AB40-ASA1,907,106 4. The applicant submits to the department a certification of compliance with
7soil and water conservation standards, as required by s. 91.80, issued by the county
8land conservation committee unless, in the last preceding year, the applicant
9received a tax credit under ss. 71.57 to 71.61 or s. 71.613 or a grant under this section
10for the same farm.
AB40-ASA1,907,1311 (b) If a farm is jointly owned by 2 or more persons who file separate income or
12franchise tax returns, each person may receive a grant under this section based on
13the person's ownership interest in the farm.
AB40-ASA1,907,1714 (c) If a person acquires or transfers ownership of a farm during a taxable year
15for which an application may be filed under this section, the person may apply for
16a grant under this section based on the person's liability for the property taxes levied
17on the person's qualifying acres for the taxable year to which the application relates.
AB40-ASA1,907,2018 (d) A person shall apply for a grant under this section on a form prepared by
19the department and shall submit any documentation required by the department.
20On the application form, the applicant shall certify all of the following:
AB40-ASA1,907,2121 1. The number of qualifying acres for which the application is made.
AB40-ASA1,907,2322 2. The location and tax parcel number for each parcel on which the qualifying
23acres are located.
AB40-ASA1,907,2524 3. That the qualifying acres are covered by a farmland preservation agreement
25or located in a farmland preservation zoning district, or both.
AB40-ASA1,908,2
14. That the qualifying acres are part of a farm that complies with applicable
2state soil and water conservation standards, as required by s. 91.80.
AB40-ASA1,908,53 (e) A person is not eligible for a grant under this section unless the person
4applies for the grant within one year after the end of the taxable year to which the
5application relates.
AB40-ASA1,908,7 6(5) Ineligibility due to fraudulent or reckless application. (a) In this
7subsection:
AB40-ASA1,908,108 1. "Fraudulent application" means an application for a grant under this
9section, filed by a person, that is false or excessive and filed with fraudulent intent,
10as determined by the department.
AB40-ASA1,908,1411 2. "Reckless application" means an application for a grant under this section,
12filed by a person, that is improper, due to reckless or intentional disregard of the
13provisions of this section or of rules of the department, as determined by the
14department.
AB40-ASA1,908,1815 (b) 1. A person who files a fraudulent application may not file an application
16for a grant under this section for 10 successive taxable years, beginning with the
17taxable year that begins immediately after the taxable year to which the fraudulent
18application relates.
AB40-ASA1,908,2219 2. A person who files a reckless application may not file an application for a
20grant under this section for 2 successive taxable years, beginning with the taxable
21year that begins immediately after the taxable year to which the reckless application
22relates.
AB40-ASA1,909,223 (c) After the period described under par. (b) during which a person may not file
24an application for a grant under this section, he or she may file an application for a

1grant under this section, subject to any requirements that the department may
2impose on the individual to demonstrate that he or she is eligible for the grant.
AB40-ASA1,1588 3Section 1588. 93.02 of the statutes is amended to read:
AB40-ASA1,909,9 493.02 Staff. The secretary shall appoint all staff necessary for the carrying out
5of the duties of the department, all of whom shall be under the classified service
6except the deputy secretary, the executive assistant deputy secretary, and, subject
7to s. 230.08 (4) (a), the administrators of divisions. Each such deputy secretary,
8executive assistant deputy secretary, or administrator shall be appointed by the
9secretary with the approval of the board.
AB40-ASA1,1589 10Section 1589. 93.135 (title) of the statutes is amended to read:
AB40-ASA1,909,12 1193.135 (title) License denial, nonrenewal, suspension or restriction
12based on failure to pay support
or taxes.
AB40-ASA1,1590 13Section 1590. 93.135 (1) (rg) of the statutes is created to read:
AB40-ASA1,909,1414 93.135 (1) (rg) A certification or registration under s. 168.23 (3).
AB40-ASA1,1591 15Section 1591. 93.135 (4) of the statutes is created to read:
AB40-ASA1,909,2016 93.135 (4) The department shall deny an application for the issuance or
17renewal of certification or registration under s. 168.23 (3), or shall suspend or restrict
18such a certification or registration, if the department of revenue certifies under s.
1973.0301 that the holder of the certification or registration is liable for delinquent
20taxes.
AB40-ASA1,1592 21Section 1592. 93.40 (1) (g) of the statutes is amended to read:
AB40-ASA1,909,2422 93.40 (1) (g) Promote the growth of the dairy industry through research,
23planning, and assistance, including grants and loans to dairy producers and grants
24to persons operating processing plants
.
AB40-ASA1,1592g 25Section 1592g. 93.48 (1) of the statutes is amended to read:
AB40-ASA1,910,7
193.48 (1) The department may award grants from the appropriation under s.
220.115 (4) (am) to individuals or organizations to fund projects that are designed to
3increase the sale of agricultural products grown in this state that are purchased in
4close proximity to where they are produced. The department may not award a grant
5under this section unless the applicant contributes matching funds equal to at least
650 percent of the costs of the project.
The department shall promulgate rules for the
7program under this section.
AB40-ASA1,1593 8Section 1593. 93.60 of the statutes is repealed.
AB40-ASA1,1593gd 9Section 1593gd. 94.64 (3r) (b) of the statutes is amended to read:
AB40-ASA1,910,1310 94.64 (3r) (b) Beginning with the license year that begins on August 15, 2007
112013, a person applying for a license under sub. (3) shall pay the following
12agricultural chemical cleanup surcharges, unless the department establishes
13different surcharges under s. 94.73 (15) after October 27, 2007:
AB40-ASA1,910,1614 1. For each business location and each mobile unit that the applicant uses to
15manufacture fertilizer in this state, other than a business location or mobile unit that
16is also licensed under s. 94.685 or 94.703, $14 $11.20.
AB40-ASA1,910,1817 2. If the applicant distributes, but does not manufacture, fertilizer in this state,
18$14 $11.20.
AB40-ASA1,1593gh 19Section 1593gh. 94.64 (4) (a) 1. of the statutes is amended to read:
AB40-ASA1,910,2320 94.64 (4) (a) 1. A basic fee of 23 30 cents per ton for fertilizer sold or distributed
21beginning on October 29, 1999 July 1, 2001, and ending on June 30, 2001 2012, and
2230 23 cents per ton for fertilizer sold or distributed after June 30, 2001 2012, with
23a minimum fee of $25.
AB40-ASA1,1593gj 24Section 1593gj. 94.64 (4) (a) 2. of the statutes is amended to read:
AB40-ASA1,910,2525 94.64 (4) (a) 2. A research fee of 10 17 cents per ton, with a minimum fee of $1.
AB40-ASA1,1593gm
1Section 1593gm. 94.64 (4) (a) 5. of the statutes is amended to read:
AB40-ASA1,911,52 94.64 (4) (a) 5. An agricultural chemical cleanup surcharge of 44 35 cents per
3ton on all fertilizer that the person sells or distributes in this state after June 30, 2007
42014, unless the department establishes a different surcharge under s. 94.73 (15)
5after October 27, 2007.
AB40-ASA1,1593he 6Section 1593he. 94.681 (3) (a) of the statutes is amended to read:
AB40-ASA1,911,87 94.681 (3) (a) If the applicant sells less than $25,000 of the product during the
8payment period for use in this state, $3.50 $2.80.
AB40-ASA1,1593hg 9Section 1593hg. 94.681 (3) (b) of the statutes is amended to read:
AB40-ASA1,911,1110 94.681 (3) (b) If the applicant sells at least $25,000 but less than $75,000 of that
11product during the payment period for use in this state, $120 $96.
AB40-ASA1,1593hi 12Section 1593hi. 94.681 (3) (c) of the statutes is amended to read:
AB40-ASA1,911,1513 94.681 (3) (c) If the applicant sells at least $75,000 of that product during the
14payment period for use in this state, an amount equal to 0.75 0.60 percent of gross
15revenues from sales of the product during the payment period for use in this state.
AB40-ASA1,1593ic 16Section 1593ic. 94.685 (3) (a) 2. of the statutes is amended to read:
AB40-ASA1,911,1917 94.685 (3) (a) 2. An agricultural chemical cleanup surcharge of $28 $22.40,
18unless the department establishes a different surcharge under s. 94.73 (15) after
19October 27, 2007
.
AB40-ASA1,1593im 20Section 1593im. 94.703 (3) (a) 2. of the statutes is amended to read:
AB40-ASA1,911,2321 94.703 (3) (a) 2. An agricultural chemical cleanup surcharge of $38 $30.40,
22unless the department establishes a different surcharge under s. 94.73 (15) after
23October 27, 2007
.
AB40-ASA1,1593is 24Section 1593is. 94.704 (3) (a) 2. of the statutes is amended to read:
AB40-ASA1,912,3
194.704 (3) (a) 2. An agricultural chemical cleanup surcharge of $14 $11.20,
2unless the department establishes a different surcharge under s. 94.73 (15) after
3October 27, 2007
.
AB40-ASA1,1593km 4Section 1593km. 94.73 (3m) (w) of the statutes is created to read:
AB40-ASA1,912,105 94.73 (3m) (w) The cost of corrective action taken in response to a discharge
6from a bulk storage facility, owned or operated by a person who manufactures or
7distributes fertilizer or pesticide, that is located on property on which no bulk storage
8facility was located before the effective date of this paragraph .... [LRB inserts date],
9unless the person filed construction plans for the bulk storage facility with the
10department before the effective date of this paragraph .... [LRB inserts date].
AB40-ASA1,1593L 11Section 1593L. 94.73 (9) of the statutes is repealed.
AB40-ASA1,1593v 12Section 1593v. 98.04 (2) of the statutes is amended to read:
AB40-ASA1,913,313 98.04 (2) A municipality that is required to establish a department of weights
14and measures under sub. (1) may contract with the department of agriculture, trade,
15and consumer protection to enforce the provisions of this chapter within the
16municipality's jurisdiction instead of establishing its own department if the
17department of agriculture, trade and consumer protection agrees to enter into such
18a contract. The department of agriculture, trade and consumer protection may
19charge the municipality fees sufficient to cover the department's costs under the
20contract. A municipality may recover an amount not to exceed the cost of these fees
21by assessing fees on the persons who receive services under the weights and
22measures program. A municipality that is required to establish a department of
23weights and measures under sub. (1) may contract with a private weights and
24measures service provider licensed under s. 98.18 to enforce the provisions of this
25chapter within the municipality's jurisdiction instead of establishing its own

1department. A municipality may recover an amount not to exceed the cost it incurs
2under a contract with a private weights and measures service provider by assessing
3fees on the persons who receive services under the weights and measures program.
AB40-ASA1,1594 4Section 1594. 98.246 (1) of the statutes is amended to read:
AB40-ASA1,913,65 98.246 (1) In this section, "petroleum products" has the meaning given under
6s. 168.03 168.01 (3).
AB40-ASA1,1594g 7Section 1594g. 100.209 (2) (e) 1. of the statutes is repealed.
AB40-ASA1,1594r 8Section 1594r. 100.209 (2) (e) 2. of the statutes is renumbered 100.209 (2) (e)
9and amended to read:
AB40-ASA1,913,1610 100.209 (2) (e) If a multichannel video provider intends to disconnect a
11subscriber's video programming service, or a portion of that service, the
12multichannel video provider shall give the subscriber at least 10 days' advance
13written notice of the disconnection. A multichannel video provider is not required
14to give the notice under this subdivision paragraph if the disconnection is requested
15by the subscriber, is necessary to prevent theft of video programming service or is
16necessary to reduce or prevent signal leakage, as described in 47 CFR 76.611.
AB40-ASA1,1595 17Section 1595. 101.02 (18m) of the statutes is renumbered 93.06 (1pm) and
18amended to read:
AB40-ASA1,914,219 93.06 (1pm) Testing of petroleum products. The department may perform,
20or contract for the performance of, testing of petroleum products other than testing
21provided under ch. 168. The department may establish a schedule of fees for such
22petroleum product testing services. The department shall credit all revenues
23received from fees established under this subsection to the appropriation account
24under s. 20.165 (2) (ga) 20.115 (1) (gc). Revenues from fees established under this

1subsection may be used by the department to pay for testing costs, including
2laboratory supplies and equipment amortization, for such products.
AB40-ASA1,1597 3Section 1597. 101.02 (20) (a) of the statutes is amended to read:
AB40-ASA1,914,114 101.02 (20) (a) For purposes of this subsection, "license" means a license,
5permit, or certificate of certification or registration issued by the department for an
6occupation or profession under s. 101.09 (3) (c), 101.122 (2) (c), 101.143 (2) (g),
7101.147,
101.15 (2) (e), 101.16 (3g), 101.17, 101.178 (2) or (3) (a), 101.63 (2) or (2m),
8101.653, 101.73 (5) or (6), 101.82 (1m), (1v), and (2), 101.935, 101.95, 101.951,
9101.952, 101.96 (2), 101.985 (1) to (3), 145.02 (4), 145.035, 145.045, 145.15, 145.16,
10145.165, 145.17, 145.175, 145.18, or 167.10 (6m) or under rules promulgated under
11ch. 101 or 145.
AB40-ASA1,1598 12Section 1598. 101.02 (21) (a) of the statutes is amended to read:
AB40-ASA1,914,1913 101.02 (21) (a) In this subsection, "license" means a license, permit, or
14certificate of certification or registration issued by the department for an occupation
15or profession under s. 101.09 (3) (c), 101.122 (2) (c), 101.143 (2) (g), 101.147, 101.15
16(2) (e), 101.16 (3g), 101.17, 101.178 (2) or (3) (a), 101.63 (2) or (2m), 101.653, 101.73
17(5) or (6), 101.82 (1m), (1v), and (2), 101.935, 101.95, 101.951, 101.952, 101.96 (2),
18101.985 (1) to (3), 145.02 (4), 145.035, 145.045, 145.15, 145.16, 145.165, 145.17,
19145.175, 145.18, or 167.10 (6m) or under rules promulgated under ch. 101 or 145.
AB40-ASA1,1599 20Section 1599. 101.02 (24) (a) 2. of the statutes is amended to read:
AB40-ASA1,915,221 101.02 (24) (a) 2. "License" means a license, permit, or certificate of
22certification or registration issued by the department for an occupation or profession
23under s. 101.09 (3) (c), 101.122 (2) (c), 101.143 (2) (g), 101.147, 101.15 (2) (e), 101.16
24(3g), 101.17, 101.177 (4) (a), 101.178 (2) or (3) (a), 101.63 (2) or (2m), 101.653, 101.654,
25101.73 (5) or (6), 101.82 (1m), (1v), and (2), 101.935, 101.95, 101.951, 101.952,

1101.985 (1) to (3), 145.02 (4), 145.035, 145.045, 145.15, 145.16, 145.165, 145.17,
2145.175, 145.18, or 167.10 (6m) or under rules promulgated under ch. 101 or 145.
AB40-ASA1,1599n 3Section 1599n. 101.055 (2) (a) of the statutes is amended to read:
AB40-ASA1,915,84 101.055 (2) (a) "Agency" means an office, department, independent agency,
5authority, institution, association, society, or other body in state government created
6or authorized to be created by the constitution or any law, and includes the
7legislature and the courts, but excludes the Health Insurance Risk-Sharing Plan
8Authority
.
AB40-ASA1,1599p 9Section 1599p. 101.055 (3) (a) of the statutes is amended to read:
AB40-ASA1,916,510 101.055 (3) (a) The department shall adopt, by administrative rule, standards
11to protect the safety and health of public employees. The standards shall provide
12protection at least equal to that provided to private sector employees under
13standards promulgated by the federal occupational safety and health
14administration, but no rule may be adopted by the department which defines a
15substance as a "toxic substance" solely because it is listed in the latest printed edition
16of the national institute for occupational safety and health registry of toxic effects of
17chemical substances. The department shall revise the safety and health standards
18adopted for public employees as necessary to provide protection at least equal to that
19provided to private sector employees under federal occupational safety and health
20administration standards, except as otherwise provided in this paragraph.
21Notwithstanding ss. 35.93 and 227.21, if the standards adopted by the department
22are identical to regulations adopted by a federal agency, the standards need not be
23duplicated published in full in the Wisconsin administrative code and register as
24provided in ss. 35.93 and 227.21 if the identical federal regulations are made
25available to the public at a reasonable cost, and promulgated in accordance with ch.

1227, except s. 227.21, and distributed in accordance with s. 35.84. The department
2may provide to the legislative reference bureau one or more Web addresses to provide
3electronic access to any standards adopted under this paragraph for publication in
4conjunction with the publication of the Wisconsin administrative code and register
5under s. 35.93
.
AB40-ASA1,1600 6Section 1600. 101.09 (title) of the statutes is repealed.
AB40-ASA1,1601 7Section 1601. 101.09 (1) (intro.) of the statutes is renumbered 168.21 (intro.)
8and amended to read:
AB40-ASA1,916,9 9168.21 Definitions. (intro.) In this section subchapter:
AB40-ASA1,1602 10Section 1602. 101.09 (1) (a) of the statutes is renumbered 168.21 (1).
AB40-ASA1,1603 11Section 1603. 101.09 (1) (am) of the statutes is renumbered 168.21 (3).
AB40-ASA1,1604 12Section 1604. 101.09 (1) (b) of the statutes is renumbered 168.21 (4).
AB40-ASA1,1605 13Section 1605. 101.09 (1) (c) of the statutes is renumbered 168.21 (5).
AB40-ASA1,1606 14Section 1606. 101.09 (1) (cm) of the statutes is renumbered 168.21 (6).
AB40-ASA1,1607 15Section 1607. 101.09 (1) (d) of the statutes is renumbered 168.21 (7).
AB40-ASA1,1608 16Section 1608. 101.09 (2) (title) of the statutes is renumbered 168.22 (title).
AB40-ASA1,1609 17Section 1609. 101.09 (2) (a) of the statutes is renumbered 168.22 (1) and
18amended to read:
AB40-ASA1,916,2219 168.22 (1) Except as provided under pars. (b) to (d) subs. (2) to (5), every person
20who constructs, owns or controls a tank for the storage, handling or use of liquid that
21is flammable or combustible or a federally regulated hazardous substance shall
22comply with the standards adopted under sub. (3) s. 168.23.
AB40-ASA1,1610 23Section 1610. 101.09 (2) (b) of the statutes is renumbered 168.22 (2) and
24amended to read:
AB40-ASA1,917,2
1168.22 (2) This section subchapter does not apply to storage tanks which
2require a hazardous waste license under s. 291.25.
AB40-ASA1,1611 3Section 1611. 101.09 (2) (c) of the statutes is renumbered 168.22 (3) and
4amended to read:
AB40-ASA1,917,65 168.22 (3) This section subchapter does not apply to storage tanks which are
6installed above ground level and which are less than 5,000 gallons in capacity.
AB40-ASA1,1612 7Section 1612. 101.09 (2) (cm) (intro.) of the statutes is renumbered 168.22 (4)
8(intro.) and amended to read:
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