Amendment ASA1-AB133

AB133-ASA1, s. 1924h Section 1924h. 92.14 (3) (g) of the statutes is created to read:

AB133-ASA1,984,11 92.14 (3) (g) Technical assistance, education and training, ordinance development or administration related to this chapter or s. 281.65.

AB133-ASA1, s. 1924m Section 1924m. 92.14 (3m) (title) of the statutes is repealed.

AB133-ASA1, s. 1924n Section 1924n. 92.14 (3m) of the statutes is renumbered 92.14 (3) (b), and 92.14 (3) (b) (intro.), as renumbered, is amended to read:

AB133-ASA1,984,19 92.14 (3) (b) (intro.) From the appropriation under s. 20.115 (7) (c) or (qd) or 20.866 (2) (we), the department shall award grants to counties or Grants to farmers for implementing best management practices required under a shoreland management ordinance enacted under s. 92.17, including reimbursement for all of the following:

AB133-ASA1, s. 1924q Section 1924q. 92.14 (4) (intro.) of the statutes is repealed.

AB133-ASA1, s. 1924s Section 1924s. 92.14 (4) (a) of the statutes is renumbered 92.14 (3) (c).

AB133-ASA1, s. 1925b Section 1925b. 92.14 (4) (b) of the statutes is renumbered 92.14 (3) (d).

AB133-ASA1, s. 1925e Section 1925e. 92.14 (4) (c) of the statutes is renumbered 92.14 (3) (e) and amended to read:

AB133-ASA1,985,10 92.14 (3) (e) Construction of a facility or system related to animal waste management by a farmer who has received a notice of discharge under ch. 283 or management practices required under a notice to a farmer under s. 281.20 (3). In awarding grants under this paragraph, the department shall give preference to farmers who have received a notice of discharge under s. 281.20 (3) or ch. 283. The amount of a grant for management practices required under a notice to a farmer under s. 281.20 (3) shall be based on the cost of the method of controlling nonpoint source pollution which that the department determines to be the most cost-effective and may not exceed 70% of the total cost of that method. The department may issue grants directly to farmers under this paragraph.

AB133-ASA1, s. 1925g Section 1925g. 92.14 (4m) of the statutes is repealed.

AB133-ASA1, s. 1925i Section 1925i. 92.14 (4r) of the statutes is repealed.

AB133-ASA1, s. 1925k Section 1925k. 92.14 (5) of the statutes is repealed.

AB133-ASA1, s. 1925m Section 1925m. 92.14 (5g) of the statutes is created to read:

AB133-ASA1,985,19 92.14 (5g) Matching funds. If a grant under sub. (3) provides funding for salary and fringe benefits for more than one county staff person, a county shall provide matching funds equal to 30% of the cost of salary and fringe benefits for the 2nd staff person and 50% of the cost of salary and fringe benefits for any additional staff persons for whom the grant provides funding.

AB133-ASA1, s. 1925p Section 1925p. 92.14 (5r) of the statutes is created to read:

AB133-ASA1,986,2 92.14 (5r) Annual grant request. Every land conservation committee shall prepare annually a grant request that describes the land and water resource staffing needs and activities to be undertaken or funded by the county under this chapter and ss. 281.65 and 281.66 and the funding needed for those purposes. The grant request shall be consistent with the county's plan under s. 92.10. The land conservation committee shall submit the grant request to the department.

AB133-ASA1, s. 1925r Section 1925r. 92.14 (6) (a) of the statutes is repealed.

AB133-ASA1, s. 1925t Section 1925t. 92.14 (6) (b) of the statutes is amended to read:

AB133-ASA1,986,14 92.14 (6) (b) The department, in cooperation with and the department of natural resources, shall prepare an annual grant allocation plan, that is consistent with the spending levels approved under par. (a), identifying the amounts to be spent annually for land and water resource management projects to be funded provided to counties under this section and the general purposes of those projects, which it shall specify ss. 281.65 and 281.66. In the allocation plan, the departments shall attempt to provide funding under this section for an average of 3 staff persons per county with full funding for the first staff person, 70% funding for the 2nd staff person and 50% funding for any additional staff persons and to provide an average of $100,000 per county for cost-sharing grants. The department shall submit that plan to the board.

AB133-ASA1, s. 1926b Section 1926b. 92.14 (6) (c) of the statutes is repealed.

