Amendment JR2 AA1-ASA1-AB1

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AB1-ASA1-AA1, s. 260fc Section 260fc. 94.681 (2) of the statutes is repealed and recreated to read: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

AB1-ASA1-AA1,144,4 94.73 (6) (b) Except as provided in pars. (c) and (e), the department shall reimburse a responsible person an amount equal to 80% 75% of the corrective action costs incurred for each discharge site that are greater than $3,000 and less than $400,000.

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

AB1-ASA1-AA1,144,9 94.73 (6) (c) (intro.) Except as provided in par. (e), the department shall reimburse a responsible person an amount equal to 80% 75% of the corrective action costs incurred for each discharge site that are greater than $7,500 and less than $400,000 if any of the following applies:

AB1-ASA1-AA1, s. 260kr Section 260kr. 94.73 (15) (a) of the statutes is amended to read:

AB1-ASA1-AA1,144,18 94.73 (15) (a) The department may, by rule, reduce any of the surcharges in ss. 94.64 (3r) (b) and (4) (a) 5., 94.681 (3), 94.685 (3) (a) 2., 94.703 (3) (a) 2., and 94.704 (3) (a) 2. below the amounts specified in those provisions. The department shall adjust surcharge amounts as necessary to maintain a balance in the agricultural chemical cleanup fund at the end of each fiscal year of at least $2,000,000 but not more than $5,000,000 $3,000,000, but may not increase a surcharge amount over the amount specified in s. 94.64 (3r) (b) or (4) (a) 5., 94.681 (3), 94.685 (3) (a) 2., 94.703 (3) (a) 2., or 94.704 (3) (a) 2.".

AB1-ASA1-AA1,144,19 193. Page 155, line 13: after that line insert:

AB1-ASA1-AA1,144,21 " Section 263b. 100.207 (1) of the statutes is renumbered 100.207 (1) (intro.) and amended to read:

AB1-ASA1-AA1,144,23 100.207 (1) Definition Definitions. (intro.) In this section, "telecommunications:

AB1-ASA1-AA1,144,24 (b) "Telecommunications service" has the meaning given in s. 196.01 (9m).

AB1-ASA1-AA1, s. 263f Section 263f. 100.207 (1) (a) of the statutes is created to read:

AB1-ASA1-AA1,145,3 100.207 (1) (a) "Telecommunications provider" has the meaning given in s. 196.01 (8p).

AB1-ASA1-AA1, s. 263k Section 263k. 100.207 (1) (c) of the statutes is created to read:

AB1-ASA1-AA1,145,7 100.207 (1) (c) "Telecommunications subscription" means a contract between a telecommunications provider and a customer for a telecommunications service that is always provided to the customer during each billing period.

AB1-ASA1-AA1, s. 263o Section 263o. 100.207 (3g) of the statutes is created to read:

AB1-ASA1-AA1,145,11 100.207 (3g) Billing for other services. (a) A telecommunications provider may not bill a customer for any goods or services, other than telecommunications services, unless all of the following apply:

AB1-ASA1-AA1,145,13 1. The telecommunications provider reasonably believes that the customer knowingly consented to the billing.

AB1-ASA1-AA1,145,16 2. The telecommunications provider confirms with the customer, before providing the telecommunications service, that the customer knowingly consented to the billing.

AB1-ASA1-AA1,145,18 (b) If a customer consents to being billed under par. (a), all of the following shall apply:

AB1-ASA1-AA1,145,22 1. The telecommunications provider shall distinguish the billing for the other goods or services from the billing for the telecommunications service in a conspicuous manner. The department shall promulgate rules establishing requirements for complying with this subdivision.

AB1-ASA1-AA1,145,24 2. The telecommunications provider shall provide a detailed itemized listing of the charges for the goods or services if requested to do so by the customer.

AB1-ASA1-AA1, s. 263s Section 263s. 100.207 (3m) of the statutes is created to read:

AB1-ASA1-AA1,146,3 100.207 (3m) Telecommunications service confirmation. (a) A telecommunications provider may not provide a telecommunications service to a customer unless all of the following apply:

AB1-ASA1-AA1,146,5 1. The telecommunications provider reasonably believes that the customer knowingly consented to receive the service.

AB1-ASA1-AA1,146,8 2. The telecommunications provider confirms with the customer, before providing the telecommunications service, that the customer knowingly consented to receive the service.

AB1-ASA1-AA1,146,12 3. At the time that the telecommunications provider provides confirmation under subd. 2., the telecommunications provider informs the customer that he or she may, before the service is activated, withdraw his or her consent to receive the service and informs the customer of the manner by which that consent may be withdrawn.

AB1-ASA1-AA1,146,15 (b) Paragraph (a) does not apply to basic local exchange service or long distance toll service or a telecommunications service that is provided as part of a telecommunications subscription.

AB1-ASA1-AA1, s. 263w Section 263w. 100.207 (5g) of the statutes is created to read:

AB1-ASA1-AA1,146,21 100.207 (5g) Restrictions on contracts. No telecommunications provider may place in a contract entered into with a customer located in this state a clause that provides that a law of a state other than this state applies to the parties or terms of the contract or the rights and remedies under the contract, unless the law of the other state is in conformity with the law of this state.

AB1-ASA1-AA1, s. 263y Section 263y. 100.207 (5m) of the statutes is created to read:

AB1-ASA1-AA1,147,2 100.207 (5m) Record requirements. Any person who provides telecommunications service to any customer in this state shall maintain each billing and collection record that is made in providing the telecommunications service for a period of 5 years beginning on the date that the record is made.".

AB1-ASA1-AA1,147,3 194. Page 156, line 9: after that line insert:

AB1-ASA1-AA1,147,5 " Section 267m. 101.01 (11) of the statutes, as affected by 2001 Wisconsin Act 16, section 2446rb, is amended to read:

AB1-ASA1-AA1,147,23 101.01 (11) "Place of employment" includes every place, whether indoors or out or underground and the premises appurtenant thereto where either temporarily or permanently any industry, trade, or business is carried on, or where any process or operation, directly or indirectly related to any industry, trade, or business, is carried on, and where any person is, directly or indirectly, employed by another for direct or indirect gain or profit, but does not include any place where persons are employed in private domestic service which does not involve the use of mechanical power or in farming. "Farming" includes those activities specified in s. 102.04 (3), and also includes; the transportation of farm products, supplies, or equipment directly to the farm by the operator of the farm or employees for use thereon, if such activities are directly or indirectly for the purpose of producing commodities for market, or as an accessory to such production; and the operation of a horse boarding facility or horse training facility that does not contain an area for the public to view a horse show. When used with relation to building codes, "place of employment" does not include an adult family home, as defined in s. 50.01 (1), or, except for the purposes of s. 101.11, a previously constructed building used as a community-based residential facility, as defined in s. 50.01 (1g), which serves 20 or fewer residents who are not related to the operator or administrator.

AB1-ASA1-AA1, s. 267q Section 267q. 101.01 (12) of the statutes, as affected by 2001 Wisconsin Act 16, section 2447db, is amended to read:

AB1-ASA1-AA1,148,11 101.01 (12) "Public building" means any structure, including exterior parts of such building, such as a porch, exterior platform, or steps providing means of ingress or egress, used in whole or in part as a place of resort, assemblage, lodging, trade, traffic, occupancy, or use by the public or by 3 or more tenants. When used in relation to building codes, "public building" does not include a horse boarding facility or horse training facility that does not contain an area for the public to view a horse show or a previously constructed building used as a community-based residential facility as defined in s. 50.01 (1g) which serves 20 or fewer residents who are not related to the operator or administrator or an adult family home, as defined in s. 50.01 (1).".

AB1-ASA1-AA1,148,12 195. Page 156, line 9: after that line insert:

AB1-ASA1-AA1,148,13 " Section 267n. 100.263 of the statutes is amended to read:

AB1-ASA1-AA1,148,24 100.263 Recovery. In addition to other remedies available under this chapter, the court may award the department the reasonable and necessary costs of investigation and an amount reasonably necessary to remedy the harmful effects of the violation and the court may award the department of justice the reasonable and necessary expenses of prosecution, including attorney fees, from any person who violates this chapter. The department and the department of justice shall deposit in the state treasury for deposit in the general fund all moneys that the court awards to the department, the department of justice or the state under this section. Ten percent of the money deposited in the general fund that was awarded under this section for the costs of investigation and the expenses of prosecution, including attorney fees, shall be credited to the appropriation account under s. 20.455 (1) (gh).".

AB1-ASA1-AA1,149,1 196. Page 156, line 20: after that line insert:

AB1-ASA1-AA1,149,2 " Section 269r. 101.563 of the statutes is created to read:

AB1-ASA1-AA1,149,11 101.563 Payments without regard to eligibility; calendar years 2000 to 2004. (1) Entitlement to dues. (a) Payments from calendar year 2000 dues. Notwithstanding ss. 101.573 (3) (a) and 101.575 (1) and (3) to (5), the department shall pay the amount determined under sub. (2) (a) to every city, village, and town that was ineligible to receive a proportionate share of fire department dues collected for calendar year 2000 as a result of that city, village, or town failing to satisfy all eligibility requirements under s. 101.575 (1) and (3) to (5) or to demonstrate to the department that the city, village, or town was eligible under s. 101.575 (1) and (3) to (5) to receive a proportionate share of the fire department dues.