AB75: Bill Text

AB75, s. 2013 Section 2013. 94.43 (3) (f) of the statutes is created to read:

AB75,1154,8 94.43 (3) (f) For gross sales that are $500,000 or more but less than $1,000,000: $750.

AB75, s. 2014 Section 2014. 94.43 (3) (g) of the statutes is created to read:

AB75,1154,11 94.43 (3) (g) For gross sales that are $1,000,000 or more but less than $10,000,000: $1,000.

AB75, s. 2015 Section 2015. 94.43 (3) (h) of the statutes is created to read:

AB75,1154,14 94.43 (3) (h) For gross sales that are $10,000,000 or more but less than $100,000,000: $1,500.

AB75, s. 2016 Section 2016. 94.43 (3) (i) of the statutes is created to read:

AB75,1154,16 94.43 (3) (i) For gross sales that are $100,000,000 or more: $2,500.

AB75, s. 2017 Section 2017. 94.44 of the statutes is amended to read:

AB75,1155,2 94.44 Records. Each person whose name is required to appear on the label as the labeler of agricultural or vegetable seeds pursuant to s. 94.39 under rules of the department shall maintain complete records of each lot of seed sold or labeled for a period of 2 years after final sale or disposition thereof of the seed, except that a file sample of such the seed need be kept for only one year. This and except that this section shall not be construed as requiring does not require a record of the sale or disposal of each portion of a lot sold at retail in quantities of less than 40 pounds. All records and samples pertaining to any lot of seed shall be accessible for inspection by the department during customary business hours.

AB75, s. 2018 Section 2018. 94.45 (intro.) and (1) to (5) of the statutes are renumbered 94.45 (1) (intro.) and (a) to (e).

AB75, s. 2019 Section 2019. 94.45 (6) of the statutes is repealed and recreated to read:

AB75,1155,6 94.45 (6) The department shall promulgate rules that do all of the following:

AB75,1155,8 (a) Prescribe standards for the labeling, distribution, and sale of agricultural seed and vegetable seed.

AB75,1155,10 (b) Govern methods of sampling, inspecting, analyzing, testing, and examining agricultural seed and vegetable seed.

AB75,1155,12 (c) Prescribe tolerances for purity and rate of germination of agricultural seed and vegetable seed.

AB75,1155,14 (d) Prescribe tolerances for the occurrence of noxious weed seeds in agricultural seed and vegetable seed.

AB75,1155,15 (e) Identify noxious weeds and prohibited noxious weeds.

AB75,1155,16 (f) Govern the issuance of seed labeler licenses.

AB75,1155,17 (g) Govern the administration and enforcement of ss. 94.38 to 94.46.

AB75, s. 2020 Section 2020. 94.681 (6) (a) 2. of the statutes is amended to read:

AB75,1155,25 94.681 (6) (a) 2. By March 31 of the year following the year in which the person stopped selling or distributing the pesticide product for use in this state, file a report with the department showing the gross revenue that the person derived from the sale of the pesticide product for use in this state from October 1 of the year before the year in which the person stopped selling or distributing the pesticide product to December 31 of the year in which the person stopped selling or distributing the pesticide product.

AB75, s. 2021 Section 2021. 95.55 (2) of the statutes is amended to read:

AB75,1156,5 95.55 (2) Application. A person shall register under this section using a form provided by the department. The form shall be accompanied by the fee applicable fees specified under sub. (3). Upon registration, the department shall issue the person a registration certificate.

AB75, s. 2022 Section 2022. 95.55 (3) (title) of the statutes is repealed and recreated to read:

AB75,1156,7 95.55 (3) (title) Registration fee; reinspection fee.

AB75, s. 2023 Section 2023. 95.55 (3) of the statutes is renumbered 95.55 (3) (a).

AB75, s. 2024 Section 2024. 95.55 (3) (b) of the statutes is created to read:

AB75,1156,13 95.55 (3) (b) 1. If the department reinspects the premises where farm-raised deer are kept because the department has found a violation of this chapter or rules promulgated under this chapter, the department shall charge the person registered under this section the reinspection fee specified under subd. 2.

AB75,1156,17 2. The department shall specify the reinspection fee to be charged under subd. 1. by rule. The reinspection fee may not exceed the reasonable costs to reinspect the premises. The department may specify different reinspection fees for different premises.

AB75,1156,21 3. A reinspection fee under this paragraph is payable when the reinspection is completed, and is due upon written demand from the department. The department may issue a demand for payment when it issues a registration renewal application form to the person registered to keep farm-raised deer under this section.

AB75, s. 2025 Section 2025. 95.60 (4) (a) of the statutes is amended to read:

AB75,1156,25 95.60 (4) (a) The department shall may inspect a fish farm upon initial registration under sub. (3m). The department may inspect a fish farm and at any other time.

