Amendment ASA1-AB100

AB100-ASA1,1156,13 (a) "Livestock operation" means a feedlot or other facility or a pasture where animals are fed, confined, maintained or stabled.

AB100-ASA1,1156,17 (b) "Local governmental unit" means a political subdivision of this state, a special purpose district in this state, an instrumentality or corporation of such a political subdivision or special purpose district, a combination or subunit of any of the foregoing or an instrumentality of the state and any of the foregoing.

AB100-ASA1,1156,21 (2) Notwithstanding ss. 92.11 and 92.17, a local governmental unit may enact regulations of livestock operations that are consistent with and do not exceed the performance standards, prohibitions, conservation practices and technical standards under s. 281.16 (3).

AB100-ASA1,1157,3 (3) (a) Notwithstanding ss. 92.11 and 92.17, a local governmental unit may enact regulations of livestock operations that exceed the performance standards, prohibitions, conservation practices and technical standards under s. 281.16 (3) only if the local governmental unit demonstrates to the satisfaction of the department of agriculture, trade and consumer protection or the department of natural resources that the regulations are necessary to achieve water quality standards under s. 281.15.

AB100-ASA1,1157,6 (b) The department of agriculture, trade and consumer protection and the department of natural resources shall, by rule, specify procedures for review and approval of proposed local governmental unit regulations under par. (a).

AB100-ASA1,1157,12 (4) A local governmental unit may not apply a regulation under sub. (2) or (3) to a livestock operation that exists on the effective date of this subsection .... [revisor inserts date], unless the local governmental unit determines, using the rules promulgated under s. 281.16 (3) (e), that cost-sharing is available to the owner or operator of the livestock operation under s. 92.14, 281.16 (5) or 281.65 or from any other source.

AB100-ASA1,1157,20 (5) Any livestock operation that exists on the effective date of this subsection .... [revisor inserts date], and that is required to obtain a permit under s. 283.31 or that receives a notice of discharge under ch. 283 may continue to operate as a livestock operation at the same location notwithstanding s. 59.69 (10) (a) or 62.23 (7) (h) or any zoning ordinance enacted under s. 59.69, 60.61, 60.62, 61.35 or 62.23 (7), if the livestock operation is a lawful use or a legal nonconforming use under any zoning ordinance enacted under s. 59.69, 60.61, 60.62, 61.35 or 62.23 (7) on the effective date of this subsection .... [revisor inserts date].

AB100-ASA1, s. 1937 Section 1937. 93.06 (12) of the statutes is created to read:

AB100-ASA1,1157,24 93.06 (12) Federal dairy policy reform. Provide assistance to organizations to seek the reform of federal milk marketing orders and other federally authorized dairy pricing policies for the benefit of milk producers in this state.

AB100-ASA1, s. 2493b Section 2493b. 93.06 (12) of the statutes, as created by 1997 Wisconsin Act .... (this act), is repealed.

AB100-ASA1, s. 1938 Section 1938. 93.07 (5) of the statutes is amended to read:

AB100-ASA1,1158,6 93.07 (5) Advice to university of Wisconsin system. To give advice to the secretary of education state superintendent of public instruction as to the courses in agricultural economics to be given in the university of Wisconsin system.

AB100-ASA1, s. 1939 Section 1939. 93.41 (3) of the statutes is created to read:

AB100-ASA1,1158,11 93.41 (3) The department shall impose annual fees upon rural electric cooperatives organized under ch. 185. The amount of the fees shall total the amount appropriated under s. 20.115 (3) (jm). The fees received under this subsection shall be credited to the appropriation account under s. 20.115 (3) (jm).

AB100-ASA1, s. 1940 Section 1940. 93.47 (2) of the statutes is amended to read:

AB100-ASA1,1158,17 93.47 (2) The department may award grants from the appropriation accounts under s. 20.115 (4) (i) and (q) to individuals or organizations to fund demonstration projects designed to encourage the use of sustainable agriculture. The department shall promulgate rules to govern the sustainable agriculture grant program under this section.

AB100-ASA1, s. 1941 Section 1941. 93.47 (3) of the statutes is repealed.

AB100-ASA1, s. 1942 Section 1942. 93.60 of the statutes is amended to read:

AB100-ASA1,1159,6 93.60 Computer system equipment, staff and services transfers. The department may transfer to the appropriation account under s. 20.115 (8) (k) in each fiscal year an amount from the appropriation accounts under s. 20.115 (1) (g), (gb), (gh), (gm), (hm), (j), (jm), (m), (r) and (s), (2) (g), (ha), (j), (k) and (m), (3) (g), (h), (i), (j), (ja), (L) and (m), (7) (g), (ga), (gm), (k) and (m) and (8) (ga), (gm), (h), (ha), (i), (j), (kp), (ks), (m) and (pz) and (9) (m). The total amount that the department transfers in each fiscal year from these appropriation accounts to the appropriation account under s. 20.115 (8) (k) may not exceed the amount specified in the schedule under s. 20.115 (8) (k) for each fiscal year. The amounts transferred from each appropriation account shall be based on the actual costs incurred by the department for computer system equipment, staff and services provided for the purpose of that appropriation account.

AB100-ASA1, s. 1943 Section 1943. 94.64 (3) (b) of the statutes is amended to read:

AB100-ASA1,1159,13 94.64 (3) (b) An applicant for a license under par. (a) shall submit an application on a form provided by the department. The application shall include information reasonably required by the department for licensing purposes. As part of the application, the applicant shall identify the each business location or mobile unit that the applicant uses to manufacture fertilizer in this state. The application shall be accompanied by all applicable fees under par. (c) sub. (3r).

AB100-ASA1, s. 1944 Section 1944. 94.64 (3) (c) of the statutes is repealed.

AB100-ASA1, s. 1945 Section 1945. 94.64 (3r) of the statutes is created to read:

AB100-ASA1,1159,17 94.64 (3r) License fees and surcharges. (a) A person applying for a license under sub. (3) shall pay the following annual license fees:

AB100-ASA1,1159,19 1. For each business location and each mobile unit that the applicant uses to manufacture fertilizer in this state, $30.

AB100-ASA1,1159,21 2. If the applicant distributes, but does not manufacture, fertilizer in this state, $30.

AB100-ASA1,1159,25 (b) Beginning with the license year that begins on August 15, 2000, a person applying for a license under sub. (3) shall pay the following agricultural chemical cleanup surcharges, unless the department establishes lower surcharges under s. 94.73 (15):

AB100-ASA1,1160,3 1. For each business location and each mobile unit that the applicant uses to manufacture fertilizer in this state, other than a business location or mobile unit that is also licensed under s. 94.685 or 94.703, $20.

AB100-ASA1,1160,5 2. If the applicant distributes, but does not manufacture, fertilizer in this state, $20.

AB100-ASA1,1160,8 (c) The department shall deposit the license fees collected under par. (a) in the agrichemical management fund. The department shall deposit the surcharges collected under par. (b) in the agricultural chemical cleanup fund.

AB100-ASA1, s. 1946 Section 1946. 94.64 (4) to (6) of the statutes are repealed and recreated to read:

AB100-ASA1,1160,13 94.64 (4) Tonnage fees and surcharges. (a) Requirement. Except as provided in par. (b), a person who is required to be licensed under sub. (3) and who sells or distributes fertilizer in this state shall pay to the department the following fees and surcharges on all fertilizer that the person sells or distributes in this state:

AB100-ASA1,1160,16 1. A basic fee of 25 cents per ton for fertilizer sold or distributed from July 1, 1997, to June 30, 1999, and 32 cents per ton for fertilizer sold or distributed after June 30, 1999, with a minimum fee of $25.

AB100-ASA1,1160,17 2. A research fee of 10 cents per ton, with a minimum fee of $1.

AB100-ASA1,1160,18 3. An additional research fee of 10 cents per ton, with a minimum fee of $1.

AB100-ASA1,1160,19 4. A groundwater fee of 10 cents per ton, with a minimum fee of $1.

AB100-ASA1,1160,22 5. An agricultural chemical cleanup surcharge of 38 cents per ton on all fertilizer that the person sells or distributes in this state after June 30, 1999, unless the department establishes a lower surcharge under s. 94.73 (15).

AB100-ASA1,1160,23 (b) Exemptions. Paragraph (a) does not apply to any of the following:

AB100-ASA1,1160,25 1. Fertilizer sold or distributed to a manufacturer for use in the further manufacture or processing of fertilizer.

AB100-ASA1,1161,2 2. Fertilizer sold or distributed to a person licensed under sub. (3) (a), for resale by that person.

AB100-ASA1,1161,4 (c) Use of fees and surcharges. 1. The department shall deposit the fee under par. (a) 1. in the agrichemical management fund.

AB100-ASA1,1161,6 2. The department shall credit the fee under par. (a) 2. to the appropriation account under s. 20.115 (7) (h).

AB100-ASA1,1161,8 3. The department shall credit the fee under par. (a) 3. to the appropriation account under s. 20.285 (1) (hm).

AB100-ASA1,1161,10 4. The department shall deposit the fee under par. (a) 4. in the environmental fund for environmental management.

AB100-ASA1,1161,12 5. The department shall deposit the surcharge under par. (a) 5. in the agricultural chemical cleanup fund.

AB100-ASA1,1161,15 (5) Tonnage report and fee payment. (a) Requirement. A person who is required to pay fees or surcharges under sub. (4) shall do all of the following by August 14 annually:

AB100-ASA1,1161,18 1. File with the department a report that states the number of tons of each grade of fertilizer sold or distributed in this state during the 12 months ending on June 30 of that year on which the person is required to pay those fees or surcharges.

AB100-ASA1,1161,20 2. Pay the fees and surcharges under sub. (4) on the tonnage reported under subd. 1.

AB100-ASA1,1161,22 (b) Extended deadline. The department may extend the filing deadline under par. (a) for up to 30 days for cause, in response to a request filed before August 14.

AB100-ASA1,1162,2 (c) Late payment. If a person fails to pay a fee or surcharge when due under this section, the amount of the fee or surcharge is increased by $10 or 10% of the amount that the fee or surcharge would have been if paid when due, whichever is greater.

AB100-ASA1,1162,5 (d) Tonnage equivalents. A tonnage report under par. (a) 1. shall report liquid fertilizer tonnage in terms of dry fertilizer tonnage equivalents, as prescribed by the department.

AB100-ASA1,1162,7 (e) Audit. The department may audit a tonnage report under par. (a) 1., including the records on which the tonnage report is based.

AB100-ASA1,1162,13 (6) Records. A person who manufactures, sells or distributes fertilizer in this state shall keep records showing the grades and quantities of fertilizer manufactured, sold or distributed in this state. The person shall keep the records relating to the 12 months covered by a report under par. (a) 1. for at least 24 months following the date of filing the report. The person shall make the records available to the department for inspection and copying upon request.

AB100-ASA1, s. 1947 Section 1947. 94.64 (6m) and (6p) of the statutes are created to read:

AB100-ASA1,1162,20 94.64 (6m) Records confidential. The department may not disclose information obtained under sub. (5) or (6) that reveals the grades or amounts of fertilizer sold or distributed by any person. This subsection does not prohibit the department from preparing and distributing aggregate information that does not reveal the grades or amounts of fertilizer sold or distributed by individual sellers or distributors.

AB100-ASA1,1162,23 (6p) Summary license suspension. (a) The department may by written notice, without prior hearing, summarily suspend the license of any person who fails to file a report or pay a fee or surcharge as required under sub. (5).

AB100-ASA1,1163,3 (b) A summary license suspension under par. (a) takes effect on the date specified in the notice, which may be no sooner than 10 days after the date on which the notice is received by the recipient.

AB100-ASA1,1163,10 (c) A person whose license is suspended under par. (a) may request a meeting concerning the suspension. The department shall hold an informal meeting with the requester as soon as reasonably possible and not more than 10 days after the requester makes the request in writing, unless the requester agrees to a later date. If the matter is not resolved at the informal meeting, the requester may request a formal contested case hearing under ch. 227. A request for a hearing does not stay a summary suspension under par. (a).

AB100-ASA1,1163,13 (d) A person who is required to pay a fee or surcharge under sub. (5) remains obligated to pay the fee or surcharge regardless of whether the person continues to be licensed under this section.

AB100-ASA1, s. 1948 Section 1948. 94.64 (8m) (a) of the statutes is amended to read:

AB100-ASA1,1163,21 94.64 (8m) (a) Use of funds. At the end of each fiscal year, the moneys collected under sub. (4) (am) (a) 2. and s. 94.65 (6) (a) 3. shall be forwarded to the university of Wisconsin system to be used for research on soil management, soil fertility, plant nutrition problems and for research on surface water and groundwater problems which may be related to fertilizer usage; for dissemination of the results of the research; and for other designated activities tending to promote the correct usage of fertilizer materials.

AB100-ASA1, s. 1949 Section 1949. 94.65 (6) (a) 1. of the statutes is amended to read:

AB100-ASA1,1164,2 94.65 (6) (a) 1. Annually by March 31, file with the department a tonnage report setting forth the number of tons of each soil or plant additive distributed during the preceding year by that person or by any other person authorized under sub. (3) (a) 2. to distribute under the name of that person and pay to the department an inspection a fee of 70 25 cents per ton so distributed. The minimum total fee is $25.

AB100-ASA1, s. 1950 Section 1950. 94.65 (6) (a) 3. of the statutes is amended to read:

AB100-ASA1,1164,7 94.65 (6) (a) 3. Annually by March 31, pay to the department a research fee of 10 cents for each ton of soil or plant additive distributed as described in the tonnage report filed under subd. 1. The minimum research fee is $1 for 10 tons or less. The department shall credit this fee to the appropriation account under s. 20.115 (7) (h).

AB100-ASA1, s. 1951 Section 1951. 94.65 (6) (a) 4. of the statutes is amended to read:

AB100-ASA1,1164,13 94.65 (6) (a) 4. Annually by March 31, pay to the department a groundwater fee of 10 cents for each ton of soil or plant additive distributed, as described in the tonnage report filed under subd. 1. The minimum groundwater fee is $1 for 10 tons or less. All groundwater fees shall be credited to the environmental fund for groundwater environmental management.

AB100-ASA1, s. 1952 Section 1952. 94.65 (6) (c) of the statutes is created to read:

AB100-ASA1,1164,16 94.65 (6) (c) The department shall deposit fees collected under pars. (a) 1. and (b) and subs. (2) (a) and (3) (b) in the agrichemical management fund.

AB100-ASA1, s. 1953 Section 1953. 94.68 (1) (intro.) of the statutes is amended to read:

AB100-ASA1,1164,23 94.68 (1) (intro.) No person may manufacture, formulate, package, label or otherwise produce pesticides for sale or distribution in this state, or sell or offer to sell pesticides to purchasers in this state, whether or not the sales are made wholly or partially in this state or another state, without a license from the department. A license expires on December 31 annually and is not transferable. No license may be is required of persons engaged only in the following:

AB100-ASA1, s. 1954 Section 1954. 94.68 (2) of the statutes is repealed and recreated to read:

AB100-ASA1,1165,3 94.68 (2) (a) An application for a license under sub. (1) shall be made on a form prescribed by the department. An applicant shall submit all of the following with the application:

AB100-ASA1,1165,4 1. All fees and surcharges required under s. 94.681.

AB100-ASA1,1165,8 2. A report identifying each pesticide that the applicant sells or distributes for use in this state and the gross revenue that the applicant derived from the sale or distribution of each pesticide during the preceding year, as defined in s. 94.681 (1) (d).

AB100-ASA1,1165,10 (b) The department may not disclose sales revenue information obtained under par. (a) 2.

AB100-ASA1, s. 1955 Section 1955. 94.68 (3) of the statutes is repealed and recreated to read:

AB100-ASA1,1165,17 94.68 (3) At least 15 days before a person holding a license under this section begins to sell or distribute for use in this state a pesticide product that was not identified in the person's most recent annual license application, the person shall file a supplementary report with the information required under sub. (2) (a) 2. and any fees and surcharges required under s. 94.681. The department may not disclose sales revenue information obtained under this subsection.

AB100-ASA1, s. 1956 Section 1956. 94.68 (4) of the statutes is repealed.

AB100-ASA1, s. 1957 Section 1957. 94.681 of the statutes is repealed and recreated to read:

AB100-ASA1,1165,21 94.681 Pesticide manufacturers and labelers: fees and surcharges. (1) Definitions. In this section:

AB100-ASA1,1165,22 (a) "Household pesticide" means a pesticide that is any of the following:

AB100-ASA1,1165,23 1. A sanitizer.

AB100-ASA1,1165,24 2. A disinfectant.

AB100-ASA1,1165,25 3. A germicide.

AB100-ASA1,1166,1 4. An insect repellant that is applied to the human body or to clothing.

AB100-ASA1,1166,2 5. A pesticide that is used exclusively for the treatment of household pets.

AB100-ASA1,1166,5 6. A pesticide product that is labeled exclusively for household, lawn or garden use if the product either is sold in ready-to-use form or is sold exclusively in container sizes of less than one gallon.

AB100-ASA1,1166,7 7. A solid or liquid pesticide product that is used exclusively for the treatment of swimming pools, spas or hot tubs.