Amendment ASA-AB150

AB150-ASA, s. 3549p Section 3549p. 92.103 (2) of the statutes is amended to read:

AB150-ASA,1224,11 92.103 (2) This section does not apply after June 30, 1995 1997.

AB150-ASA, s. 3550 Section 3550. 92.14 (4r) of the statutes is amended to read:

AB150-ASA,1224,16 92.14 (4r) Requesting transfer of funds. The department shall submit a request to the joint committee on finance for the transfer of funds from the appropriation under s. 20.370 (4) (cq) (6) (aq) to the appropriation under s. 20.115 (7) (qd) if necessary to provide grants under sub. (4) (c).

AB150-ASA, s. 3551 Section 3551. 92.14 (5) (b) of the statutes is amended to read:

AB150-ASA,1224,21 92.14 (5) (b) The department, with the approval of the board, may request the department of natural resources to transfer funds from the appropriation account under s. 20.370 (4) (cc) or (cq) (6) (aa) or (aq) to the appropriation account under s. 20.115 (7) (km) if the funds are needed to pay grants under par. (a).

AB150-ASA, s. 3552m Section 3552m. 93.02 of the statutes is amended to read:

AB150-ASA,1225,2 93.02 Staff. The secretary shall appoint all staff necessary for the carrying out of the duties of the department, all of whom shall be under the classified service except the deputy secretary, the executive assistant and, subject to s. 230.08 (4) (a), the administrators of divisions. Each such deputy secretary , executive assistant or administrator shall be appointed by the secretary with the approval of the board.

AB150-ASA, s. 3554 Section 3554. 93.07 (10) (a) of the statutes is renumbered 93.07 (10) and amended to read:

AB150-ASA,1225,13 93.07 (10) Animal health; quarantine. To protect the health of domestic animals of the state; to determine and employ the most efficient and practical means for the prevention, suppression, control and eradication of communicable diseases among domestic animals, and for these purposes it may establish, maintain, enforce and regulate such quarantine and such other measures relating to the importation, movement and care of animals and their products, the disinfection of suspected localities and articles, and the disposition of animals, as the department may deem necessary. The definition of "communicable disease" in s. 990.01 (5g) does not apply to this paragraph subsection.

AB150-ASA, s. 3555 Section 3555. 93.07 (10) (b) of the statutes is repealed.

AB150-ASA, s. 3556 Section 3556. 93.07 (22) of the statutes is repealed.

AB150-ASA, s. 3559 Section 3559. 93.31 of the statutes is amended to read:

AB150-ASA,1226,10 93.31 Livestock breeders association. The secretary of the Wisconsin livestock breeders association shall on and after July 1 of each year make a report to the department, signed by the president, treasurer and secretary of the association, setting forth in detail the receipts and disbursements of the association for the preceding fiscal year in such form and detail together with such other information as the department may require. On receipt of such reports, if the department is satisfied that the business of the association has been efficiently conducted during the preceding fiscal year and in the interest of and for the promotion of the special agricultural interests of the state and for the purpose for which the association was organized and if the final statement shows that all the receipts together with the state aid have been accounted for and disbursed for the proper and necessary purposes of the association, and in accordance with the laws of the state, then the department shall file a certificate with the department secretary of administration and it shall draw its warrant and the state treasurer he or she shall pay to the treasurer of the association the amount of the appropriations made available for the association by s. 20.115 (4) (a) and (h) for the conduct of junior livestock shows and other livestock educational programs. The association may upon application to the state purchasing agent, upon such terms as he or she may require, obtain printing for the association under the state contract.

AB150-ASA, s. 3560 Section 3560. 93.40 (3) (b) of the statutes is amended to read:

AB150-ASA,1226,15 93.40 (3) (b) Establish, manage and operate permanent or temporary dairy promotion centers to be operated by the department in cooperation with the department of development tourism tourist information centers along major highways into the state.

AB150-ASA, s. 3561 Section 3561. 93.41 (2m) of the statutes is repealed.

AB150-ASA, s. 3562 Section 3562. 93.41 (3) of the statutes is repealed.

AB150-ASA, s. 3566 Section 3566. 93.42 (2) of the statutes is repealed.

AB150-ASA, s. 3566e Section 3566e. 93.42 (3) of the statutes is created to read:

AB150-ASA,1226,25 93.42 (3) No later than the first day of the 7th month beginning after the effective date of this subsection .... [revisor inserts date], the department and the department of development shall enter into a memorandum of understanding that includes a strategic plan for international agribusiness marketing and development and that specifies how the departments will coordinate their promotional efforts relating to agricultural and agribusiness products.