AB75, s. 2026 Section 2026. 95.60 (5) of the statutes is amended to read:

AB75,1157,4 95.60 (5) The department shall, by rule, specify the fees for permits, certificates, registration and inspections under this section, including any reinspection fees required under sub. (5m).

AB75, s. 2027 Section 2027. 95.60 (5m) of the statutes is created to read:

AB75,1157,9 95.60 (5m) (a) If the department reinspects a fish farm because the department has found a violation of this chapter or rules promulgated under this chapter, the department shall charge the fish farm operator the reinspection fee specified under par. (b).

AB75,1157,13 (b) The department shall specify the reinspection fee to be charged under par. (a) by rule. The reinspection fee may not exceed the reasonable costs to reinspect the fish farm. The department may specify different reinspection fees for different fish farms.

AB75,1157,17 (c) A reinspection fee under this subsection is payable when the reinspection is completed, and is due upon written demand from the department. The department may issue a demand for payment when it issues a registration renewal application form to the fish farm operator.

AB75, s. 2028 Section 2028. 95.68 (4) of the statutes is repealed and recreated to read:

AB75,1157,20 95.68 (4) License fee; reinspection fee. (a) The department shall, by rule, specify the fee for an animal market license issued under this section.

AB75,1157,24 (b) 1. If the department reinspects an animal market because the department has found a violation of this chapter or rules promulgated under this chapter, the department shall charge the animal market operator the reinspection fee specified under subd. 2.

AB75,1158,4 2. The department shall specify the reinspection fee to be charged under subd. 1. by rule. The reinspection fee may not exceed the reasonable costs to reinspect the animal market. The department may specify different reinspection fees for different animal markets.

AB75,1158,8 3. A reinspection fee under this paragraph is payable when the reinspection is completed, and is due upon written demand from the department. The department may issue a demand for payment when it issues a license renewal application form to the animal market operator.

AB75, s. 2029 Section 2029. 95.68 (8) of the statutes is amended to read:

AB75,1158,16 95.68 (8) Rules. The department may promulgate rules to specify license fees under sub. (4) or to regulate the operation of animal markets, including rules related to market operator qualifications, market construction and maintenance, construction and maintenance of animal transport vehicles, identification of animal transport vehicles, disease sanitation, humane treatment of animals, identification of animals, record keeping, reports to the department and compliance with applicable financial security requirements under state or federal law.

AB75, s. 2030 Section 2030. 95.69 (4) (title) of the statutes is repealed and recreated to read:

AB75,1158,18 95.69 (4) (title) License fee; reinspection fee.

AB75, s. 2031 Section 2031. 95.69 (4) of the statutes is renumbered 95.69 (4) (a) and amended to read:

AB75,1158,22 95.69 (4) (a) Unless the The department specifies a different fee shall, by rule, specify the fee for an animal dealer license is $75 issued under this section.

AB75, s. 2032 Section 2032. 95.69 (4) (b) of the statutes is created to read:

AB75,1159,2 95.69 (4) (b) 1. If the department reinspects an animal dealer operation because the department has found a violation of this chapter or rules promulgated under this chapter, the department shall charge the animal dealer the reinspection fee specified under subd. 2.

AB75,1159,6 2. The department shall specify the reinspection fee to be charged under subd. 1. by rule. The reinspection fee may not exceed the reasonable costs to reinspect the animal dealer operation. The department may specify different reinspection fees for different animal dealer operations.

AB75,1159,10 3. A reinspection fee under this paragraph is payable when the reinspection is completed, and is due upon written demand from the department. The department may issue a demand for payment when it issues a license renewal application form to the animal dealer.

AB75, s. 2033 Section 2033. 95.69 (8) of the statutes is amended to read:

AB75,1159,18 95.69 (8) Rules. The department may promulgate rules to specify license fees under sub. (4) or to regulate animal dealers, including rules related to animal dealer qualifications, construction and maintenance of animal transport vehicles, identification of animal transport vehicles, disease sanitation, humane treatment of animals, identification of animals, record keeping, reports to the department and compliance with applicable financial security requirements under state or federal law.

AB75, s. 2034 Section 2034. 95.71 (5) of the statutes is amended to read:

AB75,1159,24 95.71 (5) Fees License fee; registration fee; reinspection fee. (a) Unless the The department specifies different fees shall, by rule, an applicant for an animal trucker license shall pay a specify the fee in an amount equal to $20 plus $5 for each animal transport vehicle registered with the applicant's for an animal trucker license application under sub. (3) issued under this section.

AB75,1160,6 (b) The department shall, by rule, specify the fee to be paid for each animal transport vehicle registered under sub. (4). If during any license year an animal trucker registers an animal transport vehicle that was not registered with the animal trucker's annual license application under sub. (3), the animal trucker shall, pay the fee required under this paragraph at the time of the additional registration, pay a registration fee of $5 for each animal transport vehicle registered.

AB75, s. 2035 Section 2035. 95.71 (5) (c) of the statutes is created to read:

AB75,1160,11 95.71 (5) (c) 1. If the department reinspects an animal trucker operation because the department has found a violation of this chapter or rules promulgated under this chapter, the department shall charge the animal trucker the reinspection fee specified under subd. 2.

AB75,1160,15 2. The department shall specify the reinspection fee to be charged under subd. 1. by rule. The reinspection fee may not exceed the reasonable costs to reinspect the animal trucker operation. The department may specify different reinspection fees for different animal trucker operations.

AB75,1160,19 3. A reinspection fee under this paragraph is payable when the reinspection is completed, and is due upon written demand from the department. The department may issue a demand for payment when it issues a license renewal application form to the animal trucker.

AB75, s. 2036 Section 2036. 95.71 (8) of the statutes is amended to read:

AB75,1161,2 95.71 (8) Rules. The department may promulgate rules to specify license fees under sub. (5) or to regulate animal truckers, including rules related to animal trucker qualifications, construction and maintenance of animal transport vehicles, identification of animal transport vehicles, disease sanitation, humane treatment of animals, identification of animals, record keeping, reports to the department and compliance with applicable financial security requirements under state or federal law.

AB75, s. 2037 Section 2037. 95.85 of the statutes is created to read:

AB75,1161,4 95.85 Animal slaughter assessment. (1) Definitions. In this section:

AB75,1161,5 (a) "Calves" means bovine animals that are not more than 6 months of age.

AB75,1161,6 (b) "Cattle" means bovine animals that are more than 6 months of age.

AB75,1161,8 (c) "Establishment" means a plant where cattle, calves, swine, or poultry are slaughtered for commercial sale for human consumption.

AB75,1161,12 (2) Assessment. For each animal of a kind specified in this subsection that is slaughtered in an establishment, the person operating the establishment shall pay to the department an assessment equal to the following, except as provided under sub. (6):

AB75,1161,13 (a) Fourteen cents for swine.

AB75,1161,14 (b) Fourteen cents for cattle.

AB75,1161,15 (c) Ten cents for calves.

AB75,1161,16 (d) One cent for poultry.

AB75,1161,20 (3) Reporting and payment. (a) A person operating an establishment shall submit to the department the quarterly report described in par. (b) and quarterly payment of the assessment under sub. (2) according to the following schedule, except as provided under sub. (6):

AB75,1161,21 1. For January to March, by April 30.

AB75,1161,22 2. For April to June, by July 31.

AB75,1161,23 3. For July to September, by October 31.

AB75,1161,24 4. For October to December, by January 31.

AB75,1162,5 (b) A person operating an establishment shall submit a quarterly report that identifies the number of each type of animal described in sub. (2) slaughtered in the establishment in the previous quarter. The department may require additional information relevant to the assessment. The department shall keep confidential the information submitted under this subsection.

AB75,1162,13 (c) A person who submits a quarterly report and payment of the assessment after the due date shall pay the department, in addition to the assessment, a surcharge equal to 1 percent of the assessment due for each month or fraction of a month that the payment is late. A person who submits a quarterly report that understates the number of animals slaughtered in an establishment and submits payment based on the inaccurate report shall pay the department a surcharge equal to 1 percent of the amount of the underpayment for each month or fraction of a month that the payment is late.

AB75,1162,21 (4) License contingent on payment of assessment. The department may not issue or renew a license related to the slaughter of animals for any establishment until the operator of the establishment pays any assessments and surcharges that are due under this section. The department shall refund an assessment or surcharge paid under protest if the department determines that the assessment or surcharge was not due as a condition of licensing under this subsection. If an assessment or surcharge is paid by check, a license issued in reliance upon that check is void if the check is not honored.

AB75,1162,25 (5) Inspection of records. The department may inspect, during regular business hours, any records that relate to this section. The department shall keep confidential any information obtained under this subsection concerning the number of animals slaughtered in an establishment.

AB75,1163,3 (6) Rules. The department may promulgate rules for the administration of this section, including rules that modify the amount of the assessment under sub. (2) and rules that modify the schedule for reporting and payment under sub. (3) (a).

AB75,1163,6 (7) Penalty. A person who submits a report under sub. (3) that understates the number of animals slaughtered in an establishment may be required to forfeit not less than $500 nor more than $1,000 for each inaccurate report.

AB75, s. 2038 Section 2038. 98.16 (title) of the statutes is amended to read:

AB75,1163,9 98.16 (title) Licensing of vehicle Vehicle scale operators; scale installation and testing.

AB75, s. 2039 Section 2039. 98.16 (2) (title) of the statutes is amended to read: