The following is a Wisconsin Legislation of interest to our members.

2009/2010 ASSEMBLY BILLS
Bill	Description	Status
AB1	Current law generally authorizes the Department of Administration (DOA) to purchase, or delegate the authority to purchase, all necessary materials and contractual services for all state agencies. With some exceptions, orders or contracts must be awarded to the lowest bidder. One exception requires DOA to give a preference to Wisconsin producers, distributors, suppliers, and retailers over any out-of-state vendor that is domiciled in a jurisdiction that grants a preference to vendors domiciled in that jurisdiction. This bill deletes that exception and, instead, requires DOA and any agency making purchases to attempt to ensure that at least 2 percent of the total amount expended for such procurement in each fiscal year is from Wisconsin-based businesses; however, in any fiscal year, the percentage of the total amount expended from Wisconsin-based businesses may not be lower than it was in the previous fiscal year. This bill also sets a goal that at least 2 percent of the aggregate value of the annual purchases of products and services by a local governmental unit (which includes cities, villages, towns, counties, and special purpose districts, which include schools and technical college districts) will be from Wisconsin-based businesses. A further goal is that, in any year, the percentage of the aggregate value of purchases of products and services from Wisconsin-based businesses will not be lower than it was in the previous year.	Passed Assembly Senate - referred to committee on Small Business, Emergency Preparedness, Technical Colleges, and Consumer Protection
AB2	Currently, state executive branch agencies may contract for services that can be performed more economically or efficiently by contract than by state employees. With numerous exceptions, any services must be obtained from the lowest responsible bidder or the person submitting the most advantageous competitive sealed proposal. Services may be obtained from domestic or foreign sources. With certain exceptions, this bill requires all contractual services purchased by state executive branch agencies to be performed within the United States. This requirement does not apply if the contractual services cannot be obtained within the United States or are paid for with federal moneys or if the contractual services are purchased by the University of Wisconsin System from gifts, grants, or endowment trust fund income.	Passed Assembly Senate - Available for Scheduling
AB3	This bill generally prohibits the application of fertilizer that contains phosphorus to lawns, golf courses, and other mowed grassy areas (turf). The prohibition does not apply to land used for agricultural production. The prohibition also does not apply to the use of manure that is mechanically dried, ground, or pelletized, or to a finished sewage sludge product. The bill authorizes the use of fertilizer that contains phosphorus to establish grass during the first growing season. The bill also authorizes the application of fertilizer containing phosphorus to an area if a soil test shows that the soil in the area is deficient in phosphorus. The bill prohibits the application of fertilizer, manure that is mechanically dried, ground, or pelletized, and finished sewage sludge product to turf when the ground is frozen. The bill also prohibits the intentional application of turf fertilizer, manure that is mechanically dried, ground, or pelletized, and finished sewage sludge product to an impervious surface and requires a person who spills any of these substances onto an impervious surface to immediately remove it. This bill prohibits the retail sale of turf fertilizer containing phosphorus unless the fertilizer is sold for one of the purposes for which it is authorized to be used. The bill prohibits a retailer from displaying turf fertilizer that contains phosphorus, but authorizes a retailer to post a sign stating that turf fertilizer containing phosphorus is available upon request for the purposes for which the bill allows it to be used.	Enacted into Law
AB5	Under current law, qualified claimants who have exhausted their regular unemployment insurance benefits may potentially receive additional weeks of benefits specified by law if a Wisconsin supplemental benefit period or a federal/state extended benefit period is in effect. Recently, the federal government has made available additional federally funded unemployment insurance benefits to claimants in this state who have exhausted their regular benefits. These additional benefits have been and may in the future be funded by the federal government directly with little or no cost to employers in this state. Current law permits the governor to suspend payment of either Wisconsin supplemental or federal/state extended benefits in this state in order to allow for payment of additional federally funded benefits. This bill provides that no Wisconsin supplemental benefits may be paid for any week of unemployment ending after January 27, 2009, during which additional federally funded benefits are payable in this state unless the governor suspends this suspension to permit resumption of Wisconsin supplemental benefit payments. The bill also provides that no federal/state extended benefits may be paid for any week of unemployment ending after January 27, 2009, unless federal/state extended benefits are payable in this state for that week under federal law. The bill permits the governor to suspend this suspension to permit resumption of federal/state extended benefit payments.	Assembly – Enacted into Law
AB10	Under current law, the Department of Agriculture, Trade and Consumer Protection (DATCP) regulates retail food establishments, such as grocery stores, and the Department of Health Services (DHS) regulates restaurants. This bill requires DATCP and DHS to prepare a plan to consolidate their food safety programs into one food safety program and to submit the plan to the legislature.	Assembly – referred to committee on Agriculture
AB11	Current law provides for the World Dairy Center Authority. The duties of the World Dairy Center Authority include establishing a center for the development of dairying in the United States and the world. This bill eliminates the World Dairy Center Authority.	Assembly – referred to committee on Agriculture
AB12	Under current law, a person may claim an income and franchise tax credit for 10 percent of the amount that the person paid in the taxable year for dairy manufacturing modernization and expansion related to the person’s dairy manufacturing operation. This bill provides an income and franchise tax credit for 10 percent of the amount that a person pays in the taxable year for meat processing modernization or expansion related to the person’s meat processing operation.	Assembly – referred to committee on Agriculture
AB29	This bill prohibits the knowing sale, to a purchaser in this state, of consumer goods or certain farm products that contain a radio frequency identification tag, unless the person renders the radio frequency identification tag inoperable before the purchaser takes possession of the goods or products.	Assembly – referred to committee on Personal Privacy
AB34	Under current law, a person may claim a credit against the person’s income or franchise tax liability that is equal to 10 percent of the amount that the person paid in the taxable year for dairy manufacturing modernization or expansion related to the claimant’s dairy manufacturing operation. If the amount of the credit exceeds the amount of the person’s tax liability, the person receives a refund. Under current law, dairy cooperatives are, generally, not subject to state income or franchise taxes and, therefore, are not eligible to claim the credit for dairy manufacturing modernization or expansion. This bill allows the members of a dairy cooperative to claim the credit for the dairy manufacturing modernization or expansion expenses paid by the cooperative. The dairy cooperative determines the amount of the credit that each member may claim, based on the amount of milk each member delivers to the cooperative.	Assembly – referred to committee on Agriculture
AB37	Under current law, a person may claim a credit against the person’s income or franchise tax liability that is equal to 10 percent of the amount that the person paid in the taxable year for dairy manufacturing modernization or expansion related to the claimant’s dairy manufacturing operation. If the amount of the credit exceeds the amount of the person’s tax liability, the person receives a refund. Under current law, dairy cooperatives are, generally, not subject to state income or franchise taxes and, therefore, are not eligible to claim the credit for dairy manufacturing modernization or expansion. This bill allows the members of a dairy cooperative to claim the credit for the dairy manufacturing modernization or expansion expenses paid by the cooperative. The dairy cooperative determines the amount of the credit that each member may claim, based on the amount of milk each member delivers to the cooperative.	Assembly – referred to committee on Agriculture
AB38	Under current law, there is an income tax exclusion for individuals for 60 percent of the net capital gains realized from the sale of assets held for at least one year. Under the bill, an individual; an individual partner or member of a partnership, limited liability company, or limited liability partnership; or an individual shareholder of a tax-option corporation (claimant) may subtract from federal adjusted gross income the amount of capital gain, not to exceed $10,000,000 in a taxable year, realized from the sale of any asset held more than one year (original asset), to the extent that the gain is not already excluded from taxation. Under the bill, the claimant must place the gain from the original asset in a segregated account in a financial institution, must invest all of the proceeds in the account in a Wisconsin business within 180 days after the sale of the original asset that generated the gain, and must notify the Department of Revenue (DOR) on a form prepared by DOR that the claimant will not declare the gain from the original asset because the proceeds have been reinvested in a Wisconsin business. A “Wisconsin business” is defined as a business that is headquartered in Wisconsin; that employs at least 51 percent of its employees in this state; that is engaged in, or is committed to engage, in businesses such as manufacturing, agriculture, silviculture, conducting research, or developing new products or business processes; that is not engaged in businesses such as real estate development, insurance, banking, lobbying, political consulting, professional services, retail, leisure, hospitality, transportation, or construction; that has fewer than 500 employees; that has been in operation in this state for not more than seven consecutive years; and that is not a publicly traded entity. The bill also specifies that the basis of the investment shall be its cost minus the gain generated by the sale of the original asset. If a claimant claims the subtraction allowed under the bill, the claimant may not use that gain to net the claimant’s gains and losses as the claimant could do if the claimant did not claim the subtraction.	Assembly – referred to committee on Jobs, the Economy and Small Business