AB150-ASA, s. 3567 Section 3567. 93.47 (2) of the statutes is amended to read:

AB150-ASA,1227,6 93.47 (2) The department may award grants from the appropriation appropriations under s. 20.115 (7) (k) (c) and (qd) to individuals or organizations to fund demonstration projects designed to encourage the use of sustainable agriculture. The department shall promulgate rules to govern the sustainable agriculture grant program under this section.

AB150-ASA, s. 3568 Section 3568. 93.60 of the statutes is amended to read:

AB150-ASA,1227,19 93.60 Computer system equipment, staff and services transfers. The department may transfer to the appropriation account under s. 20.115 (8) (k) in each fiscal year an amount from the appropriations appropriation accounts under s. 20.115 (1) (g), (gb), (gh), (gm), (hm), (j), (jm), (m), (r) and (s), (2) (g), (ha), (j), (k) and (m), (3) (g), (h), (i), (j), (ja), (L) and (m), (7) (g), (ga), (gm), (ig), (k) and (m) and (8) (ga), (gm), (h), (ha), (i), (j), (kp), (ks), (m) and (pz) and (9) (m). The total amount that the department transfers in each fiscal year from these appropriations appropriation accounts to the appropriation account under s. 20.115 (8) (k) may not exceed the amount specified in the schedule under s. 20.115 (8) (k) for each fiscal year. The amounts transferred from each appropriation account shall be based on the actual costs incurred by the department for computer system equipment, staff and services provided for the purpose of that appropriation account.

AB150-ASA, s. 3569 Section 3569 . 93.60 of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

AB150-ASA,1228,8 93.60 Computer system equipment, staff and services transfers. The department may transfer to the appropriation account under s. 20.115 (8) (k) in each fiscal year an amount from the appropriation accounts under s. 20.115 (1) (g), (gb), (gh), (gm), (hm), (j), (jm), (m), (r) and (s), (2) (g), (ha), (j), (k) and (m), (3) (g), (h), (i), (ja), (L) and (m), (7) (g), (ga), (gm), (ig), (k) and (m) and (8) (ga), (gm), (h), (ha), (i), (j), (kp), (ks), (m) and (pz) and (9) (m). The total amount that the department transfers in each fiscal year from these appropriation accounts to the appropriation account under s. 20.115 (8) (k) may not exceed the amount specified in the schedule under s. 20.115 (8) (k) for each fiscal year. The amounts transferred from each appropriation account shall be based on the actual costs incurred by the department for computer system equipment, staff and services provided for the purpose of that appropriation account.

AB150-ASA, s. 3569p Section 3569p. 94.10 (3) (a) of the statutes is amended to read:

AB150-ASA,1228,23 94.10 (3) (a) No person may engage as a nurseryman in this state without a license from the department. Such license expires on March 31 of each year. Applications for license shall be submitted on a form prescribed by the department, and shall be accompanied by payment of the required fee. The fee for nurserymen whose gross annual sales of nursery stock do not exceed $500 $5,000 is $10. The fee for nurserymen whose gross annual sales exceed $500 shall be $5,000 is based on total acreage and is as follows: $35 for less than 10 acres; and $35 for 10 acres or more with an additional acreage fee of $25 for each 25 acres or fraction thereof for all acreage in excess of 10. Nurserymen selling nursery stock from a supply on hand at other than a nursery location shall pay an additional fee of $25 for each such place of business. Each nurseryman shall buy, sell and distribute only nursery stock from officially inspected sources. Upon request of the department, the nurseryman shall furnish a list of all sources from which the nursery stock is secured and all locations where such stock is sold. No license is transferable.

AB150-ASA, s. 3569q Section 3569q. 94.10 (3) (b) 1. a. to c. of the statutes are amended to read:

AB150-ASA,1229,2 94.10 (3) (b) 1. a. If the applicant's gross annual sales of nursery stock are not more than $500 $5,000, $20.

AB150-ASA,1229,4 b. If the applicant's gross annual sales of nursery stock are more than $500 $5,000 and the applicant's nursery is less than 10 acres, $90.

AB150-ASA,1229,7 c. If the applicant's gross annual sales of nursery stock are more than $500 $5,000 and the applicant's nursery is 10 acres or more, the sum of $90 plus $10 for each 25 acres or fraction of 25 acres in excess of 10.