AB133-ASA1, s. 1926c Section 1926c. 92.14 (6) (d) of the statutes is amended to read:

AB133-ASA1,986,22 92.14 (6) (d) The board shall review the annual allocation plan submitted to it under par. (b) and make recommendations to the department of agriculture, trade and consumer protection and the department of natural resources on approval, modification or disapproval of the plan. The department shall review and approve or disapprove the plan and shall notify the board of the department's final action on the plan.

AB133-ASA1, s. 1926e Section 1926e. 92.14 (6) (e) of the statutes is repealed.

AB133-ASA1, s. 1926f Section 1926f. 92.14 (6) (f) of the statutes is repealed.

AB133-ASA1, s. 1926g Section 1926g. 92.14 (6) (g) of the statutes is amended to read:

AB133-ASA1,987,3 92.14 (6) (g) Every project grant awarded a grant to a county under this section and s. 281.65 shall be consistent with the plans under s. 92.15, 1985 stats., and under this section and ss. 92.08, 92.10 and 281.65.

AB133-ASA1, s. 1926i Section 1926i. 92.14 (6) (gm) of the statutes is created to read:

AB133-ASA1,987,7 92.14 (6) (gm) A county may not provide cost-sharing funds using funds provided under this section in an amount that exceeds 70% of the cost of a project, except in cases of economic hardship, as defined by the department by rule.

AB133-ASA1, s. 1926j Section 1926j. 92.14 (6) (h) 1. (intro.) of the statutes is amended to read:

AB133-ASA1,987,12 92.14 (6) (h) 1. (intro.) The department A county may not make a grant under this section provide cost-sharing funds using funds provided under this section for the construction of any facility or system related to animal waste management unless all of the following conditions are met:

AB133-ASA1, s. 1926k Section 1926k. 92.14 (6) (h) 1. e. of the statutes is repealed.

AB133-ASA1, s. 1926m Section 1926m. 92.14 (6) (h) 2. of the statutes is repealed.

AB133-ASA1, s. 1926p Section 1926p. 92.14 (6) (h) 4. of the statutes is repealed.

AB133-ASA1, s. 1926q Section 1926q. 92.14 (6) (i) 2. of the statutes is amended to read:

AB133-ASA1,987,21 92.14 (6) (i) 2. Conduct all land management and pollutant management activities in substantial accordance with the performance standards, prohibitions, conservation practices and technical standards under s. 281.16 and with plans approved under this section, under s. 92.15, 1985 stats., and under ss. 92.08, 92.10 and 281.65, or to repay the cost-sharing funds.

AB133-ASA1, s. 1926s Section 1926s. 92.14 (6) (j) of the statutes is repealed.

AB133-ASA1, s. 1926t Section 1926t. 92.14 (6) (L) of the statutes is amended to read:

AB133-ASA1,988,3 92.14 (6) (L) The department may make a A county may provide cost-sharing funds from a grant under this section to replace a structure or facility at a new location, rather than to repair or reconstruct the structure or facility, if the relocation reduces water pollution and replacement is cost-effective compared to repairing or reconstructing the structure or facility.

AB133-ASA1, s. 1926u Section 1926u. 92.14 (6) (m) of the statutes is created to read:

AB133-ASA1,988,7 92.14 (6) (m) The department of agriculture, trade and consumer protection and the department of natural resources shall assist counties in conducting the activities for which grants under sub. (3) may be used.

AB133-ASA1, s. 1926v Section 1926v. 92.14 (10) of the statutes is amended to read:

AB133-ASA1,988,13 92.14 (10) Training. The county may use a grant under this section for training required under s. 92.18 or for any other training necessary to prepare personnel to perform job duties related to this section. The department may contract with any person for services to administer or implement this chapter, including information and education and training.

AB133-ASA1, s. 1926w Section 1926w. 92.14 (11) of the statutes is repealed.

AB133-ASA1, s. 1926x Section 1926x. 92.14 (14) of the statutes is amended to read:

AB133-ASA1,988,22 92.14 (14) Application, allocation, reporting and evaluation forms. The department, jointly with the department of natural resources, shall develop a single set of grant application, reporting and evaluation forms for use by counties receiving grants under this section and s. ss. 281.65 and 281.66. The department, jointly with the department of natural resources, shall implement a single process for grant application, funding allocation, reporting and evaluation for counties receiving grants under this section and ss. 281.65 and 281.66.

AB133-ASA1, s. 1926y Section 1926y. 92.14 (14m) of the statutes is created to read:

AB133-ASA1,989,3 92.14 (14m) Coordination. The department of agriculture, trade and consumer protection and the department of natural resources, jointly, shall review applications from counties for grants under sub. (5r) and, for projects and activities selected to receive funding shall determine whether to provide funding under this section or under s. 281.65 or 281.66.

AB133-ASA1, s. 1926ye Section 1926ye. 92.15 (4) of the statutes is amended to read:

AB133-ASA1,989,9 92.15 (4) A local governmental unit may not apply a regulation under sub. (2) or (3) to a livestock operation that exists on October 14, 1997, unless the local governmental unit determines, using the rules promulgated under s. 281.16 (3) (e), that cost-sharing is available to the owner or operator of the livestock operation under s. 92.14, 281.16 (5) or 281.65 or from any other source.

AB133-ASA1, s. 1926ym Section 1926ym. 92.17 (2m) of the statutes is amended to read:

AB133-ASA1,989,16 92.17 (2m) Authority to enforce ordinance. A county, city, village or town may not enforce a shoreland management ordinance unless the county uses funds have been appropriated provided under s. 92.14 (3) for grants for the purposes under s. 92.14 (3m) (3) (b). A city, village or town may not enforce a shoreland management ordinance unless the county in which the city, village or town is located uses funds provided under s. 92.14 (3) for grants for the purposes under s. 92.14 (3) (b).

AB133-ASA1, s. 1926yr Section 1926yr. 92.18 (2m) of the statutes is created to read:

AB133-ASA1,989,22 92.18 (2m) If a person is certified under this section to review plans for, or conduct inspections of, a type of agricultural engineering practice at one of the levels under sub. (2) (c), the department shall allow the person to review plans for, or conduct inspections of, all types of agricultural engineering practices at that same level without requiring any additional certification.

AB133-ASA1, s. 1927 Section 1927. 93.06 (1n) of the statutes is created to read:

AB133-ASA1,990,3 93.06 (1n) Electronic processing. (a) Accept and process by electronic means applications and payments for licenses, permits, registrations and certificates that are issued by the department.

AB133-ASA1,990,5 (b) Accept and process by electronic means requests and payments for goods and services that the department is authorized to provide.

AB133-ASA1,990,8 (c) Promulgate rules specifying fees to cover the department's electronic processing costs under pars. (a) and (b). The fees under this paragraph are in addition to any other fees required to be paid to the department.

AB133-ASA1, s. 1928 Section 1928. 93.06 (12) of the statutes is created to read:

AB133-ASA1,990,12 93.06 (12) Federal dairy policy reform. Provide assistance to organizations to seek the reform of federal milk marketing orders and other federally authorized dairy pricing policies for the benefit of milk producers in this state.

AB133-ASA1, s. 1929 Section 1929. 93.06 (12) of the statutes, as created by 1999 Wisconsin Act .... (this act), is repealed.

AB133-ASA1, s. 1930 Section 1930. 93.06 (13) of the statutes is created to read:

AB133-ASA1,990,18 93.06 (13) Plant protection agreements. Enter into cooperative agreements with corporations, associations, foundations and individuals to carry out plant protection activities under ch. 94.

AB133-ASA1, s. 1930j Section 1930j. 93.07 (3) of the statutes is amended to read:

AB133-ASA1,991,9 93.07 (3) Promotion of agriculture. To promote the interests of agriculture, dairying, horticulture, manufacturing, commercial fishing and the domestic arts and to advertise Wisconsin and its dairy, food and agricultural products by conducting campaigns of education throughout the United States and in foreign markets. Such campaigns shall include the distribution of educational and advertising material concerning Wisconsin and its plant, animal, food and dairy products. The department shall coordinate efforts by the state to advertise and promote agricultural products of this state, with the department of commerce where appropriate. The department shall submit its request and plan for market development program expenditures for each biennium with its biennial budget request. The plan shall include the identification and priority of expenditures for each market development program activity. In each fiscal year, the department shall seek federal moneys for the promotion of exports of agricultural products in an amount at least equal to $130,000 plus the amount of federal moneys received for this purpose in fiscal year 1998-99.

AB133-ASA1, s. 1932 Section 1932. 93.135 (1) (b) of the statutes is amended to read:

AB133-ASA1,991,11 93.135 (1) (b) A license under s. 94.10 (2), (3) or (4) (3g).

AB133-ASA1, s. 1932m Section 1932m. 93.32 of the statutes is created to read:

AB133-ASA1,991,19 93.32 Agriculture in the classroom program. From the appropriation account under s. 20.115 (4) (q), the department shall provide grants to the Wisconsin Farm Bureau Federation for an agriculture in the classroom program conducted in cooperation with the federal department of agriculture to help teachers educate students about agriculture. In each fiscal year, the department shall provide $3 for every $2 that the Wisconsin Farm Bureau Federation provides for the program in that fiscal year, up to the amount appropriated under s. 20.115 (4) (q).

AB133-ASA1, s. 1933 Section 1933. 93.60 of the statutes is repealed.

AB133-ASA1, s. 1933g Section 1933g. 93.70 of the statutes is created to read:

AB133-ASA1,992,2 93.70 Conservation reserve enhancement program. The department may expend funds from the appropriation account under s. 20.115 (7) (b) for participation by this state in the conservation reserve enhancement program as approved by the secretary of the federal department of agriculture under 16 USC 3834 (f) (4).

AB133-ASA1, s. 1934 Section 1934. 94.10 of the statutes is repealed and recreated to read:

AB133-ASA1,992,5 94.10 Nursery stock; inspection and licensing. (1) Definitions. In this section:

AB133-ASA1,992,11 (a) "Christmas tree grower" means a person who grows evergreen trees for eventual harvest and sale as Christmas trees, except that "Christmas tree grower" does not include a person who grows evergreen trees for eventual harvest and sale as Christmas trees if the person also grows nursery stock for sale and if the amount of the person's annual sales of nursery stock is more than 50% of the amount of the person's annual sales of nursery stock plus Christmas trees.

AB133-ASA1,992,14 (b) "Nonprofit organization" means an organization described in section 501 (c) of the Internal Revenue Code that is exempt from federal income tax under section 501 (a) of the Internal Revenue Code.

AB133-ASA1,992,22 (c) "Nursery" means premises in this state on which a person propagates or grows nursery stock for sale, except that "nursery" does not include premises on which a person propagates or grows nursery stock for sale if the person also grows evergreen trees for eventual harvest and sale as Christmas trees and if the amount of the person's annual sales of Christmas trees is 50% or more of the amount of the person's annual sales of Christmas trees plus nursery stock. "Nursery" does not include heeling-in grounds or other premises where a person holds nursery stock for purposes other than propagation or growth.

AB133-ASA1,993,2 (d) "Nursery dealer" means a person, other than a nursery grower or Christmas tree grower, who sells, offers for sale or distributes nursery stock from a location in this state, except that "nursery dealer" does not include an employe of a person licensed under this section.

AB133-ASA1,993,3 (e) "Nursery grower" means a person who owns or operates a nursery.

AB133-ASA1,993,6 (f) "Nursery stock" means plants and plant parts that can be propagated or grown, excluding seeds, sod, cranberry cuttings, annuals and evergreen trees grown for eventual harvest and sale as Christmas trees.

AB133-ASA1,993,7 (g) "Officially inspected source" means any of the following:

AB133-ASA1,993,8 1. A nursery dealer licensed under sub. (2).

AB133-ASA1,993,9 2. A nursery grower licensed under sub. (3).

AB133-ASA1,993,10 2m. A Christmas tree grower licensed under sub. (3g).

AB133-ASA1,993,12 3. A source outside this state that the department recognizes under sub. (10) as an officially inspected source.

AB133-ASA1,993,13 (j) "Sell" means to transfer ownership, for consideration.

AB133-ASA1,993,17 (2) Nursery dealer; annual license. (a) License required. Except as provided in par. (f), no person may operate as a nursery dealer without an annual license from the department. A nursery dealer license expires on February 20. A nursery dealer license may not be transferred to another person.

AB133-ASA1,993,20 (b) Applying for a license. A person applying for a nursery dealer license under par. (a) shall apply on a form provided by the department. An applicant shall provide all of the following to the department:

AB133-ASA1,993,22 1. The applicant's legal name and address and any other name under which the applicant does business.