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Current WAC Legislative Activity

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

2008 Assembly Bills
Proposal

Description

Status

AB24

Currently, in calculating an individual’s income for purposes of MA or BadgerCare eligibility, if the individual has farm or self−employment income, DHFS calculates the amount of that income by adding to the amount of the individual’s net taxable income any amount that the individual claimed for depreciation. This bill prohibits DHFS from adding any amounts claimed for depreciation to an individual’s net taxable farm or self−employment income for purposes of determining whether an individual meets the income limits for BadgerCare or for MA under the AFDC−related or Healthy Start eligibility categories.

Assembly - Referred to Committee on Health and Healthcare Reform
AB33

Under current law, a person who owns land that has been assessed, for property tax purposes, as agricultural land and who converts the land’s use so that the land may not be assessed as agricultural land must pay a penalty to the county in which the land is located. The county pays 50 percent of the amount of the penalty to the taxation district in which the land is located. Under this bill, the county must pay the taxation district’s share of the penalty to the taxation district no later than August 20 of each year.

Assembly - Referred to Committee on Rural Affairs
AB47

Under current federal law, certain individuals may make tax−deductible contributions to health savings accounts and withdraw the money tax−free when needed to cover routine and preventive medical care.  Under this bill, an individual who makes contributions to such an account may claim a nonrefundable income tax credit for 6.5 percent of the allowable amount that the individual claims as a federal tax deduction for a contribution to a health savings account (HSA) or 6.5 percent of the federal tax−exempt earnings relating to an HSA, or both.

Assembly - Referred to Committee on Health and Healthcare Reform
AB67

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 and The Economy
AB72

This bill makes numerous appropriation changes, fund transfers, and position authorizations for the 2006−07 fiscal year.

Assembly - Tabled
AB 83

This bill creates an Agricultural Education and Workforce Development Council. The council consists of legislators, members from several state agencies and educational institutions, and members representing businesses related to agriculture, natural resources, and related areas such as food processing. The secretary of agriculture, trade and consumer protection appoints the members representing businesses. The bill requires the council to advise state agencies on matters related to agricultural education and workforce development in order to increase the hiring and retention of well−qualified employees in industries related to agriculture, food, and natural resources. The bill appropriates state funds for the council, but the council may not expend state funding in any fiscal year in an amount greater than the amount of private contributions that it receives in that fiscal year.

Assembly - Referred to Committee on Finance
AB 85

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. The amount of the credit that a person may claim may not exceed an amount equal to $1,000 for each motor vehicle purchased in the taxable year or $1,000 for all taxable years combined with respect to the lease of any single motor vehicle. The credit may be claimed for taxable years beginning after December 31, 2007, and before January 1, 2013.

Assembly - Referred to Committee on Finance
AB 93

This bill provides that, before DNR may award a grant under the program to provide grants for the acquisition of development rights, it must notify the Joint Committee on Finance (JCF). If the cochairpersons of JCF do not notify DNR within a specified date that JCF has scheduled a meeting to review the proposal, DNR may award the grant. If the cochairpersons notify DNR within that specified date that JCF has scheduled a meeting to review the proposal, then DNR may award the grant only upon approval of JCF. The bill also requires DNR to furnish an annual report to the Department of Administration containing specific information about each grant awarded under the acquisition of development rights grant program during the preceding year.

Assembly - Referred to Committee on Property Rights
AB 94 This bill establishes a health plan for Wisconsin, under which, beginning July 1, 2010, each state resident, with certain specified exceptions, shall receive reasonable medical services necessary to maintain health, enable diagnosis, and provide treatment or rehabilitation for an injury, disability, or disease. Specified persons who are excepted from the July 1, 2010, beginning date are phased in for eligibility that begins July 1, 2011. Assembly - Referred to Committee on Health and Healthcare Reform
AB101 Under this bill, any company that has hired illegal aliens 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. Assembly-Referred to Judiciary and Ethics
AB103

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 4 credits of English, 3 credits of social studies, 2 credits of mathematics, 2 credits of science, and 1.5 credits of physical education.  Beginning with pupils graduating in 2012, this bill requires an additional credit of mathematics and of science.

Assembly - Referred to Committee on Education
AB114 Under current law, a landowner who owns land within a drainage district (district) may file a petition with the drainage board for the withdrawal of the land from the district. If the drainage board determines, after a hearing, that several conditions are met, the drainage board is required to issue an order detaching the land from the district. The conditions that must be met are as follows: all benefits assessed against the land in question have been paid; the lands to be withdrawn will receive no benefit from the district; and the district will not be materially injured by the withdrawal of the lands.  Under this bill, before the drainage board may issue an order detaching the land from the district, the landowner who wants to withdraw the land must receive a vote of support from two−thirds of the members of the drainage board, from two−thirds of the landowners who own land within the district, or from landowners whose land constitutes two−thirds of the land within the district. Assembly - Referred to Committee on Agriculture
AB125

This bill provides that, beginning on January 1, 2008, any individual in this state who is a resident of this state and who is engaged in the business of farming, including any individual who is employed by a farm business, may elect to receive coverage under any health care coverage plan offered to state employees by paying to DETF the full cost of the required premiums. The bill also specifies several conditions that any individual seeking health care coverage under the state plan must meet and authorizes DETF to establish by rule preexisting condition exclusions for individuals who elect to receive coverage under the state plan.

Assembly - Referred to Committee on Insurance
AB146

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 - Rules
AB156 This bill creates the stewardship 2000 trust fund. Under the bill, all gifts, grants, bequests and other contributions made to the stewardship 2000 trust fund may only be used for the stewardship 2000 program. Assembly-Referred to Finance
AB157

This bill provides for the management of emissions of specified greenhouse gases, including carbon dioxide. Greenhouse gases are gases that trap heat in the atmosphere. The bill treats greenhouse gas emissions from the generation of electricity that is generated outside this state but is used in this state as though the emissions occurred in this state.

Assembly - Referred to Committee on Natural Resources
AB164

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 (DOT) or a local highway authority. One exception allows DOT and local highway authorities to declare certain highways under their jurisdiction as frozen and eligible for increased weight limitations, and to establish increased weight limitations on these highways, for the transportation of certain forest products or of abrasives or salt for highway winter maintenance in excess of generally applicable statutory weight limitations.  2005 Wisconsin Act 167 (Act 167) eliminated, effective January 1, 2011, this frozen road weight limitation exception with respect to vehicles transporting certain forest products. This bill repeals Act 167’s elimination of the frozen road weight limitation exception for forest products, thereby restoring this exception. The bill also requires that DOT and local highway authorities, with respect to highways under their respective jurisdictions, make frozen road declarations on the first day that conditions warrant, as determined by DOT and local highway authorities under applicable standards, and that these declarations become effective as of 12:01 a.m. on the second day following the declaration.

Assembly - Referred to Committee on Transportation
AB171

Under current law, the sale of coal, fuel oil, propane, steam, peat, fuel cubes produced from solid waste, and wood used for fuel is exempt from state, county, and special district sales and use taxes, if such items are sold for residential use. This bill allows a person to claim an individual income tax credit in an amount equal to the amount of state and local sales and use taxes that the person paid in the taxable year on the purchase of corn used for fuel for residential use.

Assembly - Referred to Committee on Finance
AB232

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 requirement 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 Rural Affairs
AB234

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 - Rules
AB238

This bill was prepared for the special committee on highway weight limits. The study committee was created by the joint legislative council in response to the mandate of 2005 Wisconsin Act 167 which provides as follows:

"The joint legislative council shall conduct a comprehensive study to review the system of motor vehicle weight limits on the state’s highways and bridges. The study shall include the issues and interrelationships between economic impacts, truck configurations, expected compliance levels and enforcement constraints, and impacts on the public infrastructure, operational, and safety issues. The joint legislative council shall convene a committee to conduct the study, and representatives of local government, the department of transportation, the trucking industry, the raw forest products industry, and agricultural producers shall be invited to serve on the committee...."

Assembly - Referred to Committee on Transportation
AB268

Before the drainage board may issue an order detaching the land from the district, the landowner who wants to withdraw the land must receive a vote of support from two−thirds of the members of the drainage board, from two−thirds of the landowners who own land within the district, or from landowners whose land constitutes two−thirds of the land within the district.

Assembly - Referred to Committee on Biofuels and Sustainable Energy
AB291

This bill creates a loan program, to be administered by HEAB, to defray a portion of the cost of tuition, fees, and expenses for persons who are enrolled at an accredited school of veterinary medicine in this state in a curriculum leading to a doctor of veterinary medicine degree and who agree to engage full time in this state for not less than six years in a veterinary medicine practice in which not less than 75 percent of the revenue produced by the loan recipient is derived from providing veterinary medical services to animals that are raised to produce food for human consumption (food−producing animal veterinary practice). The maximum amount of a loan that a person may receive during any fiscal year is $12,500 and the maximum amount that a person may receive under the program is $50,000. After a loan recipient has completed his or her curriculum of study, HEAB must forgive 10 percent of the loan’s principal and interest after the first full year, 10 percent of the loan’s principal and interest after the second full year, 10 percent of the loan’s principal and interest after the third full year, 10 percent of the loan’s principal and interest after the fourth full year, 20 percent of the loan’s principal and interest after the fifth full year, and 20 percent of the loan’s principal and interest after the sixth full year that the recipient has been employed full time in this state in a food−producing animal veterinary practice.

Assembly - Referred to Committee on Finance
AB294 Regulation of electrical wiring  Under current law, the Department of Commerce (Commerce) promulgates rules for electric construction in public buildings and places of employment and in places where farming is conducted. This bill expands Commerce’s duty in this regard to promulgate a state wiring code that establishes standards for installing, repairing, and maintaining electrical wiring, regardless of what type of building is involved. The authority of a city, village, town, or county (municipality) to enact a local electrical code is also expanded in the same manner. The bill defines "electrical wiring" to be equipment and wiring for the production and control of electrical energy; "electrical wiring" does not include the equipment and wiring used by public utilities, electric cooperatives, or operators of wholesale merchant plants for the generation, transmission, and distribution of electricity to their customers or members. (A "wholesale merchant plant" is a plant that is generally not owned by a public utility and that provides service to wholesale customers.)

Regulation of electricians and electrical and other contractors   Under current law, Commerce administers a certification program for master electricians, electrical contractors, journeymen electricians, and beginning electricians. The program has a uniform examination for certification of master electricians and specifies that only master electricians and persons who employ at least one master electrician may be certified as electrical contractors. The program also establishes requirements for the certification of journeymen electricians and beginning electricians. Also under current law, a municipality may license an electrical contractor if the contractor has at least one master electrician as an employee. However, current law does not specifically require that a person be licensed or certified by Commerce or by a municipality to work as an electrician or electrical contractor. Under this bill, a municipality may no longer license a contractor. Also, the bill specifically prohibits municipalities from registering or licensing electricians.  Instead, under the bill, no person may work as an electrician or as an electrical contractor unless the person is licensed by or registered with Commerce. Commerce must promulgate rules for the licensing of electrical contractors and for the licensing and examination of all types of electricians, including journeymen and master electricians, but excluding beginning electricians. Under the bill, beginning electricians must register but do not need to pass an examination. The bill also requires that no person may do electrical work unless a master electrician is at all times responsible for the work.  The bill specifies several persons who are exempt from licensing or registration, including persons who perform certain types of electrical work on their own residences or in their own facilities, persons who perform electrical work on elevators, escalators, and alarm systems, and persons who perform equipment installation that is not primarily electrical in nature. Also exempt are employees and subcontractors of electricity providers, persons who work on lighting or signals for public thoroughfares or airports, and persons who work on the utility side of substations and other distribution facilities owned or operated by customers or members of electricity providers. In addition to requiring Commerce to promulgate rules for the regulation of all electricians, the bill imposes specific requirements as to the amount of experience necessary to be licensed as a residential or nonresidential journeyman electrician. Finally, the bill repeals a provision authorizing the licensing and regulation of heating and air conditioning contractors in any county with a population of 500,000 or more (currently only Milwaukee County).

Inspections of electrical wiring  Under current law, Commerce promulgates rules for inspections of electrical construction in public buildings, places of employment, and places where farming is conducted. This bill expands the scope of this rule−making authority to cover all electrical wiring. Under current law, a municipality may enact an ordinance regulating the inspection of electrical construction in public buildings and places of employment if the ordinance meets the minimum state requirements. Under current law, Commerce must contract with a municipality for inspections of electrical construction for compliance with state law if the municipality has enacted such an ordinance and if the municipality requests Commerce to do so. Commerce must also provide such inspection in a municipality that has not enacted such an ordinance. This bill eliminates these provisions concerning contracting between Commerce and a municipality. The bill also expands the scope of municipal inspection authority to cover all electrical wiring.  Commerce may, at the request of the owner or tenant, inspect the exterior and interior wiring of a public building or place of employment to determine compliance with state law. Current law also requires the company furnishing electric current to obtain proof of compliance with state law before furnishing the current. This bill eliminates these provisions.  The bill requires Commerce to promulgate rules establishing criteria for certifying all electrical inspectors of electrical wiring. Under current law, Commerce is required to promulgate certification criteria only for inspectors of public buildings and places of employment. The bill also requires Commerce to promulgate rules establishing standards and a process for the inspection of electrical wiring, including the inspection of electrical wiring for which a municipality does not provide inspection. The bill specifically prohibits municipalities from certifying electrical inspectors and requires that all inspections of electrical wiring be conducted by inspectors certified by Commerce.

Assembly - Referred to Committee on Labor and Industry
AB299

This bill allows the governing body of a taxation district, by ordinance, to exclude from the assessed value of a person’s principal dwelling the value of improvements made to the principal dwelling for no more than three years beginning with the property tax assessment for the year in which the improvement is made.

Assembly - Referred to Ways and Means Committee
AB306 This bill establishes an additional assessment of 0.4 cents per bushel that must be paid by corn growers who are required to pay the assessment under the marketing order for corn. The bill requires the marketing board for corn, known as the Corn Promotion Board, to use the proceeds of this assessment for the purposes of the marketing order. The bill allows a producer to obtain a rebate of the assessment imposed under the bill. The bill specifies that the 0.4 cent per bushel assessment ends on June 30, 2012, if corn producers approve a referendum to end the assessment. Assembly - Rules
AB371

Under this bill, a person may claim an income and franchise tax credit for certain amounts based on the vehicle’s purchase price, if the person purchased or leased in the taxable year any of the following vehicles (eligible vehicles) that are sold or leased as new motor vehicles, manufactured in this state, and licensed for highway use:

1. A motor vehicle that is capable of using both gasoline and a mixture of gasoline and at least 85 percent ethanol as a fuel to propel the motor vehicle.

2. A vehicle that has a chemically fueled internal combustion engine which is capable of operating on gasoline, one or more alternative fuels, or diesel fuel, or by means of a gas turbine, and is also equipped with an electric motor and an energy storage device.

3. A vehicle that satisfies the requirements of the neighborhood electric vehicle test program conducted by the federal Department of Energy.

4. A plug−in hybrid−electric vehicle.

The bill also allows a person to claim an income and franchise tax credit of $50 for the purchase and installation of an engine modification kit that converts the person’s motor vehicle into any vehicle described in 1. to 4. above.

The bill requires the Department of Transportation (DOT) to annually prepare and make publicly available a list of eligible vehicles, identified by vehicle make and model.

Assembly - Referred to Committee on Agriculture
AB378

This bill creates income and franchise tax credits for the amount that a person pays in the taxable year for any of the following:  1. Equipment that generates electricity from solar energy, wind energy, or agricultural waste.  2. Research and development related to designing and manufacturing equipment that generates electricity from solar energy, wind energy, garbage, or agricultural or organic waste.  3. The construction of an energy efficient commercial building. 4. The installation of fuel station equipment that dispenses fuel that, generally, consists of at least 85 percent ethanol or 20 percent biodiesel fuel.  5. Building materials used by a contractor to construct an energy efficient home.  6. Energy efficient equipment and products that the person installs in his or her principal residence, including air−source and geothermal heat pumps, solar water heating systems, windows, exterior doors, Energy Star appliances and metal roofing materials, woodburning furnaces, and cornburning furnaces.

Under current law, a person who makes an "angel" investment in a business certified by the Department of Commerce to receive such investments may claim an income tax credit for 25 percent of the investment. Certain businesses, however, are not eligible for certification, including any business engaged in retail trade, hospitality, transportation, or construction. The bill provides that a business engaged in the construction of a power production plant that derives energy from a renewable resource may be certified to receive angel investments. Finally, the bill provides that the motor vehicle fuel tax does not apply to ethanol contained in motor vehicle fuel that consists of at least 85 percent ethanol or to biomass or any other renewable resource contained in biodiesel fuel that contains at least 20 percent biomass or other renewable resource.

Assembly - Referred to Committee on Biofuels and Sustainable Energy
AB381

This bill creates an income and franchise tax credit for the amount of the sales and use tax that a taxpayer pays in the taxable year on the purchase of electricity used in agricultural biotechnology. If the amount of the credit exceeds the taxpayer’s tax liability, the taxpayer does not receive a refund, but, instead, may claim the amount of any unused credit in subsequent taxable years.

Assembly - Referred to Committee on Agriculture
AB396

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 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 to turf when the ground is frozen. The bill also prohibits the application of lawn fertilizer to an impervious surface and requires a person who spills lawn fertilizer onto an impervious surface to immediately remove the fertilizer. This bill prohibits the retail sale of lawn 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 lawn fertilizer that contains phosphorus, but authorizes a retailer to post a sign stating that lawn fertilizer containing phosphorus is available upon request for the purposes for which the bill allows it to be used.

Assembly - Referred to Committee on Natural Resources
AB470 Under current law, a person who owns land that has been assessed, for property tax purposes, as agricultural land and who converts the land’s use so that the land may not be assessed as agricultural land must pay a penalty to the county in which the land is located. This bill changes the term “penalty” to “conversion charge,” as it relates to the amount that a taxpayer pays for converting agricultural land. Under the bill, if the taxation district assessor determines that land assessed as agricultural land for the previous year is no longer eligible to be assessed as agricultural land, the assessor must notify the property owner, in writing, that the
property owner may be subject to a conversion charge.
Assembly-Referred to Rules
AB513 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 4 credits of English, 3 credits of social studies, 2 credits of mathematics, 2 credits of science, and 1.5 credits of physical education. This bill provides that if a pupil earns at least two credits of science, the school board must award the pupil an additional science credit for completing each course in agriculture that the University of Wisconsin-Madison has determined qualifies as a science credit for admission purposes.
Assembly-Referred to Education
AB546 Under the bill, there is no penalty connected with a citation for an open burning violation that is committed within a year after the bill takes effect. After that, the bill provides a maximum forfeiture (civil penalty) of $500 for an open burning violation for which a citation is issued, except that the maximum forfeiture is $5 for a first offense involving a person burning limited amounts of residential solid waste on the person’s own property. In addition, the bill exempts a person who is subject to the $5 maximum forfeiture from the crime laboratories and drug law enforcement surcharge, the jail surcharge, the penalty surcharge, the court support services surcharge, and the justice information system surcharge. Assembly-Referred to Natural Resources
AB554

Under current law, the Department of Agriculture, Trade and Consumer Protection (DATCP) licenses nursery growers, nursery dealers, and Christmas tree growers. A nursery grower is a person who grows nursery stock for sale. A nursery dealer is a person, other than a nursery grower, who sells or distributes nursery stock. This bill makes changes in the laws related to nursery growers, nursery dealers, and Christmas tree growers. The bill authorizes DATCP to change by rule the annual license fees for nursery growers, nursery dealers, and Christmas tree growers.

Under current law, a nursery grower who also sells nursery stock obtained from another source is not required to obtain a nursery dealer license. This bill requires a nursery grower who sells nursery stock obtained from another source to obtain a nursery dealer license, in addition to a nursery grower license.

Under current law, a nursery grower who also grows Christmas trees is not required to obtain a Christmas tree grower license, but is required to pay an additional fee equal to the fee paid by Christmas tree growers. Under this bill, a nursery grower who also grows Christmas trees must obtain a Christmas tree grower license, in addition to a nursery grower license. The bill does not change the total amount of fees that the nursery grower must pay. The bill increases the annual license fee that must be paid by a nursery dealer who spends more than $3,000,000 in a year for nursery stock. The bill clarifies that nursery growers, nursery dealers, and Christmas tree growers may operate from more than one location under a single license.

Assembly-Referred to Rules
AB607 Among the forestry practices prohibited on land under the MFL program is development of the land for commercial recreation, for industry, or for any other use determined by DNR to be incompatible with the practice of forestry. This bill creates an exception to these restrictions by requiring DNR to allow land on which wind turbines are located to be eligible for designation as MFL. The bill specifies that the exception applies only if the wind turbines do not interfere with sound forestry practices on that land. The bill requires DNR to promulgate rules that establish standards for wind turbines that may be allowed on MFL. Assembly –Referred to Biofuels and Sustainable Energy
AB643

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. A scholarship grant under the program may not exceed 50 percent of the total cost of receiving the certification.

This bill expands the scope of the scholarship grant program so that an individual who is seeking logger safety training certified by the Wisconsin professional Loggers Association is also eligible for a grant.

Assembly –Referred to Forestry
AB667 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) a person doing work on property owned by the person; 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 other site features, if the project scope does not adversely affect the public health, safety, or welfare.
Assembly – Referred to Labor and Industry
AB689 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 Transportation
AB701 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 and family services (DHFS), which is renamed the Department of Health Services on July 1, 2008, regulates restaurants. This bill requires DATCP and DHFS to prepare a plan to consolidate their food safety programs into one food safety program.
Assembly – Referred to Transportation
AB703 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 2014, at least one member of the Natural Resources Board have an agricultural background. The bill also requires that, beginning in 2014, 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 Natural Resources
AB712 Under this bill, any company that has hired illegal aliens is, for a period of two 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. Assembly - Referred to Judiciary and Ethics
AB732 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 Agriculture
AB735 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 bill makes a terminology change by substituting the words “applicant” and “application” for petitioner” and “petition” in the subchapter related to the MFL program. This change is nonsubstantive.
2. The bill changes the dates before which DNR must act on applications under the MFL program and changes the deadline for owners to file applications to renew MFL orders.
3. The bill requires that a forestry management plan for the MFL accompany the application and eliminates the requirement that DNR prepare the plan upon the request of the applying landowner. Under the bill, DNR must prepare the plan only if DNR determines that the applicant is not able to have a proposed management plan prepared by a certified independent plan writer. The bill requires DNR to promulgate rules establishing the criteria for when DNR will prepare the plan.
4. The bill requires DNR to prepare an estimate of the withdrawal tax that would be due if the MFL is withdrawn upon request of DNR or an MFL landowner. Under the bill, the Department of Revenue assists with the preparation of these estimates.
5. The bill eliminates the requirement that the stumpage value that is used to determine the amount of yield taxes and withdrawal taxes under the MFL program be established by rule.
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. The bill allows facsimile signatures and exempts documents from register of deeds authentication requirements under the forest croplands program. These provisions exist for the MFL program under current law.
Assembly - Referred to Forestry

2008 Senate Bills

Proposal

Description

Status

SB18

Under current federal law, certain individuals may make tax−deductible contributions to health savings accounts and withdraw the money tax−free when needed to cover routine and preventive medical care.  Under this bill, an individual who makes contributions to such an account may claim a nonrefundable income tax credit for 6.5 percent of the allowable amount that the individual claims as a federal tax deduction for a contribution to a health savings account (HSA) or 6.5 percent of the federal tax−exempt earnings relating to an HSA, or both.

Senate - Referred to Committee on Health and Human Services
SB 31 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 Small Business, Emergency Preparedness, Workforce Development, Technical Colleges and Consumer Protection
SB 33

Current law prohibits a person from cutting or removing timber or other forest products without the consent of the owner of the forest products. A person who violates this provision is subject to a forfeiture or, if the violation is intentional, the person may be punished for theft.  This bill prohibits a person who enters into a contract with the owner of raw forest products to cut or remove those products from failing to pay the total amount of compensation required by the contract. Under the bill, a person who violates this provision is subject to a forfeiture and, if the failure to pay was with the intent to defraud the owner of the products, to the penalties for theft.  The bill also provides that, if a court enters a judgment in a civil action to recover the amount of compensation due under a contract to cut or remove raw forest products, the court must also award court costs and reasonable attorney fees to the successful party if the unsuccessful party, before commencement of the action, unreasonably refused to pay a demand for damages or to accept an offer of payment for damages.  Finally, the bill requires that every mill that receives raw forest products for processing provide a receipt to the person from whose land the products were harvested. The receipt must be furnished within three months from the date the products were delivered to the mill.

Senate - Referred to Committee on Environment and Natural Resources
SB 39

This bill makes numerous appropriation changes, fund transfers, and position authorizations for the 2006−07 fiscal year.

Senate - Vetoed in Part
SB 41

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 4 credits of English, 3 credits of social studies, 2 credits of mathematics, 2 credits of science, and 1.5 credits of physical education.  Beginning with pupils graduating in 2012, this bill requires an additional credit of mathematics and of science.

Senate - Referred to Committee on Education
SB 51

This bill establishes a health plan for Wisconsin, under which, beginning July 1, 2010, each state resident, with certain specified exceptions, shall receive reasonable medical services necessary to maintain health, enable diagnosis, and provide treatment or rehabilitation for an injury, disability, or disease. Specified persons who are excepted from the July 1, 2010, beginning date are phased in for eligibility that begins July 1, 2011.

Senate - Referred to Committee on Health and Human Services
SB 66

This bill provides that, beginning on January 1, 2008, any individual in this state who is a resident of this state and who is engaged in the business of farming, including any individual who is employed by a farm business, may elect to receive coverage under any health care coverage plan offered to state employees by paying to DETF the full cost of the required premiums. The bill also specifies several conditions that any individual seeking health care coverage under the state plan must meet and authorizes DETF to establish by rule preexisting condition exclusions for individuals who elect to receive coverage under the state plan.

Senate - Referred to Committee on Transportation, Tourism and Insurance
SB 81

This bill provides for the management of emissions of specified greenhouse gases, including carbon dioxide. Greenhouse gases are gases that trap heat in the atmosphere. The bill treats greenhouse gas emissions from the generation of electricity that is generated outside this state but is used in this state as though the emissions occurred in this state.

Senate - Referred to Committee on Environment and Natural Resourcs
SB 89

Various provisions in current law require the Department of Agriculture, Trade and Consumer Protection (DATCP) to promote the agricultural products of this state.  This bill requires DATCP to conduct a program to increase awareness and consumption of locally produced foods and related products and to increase the production and improve the distribution of foods and related products for local consumption. The bill also creates a grant program under which DATCP provides grants for regional food and cultural tourism trails and for promoting the development of regional food systems through activities such as creating or expanding facilities for the processing and distribution of food for local consumption.

Senate - Referred to Committee on Finance
SB 90

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 Environment and Natural Resources
SB 122

Under this bill, all property purchased or constructed as a waste treatment facility and used exclusively and directly to remove, store, or cause a physical or chemical change in industrial waste or air contaminants is exempt from property taxes.

Senate - Referred to Committee on Finance
SB130

Currently, the state minimum wage law requires that employers pay a living wage to their employees. Under that law, the Department of Workforce Development (DWD) has provided, by rule, minimum wages for various types of employees, including employees, generally; minor employees; opportunity employees, which are defined as employees under 20 years of age in their first 90 days of employment with a particular employer; tipped employees; agricultural employees; camp counselors; golf caddies; students employed at independent colleges and universities for less than 20 hours per week; student learners employed in bona fide school training programs; and individuals who are unable to earn the standard minimum wage because of a disability. DWD has exempted, by rule, from the minimum wage law employees who perform less than 15 hours per week of casual employment, such as baby−sitting or lawn mowing, in and around an employer’s home; employees who provide companionship services to elderly or infirm individuals; and elementary and secondary school students performing work−like activities in their schools. DWD has also promulgated rules providing allowances against the minimum wage for employers that provide meals or lodging for their employees.  Under this bill, DWD will continue to provide the exemptions listed above and separate minimum wages for students employed at independent colleges and universities for less than 20 hours per week, student learners employed in bona fide school training programs, and individuals who are unable to earn the standard minimum wages because of a disability. For other employees, however, the bill sets the minimum wages, effective on September 1, 2007, or on the day after publication of the bill, whichever is later.

Senate - Referred to Committee on Labor, Elections and Urban Affairs
SB155

This bill creates a loan program, to be administered by HEAB, to defray a portion of the cost of tuition, fees, and expenses for persons who are enrolled at an accredited school of veterinary medicine in this state in a curriculum leading to a doctor of veterinary medicine degree and who agree to engage full time in this state for not less than six years in a veterinary medicine practice in which not less than 75 percent of the revenue produced by the loan recipient is derived from providing veterinary medical services to animals that are raised to produce food for human consumption (food−producing animal veterinary practice). The maximum amount of a loan that a person may receive during any fiscal year is $12,500 and the maximum amount that a person may receive under the program is $50,000. After a loan recipient has completed his or her curriculum of study, HEAB must forgive 10 percent of the loan’s principal and interest after the first full year, 10 percent of the loan’s principal and interest after the second full year, 10 percent of the loan’s principal and interest after the third full year, 10 percent of the loan’s principal and interest after the fourth full year, 20 percent of the loan’s principal and interest after the fifth full year, and 20 percent of the loan’s principal and interest after the sixth full year that the recipient has been employed full time in this state in a food−producing animal veterinary practice.

