5), 15.347 (13) (b) 3. and (18) (b) 3., 15.405 (5g), 15.445 (2) (e) and (4) (a) 6., 15.915 (1) (b) 1. and (2) (a), 16.023 (1) (g) (intro.), 16.045 (3), 16.967 (6), 16.9675 (6), 20.115 (intro.), 20.866 (2) (we) and (wf), 20.923 (4) (f) 2., 23.235 (3m), 25.463, 26.30 (2) and (5), 26.36, 27.019 (3) and (12), 29.424 (2) (b), 29.705 (4) (b), 29.875 (2), 30.12 (1m) (a) and (b), 30.20 (1g) (c), 30.46 (1) (a) and (2), 31.02 (7m), 32.035 (1) (a), 36.25 (7) and (11) (c), 36.58 (2) (a) 3. and (c), (3) (b), and (5), 41.41 (4) (c) and (5) (e), 42.10, 59.70 (17) (a), 61.72, 66.0217 (9) (b), 66.0307 (4) (a) 1., 66.0417 (1), 69.66, 84.01 (17), 86.19 (1m), 88.11 (1) (intro.), (1m), (3) (intro.), (4), (5) (intro.), (6), and (7), 88.13, 88.15 (1), (2), and (3), 88.19 (4) (a) (intro.) and (d), 88.21 (5), 88.24 (intro.), 88.32 (3m), 88.35 (7), 88.77 (2), 91.01 (3), 92.03 (3), 92.14 (6) (d) and (m) and (14m), 92.15 (3) (a) and (b), chapter 93 (title), 93.01 (3) and (15), 93.09 (6), 93.135 (2), 93.75 (3m) (b), (c), and (d), 93.90 (5) (c), 94.72 (1) (d), 94.73 (2m) (b), (c), and (e), (4) (b), and (9), 95.22 (1) and (3), 95.45 (4) (b), 95.55 (5) (a) and (c), 97.01 (4), 97.24 (3), 97.41 (1m), 98.04 (1) and (2), 101.175 (3) (intro.), 101.58 (2) (i), 101.586, 126.01 (8), 126.72 (2), 146.60 (1) (c), (2) (b), (3) (c) 1. and 2., and (5), 160.01 (7), 169.01 (7) and (35) (a), 169.03, 169.04 (2) (d) and (3) (a), 169.04 (5m) (a) 3., 6., and 7., 169.06 (1) (d) 1., 169.11 (1) (a) (intro.), 169.38 (title), 169.42 (1) (i), 173.01 (1), 174.001 (2), 174.11 (1) and (2) (a), 182.01 (6), 196.857 (1g) (e), 227.137 (1), 227.14 (1s), 230.08 (2) (e) 2., 235.02 (2) (c), 235.04 (6), 254.02 (3) (a), 254.51 (2), 254.52 (2) (intro.), 254.58, 254.64 (1) (d), 254.69 (2) (am), 281.16 (3) (a) (intro.), (b), (c), and (e), 281.20 (1) (a) and (3) (c) (intro.), 1., and 2. and (d) 3., 281.65 (3) (f), (3m) (a) 1. and (b) 1., (4) (as), (dr), (e), (g) (intro.), 2., and 4., (i), (L), (o), (p), and (pm), (4c) (am) 2., (4m) (c) and (d), (5) (intro.), (5m), (7) (a) 2., (11), and (12), 281.67, 281.695 (5), 281.75 (1) (e) 1., 287.11 (2s) (a) and (b), 292.11 (2) (d) and (9) (d) 1. d., 292.33 (6), 299.11 (2) (title), (a), and (b), and (5) (a), 348.01 (2) (am), 348.15 (5) (intro.), 348.17 (4) (a) and (b) (intro.), 348.27 (11m) (a), 440.92 (7), 560.03 (1) and (18), 560.07 (6), 560.17 (7) (am), 560.92 (1), 562.02 (2) (fm), 704.90 (11) (a), 710.02 (4) (a) (intro.), 823.08 (3) (c) 1., 885.01 (4), 895.57 (3), 943.75 (3), and 943.76 (3) (c).
(3) MEMBERSHIP OF THE BOARD OF AGRICULTURE, TRADE AND CONSUMER PROTECTION. Notwithstanding section 15.13 of the statutes, as affected by this act, any member of the board of agriculture, trade and consumer protection who is serving on the board of agriculture, trade and consumer protection as a consumer representative on the day before the effective date of this subsection shall be entitled to continue to serve as a member of the board under section 15.13 of the statutes, as affected by this act, until his or her successor is appointed and qualified.
SECTION 9303. Initial applicability; agriculture, trade and consumer protection.
(1) CONSUMER PROTECTION SURCHARGES. The treatment of section 100.261 (3) (d) of the statutes first applies to violations of chapter 133 of the statutes, or rules promulgated under chapter 133 of the statutes, that are committed on the effective date of this subsection.
SECTION 9403. Effective dates; agriculture, trade and consumer protection.
(1) TRANSFER OF CONSUMER PROTECTION FUNCTIONS. The repeal of section 20.115 (8) (jm) of the statutes; the renumbering and amendment of section 100.207 (1) of the statutes; the amendment of sections 15.13, 15.137 (1) (a) (intro.), 20.115 (1) (hm), 20.455 (1) (title), 93.07 (1), 93.07 (24), 93.18 (3), 93.20 (1), 93.22 (1), 93.22 (2), 100.07 (6), 100.171 (7) (b), 100.171 (8) (intro.), 100.173 (4) (intro.), 100.173 (4) (a), 100.174 (5) (intro.), 100.174 (6), 100.175 (5) (a) (intro.), 100.175 (5) (b), 100.175 (7) (a) (intro.), 100.175 (7) (b), 100.178 (1) (b), 100.18 (11) (a), 100.18 (11) (b) 3., 100.18 (11) (c) 1., 100.18 (11) (c) 2., 100.18 (11) (c) 3., 100.18 (11) (c) 4., 100.18 (11) (d), 100.18 (11) (e), 100.182 (5) (a), 100.182 (5) (b), 100.20 (2) (a), 100.20 (2) (b), 100.20 (3), 100.20 (4), 100.20 (6), 100.201 (6) (d), 100.201 (8m) (intro.), 100.201 (9) (b), 100.201 (9) (c), 100.205 (7), 100.205 (8), 100.207 (6) (b) 1., 100.207 (6) (b) 2., 100.207 (6) (c), 100.207 (6) (em) 1., 100.207 (6) (em) 2., 100.208 (2) (intro.), 100.208 (2) (b), 100.209 (3), 100.209 (4) (b), 100.2095 (6) (b), 100.2095 (6) (c), 100.21 (2) (a), 100.21 (4) (a) (intro.), 100.22 (4) (b), 100.235 (11) (a), 100.26 (6), 100.261 (1), 100.261 (3) (b), 100.263, 100.28 (4) (b), 100.28 (4) (c), 100.31 (4), 100.31 (5), 100.38 (5), 100.38 (6), 100.44 (5), 100.46 (1), 100.46 (2), 100.50 (6) (b), 100.50 (6) (c), 101.175 (3) (intro.), 134.71 (12), 136.03 (title), 136.03 (1) (intro.), 136.04, 165.065 (2), 165.25 (4) (ar), 344.576 (3) (a) 5., 344.576 (3) (c), 344.579 (2) (intro.), 704.90 (9), 704.90 (11) (title), 704.90 (11) (a), 707.49 (4), 707.57 (2), 707.57 (3), 779.41 (1m), 779.93 (title), 779.93 (1), and 779.93 (2) (intro.) of the statutes; the creation of sections 20.455 (1) (g), 20.455 (1) (j), 93.07 (23), 93.18 (7), 100.177 (1) (bm), 100.207 (1) (a), 100.261 (3) (d), 100.261 (3) (e), 100.37 (1) (am), 100.41 (1) (bn), 100.42 (1) (cm), 100.43 (1) (am), 100.52 (1) (bn), and 165.252 of the statutes; and SECTION 9103 (1), (2), and (3) of this act take effect on October 1, 2005, or on the first day of the 3rd month beginning after publication, whichever is later.
