The bill also allows DATCP to provide grants to organic producers, industry
participants, and local organizations, which may be used to provide education and
technical assistance related to organic farming, to help create organic farming plans,
and to assist farmers in transitioning to organic farming.
The bill authorizes DATCP to provide grants to entities to provide education
and training to farmers about best practices related to grazing. DATCP is also
authorized under the bill to help farmers market value-added agricultural products.
Conservation grants
The bill requires DATCP to award grants to develop and provide education and
training to farmers about best practices related to grazing and pasture maintenance
and to provide cost-sharing incentive payments to farmers to develop and adopt
regenerative agricultural practices. DATCP may not allocate more than $320,000
for these grants in any single fiscal year.
Nitrogen optimization pilot program
The bill requires DATCP to create a nitrogen optimization pilot program, under
which DATCP awards grants to farmers to implement a project that has the potential
to reduce nitrate loading to groundwater in the area. The farmer must collaborate
with the College of Agricultural and Life Sciences at the University of
Wisconsin–Madison, the Center for Watershed Science and Education at the
University of Wisconsin–Stevens Point, or the University of Wisconsin–Extension.
The bill requires the collaborating university to monitor a grant project on-site
and to use information gathered from grant projects to research nitrate loading
reduction methods, with a goal of making recommendations to agricultural
producers on optimizing nitrogen usage while improving water quality in this state.
The bill limits the total amount of a grant to both a farmer and the collaborating
university to $125,000. No more than 50 percent of this total amount may be
awarded to the collaborating university.
Regenerative agriculture practices grant program
The bill requires DATCP to award grants to provide cost-sharing for
conducting soil tests and other carbon sequestration analyses; updating nutrient
management software; studying the feasibility of a statewide carbon market;
assessing the market value of carbon sequestration; and, for agricultural producers,
implementing regenerative agricultural practices. DATCP may not allocate more
than $370,000 for these grants in any single fiscal year.
In conjunction with providing these grants, DATCP must also evaluate the
accuracy and efficiency of existing tools that calculate carbon credits generated by
producer-led watershed protection grant recipients; identify opportunities and
facilitate groups of agricultural producers to work together to generate carbon
credits; provide technical assistance to farmers and agricultural agencies and
professionals regarding carbon credit generation to help them choose whether to
collaborate with carbon credit project developers in the future; study the feasibility
of a statewide carbon market; and assess the market value of carbon sequestration.
Technical assistance for resource conservation
The bill creates a resource conservation technical assistance program in
DATCP for providing technical assistance to farmers related to increasing or
maintaining agricultural yields while promoting soil health, water quality, and
regenerative agricultural practices and for providing grants to local governments,
nongovernmental organizations, federally recognized American Indian tribes or
bands, businesses, and individuals.
Grants for hiring farm business consultants
The bill authorizes DATCP to provide grants to county agriculture agents of the
UW–Extension to help farm operators hire business consultants and attorneys to
examine their farm business plans and help them create farm succession plans.
Farm to School program: preference to districts with high free or
reduced-price meal eligibility
Current law requires DATCP to promote farm to school programs, which
connect schools with nearby farms to provide children with locally produced foods in
school meals. The bill requires that in awarding grants under the farm to school
program DATCP must give preference to school districts that have a high percentage
of students who are eligible for free or reduced-price meals under federal law.
Farm to Fork grant program
The bill creates a farm to fork program, similar to the existing farm to school
program. Under the program, DATCP may provide grants to entities (other than
school districts) that have cafeterias to connect them to nearby farms to provide
locally produced foods in meals and snacks, to help the public develop healthy eating
habits, to provide nutritional and agricultural education, and to improve farmers'
incomes and direct access to markets.
Grants for meat processing facilities
The bill allows DATCP to award grants to meat processing facilities for the
purpose of promoting the growth of the meat industry in this state.
Meat processing tuition grants
The bill requires DATCP to provide grants to universities, colleges, and
technical colleges to reimburse tuition costs of students enrolled in a meat processing
program. Each tuition reimbursement covers up to 80 percent of the tuition cost for
enrolling in a meat processing program, limited to a maximum reimbursement of
$7,500.
Farmland preservation implementation grants
The bill authorizes DATCP to award grants to counties to implement a certified
county farmland preservation plan.
Grants for rural business and economic development
Current law allows DATCP to use certain funds to make loans for the
development of rural businesses or rural economic development. The bill allows
DATCP to also use these funds to provide grants for this purpose.
Grants for food waste reduction pilot projects
The bill requires DATCP to provide grants for food waste reduction pilot
projects that have an objective of preventing food waste, redirecting surplus food to
hunger relief organizations, and composting food waste. Under the bill, DATCP
must give preference to grant proposals that serve census tracts for which the
median household income is below the statewide median household income and in
which no grocery store is located.
County land conservation staff for climate change activities
Under current law, as part of the soil and water resource management program,
DATCP provides funding to counties for county conservation staffing. Current law
specifies the activities in which county conservation staff may engage with funding
provided under this program. The bill provides that this program may be used to
fund county conservation staff who focus on climate change and climate change
resiliency. The bill also creates an appropriation specifically for this purpose. A
county that seeks funding for this purpose must specifically indicate as such in its
annual grant request.
Concentrated animal feeding operations
Under current law, a person who operates a concentrated animal feeding
operation (CAFO) must have a Wisconsin Pollutant Discharge Elimination System
(WPDES) permit from DNR. A CAFO is a livestock operation that contains at least
1,000 animal units, that discharges pollutants into a navigable water, or that
contaminates a well. Current law requires a CAFO operator with a WPDES permit
to pay an annual fee of $345 to DNR. The bill increases the amount of this annual
fee to $545. The bill also requires a CAFO operator applying for a new WPDES
permit to pay a $3,270 application fee.
Water stewardship certification
The bill creates a grant program for DATCP to provide grants to reimburse the
costs for agricultural producers to apply for a certification of water stewardship from
the Alliance for Water Stewardship. The grants must be made directly to the
producer, and may not be used to pay the costs of operational changes needed to
achieve certification.
Planning grants for establishing regional biodigesters
Under the bill, DATCP must provide planning grants for establishing regional
biodigesters in the state. Biodigesters are used to break down organic material into
gas, liquids, and solids.
Reauthorizing State Fair Park Board rulemaking authority
The bill authorizes the State Fair Park Board to promulgate rules governing
the use of State Fair Park. Under current law, the board may not promulgate rules
unless a law specifically authorizes the board to do so.
Bonding for soil and water resource management
The bill increases the general obligation bonding authority for the soil and
water resource management program by $7,000,000. The program, which is
administered by DATCP, awards grants to counties to help fund their land and water
conservation activities.
Appropriation limit for the producer-led watershed protection grant
program
DATCP administers the producer-led watershed protection grant program,
which provides grants to groups of farmers in the same watershed to implement
nonpoint source pollution abatement activities. Under current law, DATCP may not
allocate more than $750,000 per fiscal year for this program. The bill increases that
maximum amount to $1,000,000.
Transfer of funds
The bill transfers $466,500 in fiscal year 2021-22 from the general fund to the
DATCP appropriation used for dog licensing, rabies control programs, and other
related services.
Commerce and economic development
Business organization and financial institutions
Implementation by DFI of section 529A ABLE savings account program
The bill requires DFI to implement a qualified ABLE program under section
529A of the Internal Revenue Code allowing tax-exempt accounts for qualified
expenses incurred by individuals with disabilities.
Under current federal law, states may create a qualified Achieving a Better Life
Experience program under which an individual may establish a tax-exempt savings
account to pay for qualified expenses, such as education, housing, and transportation
costs, for a beneficiary who is an individual with disabilities, as defined under federal
law. Although these accounts, commonly referred to as “ABLE accounts” or “section
529A accounts,” cannot be established under this state's law, they can be established
under another state's law, and if so established, withdrawals from these accounts for
payment of qualified disability expenses for the account beneficiary are exempt from
taxation in this state.
The bill requires DFI to implement and administer a qualified ABLE program,
either directly or by entering into an agreement with another state or alliance of
states to establish an ABLE program or otherwise administer ABLE program
services for the residents of this state. DFI must, within approximately nine months,
determine whether implementing the ABLE program directly or by entering into an
agreement is the best option for this state's residents. If DFI enters into an
agreement, the agreement may require the party contracting with DFI to do any of
the following: 1) develop and implement an ABLE program in accordance with all
requirements under federal law and modify the ABLE program as necessary for
participants to qualify for federal income tax benefits; 2) contract for professional
and technical assistance and advice in developing marketing plans and promotional
materials to publicize the ABLE program; 3) work with organizations with expertise
in supporting people with disabilities and their families in administering the
agreement and ensuring accessibility of the ABLE program for people with
disabilities; or 4) take any other action necessary to implement and administer the
ABLE program. The bill also requires DFI to provide on its website information
concerning ABLE accounts.
Children's savings and investment program
The bill requires DFI to collaborate with one or more philanthropic
organizations to develop a statewide children's savings and investment program,
funded and administered by the philanthropic organization or organizations. The
program must allow the balance of an account established under the program to be
transferred to a College Savings Program (commonly known as Edvest) account.
Fees for licensed securities industry participants
The bill increases certain securities-related fees paid to DFI.
Current law generally requires a securities broker-dealer and a person who
represents a broker-dealer or issuer in securities transactions (securities agent) to
be licensed, and generally requires an investment adviser and an investment adviser
representative to be licensed, before transacting business in this state.
Broker-dealers and investment advisers must pay to DFI initial and renewal license
fees of $200. Securities agents and investment adviser representatives must pay to
DFI initial and renewal license fees of $80. Although an investment adviser
registered with the federal Securities and Exchange Commission (federal covered
adviser) is not required to be licensed by DFI, it must pay to DFI an initial and
renewal notice filing fee of $200. In addition, broker-dealers and investment
advisers, including federal covered advisers, that maintain a branch office in this
state must pay a filing fee of $80 for each branch office.
The bill increases each of these fees, from $200 to $300 and from $80 to $100.
Notary public application fees
Under current law, any U.S. resident who is licensed to practice law in this state
is entitled to a permanent commission as a notary public upon application to DFI and
payment of a $50 fee. In addition, any U.S. resident who is at least 18 years of age
and who is not an attorney may file an application with DFI for a four-year
appointment as a notary public and must pay a $20 application fee. The bill increases
the application fee for attorneys from $50 to $100 and increases the application fee
for nonattorneys from $20 to $40.
Information related to public service loan forgiveness programs
The bill requires DFI to collect, maintain, and make available information
regarding student loan forgiveness programs available to employees of the state or
a local unit of government.
Worker misclassification information
The bill requires DFI to provide informational materials and resources on
worker misclassification to each person who files with DFI documents forming a
business corporation, nonstock corporation, limited liability company, limited
liability partnership, or limited partnership.
New DFI appropriations
The bill creates the following DFI appropriations: 1) a program revenue
appropriation that allows DFI to expend federal moneys received by DFI for the
purposes for which the federal moneys were received; and 2) a program revenue
appropriation that allows DFI to expend moneys received by DFI from other state
agencies or from within DFI for the purpose of administering programs or projects
for which the moneys were received.
Commerce
Changing the minimum age for cigarettes, tobacco products, and nicotine
products; imposing a minimum age for vapor products
The bill changes the age for purchasing cigarettes, tobacco products, or nicotine
products from 18 to 21, and imposes the same minimum age for purchasing vapor
products. Nicotine products are products that contain nicotine and that are not
tobacco products, cigarettes, or products that have been approved by the federal Food
and Drug Administration for sale as a smoking cessation product. Tobacco products
include products such as cigars, chewing tobacco, and smoking tobacco. Vapor
products are noncombustible products that produce a vapor or aerosol for inhalation
from the application of a heating element, regardless of whether the liquid or other
substance contains nicotine.
Currently, no person under the age of 18 may purchase, attempt to purchase,
possess, or falsely represent his or her age for the purpose of receiving any cigarette,
nicotine product, or tobacco product with certain limited exceptions. Current law
also prohibits any person from purchasing cigarettes, tobacco products, or nicotine
products on behalf of a person who is under the age of 18 and subjects that purchaser
to a penalty. Current law also prohibits a person from delivering a package of
cigarettes unless the person making the delivery verifies that the person receiving
the package is at least 18 years of age. The bill changes these ages from 18 to 21.
The bill similarly prohibits the purchase of vapor products by or on behalf of a person
who is under the age of 21.
Current law prohibits a retailer, manufacturer, distributor, jobber, subjobber,
or independent contractor or an employee or agent of any of these persons from
selling or providing cigarettes or tobacco or nicotine products to an individual who
is under the age of 18 and from providing cigarettes or tobacco or nicotine products
to any person for free unless the cigarettes or products are provided in a place where
persons under 18 years of age are generally not permitted to enter. Current law also
prohibits a retailer or vending machine operator from selling cigarettes or tobacco
or nicotine products from a vending machine unless the retailer or vending machine
operator ensures that no person under 18 years of age is present on or permitted to
enter the premises in which the machine is located. The bill changes these ages from
18 to 21. The bill similarly prohibits the sale or provision of vapor products to a
person who is the age of 21.
Retailer license requirement for vapor product sellers
The bill requires a person who sells vapor products to obtain an annual
cigarette and tobacco products retailer license from the clerk of the city, village, or
town in which the retailer is located.
Restrictions on placement of cigarettes, nicotine products, or tobacco
products
The bill allows a retailer to place cigarettes, nicotine products, or tobacco
products only in locations that are inaccessible to customers without the assistance
of the retailer or the retailer's employee or agent, such as behind the counter or in
a locked case. The bill's restriction does not apply to 1) cigarettes, nicotine products,
or tobacco products sold in a vending machine; 2) a retail location that generates 75
percent or more of its revenue from sales of cigarettes, nicotine products, or tobacco
products, as long as the retail location prohibits anyone under the age of 21 from
entering without a parent, guardian, or spouse who has reached that age; or 3) cigars
that are placed in a separate, humidity-controlled room in a retail location if the
entrance to the room is visible, either directly or by video surveillance, from the
check-out area and no person under the age of 21 is permitted to enter the room
without a parent, guardian, or spouse who has reached that age. Current law
imposes restrictions on sales from a vending machine that the bill does not affect.
A retailer who violates the bill's restriction is subject to the same penalties that
apply to violations of other restrictions that apply to retailers of cigarettes or tobacco
products, including 1) a forfeiture of not more than $500, if the retailer has not
committed a previous violation within 12 months; 2) a forfeiture of not less than $200
nor more than $500, if the retailer has committed a previous violation within 12
months; and 3) suspension of the retailer's license for a period of time that depends
on the number of previous violations committed by the retailer.
The bill also allows a first class city, which currently includes only Milwaukee,
to suspend, revoke, or refuse to renew a cigarette and tobacco products retailer
license if the retailer violates the bill's restriction, by following the complaint and
hearing procedure that exists under current law for certain other violations and
activities.
Unfair drug pricing practices and fraudulent drug advertising
The bill prohibits unfair drug pricing practices, which are defined as drug
pricing practices that cause substantial injury to consumers that is not outweighed
by countervailing benefits to consumers or to competition. Under the bill, DATCP
and district attorneys may seek injunctions in circuit court to restrain violations of
the prohibition, and DATCP may investigate alleged violations and promulgate rules
related to the prohibition.
The bill also authorizes DATCP to promulgate rules to enforce prohibitions
against fraudulent drug advertising. Current law generally prohibits a person from
making untrue, deceptive, or misleading representations about the effects of a drug
or making representations about the effects of a drug unless it is lawfully marketed
under federal law.
Prohibiting discrimination in broadband and broadband subscriber rights
The bill prohibits a broadband service provider from denying access to a group
of potential residential customers because of their race or income. Under the bill,
DATCP has authority to enforce the prohibition and to promulgate related rules. The
bill also authorizes any person affected by a broadband service provider who violates
the prohibition to bring a private action.
The bill also establishes various requirements for broadband service providers,
including requiring them to 1) provide service satisfying minimum standards
established by PSC and allow subscribers to terminate contracts if broadband
service fails to satisfy those standards; 2) provide service as described in
advertisements or representations made to subscribers; 3) repair broadband service
within 72 hours after a subscriber reports an interruption that is not the result of a
major system-wide or large area emergency; 4) give subscribers credit for
interruptions of broadband service that last more than 4 hours in a day; and 5) give
subscribers at least 30 days' advance written notice before instituting a rate
increase.
The bill also requires each internet service provider in this state to register with
PSC.
Extended closing hours during special events
Under current law, with limited exceptions, no person may sell alcohol
beverages to a consumer unless the seller possesses a license or permit authorizing
the sale. A Class “B" license authorizes the retail sale of fermented malt beverages
(beer) for consumption on or off the premises. A “Class B" license authorizes the
retail sale of intoxicating liquor, which includes wine and distilled spirits, for
consumption on the licensed premises and, subject to restrictions, the retail sale of
intoxicating liquor in original packages for consumption off the licensed premises.
A “Class C" license, which may be issued only for a restaurant, authorizes the retail
sale of wine for consumption on the premises. A retailer operating under a Class “B,"
“Class B,” or “Class C” license may not remain open between the hours of 2 a.m. and
6 a.m. on weekdays or between 2:30 a.m. and 6 a.m. on Saturday and Sunday.
The bill allows a municipality to designate by ordinance a special event lasting
fewer than eight consecutive days during which closing hours for premises that
obtain a special event permit from the municipality and that are operating under a
Class “B,” “Class B,” or “Class C” license in the municipality are extended. Under
the bill, the municipality may extend the closing hour for such premises to no later
than 4 a.m. during the special event. A municipality may not designate more than
four special events in a calendar year.
Sales of alcohol beverages at State Fair Park
The bill allows a person approved by the State Fair Park Board to sell, without
a license or permit, alcohol beverages for consumption at the state fair park. The bill
specifies that the State Fair Park Board may not grant such approval unless the
person meets certain eligibility requirements applicable to retail licensees and that
such approval is also required for retail sales by brewers and brewpubs at State Fair
Park.
DOR publication of list of alcohol beverage retail licensees
