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SECTION 3. 93.20 (3) of the statutes is repealed.
SECTION 4. 93.20 (4) of the statutes is repealed.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.
SECTION 5. 95.60 (4) (a) of the statutes is amended to read:
95.60 (4) (a) The department shall may inspect a fish farm upon initial registration under sub. (3m). The department may inspect a fish farm and at any other time.
SECTION 6. 95.60 (5) of the statutes is amended to read:
95.60 (5) The department shall, by rule, specify the fees for permits, certificates, registration and inspections under this section, including any reinspection fees required under sub. (5m).
SECTION 7. 95.60 (5m) of the statutes is created to read:
95.60 (5m) (a) If the department reinspects a fish farm because the department has found a violation of this chapter or rules promulgated under this chapter, the department shall charge the fish farm operator the reinspection fee specified under par. (b).
(b) The department shall specify the reinspection fee to be charged under par. (a) by rule. The reinspection fee may not exceed the reasonable costs to reinspect the fish farm. The department may specify different reinspection fees for different fish farms.
(c) A reinspection fee under this subsection 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 fish farm operator.
SECTION 8. 95.68 (4) of the statutes is repealed and recreated to read:
95.68 (4) LICENSE FEE; REINSPECTION FEE. (a) The department shall, by rule, specify the fee for an animal market license issued under this section.
(b) 1. If the department reinspects an animal market because the department has found a violation of this chapter or rules promulgated under this chapter, the department shall charge the animal market operator 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 animal market. The department may specify different reinspection fees for different animal markets.
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 license renewal application form to the animal market operator.
SECTION 9. 95.68 (8) of the statutes is amended to read:
95.68 (8) RULES. The department may promulgate rules to specify license fees under sub. (4) or to regulate the operation of animal markets, including rules related to market operator qualifications, market construction and maintenance, construction and maintenance of animal transport vehicles, identification of animal transport vehicles, disease sanitation, humane treatment of animals, identification of animals, record keeping, reports to the department and compliance with applicable financial security requirements under state or federal law.
SECTION 10. 95.69 (4) (title) of the statutes is repealed and recreated to read:
95.69 (4) (title) LICENSE FEE; REINSPECTION FEE.
SECTION 11. 95.69 (4) of the statutes is renumbered 95.69 (4) (a) and amended to read:
95.69 (4) (a) Unless the The department specifies a different fee shall, by rule, specify the fee for an animal dealer license is $75 issued under this section.
SECTION 12. 95.69 (4) (b) of the statutes is created to read:
95.69 (4) (b) 1. If the department reinspects an animal dealer operation because the department has found a violation of this chapter or rules promulgated under this chapter, the department shall charge the animal dealer 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 animal dealer operation. The department may specify different reinspection fees for different animal dealer operations.
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 license renewal application form to the animal dealer.
SECTION 13. 95.69 (8) of the statutes is amended to read:
95.69 (8) RULES. The department may promulgate rules to specify license fees under sub. (4) or to regulate animal dealers, including rules related to animal dealer qualifications, construction and maintenance of animal transport vehicles, identification of animal transport vehicles, disease sanitation, humane treatment of animals, identification of animals, record keeping, reports to the department and compliance with applicable financial security requirements under state or federal law.
SECTION 14. 95.71 (5) of the statutes is amended to read:
95.71 (5) FEES LICENSE FEE; REGISTRATION FEE; REINSPECTION FEE. (a) Unless the The department specifies different fees shall, by rule, an applicant for an animal trucker license shall pay a specify the fee in an amount equal to $20 plus $5 for each animal transport vehicle registered with the applicant's for an animal trucker license application under sub. (3) issued under this section.
(b) The department shall, by rule, specify the fee to be paid for each animal transport vehicle registered under sub. (4). If during any license year an animal trucker registers an animal transport vehicle that was not registered with the animal trucker's annual license application under sub. (3), the animal trucker shall, pay the fee required under this paragraph at the time of the additional registration, pay a registration fee of $5 for each animal transport vehicle registered.
SECTION 15. 95.71 (5) (c) of the statutes is created to read:
95.71 (5) (c) 1. If the department reinspects an animal trucker operation because the department has found a violation of this chapter or rules promulgated under this chapter, the department shall charge the animal trucker 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 animal trucker operation. The department may specify different reinspection fees for different animal trucker operations.
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 license renewal application form to the animal trucker.
SECTION 16. 95.71 (8) of the statutes is amended to read:
95.71 (8) RULES. The department may promulgate rules to specify license fees under sub. (5) or to regulate animal truckers, including rules related to animal trucker qualifications, construction and maintenance of animal transport vehicles, identification of animal transport vehicles, disease sanitation, humane treatment of animals, identification of animals, record keeping, reports to the department and compliance with applicable financial security requirements under state or federal law.
(End)
LRB-0466LRB-0466/2
RCT:jld:jf
2009 - 2010 LEGISLATURE
DOA:......Miner, BB0167 - Soil and water resource management bonding
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 administers the Soil and Water Resource Management Program. The program provides grants for land and water resource management projects and for the construction of animal waste management systems. This bill increases the general obligation bonding authority for the Soil and Water Resource Management Program by $7,000,000.
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 1. 20.866 (2) (we) of the statutes is amended to read:
20.866 (2) (we) Agriculture; soil and water. From the capital improvement fund, a sum sufficient for the department of agriculture, trade and consumer protection to provide for soil and water resource management under s. 92.14. The state may contract public debt in an amount not to exceed $33,075,000 $40,075,000 for this purpose.
(End)
LRB-0467LRB-0467/1
PG:wlj:ph
2009 - 2010 LEGISLATURE
DOA:......Rhodes, BB0165 - Increase cap on capital projects
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
