AB100-engrossed,1328,199
94.73
(5) (e) No person may make a false statement or misrepresentation on
10an application submitted under this section. A person who makes a false statement
11or misrepresentation on an application related to a corrective action is ineligible for
12reimbursement related to that corrective action and is ineligible for any
13reimbursement related to any other corrective action taken or ordered within 5 years
14after the date of the false statement or misrepresentation. If the responsible person
15has received any reimbursement for which the responsible person is ineligible under
16this paragraph, the responsible person shall refund the full amount of that
17reimbursement to the department. The amounts refunded to the department under
18this paragraph shall be deposited in the
agrichemical management agricultural
19chemical cleanup fund.
AB100-engrossed,1328,2321
94.73
(6) (b) Except as provided in pars. (c) and (e), the department shall
22reimburse a responsible person an amount equal to 80% of the corrective action costs
23incurred for each discharge site that are greater than $3,000 and less than $400,000.
AB100-engrossed,1329,4
194.73
(6) (c) Except as provided in par. (e), the department shall reimburse a
2responsible person an amount equal to 80% of the corrective action costs incurred for
3each discharge site that are greater than $7,500 and less than $400,000 if any of the
4following applies:
AB100-engrossed,1329,55
1. The responsible person is required to be licensed under ss. 94.67 to 94.71.
AB100-engrossed,1329,66
2. The responsible person employs more than 25 persons.
AB100-engrossed,1329,77
3. The responsible person has gross annual sales of more than $2,500,000.
AB100-engrossed,1329,139
94.73
(6) (d) For the purposes for pars. (b) and (c), a discharge that occurs in
10the course of transporting an agricultural chemical is considered to have occurred at
11the site from which the agricultural chemical was being transported if the site from
12which the agricultural chemical was being transported is under the ownership or
13control of the person transporting the agricultural chemical.
AB100-engrossed,1329,1715
94.73
(6) (e) The department may not reimburse corrective action costs that
16exceed $100,000 for any one discharge for which groundwater remediation is not
17ordered unless the criteria in rules promulgated under par. (f) are satisfied.
AB100-engrossed,1329,2519
94.73
(6) (f) The department may promulgate rules under which it may provide
20reimbursement under pars. (b) and (c) for corrective action costs that exceed
21$100,000 at a site at which groundwater remediation is not ordered if the applicant
22obtains the approval of the department before incurring the costs and if the
23contamination is extensive or complex cleanup strategies are required. The rules
24shall establish criteria for exceeding the $100,000 limit, such as the size of the area
25contaminated or the type of agricultural chemical that is involved.
AB100-engrossed,1330,102
94.73
(7) Payment. (a) The department may make payments to a responsible
3person who is eligible for reimbursement under sub. (3) if the department has
4authorized reimbursement to that person under sub. (6). The department shall
5make payment from the appropriation accounts under s. 20.115 (7) (e) and (wm),
6subject to the availability of funds in those appropriation accounts. If there are
7insufficient funds to pay the full amounts authorized under sub. (6) to all eligible
8responsible persons, the department shall distribute payments in the order in which
9applications were received, unless the department specifies, by rule, a different order
10of payment.
AB100-engrossed,1330,1511
(b) The department may promulgate rules specifying the procedure by which,
12and the order in which, it will distribute payments under par. (a). The department
13may establish distribution priorities or formulas based on the severity of
14contamination, the time elapsed since corrective action costs were incurred or other
15factors that the department considers appropriate.
AB100-engrossed,1330,2217
94.73
(8) Subrogation. The department is entitled to the right of subrogation
18for the reimbursement of corrective action costs to the extent that a responsible
19person who receives reimbursement of corrective action costs may recover the costs
20from a 3rd party. The amounts collected by the department under this subsection
21shall be deposited in the
agrichemical management
agricultural chemical cleanup 22fund.
AB100-engrossed,1331,4
194.73
(13) Penalty. Any person who violates
an order issued by the department
2under this section
or an order issued or rule promulgated under this section shall
3forfeit not less than $10 nor more than $5,000 for each violation. Each day of
4continued violation is a separate offense.
