SECTION 32. 98.25 (4) of the statutes is renumbered 98.16 (3m) (f).
SECTION 33. 98.255 of the statutes is created to read:
98.255 Reinspection; fee. (1) If the department reinspects a weight or measure because the department has found a violation of this chapter or a rule promulgated under this chapter, the department may charge the operator of the weight or measure a reinspection fee.
(2) The department shall establish the amount of the reinspection fee under sub. (1) by rule and may establish different reinspection fees for different types of weights and measures. The amount of a reinspection fee for a weight or measure may not exceed the department's average cost to reinspect that type of weight or measure.
(3) A reinspection fee under sub. (1) is payable after the reinspection is completed and is due upon written demand from the department. The department may issue a demand for payment when it issues an annual license application form to the operator of the weighing or measuring device.
SECTION 9103. Nonstatutory provisions; Agriculture, Trade and Consumer Protection.
(1) EMERGENCY RULES; WEIGHTS AND MEASURES. The department of agriculture, trade and consumer protection may promulgate rules to establish the initial amount of a fee or surcharge under section 98.16 (3) (intro.) of the statutes, as affected by this act, or sections 98.16 (2m) (a) or (b), 98.224 (2) (c) 1., 2., or 3., 98.245 (7m) (c) 1., 2., or 3., or 98.255 (2) of the statutes, as created by this act, as emergency rules under section 227.24 of the statutes. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, emergency rules promulgated under this subsection remain in effect until January 1, 2011, or the date on which permanent rules take effect, whichever is sooner. Notwithstanding section 227.24 (1) (a) and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.
(2) VEHICLE TANK METER LICENSE SURCHARGE. Notwithstanding section 98.224 (2) (c) 2. of the statutes, as created by this act, the department of agriculture, trade and consumer protection may not collect a surcharge from an applicant who has operated a vehicle tank meter without a license unless the unlicensed operation occurred after the effective date of this subsection.
(End)
LRB-0453LRB-0453/P2
PJH:jld:rs
2009 - 2010 LEGISLATURE
DOA:......Wavrunek, BB0120 - Funding for district attorney positions
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
courts and procedure
District attorneys
This bill requires the Office of Justice Assistance (OJA) to fund 1.0 assistant district attorney position in St. Croix County and 0.25 assistant district attorney position in Chippewa County. The bill also requires DOJ to fund 1.0 assistant district attorney position to prosecute drug crimes in St. Croix County.
Additionally, the bill requires DOA to allocate funds from OJA and DOJ appropriations to fund 2.0 assistant district attorney positions in Milwaukee County and 0.75 assistant district attorney position in Dane County to prosecute drug crimes.
For further information see the state and local 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 9113. Nonstatutory provisions; District Attorneys.
(1) DISTRICT ATTORNEY POSITION; ST. CROIX COUNTY. From the appropriation account under section 20.505 (6) (p) of the statutes, the office of justice assistance in the department of administration shall expend $82,700 in fiscal year 2009-10 and $84,400 in fiscal year 2010-11 to fund 1.0 assistant district attorney position in St. Croix County.
(2) DISTRICT ATTORNEY POSITION; CHIPPEWA COUNTY. From the appropriation account under section 20.505 (6) (p) of the statutes, the office of justice assistance in the department of administration shall expend $24,750 in fiscal year 2009-10 and $25,400 in fiscal year 2010-11 to fund 0.25 assistant district attorney position in Chippewa County.
(3) PROSECUTION OF DRUG CRIMES; ST. CROIX COUNTY. From the appropriation account under section 20.455 (2) (kp) of the statutes, as affected by this act, the department of justice shall expend $103,000 in fiscal year 2009-10 and $106,000 in fiscal year 2010-11 to fund 1.0 assistant district attorney position in St. Croix County to prosecute criminal violations of chapter 961 of the statutes.
(4) PROSECUTION OF DRUG CRIMES; MILWAUKEE COUNTY. From the appropriation account under section 20.455 (2) (kp) of the statutes, as affected by this act, the department of justice, and from the appropriation account under section 20.505 (6) (p) of the statutes, the office of justice assistance in the department of administration, shall expend $153,250 in fiscal year 2009-10 and $158,250 in fiscal year 2010-11 to fund 2.0 assistant district attorney positions in Milwaukee County to prosecute criminal violations of chapter 961 of the statutes. The department of administration shall determine the amounts to be expended from each appropriation account for each fiscal year.
(5) PROSECUTION OF DRUG CRIMES; DANE COUNTY. From the appropriation account under section 20.455 (2) (kp) of the statutes, as affected by this act, the department of justice, and from the appropriation account under section 20.505 (6) (p) of the statutes, the office of justice assistance in the department of administration, shall expend $85,000 in fiscal year 2009-10 and $87,500 in fiscal year 2010-11 to fund 0.75 assistant district attorney position in Dane County to prosecute criminal violations of chapter 961 of the statutes. The department of administration shall determine the amounts to be expended from each appropriation account for each fiscal year.
(End)
LRB-0457LRB-0457/1
RCT:kjf:ph
2009 - 2010 LEGISLATURE
DOA:......Miner, BB0143 - Seed license program revisions
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Agriculture
This bill makes several changes in the laws related to agricultural and vegetable seed.
Currently, the statutes include detailed requirements for the labeling of agricultural and vegetable seed, including information about the presence of noxious weed seeds in excess of stated amounts. The statutes prohibit the sale of seed with more than specified amounts of certain noxious weed seeds. The statutes list certain weeds as noxious weeds, but also authorize DATCP to add or remove types of weeds from the list of noxious weeds.
This bill repeals the statutory requirements for labeling agricultural and vegetable seed, the prohibitions on the sale of seed containing more than specified amounts of certain noxious weed seeds, and the list of noxious weeds. The bill requires DATCP to promulgate rules on the subjects of seed labeling, the amount of noxious weed seeds in agricultural and vegetable seed, and the designation of weeds as noxious weeds.
Current law requires persons who are required to label agricultural or vegetable seed (such as growers or distributors) to obtain a seed labeler's license from DATCP and specifies license fees that are based on gross sales of agricultural and vegetable seed. This bill lowers the fees for seed labeler's licenses for some persons with annual gross sales of less than $100,000 and increases the fees for persons with higher annual gross sales. The bill also authorizes DATCP to change the fees by rule.
Current law prohibits the sale of certain seed unless the seed is certified by an official seed certifying agency. Under current law, the Wisconsin Crop Improvement Association, a nonprofit organization, is the official seed certifying agency for this state. Under this bill, the Wisconsin Crop Improvement Association is also the agency for certifying that mulch, hay, and straw is weed free.
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. 20.115 (7) (gm) of the statutes is amended to read:
20.115 (7) (gm) Seed testing and labeling. All moneys received from fees under ss. 94.43 (3) and (4) and 94.45 (3) (1) (c) for seed testing and labeling activities.
SECTION 2. 94.38 (3) of the statutes is repealed.
SECTION 3. 94.38 (4) of the statutes is repealed.
SECTION 4. 94.38 (4m) of the statutes is repealed.
SECTION 5. 94.38 (5) of the statutes is repealed.
SECTION 6. 94.38 (6) of the statutes is repealed.
SECTION 7. 94.38 (8) of the statutes is amended to read:
94.38 (8) "Labeler" means any person who as grower, processor, jobber, distributor or seller labels seed or accepts responsibility for labeling information pertaining to any container or lot of agricultural seed or vegetable seed and whose name and address is are required by the department by rule to appear on the label under s. 94.39.
SECTION 8. 94.38 (9) of the statutes is repealed.
SECTION 9. 94.38 (12) of the statutes is repealed.
SECTION 10. 94.38 (13) of the statutes is repealed.
SECTION 11. 94.38 (15) of the statutes is repealed.
SECTION 12. 94.38 (19) of the statutes is repealed.
SECTION 13. 94.38 (20) of the statutes is repealed.
SECTION 14. 94.38 (21) of the statutes is repealed.
SECTION 15. 94.38 (22) of the statutes is repealed.
SECTION 16. 94.38 (23) of the statutes is repealed.
SECTION 17. 94.38 (24) of the statutes is repealed.
SECTION 18. 94.385 of the statutes is amended to read:
94.385 Seed label locations requirements. (1) Each No person may sell, distribute, or offer or expose for sale in this state a container of agricultural seed or vegetable seed which is sold, distributed or offered or exposed for sale within this state for seeding or sprouting purposes shall bear or have unless the container bears or has attached to it in a conspicuous place a label containing the information specified in s. 94.39 required by the department by rule.
(2) Except as provided under s. 94.43 (2), each no person may sell in this state a bulk lot of agricultural or vegetable seed sold within this state for seeding or sprouting purposes shall include unless the person includes with the invoice or shipping document furnished the purchaser at time of delivery a label containing the information specified in s. 94.39 required by the department by rule.
SECTION 19. 94.39 of the statutes is repealed.
SECTION 20. 94.40 (1) of the statutes is repealed.
SECTION 21. 94.40 (2) of the statutes is amended to read:
94.40 (2) The Wisconsin Crop Improvement Association, a nonprofit organization incorporated under the laws of this state, in cooperation with the University of Wisconsin-Madison College of Agricultural and Life Sciences and the department, shall be the seed certifying agency for the certification of agricultural seed and vegetable seed in the state.
SECTION 22. 94.40 (3) of the statutes is amended to read:
94.40 (3) The Wisconsin Crop Improvement Association, in cooperation with the University of Wisconsin-Madison College of Agricultural and Life Sciences and the department, shall establish standards and procedures for the certification of agricultural seed and vegetable seed, subject to approval of the department. Standards and procedures established under this subsection shall comply with rules promulgated by the department and be no less stringent than those prescribed by the association of official seed certifying agencies Association of Official Seed Certifying Agencies.
SECTION 23. 94.40 (4) of the statutes is created to read:
94.40 (4) The Wisconsin Crop Improvement Association, in cooperation with the University of Wisconsin-Madison College of Agricultural and Life Sciences and the department, shall be the certifying agency for the certification of weed free mulch, hay, and straw, and shall base its certifications on the standards of the North American Weed Management Association.
SECTION 24. 94.41 (1) (a) of the statutes is amended to read:
94.41 (1) (a) Unless the test to determine the percentage of germination required under s. 94.39 by the department by rule is completed within a 12-month period immediately prior to the date it end of the month in which the seed is sold, distributed or offered or exposed for sale, as shown by records, exclusive of the calendar month in which the test is completed, except that seeds seed packaged in hermetically sealed containers may be sold, distributed or offered or exposed for sale under such any conditions as that the department may prescribe prescribes by rule, for a period of 36 months following the end of the month in which the seeds are seed is tested. No seeds seed in hermetically sealed containers shall may be sold, distributed or offered or exposed for sale beyond such that 36-month period unless it is retested within the preceding 9-month period, exclusive of the calendar month in which the retest is completed. Seed, for which the germination test date has expired, shall be relabeled by a licensed labeler prior to its being sold, distributed or offered or exposed for sale immediately prior to the end of the month in which it is sold, distributed, or offered or exposed for sale and the retested seed is labeled with the extended expiration date.
SECTION 25. 94.41 (1) (b) of the statutes is amended to read:
94.41 (1) (b) Not labeled in accordance with s. 94.39 rules promulgated by the department, or containing any labeling statements which modify or deny label information required under s. 94.39 rules promulgated by the department, or having any other false or misleading labeling.
SECTION 26. 94.41 (1) (e) of the statutes is repealed.
SECTION 27. 94.41 (1) (f) of the statutes is repealed.
SECTION 28. 94.41 (1) (g) of the statutes is repealed.
SECTION 29. 94.41 (2) (a) of the statutes is amended to read:
94.41 (2) (a) To detach, alter, deface or destroy any label attached to or accompanying seed, or to alter or substitute seed in a manner which would defeat the purposes of s. 94.39 the rules of the department relating to the labeling of seed or result in the sale or distribution of seed in violation of ss. 94.38 to 94.46 or rules thereunder promulgated under those sections.
SECTION 30. 94.41 (2) (e) of the statutes is amended to read:
94.41 (2) (e) To use the word "trace" as a substitute for any labeling required under s. 94.39 rules of the department relating to the composition of seeds or seed mixtures.
SECTION 31. 94.43 (1) of the statutes is amended to read:
94.43 (1) Every person whose name and address are required to appear on the label of any seed as the labeler or person responsible for the labeling thereof of the seed under s. 94.39, or the rules of the department relating to the labeling of seed, and every person who opens any bag or container of seed and sells any part of the seed contained therein, shall obtain a seed labeler's license from the department before selling, distributing or offering or exposing, such the seed for sale in this state.
SECTION 32. 94.43 (3) (intro.) of the statutes is amended to read:
94.43 (3) (intro.) Application for a seed labeler's license shall be submitted on a form prescribed by the department and shall be accompanied by a fee based on the gross sales of seed within the state by the applicant under his or her own label during the previous 12 months prior to filing the application. Fees for a labeler's license shall be computed on gross sales according to the following schedule, except that the department may specify different fees by rule:
SECTION 33. 94.43 (3) (b) of the statutes is amended to read:
94.43 (3) (b) For gross sales that are $10,000 or more but less than $25,000 $50,000: $50.
