AB133-ASA1,988,139 92.14 (10) Training. The county may use a grant under this section for training
10required under s. 92.18 or for any other training necessary to prepare personnel to
11perform job duties related to this section.
The department may contract with any
12person for services to administer or implement this chapter, including information
13and education and training.
AB133-ASA1, s. 1926w 14Section 1926w. 92.14 (11) of the statutes is repealed.
AB133-ASA1, s. 1926x 15Section 1926x. 92.14 (14) of the statutes is amended to read:
AB133-ASA1,988,2216 92.14 (14) Application, allocation, reporting and evaluation forms. The
17department, jointly with the department of natural resources, shall develop a single
18set of grant application, reporting and evaluation forms for use by counties receiving
19grants under this section and s. ss. 281.65 and 281.66. The department, jointly with
20the department of natural resources, shall implement a single process for grant
21application, funding allocation, reporting and evaluation for counties receiving
22grants under this section and ss. 281.65 and 281.66
.
AB133-ASA1, s. 1926y 23Section 1926y. 92.14 (14m) of the statutes is created to read:
AB133-ASA1,989,324 92.14 (14m) Coordination. The department of agriculture, trade and
25consumer protection and the department of natural resources, jointly, shall review

1applications from counties for grants under sub. (5r) and, for projects and activities
2selected to receive funding shall determine whether to provide funding under this
3section or under s. 281.65 or 281.66.
AB133-ASA1, s. 1926ye 4Section 1926ye. 92.15 (4) of the statutes is amended to read:
AB133-ASA1,989,95 92.15 (4) A local governmental unit may not apply a regulation under sub. (2)
6or (3) to a livestock operation that exists on October 14, 1997, unless the local
7governmental unit determines, using the rules promulgated under s. 281.16 (3) (e),
8that cost-sharing is available to the owner or operator of the livestock operation
9under s. 92.14, 281.16 (5) or 281.65 or from any other source.
AB133-ASA1, s. 1926ym 10Section 1926ym. 92.17 (2m) of the statutes is amended to read:
AB133-ASA1,989,1611 92.17 (2m) Authority to enforce ordinance. A county, city, village or town
12may not enforce a shoreland management ordinance unless the county uses funds
13have been appropriated provided under s. 92.14 (3) for grants for the purposes under
14s. 92.14 (3m) (3) (b). A city, village or town may not enforce a shoreland management
15ordinance unless the county in which the city, village or town is located uses funds
16provided under s. 92.14 (3) for grants for the purposes under s. 92.14 (3) (b)
.
AB133-ASA1, s. 1926yr 17Section 1926yr. 92.18 (2m) of the statutes is created to read:
AB133-ASA1,989,2218 92.18 (2m) If a person is certified under this section to review plans for, or
19conduct inspections of, a type of agricultural engineering practice at one of the levels
20under sub. (2) (c), the department shall allow the person to review plans for, or
21conduct inspections of, all types of agricultural engineering practices at that same
22level without requiring any additional certification.
AB133-ASA1, s. 1927 23Section 1927. 93.06 (1n) of the statutes is created to read:
AB133-ASA1,990,3
193.06 (1n) Electronic processing. (a) Accept and process by electronic means
2applications and payments for licenses, permits, registrations and certificates that
3are issued by the department.
AB133-ASA1,990,54 (b) Accept and process by electronic means requests and payments for goods
5and services that the department is authorized to provide.
AB133-ASA1,990,86 (c) Promulgate rules specifying fees to cover the department's electronic
7processing costs under pars. (a) and (b). The fees under this paragraph are in
8addition to any other fees required to be paid to the department.
AB133-ASA1, s. 1928 9Section 1928. 93.06 (12) of the statutes is created to read:
AB133-ASA1,990,1210 93.06 (12) Federal dairy policy reform. Provide assistance to organizations
11to seek the reform of federal milk marketing orders and other federally authorized
12dairy pricing policies for the benefit of milk producers in this state.
AB133-ASA1, s. 1929 13Section 1929. 93.06 (12) of the statutes, as created by 1999 Wisconsin Act ....
14(this act), is repealed.
AB133-ASA1, s. 1930 15Section 1930. 93.06 (13) of the statutes is created to read:
AB133-ASA1,990,1816 93.06 (13) Plant protection agreements. Enter into cooperative agreements
17with corporations, associations, foundations and individuals to carry out plant
18protection activities under ch. 94.
