Amendment ASA1-AB133

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AB133-ASA1, s. 1926w Section 1926w. 92.14 (11) of the statutes is repealed.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

AB133-ASA1,993,24 2. The address of each location at which the applicant proposes to hold nursery stock for sale.

AB133-ASA1,993,25 3. The license fee required under par. (c).

AB133-ASA1,994,1 4. The surcharge required under par. (d), if any.

AB133-ASA1,994,3 5. Other information reasonably required by the department for licensing purposes.

AB133-ASA1,994,5 (c) License fee. A nursery dealer shall pay the following annual license fee, based on annual purchases calculated according to par. (e):

AB133-ASA1,994,7 1. If the nursery dealer buys no more than $5,000 worth of nursery stock for resale, $30.

AB133-ASA1,994,9 2. If the nursery dealer buys more than $5,000 but not more than $20,000 worth of nursery stock for resale, $50.

AB133-ASA1,994,11 3. If the nursery dealer buys more than $20,000 but not more than $100,000 worth of nursery stock for resale, $100.

AB133-ASA1,994,13 4. If the nursery dealer buys more than $100,000 but not more than $200,000 worth of nursery stock for resale, $150.

AB133-ASA1,994,15 5. If the nursery dealer buys more than $200,000 but not more than $500,000 worth of nursery stock for resale, $200.

AB133-ASA1,994,17 6. If the nursery dealer buys more than $500,000 but not more than $2,000,000 worth of nursery stock for resale, $300.

AB133-ASA1,994,19 7. If the nursery dealer buys more than $2,000,000 worth of nursery stock for resale, $400.

AB133-ASA1,995,2 (d) Surcharge for operating without a license. In addition to the fee required under par. (c), an applicant for a nursery dealer license shall pay a surcharge equal to the amount of that fee if the department determines that, within 365 days before submitting the application, the applicant operated as a nursery dealer without a license in violation of par. (a). Payment of the surcharge does not relieve the applicant of any other penalty or liability that may result from the violation, but does not constitute evidence of a violation of par. (a).

AB133-ASA1,995,8 (e) Calculating annual purchases. The amount of an applicant's license fee under par. (c) for a license year shall be based on the applicant's purchases of nursery stock during the applicant's preceding fiscal year, except that if the applicant made no purchases of nursery stock during the preceding fiscal year the fee shall be based on the applicant's good faith prediction of purchases during the license year for which the applicant is applying.

AB133-ASA1,995,9 (f) Exemptions. Paragraph (a) does not apply to any of the following:

AB133-ASA1,995,11 1. A person whose only sales of nursery stock are retail sales totaling less than $250 annually.

AB133-ASA1,995,13 2. A person selling or offering to sell nursery stock for the benefit of a nonprofit organization, for a period of not more than 7 consecutive days.

AB133-ASA1,995,17 (3) Nursery grower; annual license. (a) License required. Except as provided in par. (f), no person may operate as a nursery grower without an annual license from the department. A nursery grower license expires on February 20. A nursery grower license may not be transferred to another person.

AB133-ASA1,995,20 (b) Applying for a license. A person applying for a nursery grower 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-ASA1,995,22 1. The applicant's legal name and address and any other name under which the applicant does business.

AB133-ASA1,995,25 2. The address of each location in this state at which the applicant operates a nursery, grows evergreen trees for eventual sale as Christmas trees or holds nursery stock or Christmas trees for sale.

AB133-ASA1,996,1 3. The license fee required under par. (c).

AB133-ASA1,996,2 4. The surcharge required under (d), if any.

AB133-ASA1,996,4 5. Other information reasonably required by the department for licensing purposes.

AB133-ASA1,996,6 (c) License fee. A nursery grower shall pay the following annual license fee, based on annual sales calculated according to par. (e):

AB133-ASA1,996,8 1. If the nursery grower annually sells no more than $5,000 worth of nursery stock and Christmas trees, $55.

AB133-ASA1,996,10 2. If the nursery grower annually sells more than $5,000 but not more than $20,000 worth of nursery stock and Christmas trees, $100.

AB133-ASA1,996,12 3. If the nursery grower annually sells more than $20,000 but not more than $100,000 worth of nursery stock and Christmas trees, $200.

AB133-ASA1,996,14 4. If the nursery grower annually sells more than $100,000 but not more than $200,000 worth of nursery stock and Christmas trees, $400.

AB133-ASA1,996,16 5. If the nursery grower annually sells more than $200,000 but not more than $500,000 worth of nursery stock and Christmas trees, $600.

AB133-ASA1,996,18 6. If the nursery grower annually sells more than $500,000 but not more than $2,000,000 worth of nursery stock and Christmas trees, $1,200.

AB133-ASA1,996,20 7. If the nursery grower annually sells more than $2,000,000 worth of nursery stock and Christmas trees, $2,400.

AB133-ASA1,997,2 (d) Surcharge for operating without a license. In addition to the fee required under par. (c), an applicant for a nursery grower license shall pay a surcharge equal to the amount of that fee if the department determines that, within 365 days before submitting that application, the applicant operated as a nursery grower without a license in violation of par. (a). Payment of the surcharge does not relieve the applicant of any other penalty or liability that may result from the violation, but does not constitute evidence of a violation of par. (a).

AB133-ASA1,997,8 (e) Calculating annual sales. The amount of an applicant's license fee under par. (c) for a license year shall be based on the applicant's sales of nursery stock and Christmas trees during the applicant's preceding fiscal year, except that if the applicant made no sales during the preceding fiscal year the fee shall be based on the applicant's good faith prediction of sales during the license year for which the applicant is applying.

AB133-ASA1,997,9 (f) Exemptions. Paragraph (a) does not apply to any of the following:

AB133-ASA1,997,11 1. A nursery grower whose only sales of nursery stock and Christmas trees are retail sales totaling less than $250 annually.

AB133-ASA1,997,13 2. A person growing nursery stock only for sale for the benefit of a nonprofit organization, for a period of not more than 7 days.

AB133-ASA1,997,18 (3g) Christmas tree grower; annual license. (a) License required. Except as provided in par. (e), no person may operate as a Christmas tree grower without an annual license from the department. A Christmas tree grower license expires on February 20. A Christmas tree grower license may not be transferred to another person.

AB133-ASA1,997,21 (b) Applying for a license. A person applying for a Christmas tree grower license under par. (a) shall apply on a form provided by the department. An applicant shall provide all of the following to the department: