Amendment ASA1-AB516

LRBs0463/1

PEN:jlg:hmh

1997 - 1998 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 1997 ASSEMBLY BILL 516

February 3, 1998 - Offered by Committee on Environment.

AB516-ASA1,1,3 An Act to repeal 287.31 (3) (b) and 287.31 (4) (a) and (am); to amend 287.31 (2), 287.31 (3) (a), 287.31 (3) (d), 287.31 (4) (b) 1. a. and 287.31 (4) (c); and to create 287.31 (3) (e) of the statutes; relating to: the newspaper recycling fee.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB516-ASA1, s. 1 Section 1. 287.31 (2) of the statutes is amended to read:

AB516-ASA1,1,8 287.31 (2) (title) Fee for not meeting target imposed. Except as provided in sub. (4) (a), (am) or (c), each publisher of a newspaper shall annually pay to the department a newspaper recycling fee if the average recycled content determined under sub. (3) (d) is less than 30%.

AB516-ASA1, s. 2 Section 2. 287.31 (3) (a) of the statutes is amended to read:

AB516-ASA1,2,3 287.31 (3) (a) Except as provided in sub. (4) (b), the amount of the newspaper recycling fee imposed on a publisher under sub. (2) for any year is 1% of the total cost of newsprint used to print the newspaper during the year, multiplied by the recycling status specified in par. (b) difference between 30% and the average recycled content determined under par. (d).

AB516-ASA1, s. 3 Section 3. 287.31 (3) (b) of the statutes is repealed.

AB516-ASA1, s. 4 Section 4. 287.31 (3) (d) of the statutes is amended to read:

AB516-ASA1,2,8 287.31 (3) (d) The actual average recycled content is the average of the recycled content of all newsprint used by that publisher to print the publisher's newspaper during the year, expressed as a percentage.

AB516-ASA1, s. 5 Section 5. 287.31 (3) (e) of the statutes is created to read:

AB516-ASA1,2,11 287.31 (3) (e) 1. In this paragraph, "qualified newsprint" means newsprint that contains at least 25% recycled content.

AB516-ASA1,2,16 2. In determining the average recycled content under par. (d), qualified newsprint used by that publisher to print the publisher's newspaper during the year shall be considered to contain an additional 0.5% recycled content for each 1,000 tons of postconsumer paper recycled in this state that is purchased by the manufacturer of the qualified newsprint during the year for which the fee is imposed.

AB516-ASA1, s. 6 Section 6. 287.31 (4) (a) and (am) of the statutes are repealed.

AB516-ASA1, s. 7 Section 7. 287.31 (4) (b) 1. a. of the statutes is amended to read:

AB516-ASA1,2,21 287.31 (4) (b) 1. a. The contract requires the publisher to accept and pay for newsprint having a recycled content less than the target recycled content specified in sub. (3) (c) 30%.

AB516-ASA1, s. 8 Section 8. 287.31 (4) (c) of the statutes is amended to read:

AB516-ASA1,3,6 287.31 (4) (c) Subsection (3) (2) does not apply to the publisher of a newspaper that has a circulation of less than 20,000 if the department determines, based on a review of a written request by the publisher, that compliance with the target recycled content requirements in sub. (3) (c) paying the fee under sub. (2) would create a financial hardship for the publisher or that the supply of postconsumer newsprint is inadequate to enable the publisher to use newsprint containing at least 30% average recycled content. The department shall promulgate rules for making determinations of financial hardship and inadequate supply of postconsumer newsprint under this paragraph.

AB516-ASA1, s. 9 Section 9. Initial applicability.

AB516-ASA1,3,9 (1) This act first applies to newspaper recycling fees payable for newspapers published in 1998.

AB516-ASA1,3,10 (End)