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SECTION 43. 94.45 (6) of the statutes is repealed and recreated to read: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.
(End)
LRB-0463LRB-0463/P2
TKK:cjs:md
2009 - 2010 LEGISLATURE
DOA:......Miner, BB0142 - Animal health program changes
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, DATCP charges a fee to persons seeking to be licensed by DATCP to operate an animal market or to operate as an animal dealer or animal trucker. The amount of the fees to be charged for these licenses are specified in the statutes, but DATCP is authorized to specify a different fee by rule. DATCP also charges a fee to persons registered to operate a fish farm or to keep farm-raised deer. The department is authorized to specify the amount of these registration fees by rule.
This bill eliminates the statutory license fees for animal markets, animal dealers, and animal truckers and instead requires DATCP to specify the amount of these license fees by rule. The bill also authorizes DATCP to charge a reinspection fee if DATCP conducts a reinspection of a fish farm, an animal market, an animal dealer operation, an animal trucker operation, or the premises at which farm-raised deer are kept because the department has found that the premises, facility, or operation violates state law or administrative rules.
Under current law, DATCP must inspect each fish farm when it is first registered with DATCP, and may inspect any fish farm at any other time. This bill eliminates the requirement that DATCP inspect each fish farm when it is first registered with DATCP.
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. 95.55 (2) of the statutes is amended to read:
95.55 (2) APPLICATION. A person shall register under this section using a form provided by the department. The form shall be accompanied by the fee applicable fees specified under sub. (3). Upon registration, the department shall issue the person a registration certificate.
SECTION 2. 95.55 (3) (title) of the statutes is repealed and recreated to read:
95.55 (3) (title) REGISTRATION FEE; REINSPECTION FEE.
SECTION 3. 95.55 (3) of the statutes is renumbered 95.55 (3) (a).
SECTION 4. 95.55 (3) (b) of the statutes is created to read:
95.55 (3) (b) 1. If the department reinspects the premises where farm-raised deer are kept because the department has found a violation of this chapter or rules promulgated under this chapter, the department shall charge the person registered under this section the reinspection fee specified under subd. 2.
2. The department shall specify the reinspection fee to be charged under subd. 1. by rule. The reinspection fee may not exceed the reasonable costs to reinspect the premises. The department may specify different reinspection fees for different premises.
3. A reinspection fee under this paragraph is payable when the reinspection is completed, and is due upon written demand from the department. The department may issue a demand for payment when it issues a registration renewal application form to the person registered to keep farm-raised deer under this section.