AB133-ASA1, s. 1930j 19Section 1930j. 93.07 (3) of the statutes is amended to read:
AB133-ASA1,991,920 93.07 (3) Promotion of agriculture. To promote the interests of agriculture,
21dairying, horticulture, manufacturing, commercial fishing and the domestic arts and
22to advertise Wisconsin and its dairy, food and agricultural products by conducting
23campaigns of education throughout the United States and in foreign markets. Such
24campaigns shall include the distribution of educational and advertising material
25concerning Wisconsin and its plant, animal, food and dairy products. The

1department shall coordinate efforts by the state to advertise and promote
2agricultural products of this state, with the department of commerce where
3appropriate. The department shall submit its request and plan for market
4development program expenditures for each biennium with its biennial budget
5request. The plan shall include the identification and priority of expenditures for
6each market development program activity. In each fiscal year, the department shall
7seek federal moneys for the promotion of exports of agricultural products in an
8amount at least equal to $130,000 plus the amount of federal moneys received for this
9purpose in fiscal year 1998-99.
AB133-ASA1, s. 1932 10Section 1932. 93.135 (1) (b) of the statutes is amended to read:
AB133-ASA1,991,1111 93.135 (1) (b) A license under s. 94.10 (2), (3) or (4) (3g).
AB133-ASA1, s. 1932m 12Section 1932m. 93.32 of the statutes is created to read:
AB133-ASA1,991,19 1393.32 Agriculture in the classroom program. From the appropriation
14account under s. 20.115 (4) (q), the department shall provide grants to the Wisconsin
15Farm Bureau Federation for an agriculture in the classroom program conducted in
16cooperation with the federal department of agriculture to help teachers educate
17students about agriculture. In each fiscal year, the department shall provide $3 for
18every $2 that the Wisconsin Farm Bureau Federation provides for the program in
19that fiscal year, up to the amount appropriated under s. 20.115 (4) (q).
AB133-ASA1, s. 1933 20Section 1933. 93.60 of the statutes is repealed.
AB133-ASA1, s. 1933g 21Section 1933g. 93.70 of the statutes is created to read:
AB133-ASA1,992,2 2293.70 Conservation reserve enhancement program. The department
23may expend funds from the appropriation account under s. 20.115 (7) (b) for
24participation by this state in the conservation reserve enhancement program as

1approved by the secretary of the federal department of agriculture under 16 USC
23834
(f) (4).
AB133-ASA1, s. 1934 3Section 1934. 94.10 of the statutes is repealed and recreated to read:
AB133-ASA1,992,5 494.10 Nursery stock; inspection and licensing. (1) Definitions. In this
5section:
AB133-ASA1,992,116 (a) "Christmas tree grower" means a person who grows evergreen trees for
7eventual harvest and sale as Christmas trees, except that "Christmas tree grower"
8does not include a person who grows evergreen trees for eventual harvest and sale
9as Christmas trees if the person also grows nursery stock for sale and if the amount
10of the person's annual sales of nursery stock is more than 50% of the amount of the
11person's annual sales of nursery stock plus Christmas trees.
AB133-ASA1,992,1412 (b) "Nonprofit organization" means an organization described in section 501 (c)
13of the Internal Revenue Code that is exempt from federal income tax under section
14501 (a) of the Internal Revenue Code.
AB133-ASA1,992,2215 (c) "Nursery" means premises in this state on which a person propagates or
16grows nursery stock for sale, except that "nursery" does not include premises on
17which a person propagates or grows nursery stock for sale if the person also grows
18evergreen trees for eventual harvest and sale as Christmas trees and if the amount
19of the person's annual sales of Christmas trees is 50% or more of the amount of the
20person's annual sales of Christmas trees plus nursery stock. "Nursery" does not
21include heeling-in grounds or other premises where a person holds nursery stock for
22purposes other than propagation or growth.
AB133-ASA1,993,223 (d) "Nursery dealer" means a person, other than a nursery grower or Christmas
24tree grower, who sells, offers for sale or distributes nursery stock from a location in

1this state, except that "nursery dealer" does not include an employe of a person
2licensed under this section.
AB133-ASA1,993,33 (e) "Nursery grower" means a person who owns or operates a nursery.
AB133-ASA1,993,64 (f) "Nursery stock" means plants and plant parts that can be propagated or
5grown, excluding seeds, sod, cranberry cuttings, annuals and evergreen trees grown
6for eventual harvest and sale as Christmas trees.
AB133-ASA1,993,77 (g) "Officially inspected source" means any of the following:
AB133-ASA1,993,88 1. A nursery dealer licensed under sub. (2).
AB133-ASA1,993,99 2. A nursery grower licensed under sub. (3).
AB133-ASA1,993,1010 2m. A Christmas tree grower licensed under sub. (3g).
AB133-ASA1,993,1211 3. A source outside this state that the department recognizes under sub. (10)
12as an officially inspected source.
AB133-ASA1,993,1313 (j) "Sell" means to transfer ownership, for consideration.
AB133-ASA1,993,17 14(2) Nursery dealer; annual license. (a) License required. Except as provided
15in par. (f), no person may operate as a nursery dealer without an annual license from
16the department. A nursery dealer license expires on February 20. A nursery dealer
17license may not be transferred to another person.
AB133-ASA1,993,2018 (b) Applying for a license. A person applying for a nursery dealer license under
19par. (a) shall apply on a form provided by the department. An applicant shall provide
20all of the following to the department:
AB133-ASA1,993,2221 1. The applicant's legal name and address and any other name under which the
22applicant does business.
AB133-ASA1,993,2423 2. The address of each location at which the applicant proposes to hold nursery
24stock for sale.
AB133-ASA1,993,2525 3. The license fee required under par. (c).
AB133-ASA1,994,1
14. The surcharge required under par. (d), if any.
AB133-ASA1,994,32 5. Other information reasonably required by the department for licensing
3purposes.
AB133-ASA1,994,54 (c) License fee. A nursery dealer shall pay the following annual license fee,
5based on annual purchases calculated according to par. (e):
AB133-ASA1,994,76 1. If the nursery dealer buys no more than $5,000 worth of nursery stock for
7resale, $30.
AB133-ASA1,994,98 2. If the nursery dealer buys more than $5,000 but not more than $20,000 worth
9of nursery stock for resale, $50.
AB133-ASA1,994,1110 3. If the nursery dealer buys more than $20,000 but not more than $100,000
11worth of nursery stock for resale, $100.
AB133-ASA1,994,1312 4. If the nursery dealer buys more than $100,000 but not more than $200,000
13worth of nursery stock for resale, $150.
AB133-ASA1,994,1514 5. If the nursery dealer buys more than $200,000 but not more than $500,000
15worth of nursery stock for resale, $200.
AB133-ASA1,994,1716 6. If the nursery dealer buys more than $500,000 but not more than $2,000,000
17worth of nursery stock for resale, $300.
AB133-ASA1,994,1918 7. If the nursery dealer buys more than $2,000,000 worth of nursery stock for
19resale, $400.
AB133-ASA1,995,220 (d) Surcharge for operating without a license. In addition to the fee required
21under par. (c), an applicant for a nursery dealer license shall pay a surcharge equal
22to the amount of that fee if the department determines that, within 365 days before
23submitting the application, the applicant operated as a nursery dealer without a
24license in violation of par. (a). Payment of the surcharge does not relieve the

1applicant of any other penalty or liability that may result from the violation, but does
2not constitute evidence of a violation of par. (a).
AB133-ASA1,995,83 (e) Calculating annual purchases. The amount of an applicant's license fee
4under par. (c) for a license year shall be based on the applicant's purchases of nursery
5stock during the applicant's preceding fiscal year, except that if the applicant made
6no purchases of nursery stock during the preceding fiscal year the fee shall be based
7on the applicant's good faith prediction of purchases during the license year for which
8the applicant is applying.
AB133-ASA1,995,99 (f) Exemptions. Paragraph (a) does not apply to any of the following:
AB133-ASA1,995,1110 1. A person whose only sales of nursery stock are retail sales totaling less than
11$250 annually.
AB133-ASA1,995,1312 2. A person selling or offering to sell nursery stock for the benefit of a nonprofit
13organization, for a period of not more than 7 consecutive days.
AB133-ASA1,995,17 14(3) Nursery grower; annual license. (a) License required. Except as provided
15in par. (f), no person may operate as a nursery grower without an annual license from
16the department. A nursery grower license expires on February 20. A nursery grower
17license may not be transferred to another person.
AB133-ASA1,995,2018 (b) Applying for a license. A person applying for a nursery grower license under
19par. (a) shall apply on a form provided by the department. An applicant shall provide
20all of the following to the department:
AB133-ASA1,995,2221 1. The applicant's legal name and address and any other name under which the
22applicant does business.
AB133-ASA1,995,2523 2. The address of each location in this state at which the applicant operates a
24nursery, grows evergreen trees for eventual sale as Christmas trees or holds nursery
25stock or Christmas trees for sale.
AB133-ASA1,996,1
13. The license fee required under par. (c).
AB133-ASA1,996,22 4. The surcharge required under (d), if any.
AB133-ASA1,996,43 5. Other information reasonably required by the department for licensing
4purposes.
AB133-ASA1,996,65 (c) License fee. A nursery grower shall pay the following annual license fee,
6based on annual sales calculated according to par. (e):
AB133-ASA1,996,87 1. If the nursery grower annually sells no more than $5,000 worth of nursery
8stock and Christmas trees, $55.
AB133-ASA1,996,109 2. If the nursery grower annually sells more than $5,000 but not more than
10$20,000 worth of nursery stock and Christmas trees, $100.
AB133-ASA1,996,1211 3. If the nursery grower annually sells more than $20,000 but not more than
12$100,000 worth of nursery stock and Christmas trees, $200.
AB133-ASA1,996,1413 4. If the nursery grower annually sells more than $100,000 but not more than
14$200,000 worth of nursery stock and Christmas trees, $400.
AB133-ASA1,996,1615 5. If the nursery grower annually sells more than $200,000 but not more than
16$500,000 worth of nursery stock and Christmas trees, $600.
AB133-ASA1,996,1817 6. If the nursery grower annually sells more than $500,000 but not more than
18$2,000,000 worth of nursery stock and Christmas trees, $1,200.
AB133-ASA1,996,2019 7. If the nursery grower annually sells more than $2,000,000 worth of nursery
20stock and Christmas trees, $2,400.
AB133-ASA1,997,221 (d) Surcharge for operating without a license. In addition to the fee required
22under par. (c), an applicant for a nursery grower license shall pay a surcharge equal
23to the amount of that fee if the department determines that, within 365 days before
24submitting that application, the applicant operated as a nursery grower without a
25license in violation of par. (a). Payment of the surcharge does not relieve the

1applicant of any other penalty or liability that may result from the violation, but does
2not constitute evidence of a violation of par. (a).
AB133-ASA1,997,83 (e) Calculating annual sales. The amount of an applicant's license fee under
4par. (c) for a license year shall be based on the applicant's sales of nursery stock and
5Christmas trees during the applicant's preceding fiscal year, except that if the
6applicant made no sales during the preceding fiscal year the fee shall be based on the
7applicant's good faith prediction of sales during the license year for which the
8applicant is applying.
AB133-ASA1,997,99 (f) Exemptions. Paragraph (a) does not apply to any of the following:
AB133-ASA1,997,1110 1. A nursery grower whose only sales of nursery stock and Christmas trees are
11retail sales totaling less than $250 annually.
AB133-ASA1,997,1312 2. A person growing nursery stock only for sale for the benefit of a nonprofit
13organization, for a period of not more than 7 days.
AB133-ASA1,997,18 14(3g) Christmas tree grower; annual license. (a) License required. Except as
15provided in par. (e), no person may operate as a Christmas tree grower without an
16annual license from the department. A Christmas tree grower license expires on
17February 20. A Christmas tree grower license may not be transferred to another
18person.
AB133-ASA1,997,2119 (b) Applying for a license. A person applying for a Christmas tree grower
20license under par. (a) shall apply on a form provided by the department. An applicant
21shall provide all of the following to the department:
AB133-ASA1,997,2322 1. The applicant's legal name and address and any other name under which the
23applicant does business.
AB133-ASA1,998,3
12. The address of each location in this state at which the applicant grows
2evergreen trees for eventual sale as Christmas trees or nursery stock or at which the
3applicant holds Christmas trees or nursery stock for sale.
AB133-ASA1,998,44 3. The license fee required under par. (c).
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