AB53	Under this bill, any company that employs unauthorized aliens in violation of federal law is, for a period of seven years, ineligible to: 1) receive any income or franchise tax credit or property tax exemption; 2) enter into a contract with the state or a local governmental unit for the construction, remodeling, or repair of a public work or building, or for the furnishing of supplies, services, equipment, or material of any kind; and 3) receive any grants or loans from a local governmental unit Under the bill, any company that employs an unauthorized alien is subject to a $10,000 fine for each unauthorized alien the company employs.	Assembly – referred to the committee on Workforce Development
AB69	Under current law, an individual income tax check-off procedure exists that allows an individual who files a return to designate any amount of additional payment or any amount of a refund due for the endangered resources program. Similar checkoffs exist to provide payments to several other programs, including a veterans trust fund, prostate cancer research, multiple sclerosis programs, a fire fighters memorial, and a breast cancer research program, and to provide a donation to a professional football stadium district. This bill creates a similar income tax checkoff for designations to food banks in Wisconsin that are members of Feeding America (formerly Second Harvest). Feeding America distributes food to more than 1,500 nonprofit programs throughout Wisconsin. Under the bill, an individual who has an income tax liability, is due a refund, or is required to file a return may designate any amount of additional payment, or any amount of a refund due, to Feeding America on his or her income tax return. If an individual’s designation exceeds the amount of his or her refund, he or she must include a check with his or her tax return for the difference between the amount of the designation and the amount of the refund. If an individual who makes a contribution has a tax liability or has no tax liability and is due no refund, he or she must include a check for the amount of the designation with his or her tax return. The bill requires that an amount equal to the total amount of designations received, less the total cost of administering the income tax check-off procedure, be appropriated to food banks in Wisconsin that are members of Feeding America. Sixty-five percent of the amount goes to Second Harvest food bank in Milwaukee, 20 percent to Madison, and 15 percent to Eau Claire.	Assembly – referred to committee on Ways and Means
AB80	This bill creates an income tax and franchise tax credit for businesses that pay tuition for an individual to attend a university, college, or technical college. Sole proprietorships, corporations, and insurers may claim the credit. Partnerships, limited liability companies, and tax-option corporations compute the credit but pass it on to the partners, members, and shareholders in proportion to their ownership interests. The credit is an amount equal to: 1) 50 percent of the tuition paid by a business for an individual to attend school in a taxable year, if the individual is enrolled in a degree-granting program; and 2) 75 percent of the tuition paid by a business for an individual to attend school in a taxable year, if the individual is enrolled in a degree-granting program and if the individual’s taxable income is not more than 185 percent of the federal poverty line. If the credit claimed by a business exceeds the business’s tax liability, the state will not issue a refund check, but the business may carry forward any remaining credit to subsequent taxable years.	Assembly – referred to committee on Jobs, the Economy and Small Business
AB84	Under current law, the Natural Resources Board consists of seven members nominated by the governor and with the advice and consent of the senate appointed for six-year terms. Current law requires that at least three of the members be from north, and at least three of the members be from south, of a line running east and west through the southern limits of the city of Stevens Point. This bill requires that, beginning in 2016, at least one member of the Natural Resources Board have an agricultural background. The bill also requires that, beginning in 2016, at least three members of the Natural Resources Board have held a hunting, fishing, or trapping license in at least seven of the ten years before the year of nomination. If an individual served on active duty in the military during the ten years before nomination, the number of years in which the individual is required to have held an annual hunting, fishing, or trapping license equals seven minus the number of years of active duty.	Assembly – referred to committee on Natural Resources
AB88	Under current law, an electric utility or retail electric cooperative is subject to certain requirements for ensuring that, in a given year, a specified percentage of the electricity that the utility or cooperative sells to retail customers is derived from renewable resources. Such requirements are commonly referred to as renewable portfolio standards. Current law defines “renewable resource” as an electrical energy source that derives energy from specified sources, including biomass. Current law defines “biomass” as a source that derives energy from any of the following: 1) wood or plant material or residue; 2) biological waste; 3) crops grown for use as an electrical energy source; or 4) landfill gases. However, except for certain refuse-derived fuel used in a facility that was in service before January 1, 1998, current law excludes garbage and nonvegetation-based industrial, commercial, and household waste from the definition of “biomass.” As a result, a utility or cooperative may not include electricity derived from garbage and such waste in determining whether the utility or cooperative has satisfied renewable portfolio standards. This bill changes the definition of “biomass” so that it includes, rather than excludes, garbage and such waste. As a result, a utility or cooperative may include electricity derived from garbage and such waste in determining whether the utility or cooperative has satisfied renewable portfolio standards.	Assembly – referred to committee on Energy and Utilities
AB133	This bill prohibits a person who owns or occupies land adjoining a highway from causing water to spray more than two feet onto the roadway of the highway. A person who violates this prohibition must forfeit $10 for the first offense, $100 for the second offense, and $1,000 for the third and each subsequent offense.	Assembly – referred to committee on Transportation
AB138	Under current law, the secretary of natural resources is nominated by the governor, and with the advice and consent of the senate appointed, to serve at the pleasure of the governor. Under this bill, the Natural Resources Board appoints the secretary of natural resources for a four-year term. As the appointing body, the Natural Resources Board may remove the secretary from office at any time. The bill provides that the secretary in office when the bill takes effect serves a four-year term beginning when he or she was appointed. Under current law, when an appointive state office that has a specific term becomes vacant, because of a resignation or removal, for example, the new appointee is appointed for the rest of the unexpired term. Under this bill, when the office of secretary of natural resources becomes vacant, the new appointee serves a full four-year term beginning when he or she is appointed. Under current law, the Natural Resources Board consists of seven members nominated by the governor, and with the advice and consent of the senate appointed, for six-year terms. As with members of other state boards, a member of the Natural Resources Board may continue to serve after the expiration of his or her term until a successor is nominated and the senate consents to the nomination. This bill provides that the position of a member of the Natural Resources Board nominated after January 2, 2011, becomes vacant upon the expiration of the member’s term. This change triggers the application of a current provision under which the governor may provisionally fill a vacancy, without the consent of the senate. The provisional appointment remains in effect until the senate acts on the appointment.	Assembly – referred to committee on Natural Resources
AB142	Under current law, no person may use the title “landscape architect” unless he or she holds a certificate of registration as a landscape architect issued by the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers, and Land Surveyors (the board). In order to be granted a certificate of registration as a landscape architect, a person must hold a bachelor’s or a master’s degree in landscape architecture from a curriculum approved by the board and have at least two years of practical experience in landscape architecture, or have a specific record of at least seven years of training and experience in the practice of landscape architecture including at least two years of courses in landscape architecture approved by the board, and four years of practical experience in landscape architecture. Further, the person must successfully complete an examination by the board. Under this bill, no person may practice landscape architecture unless he or she is registered as a landscape architect by the board. The registration requirements remain the same under the bill. The bill clarifies that landscape architecture does not include professional services provided by a person who is an architect, engineer, or land surveyor, if the person holds the credential required to engage in that practice. The bill also contains exemptions from the registration requirements for a number of persons, including: 1) an individual doing work on property owned by the individual; 2) biologists, professional geologists, and professional soil scientists; and 3) a person making plans or drawings for the selection, placement, or use of plants or site features.	Senate – referred to committee on Labor, Elections, and Urban Affairs
AB162	Under current law, the Department of Natural Resources (DNR) administers various laws to control invasive species. DNR also regulates the placement of certain boats, boat trailers, and equipment (boats) in navigable waters with aquatic plants attached. This draft makes various changes to those laws and imposes new restrictions relating to invasive species and aquatic plants and animals.	Assembly – referred to committee on Natural Resources
AB166	Under current law, certain persons who use pesticides must be licensed by the Department of Agriculture, Trade and Consumer Protection (DATCP). The licensing requirement does not apply to a veterinarian or a veterinary technician who uses a pesticide in the course of his or her practice, but a veterinary clinic at which pesticides are repackaged or used must have a veterinary clinic permit issued by DATCP. This bill eliminates the requirement that a veterinary clinic at which pesticides are repackaged or used have a veterinary clinic permit issued by DATCP. Current law requires the Veterinary Examining Board to promulgate rules requiring training and continuing education sufficient to assure competency of veterinarians and veterinary technicians in the use and disposal of pesticides. This bill generally prohibits the board from requiring training and continuing education concerning the use and disposal of pesticides.	Assembly – referred to committee on Agriculture
AB184	Under recent changes to federal law, the amount that a business may claim as an expense deduction for federal income tax purposes increased from $25,000 to $100,000 for property placed in service in 2003, 2004, and 2005. Under current law, the increase in the expense deduction, for state income and franchise tax purposes, applies only to property used in farming that is acquired and placed in service beginning on or after January 1, 2008. An expense deduction for all other property is subject to a $25,000 limit. This bill increases the expense deduction limit to $50,000 for property that is not used in farming and that is acquired and placed in service beginning on or after January 1, 2008.	Assembly – referred to committee on Jobs, the Economy, and Small Business
AB206	This bill creates the Committee to Study the Uses of Industrial Hemp. The bill requires the committee to review literature related to industrial hemp, to evaluate the economic opportunities for this state that could result from producing and using industrial hemp, and to report its findings and recommendations to the legislature.	Assembly – referred to committee on Rural Economic Development
AB229	Current law requires food processing plant licenses from the Department of Agriculture, Trade and Consumer Protection (DATCP) for certain facilities at which food is manufactured or prepared for sale through processes such as canning, freezing, and bottling, with specified exemptions. This bill provides an exemption from the requirement to obtain a food processing plant license for the sale of home-prepared and home-canned, acidic fruits or vegetables (such as pickles) at a community or social event or a farmers’ market by a person who receives less than $5,000 per year from the sale of the food and who complies with requirements concerning notice and labeling. The bill also requires DATCP to attempt to maximize the availability of information and assistance to persons who wish to home process and home can foods that are not naturally acidic.	Assembly – referred to committee on Agriculture
AB234	This bill provides income and franchise tax credits for hiring the following individuals: 1. A veteran who is entitled to compensation for a service-connected disability and who is a member of a family receiving supplemental nutrition assistance. 2. An ex-felon. 3. An individual who is a vocational rehabilitation referral. 4. An individual who is participating in a program administered by any local workforce development board in this state. 5. An individual who is at least 16 years of age, but no more than 17 years of age, who is either a high school student or who graduates from high school during the taxable year for which a credit is claimed, and who is a member of a family whose Wisconsin taxable income is no more than 70 percent of the federal poverty line.	Assembly – referred to committee on Jobs, the Economy, and Small Business
AB236	Under current law, a school board may not grant a high school diploma to any pupil unless the pupil has earned, in grades 9 to 12, at least four credits of English, three credits of social studies, two credits of mathematics, two credits of science, and 1.5 credits of physical education. This bill provides that, if a pupil earns at least two credits in science, the school board must award the pupil an additional science credit for completing in grades 9 to 12 each course in agriculture that the Department of Public Instruction (DPI) has determined qualifies as science according to criteria established by DPI.	Assembly – referred to committee on Agriculture
AB250	This bill requires certain persons who sell dogs or operate animal shelters or animal control facilities to be licensed by the Department of Agriculture, Trade and Consumer Protection (DATCP), beginning 18 months after the bill is enacted into law. The bill requires all of the following to obtain licenses, with limited exceptions: 1. A person who sells 25 or more dogs in a year (including a nonresident who brings dogs into this state for sale). 2. A person who operates a dog breeding facility (a place at which dogs are bred and raised) from which 25 or more dogs are sold in a year. 3. A person who operates an auction at which 50 or more dogs are sold or offered for sale in a year. 4. A person who operates an animal shelter that is used to shelter at least 25 dogs in a year. 5. A person who operates an animal control facility under a contract with a city, village, town, or county. The bill requires DATCP to inspect each location in this state at which a person who applies for a license operates before issuing an initial license and at least once every two years thereafter, except that during the first 12 months in which licenses are required DATCP may issue a temporary initial license before conducting the required inspection. The bill allows DATCP to make additional inspections during regular business hours to ensure compliance with requirements established in the bill. The bill specifies fees for licenses, generally based on the number of dogs sold, and authorizes DATCP to set higher fees by rule if necessary to cover the costs of administering the program.	Assembly – referred to committee on Consumer Protection
AB256	Under current law, a city, village, town, or county (political subdivision) may not place any restrictions on the installation or use of an energy system (a solar energy system or a wind energy system) unless the restriction is for health or safety reasons, does not significantly increase the cost of the system or decrease its efficiency, or allows for an alternative comparable system. Current law defines “wind energy system” as equipment that converts and then stores or transfers energy from the wind into usable forms of energy. This bill requires the Public Service Commission (PSC) to promulgate rules establishing common standards for political subdivisions to regulate the construction and operation of wind energy systems. The bill also revises the definition of “wind energy system” to include associated facilities of the equipment specified under current law. The PSC’s rules must specify the restrictions a political subdivision may impose on the installation or use of such a system, and may include subjects such as visual appearance, setback distances, decommissioning, shadow flicker, electrical connections to the power grid, and interference with radio, telephone, or television signals. The PSC must also promulgate rules specifying requirements and procedures for a political subdivision to enforce such restrictions. If a political subdivision chooses to regulate such systems, its ordinances may not be more restrictive than the PSC rules. The bill also specifies various standards, procedures for applicants, and approval timelines for political subdivisions that must be contained in a political subdivision’s ordinance regulating the systems. The bill prohibits a political subdivision from prohibiting or restricting any person from conducting tests to determine the suitability of a site for the possible placement of a wind energy system, although the political subdivision may petition the PSC to impose reasonable restrictions on the testing. With regard to a proposed wind energy system that is one megawatt or larger, the bill provides that any person who is aggrieved by a political subdivision’s decision or enforcement action may seek review by the PSC. If the PSC determines that the political subdivision’s decision or enforcement action does not comply with the agency’s rules or is unreasonable, it must issue a superseding decision and order an appropriate remedy. The PSC’s decision or order may be appealed to circuit court. The bill specifies that if a county enacts an ordinance relating to the construction or operation of a wind energy system, as provided by the bill, the county ordinance applies only in the unincorporated parts of the county, except that if a town enacts a similar ordinance, the more restrictive terms of the two ordinances apply to the town. Finally, the bill does not affect a provision under current law that exempts certain electric generating facilities from local ordinances. Under current law, a person may not construct an electric generating facility with a nominal operating capacity of 100 megawatts or more unless the PSC grants a certificate of public convenience and necessity (CPCN) to the person. If the PSC has granted a CPCN to such a facility, and if installation or utilization of the facility is precluded or inhibited by a local ordinance, current law provides that the installation and utilization of the facility may nevertheless proceed. Because this bill does not affect that provision, the authority of a political subdivision to regulate a wind energy system under the bill is limited to those wind energy systems with a nominal operating capacity of less than 100 megawatts. However, the bill requires the PSC to consider the restrictions specified in the rules described above when the PSC determines whether to grant a CPCN to a wind energy system with a nominal operating capacity of 100 megawatts or more.	Assembly – referred to committee on Energy and Utilities
AB279	Current law generally requires a person who keeps livestock at a location in this state to register the location with the Department of Agriculture, Trade and Consumer Protection (DATCP). The law authorizes DATCP to create exemptions from the registration requirement by rule. A person who is required to register must provide information to DATCP, including information about the type of livestock kept and the type of livestock operation being conducted at each location. DATCP assigns a premises identification code to each location that is registered. The system for assigning codes must be designed to facilitate disease control and must comply with any federal standards. DATCP must generally keep confidential the information provided by registrants, but may disclose that information if it determines that disclosure is necessary to prevent or control disease. This bill makes the livestock premises registration program voluntary.	Assembly – referred to committee on Agriculture
AB287	This bill increases the tax rate for the tax on fermented malt beverages from $2 per barrel to $10 per barrel. In addition, an amount of the taxes collected on fermented malt beverages equal to $2 per barrel will be used by the Office of Justice Assistance in the Department of Administration to provide grants to counties and municipalities to reduce crimes related to alcohol use by employing additional law enforcement officers and obtaining equipment and training, and an amount of the taxes equal to $4 per barrel will be used for community aids related to alcohol and drug abuse treatment services. Finally, an amount of the taxes equal to $2 per barrel will be used for grants for substance abuse treatment and prevention programs.	Assembly – referred to committee on Public Safety
AB361	Under current law, in general, every employer must withhold from an employee’s wages an amount that is determined by the Department of Revenue (DOR) according to withholding tables that are prepared by DOR. Current law exempts from this withholding equirement any county fair association with regard to an employee who receives less than $100 annually in wages or salary from the association. This bill increases the exemption amount to $500.	Assembly - referred to committee on Renewable Energy and Rural Affairs