AB150-ASA, s. 3570 Section 3570. 94.29 of the statutes is amended to read:

AB150-ASA,1229,25 94.29 Appeal. If either party is not satisfied with the award the party may, within 10 days after the delivery of the copy thereof to him or her, serve upon either of the arbitrators notice of appeal from their award to the circuit court of the county in which the lands or any part thereof are situated and pay to the arbitrators the whole amount of their fees plus the fee prescribed in s. 814.61 (8) (a) 1. or (am) 1.; and if the party required to pay the damages gives notice of an appeal therefrom he or she shall file with the notice of appeal an undertaking, signed by 2 or more sureties, to be approved by at least 2 of the arbitrators, in double the amount of the award, conditioned to pay any judgment that may be rendered against the party upon appeal. Upon filing the notice of appeal and undertaking, when required, the arbitrators, or 2 of them, shall, within 10 days, make and sign a full statement of the proceedings had by them and of their award and file the same with the clerk of circuit court and pay the fee prescribed in s. 814.61 (8) (a) 1. or (am) 1.; and thereupon the clerk shall enter an action in which the claimant is the plaintiff, which shall be deemed then at issue, and proceedings shall be had thereon in like manner as in other civil actions in the court. Unless the appellant obtains a more favorable judgment upon appeal, he or she shall pay costs; otherwise, the respondent.

AB150-ASA, s. 3572 Section 3572. 94.704 (3) (a) of the statutes is amended to read:

AB150-ASA,1230,4 94.704 (3) (a) Except as provided under par. (b), a licensee under this section shall pay an annual license fee of $50 $60. The department shall deposit all license fees collected under this paragraph in the agrichemical management fund.

AB150-ASA, s. 3573 Section 3573. 94.705 (1) (title) of the statutes is amended to read:

AB150-ASA,1230,6 94.705 (1) (title) Certification requirements; fees.

AB150-ASA, s. 3574 Section 3574. 94.705 (1) (d) of the statutes is amended to read:

AB150-ASA,1230,19 94.705 (1) (d) Except as provided under sub. (4), no commercial applicator may be certified except upon satisfactory completion of a written examination. The examination shall be designed to test the applicant's competency in each category of pesticide use for which the applicant seeks certification. A commercial applicator applying for certification shall pay an examination fee of $10 for each examination in each certification category. If an applicant fails an examination in any certification category, the applicant shall pay a fee of $5 each time the examination is retaken. The department may not administer an examination under this paragraph unless the applicant has paid the required fee. Any person exempt from license fees under s. 94.704 (3) (b) is also exempt from examination fees under this paragraph. The department shall deposit the fees collected under this paragraph in the agrichemical management fund.

AB150-ASA, s. 3574q Section 3574q. 94.73 (7) (a) of the statutes is amended to read:

AB150-ASA,1231,3 94.73 (7) (a) Beginning on August 1, 1994, the department may, in accordance with this subsection, make payments to responsible persons who are eligible for reimbursement under sub. (3) and for whom the department has authorized reimbursement under sub. (6). The department shall make payments from the appropriations under s. 20.115 (7) (e) and (w), subject to the availability of funds in those appropriations. The department shall make payments from each appropriation in the proportion that the amount of funds available from that appropriation bears to the total amount of funds available from both appropriations.

AB150-ASA, s. 3574r Section 3574r. 94.73 (7) (e) of the statutes is amended to read:

AB150-ASA,1231,21 94.73 (7) (e) The department shall make payments under par. (b) when funds are available in the appropriations under s. 20.115 (7) (e) and (w). The department shall make all payments under pars. (c) and (d) on the last day of each fiscal year in which a responsible person is entitled to receive a payment, except that the department may make initial payments for applications granted after April 30 of any year on the last day of the following fiscal year. When, on the last day of a fiscal year, the amount of funds available in the appropriations under s. 20.115 (7) (e) and (w) exceeds the amount necessary to make all payments under pars. (b), (c) and (d), the department may make an additional payment to a responsible person who received a payment under par. (b) or may increase the amount of a payment to a responsible person under par. (b) or (c) over the $50,000 or $100,000 maximum authorized under those paragraphs if the responsible person is authorized under sub. (6) to receive additional reimbursement. After paying the full amount authorized under sub. (6) to all responsible persons under pars. (b) and (c), the department may increase the amount of a payment to a responsible person under par. (d) over the $50,000 maximum authorized under par. (d) if the responsible person is authorized under sub. (6) to receive additional reimbursement.

AB150-ASA, s. 3576 Section 3576. 95.179 of the statutes is repealed.

AB150-ASA, s. 3598 Section 3598. 97.21 (4) (c) of the statutes is amended to read:

AB150-ASA,1232,7 97.21 (4) (c) Surcharge for operating without a license. An applicant for a bulk milk tanker operator or milk distributor license shall pay a license fee surcharge of $100 or twice the amount of the annual license fee specified under sub. (4m), whichever is less if the department determines that, within one year prior to submitting the license application, the applicant operated without a license or grade A permit in violation of this subsection section. Payment of this license fee surcharge does not relieve the applicant of any other civil or criminal liability which results from a violation of sub. (2) or (3), but does not constitute evidence of any violation of law.

