AB150: Bill Text

AB150,1258,9 (c) To inspect any milk, butter, cheese, lard, syrup, coffee, tea or other article of food, drink or, condiment or drug made or offered for sale within this state which it may suspect or have reason to believe to be impure, unhealthful, misbranded, adulterated or counterfeit, or in any way unlawful, and to.

AB150,1258,14 (d) To prosecute or cause to be prosecuted any person engaged in the manufacture or sale, offering or exposing for sale or having in possession with intent to sell, of any adulterated dairy product or of any adulterated, misbranded, counterfeit, or otherwise unlawful article or articles of food, drink, condiment or drug.

AB150, s. 3558 Section 3558. 93.07 (24) (b) of the statutes is repealed.

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

AB150,1259,10 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 he or she shall draw its his or her warrant and the state treasurer 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, s. 3560 Section 3560. 93.40 (3) (b) of the statutes is amended to read:

AB150,1259,15 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 and parks tourist information centers along major highways into the state.

AB150, s. 3561 Section 3561. 93.41 (2m) of the statutes is repealed.

AB150, s. 3562 Section 3562. 93.41 (3) of the statutes is repealed.

AB150, s. 3563 Section 3563. 93.42 (title) of the statutes is repealed.

AB150, s. 3564 Section 3564. 93.42 (1) (intro.) and (a) to (d) of the statutes are renumbered 560.03 (12) (intro.) and (a) to (d), and 560.03 (12) (intro.), as renumbered, is amended to read:

AB150,1259,25 560.03 (12) (intro.) The department shall establish Establish and operate a center for international agribusiness marketing. The center shall promote the export of this state's agricultural and agribusiness products in foreign markets by doing all of the following:

AB150, s. 3565 Section 3565. 93.42 (1) (e) of the statutes is repealed.

AB150, s. 3566 Section 3566. 93.42 (2) of the statutes is repealed.

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

AB150,1260,8 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, s. 3568 Section 3568. 93.60 of the statutes is amended to read:

AB150,1260,21 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, s. 3569 Section 3569 . 93.60 of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

AB150,1261,10 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, s. 3570 Section 3570. 94.29 of the statutes is amended to read:

AB150,1262,3 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, s. 3571 Section 3571. 94.64 (9) (i) of the statutes is created to read:

AB150,1262,6 94.64 (9) (i) Regulating the use of nitrogen fertilizer, including rates, times and other conditions of use, to prevent contamination of groundwater and surface water.

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

AB150,1262,10 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, s. 3573 Section 3573. 94.705 (1) (title) of the statutes is amended to read:

AB150,1262,12 94.705 (1) (title) Certification requirements; fees.

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

AB150,1262,25 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, s. 3575 Section 3575. 95.001 (1) (a) of the statutes is amended to read:

AB150,1263,3 95.001 (1) (a) "Net salvage value" means the salvage value of an animal plus any federal indemnity paid for the animal.

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

AB150, s. 3577 Section 3577. 95.21 (4) (b) of the statutes is amended to read:

AB150,1263,15 95.21 (4) (b) Sacrifice of other animals. An officer may order killed or may kill an animal other than a dog or cat if the officer has reason to believe that the animal bit a person or is infected with rabies. If livestock Except as provided in s. 95.36, if an animal of a species raised primarily to produce food for human consumption is killed under this paragraph, the owner is eligible for an indemnity payment in an amount equal to the indemnity provided under this chapter for livestock destroyed because of unknown or unidentified diseases s. 95.31 (3). If the decision is made by an employe of the department, the indemnity shall be paid from the appropriation under s. 20.115 (2) (b). If the decision is made by another officer, the indemnity shall be paid from the dog license fund.

AB150, s. 3578 Section 3578. 95.25 (5) of the statutes is amended to read:

AB150,1263,23 95.25 (5) For each animal of a species raised primarily to produce food for human consumption, including commercially raised deer, condemned and slaughtered, unless otherwise provided by law except as provided in s. 95.36, the owner shall receive and, upon certificate of the department, the state shall pay two-thirds of the difference between the net salvage value and the appraised or agreed value of the animal, but such the payment may not exceed $600 $1,500 for an animal.

AB150, s. 3579 Section 3579. 95.25 (5m) of the statutes is amended to read:

AB150,1264,3 95.25 (5m) In this subsection section, "commercially raised deer" means an animal that is a member of the family cervidae and of the genus cervus or the genus dama and that is commercially raised for breeding or for use as food by humans.

AB150, s. 3580 Section 3580. 95.26 (5m) of the statutes is created to read:

AB150,1264,6 95.26 (5m) (a) In this subsection, "commercially raised deer" has the meaning given in s. 95.25 (5m).

AB150,1264,8 (b) The department may obtain blood or tissue samples from swine and commercially raised deer to test for brucellosis.

AB150,1264,11 (c) The department may condemn swine and commercially raised deer that are reactors to the brucellosis test and may quarantine the herd from which the reactors come.

AB150, s. 3581 Section 3581. 95.26 (7) of the statutes is amended to read:

AB150,1264,20 95.26 (7) For each animal condemned and slaughtered, unless otherwise provided by law except as provided in ss. 95.36 and 95.48, the owner shall receive and, upon certificate of the department, the state shall pay two-thirds of the difference between the net salvage value and the appraised or agreed value of the animal, but such the payment shall may not exceed $300 $1,500 for an animal. With the consent of the owner the department may condemn, in infected herds, animals which have been exposed and which are suspected of being infected, although such the animals have not reacted to the brucellosis tests.

AB150, s. 3582 Section 3582. 95.27 (4) of the statutes is amended to read:

AB150,1265,2 95.27 (4) Subject to sub. (5) and s. 95.36, the department shall indemnify from state or federal funds the owner of swine that have been condemned and destroyed under this section. The department shall pay to the owner for each animal destroyed the difference between the net salvage value and the appraised value of the animal, but the payment may not exceed $1,500 for an animal. State payments shall be made from the appropriation under s. 20.115 (2) (b).

AB150, s. 3583 Section 3583. 95.31 (2) of the statutes is amended to read:

AB150,1265,13 95.31 (2) Whenever the department determines that it is deemed necessary by the department to condemn diseased animals, the department shall, in all cases where the payment of indemnities is authorized under this chapter, appraise the condemned animals and agree in writing with the owner as to the value of the animals condemned or destroyed. In the absence of an agreement with the owner, written notice of the condemnation shall be given to the owner, his or her agent or the person in charge of the animals, and to the circuit court of the county in which the animals are located as provided in s. 95.32 and shall notify the owner in writing of the appraised value. The notice shall include the number and description of the animals and the name of the owner.

AB150, s. 3584 Section 3584. 95.31 (3) of the statutes is amended to read:

AB150,1266,2 95.31 (3) In addition to the indemnities for specific animal diseases provided under ss. 95.25, 95.26, and 95.27 and 95.35 or under special emergency programs and subject to s. 95.36, the department shall pay indemnities on livestock condemned and destroyed because of unknown or unidentified contagions or infections, the cause or nature of which cannot be fully determined at the time of condemnation. Indemnities for unknown or unidentified diseases shall be equal to other diseases if the condemnation and destruction is necessary to protect public health or the livestock industry. The indemnity under this subsection shall be two-thirds of the difference between net salvage value and appraised or agreed values value, but may not to exceed $600 $1,500 for an animal. As used in this subsection, "livestock" means bovines, equines, swine, sheep, goats, poultry and animals of species raised primarily to produce food for human consumption, including commercially raised deer, as defined in s. 95.25 (5m).

AB150, s. 3585 Section 3585. 95.31 (4) of the statutes is amended to read:

AB150,1266,15 95.31 (4) In the event of a major or serious outbreak of dangerous diseases affecting the health of domestic animals requiring special control measures, the department may request the joint committee on finance to release funds appropriated under s. 20.115 (2) (b) as needed to conduct emergency control programs independently or in cooperation with federal or local units of government and, subject to s. 95.36, to pay indemnities on animals of species raised primarily to produce food for human consumption, including commercially raised deer, as defined in s. 95.25 (5m), condemned and slaughtered or destroyed under the emergency control programs. For all indemnities paid under this subsection, the state shall pay two-thirds of the difference between the net salvage value and the appraised value of an animal, except that no payment may exceed the maximum amount prescribed by the department for the species type of the destroyed animal $1,500 for an animal.

AB150, s. 3586 Section 3586. 95.32 of the statutes is repealed and recreated to read:

AB150,1266,19 95.32 Appraised value. (1) The department shall determine the appraised value of an animal that is destroyed under s. 95.21 (4) (b), 95.25, 95.26, 95.27 or 95.31 (3) or (4) if the animal's owner is eligible for an indemnity.

AB150,1266,23 (2) Except as provided in sub. (3), the appraised value for an animal that is of an animal type that is frequently sold at public auction shall equal the average price paid for a commercial grade animal of the same animal type at public auction sales during a period specified by the department.

AB150,1267,3 (3) The appraised value of a registered purebred animal of an animal type that is frequently sold at public auction shall equal 125% of the amount determined under sub. (2) for that animal type.

AB150,1267,6 (4) Using a method specified under sub. (5) (c), the department shall determine the appraised value of an animal of an animal type that is not frequently sold at public auction.

AB150,1267,10 (5) (a) The department shall promulgate rules specifying animal types for the purposes of this section. The animal types may be based on characteristics of animals that include species, gender and age. The rules shall specify whether each animal type is frequently sold at public auction.

AB150,1267,14 (b) The department shall promulgate rules specifying the period of public auction sales that will be used in the appraisal of each animal type to which sub. (2) applies. The period may not begin more than 6 months before the date on which the department makes the appraisal.

AB150,1267,18 (c) The department shall promulgate rules specifying methods for determining the appraised value of animals of animal types that are not frequently sold at public auction. The methods shall be as consistent as possible with the method under sub. (2).

AB150, s. 3587 Section 3587. 95.35 (1) of the statutes is amended to read:

AB150,1267,24 95.35 (1) In the eradication and control of scrapie, the department may, whenever such action is necessary to prevent or reduce the spread of the disease, condemn and order the destruction of any sheep or goats which in the opinion of the department are infected with or have been exposed to scrapie and pay indemnities to the owner of the animals under this section.

AB150, s. 3588 Section 3588. 95.35 (3) of the statutes is amended to read:

AB150,1268,4 95.35 (3) The department may enter into cooperative agreements with the federal government or any department or other agency for the control and eradication of scrapie in this state, including the sharing of payments for indemnities authorized by this section.

AB150, s. 3589 Section 3589. 95.35 (4) of the statutes is repealed.

AB150, s. 3590 Section 3590. 95.35 (5) of the statutes is repealed.

AB150, s. 3591 Section 3591. 95.37 (1) of the statutes is amended to read:

AB150,1268,21 95.37 (1) Claims against the state arising from the condemnation of animals shall be made by delivering to the department, to be forwarded to the department of administration, a copy of the condemnation notice, and of the notice to the circuit court and return of the appraisers certified by the court a request, giving the name and place of residence of the owner, the date on which such the animals were condemned and the tag number of each animal, and also a statement of the salvage received and of the sum due from the state and any additional information as that the department requires. If the value was fixed by agreement the claim shall be made by delivering to the department to be forwarded to the department of administration the agreement or a sworn copy thereof and a statement of the salvage received and of the amount due from the state and any additional information demanded. The department shall promptly transmit all claims to the department of administration and accompany the same with a report of the sum due from the state and thereupon the claims may be audited and paid.

AB150, s. 3592 Section 3592. 95.51 of the statutes is repealed.

AB150, s. 3593 Section 3593. 95.64 of the statutes is repealed.

AB150, s. 3594 Section 3594. 95.65 of the statutes is repealed.

AB150, s. 3595 Section 3595. 95.66 of the statutes is repealed.

AB150, s. 3596 Section 3596. 95.99 (3) of the statutes is created to read:

AB150,1269,8 95.99 (3) A person who violates this chapter or any rule promulgated or order issued under this chapter, for which a specific penalty is not prescribed, may be required to forfeit not less than $200 nor more than $5,000 for the first offense and may be required to forfeit not less than $400 nor more than $5,000 for the 2nd or subsequent offense committed within 5 years of an offense for which a penalty has been assessed under this section. A forfeiture under this subsection is in lieu of a criminal penalty under sub. (1).

AB150, s. 3597 Section 3597. 96.17 (6) of the statutes is amended to read:

AB150,1269,17 96.17 (6) If a handler is not a resident or is not authorized to do business in this state, the handler may designate an agent upon whom service of process may be made in this state. The agent shall be a resident of this state or a corporation authorized to do business in this state. The designation shall be in writing and filed with the secretary of state department of revenue. If no designation is made and filed or if process cannot be served in this state upon the designated agent, after reasonable effort, process may be served upon the secretary of state department of revenue.

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

AB150,1270,2 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, s. 3599 Section 3599. 97.30 (3) (c) of the statutes is amended to read:

AB150,1270,12 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, s. 3600 Section 3600. 99.02 (3) (e) of the statutes is created to read:

AB150,1270,20 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, s. 3601 Section 3601. 100.03 (8) (bm) 3. of the statutes is amended to read:

AB150,1270,24 100.03 (8) (bm) 3. The security interest under subd. 1. d. shall be properly created, and shall be filed by the trustee with the secretary of state department of financial institutions under ch. 409.

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

AB150,1271,3 100.201 (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:

AB150,1271,4 a. The sales are at wholesale or retail.

AB150,1271,5 b. The sales are made to persons in this state.