AB408	Financial assistance related to biofuels. The bill expands the applicability of relevant state financial assistance programs, to ensure that the programs support the establishment, production, harvest, storage, and transport of bioenergy feedstocks; theconversion of ethanol production plants to biomass energy for process heat; and the development and construction of biorefineries. The definition of “agricultural use” for purposes of use value taxation. Under current law, the Department of Revenue (DOR) is required to define the term “agricultural use” for purposes of determining whether the assessed value of a parcel of land should be determined under the use value assessment method. DOR currently defines the term “agricultural use” to exclude “growing short rotation woody trees with a growing and harvesting cycle of ten years or less for pulp or tree stock under NAICS industry 111421.” This bill requires DOR to define the term “agricultural use” to include the growing of short rotation woody crops, including poplars and willows, using agronomic practices. Strategic bioenergy feedstock assessment. The bill directs the Office of Energy Independence (OEI) to coordinate the biennial preparation of a strategic bioenergy feedstock assessment by the specified state agencies. Bioenergy advisory council, voluntary best management practices. The bill creates a bioenergy advisory council attached to DATCP and requires the council to report voluntary best management practices for sustainable biomass and biofuels production to agencies and private parties that assist biofuel feedstocks producers and biofuels producers. The agricultural diversification program. The bill expands the agricultural diversification program administered by DATCP to include the promotion of marketable credits for reducing emissions of greenhouse gases derived from the production of agricultural commodities (also known as carbon offset credits) and of other types of energy made from these commodities in addition to alternative fuels made from agricultural source stocks. The bill creates a comparable forestry diversification program administered by the Department of Natural Resources (DNR). The bill also directs DATCP and DNR to promote these new products in cooperation with and with the assistance of each other and the University of Wisconsin− Extension (UW−Extension). Biofuels training assessment. The bill requires the UW−Extension, in cooperation with other state entities, to conduct an educational needs assessment related to the production of biofuels and the development and production of feedstocks for the production of biofuels, and to report its findings to the Governor and the Legislature. Biofuels production facility regulatory review committee. The bill creates a nine−member Biofuels Production Facility Regulatory Review committee, with members appointed by the Governor, to review state and local regulatory burdens related to biofuels production facilities and to report its findings to the Governor and the Legislature. Marketing orders and agreements for bioenergy feedstocks. Under the “Agricultural Marketing Act” marketing orders or agreements can be issued for agricultural commodities. This bill designates products used as bioenergy feedstocks, including timber and wood products, as “agricultural commodities” under this Act, thus authorizing the creation of a marketing order or agreement for these feedstocks with the required approval of affected producers of the feedstocks. The bill also requires the secretary of DATCP to periodically assess the development of markets for bioenergy feedstocks and determine whether the issuance of a marketing order or agreement for these products would be appropriate. Personal renewable fuel production and use. This bill exempts the first 1,000 gallons of renewable fuel produced by a person each year, that the person uses in his or her personal vehicle, from the motor vehicle fuel excise tax, the petroleum inspection fee, and petroleum inspection requirements not required by federal law. The bill also allows a person to produce this renewable fuel without a business tax registration certificate or a motor vehicle fuel tax license. Income tax credit for blender pumps. Under current law, an “ethanol and biodiesel fuel pump” income tax credit is available for claimants who install or retrofit equipment for dispensing motor vehicle fuel to end−users that dispense fuel consisting of at least 85 percent ethanol or at least 20 percent biodiesel fuel. This bill modifies the definition of fuel subject to this credit and allows this income tax credit to be claimed for the installation or retrofit of equipment that blends fuels from separate storage tanks allowing the end−user to choose the percentage of gasoline− replacement renewable fuel or diesel− replacement renewable fuel in the dispensed fuel. Required offering of unblended gasoline to motor fuel dealers. This bill requires a motor fuel grantor (grantor) to offer unblended gasoline, suitable for subsequent blending with ethanol and subsequent sale, to any motor fuel dealer (dealer)with which it has a motor fuel dealership agreement (agreement). This bill also prohibits an agreement or contract between a dealer and grantor from requiring the dealer to purchase ethanol from the grantor exclusively. State renewable motor vehicle fuels sales goals and sales requirements. The bill creates annual sales goals for renewable fuels in this state equaling 110 percent of the state’s share of renewable fuel sales required nationally under the federal renewable fuel standard (F−RFS). The bill requires DATCP, in cooperation with and with assistance from Department of Commerce, DOR, and OEI, to collect information needed to determine whether these annual renewable fuels sales goals are met for each year following enactment of this bill. The state as a leader; renewable fuels use in the state fleet. The bill codifies Executive Order #141, relating to increased utilization of renewable fuels and vehicles owned and operated by the State of Wisconsin. In particular, the bill directs DOA to require state agencies to reduce the amount of gasoline and diesel fuels they use that are petroleum−based by specified percentages, requires OEI to promote the use of alternative fuels in flex fuel vehicles owned by the state, and directs OEI and DATCP to cooperatively promote public alternative fuel refueling facilities. Other duties of the Office of Energy Independence. The bill directs OEI to work on initiatives that have the goals of ensuring that Wisconsin is a national leader in developing biorefineries and advancing the sale and use of intermediate blends of gasoline and biofuels.	Assembly - referred to the committee Rewalble Energy and Rural Affairs
AB417	Under current law, the Veterinary Examining Board (board) in the Department of Regulation and Licensing (department) may issue a veterinary license to an applicant for an initial license who passes an examination conducted by the board, pays a fee to the department, and is either a graduate of a veterinary college approved by the board or has successfully completed the Educational Commission for Foreign Veterinary Graduates certification program of the American Veterinary Medical Association. This bill authorizes the board to also issue an initial veterinary license to a person who passes an examination conducted by the board, pays a fee to the department, and has successfully completed the Program for the Assessment of Veterinary Education Equivalence offered by the American Association of Veterinary State Boards.	Passed Assembly Senate - referred to committee on Labor, Elections and Urban Affairs
AB418	This bill requires the Department of Agriculture, Trade and Consumer Protection to designate an employee of the department to serve as county fair coordinator.	Passed Assembly
AB530	Under current law, the Department of Natural Resources (DNR) administers the managed forest land (MFL) program, which exempts an owner of land that is designated MFL from payment of municipal property taxes on the land in exchange for a lower payment per acre. In exchange, the owner must comply with certain forestry practices and must allow the public on the land for hunting, fishing, and other outdoor recreational activities unless the landowner elects to pay an extra amount per acre to keep a limited number of acres closed. In addition, an owner of MFL must pay a withdrawal tax and a withdrawal fee when the owner withdraws the land from the program before the order designating the land as MFL expires. Orders are for 25 or 50 years. Under current law, an owner is exempt from paying the withdrawal tax and the withdrawal fee if the owner withdraws the MFL to transfer the land for a public road or a utility right−of−way or to the federal or state government or a local governmental unit for a conservation purpose such as a park or public forest. This bill expands this exemption to include withdrawals to convert MFL to agricultural land if the land has been MFL for at least five years. The bill incorporates the definition of “agriculture land” that exists under current law for property tax assessment purposes. “Agricultural land” is land that is devoted primarily to agricultural use, as defined by rule by the Department of Revenue. “Agricultural use,” in turn, is defined in this rule to include land that is enrolled in certain federal agriculture programs and land that is subject to the stream bank protection program administered by DNR. Under the bill, MFL that is converted to agricultural land is subject to the same public recreational access requirements until the date that the MFL order would have expired (original expiration date). The bill provides that if the owner stops using the land for agricultural use before the original expiration date, the owner must pay the withdrawal tax and the withdrawal fee that would have been payable at the time of the conversion, and the land is no longer subject to the public recreational access requirements.	Assembly - referred to the committee on Agriculture
AB562	Current law requires the Department of Natural Resources to establish a scholarship grant program to assist individuals who are seeking certification by the Wisconsin Professional Loggers Association as master loggers. A scholarship grant under the program may not exceed 50 percent of the total cost of receiving the certification. This bill specifies that scholarships under the grant program are for individuals seeking certification by the Great Lakes Timber Professionals Association. This change reflects the new name of the organization that certifies master loggers.	Assembly - referred to committee on Transportation, Tourism, Forestry, and Natural Resources
AB575	This bill requires the Department of Agriculture, Trade and Consumer Protection (DATCP) to promulgate rules that establish standards for products sold as honey and standards for the testing by private laboratories of samples submitted by persons who wish to sell honey produced in this state as Wisconsin certified honey. The standards for honey must be consistent with the standard for honey under the Codex Alimentarius of the Food and Agriculture Organization of the United Nations and the World Health Organization. The bill prohibits labeling a product as Wisconsin certified honey or implying that a product is Wisconsin certified honey, unless the product has been determined by testing to meet the standards established by DATCP, DATCP has approved a summary of the testing, and the product was produced in this state. Under the bill, DATCP investigates violations of this prohibition and may bring an action to enjoin violations. The bill also prohibits labeling a product as honey or implying that a product is honey, unless the product meets the standards established by DATCP. Any person who suffers damages as a result of a violation of this prohibition may bring an action against the violator to recover the amount of the person’s damages or $1,000, whichever is greater, plus reasonable attorney fees.	Assembly - referred to the committee on Agriculture
AB580	Under current law, the Department of Natural Resources (DNR) administers the managed forest land (MFL) program and a similar program called the forest croplands program. The MFL program exempts an owner of land that is designated MFL from payment of municipal property taxes on the land in exchange for a lower payment per acre. In exchange, the owner must comply with certain forestry practices and must allow the public on the land under certain circumstances unless the landowner elects to pay an extra amount per acre to keep a limited number of acres closed. In addition, an owner of MFL must pay a withdrawal tax when the owner withdraws the land from the program before the order designating the land as MFL expires. Orders are for 25 or 50 years. This bill makes various changes to the MFL program, including the following: 1. The words “applicant” and “application” are substituted for “petitioner” and “petition” in the subchapter related to the MFL program. This change is nonsubstantive. 2. The dates before which DNR must act on applications under the MFL program are changed, and the deadline for owners to file applications to renew MFL orders is changed. 3. A forestry management plan for the MFL must accompany the application, and the requirement that DNR prepare the plan upon the request of the applying landowner is eliminated. Under the bill, DNR must prepare the plan only if DNR determines that the applicant is unable to have a proposed management plan prepared by a certified independent plan writer. DNR must promulgate rules establishing the criteria for when DNR will prepare the plan. 4. The Department of Revenue, upon the request of an MFL landowner, with the assistance of DNR, must prepare an estimate of the withdrawal tax that would be due if the MFL is withdrawn. 5. The requirement that the stumpage value used to determine the amount of yield taxes and withdrawal taxes under the MFL program be established by rule is eliminated. 6. The bill clarifies that when MFL is transferred to another owner, the person purchasing or otherwise receiving the land pays the transfer fee. 7. Under the forest croplands program, facsimile signatures are allowed and documents are exempted from register of deeds authentication requirements. These provisions exist for the MFL program under current law. 8. The penalties and procedures that apply to persons who file false reports also apply for assessing the yield tax to persons who fail to file cutting reports. 9. An owner selling MFL must disclose to prospective buyers that the land is designated as such under an MFL order.	Assembly - referred to the Joint Committee on Finance
AB623	Under current law, with limited exceptions, no person may operate upon a highway any vehicle or combination of vehicles that exceeds certain statutory weight limits unless the person obtains a permit issued by the Department of Transportation or a local authority. Under one exception, certain vehicles or vehicle combinations transporting agricultural crops may, without a permit, exceed weight limits by not more than 15 percent from September 1 to November 30 of each year. This bill extends the annual end date for this exception from November 30 to December 31.	Assembly - referred to the committee on Transportation
AB628	Current law generally prohibits the sale of unpasteurized (commonly called raw) milk and other milk products. This bill authorizes a dairy farmer with a grade A dairy farm permit to sell unpasteurized milk, buttermilk, butter, and cream directly to consumers on the farm if the dairy farmer obtains a raw milk permit from the Department of Agriculture, Trade and Consumer Protection, the container is prepared and filled in a sanitary manner, and the dairy farmer displays a sign indicating that raw milk does not provide the protection of pasteurization. The bill also provides that a dairy farmer is not liable for selling a product as authorized by the bill, except in cases of willful or wanton acts or omissions.	Assembly - referred to committee on Rural Economic Development
AB637	This bill regulates chemicals used in consumer products intended for use by children and in certain consumer products to which a child or fetus may be exposed (children’s products).	Assembly - referred to committee on Consumer Protection
AB649	This bill contains numerous provisions relating to reducing greenhouse gas emissions, and increasing energy efficiency and the use of renewable resources to produce energy.	Assembly - referred to committee on Clean Energy Jobs

2009/2010 SENATE BILLS
Bill	Description	Status
SB5	This bill generally prohibits the application of fertilizer that contains phosphorus to lawns, golf courses, and other mowed grassy areas (turf). The prohibition does not apply to land used for agricultural production. The prohibition also does not apply to the use of manure that is mechanically dried, ground, or pelletized, or to a finished sewage sludge product. The bill authorizes the use of fertilizer that contains phosphorus to establish grass during the first growing season. The bill also authorizes the application of fertilizer containing phosphorus to an area if a soil test shows that the soil in the area is deficient in phosphorus. The bill prohibits the application of fertilizer, manure that is mechanically dried, ground, or pelletized, and finished sewage sludge product to turf when the ground is frozen. The bill also prohibits the intentional application of turf fertilizer, manure that is mechanically dried, ground, or pelletized, and finished sewage sludge product to an impervious surface and requires a person who spills any of these substances onto an impervious surface to immediately remove it. This bill prohibits the retail sale of turf fertilizer containing phosphorus unless the fertilizer is sold for one of the purposes for which it is authorized to be used. The bill prohibits a retailer from displaying turf fertilizer that contains phosphorus, but authorizes a retailer to post a sign stating that turf fertilizer containing phosphorus is available upon request for the purposes for which the bill allows it to be used.	Hold - Available for Scheduling
SB8	Currently, state executive branch agencies may contract for services that can be performed more economically or efficiently by contract than by state employees. With numerous exceptions, any services must be obtained from the lowest responsible bidder or the person submitting the most advantageous competitive sealed proposal. Services may be obtained from domestic or foreign sources. With certain exceptions, this bill requires all contractual services purchased by state executive branch agencies to be performed within the United States. This requirement does not apply if the contractual services cannot be obtained within the United States or are paid for with federal moneys or if the contractual services are purchased by the University of Wisconsin System from gifts, grants, or endowment trust fund income.	Senate - referred to committee on Small Business, Emergency Preparedness, Technical Colleges, and Consumer Protection
SB15	Under current law, qualified claimants who have exhausted their regular unemployment insurance benefits may potentially receive additional weeks of benefits specified by law if a Wisconsin supplemental benefit period or a federal/state extended benefit period is in effect. Both Wisconsin supplemental and federal/state extended benefits are paid for in whole or in part by employers in this state. Recently, the federal government has made available additional federally funded unemployment insurance benefits to claimants in this state who have exhausted their regular benefits. These additional benefits have been and may in the future be funded by the federal government directly with little or no cost to employers in this state. Current law permits the governor to suspend payment of either Wisconsin supplemental or federal/state extended benefits in this state in order to allow for payment of additional federally funded benefits. This bill provides that no Wisconsin supplemental benefits may be paid for any week of unemployment ending after January 27, 2009, during which additional federally funded benefits are payable in this state unless the governor suspends this suspension to permit resumption of Wisconsin supplemental benefit payments. The bill also provides that no federal/state extended benefits may be paid for any week of unemployment ending after January 27, 2009, unless federal/state extended benefits are payable in this state for that week under federal law. The bill permits the governor to suspend this suspension to permit resumption of federal/state extended benefit payments.	Senate – Hold (Available for Scheduling)
SB24	Under current law, an individual income tax check-off procedure exists that allows an individual who files a return to designate any amount of additional payment or any amount of a refund due for the endangered resources program. Similar checkoffs exist to provide payments to several other programs, including a veterans trust fund, prostate cancer research, multiple sclerosis programs, a fire fighters memorial, and a breast cancer research program, and to provide a donation to a professional football stadium district. This bill creates a similar income tax checkoff for designations to food banks in Wisconsin that are members of Feeding America (formerly Second Harvest). Feeding America distributes food to more than 1,500 nonprofit programs throughout Wisconsin. Under the bill, an individual who has an income tax liability, is due a refund, or is required to file a return may designate any amount of additional payment, or any amount of a refund due, to Feeding America on his or her income tax return. If an individual’s designation exceeds the amount of his or her refund, he or she must include a check with his or her tax return for the difference between the amount of the designation and the amount of the refund. If an individual who makes a contribution has a tax liability or has no tax liability and is due no refund, he or she must include a check for the amount of the designation with his or her tax return. The bill requires that an amount equal to the total amount of designations received, less the total cost of administering the income tax check-off procedure, be appropriated to food banks in Wisconsin that are members of Feeding America. Sixty-five percent of the amount goes to Second Harvest food bank in Milwaukee, 20 percent to Madison, and 15 percent to Eau Claire.	Senate – referred to committee on Finance
SB26	Under current law, a person may claim a credit against the person’s income or franchise tax liability that is equal to 10 percent of the amount that the person paid in the taxable year for dairy manufacturing modernization or expansion related to the claimant’s dairy manufacturing operation. If the amount of the credit exceeds the amount of the person’s tax liability, the person receives a refund. Under current law, dairy cooperatives are, generally, not subject to state income or franchise taxes and, therefore, are not eligible to claim the credit for dairy manufacturing modernization or expansion. This bill allows the members of a dairy cooperative to claim the credit for the dairy manufacturing modernization or expansion expenses paid by the cooperative. The dairy cooperative determines the amount of the credit that each member may claim, based on the amount of milk each member delivers to the cooperative.	Senate – referred to committee on Health, Health Insurance, Privacy, Property Tax Relief, and Revenue
SB28	Under current law, there is an income tax exclusion for individuals for 60 percent of the net capital gains realized from the sale of assets held for at least one year. Under the bill, an individual; an individual partner or member of a partnership, limited liability company, or limited liability partnership; or an individual shareholder of a tax-option corporation (claimant) may subtract from federal adjusted gross income the amount of capital gain, not to exceed $10,000,000 in a taxable year, realized from the sale of any asset held more than one year (original asset), to the extent that the gain is not already excluded from taxation. Under the bill, the claimant must place the gain from the original asset in a segregated account in a financial institution, must invest all of the proceeds in the account in a Wisconsin business within 180 days after the sale of the original asset that generated the gain, and must notify the Department of Revenue (DOR) on a form prepared by DOR that the claimant will not declare the gain from the original asset because the proceeds have been reinvested in a Wisconsin business. A “Wisconsin business” is defined under the bill as a business that is headquartered in Wisconsin; that employs at least 51 percent of its employees in this state; that is engaged in, or is committed to engage, in businesses such as manufacturing, agriculture, silviculture, conducting research, or developing new products or business processes; that is not engaged in businesses such as real estate development, insurance, banking, lending, lobbying, political consulting, professional services, retail, leisure, hospitality, transportation, or construction; that has fewer than 500 employees; that has been in operation in this state for not more than seven consecutive years; and that is not a publicly traded entity. The bill also specifies that the basis of the investment shall be its cost minus the gain generated by the sale of the original asset. If a claimant claims the subtraction allowed under the bill, the claimant may not use that gain to net the claimant’s gains and losses as the claimant could do if the claimant did not claim the subtraction.	Senate – referred to committee on Health, Health Insurance, Privacy, Property Tax Relief, and Revenue
SB42	Under current law, the Department of Agriculture, Trade and Consumer Protection (DATCP) regulates retail food establishments, such as grocery stores, and the Department of Health Services (DHS) regulates restaurants. This bill requires DATCP and DHS to prepare a plan to consolidate their food safety programs into one food safety program and to submit the plan to the legislature.	Senate - referred to committee on Agriculture and Higher Education
SB52	This bill creates an income tax and franchise tax credit for businesses that pay tuition for an individual to attend a university, college, or technical college. Sole proprietorships, corporations, and insurers may claim the credit. Partnerships, limited liability companies, and tax-option corporations compute the credit but pass it on to the partners, members, and shareholders in proportion to their ownership interests. The credit is an amount equal to: 1) 50 percent of the tuition paid by a business for an individual to attend school in a taxable year, if the individual is enrolled in a degree-granting program; and 2) 75 percent of the tuition paid by a business for an individual to attend school in a taxable year, if the individual is enrolled in a degree-granting program and if the individual’s taxable income is not more than 185 percent of the federal poverty line. If the credit claimed by a business exceeds the business’s tax liability, the state will not issue a refund check, but the business may carry forward any remaining credit to subsequent taxable years.	Senate – referred to committee on Economic Development
SB63	This bill creates an income tax and franchise tax credit for businesses that pay tuition for an individual to attend a university, college, or technical college. Sole proprietorships, corporations, and insurers may claim the credit. Partnerships, limited liability companies, and tax-option corporations compute the credit but pass it on to the partners, members, and shareholders in proportion to their ownership interests. The credit is an amount equal to: 1) 25 percent of the tuition paid by a business for an individual to attend school, if the individual is enrolled in a course of instruction approved by the Educational Approval Board; and 2) 30 percent of the tuition paid by a business for an individual to attend school, if the individual is enrolled in a course of instruction that relates to a projected worker shortage in this state. The taxpayer claims the total amount of the tuition paid for the individual for the taxable year in which the individual graduates from the course of instruction. If the credit claimed by a business exceeds the business’s tax liability, the state will not issue a refund check, but the business may carry forward any remaining credit to subsequent taxable years.	Senate – referred to committee on Economic Development
SB104	Under current law, no person may use the title “landscape architect” unless he or she holds a certificate of registration as a landscape architect issued by the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers, and Land Surveyors (the board). In order to be granted a certificate of registration as a landscape architect, a person must hold a bachelor’s or a master’s degree in landscape architecture from a curriculum approved by the board and have at least two years of practical experience in landscape architecture, or have a specific record of at least seven years of training and experience in the practice of landscape architecture including at least two years of courses in landscape architecture approved by the board, and four years of practical experience in landscape architecture. Further, the person must successfully complete an examination by the board. Under this bill, no person may practice landscape architecture unless he or she is registered as a landscape architect by the board. The registration requirements remain the same under the bill. The bill clarifies that landscape architecture does not include professional services provided by a person who is an architect, engineer, or land surveyor, if the person holds the credential required to engage in that practice. The bill also contains exemptions from the registration requirements for a number of persons, including: 1) an individual doing work on property owned by the individual; 2) biologists, professional geologists, and professional soil scientists; and 3) a person making plans or drawings for the selection, placement, or use of plants or site features.	Senate – referred to committee on Economic Development
SB110	This bill requires certain persons who breed and sell dogs (commercial dog breeders) to be licensed by the Department of Agriculture, Trade and Consumer Protection (DATCP). The licensing requirement applies to a person who is engaged in the business of breeding dogs and who sells or offers to sell at least 100 dogs in a year for resale. The bill authorizes DATCP to inspect a location for which a commercial dog breeder license is required before issuing an initial license. The bill also authorizes DATCP to inspect a location for which a commercial dog breeder license is required when DATCP has reason to believe that there is a violation of this state’s criminal laws relating to the treatment of animals or of the federal Animal Welfare Act. The bill requires DATCP to promulgate rules setting fees for commercial dog breeder licenses. The bill provides civil and criminal penalties for operating without a required license and authorizes DATCP to suspend or revoke a license if it finds a violation of this state’s criminal laws relating to the treatment of animals or of the federal Animal Welfare Act. Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report concerning the proposed penalty and the costs or savings that are likely to result if the bill is enacted.	Senate – referred to committee on Agriculture and High Education
SB113	Under current law, the secretary of natural resources is nominated by the governor, and with the advice and consent of the senate appointed, to serve at the pleasure of the governor. Under this bill, the Natural Resources Board appoints the secretary of natural resources for a four-year term. As the appointing body, the Natural Resources Board may remove the secretary from office at any time. The bill provides that the secretary in office when the bill takes effect serves a four-year term beginning when he or she was appointed. Under current law, when an appointive state office that has a specific term becomes vacant, because of a resignation or removal, for example, the new appointee is appointed for the rest of the unexpired term. Under this bill, when the office of secretary of natural resources becomes vacant, the new appointee serves a full four-year term beginning when he or she is appointed. Under current law, the Natural Resources Board consists of seven members nominated by the governor, and with the advice and consent of the senate appointed, for six-year terms. As with members of other state boards, a member of the Natural Resources Board may continue to serve after the expiration of his or her term until a successor is nominated and the senate consents to the nomination. This bill provides that the position of a member of the Natural Resources Board nominated after January 2, 2011, becomes vacant upon the expiration of the member’s term. This change triggers the application of a current provision under which the governor may provisionally fill a vacancy, without the consent of the senate. The provisional appointment remains in effect until the senate acts on the appointment.	Senate – referred to committee on Transportation, Tourism, Forestry, and Natural Resources
SB114	Under current law, certain persons who use pesticides must be licensed by the Department of Agriculture, Trade and Consumer Protection (DATCP). The licensing requirement does not apply to a veterinarian or a veterinary technician who uses a pesticide in the course of his or her practice, but a veterinary clinic at which pesticides are repackaged or used must have a veterinary clinic permit issued by DATCP. This bill eliminates the requirement that a veterinary clinic at which pesticides are repackaged or used have a veterinary clinic permit issued by DATCP. Current law requires the Veterinary Examining Board to promulgate rules requiring training and continuing education sufficient to assure competency of veterinarians and veterinary technicians in the use and disposal of pesticides. This bill generally prohibits the board from requiring training and continuing education concerning the use and disposal of pesticides.	Senate – referred to committee on Agriculture and High Education
SB123	Under current law, the Department of Natural Resources (DNR) administers various laws to control invasive species. DNR also regulates the placement of certain boats, boat trailers, and equipment (boats) in navigable waters with aquatic plants attached. This draft makes various changes to those laws and imposes new restrictions relating to invasive species and aquatic plants and animals.	Assembly – referred to committee on Natural Resources
SB138	This bill creates an income and franchise tax credit that is equal to the amount of sales and use taxes a person paid in the taxable year on the purchase or lease of any new motor vehicle that is licensed for highway use and capable of using both gasoline and a mixture of gasoline and at least 85 percent ethanol as a fuel to propel the motor vehicle or is a hybrid motor vehicle with a federal Environmental Protection Agency rating that is greater than 40 miles per gallon. The amount of the credit that a person may claim may not exceed an amount equal to $1,000 in the taxable year for each motor vehicle purchased in that year or $1,000 for all taxable years combined with respect to the lease of any single motor vehicle.	Senate – referred to committee on Health, Health Insurance, Privacy, Property Tax Relieve, and Revenue
SB185	Under current law, a city, village, town, or county (political subdivision) may not place any restrictions on the installation or use of an energy system (a solar energy system or a wind energy system) unless the restriction is for health or safety reasons, does not significantly increase the cost of the system or decrease its efficiency, or allows for an alternative comparable system. Current law defines “wind energy system” as equipment that converts and then stores or transfers energy from the wind into usable forms of energy. This bill requires the Public Service Commission (PSC) to promulgate rules establishing common standards for political subdivisions to regulate the construction and operation of wind energy systems. The bill also revises the definition of “wind energy system” to include associated facilities of the equipment specified under current law. The PSC’s rules must specify the restrictions a political subdivision may impose on the installation or use of such a system, and may include subjects such as visual appearance, setback distances, decommissioning, shadow flicker, electrical connections to the power grid, and interference with radio, telephone, or television signals. The PSC must also promulgate rules specifying requirements and procedures for a political subdivision to enforce such restrictions. If a political subdivision chooses to regulate such systems, its ordinances may not be more restrictive than the PSC rules. The bill also specifies various standards, procedures for applicants, and approval timelines for political subdivisions that must be contained in a political subdivision’s ordinance regulating the systems. The bill prohibits a political subdivision from prohibiting or restricting any person from conducting tests to determine the suitability of a site for the possible placement of a wind energy system, although the political subdivision may petition the PSC to impose reasonable restrictions on the testing. With regard to a proposed wind energy system that is one megawatt or larger, the bill provides that any person who is aggrieved by a political subdivision’s decision or enforcement action may seek review by the PSC. If the PSC determines that the political subdivision’s decision or enforcement action does not comply with the agency’s rules or is unreasonable, it must issue a superseding decision and order an appropriate remedy. The PSC’s decision or order may be appealed to circuit court. The bill specifies that if a county enacts an ordinance relating to the construction or operation of a wind energy system, as provided by the bill, the county ordinance applies only in the unincorporated parts of the county, except that if a town enacts a similar ordinance, the more restrictive terms of the two ordinances apply to the town. Finally, the bill does not affect a provision under current law that exempts certain electric generating facilities from local ordinances. Under current law, a person may not construct an electric generating facility with a nominal operating capacity of 100 megawatts or more unless the PSC grants a certificate of public convenience and necessity (CPCN) to the person. If the PSC has granted a CPCN to such a facility, and if installation or utilization of the facility is precluded or inhibited by a local ordinance, current law provides that the installation and utilization of the facility may nevertheless proceed. Because this bill does not affect that provision, the authority of a political subdivision to regulate a wind energy system under the bill is limited to those wind energy systems with a nominal operating capacity of less than 100 megawatts. However, the bill requires the PSC to consider the restrictions specified in the rules described above when the PSC determines whether to grant a CPCN to a wind energy system with a nominal operating capacity of 100 megawatts or more.	Senate – referred to committee on Commerce, Utilities, Energy and Rail
SB208	This bill requires certain persons who sell dogs or operate animal shelters or animal control facilities to be licensed by the Department of Agriculture, Trade and Consumer Protection (DATCP), beginning 18 months after the bill is enacted into law. The bill requires all of the following to obtain licenses, with limited exceptions: 1. A person who sells 25 or more dogs in a year (including a nonresident who brings dogs into this state for sale). 2. A person who operates a dog breeding facility (a place at which dogs are bred and raised) from which 25 or more dogs are sold in a year. 3. A person who operates an auction at which 50 or more dogs are sold or offered for sale in a year. 4. A person who operates an animal shelter that is used to shelter at least 25 dogs in a year. 5. A person who operates an animal control facility under a contract with a city, village, town, or county. The bill requires DATCP to inspect each location in this state at which a person who applies for a license operates before issuing an initial license and at least once every two years thereafter, except that during the first 12 months in which licenses are required DATCP may issue a temporary initial license before conducting the required inspection. The bill allows DATCP to make additional inspections during regular business hours to ensure compliance with requirements established in the bill. The bill specifies fees for licenses, generally based on the number of dogs sold, and authorizes DATCP to set higher fees by rule if necessary to cover the costs of administering the program.	Senate – referred to committee on Small Business, Emergency Preparedness, Technical Colleges, and Consumer Protection
SB209	This bill increases the tax rate for the tax on fermented malt beverages from $2 per barrel to $10 per barrel. In addition, an amount of the taxes collected on fermented malt beverages equal to $2 per barrel will be used by the Office of Justice Assistance in the Department of Administration to provide grants to counties and municipalities to reduce crimes related to alcohol use by employing additional law enforcement officers and obtaining equipment and training, and an amount of the taxes equal to $4 per barrel will be used for community aids related to alcohol and drug abuse treatment services. Finally, an amount of the taxes equal to $2 per barrel will be used for grants for substance abuse treatment and prevention programs.	Senate – referred to committee on Health, Health Insurance, Privacy, Property Tax Relief, and Revenue
SB247	Before the enactment of 2009 Wisconsin Act 28, the 2009−11 biennial budget act (budget act), DNR was required to make available a directory of all land that was purchased with funding from both stewardship programs (stewardship land) and that was open to public. DNR was also required to provide a list of all stewardship land acquired before October 27, 2007, for which public access had been prohibited or restricted and the reason for the restriction or prohibition. The deadline for making available the directory and list was October 28, 2011. The budget act repealed these requirements. This bill restores the requirements to make available the directory and list. The bill changes the deadline so that these requirements must be completed within three years after this bill becomes law. Under current law, DNR may not obligate money under the stewardship programs for certain projects or activities before DNR gives written notice of the proposed project or activity to the Joint Committee on Finance (JCF). With some exceptions, this procedure applies only when the amount of debt to be incurred for the project or activity exceeds $750,000. Upon receipt of the notice, if JCF does not notify DNR within 14 days after the date of DNR’s notification that JCF has scheduled a meeting to review the proposed project or activity, DNR can obligate the money. Current law contains a provision requiring that at such a review meeting the proposed project or activity will be approved unless a majority of the JCF members who attend the meeting vote to modify or deny the proposal. This bill removes this provision.	Senate - referred to committee on Environment
SB268	Current law regulates persons who render dead animals to produce grease or other nonfood products, process dead animals to produce animal food, or process previously cooked materials containing animal fat to produce grease. The law prohibits a person from establishing a facility in which such rendering or processing is conducted within one−eighth mile of a building used as a residence or as a public or private place of business. The bill permits a person to establish or expand a facility in which such rendering or processing is conducted within one−eighth mile of a building used as a residence or as a public or private place of business with the approval of the city, village, or town in which the facility would be located.	Senate - Available for Scheduling
SB271	This bill prohibits manufacturing or selling, or offering to sell, at wholesale an empty baby bottle or spill−proof cup primarily intended for use by a child five years of age or younger (child’s container) if the child’s container contains bisphenol A. A manufacturer or wholesaler must ensure that a child’s container sold or offered for sale in this state is conspicuously labeled as not containing bisphenol A. The bill does not apply to the sale of a used child’s container. Under the bill, the Department of Agriculture, Trade and Consumer Protection (DATCP) may, after a hearing, order a manufacturer or wholesaler of a container that violates the provisions of the bill to recall or repair the container. A person who violates the provisions of the bill may be fined up to $5,000, imprisoned in the county jail for up to one year, or both, and may also be required to forfeit $100 to $10,000 for each violation. Each container manufactured, sold, or offered for sale in violation of the provisions of the bill constitutes a separate violation. If a court imposes a fine or forfeiture, the court must also impose a surcharge equal to 50 percent of the amount of the fine or forfeiture. Under the bill, surcharges are appropriated to DATCP for administering and enforcing the provisions of the bill.	Senate - Availble for Scheduling
SB279	Financial assistance related to biofuels. The bill expands the applicability of relevant state financial assistance programs, to ensure that the programs support the establishment, production, harvest, storage, and transport of bioenergy feedstocks; theconversion of ethanol production plants to biomass energy for process heat; and the development and construction of biorefineries. The definition of “agricultural use” for purposes of use value taxation. Under current law, the Department of Revenue (DOR) is required to define the term “agricultural use” for purposes of determining whether the assessed value of a parcel of land should be determined under the use value assessment method. DOR currently defines the term “agricultural use” to exclude “growing short rotation woody trees with a growing and harvesting cycle of ten years or less for pulp or tree stock under NAICS industry 111421.” This bill requires DOR to define the term “agricultural use” to include the growing of short rotation woody crops, including poplars and willows, using agronomic practices. Strategic bioenergy feedstock assessment. The bill directs the Office of Energy Independence (OEI) to coordinate the biennial preparation of a strategic bioenergy feedstock assessment by the specified state agencies. Bioenergy advisory council, voluntary best management practices. The bill creates a bioenergy advisory council attached to DATCP and requires the council to report voluntary best management practices for sustainable biomass and biofuels production to agencies and private parties that assist biofuel feedstocks producers and biofuels producers. The agricultural diversification program. The bill expands the agricultural diversification program administered by DATCP to include the promotion of marketable credits for reducing emissions of greenhouse gases derived from the production of agricultural commodities (also known as carbon offset credits) and of other types of energy made from these commodities in addition to alternative fuels made from agricultural source stocks. The bill creates a comparable forestry diversification program administered by the Department of Natural Resources (DNR). The bill also directs DATCP and DNR to promote these new products in cooperation with and with the assistance of each other and the University of Wisconsin− Extension (UW−Extension). Biofuels training assessment. The bill requires the UW−Extension, in cooperation with other state entities, to conduct an educational needs assessment related to the production of biofuels and the development and production of feedstocks for the production of biofuels, and to report its findings to the Governor and the Legislature. Biofuels production facility regulatory review committee. The bill creates a nine−member Biofuels Production Facility Regulatory Review committee, with members appointed by the Governor, to review state and local regulatory burdens related to biofuels production facilities and to report its findings to the Governor and the Legislature. Marketing orders and agreements for bioenergy feedstocks. Under the “Agricultural Marketing Act” marketing orders or agreements can be issued for agricultural commodities. This bill designates products used as bioenergy feedstocks, including timber and wood products, as “agricultural commodities” under this Act, thus authorizing the creation of a marketing order or agreement for these feedstocks with the required approval of affected producers of the feedstocks. The bill also requires the secretary of DATCP to periodically assess the development of markets for bioenergy feedstocks and determine whether the issuance of a marketing order or agreement for these products would be appropriate. Personal renewable fuel production and use. This bill exempts the first 1,000 gallons of renewable fuel produced by a person each year, that the person uses in his or her personal vehicle, from the motor vehicle fuel excise tax, the petroleum inspection fee, and petroleum inspection requirements not required by federal law. The bill also allows a person to produce this renewable fuel without a business tax registration certificate or a motor vehicle fuel tax license. Income tax credit for blender pumps. Under current law, an “ethanol and biodiesel fuel pump” income tax credit is available for claimants who install or retrofit equipment for dispensing motor vehicle fuel to end−users that dispense fuel consisting of at least 85 percent ethanol or at least 20 percent biodiesel fuel. This bill modifies the definition of fuel subject to this credit and allows this income tax credit to be claimed for the installation or retrofit of equipment that blends fuels from separate storage tanks allowing the end−user to choose the percentage of gasoline− replacement renewable fuel or diesel− replacement renewable fuel in the dispensed fuel. Required offering of unblended gasoline to motor fuel dealers. This bill requires a motor fuel grantor (grantor) to offer unblended gasoline, suitable for subsequent blending with ethanol and subsequent sale, to any motor fuel dealer (dealer)with which it has a motor fuel dealership agreement (agreement). This bill also prohibits an agreement or contract between a dealer and grantor from requiring the dealer to purchase ethanol from the grantor exclusively. State renewable motor vehicle fuels sales goals and sales requirements. The bill creates annual sales goals for renewable fuels in this state equaling 110 percent of the state’s share of renewable fuel sales required nationally under the federal renewable fuel standard (F−RFS). The bill requires DATCP, in cooperation with and with assistance from Department of Commerce, DOR, and OEI, to collect information needed to determine whether these annual renewable fuels sales goals are met for each year following enactment of this bill. The state as a leader; renewable fuels use in the state fleet. The bill codifies Executive Order #141, relating to increased utilization of renewable fuels and vehicles owned and operated by the State of Wisconsin. In particular, the bill directs DOA to require state agencies to reduce the amount of gasoline and diesel fuels they use that are petroleum−based by specified percentages, requires OEI to promote the use of alternative fuels in flex fuel vehicles owned by the state, and directs OEI and DATCP to cooperatively promote public alternative fuel refueling facilities. Other duties of the Office of Energy Independence. The bill directs OEI to work on initiatives that have the goals of ensuring that Wisconsin is a national leader in developing biorefineries and advancing the sale and use of intermediate blends of gasoline and biofuels.	Senate - referred to committee on Rural Issues, Biofuels, and Information Technology
SB300	Under the Managed Forest Land (MFL) Program administered by the Department of Natural Resources, the owner of a parcel of land designated as MFL makes an annual acreage share payment that is lower than, and in lieu of, the property taxes that normally would be payable on the land. In exchange, the owner must comply with certain forestry practices. The owner may keep a specific area closed to public access and the remainder of the MFL must be kept open for recreational activities, such as hunting, fishing, and cross−country skiing. For MFL that is closed to the public, the MFL owner must make an additional payment. Current law imposes size limits on the area that may be closed and one of these limits is a maximum of 160 acres in a single town, city, or village. Under this bill, an MFL owner may not close a specific area even if it is less than 160 acres in a single town, city, or village if the specific area of land was, on January 1, 2009, part of a parcel under single ownership that exceeded 8,000 acres in size.	Senate Passed Assembly - referred to committee on Forestry
SB327	Current law designates a variety of state symbols and requires the Wisconsin Blue Book to include information about them. This bill designates Wisconsin cheese as the Wisconsin state snack and requires the Wisconsin Blue Book to include that information.	Senate - referred to committee on Agriculture and Higher Education
SB356	Under current law, an owner of a deer farm may charge a fee for hunting deer on the farm only if the deer to be hunted are confined in a contiguous area of 80 acres or more. Current law provides an exemption to this requirement if the deer farm had a deer farm license issued by the Department of Natural Resources (DNR) under previous law that was in effect on December 30, 2002, if the contiguous area is not smaller than the area authorized under the DNR license, and if other requirements are met. This bill expands this exemption to include areas that are less than 80 acres but that are part of a deer farm that is larger than 80 acres if the area that is less than 80 acres is not smaller than it was on December 31, 2002.	Senate - referred to committee on Agriculture and Higher Education
SB419	This bill requires the Department of Agriculture, Trade and Consumer Protection (DATCP) to promulgate rules that establish standards for products sold as honey and standards for the testing by private laboratories of samples submitted by persons who wish to sell honey produced in this state as Wisconsin certified honey. The standards for honey must be consistent with the standard for honey under the Codex Alimentarius of the Food and Agriculture Organization of the United Nations and the World Health Organization. The bill prohibits labeling a product as Wisconsin certified honey or implying that a product is Wisconsin certified honey, unless the product has been determined by testing to meet the standards established by DATCP, DATCP has approved a summary of the testing, and the product was produced in this state. Under the bill, DATCP investigates violations of this prohibition and may bring an action to enjoin violations. The bill also prohibits labeling a product as honey or implying that a product is honey, unless the product meets the standards established by DATCP. Any person who suffers damages as a result of a violation of this prohibition may bring an action against the violator to recover the amount of the person’s damages or $1,000, whichever is greater, plus reasonable attorney fees.	Senate - Available for Scheduling
SB428	Under current law, with limited exceptions, no person may operate upon a highway any vehicle or combination of vehicles that exceeds certain statutory weight limits unless the person obtains a permit issued by the Department of Transportation or a local authority. Under one exception, certain vehicles or vehicle combinations transporting agricultural crops may, without a permit, exceed weight limits by not more than 15 percent from September 1 to November 30 of each year. This bill extends the annual end date for this exception from November 30 to December 31.	Senate - referred to committee on Transportation, Tourism, Forestry and Natural Resources
SB434	Current law generally prohibits the sale of unpasteurized (commonly called raw) milk and other milk products. This bill authorizes a dairy farmer with a grade A dairy farm permit to sell unpasteurized milk, buttermilk, butter, and cream directly to consumers on the farm if the dairy farmer obtains a raw milk permit from the Department of Agriculture, Trade and Consumer Protection, the container is prepared and filled in a sanitary manner, and the dairy farmer displays a sign indicating that raw milk does not provide the protection of pasteurization. The bill also provides that a dairy farmer is not liable for selling a product as authorized by the bill, except in cases of willful or wanton acts or omissions.	Senate - referred to committee on Agriculture and Higher Education
SB450	This bill contains numerous provisions relating to reducing greenhouse gas emissions, and increasing energy efficiency and the use of renewable resources to produce energy.	Senate - referred to committee on Clean Energy