Wisconsin 2025-2026 Regular Session

Wisconsin Assembly Bill AB154 Compare Versions

Only one version of the bill is available at this time.

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1	1	2025 - 2026 LEGISLATURE
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4	4	2025 ASSEMBLY BILL 154
5	5	April 2, 2025 - Introduced by Representatives KRUG, CALLAHAN, BILLINGS,
6	6	MURSAU, O'CONNOR, PETERSEN, TRANEL and VANDERMEER, cosponsored by
7	7	Senators TESTIN, CABRAL-GUEVARA, FELZKOWSKI, MARKLEIN and PFAFF.
8	8	Referred to Committee on Agriculture.
9	9	AN ACT to renumber and amend 94.36 (1) (a) and 94.36 (1) (b); to amend
10	10	94.36 (1) (title); to repeal and recreate 94.36 (3); to create 94.36 (2m) of the
11	11	statutes; relating to: use of certified seed potatoes in planting potatoes and
12	12	providing a penalty.
13	13	Analysis by the Legislative Reference Bureau
14	14	Under current law, a person that plants five or more acres of potatoes in a year
15	15	may only use seed potatoes that are certified by the College of Agricultural and Life
16	16	Sciences at the University of Wisconsin-Madison under rules promulgated by the
17	17	Department of Agriculture, Trade and Consumer Protection, or by an equivalent
18	18	program in another state. DATCP may waive the certification requirement to use
19	19	seed potatoes of a specific variety or genotype for a growing season if there are not
20	20	enough certified seed potatoes of that variety or genotype reasonably available to
21	21	growers during that calendar year and DATCP determines that the seed potatoes of
22	22	that variety or genotype that will be used for planting do not pose a serious disease
23	23	threat. A person that violates the certification requirement is subject to a forfeiture
24	24	of not more than $150, plus $150 for each acre planted in violation. Additionally
25	25	under current law, a person that plants five or more acres of potatoes in the state
26	26	shall retain and allow inspection by DATCP of certain records regarding planted
27	27	seed potatoes. A person that violates a record keeping requirement is subject to a
28	28	forfeiture of not more than $200.
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36	36	SECTION 1
37	37	Under this bill, DATCP may include as a condition of a waiver certain
38	38	restrictions as to permissible geographic boundaries or geographic limitations
39	39	where a person may plant the waived seed potatoes. The bill also provides DATCP
40	40	with the authority to order a person growing potatoes in violation of the law to
41	41	remove and destroy any seed potatoes and potatoes involved in the violation. In
42	42	addition, if a person does not remove and destroy any seed potatoes or potatoes as
43	43	ordered by DATCP, DATCP or a cooperating local unit of government may take
44	44	action to remove and destroy the seed potatoes or potatoes as ordered, and the cost
45	45	of the action may be assessed, collected, and enforced against the person that failed
46	46	to act as ordered as taxes for the person are assessed, collected, and enforced, or
47	47	paid into the general fund if the mitigating action was taken by DATCP.
48	48	A person ordered to remove and destroy any seed potatoes or potatoes is
49	49	required to do so within 72 hours of receiving the order, unless DATCP extends the
50	50	deadline. The orders that DATCP may issue under the bill are subject to the right
51	51	of hearing before the department if requested within 10 days after the date of
52	52	service of the order, and any party affected by the order may request a preliminary
53	53	or informal hearing pending the scheduling and conduct of a full hearing. A person
54	54	that plants potatoes in violation of the requirements of this bill is subject to a
55	55	forfeiture of not more than $5,000, plus not more than $5,000 for each full acre
56	56	planted in violation. A person that fails to retain, allow inspection of, or provide
57	57	copies of records of potato planting as required under current law is subject to a
58	58	forfeiture of not more than $5,000.
59	59	For further information see the state and local fiscal estimate, which will be
60	60	printed as an appendix to this bill.
61	61	The people of the state of Wisconsin, represented in senate and assembly, do
62	62	enact as follows:
63	63	SECTION 1. 94.36 (1) (title) of the statutes is amended to read:
64	64	94.36 (1) (title) PROHIBITION; WAIVER.
65	65	SECTION 2. 94.36 (1) (a) of the statutes is renumbered 94.36 (1) and amended
66	66	to read:
67	67	94.36 (1) Except as provided in par. (b), sub. (1m), no person may plant 5 or
68	68	more acres of potatoes in this state in a calendar year unless all of the seed potatoes
69	69	that will be used for planting in this state by the person are certified under ch.
70	70	ATCP 156, Wis. Adm. Code.
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82	82	SECTION 3
83	83	SECTION 3. 94.36 (1) (b) of the statutes is renumbered 94.36 (1m) and
84	84	amended to read:
85	85	94.36 (1m) WAIVER. The department, upon the request of one or more
86	86	growers, may waive the prohibition under par. (a) sub. (1) for seed potatoes of a
87	87	specific variety or genotype for a growing season if there are not enough certified
88	88	seed potatoes of that variety or genotype reasonably available to growers during
89	89	that calendar year and the department determines that the seed potatoes of that
90	90	variety or genotype that will be used for planting do not pose a serious disease
91	91	threat. The department may include as a condition of a waiver provided under this
92	92	subsection restrictions as to permissible geographic boundaries or geographic
93	93	limitations where a person may plant the waived seed potatoes.
94	94	SECTION 4. 94.36 (2m) of the statutes is created to read:
95	95	94.36 (2m) ENFORCEMENT . (a) 1. If the department finds a violation of sub.
96	96	(1) or a condition of a waiver made under sub. (1m), the department may issue an
97	97	order directing the violator to remove and destroy any seed potatoes and potatoes
98	98	involved in the violation, and the violator shall cause the removal and destruction
99	99	as so ordered within 72 hours after the order is issued in the manner directed in the
100	100	order. The department may extend the 72-hour period for compliance under this
101	101	paragraph if it determines that the removal and destruction cannot be completed
102	102	within that time.
103	103	2. No person may violate the terms of any order given under subd. 1., nor may
104	104	any damages be awarded to a person who plants potatoes in violation of sub. (1) or
105	105	in violation of a condition of a waiver made under sub. (1m) for any removal or
106	106	destruction completed as a result of an order given under subd. 1.
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134	134	SECTION 4
135	135	3. If a person fails to comply with the terms of an order within the time period
136	136	as required or extended under subd. 1., the department or any cooperating local
137	137	unit of government may proceed to remove and destroy any seed potatoes or
138	138	potatoes involved in the violation as ordered by the department. The expense of
139	139	action taken under this subdivision shall be certified to the clerk of the applicable
140	140	local unit of government, and shall be thereafter assessed, collected, and enforced
141	141	against the person as taxes for the person are assessed, collected, and enforced and
142	142	paid to the cooperating local unit of government that incurred the expense, or paid
143	143	into the general fund if the removal and destruction was conducted by the
144	144	department.
145	145	(b) Orders issued under par. (a) shall have the force and effect of an order
146	146	under s. 93.18, and are subject to the right of hearing before the department if
147	147	requested within 10 days after the date of service of the order. Any party affected
148	148	by the order may request a preliminary or informal hearing pending the scheduling
149	149	and conduct of a full hearing.
150	150	SECTION 5. 94.36 (3) of the statutes is repealed and recreated to read:
151	151	94.36 (3) PENALTIES. (a) Except as provided in par. (b), a person who plants
152	152	potatoes in violation of sub. (1) in a calendar year, who violates a condition of a
153	153	waiver made under sub. (1m), or who fails to retain, allow inspection of, or provide
154	154	copies of records in violation of sub. (2) in a calendar year shall forfeit not more than
155	155	$5,000, plus not more than $5,000 for each full acre planted in violation of sub. (1)
156	156	or (1m).
157	157	(b) The department may waive a forfeiture required under par. (a) for a
158	158	violation of sub. (1) or (1m) if the department determines that all seed potatoes and
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186	186	SECTION 5
187	187	potatoes involved in the violation were removed and destroyed in compliance with
188	188	an order issued under sub. (2m) (a) 1.
189	189	(END)
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