Amendment JR2 AA1-ASA1-AB1

AB1-ASA1-AA1,133,12 86.312 (2) (a) The department shall administer a local roads for job preservation program to award grants to political subdivisions for any project that the department determines is necessary to support business and retain jobs in the vicinity of the local road. The department may award grants under this section for any costs related to a project, including costs of acquiring rights-of-way, planning, designing, engineering, and constructing a local road. The department may specify the pavement to be used in any project funded under this section for the purpose of enhancing the pavement life and cost-effectiveness of the project.".

AB1-ASA1-AA1,133,13 186. Page 154, line 4: after that line insert:

AB1-ASA1-AA1,133,14 " Section 259m. 93.01 (1r) of the statutes is created to read:

AB1-ASA1-AA1,133,17 93.01 (1r) "Civil investigative demand" means a written document prepared by the department that is related to the enforcement of chs. 93 to 100 and that orders a person to do any of the following:

AB1-ASA1-AA1,133,19 (a) Provide originals or copies of documents, records, or reports in the person's custody.

AB1-ASA1-AA1,133,21 (b) Answer specific questions submitted by the department in the form of written depositions, interrogatories, or requests for admissions.

AB1-ASA1-AA1,133,23 (c) Allow employees of the department to review and copy documents, records, or reports in the person's custody.".

AB1-ASA1-AA1,133,24 187. Page 154, line 4: after that line insert:

AB1-ASA1-AA1,134,1 " Section 259d. 86.21 (2) (a) of the statutes is amended to read:

AB1-ASA1-AA1,135,2 86.21 (2) (a) Before any such toll bridge is constructed or acquired under this section, a resolution authorizing the construction or acquisition thereof, and specifying the method of payment therefor, shall be adopted by a majority of the members of the governing body of such county, town, village or city at a regular meeting, after publication of said resolution, as a class 2 notice, under ch. 985. The resolution shall include a general description of the property it is proposed to acquire or construct. Any county, town, village or city constructing or acquiring a toll bridge under this section may provide for the payment of the same or any part thereof from the general fund, from taxation, or from the proceeds of either municipal bonds, revenue bonds or as otherwise provided by law. Such resolution shall not be effective until 15 days after its passage and publication. If within said 15 days a petition conforming to the requirements of s. 8.40 is filed with the clerk of such municipality, and filed as provided in s. 8.37, signed by at least 20% of the electors thereof requesting that the question of acquiring such toll bridge be submitted to the said electors, such question shall be submitted at any general or regular municipal the next election authorized under s. 8.065 (2) or an election authorized under s. 8.065 (3) that is held not sooner than 42 days from the date of filing such petition. In case no such general or regular municipal election is to be held within such stated period, then the governing body of such municipality shall order a special election to be held within 30 days from the filing of such petition upon the question of whether such toll bridge shall be acquired by said municipality. The question submitted to the electors shall specify the method of payment for such toll bridge as provided in the resolution for the acquisition thereof. If no such petition is filed, or if the majority of votes cast at such referendum election are in favor of the acquisition of such toll bridge, then the resolution of the governing body for the acquisition of such toll bridge shall be in effect.".

AB1-ASA1-AA1,135,3 188. Page 154, line 4: after that line insert:

AB1-ASA1-AA1,135,4 " Section 259s. 86.303 (5) (b) of the statutes is amended to read:

AB1-ASA1-AA1,135,9 86.303 (5) (b) Cost data shall be reported on a calendar year basis, and financial report forms or, with respect to municipalities a written request for extension, shall be submitted to the department of revenue as provided under pars. (c) and (d). All extensions under this paragraph shall be until May 15 and no extension beyond that date may be granted.

AB1-ASA1-AA1, s. 259t Section 259t. 86.303 (5) (d) of the statutes is amended to read:

AB1-ASA1-AA1,135,23 86.303 (5) (d) The department and the department of revenue shall prescribe a statewide uniform financial reporting procedure under s. 73.10 for counties having a population of more than 2,500 and municipalities having a population of more than 2,500. The financial report forms or, with respect to municipalities a written request for extension, shall be submitted to the department of revenue by May 1 by counties having a population of more than 2,500 and municipalities having a population of more than 2,500 and by June 30 by counties having a population of more than 2,500 for the purposes under this section. All extensions under this paragraph shall be until May 15 and no extension beyond that date may be granted. The department of revenue shall forward the highway-related cost data to the department. Counties having a population of 25,000 or more and municipalities having a population of 25,000 or more are required to submit a financial report form to the department of revenue under this paragraph and financial reports under par. (g).

AB1-ASA1-AA1, s. 259u Section 259u. 86.303 (7) (c) of the statutes is amended to read:

AB1-ASA1-AA1,136,12 86.303 (7) (c) Any municipality having a population of 2,500 or less which that has submitted its financial report form may amend it prior to March 31 or prior to May 15 if a written request for extension has been received by the department of revenue. Any county or any municipality having a population over 2,500 which that has submitted its financial report form may amend it prior to May 1 or prior to May 15 if a written request for extension has been received by the department of revenue. Any county having a population of more than 2,500 that has submitted its financial report form may amend it prior to June 30. Any amendments shall be submitted to the department of revenue. Any county or municipality which that desires to amend its financial report form after May 15, or any county that desires to amend its financial report form after June 30, shall submit an independent, certified audit to the department of revenue no later than August 15.".

AB1-ASA1-AA1,136,13 189. Page 154, line 4: after that line insert:

AB1-ASA1-AA1,136,14 " Section 259e. 86.30 (2) (a) 1. of the statutes is amended to read:

AB1-ASA1-AA1,136,20 86.30 (2) (a) 1. Except as provided in pars. (b), and (d) and (dm), sub. (10) , and s. 86.303, the amount of transportation aids payable by the department to each county shall be the aids amount calculated under subd. 2. and to each municipality shall be the aids amount calculated under subd. 2. or 3., whichever is greater. If the amounts calculated for a municipality under subd. 2. or 3. are the same, transportation aids to that municipality shall be paid under subd. 2.

AB1-ASA1-AA1, s. 259ec Section 259ec. 86.30 (2) (b) 1r. of the statutes is amended to read:

AB1-ASA1-AA1,137,2 86.30 (2) (b) 1r. Except as provided under s. 86.303, no county may receive an increase in its annual transportation aid payment in excess of 15% of its last previous calendar year aid payment. Except as provided under par. (dm) and s. 86.303, no county may receive a decrease in its annual transportation aid payment in excess of 2% of its last previous calendar year transportation aid payment.

AB1-ASA1-AA1, s. 259ee Section 259ee. 86.30 (2) (dm) of the statutes is repealed.".

AB1-ASA1-AA1,137,4 190. Page 154, line 17: after that line insert:

AB1-ASA1-AA1,137,5 " Section 259u. 93.14 (1m) of the statutes is created to read:

AB1-ASA1-AA1,137,8 93.14 (1m) (a) Any person who has been served with a department complaint, notice, order, or other process as authorized in s. 93.18 (5) shall be subject to the department's authority and jurisdiction, as limited by par. (b).

AB1-ASA1-AA1,137,10 (b) The department's jurisdiction may not exceed the jurisdiction granted to courts under s. 815.05.

AB1-ASA1-AA1, s. 259w Section 259w. 93.14 (3) of the statutes is amended to read:

AB1-ASA1-AA1,137,14 93.14 (3) Any person who shall unlawfully fail to attend as a witness, fail to comply with a subpoena, order, or civil investigative demand, or refuse to testify may be coerced as provided in s. 885.12.

AB1-ASA1-AA1, s. 259x Section 259x. 93.15 (1) of the statutes is amended to read:

AB1-ASA1-AA1,137,20 93.15 (1) The department may, by general or special order, require persons engaged in business to file with the department, at such time and in such manner as the department may direct, sworn or unsworn reports or sworn or unsworn answers in writing to specific questions, as to any matter which the department may investigate.

AB1-ASA1-AA1, s. 259y Section 259y. 93.15 (2) of the statutes is amended to read:

AB1-ASA1-AA1,138,2 93.15 (2) The department or any of its authorized agents may have access to and may copy any document, or any part thereof, which of a document, that is in the possession or under the control of any person engaged in business, if such the document, or such part thereof of the document, is relevant to any matter which that the department may investigate.".

AB1-ASA1-AA1,138,3 191. Page 154, line 18: after that line insert:

AB1-ASA1-AA1,138,4 " Section 260g. 95.22 of the statutes is renumbered 95.22 (1).

AB1-ASA1-AA1, s. 260h Section 260h. 95.22 (2) of the statutes is created to read:

AB1-ASA1-AA1,138,7 95.22 (2) The department shall provide the reports of any communicable diseases under sub. (1) to the department of health and family services.".

AB1-ASA1-AA1,138,8 192. Page 154, line 18: after that line insert:

AB1-ASA1-AA1,138,9 " Section 260d. 94.64 (3m) (b) (intro.) of the statutes is amended to read:

AB1-ASA1-AA1,138,14 94.64 (3m) (b) (intro.) An application for a permit under par. (a) 2. shall be on a form prescribed by the department and shall be accompanied by a proposed product label and a nonrefundable fee of $25 $100 until June 30, 2004, and $25 beginning on July 1, 2004. The department may require that the applicant substantiate, by scientific evidence:

AB1-ASA1-AA1, s. 260de Section 260de. 94.64 (4) (a) 1. of the statutes is amended to read:

AB1-ASA1-AA1,138,19 94.64 (4) (a) 1. A basic fee of 23 30 cents per ton for fertilizer sold or distributed beginning on October 29, 1999 July 1, 2001, and ending on June 30, 2001 2006, and 30 45 cents per ton for fertilizer sold or distributed after June 30, 2001 2006, with a minimum fee of $25.

AB1-ASA1-AA1, s. 260dg Section 260dg. 94.64 (4) (a) 5. of the statutes is amended to read:

AB1-ASA1-AA1,138,23 94.64 (4) (a) 5. An agricultural chemical cleanup surcharge of 38 88 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).

AB1-ASA1-AA1, s. 260f Section 260f. 94.681 (1) (cm) of the statutes is created to read:

AB1-ASA1-AA1,139,2 94.681 (1) (cm) "Payment period" means the 12 months ending on September 30 of the calendar year for which a license is sought under s. 94.68.

AB1-ASA1-AA1, s. 260fc Section 260fc. 94.681 (2) of the statutes is repealed and recreated to read:

AB1-ASA1-AA1,139,10 94.681 (2) Annual license fee. An applicant for a license under s. 94.68 shall pay an annual license fee for each pesticide product that the applicant sells or distributes for use in this state. The amount of the fee is based on sales of pesticide products during the payment period. An applicant shall pay an estimated fee before the start of each license year as provided in sub. (3s) (a) and shall make a fee adjustment payment before the end of the license year if required under sub. (3s) (b). Except as provided in sub. (5) or (6), the fee for each pesticide product is as follows:

AB1-ASA1-AA1,139,11 (a) For each household pesticide product:

AB1-ASA1-AA1,139,13 1. If the applicant sells less than $25,000 of the product during the payment period for use in this state, $265.

AB1-ASA1-AA1,139,15 2. If the applicant sells at least $25,000 but less than $75,000 of the product during the payment period for use in this state, $750.

AB1-ASA1-AA1,139,17 3. If the applicant sells at least $75,000 of the product during the payment period for use in this state, $1,500.

AB1-ASA1-AA1,139,18 (b) For each industrial pesticide product:

AB1-ASA1-AA1,139,20 1. If the applicant sells less than $25,000 of the product during the payment period for use in this state, $315.

AB1-ASA1-AA1,139,22 2. If the applicant sells at least $25,000 but less than $75,000 of the product during the payment period for use in this state, $860.

AB1-ASA1-AA1,139,24 3. If the applicant sells at least $75,000 of that product during the payment period for use in this state, $3,060.

AB1-ASA1-AA1,139,25 (c) For each nonhousehold pesticide product:

AB1-ASA1-AA1,140,2 1. If the applicant sells less than $25,000 of that product during the payment period for use in this state, $320.

AB1-ASA1-AA1,140,4 2. If the applicant sells at least $25,000 but less than $75,000 of the product during the payment period for use in this state, $890.

AB1-ASA1-AA1,140,7 3. If the applicant sells at least $75,000 of the product during the payment period for use in this state, $3,060 plus 0.2% of the gross revenues from sales of the product during the payment period for use in this state.

AB1-ASA1-AA1, s. 260fg Section 260fg. 94.681 (3) of the statutes is amended to read:

AB1-ASA1-AA1,140,18 94.681 (3) Nonhousehold pesticides; cleanup surcharge. Except for the license years that begin on January 1, 1999, and January 1, 2000, an An applicant for a license under s. 94.68 shall pay an agricultural chemical cleanup surcharge for each nonhousehold pesticide product that the applicant sells or distributes for use in this state. The amount of the surcharge is based on sales of nonhousehold pesticide products during the payment period. An applicant shall pay an estimated surcharge before the start of each license year as provided in sub. (3s) (a) and shall make a surcharge adjustment payment before the end of the license year if required by sub. (3s) (b). Except as provided in sub. (6) or under s. 94.73 (15), the amount of the surcharge is as follows:

AB1-ASA1-AA1,140,20 (a) If the applicant sold sells less than $25,000 of the product during the preceding year payment period for use in this state, $5.

AB1-ASA1-AA1,140,22 (b) If the applicant sold sells at least $25,000 but less than $75,000 of that product during the preceding year payment period for use in this state, $170.

AB1-ASA1-AA1,141,2 (c) If the applicant sold sells at least $75,000 of that product during the preceding year payment period for use in this state, an amount equal to 1.1% of gross revenues from sales of the product during the preceding year payment period for use in this state.

AB1-ASA1-AA1, s. 260fn Section 260fn. 94.681 (3m) of the statutes is amended to read:

AB1-ASA1-AA1,141,14 94.681 (3m) Wood preservatives; cleanup surcharge. An applicant for a license under s. 94.68 shall pay an environmental cleanup surcharge for each pesticide product that is not a household pesticide and is solely labeled for use on wood and contains pentachlorophenol or coal tar creosote that the applicant sells or distributes in this state. The amount of the surcharge is based on sales of pesticide products that are not household pesticides and are solely labeled for use on wood and contain pentachlorophenol or coal tar creosote during the payment period. An applicant shall pay an estimated surcharge before the start of each license year as provided in sub. (3s) (a) and shall make a surcharge adjustment payment before the end of the license year if required by sub. (3s) (b). Except as provided in sub. (6), the amount of the surcharge is as follows:

AB1-ASA1-AA1,141,16 (a) If the applicant sold sells less than $25,000 of the product during the preceding year payment period for use in this state, $5.

AB1-ASA1-AA1,141,18 (b) If the applicant sold sells at least $25,000 but less than $75,000 of that product during the preceding year payment period for use in this state, $170.

AB1-ASA1-AA1,141,22 (c) If the applicant sold sells at least $75,000 of that product during the preceding year payment period for use in this state, an amount equal to 1.1% of gross revenues from sales of the product during the preceding year payment period for use in this state.

AB1-ASA1-AA1, s. 260fp Section 260fp. 94.681 (3s) of the statutes is created to read:

AB1-ASA1-AA1,142,7 94.681 (3s) Payment of fees and surcharges. (a) Before the start of a license year, an applicant shall estimate the gross revenues that the applicant will receive from sales of each pesticide product during the payment period that ends during the year for which a license is sought under s. 94.81 and shall pay the amounts under subs. (2), (3), and (3m) based on that estimate. At least 15 days before beginning to sell a new pesticide product in this state, a licensee shall estimate the gross revenues that the applicant will receive from sales of that pesticide product during the payment period in which the licensee begins to sell the pesticide product and shall pay the amounts under subs. (2), (3), and (3m) based on that estimate.

AB1-ASA1-AA1,142,12 (b) Before the end of a license year, a licensee shall report to the department the gross revenues that the licensee received from sales of each pesticide product during the payment period that ended during the license year, as required under s. 94.68 (2) (a) 2., and shall reconcile the estimated payment made under par. (a) with the amounts actually due under subs. (2), (3), and (3m) as follows:

AB1-ASA1-AA1,142,14 1. If the amount due based on actual sales is greater than the amount paid based on estimated sales, the licensee shall pay the additional amount due.

AB1-ASA1-AA1,142,17 2. If the amount due based on actual sales is less than the amount paid based on estimated sales, the licensee may request the department to reimburse the licensee for the amount of the overpayment.

AB1-ASA1-AA1,142,19 3. If the amount due based on actual sales equals the amount paid based on estimated sales, no action is required.

AB1-ASA1-AA1,142,23 (c) 1. Except as provided in subd. 2., if a licensee's total payment due under par. (b) is more than 20% of the total amount paid under par. (a), the licensee shall pay a penalty equal to 20% of the total amount due under par. (b). The penalty under this subdivision is in addition to any late filing fee under s. 93.21 (5).

AB1-ASA1-AA1,143,2 2. Subdivision 1. does not apply to a licensee if the licensee's payments under par. (a) are based on estimates of gross revenues from sales for each pesticide product that equal at least 90% of the licensee's gross revenues from sales of the pesticide product during the preceding year.

AB1-ASA1-AA1, s. 260fr Section 260fr. 94.681 (7) (a) (intro.) and 1. of the statutes are consolidated, renumbered 94.681 (7) (a) and amended to read:

AB1-ASA1-AA1,143,10 94.681 (7) (a) License fees. The department shall deposit all license fees collected under subs. (2), (5), and (6) (a) 3. in the agrichemical management fund except as follows: 1. The that the department shall deposit an amount equal to $94 $60 for each household pesticide and industrial pesticide product for which an applicant pays a license fee in the environmental fund for environmental management.

AB1-ASA1-AA1, s. 260fw Section 260fw. 94.681 (7) (a) 2. of the statutes is repealed.

AB1-ASA1-AA1, s. 260h Section 260h. 94.72 (6) (a) 1. of the statutes is repealed.

AB1-ASA1-AA1, s. 260he Section 260he. 94.72 (6) (a) 2. of the statutes is amended to read:

AB1-ASA1-AA1,143,16 94.72 (6) (a) 2. For commercial feeds distributed in this state beginning on or after January 1, 2002, and ending on December 31, 2002, a feed inspection fee of 23 cents per ton.

AB1-ASA1-AA1, s. 260hm Section 260hm. 94.72 (6) (a) 2m. of the statutes is created to read:

AB1-ASA1-AA1,143,20 94.72 (6) (a) 2m. For commercial feeds distributed in this state beginning on January 1, 2003, and ending on December 31, 2003, a feed inspection fee of 28 cents per ton or $30, whichever is greater.

AB1-ASA1-AA1, s. 260hs Section 260hs. 94.72 (6) (a) 2r. of the statutes is created to read:

AB1-ASA1-AA1,143,23 94.72 (6) (a) 2r. For commercial feeds distributed in this state on or after January 1, 2004, a feed inspection fee of 23 cents per ton.

AB1-ASA1-AA1, s. 260k Section 260k. 94.73 (6) (b) of the statutes is amended to read: