AB133-ASA1,1008,1313
(b) Deadlines for submitting pesticide sales and use data.
AB133-ASA1,1008,1514
(c) Methods for reviewing and analyzing the accuracy of the reported pesticide
15sales and use data.
AB133-ASA1,1008,1816
(d) Mechanisms by which the department will make the reported pesticide
17sales and use data available to the public, including through the Internet and
18computer media.
AB133-ASA1,1008,22
19(5) Reporting of sales of nonhousehold and industrial pesticides. Under the
20pesticide sales and use reporting system in sub. (2) (a), the department shall require
21manufacturers, distributors and dealers of industrial pesticides and nonhousehold
22pesticides to report all of the following information:
AB133-ASA1,1008,2423
(a) The date of sale, brand name and amount of each industrial pesticide and
24nonhousehold pesticide sold to each purchaser in this state.
AB133-ASA1,1008,2525
(b) The name, address and 9-digit zip code of each purchaser under par. (a).
AB133-ASA1,1009,2
1(c) The number of any license or certification under ss. 94.67 to 94.71 held by
2each purchaser under par. (a).
AB133-ASA1,1009,6
3(6) Reporting of certain pesticide applications. Under the pesticide sales and
4use reporting system in sub. (2) (a), the department shall require commercial
5applicators and private applicators to report all of the following for each application
6of an industrial pesticide or nonhousehold pesticide:
AB133-ASA1,1009,107
(a) The type of pesticide applied and its brand name, the name of the pesticide
8as registered under the federal act, the pesticide registration number assigned to the
9pesticide under the federal act, the manufacturer of the pesticide and the pesticide's
10active ingredients.
AB133-ASA1,1009,1211
(b) The name and any certification number, under s. 94.705, of the person
12applying the pesticide.
AB133-ASA1,1009,1313
(c) The date and time of the application and the amount of pesticide applied.
AB133-ASA1,1009,1514
(d) How the pesticide was applied, including any additives used and the type
15of application device used.
AB133-ASA1,1009,1616
(e) The rate of application of the pesticide.
AB133-ASA1,1009,2017
(f) The street address, including 9-digit zip code, and the county of the place
18at which the pesticide was applied, the location of the application by section,
19township, range and meridian and an identification of any bodies of water or
20municipalities adjacent to that location.
AB133-ASA1,1009,2121
(g) The size of the area to which the pesticide was applied.
AB133-ASA1,1009,2322
(h) The type of site to which the pesticide was applied and the purpose of the
23application.
AB133-ASA1,1009,2524
(i) A description of the crop, commodity, plant, animal, structure, equipment
25or material to which the pesticide was applied.
AB133-ASA1,1010,1
1(j) The weather conditions during the application.
AB133-ASA1,1010,32
(k) The name of the person preparing the report and that person's relationship
3to the person applying the pesticide.
AB133-ASA1,1010,9
4(7) Reporting of household pesticide sales and use. Under the pesticide sales
5and use reporting system in sub. (2) (a), the department shall collect data on the sale,
6use and result of use of household pesticides. The department may only require
7manufacturers and labelers required to be licensed under s. 94.68 to report on the
8amount of household pesticides sold. The department may purchase information
9concerning sales of household pesticides from marketing information businesses.
AB133-ASA1,1010,14
10(8) Limit on disclosure of certain information. (a) Except as provided in par.
11(b) or (c), upon written request by a property owner, the department shall treat as
12confidential information about pesticide sale or use for private agricultural purposes
13if the information would reveal the property to which a pesticide was applied or the
14name of the property owner.
AB133-ASA1,1010,1615
(b) Paragraph (a) does not apply if the information is requested by any of the
16following:
AB133-ASA1,1010,1817
1. A state or local government for any investigation, subject to any existing
18confidentiality requirements.
AB133-ASA1,1010,2019
2. A governmental agency that makes provisions to protect the confidentiality
20of the information.
AB133-ASA1,1010,2221
3. A researcher or physician who shows a valid need for the information and
22who makes provisions to protect the confidentiality of the information.
AB133-ASA1,1010,2423
4. A state agency or public water supply system for water quality assessment,
24subject to any existing confidentiality requirements.
AB133-ASA1,1011,2
1(c) Paragraph (a) does not apply after July 1, 2001, or after the day after
2publication of the 2001-03 biennial budget act, whichever is later.
AB133-ASA1,1011,64
94.704
(3) (a) 1. A license fee of $40, except that the license fee is $30 for the
5license years that begin on January 1, 1999,
and on January 1, 2000
, January 1,
62001, and January 1, 2002.
AB133-ASA1, s. 1944
7Section
1944. 94.72 (6) (a) 1. and 2. of the statutes are amended to read:
AB133-ASA1,1011,118
94.72
(6) (a) 1. For commercial feeds distributed in this state
during the years
9that begin on January 1, 1998, and on January 1, 1999, 15, beginning on the effective
10date of this subdivision .... [revisor inserts date], and ending on December 31, 2001,
11a feed inspection fee of 13 cents per ton.
AB133-ASA1,1011,1312
2. For commercial feeds distributed in this state on or after January 1,
2000,
1325 2002, a feed inspection fee of 23 cents per ton.
AB133-ASA1,1011,1715
94.72
(6) (a) 3. Beginning on the effective date of this subdivision .... [revisor
16inserts date], for commercial feeds distributed in this state a weights and measures
17inspection fee of 2 cents per ton.
AB133-ASA1,1012,419
94.73
(2) (c) The department may issue an order under par. (a) on a summary
20basis without prior notice or a prior hearing if the department determines that a
21summary order is necessary to prevent imminent harm to public health or safety or
22to the environment. If the recipient of a summary order requests a hearing on that
23order, the department shall hold a hearing within 10 days after it receives the
24request unless the recipient agrees to a later hearing date. The department is not
25required to stay enforcement of a summary order issued under this paragraph
1pending the outcome of the hearing. If the responsible person prevails after a
2hearing, the department shall reimburse the responsible person from the
3appropriation
account under s. 20.115 (7)
(e) or (wm) for the corrective action costs
4incurred as the result of the department's order.
AB133-ASA1,1012,146
94.73
(7) (a) The department may make payments to a responsible person who
7is eligible for reimbursement under sub. (3) if the department has authorized
8reimbursement to that person under sub. (6). The department shall make payment
9from the appropriation
accounts account under s. 20.115 (7)
(e) and (wm), subject to
10the availability of funds in
those that appropriation
accounts account. If there are
11insufficient funds to pay the full amounts authorized under sub. (6) to all eligible
12responsible persons, the department shall distribute payments in the order in which
13applications were received, unless the department specifies, by rule, a different order
14of payment.
AB133-ASA1,1012,2016
95.21
(9) (c) The department may provide training to persons who administer
17local rabies control programs or who conduct rabies examinations under those
18programs. The department may charge fees to cover the cost of training. The fees
19collected under this paragraph shall be credited to the appropriation under s. 20.115
20(2) (j).
AB133-ASA1,1012,2222
98.01
(3) "Municipality" means a city
or, village
or town.
AB133-ASA1,1013,2024
98.04
(1) Each Except as provided in sub. (2), a municipality having a
25population of more than 5,000, according to the
latest federal census most recent
1population estimate made by the department of administration under s. 16.96, shall
2enforce the provisions of this chapter within its jurisdiction. For this purpose
it, a
3municipality shall establish a municipal department of weights and measures. Each
4municipal department of weights and measures shall have such number of qualified
5sealers or inspectors as will ensure compliance with this chapter. Municipal sealers
6or inspectors shall have the same authority as sealers or inspectors of the
7department
of agriculture, trade and consumer protection. The selection of
8municipal sealers or inspectors shall be from a list of applicants whose qualifications
9have been certified by the state or local civil service agency under the rules of the
10agency.
Such The municipality shall procure and keep at all times a complete set of
11standards of weight and measure conforming to the state standards
, and such
12standards shall be submitted and shall submit the standards for certification at
13regular intervals as required by the department
. It
of agriculture, trade and
14consumer protection. The municipality shall keep a complete record of its work and
15annually shall file a report thereof with the department
of agriculture, trade and
16consumer protection.
Municipalities The municipality may enact ordinances
17regulating that regulate weights and measures
and that are not in conflict with this
18chapter or the rules of the department
and of agriculture, trade and consumer
19protection. The municipality may assess fees
which that do not exceed the actual cost
20of
the municipal its weights and measures program.
AB133-ASA1, s. 1952
21Section
1952. 98.04 (2) of the statutes is repealed and recreated to read:
AB133-ASA1,1014,622
98.04
(2) A municipality that is required to establish a department of weights
23and measures under sub. (1) may contract with the department of agriculture, trade,
24and consumer protection to enforce the provisions of this chapter within the
25municipality's jurisdiction instead of establishing its own department if the
1department of agriculture, trade and consumer protection agrees to enter into such
2a contract. The department of agriculture, trade and consumer protection may
3charge the municipality fees sufficient to cover the department's costs under the
4contract. A municipality may recover an amount not to exceed the cost of these fees
5by assessing fees on the persons who receive services under the weights and
6measures program.
AB133-ASA1,1014,109
98.16
(2) (b) The fee for a license under par. (a) is
$30 $60, except that the
10department may establish a different fee by rule.
AB133-ASA1,1014,19
12100.261 Consumer information assessment. (1) If a court imposes a fine
13or forfeiture for a violation of this chapter, ch. 98, a rule promulgated under this
14chapter or ch. 98 or an ordinance enacted under this chapter or ch. 98, the court shall
15also impose a consumer information assessment in an amount equal to 15% of the
16fine or forfeiture imposed. If multiple violations are involved, the court shall base
17the consumer information assessment upon the the total of the fine or forfeiture
18amounts for all violations. If a fine or forfeiture is suspended in whole or in part, the
19court shall reduce the assessment in proportion to the suspension.
AB133-ASA1,1014,25
20(2) If any deposit is made for a violation to which this section applies, the person
21making the deposit shall also deposit a sufficient amount to include the consumer
22information assessment required under this section. If the deposit is forfeited, the
23amount of the consumer information assessment shall be transmitted to the state
24treasurer under sub. (3). If the deposit is returned, the consumer information
25assessment shall also be returned.
AB133-ASA1,1015,3
1(3) (a) The clerk of court shall collect and transmit the consumer information
2assessment amounts to the county treasurer under s. 59.40 (2) (m). The county
3treasurer shall then make payment to the state treasurer under s. 59.25 (3) (f) 2.
AB133-ASA1,1015,64
(b) 1. The state treasurer shall deposit the assessment amounts in the general
5fund and shall credit them to the appropriation account under s. 20.115 (1) (jb),
6subject to the limit under subd. 2.
AB133-ASA1,1015,87
2. The amount credited to the appropriation account under s. 20.115 (1) (jb) may
8not exceed $85,000 in each fiscal year.
AB133-ASA1,1015,1810
100.30
(2) (c) 1. b. For every person holding a permit as a distributor as defined
11in s. 139.30 (3)
or as a multiple retailer as defined in s. 139.30 (8), with respect to that
12portion of the person's business which involves the purchase and sale of cigarettes
, 13"cost to wholesaler" means the cost charged by the cigarette manufacturer,
14disregarding any manufacturer's discount or any discount under s. 139.32 (5), plus
15the amount of tax imposed under s. 139.31. Except for a sale at wholesale between
16wholesalers, a markup to cover a proportionate part of the cost of doing business shall
17be added to the cost to wholesaler. In the absence of proof of a lesser cost, this markup
18shall be 3% of the cost to wholesaler as set forth in this subd. 1. b.
AB133-ASA1,1015,2520
100.30
(2) (f) With respect to the sale of merchandise other than motor vehicle
21fuel, "retailer" and "wholesaler" shall both be applied to any merchant who buys
22merchandise for resale at retail from the manufacturer or producer thereof
and to
23any wholesaler under par. (L) 2. and, as to that merchandise or that wholesaler, the
24terms "cost to retailer" and "cost to wholesaler" as defined in pars. (am) and (c) shall
25both be applied, including the markup requirements.
AB133-ASA1, s. 1960p
1Section 1960p. 100.30 (2) (L) (intro.) and 1. of the statutes are consolidated,
2renumbered 100.30 (2) (L) and amended to read:
AB133-ASA1,1016,83
100.30
(2) (L) (intro.) "Wholesaler" includes
every person holding a permit as
4a multiple retailer under s. 139.30 (8) and every person engaged in the business of
5making sales at wholesale, other than sales of motor vehicle fuel at wholesale, within
6this state except
as follows: 1. In that in the case of a person engaged in the business
7of selling both at wholesale and at retail, "wholesaler" applies only to the wholesale
8portion of that business.
AB133-ASA1,1016,1511
101.01
(4) "Employer" means any person, firm, corporation, state, county,
12town, city, village, school district, sewer district, drainage district
, family care
13district and other public or quasi-public corporations as well as any agent, manager,
14representative or other person having control or custody of any employment, place
15of employment or of any employe.
AB133-ASA1,1016,2417
101.02
(18m) The department may perform
, or contract for the performance
18of, testing of petroleum products other than testing provided under ch. 168. The
19department may establish a schedule of fees for such petroleum product testing
20services. The department shall credit all revenues received from fees established
21under this subsection to the appropriation account under s. 20.143 (3) (ga). Revenues
22from fees established under this subsection may be used by the department to pay
23for testing costs, including laboratory supplies and equipment amortization, for such
24products.
AB133-ASA1,1017,6
1101.02
(20) (a) For purposes of this subsection, "license" means a license,
2permit or certificate of certification or registration issued by the department under
3ss. 101.09 (3) (c), 101.122 (2) (c), 101.143 (2) (g), 101.15 (2) (e), 101.17, 101.177 (4) (a),
4101.178 (2) or (3) (a), 101.63 (2) or (2m), 101.653, 101.73 (5) or (6), 101.82 (2), 101.87,
5101.935, 101.95,
101.951, 101.952, 145.02 (4), 145.035, 145.045, 145.15, 145.16,
6145.165, 145.17, 145.175, 145.18 or 167.10 (6m).
AB133-ASA1,1017,138
101.02
(21) (a) In this subsection, "license" means a license, permit or
9certificate of certification or registration issued by the department under s. 101.09
10(3) (c), 101.122 (2) (c), 101.143 (2) (g), 101.15 (2) (e), 101.17, 101.177 (4) (a), 101.178
11(2) or (3) (a), 101.63 (2), 101.653, 101.73 (5) or (6), 101.82 (2), 101.87,
101.935, 101.95,
12101.951, 101.952, 145.02 (4), 145.035, 145.045, 145.15, 145.16, 145.165, 145.17,
13145.175, 145.18 or 167.10 (6m).
AB133-ASA1,1017,16
15101.09 (title)
Storage of flammable and, combustible and hazardous
16liquids.
AB133-ASA1,1017,1918
101.09
(1) (am) "Federally regulated hazardous substance" means a hazardous
19substance, as defined in
42 USC 9601 (14).
AB133-ASA1,1017,2421
101.09
(2) (a) Except as provided under pars. (b) to (d), every person who
22constructs, owns or controls a tank for the storage, handling or use of
flammable or
23combustible liquid
that is flammable or combustible or a federally regulated
24hazardous substance shall comply with the standards adopted under sub. (3).
AB133-ASA1,1018,14
1101.09
(3) (a) The department shall promulgate by rule construction,
2maintenance and abandonment standards applicable to tanks for the storage,
3handling or use of
flammable and combustible liquids
that are flammable or
4combustible or are federally regulated hazardous substances, and to the property
5and facilities where the tanks are located, for the purpose of protecting the waters
6of the state from harm due to contamination by
flammable and combustible liquids
7that are flammable or combustible or are federally regulated hazardous substances.
8The rule shall comply with ch. 160. The rule may include different standards for new
9and existing tanks, but all standards shall provide substantially similar protection
10for the waters of the state. The rule shall include maintenance requirements related
11to the detection and prevention of leaks. The rule may require any person supplying
12heating oil to any noncommercial storage tank for consumptive use on the premises
13to submit to the department, within 30 days after the department requests, the
14location, contents and size of any such tank.
AB133-ASA1,1018,2316
101.14
(5) (a) Subject to par. (b), in addition to any fee charged by the
17department by rule for plan review and approval for the construction of a new or
18additional installation or change in operation of a previously approved installation
19for the storage, handling or use of
flammable or combustible liquids a liquid that is
20flammable or combustible or a federally regulated hazardous substance, as defined
21in s. 101.09 (1) (am), the department shall collect a groundwater fee of $100 for each
22plan review submittal. The moneys collected under this subsection shall be credited
23to the environmental fund for environmental management.
AB133-ASA1,1019,324
(b) Notwithstanding par. (a), an installation for the storage, handling or use of
25flammable or combustible liquids a liquid that is flammable or combustible or a
1federally regulated hazardous substance, as defined in s. 101.09 (1) (am), that has
2a capacity of less than 1,000 gallons is not subject to the groundwater fee under par.
3(a).
AB133-ASA1,1019,65
101.143
(1) (bm) "Enforcement standard" has the meaning given in s. 160.01
6(2).
AB133-ASA1,1019,108
101.143
(1) (cq) "Natural attenuation" means the reduction in the
9concentration and mass of a substance, and the products into which the substance
10breaks down, due to naturally occurring physical, chemical and biological processes.
AB133-ASA1,1019,1612
101.143
(2) (em) 1. The department may promulgate rules that specify a fee
13that must be paid by a service provider as a condition of submitting a bid to conduct
14an activity under sub. (3) (c) for which a claim for reimbursement under this section
15will be submitted. Any fees collected under the rules shall be deposited into the
16petroleum inspection fund.
AB133-ASA1,1019,2017
2. If the department promulgates rules under subd. 1., the department may
18purchase, or provide funding for the purchase of, insurance to cover the amount by
19which the costs of conducting activities under sub. (3) (c) exceed the amount bid to
20conduct those activities.
AB133-ASA1,1019,2522
101.143
(2) (h) The department of commerce and the department of natural
23resources, jointly, shall promulgate rules designed to facilitate effective and
24cost-efficient administration of the program under this section that specify all of the
25following: