SB21: Bill Text

SB21,2597 Section 2597. 89.02 (3d) of the statutes is created to read:

SB21,1045,14 89.02 (3d) "Department" means the department of agriculture, trade and consumer protection.

SB21,2598 Section 2598. 89.063 of the statutes is created to read:

SB21,1045,19 89.063 Fees. The department shall determine by rule the fees for each initial license, certification, and permit issued under ss. 89.06 and 89.072, and, if applicable, for renewal of the license, certification, or permit, including late fees, based on the department's administrative and enforcement costs under this chapter.

SB21,2599 Section 2599. 89.085 of the statutes is created to read:

SB21,1045,23 89.085 Unauthorized practice. (1) The department may conduct investigations, hold hearings, and make findings as to whether a person has engaged in a practice or used a title without a credential required under this chapter.

SB21,1046,2 (2) If, after holding a public hearing, the department determines that a person has engaged in a practice or used a title without a required credential, the department may issue a special order enjoining the person from continuing the practice or use of the title.

SB21,1046,6 (3) In lieu of holding a public hearing, if the department has reason to believe that a person has engaged in a practice or used a title without a required credential, the department may petition the circuit court for a temporary restraining order or an injunction as provided in ch. 813.

SB21,1046,11 (4) (a) Any person who violates a special order issued under sub. (2) may be required to forfeit not more than $10,000 for each offense. Each day of continued violation constitutes a separate offense. The attorney general or any district attorney may commence an action in the name of the state to recover a forfeiture under this paragraph.

SB21,1046,14 (b) Any person who violates a temporary restraining order or an injunction issued by a court upon a petition under sub. (3) may be fined not less than $25 nor more than $5,000 or imprisoned for not more than one year in the county jail or both.

SB21,2600 Section 2600. 91.04 (intro.) of the statutes is amended to read:

SB21,1046,22 91.04 Department to report. (intro.) At least once every 2 years, beginning not later than December 31, 2011, the department shall submit a farmland preservation report to the board secretary of agriculture, trade and consumer protection and provide copies of the report to the department of revenue and the department of administration. The department shall prepare the report in cooperation with the department of revenue and shall include all of the following in the report:

SB21,2601 Section 2601. 92.025 (4) of the statutes is amended to read:

SB21,1047,2 92.025 (4) Interim goal; state-run farms. The soil erosion rate on individual cropland fields of farms owned or leased by the University of Wisconsin System Authority or any other department or agency of state government does not exceed the tolerable soil erosion level on or after July 1, 1990.

SB21,2602 Section 2602. 92.04 (2) (g) of the statutes is amended to read:

SB21,1047,6 92.04 (2) (g) Advise the University of Wisconsin System Authority. The board shall advise the University of Wisconsin System Authority annually on needed research and educational programs relating to soil and water conservation.

SB21,2603 Section 2603. 92.05 (3) (d) of the statutes is amended to read:

SB21,1047,10 92.05 (3) (d) Advise University of Wisconsin System Authority. The department shall advise the University of Wisconsin System Authority annually on developing research and educational programs relating to soil and water conservation.

SB21,2604 Section 2604. 92.07 (5) of the statutes is amended to read:

SB21,1047,17 92.07 (5) Educational and other programs. Each land conservation committee may encourage research and educational, informational and public service programs, advise the University of Wisconsin System Authority on educational needs and assist the University of Wisconsin System Authority and the department in implementing educational programs under ss. 36.25 (7), 59.56 (3) and 92.05.

SB21,2605 Section 2605. 93.02 of the statutes is amended to read:

SB21,1047,24 93.02 Staff. The secretary shall appoint all staff necessary for the carrying out of the duties of the department, all of whom shall be under the classified service except the deputy secretary, the assistant deputy secretary, and, subject to s. 230.08 (4) (a), the administrators of divisions. Each such deputy secretary, assistant deputy secretary, or administrator shall be appointed by the secretary with the approval of the board.

SB21,2606 Section 2606. 93.06 (14) of the statutes is created to read:

SB21,1048,5 93.06 (14) Cooperation and collaborative agreements. Promote cooperation and formal collaborative agreements among any of the following with regard to enforcement of the laws and regulations administered by the department, planning, priority setting, information and data sharing, reporting, resource allocation, funding, service delivery, and jurisdiction:

SB21,1048,6 (a) This state.

SB21,1048,7 (b) Local health departments.

SB21,1048,8 (c) Federally recognized American Indian tribes or bands located in this state.

SB21,1048,9 (d) The federal Indian health service.

SB21,2607 Section 2607. 93.07 (3) of the statutes is amended to read:

SB21,1048,23 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 Wisconsin Economic Development Corporation Forward Wisconsin Development Authority 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.

SB21,2608 Section 2608. 93.07 (5) of the statutes is amended to read:

SB21,1049,3 93.07 (5) Advice to university of Wisconsin system System Authority. To give advice to the state superintendent of public instruction as to the courses in agricultural economics to be given in the University of Wisconsin System Authority.

SB21,2609 Section 2609. 93.07 (18) (b) (intro.) of the statutes is amended to read:

SB21,1049,8 93.07 (18) (b) (intro.) In consultation with the Wisconsin Economic Development Corporation Forward Wisconsin Development Authority, to do all of the following for each economic development program administered by the department of agriculture, trade and consumer protection:

SB21,2610 Section 2610. 93.07 (20) (a) of the statutes is amended to read:

SB21,1049,12 93.07 (20) (a) The department shall coordinate any economic development assistance with the Wisconsin Economic Development Corporation Forward Wisconsin Development Authority.

SB21,2611 Section 2611. 93.07 (20) (b) of the statutes is amended to read:

SB21,1049,22 93.07 (20) (b) Annually, no later than October 1, to submit to the joint legislative audit committee and to the appropriate standing committees of the legislature under s. 13.172 (3) a comprehensive report assessing economic development programs, as defined in sub. (18) (a), administered by the department. The report shall include all of the information required under s. 238.07 235.016 (2). The department shall collaborate with the Wisconsin Economic Development Corporation Forward Wisconsin Development Authority to make readily accessible to the public on an Internet-based system the information required under this subsection.

SB21,2612 Section 2612. 93.07 (24) (e) of the statutes is created to read:

SB21,1050,2 93.07 (24) (e) To enforce the laws for the sanitary care of campgrounds and camping resorts, recreational and educational camps, public swimming pools, hotels, tourist rooming houses, vending machine commissaries, vending machines, and other persons or entities subject to regulation by the department.

SB21,2613 Section 2613. 93.135 (1) (a) of the statutes is renumbered 93.135 (1) (ag).

SB21,2614 Section 2614. 93.135 (1) (ab) of the statutes is created to read:

SB21,1050,5 93.135 (1) (ab) A license, certification, or permit under ch. 89.

SB21,2615 Section 2615. 93.135 (1) (km) of the statutes is amended to read:

SB21,1050,7 93.135 (1) (km) A license under s. 97.21 (2) or (3).

SB21,2616 Section 2616. 93.135 (1) (ng) of the statutes is created to read:

SB21,1050,9 93.135 (1) (ng) A certificate under s. 97.33.

SB21,2617 Section 2617. 93.135 (1) (nt) of the statutes is created to read:

SB21,1050,11 93.135 (1) (nt) A license under s. 97.605 (1) or 97.67 (1) or (2m).

SB21,2618 Section 2618. 93.20 (1) of the statutes is amended to read:

SB21,1050,15 93.20 (1) Definition. In this section, "action" means an action that is commenced in court by, or on behalf of, the department of agriculture, trade and consumer protection to enforce chs. 88, 89, 91 to 100, or 126.

SB21,2619 Section 2619. 93.22 (1) of the statutes is amended to read:

SB21,1050,18 93.22 (1) In cases arising under chs. 88, 89, and 93 to 100, the department may be represented by its attorney.

SB21,2620 Section 2620. 93.22 (2) of the statutes is amended to read:

SB21,1050,23 93.22 (2) The department may, with the approval of the governor, appoint special counsel to prosecute or assist in the prosecution of any case arising under chs. 88, 89, and 93 to 100. The cost of such special counsel shall be charged to the appropriation for the department.

SB21,2621 Section 2621. 93.22 (3) of the statutes is amended to read:

SB21,1051,6 93.22 (3) In any criminal or civil action under chs. 88, 89, and 93 to 100, any exception, exemption, proviso, excuse, or qualification contained in any of said chapters, or in any order, standard, or regulation thereunder, may be proved by the defendant, but need not be specified or negatived in the information or complaint, and, if so specified or negatived, no proof in relation to the matters so specified or negatived, shall be required of the plaintiff.

SB21,2622 Section 2622. 93.33 (4s) (c) of the statutes is amended to read:

SB21,1051,12 93.33 (4s) (c) Each of the individuals specified in s. 15.137 (2) (a) 8. and the chancellor of the University of Wisconsin-Extension, jointly or individually, shall annually prepare a review of agricultural education programs in the University of Wisconsin System, with input from or review by the University of Wisconsin System administration Authority.

SB21,2623 Section 2623 . 93.33 (5) (intro.) of the statutes is amended to read:

SB21,1052,2 93.33 (5) Annual report. (intro.) In September of each year, the council shall submit a report to the appropriate standing committees of the legislature as determined by the speaker of the assembly and the president of the senate, under s. 13.172 (3), the governor, the secretary of agriculture, trade and consumer protection, the state superintendent of public instruction, the secretary of workforce development, the secretary of natural resources, the chief executive officer of the Wisconsin Economic Development Corporation Forward Wisconsin Development Authority, the president of the University of Wisconsin System, the director of the technical college system, the chancellor of the University of Wisconsin-Extension, the chancellor of the University of Wisconsin-Madison, the chancellor of the University of Wisconsin-Platteville, the chancellor of the University of Wisconsin-River Falls, and the chancellor of the University of Wisconsin-Stevens Point. The council shall include all of the following in the report:

SB21,2624 Section 2624 . 93.33 (5) (intro.) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

SB21,1052,17 93.33 (5) Annual report. (intro.) In September of each year, the council shall submit a report to the appropriate standing committees of the legislature as determined by the speaker of the assembly and the president of the senate, under s. 13.172 (3), the governor, the secretary of agriculture, trade and consumer protection, the state superintendent of public instruction, the secretary of workforce development, the secretary of natural resources, the chief executive officer of the Forward Wisconsin Development Authority, the president of the University of Wisconsin System Authority, the director of the technical college system, the chancellor of the University of Wisconsin-Extension, the chancellor of the University of Wisconsin-Madison, the chancellor of the University of Wisconsin-Platteville, the chancellor of the University of Wisconsin-River Falls, and the chancellor of the University of Wisconsin-Stevens Point. The council shall include all of the following in the report:

SB21,2625 Section 2625. 93.42 (5) of the statutes is amended to read:

SB21,1052,21 93.42 (5) Cooperating with the Wisconsin Economic Development Corporation Forward Wisconsin Development Authority in promoting the state's products through the state's foreign trade offices.

SB21,2626 Section 2626. 93.46 (1m) (a) 2. of the statutes is amended to read:

SB21,1052,25 93.46 (1m) (a) 2. Coordinating the aquaculture activities of the department with the aquaculture activities of the department of natural resources and the University of Wisconsin System Authority.

SB21,2627 Section 2627. 93.46 (1m) (a) 3. of the statutes is amended to read:

SB21,1053,5 93.46 (1m) (a) 3. Conducting meetings on a quarterly basis between representatives of the department, the department of natural resources and the University of Wisconsin System Authority to exchange information regarding the progress of their efforts to promote commercial aquaculture in this state.

SB21,2628 Section 2628. 93.46 (1m) (c) of the statutes is amended to read:

SB21,1053,10 93.46 (1m) (c) The University of Wisconsin System shall Authority may, in cooperation with the commercial aquaculture industry, conduct applied and on-site research, outreach activities and on-site demonstrations relating to commercial aquaculture in this state.

SB21,2629 Section 2629. 93.59 of the statutes is created to read:

SB21,1053,17 93.59 Producer led watershed protection grants. (1) The department shall make grants for nonpoint source pollution abatement activities conducted with the assistance of producer led groups that comply with sub. (2). The department shall make a grant directly to the producer led group, except that, if the group is not a legal entity, the department may only make the grant to a legal entity on behalf of the group.

SB21,1053,19 (2) The department may provide a grant under sub. (1) if all of the following apply:

SB21,1053,23 (a) The producer led group includes at least 5 agricultural producers each of whom operates an eligible farm, as defined in s. 91.86 (1), in one watershed. The group may include additional agricultural producers who are not required to be operators of eligible farms.

SB21,1053,25 (b) The group is formed through a memorandum of understanding with the collaborating entity under par. (c).

SB21,1054,1 (c) The group collaborates with at least one of the following:

SB21,1054,2 1. The department.

SB21,1054,3 2. The department of natural resources.

SB21,1054,4 3. A county land conservation committee.

SB21,1054,6 4. The University of Wisconsin-Extension or the Discovery Farms program of the University of Wisconsin-Extension.

SB21,1054,7 5. A nonprofit conservation organization.

SB21,1054,9 (d) The group assists agricultural producers in the watershed under par. (a) to voluntarily conduct nonpoint source water pollution abatement activities.

SB21,1054,13 (3) A producer led group that receives, or on whose behalf a legal entity receives, a grant under this section shall annually file a report with the department describing the activities conducted with the grant and the impact of those activities on water quality in the watershed under sub. (2) (a).

SB21,1054,14 (4) The department may promulgate rules that do all of the following:

SB21,1054,15 (a) Define "legal entity" for the purposes of this section.

SB21,1054,16 (b) Specify the application process for a grant under this section.

SB21,1054,17 (c) Specify activities that may be conducted using a grant under this section.