(End)
LRB-1245LRB-1245/2
JK:jld:pg
2005 - 2006 LEGISLATURE
DOA:......Walker, BB0310 - Livestock farm modernization tax credit
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
taxation
Income taxation
Under current law, a person may claim an income or franchise tax credit against the person's state income or franchise tax liability for an amount equal to 10 percent of the amount that the person paid in the taxable year to modernize or expand the person's dairy farm. Under the bill, a person may claim the credit for an amount equal to 10 percent of the amount that the person paid in the taxable year to modernize or expand the person's livestock farm. Under the bill, livestock includes dairy animals and other domestic animals used in this state for the production of food, fiber, or other animal products.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 71.07 (3n) (title) of the statutes is amended to read:
71.07 (3n) (title) DAIRY LIVESTOCK FARM INVESTMENT CREDIT.
SECTION 2. 71.07 (3n) (a) 1m. of the statutes is repealed.
SECTION 3. 71.07 (3n) (a) 1n. of the statutes is created to read:
71.07 (3n) (a) 1n. "Livestock" means domestic animals used in this state in the production of food, fiber, or other animal products and includes bovine animals, swine, poultry, fish, sheep, and goats. "Livestock" does not include equine animals, deer, ratites, camelidae, or mink.
SECTION 4. 71.07 (3n) (a) 1p. of the statutes is repealed.
SECTION 5. 71.07 (3n) (a) 2. (intro.) of the statutes is amended to read:
71.07 (3n) (a) 2. (intro.) "Dairy "Livestock farm modernization or expansion" means the construction, the improvement, or the acquisition of buildings or facilities, or the acquisition of equipment, for dairy animal livestock housing, livestock confinement, animal livestock feeding, milk production, or waste management, including the following, if used exclusively related to dairy animals livestock:
SECTION 6. 71.07 (3n) (b) of the statutes is amended to read:
71.07 (3n) (b) Subject to the limitations provided in this subsection, for taxable years that begin after December 31, 2003, and before January 1, 2010, a claimant may claim as a credit against the tax imposed under ss. 71.02 and 71.08 an amount equal to 10% of the amount the claimant paid in the taxable year for dairy livestock farm modernization or expansion related to the operation of the claimant's dairy livestock farm.
SECTION 7. 71.28 (3n) (title) of the statutes is amended to read:
71.28 (3n) (title) DAIRY LIVESTOCK FARM INVESTMENT CREDIT.
SECTION 8. 71.28 (3n) (a) 1m. of the statutes is repealed.
SECTION 9. 71.28 (3n) (a) 1n. of the statutes is created to read:
71.28 (3n) (a) 1n. "Livestock" means domestic animals used in this state in the production of food, fiber, or other animal products and includes bovine animals, swine, poultry, fish, sheep, and goats. "Livestock" does not include equine animals, deer, ratites, camelidae, or mink.
SECTION 10. 71.28 (3n) (a) 1p. of the statutes is repealed.
SECTION 11. 71.28 (3n) (a) 2. (intro.) of the statutes is amended to read:
71.28 (3n) (a) 2. (intro.) "Dairy "Livestock farm modernization or expansion" means the construction, the improvement, or the acquisition of buildings or facilities, or acquiring equipment, for dairy animal livestock housing, livestock confinement, animal livestock feeding, milk production, or waste management, including the following, if used exclusively related to dairy animals livestock:
SECTION 12. 71.28 (3n) (b) of the statutes is amended to read:
71.28 (3n) (b) Subject to the limitations provided in this subsection, for taxable years that begin after December 31, 2003, and before January 1, 2010, a claimant may claim as a credit against the tax imposed under s. 71.23 an amount equal to 10% of the amount the claimant paid in the taxable year for dairy livestock farm modernization or expansion related to the operation of the claimant's dairy livestock farm.
SECTION 13. 71.47 (3n) (title) of the statutes is amended to read:
71.47 (3n) (title) DAIRY LIVESTOCK FARM INVESTMENT CREDIT.
SECTION 14. 71.47 (3n) (a) 1m. of the statutes is repealed.
SECTION 15. 71.47 (3n) (a) 1n. of the statutes is created to read:
71.47 (3n) (a) 1n. "Livestock" means domestic animals used in this state in the production of food, fiber, or other animal products and includes bovine animals, swine, poultry, fish, sheep, and goats. "Livestock" does not include equine animals, deer, ratites, camelidae, or mink.
SECTION 16. 71.47 (3n) (a) 1p. of the statutes is repealed.
SECTION 17. 71.47 (3n) (a) 2. (intro.) of the statutes is amended to read:
71.47 (3n) (a) 2. (intro.) "Dairy "Livestock farm modernization or expansion" means the construction, the improvement, or the acquisition of buildings or facilities, or the acquisition of equipment, for dairy animal livestock housing, livestock confinement, animal livestock feeding, milk production, or waste management, including the following, if used exclusively related to dairy animals livestock:
SECTION 18. 71.47 (3n) (b) of the statutes is amended to read:
71.47 (3n) (b) Subject to the limitations provided in this subsection, for taxable years that begin after December 31, 2003, and before January 1, 2010, a claimant may claim as a credit against the tax imposed under s. 71.43 an amount equal to 10% of the amount the claimant paid in the taxable year for dairy livestock farm modernization or expansion related to the operation of the claimant's dairy livestock farm.
SECTION 9341. Initial applicability; revenue.
(1) LIVESTOCK FARM MODERNIZATION CREDIT. The treatment of sections 71.07 (3n) (title), (a) 1m., 1n., 1p., and 2. (intro.), and (b), 71.28 (3n) (title), (a) 1m., 1n., 1p., and 2. (intro.), and (b), and 71.47 (3n) (title), (a) 1m., 1n., 1p., and 2. (intro.), and (b) of the statutes first applies to taxable years beginning on January 1 of the year in which this subsection takes effect, except that if this subsection takes effect after July 31 the treatment of sections 71.07 (3n) (title), (a) 1m., 1n., 1p., and 2. (intro.), and (b), 71.28 (3n) (title), (a) 1m., 1n., 1p., and 2. (intro.), and (b), and 71.47 (3n) (title), (a) 1m., 1n., 1p., and 2. (intro.), and (b) of the statutes first applies to taxable years beginning on January 1 of the year following the year in which this subsection takes effect.
(End)
LRB-1246LRB-1246/1
RCT:jld:rs
2005 - 2006 LEGISLATURE
DOA:......Walker, BB0309 - Private contractor premises registration fee
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Agriculture
Under current law, beginning on November 1, 2005, a person who keeps livestock in this state must register each location at which the person keeps livestock. Each location is to be assigned an identification code. The law authorizes DATCP to contract with an agent to administer the program for registering and assigning codes to livestock premises. This bill provides that, if DATCP does contract with an agent to administer the program, the agent may collect fees that cover the cost of administering the program.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 95.51 (8) of the statutes, as created by 2003 Wisconsin Act 229, is amended to read:
95.51 (8) CONTRACT AGENT. The department may contract with an agent to administer the registration program under this section on behalf of the department. The department may not authorize an agent to release aggregate information under this section. If the department contracts with an agent under this subsection, the agent may collect fees from registrants that cover the agent's cost of administering the registration program.