AB100-engrossed,1331,136
94.73
(15) Surcharge adjustments. (a) The department may, by rule, reduce
7any of the surcharges in ss. 94.64 (3r) (b) and (4) (a) 5., 94.681 (3), 94.685 (3) (a) 2.,
894.703 (3) (a) 2. and 94.704 (3) (a) 2. below the amounts specified in those provisions.
9The department shall adjust surcharge amounts as necessary to maintain a balance
10in the agricultural chemical cleanup fund at the end of each fiscal year of at least
11$2,000,000 but not more than $5,000,000, but may not increase a surcharge amount
12over the amount specified in s. 94.64 (3r) (b) or (4) (a) 5., 94.681 (3), 94.685 (3) (a) 2.,
1394.703 (3) (a) 2. or 94.704 (3) (a) 2.
AB100-engrossed,1331,2314
(b) If the department proposes to promulgate a rule under par. (a) using the
15procedures under s. 227.24, the department shall notify the cochairpersons of the
16joint committee on finance before beginning those procedures. If the cochairpersons
17of the committee do not notify the secretary that the committee has scheduled a
18meeting for the purpose of reviewing the proposed rule, the department may begin
19the procedures under s. 227.24. If, within 14 working days after the date of the
20department's notification, the cochairpersons of the committee notify the secretary
21that the committee has scheduled a meeting for the purpose of reviewing the
22proposed rule, the department may not begin the procedures under s. 227.24 until
23the committee approves the proposed rule.
AB100-engrossed,1332,1
195.60 Importing fish; fish farms. (1) In this section:
AB100-engrossed,1332,62
(a) "Fish farm" means a facility at which a person hatches fish eggs or rears fish
3for the purpose of introduction into the waters of the state, human or animal
4consumption, permitting fishing, use as bait or fertilizer or any other purpose
5specified by the department by rule or for sale to another person to rear for one of
6those purposes.
AB100-engrossed,1332,77
(b) "Waters of the state" has the meaning given in s. 281.01 (18).
AB100-engrossed,1332,10
8(2) (a) No person may bring any fish or fish eggs into this state for the purpose
9of introduction into the waters of the state, of use as bait or of rearing in a fish farm
10without an annual permit issued by the department.
AB100-engrossed,1332,1411
(b) No person may bring any fish or fish eggs of the family salmonidae into this
12state for the purpose of introduction into the waters of the state unless the fish are
13certified, as provided in the rules promulgated under sub. (4s) (d), to be free of the
14diseases specified under sub. (4s) (d).
AB100-engrossed,1332,1615
(c) The department may require a person who is subject to par. (a) or (b) to notify
16the department before bringing fish or fish eggs into this state.
AB100-engrossed,1332,1717
(d) The department of natural resources is exempt from par. (a).
AB100-engrossed,1332,21
18(3) A person who operates a fish farm shall obtain an annual health certificate
19from a veterinarian licensed under ch. 453 or from a person who is qualified to issue
20fish health certificates under sub. (4s) (c) for any fish eggs present or any fish reared
21on the fish farm.
AB100-engrossed,1333,2
22(3m) A person who operates a fish farm shall annually register the fish farm
23with the department. The person registering the fish farm shall provide evidence of
24the health certificate required under sub. (3) and shall identify the activities that will
1be engaged in, the species of fish that will be used and the facilities that will be used
2on the fish farm.
AB100-engrossed,1333,4
3(4) (a) The department shall inspect a fish farm upon initial registration under
4sub. (3m). The department may inspect a fish farm at any other time.
AB100-engrossed,1333,85
(b) The department may inspect fish and fish eggs subject to subs. (2) and (3)
6and the rules under sub. (4s) (b) to ensure the health of the fish and fish eggs. The
7inspection may include removal of reasonable samples of the fish and fish eggs for
8biological examination.
AB100-engrossed,1333,119
(c) A person who operates a fish farm shall keep records on purchases, sales and
10production of fish and fish eggs and any other records required by the department
11by rule. The department may inspect these records upon request.
AB100-engrossed,1333,12
12(4m) The department shall maintain a registry of fish farms.
AB100-engrossed,1333,13
13(4s) The department shall do all of the following:
AB100-engrossed,1333,1614
(a) In consultation with the department of natural resources, promulgate rules
15specifying requirements for the labeling and identification, in commerce, of fish
16reared in fish farms.
AB100-engrossed,1333,1917
(b) In consultation with the department of natural resources, promulgate rules
18specifying fish health standards and requirements for certifying that fish meet those
19standards for the purpose of s. 29.53.
AB100-engrossed,1333,2220
(c) In consultation with the department of natural resources, promulgate rules
21specifying the qualifications that a person who is not a veterinarian must satisfy in
22order to issue fish health certificates.
AB100-engrossed,1333,2523
(d) In consultation with the department of natural resources, promulgate rules
24specifying diseases and requirements for certifying that fish are free of those
25diseases for the purposes of sub. (2) (b).
AB100-engrossed,1334,2
1(e) Promulgate rules establishing the period for which a record required under
2sub. (4) (c) must be retained.
AB100-engrossed,1334,4
3(5) The department shall, by rule, specify the fees for permits, certificates,
4registration and inspections under this section.
AB100-engrossed,1334,6
5(6) (a) No person, except the department of natural resources, may rear lake
6sturgeon in a fish farm.
AB100-engrossed,1334,117
(c) The department, in consultation with the department of natural resources,
8shall study regulatory options that would enable commercial rearing of lake
9sturgeon while protecting the wild lake sturgeon population. The department shall
10submit the results of the study to the legislature under s. 13.172 (2) no later than
11December 31, 2000.
AB100-engrossed,1334,1513
97.29
(3) (cm) 1. For a food processing plant that has an annual production of
14$25,000 or more but less than $250,000 and that is engaged in processing potentially
15hazardous food or in canning, the reinspection fee is $80.
AB100-engrossed,1334,1917
97.29
(3) (cm) 3. For a food processing plant that has an annual production of
18$25,000 or more but less than $250,000 and that is not engaged in processing
19potentially hazardous food or in canning, the reinspection fee is $50.
AB100-engrossed,1334,2221
97.29
(3) (cm) 5. For a food processing plant that has an annual production of
22less than $25,000, the reinspection fee is $40.
AB100-engrossed,1335,424
97.30
(3m) (a) 3.
Beginning with the license year that ends on June 30, 1995,
25an An annual weights and measures inspection fee of $45, except that this fee does
1not apply to a retail food establishment that is located in a municipality that has
2established a municipal department of weights and measures under s. 98.04 (1)
or
3that recovers fees from the retail food establishment under s. 98.04 (2) for the
4purpose of enforcement of the provisions of ch. 98.
AB100-engrossed,1335,116
97.30
(3m) (b) 3.
Beginning with the license year that ends on June 30, 1995,
7an An annual weights and measures inspection fee of $100, except that this fee does
8not apply to a retail food establishment that is located in a municipality that has
9established a municipal department of weights and measures under s. 98.04 (1)
or
10that recovers fees from the retail food establishment under s. 98.04 (2) for the
11purpose of enforcement of the provisions of ch. 98.
AB100-engrossed,1335,1813
97.30
(3m) (c) 3.
Beginning with the license year that ends on June 30, 1995,
14an An annual weights and measures inspection fee of $25, except that this fee does
15not apply to a retail food establishment that is located in a municipality that has
16established a municipal department of weights and measures under s. 98.04 (1)
or
17that recovers fees from the retail food establishment under s. 98.04 (2) for the
18purpose of enforcement of the provisions of ch. 98.
AB100-engrossed,1336,420
98.04
(2) Nothing in this section shall prevent the department, at its discretion,
21from entering into contracts with municipalities in which it agrees to furnish the
22services and perform the duties of weights and measures departments in such
23municipalities. The authority and duties of the department in such municipalities
24shall be the same as the department of weights and measures, and such
25municipalities shall not be required to create such weights and measures
1departments. Under such contracts the department shall charge municipalities fees
2sufficient to cover the cost of services rendered.
Municipalities may recover an
3amount not to exceed the cost of these fees by assessing fees on the persons who
4receive the services rendered.
AB100-engrossed,1336,126
98.16
(2) (a) 1. Except as provided in subd. 2., a person may not operate a
7vehicle scale without a license from the department. A separate license is required
8for each scale. A license is not transferable between persons or scales. A license
9expires on
December March 31 annually. The department shall provide a license
10application form for persons applying for a license. The form may require
11information reasonably required by the department for licensing purposes. A license
12application shall be accompanied by applicable fees under pars. (b) and (c).
AB100-engrossed,1336,1614
98.16
(2) (b)
The Beginning on the effective date of this paragraph .... [revisor
15inserts date], and ending on June 30, 1999, the fee for a license under par. (a) is
$30,
16except that the department may establish a different fee by rule
$60.
AB100-engrossed, s. 2552f
17Section 2552f. 98.16 (2) (b) of the statutes, as affected by 1997 Wisconsin Act
18.... (this act), is repealed and recreated to read:
AB100-engrossed,1336,2019
98.16
(2) (b) The fee for a license under par. (a) is $30, except that the
20department may establish a different fee by rule.
AB100-engrossed,1337,322
98.16
(2) (c) An applicant for a license under par. (a) shall pay a license fee
23surcharge of
$30 $200 in addition to the license fee if the department determines that
24within one year prior to submitting the license application the applicant operated a
25vehicle scale without a license as required by par. (a). Payment of the license fee
1surcharge does not relieve the applicant of any other civil or criminal liability for the
2operation of a vehicle scale without a license but shall not constitute evidence of
3violation of a law.
AB100-engrossed,1337,55
98.18
(1) (title)
License required.
AB100-engrossed, s. 2555
6Section
2555. 98.18 (1) (a) 1. of the statutes is renumbered 98.18 (1) (a) and
7amended to read:
AB100-engrossed,1337,128
98.18
(1) (a) Except as provided in
subd. 2., a person may not par. (bm), no
9person may engage in the business of installing, servicing, testing or calibrating
10weights and measures without a license from the department. A license expires on
11December 31 annually.
The department shall provide a license application for
12persons applying for a license.
AB100-engrossed,1337,18
13(1d) (title)
License application. The form may require information An
14applicant for a license issued under sub. (1) (a) shall apply on a form provided by the
15department. The applicant shall provide on the form information that is reasonably
16required by the department for
licensing purposes. A
issuing licenses under this
17section. The license application shall be accompanied by
the applicable fees under
18pars. (b) and (c) subs. (1h) and (1p).
AB100-engrossed, s. 2556
19Section
2556. 98.18 (1) (a) 2. (intro.) of the statutes is renumbered 98.18 (1)
20(bm) (intro.) and amended to read:
AB100-engrossed,1337,2221
98.18
(1) (bm) (intro.)
Subdivision 1.
Paragraph (a) does not apply to any of the
22following:
AB100-engrossed, s. 2557
23Section
2557. 98.18 (1) (a) 2. a. of the statutes is renumbered 98.18 (1) (bm)
241. and amended to read:
AB100-engrossed,1338,3
198.18
(1) (bm) 1. A person who installs, services, tests or calibrates weights and
2measures only as an employe of a person who is required under
this paragraph par.
3(a) to hold a license to perform those services.
AB100-engrossed,1338,189
98.18
(1p) (title)
Surcharge for operating without a license. An applicant
10for a license under
par. sub. (1) (a) shall pay a license fee surcharge of
$100 $200 in
11addition to the license fee if the department determines that within one year
prior
12to submitting the license before making the application the applicant
engaged in the
13business of installing, servicing, testing or calibrating weights and measures
14without a license as required by par. violated sub. (1) (a). Payment of
the license fee 15this surcharge does not relieve the applicant of any other civil or criminal liability
16that
may result from the unlicensed activity but shall
the applicant may incur
17because of the violation of sub. (1) (a), but does not constitute evidence of violation
18of a law.
AB100-engrossed,1339,221
98.18
(1t) (title)
License contingent on fee payment. The department
shall 22may not issue or renew a license under
par. sub. (1) (a) unless the applicant pays all
23fees required under
pars. (b) and (c) subs. (1h) and (1p) as set forth in a statement
24issued by the department. The department shall refund a fee paid under protest if
1the department determines that the fee was not required to be paid under this
2section.
AB100-engrossed,1339,54
98.18
(1h) License fees. Unless the department establishes different fees by
5rule, the following annual license fees shall apply: