93.21(6)(a)
(a) May be fined not more than $10,000 or imprisoned for not more than one year in the county jail or both.
93.21(6)(b)
(b) In lieu of the penalty under
par. (a), may be required to forfeit not more than $10,000.
93.22
93.22
Enforcement provisions. 93.22(1)
(1) In cases arising under
chs. 88 and
93 to
100, the department may be represented by its attorney.
93.22(2)
(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 and
93 to
100. The cost of such special counsel shall be charged to the appropriation for the department.
93.22(3)
(3) In any criminal or civil action under
chs. 88 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.
93.23(1)(1)
State aid to county fairs and agricultural societies. State aid appropriated by
s. 20.115 (4) (b) to counties and agricultural societies, associations or boards shall be paid subject to the following conditions:
93.23(1)(a)1.1. To each county, and any such organized agricultural society, association, or board in the state, 95% of the first $8,000 actually paid in net premiums and 70% of all net premiums paid in excess of $8,000 at its annual fair upon livestock, articles of production, educational exhibits, agricultural implements and tools, domestic manufactures, mechanical implements and productions; but no one premium so paid shall exceed the sum of $35 to a single person, or $75 for any town or other group premium. No fair, association, or board shall receive state aid unless its premium list, entry fees, and charges conform to uniform premium lists and other rules established under
subd. 2., both as to premiums offered, amounts to be paid, entry fees to be charged, and all other charges for exhibiting.
93.23(1)(a)2.
2. In order to have a more equitable distribution of state aid among fairs and to effect wider participation and interest by the public in exhibits, the department may prescribe uniform premium lists setting forth classes of exhibits which will be approved for the purposes of state aid, premium awards in such classes and entry qualifications, fees and charges for exhibitors. All fairs shall receive aid in the same manner and there may be no restrictions on the number of fairs at which an exhibitor may participate and be eligible to receive state-aided premium awards.
93.23(1)(b)
(b) Except as provided in
par. (c), state aid shall be paid on the premiums awarded at only one fair in each county. If the county conducts a fair such state aid shall be paid to the county. If the county does not conduct a fair such state aid shall be paid to the one society, board or association which conducts a fair and is designated by the county board.
93.23(1)(c)
(c) All societies, boards and associations which received state aid in 1950 shall continue to remain eligible therefor so long as they continue to operate a fair each year in conformity with the applicable law and the regulations.
93.23(1)(d)
(d) The proper officers of each county agricultural society, association or board entitled to state aid under this subsection shall submit to the department a complete accounting system for such society, association or board and no state aid shall be paid to such society, association or board until a satisfactory system of accounts has been approved by the department, and installed according to its instructions. Such officers shall, within 120 days after any fair held by their organization, cause to be made and published as a class 1 notice, under
ch. 985, in the county in which the fair is held, a financial statement showing the financial condition of the organization before and after the fair unless such fair is owned and operated by a county, in which case the financial statement shall be published as part of the county board proceedings after the approval thereof by the county board. Such financial statement shall include all receipts, disbursements, accounts receivable and accounts payable in connection with the operation of the fair as the department requires.
93.23(1)(e)
(e) Not later than 30 days after the close of the fair each year the county clerk, or the person appointed therefor by the county board, agricultural society, association or board claiming state aid, shall file with the department, on blanks provided by it, an itemized statement verified on oath, showing net premiums actually paid or to be paid at the preceding fair, which premiums must correspond with uniform premium lists and other requirements under
par. (a). This report shall also include a statement that at such fair all gambling devices whatsoever, the sale of intoxicating liquors excepting fermented malt beverages, and exhibitions of immoral character were prohibited and excluded from the fairgrounds and all adjacent grounds under their authority or control; and on or before December 31 of the year in which the fair is held, the person filing shall furnish the department a statement of receipts and disbursements, attendance and such other information as the department requires. Upon receipt of the required report, each fair shall be paid 100%, or the prorated percentage, of the aid due the preceding year.
93.23(1)(f)
(f) If it appears from such report, and the department shall be satisfied that such county agricultural fairs have been maintained pursuant to the rules and regulations prescribed by it, and that the premiums are the net amount actually paid or to be paid in cash to bona fide exhibitors, it shall certify to the department of administration in favor of each such county agricultural society, association or board the amounts due under the provisions of
par. (a) and the department of administration shall then audit such report. If it appears from any such report that any premiums have been paid to other than bona fide exhibitors, or that premiums have been paid or used in any way contrary to the intent of this subsection, then the department may withhold payment of such state aid until suitable adjustment is made.
93.23(1)(g)
(g) The department may visit and inspect, when necessary, the records, grounds, buildings, or other property of any society, association, or board receiving state aid under this subsection, and it shall have access to the grounds, buildings, and records at all times.
93.23(1)(h)
(h) The department shall annually submit to the governor a detailed statement showing receipts and disbursements of each fair receiving state aid, together with a classified statement of premiums paid, and the amount of state aid claimed and allowed.
93.23(1)(i)
(i) Incorporated dairy or livestock associations, upon substantial compliance with
pars. (a) to
(h), shall be entitled to the state aid therein provided for upon premiums paid for dairy products or livestock or upon articles pertaining to the production or manufacture of such products or the raising of such livestock, in any county in which no annual fair is held by any organized agricultural society, association or board. State aid shall be paid to but one such dairy or livestock association in any one county. All moneys received by any such association shall be paid out by it for the premiums provided for in this subsection substantially as provided in
sub. (2).
93.23(1)(j)
(j) To each county, and any such organized agricultural society, association or board in the state, for the purpose of encouraging and fostering the breeding, development and improvement of standard bred horses in this state, 50% of each purse of $400 and 50% of each purse of $500 paid by it to the owners of the successful contestants in a 2-year-old trot, 2-year-old pace, 3-year-old trot and 3-year-old pace. Any such organization may stage any or all of said events but shall not receive state aid for more than one each of said events in any calendar year. No colt shall be eligible to enter or start therein unless owned by one or more duly qualified electors of this state or trained continuously within the state for not less than 60 days prior to June 15 of the year in which the event is contested. No 2-year-old or 3-year-old colt shall be eligible to enter or start therein, unless owned, raised and trained by one or more duly qualified electors of this state, and unless it is the foal of a mare owned at the time of foaling by one or more qualified electors of this state. Required number of entries and starters shall be 6 to enter and 4 to start. An owner may enter any number of colts but shall not be allowed to start more than 2 colts in the same event. Entry fees for each colt shall not exceed 2% of the purse and shall be payable on or before a closing date to be fixed by the organization. The organization may, at its option, increase any such purse and may also add the entrance money to the purse and divide such added sums among the starters as it sees fit. Money divisions and conditions other than those herein prescribed shall be uniform throughout the state and shall be fixed annually for the next succeeding year by a joint resolution adopted by the boards of directors of the Wisconsin breeders and harness horse association and Wisconsin association of fairs, and certified to the department on or before December 31 in each year. If the boards of directors of said associations fail in any year to adopt and certify said resolution as aforesaid, then such money divisions and conditions for the next succeeding year shall be fixed by the department. On or before December 31 in each year, the county clerk, or the person therefor appointed by the society, association or board claiming state aid, shall file with the department, on blanks provided by it, a statement, verified on oath, showing a true and correct summary of the results of each colt event, the name and address of, and the amount paid to, the owner of each colt, and that the event was in all things conducted as herein provided. Thereupon, state aid shall be certified and paid as provided by
par. (f).
93.23(2)
(2) Use of funds. Subject to
sub. (1), all moneys received by any such society, association or board, either from the state or any other source, after paying the necessary incidental expenses thereof, shall be paid out annually, by bank check or draft, in each individual case, for premiums awarded, in such sums as its bylaws, rules and regulations shall direct, on such live animals, articles of production, educational exhibits, agricultural implements and tools, domestic manufactures, mechanical implements and productions as are the growth and manufacture of the district which such society, association or board represents, but livestock, the growth of any other county, state or country, may receive the same premiums as those which are the growth of the district where fair is located, should the society, association or board governing so decide. Provided, that moneys received by any such society, association or board from a source other than from the state, may be paid out for trials or exhibitions of speed, or other contests, for which published premiums have been offered.
93.23(3)
(3) Entry fee to exhibit may be charged. Any board, fair association, society or other agency conducting an agricultural fair or exhibition may charge an entry fee for each exhibit which shall not exceed 10% of the total amount of the value of the premiums offered for the class of which such proposed exhibit will be a part if entered.
93.23(4)
(4) Police power. The department and the principal officers of the Northern Wisconsin state fair and of any county agricultural or industrial society have full jurisdiction and control of the grounds on which the department or society may exhibit, and all the streets and alleys and other grounds adjacent to the grounds during exhibitions, so far as may be necessary to exclude from there all other exhibitions, booths, stands or other temporary places for the retail or sale of any kind of alcohol beverages or other articles that they deem objectionable. The department, the president of any such society, or, in the president's absence, any vice president, may appoint necessary police officers to assist in preserving the peace and enforcing the regulations upon the ground and adjacent streets, who, for this purpose, shall have all the powers of a constable and be entitled to similar fees.
93.23(5)
(5) Action to recover entrance fee. Any person entering any horse for any race under the auspices of any agricultural society shall be liable to such society for the entrance fee which shall be due and payable at the time the race shall be called for which such horse is entered; and upon failure to pay such fee when due such society may maintain an action therefor against the person so entering such horse. No horse entered in any race shall be exempt from execution or attachment issued in an action brought for the recovery of the whole or any part of such entrance fee.
93.23(6)
(6) Fraud as to record or name of horse. 93.23(6)(a)(a) No person shall knowingly enter or cause to be entered, drive or ride in competition for any purse or prize offered by any agricultural, trotting, racing, industrial or other corporation or association, or by any person any horse under an assumed name or out of its proper class where such purse or prize is to be decided by a contest of speed nor shall any person knowingly misrepresent or fraudulently conceal the public performance, in any former contest or trial of speed, of any horse which the person enters or proposes to enter for competition in any such contest.
93.23(6)(b)
(b) The name of any horse for the purpose of entering the same in competition within the meaning of this section shall be that by which such animal has once contested for a purse or prize except as provided by the code or printed rules of the corporation or association under which the contest for which any subsequent entry of such animal is advertised to be conducted; and the class to which any such animal belongs for the purpose of being entered in a contest of speed within the meaning of this section shall be determined by its public performance in any previous contest or trial of speed as provided by the printed rules under which the contest was conducted. The penalty provided for knowingly misrepresenting or fraudulently concealing the public performance in any former contest of any such animal shall be imposed whether the person guilty thereof succeeds or fails in an attempt to make an entry thereof.
93.23(7)
(7) False premium list or statement. No officer of any organized agricultural society, association or board in this state, in pretended compliance with
sub. (1), shall wilfully make or file any false or fraudulent list or statement.
93.23(8)
(8) Penalties. Any person violating this section may be fined not more than $200 or imprisoned not more than 6 months or both.
93.29
93.29
Exposition center grants. 93.29(1)
(1) Beginning in fiscal year 1994-95, the department may grant $240,000 in each fiscal year to Dane County to assist Dane County in paying for the expansion of and ongoing costs of operating an exposition center and for the costs of hosting the world dairy expo at the exposition center if all of the following conditions are met:
93.29(1)(a)
(a) Dane County completes the expansion of the exposition center before June 1, 1995.
93.29(1)(b)
(b) Dane County enters into a written agreement with the department, before receiving the grant proceeds in each fiscal year, that specifies the conditions for the use of the grant proceeds, including reporting and auditing requirements.
93.29(1)(c)
(c) Dane County agrees to submit an itemized accounting, verified on oath, to the department within 30 days after the last day of the fiscal year in which Dane County receives a grant, that states how the grant proceeds were used.
93.29 History
History: 1993 a. 16.
93.30
93.30
World dairy expo. 93.30(1)(1) The secretary shall approve any plans for the expenditure of appropriations under
s. 20.115 (4) (e) to the world dairy expo, inc., for activities that expand business opportunities for the persons of the dairy industry that are located in this state. Of the amounts appropriated under
s. 20.115 (4) (e), $33,250 in each fiscal year may be expended only to the extent that a county, city, village or town pays to world dairy expo, inc., an amount that is not less than 50% of the department's payment.
93.30(2)
(2) Any moneys received by world dairy expo, inc., under this section shall be used only for the purposes described in
sub. (1).
93.30(3)
(3) Not later than 30 days after the close of the exposition each year world dairy expo, inc., shall file with the department, on forms provided by it, an itemized account verified on oath, showing amounts actually paid or to be paid. The verified account shall correspond with the plans approved by the secretary under
sub. (1). On or before December 31 of the year in which the exposition is held, world dairy expo, inc., shall furnish the department with a statement of receipts and disbursements, attendance and such other information relating to the exposition as the department may require. Upon receipt of such statement the department shall pay world dairy expo, inc., the aid due for the preceding year.
93.30 History
History: 1973 c. 333;
1975 c. 394 s.
8; Stats. 1975 s. 93.30;
1989 a. 31.
93.31
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 of administration and it shall draw its 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) 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.
93.35
93.35
Weather modification. 93.35(1)
(1)
Definitions. In this section:
93.35(1)(b)
(b) "Operation" means the performance of any weather modification activity undertaken for the purpose of producing or attempting to produce any form of modifying effect upon the weather within a specified geographical area over a specified time interval.
93.35(1)(c)
(c) "Weather modification" means any activity performed with the intention of producing artificial changes in the composition, motions and resulting behavior of the atmosphere.
93.35(2)
(2) Weather modification license and permit required. No person may engage in weather modification activities without obtaining a professional weather modification license under
sub. (4) and a weather modification operational permit under
sub. (6).
93.35(3)(a)(a) A person may engage in the following activities without obtaining a license and permit under this section:
93.35(3)(a)1.
1. Activities for protection against fire, frost or fog.
93.35(3)(a)2.
2. Activities normally conducted for purposes other than inducing, increasing, decreasing or preventing hail, precipitation or tornadoes.
93.35(3)(b)
(b) The department may, by rule, exempt any other activities under this subsection deemed necessary.
93.35(3)(c)
(c) Activities exempted under this subsection shall be conducted so as not to interfere with authorized weather modification operations.
93.35(4)
(4) Professional weather modification license; fees. 93.35(4)(a)(a) The department shall prescribe by rule, the procedure and criteria for issuance of professional weather modification licenses under this section. The criteria shall be consistent with qualifications recognized by national or international professional and scientific associations concerned with weather modification and meteorology and shall carry out the purposes of this section.
93.35(4)(b)
(b) A person may obtain a license under this subsection by demonstrating to the satisfaction of the department, competence necessary to engage in weather modification operations and payment of $100 for an annual license which expires on October 31 of each year. Renewal licenses are $20 annually. A renewal license shall be issued in the same manner as an initial license.
93.35(5)
(5) License suspension; revocation; nonrenewal. The department may suspend, revoke or refuse to renew a license for any of the following reasons:
93.35(5)(c)
(c) False or fraudulent representation in obtaining a permit.
93.35(5)(d)
(d) Failure to comply with any of the provisions of this section or any rules promulgated under this section.
93.35(5)(e)
(e) Aiding other persons to fail to comply with any of the provisions of this section or any rules promulgated under this section.
93.35(6)
(6) Weather modification permit; fees; scope. 93.35(6)(a)(a) The department shall prescribe, by rule, the procedure and criteria for issuance of weather modification permits under this section. The criteria shall be designed to carry out the purposes of this section.
93.35(6)(b)
(b) An applicant for a permit shall file with the department an application containing the following information:
93.35(6)(b)2.
2. Name and address of the person on whose behalf the operation is to be conducted.
93.35(6)(b)3.
3. Indication that the applicant holds, or if the applicant is an organization rather than an individual, demonstration that the individual in control of the project holds a valid license issued under
sub. (4).
93.35(6)(b)5.
5. A complete operational plan for the project including a specific statement of the nature and object of the plan, a map of the proposed operating area which specifies the primary target area and the area reasonably expected to be affected, a statement of the approximate time of the operation, a list of materials and methods to be used in conducting the operation, an emergency shutdown procedure which states conditions under which operations must be suspended because of possible danger to the public health, safety and welfare or to the environment.
93.35(6)(b)6.
6. Any other detailed information required by the department.
93.35(6)(c)
(c) The department shall give public notice by newspaper, radio or television announcement in the area of the state reasonably expected to be affected by operations conducted under a permit that it is considering an application for a permit, and hold a public hearing for the purpose of obtaining information from the public concerning the effects of issuing or refusing to issue the permit.
93.35(6)(d)
(d) The department may issue the operational permit if it determines that:
93.35(6)(d)1.
1. The applicant holds, or if the applicant is an organization rather than an individual, demonstrates that the individual in control of the project holds a valid professional weather modification license issued under
sub. (4);
93.35(6)(d)2.
2. The applicant has furnished proof of financial responsibility in accordance with
sub. (7);
93.35(6)(d)3.
3. The project is reasonably conceived to improve water quality or quantity, reduce losses from weather hazards, provide economic benefits to the people of this state, advance or enhance scientific knowledge or otherwise carry out the objectives and purposes of this section;
93.35(6)(d)4.
4. The project is designed to include adequate safeguards to minimize possible damage to the public health, safety or welfare or to the environment;
93.35(6)(d)5.
5. The project will not adversely affect another operation for which a permit has been issued;
93.35(6)(d)6.
6. The applicant has complied with the permit fee requirement under
par. (g); and
93.35(6)(d)7.
7. The applicant has complied with and the project conforms to such other criteria for issuance of permits as have been established by rules and regulations of the department under this section.
93.35(6)(e)
(e) In order to carry out the objectives and purposes of this section, the department may condition and limit permits as to primary target area, time of the operation, materials and methods to be used in conducting the operation, emergency shutdown procedure and any other operational requirements as may be established by the department.
93.35(6)(f)
(f) The department shall issue only one permit at a time for operations in any geographic area if 2 or more operations conducted within the conditions and limits of the permits might adversely interfere with each other.
93.35(6)(g)
(g) The fee for each permit or renewal of a permit is $100, payable to the department prior to permit issuance or renewal. If the cost of the operation is more than $10,000 and the operation will be conducted under contract, the permit fee shall be equivalent to one percent of the value of the contract. If the operation will not be conducted under contract and is estimated, by the department, to cost more than $10,000, the permit fee shall be equivalent to one percent of the estimated costs.
93.35(6)(h)
(h) A separate permit is required for each operation. When an operation is conducted under contract, a permit is required for each separate contract. Each permit or renewal permit shall expire one year from the date of its issuance. The department may conditionally approve a project for a continuous time period in excess of one year's duration. Permits for the operations must be renewed annually. In approving the renewal of a permit for a continuous program, the department shall review and approve the permittee's operational record, and then may issue a renewal of the permit for the operation to continue.
93.35(6)(i)
(i) The permittee shall confine his or her activities within the limits specified in the permit, except to the extent that the limits are modified by the department. The permittee shall comply with any conditions of the permit as originally issued or as subsequently modified by the department.