Senate - Referred to Committee on Agriculture and Higher Education
SB177

This bill establishes an additional assessment of 0.4 cents per bushel that must be paid by corn growers who are required to pay the assessment under the marketing order for corn. The bill requires the marketing board for corn, known as the Corn Promotion Board, to use the proceeds of this assessment for the purposes of the marketing order. The bill allows a producer to obtain a rebate of the assessment imposed under the bill. The bill specifies that the 0.4 cent per bushel assessment ends on June 30, 2012, if corn producers approve a referendum to end the assessment.

Enacted Into Law
SB197

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 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 to turf when the ground is frozen. The bill also prohibits the application of lawn fertilizer to an impervious surface and requires a person who spills lawn fertilizer onto an impervious surface to immediately remove the fertilizer.  This bill prohibits the retail sale of lawn 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 lawn fertilizer that contains phosphorus, but authorizes a retailer to post a sign stating that lawn fertilizer containing phosphorus is available upon request for the purposes for which the bill allows it to be used.

Senate - Referred to Committee on Environment and Natural Resources
SB262 This bill prohibits the slaughter of equine animals (horses and related animals) for human consumption. Senate - Referred to Agriculture and Higher Education
SB297

Under current law, the Department of Agriculture, Trade and Consumer Protection (DATCP) licenses nursery growers, nursery dealers, and Christmas tree growers. A nursery grower is a person who grows nursery stock for sale. A nursery dealer is a person, other than a nursery grower, who sells or distributes nursery stock. This bill makes changes in the laws related to nursery growers, nursery dealers, and Christmas tree growers. The bill authorizes DATCP to change by rule the annual license fees for nursery growers, nursery dealers, and Christmas tree growers.

Under current law, a nursery grower who also sells nursery stock obtained from another source is not required to obtain a nursery dealer license. This bill requires a nursery grower who sells nursery stock obtained from another source to obtain a nursery dealer license, in addition to a nursery grower license. Under current law, a nursery grower who also grows Christmas trees is not required to obtain a Christmas tree grower license, but is required to pay an additional fee equal to the fee paid by Christmas tree growers. Under this bill, a nursery grower who also grows Christmas trees must obtain a Christmas tree grower license, in addition to a nursery grower license. The bill does not change the total amount of fees that the nursery grower must pay. The bill increases the annual license fee that must be paid by a nursery dealer who spends more than $3,000,000 in a year for nursery stock. The bill clarifies that nursery growers, nursery dealers, and Christmas tree growers may operate from more than one location under a single license.

Assembly - Referred to Rules
SB380

This bill relates to renewable motor vehicle fuels. Under the bill, renewable fuels consist of ethanol, biodiesel, and hydrogen produced using wind power. In addition, the bill authorizes the Department of Agriculture, Trade and Consumer Protection (DATCP) to promulgate rules designating additional fuels, other than petroleum-based fuels, as renewable fuels.

This bill generally subjects a refiner to a penalty if the percentage of renewable fuel sold by the refiner, beginning in 2009, is less than a percentage set in the bill. The percentage of renewable fuel sold is determined by dividing the total volume of wholesale sales of renewable fuel in a year by the refiner’s five year rolling average volume of wholesale sales of all motor vehicle fuel, other than diesel fuel, and multiplying by 100. The percentage begins at 10 percent and increases to 25 percent in 2025 and thereafter. The bill authorizes DATCP to implement a system of credit trading for refiners, under which a refiner who sells more than the required percentage of renewable fuels in a year could sell credits to refiners who fail to meet the renewable fuel requirements, enabling the purchasing refiners to avoid a penalty. The bill authorizes DATCP to temporarily suspend the requirements imposed on wholesalers if a sufficient supply of renewable fuel is not available.

This bill also provides that if the total amount of biodiesel fuel sold at retail in this state in 2007 is less than 40,000,000 gallons, a person who sells diesel fuel at retail is generally subject to a penalty if the volume of biodiesel fuel sold by the person in a year, beginning in 2009, is less than five percent of the total volume of diesel fuel sold by the person at retail in that year. The bill authorizes DATCP to temporarily suspend the requirements imposed on retailers if a sufficient supply of biodiesel is not available.

Senate – Available for Scheduling
SB425 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