AB150-ASA, s. 3599 Section 3599. 97.30 (3) (c) of the statutes is amended to read:

AB150-ASA,1232,17 97.30 (3) (c) Surcharge for operating without a license. An applicant for a retail food establishment license shall pay a license fee surcharge of $100 or twice the amount of the annual license fee specified under sub. (3m) whichever is less, if the department determines that, within one year prior to submitting a license application, the applicant operated the retail food establishment without a license in violation of this subsection. Payment of this license fee surcharge does not relieve the applicant of any other civil or criminal liability which results from the unlicensed operation of the retail food establishment, but does not constitute evidence of a violation of any law.

AB150-ASA, s. 3600 Section 3600. 99.02 (3) (e) of the statutes is created to read:

AB150-ASA,1232,25 99.02 (3) (e) An applicant for a public warehouse keeper's license shall pay a license fee surcharge of $100 if the department determines that, within one year before submitting the license application, the applicant operated the public warehouse without a license in violation of sub. (1). Payment of this license fee surcharge does not relieve the applicant of any other civil or criminal liability that results from the unlicensed operation of the public warehouse, but does not constitute evidence of any other violation of law.

AB150-ASA, s. 3601c Section 3601c. 100.18 (11) (b) 1. of the statutes is repealed.

AB150-ASA, s. 3601g Section 3601g. 100.18 (11) (d) of the statutes is amended to read:

AB150-ASA,1233,13 100.18 (11) (d) The department or the department of justice, after consulting with the department, or any district attorney, upon informing the department of 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 section. The court may in its discretion, prior to entry of final judgment, 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, provided proof thereof is submitted to the satisfaction of the court. The department and the department of justice may subpoena persons, and require the production of books and other documents, and the department of justice may request the department to exercise its authority under par. (c) to aid in the investigation of alleged violations of this section.

AB150-ASA, s. 3601p Section 3601p. 100.182 (5) (a) of the statutes is amended to read:

AB150-ASA,1233,21 100.182 (5) (a) Any district attorney, after informing the department of justice, or the department of justice or the department of agriculture, trade and consumer protection may seek a temporary or permanent injunction in circuit court to restrain any violation of this section. Prior to entering a final judgment the court may award damages to any person suffering monetary loss because of a violation. The department of justice may subpoena any person or require the production of any document to aid in investigating alleged violations of this section.

AB150-ASA, s. 3601t Section 3601t. 100.182 (5) (b) of the statutes is amended to read:

AB150-ASA,1234,5 100.182 (5) (b) In lieu of instituting or continuing an action under this subsection, the department of agriculture, trade and consumer protection or the department of justice may accept a written assurance from a violator of this section that the violation has ceased. If the terms of the assurance so provide, its acceptance by either the department prevents the other department and all district attorneys from prosecuting the violation. An assurance is not evidence of a violation of this section but violation of an assurance is subject to the penalties and remedies of violating this section.

AB150-ASA, s. 3602 Section 3602. 100.201 (6) of the statutes is repealed and recreated to read:

AB150-ASA,1234,9 100.201 (6) Fee on dairy products. (a) 1. Except as provided in subd. 2., a manufacturer or processor of selected dairy products shall pay a fee under par. (c) on its sales of those selected dairy products to which all of the following apply:

AB150-ASA,1234,10 a. The sales are at wholesale or retail.

AB150-ASA,1234,11 b. The sales are made to persons in this state.

AB150-ASA,1234,12 c. The selected dairy products are packaged for sale to consumers.

AB150-ASA,1234,15 2. Subdivision 1. does not apply to the operator of a retail food establishment licensed under s. 97.30 who manufactures or processes selected dairy products at that establishment solely for retail sale at that establishment.

AB150-ASA,1234,19 (b) The first person in this state to receive selected dairy products that are manufactured or processed outside of this state and that are packaged for sale to consumers shall pay a fee under par. (c) on sales of those selected dairy products to persons in this state.

AB150-ASA,1234,24 (c) The fee under this subsection is 5.49 cents per hundred pounds of ice cream products and 0.44 cent per hundred pounds of other dairy products or such other amount as specified by the department by rule. The fee shall be paid to the department by the 25th day of each month for sales made during the preceding month.

AB150-ASA,1235,4 (d) The failure to pay fees under this subsection within the time provided under par. (c) is a violation of this section. The department may also commence an action to recover the amount of any overdue fees plus interest at the rate of 2% per month for each month that the fees are delinquent.

AB150-ASA,1235,7 (e) The department shall keep confidential information obtained under this subsection concerning the amount of dairy products sold by specific manufacturers and processors.

AB150-ASA, s. 3602b Section 3602b. 100.205 (7) of the statutes is amended to read:

AB150-ASA,1235,16 100.205 (7) The department of justice, or any district attorney on informing the department of 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 section. The court may, before entry of final judgment and after satisfactory proof, make orders or judgments necessary to restore to any person any pecuniary loss suffered because of a violation of this section. The department of justice may conduct hearings, administer oaths, issue subpoenas and take testimony to aid in its investigation of violations of this section.

AB150-ASA, s. 3602f Section 3602f. 100.205 (8) of the statutes is amended to read:

AB150-ASA,1235,20 100.205 (8) The department of justice or any district attorney may commence an action in the name of the state to recover a forfeiture to the state of not more than $10,000 for each violation of this section.

AB150-ASA, s. 3602k Section 3602k. 100.207 (6) (b) 1. of the statutes is amended to read:

AB150-ASA,1236,8 100.207 (6) (b) 1. The department of justice, on its own initiative or at the request of after consulting with the department of agriculture, trade and consumer protection, or any district attorney upon informing the department of justice agriculture, trade and consumer protection, may commence an action in circuit court in the name of the state to restrain by temporary or permanent injunction any violation of this section. Injunctive relief may include an order directing telecommunications providers, as defined in s. 196.01 (8p), to discontinue telecommunications service provided to a person violating this section or ch. 196. 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.

AB150-ASA, s. 3602p Section 3602p. 100.207 (6) (b) 2. of the statutes is amended to read:

AB150-ASA,1236,16 100.207 (6) (b) 2. The department of agriculture, trade and consumer protection may exercise its authority under ss. 93.14 to 93.16 and 100.18 (11) (c) to administer this section. The department and the department of justice may subpoena persons, and require the production of books and other documents, and the department of justice may request the department of agriculture, trade and consumer protection to exercise its authority to aid in the investigation of alleged violations of this section.

AB150-ASA, s. 3602s Section 3602s. 100.207 (6) (c) of the statutes is amended to read:

AB150-ASA,1236,23 100.207 (6) (c) Any person who violates subs. (2) to (4) shall be required to forfeit not less than $25 nor more than $5,000 for each offense. Forfeitures under this paragraph shall be enforced by the department of justice, on its own initiative or at the request of after consulting with the department of agriculture, trade and consumer protection, or, upon informing the department of justice, by the district attorney of the county where the violation occurs.

AB150-ASA, s. 3602w Section 3602w. 100.207 (6) (e) of the statutes is amended to read:

AB150-ASA,1237,3 100.207 (6) (e) The Subject to par. (em), the department of agriculture, trade and consumer protection, in consultation with the department of justice, shall promulgate rules under this section.

AB150-ASA, s. 3602x Section 3602x. 100.207 (6) (em) of the statutes is created to read:

AB150-ASA,1237,9 100.207 (6) (em) 1. Before preparing any proposed rule under this section, the department shall form an advisory group to suggest recommendations regarding the content and scope of the proposed rule. The advisory group shall consist of one or more persons who may be affected by the proposed rule, a representative from the department of justice and a representative from the public service commission.

AB150-ASA,1237,12 2. The department shall submit the recommendations under subd. 1., if any, to the legislature as part of the report required under s. 227.19 (2) and to the board of agriculture, trade and consumer protection.

AB150-ASA, s. 3602y Section 3602y. 100.21 (3) (a) of the statutes is amended to read:

AB150-ASA,1237,19 100.21 (3) (a) Any person making an energy savings or safety claim shall, upon written request by the department, submit information upon which the person relied to substantiate the claim. The department of justice may request the department to issue a written request under this paragraph for information to substantiate an energy savings or safety claim. Failure to submit information requested under this subsection is a violation of sub. (2) (a).

AB150-ASA, s. 3607m Section 3607m. 100.26 (6) of the statutes is amended to read:

AB150-ASA,1238,3 100.26 (6) The department, the department of justice, after consulting with the department, or any district attorney may commence an action in the name of the state to recover a civil forfeiture to the state of not less than $100 nor more than $10,000 for each violation of an injunction issued under s. 100.18, 100.182 or 100.20 (6) or. The department of agriculture, trade and consumer protection or any district attorney may commence an action in the name of the state to recover a civil forfeiture to the state of not less than $100 nor more than $10,000 for each violation of an order issued under s. 100.20.

AB150-ASA, s. 3608 Section 3608. 100.263 of the statutes is created to read: