SECTION 26. 94.41 (1) (e) of the statutes is repealed.
SECTION 27. 94.41 (1) (f) of the statutes is repealed.
SECTION 28. 94.41 (1) (g) of the statutes is repealed.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.
SECTION 34. 94.43 (3) (c) of the statutes is amended to read:
94.43 (3) (c) For gross sales that are $25,000 $50,000 or more but less than $75,000 $100,000: $100.
SECTION 35. 94.43 (3) (d) of the statutes is amended to read:
94.43 (3) (d) For gross sales that are $75,000 $100,000 or more but less than $200,000: $150 $250,000: $300.
SECTION 36. 94.43 (3) (e) of the statutes is amended to read:
94.43 (3) (e) For gross sales that are $200,000 $250,000 or more: $200 but less than $500,000: $500.
SECTION 37. 94.43 (3) (f) of the statutes is created to read:
94.43 (3) (f) For gross sales that are $500,000 or more but less than $1,000,000: $750.
SECTION 38. 94.43 (3) (g) of the statutes is created to read:
94.43 (3) (g) For gross sales that are $1,000,000 or more but less than $10,000,000: $1,000.
SECTION 39. 94.43 (3) (h) of the statutes is created to read:
94.43 (3) (h) For gross sales that are $10,000,000 or more but less than $100,000,000: $1,500.
SECTION 40. 94.43 (3) (i) of the statutes is created to read:
94.43 (3) (i) For gross sales that are $100,000,000 or more: $2,500.
SECTION 41. 94.44 of the statutes is amended to read:
94.44 Records. Each person whose name is required to appear on the label as the labeler of agricultural or vegetable seeds pursuant to s. 94.39 under rules of the department shall maintain complete records of each lot of seed sold or labeled for a period of 2 years after final sale or disposition thereof of the seed, except that a file sample of such the seed need be kept for only one year. This and except that this section shall not be construed as requiring does not require a record of the sale or disposal of each portion of a lot sold at retail in quantities of less than 40 pounds. All records and samples pertaining to any lot of seed shall be accessible for inspection by the department during customary business hours.
SECTION 42. 94.45 (intro.) and (1) to (5) of the statutes are renumbered 94.45 (1) (intro.) and (a) to (e).
SECTION 43. 94.45 (6) of the statutes is repealed and recreated to read:
94.45 (6) The department shall promulgate rules that do all of the following:
(a) Prescribe standards for the labeling, distribution, and sale of agricultural seed and vegetable seed.
(b) Govern methods of sampling, inspecting, analyzing, testing, and examining agricultural seed and vegetable seed.
(c) Prescribe tolerances for purity and rate of germination of agricultural seed and vegetable seed.
(d) Prescribe tolerances for the occurrence of noxious weed seeds in agricultural seed and vegetable seed.
(e) Identify noxious weeds and prohibited noxious weeds.
(f) Govern the issuance of seed labeler licenses.
(g) Govern the administration and enforcement of ss. 94.38 to 94.46.
SECTION 9103. Nonstatutory provisions; Agriculture, Trade and Consumer Protection.
(1) AGRICULTURAL AND VEGETABLE SEED RULES. The department of agriculture, trade and consumer protection may use the procedure under section 227.24 of the statutes, to promulgate the rules required under section 94.45 (6) of the statutes, as affected by this act. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, emergency rules promulgated under this subsection remain in effect until the first day of the 24th month beginning after the effective date of this subsection, or the date on which permanent rules are promulgated, whichever is sooner. Notwithstanding section 227.24 (1) (a) and (3) of the statutes, the department is not required to determine that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.
SECTION 9403. Effective dates; Agriculture, Trade and Consumer Protection.
(1) AGRICULTURAL AND VEGETABLE SEEDS. The treatment of sections 94.38 (3), (4), (4m), (5), (6), (8), (9), (12), (13), (15), (19), (20), (21), (22), (23), and (24), 94.385, 94.39, 94.41 (1) (a), (b), (e), (f), and (g) and (2) (a) and (e), 94.43 (1), and 94.44 of the statutes takes effect on the first day of the 19th month beginning after publication.
(End)
LRB-0460LRB-0460/2
RCT:bjk:ph
2009 - 2010 LEGISLATURE
DOA:......Miner, BB0148 - DATCP technical changes
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 renumbers the appropriation to DATCP for gifts and grants for the Agricultural Education and Workforce Development Council. The bill also makes a technical correction related to the requirement for reporting pesticide sales for the year in which a person stops selling pesticides.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 20.115 (8) (ge) of the statutes is renumbered 20.115 (3) (ge).
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 2. 94.681 (6) (a) 2. of the statutes is amended to read:
94.681 (6) (a) 2. By March 31 of the year following the year in which the person stopped selling or distributing the pesticide product for use in this state, file a report with the department showing the gross revenue that the person derived from the sale of the pesticide product for use in this state from October 1 of the year before the year in which the person stopped selling or distributing the pesticide product to December 31 of the year in which the person stopped selling or distributing the pesticide product.
(End)
LRB-0461LRB-0461/P1
MDK:jld:jf
2009 - 2010 LEGISLATURE
DOA:......Rhodes, BB0151 - Elimination of certain medical school reports
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Education
Higher education
University of Wisconsin System
Under current law, the Medical College of Wisconsin (college) and the University of Wisconsin-Madison School of Medicine and Public Health (school) must submit biennial reports to the governor and JCF on specified topics, including the following: 1) Wisconsin resident enrollment numbers and percentages; 2) placement of graduates of doctor of medicine and residency training programs; and 3) financial summaries for the college and school. This bill eliminates the requirement for reports on the foregoing topics, but does not affect reporting on other topics required under current law.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 13.106 (1) (b) of the statutes is repealed.
SECTION 2. 13.106 (1) (e) of the statutes is repealed.
SECTION 3. 13.106 (2) of the statutes is repealed.
(End)
LRB-0462LRB-0462/P1
TKK:jld:rs
2009 - 2010 LEGISLATURE
DOA:......Miner, BB0141 - Enforcement cost recovery
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
agriculture
Under current law, a court may order a defendant in a court action brought by or on behalf of DATCP to reimburse DATCP for specific costs that DATCP reasonably incurs to enforce laws under its jurisdiction. These costs are identified under current law as: the costs of expert witnesses who are not employees of DATCP; the costs of depositions, transcripts, or photocopying; and any investigation, study, analysis, engineering report, test, or project that the court finds necessary for the preparation of the action.
This bill eliminates the itemized list of costs and provides that DATCP may be reimbursed for reasonable, documented enforcement costs incurred by DATCP to prepare and prosecute the action.
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 (8) (gm) of the statutes is amended to read:
20.115 (8) (gm) Enforcement cost recovery. The amounts in the schedule for the purpose of enforcement. Except as provided in s. 93.20 (4), all All moneys received by the department pursuant to a court order under s. 93.20 (2) as reimbursement of enforcement costs, or as part of a settlement agreement or deferred prosecution agreement that includes amounts for enforcement costs described in s. 93.20 (3), shall be credited to this appropriation.
SECTION 2. 93.20 (2) of the statutes is amended to read:
93.20 (2) ENFORCEMENT COSTS ORDER. If a court imposes costs under s. 814.04 or 973.06 against a defendant in an action, the court may order that defendant to pay to reimburse the department any of the for reasonable, documented enforcement costs specified under sub. (3) that incurred by the department has incurred to prepare and prosecute that action. The prosecutor shall present evidence of the enforcement costs and the defendant shall be given an opportunity to refute that evidence. If any cost that a court orders a defendant to pay under this section may also be recovered by the department under s. 814.04 or 973.06, the department may recover that cost only under this section, but that cost is not limited to the amounts specified in s. 814.04 or 973.06.
SECTION 3. 93.20 (3) of the statutes is repealed.
SECTION 4. 93.20 (4) of the statutes is repealed.
