LRB-4442/1
RCT:hmh:rs
2001 - 2002 LEGISLATURE
February 12, 2002 - Introduced by Representatives Ott, Olsen, Hines, Petrowski,
Vrakas, Sykora, Gunderson and Miller, cosponsored by Senators Hansen
and Schultz. Referred to Committee on Agriculture.
AB800,1,10
1An Act to repeal 94.681 (7) (a) 2. and 94.72 (6) (a) 1.;
to consolidate, renumber
2and amend 94.681 (7) (a) (intro.) and 1.;
to amend 25.46 (4), 25.465 (8), 94.64
3(3m) (b) (intro.), 94.64 (4) (a) 1., 94.64 (4) (a) 5., 94.681 (3), 94.681 (3m), 94.72
4(6) (a) 2., 94.73 (6) (b), 94.73 (6) (c) (intro.) and 94.73 (15) (a);
to repeal and
5recreate 94.681 (2); and
to create 94.681 (1) (cm), 94.681 (3s) and 94.72 (6) (a)
62m. of the statutes;
relating to: fees and surcharges related to pesticides,
7fertilizer, and feed, reimbursement under the agricultural chemical cleanup
8program, transfers from the agrichemical management fund to the
9environmental fund, and the required balance in the agricultural chemical
10cleanup fund.
Analysis by the Legislative Reference Bureau
Current law requires a person who sells nonagricultural or special-use
fertilizer with low percentages of nitrogen, phosphate, and potash to obtain a permit
from DATCP. The fee for this permit is currently $25. This bill increases the fee to
$100.
Current law generally requires a person who manufactures or distributes
fertilizer in this state to obtain an annual license from DATCP. A person who is
required to be licensed must pay several fees and surcharges to DATCP, including
a basic fee of 30 cents per ton of fertilizer sold or distributed or $25, whichever is
greater. This bill increases the basic fee to 45 cents per ton for fertilizer sold or
distributed after June 30, 2006, but does not change the $25 minimum fee.
Currently, a person who is licensed to manufacture or distribute fertilizer must
also pay an agricultural chemical cleanup surcharge of 38 cents per ton of fertilizer
sold or distributed, unless DATCP establishes a lower surcharge by rule. DATCP
rules specify a surcharge of 38 cents per ton. This bill increases the maximum
agricultural chemical cleanup surcharge by 50 cents per ton.
Current law generally requires a person who manufactures or distributes
animal feed to obtain an annual license from DATCP. A person who is required to
be licensed must pay a feed inspection fee of 23 cents per ton. This bill increases the
annual feed inspection fee for feed sold after January 1, 2003, to 28 cents per ton or
$30, whichever is greater.
Under the agricultural chemical cleanup program, DATCP pays a portion of the
costs of cleaning up spills of agricultural chemicals. Currently, the payment equals
80% of eligible costs that exceed a deductible and are less than a specified maximum.
This bill reduces the reimbursement rate under the agricultural chemical cleanup
program from 80% to 75%.
Current law generally requires a person who manufactures or labels pesticides
for sale in this state to obtain an annual license from DATCP. The license year begins
on January 1. A person who is required to be licensed must pay a number of fees and
surcharges when the person applies for a license. The fees and surcharges are based
on sales during the 12 months ending on September 30 of the year preceding the year
for which a license is sought.
Under this bill, the fees and surcharges paid by an applicant for a pesticide
manufacturer or labeler license are based on sales during the 12 month period that
ends on September 30 of the license year. When the person applies for a license, the
person pays the fees and surcharges based on estimated sales during that payment
period. At the end of the license year, the person pays any balance due based on
actual sales or may request a refund from DATCP for any overpayment. If the person
estimated that sales would be less than 90% of sales during the preceding year and
the person's payment due at the end of the year is more than 20% of the payment
made based on estimated sales, the person is also required to pay a penalty for
underestimating.
Under current law, pesticide manufacturer or labeler license fees are deposited
into the agrichemical management fund except that $94 for each pesticide for which
a licensee pays a fee is deposited into the environmental fund and an additional $30
for each household pesticide for which a licensee pays a fee is deposited into the
environmental fund. Under this bill, all of the license fees are deposited into the
agrichemical management fund except that $60 for each household or industrial
pesticide for which a licensee pays a fee is deposited into the environmental fund.
Current law authorizes DATCP to reduce surcharges that are deposited into
the agricultural chemical cleanup fund below the amounts specified in the statutes.
The law also requires DATCP to adjust the surcharge amounts as necessary to
maintain a balance in the fund at the end of each fiscal year of at least $2,000,000
but not more than $5,000,000. This bill eliminates the minimum required fiscal
year-end balance for the agricultural chemical cleanup fund and reduces the
maximum balance to $3,000,000.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB800, s. 1
1Section
1. 25.46 (4) of the statutes is amended to read:
AB800,3,32
25.46
(4) The moneys specified under s. 94.681 (7) (a)
1. and 2. for
3environmental management.
AB800, s. 2
4Section
2. 25.465 (8) of the statutes is amended to read:
AB800,3,65
25.465
(8) The fees collected under s. 94.72 (5) (b) and (6) (a)
1. and 2.
and 2m. 6and (i).
AB800, s. 3
7Section
3. 94.64 (3m) (b) (intro.) of the statutes is amended to read:
AB800,3,118
94.64
(3m) (b) (intro.) An application for a permit under par. (a) 2. shall be on
9a form prescribed by the department and shall be accompanied by a proposed product
10label and a nonrefundable fee of
$25 $100. The department may require that the
11applicant substantiate, by scientific evidence:
AB800, s. 4
12Section
4. 94.64 (4) (a) 1. of the statutes is amended to read:
AB800,3,1613
94.64
(4) (a) 1. A basic fee of
23
30 cents per ton for fertilizer sold or distributed
14beginning on
October 29, 1999 July 1, 2001, and ending on June 30,
2001 2006, and
1530 45 cents per ton for fertilizer sold or distributed after June 30,
2001 2006, with
16a minimum fee of $25.
AB800, s. 5
17Section
5. 94.64 (4) (a) 5. of the statutes is amended to read:
AB800,4,3
194.64
(4) (a) 5. An agricultural chemical cleanup surcharge of
38 88 cents per
2ton on all fertilizer that the person sells or distributes in this state
after June 30,
31999, unless the department establishes a lower surcharge under s. 94.73 (15).
AB800, s. 6
4Section
6. 94.681 (1) (cm) of the statutes is created to read:
AB800,4,65
94.681
(1) (cm) "Payment period" means the 12 months ending on September
630 of the calendar year for which a license is sought under s. 94.68.
AB800, s. 7
7Section
7. 94.681 (2) of the statutes is repealed and recreated to read:
AB800,4,148
94.681
(2) Annual license fee. An applicant for a license under s. 94.68 shall
9pay an annual license fee for each pesticide product that the applicant sells or
10distributes for use in this state. The amount of the fee is based on sales of pesticide
11products during the payment period. An applicant shall pay an estimated fee before
12the start of each license year as provided in sub. (3s) (a) and shall make a fee
13adjustment payment before the end of the license year if required under sub. (3s) (b).
14Except as provided in sub. (5) or (6), the fee for each pesticide product is as follows:
AB800,4,1515
(a) For each household pesticide product:
AB800,4,1716
1. If the applicant sells less than $25,000 of the product during the payment
17period for use in this state, $265.
AB800,4,1918
2. If the applicant sells at least $25,000 but less than $75,000 of the product
19during the payment period for use in this state, $750.
AB800,4,2120
3. If the applicant sells at least $75,000 of the product during the payment
21period for use in this state, $1,500.
AB800,4,2222
(b) For each industrial pesticide product:
AB800,4,2423
1. If the applicant sells less than $25,000 of the product during the payment
24period for use in this state, $315.
AB800,5,2
12. If the applicant sells at least $25,000 but less than $75,000 of the product
2during the payment period for use in this state, $860.
AB800,5,43
3. If the applicant sells at least $75,000 of that product during the payment
4period for use in this state, $3,060.
AB800,5,55
(c) For each nonhousehold pesticide product:
AB800,5,76
1. If the applicant sells less than $25,000 of that product during the payment
7period for use in this state, $320.
AB800,5,98
2. If the applicant sells at least $25,000 but less than $75,000 of the product
9during the payment period for use in this state, $890.
AB800,5,1210
3. If the applicant sells at least $75,000 of the product during the payment
11period for use in this state, $3,060 plus 0.2% of the gross revenues from sales of the
12product during the payment period for use in this state.
AB800, s. 8
13Section
8. 94.681 (3) of the statutes is amended to read:
AB800,5,2314
94.681
(3) Nonhousehold pesticides; cleanup surcharge. Except for the
15license years that begin on January 1, 1999, and January 1, 2000, an An applicant
16for a license under s. 94.68 shall pay an agricultural chemical cleanup surcharge for
17each nonhousehold pesticide product that the applicant sells or distributes for use
18in this state.
The amount of the surcharge is based on sales of nonhousehold
19pesticide products during the payment period. An applicant shall pay an estimated
20surcharge before the start of each license year as provided in sub. (3s) (a) and shall
21make a surcharge adjustment payment before the end of the license year if required
22by sub. (3s) (b). Except as provided in sub. (6) or under s. 94.73 (15), the amount of
23the surcharge is as follows:
AB800,5,2524
(a) If the applicant
sold sells less than $25,000 of the product during the
25preceding year payment period for use in this state, $5.
AB800,6,2
1(b) If the applicant
sold sells at least $25,000 but less than $75,000 of that
2product during the
preceding year payment period for use in this state, $170.
AB800,6,63
(c) If the applicant
sold sells at least $75,000 of that product during the
4preceding year payment period for use in this state, an amount equal to 1.1% of gross
5revenues from sales of the product during the
preceding year payment period for use
6in this state.
AB800, s. 9
7Section
9. 94.681 (3m) of the statutes is amended to read:
AB800,6,188
94.681
(3m) Wood preservatives; cleanup surcharge. An applicant for a
9license under s. 94.68 shall pay an environmental cleanup surcharge for each
10pesticide product that is not a household pesticide and is solely labeled for use on
11wood and contains pentachlorophenol or coal tar creosote that the applicant sells or
12distributes in this state.
The amount of the surcharge is based on sales of pesticide
13products that are not household pesticides and are solely labeled for use on wood and
14contain pentachlorophenol or coal tar creosote during the payment period. An
15applicant shall pay an estimated surcharge before the start of each license year as
16provided in sub. (3s) (a) and shall make a surcharge adjustment payment before the
17end of the license year if required by sub. (3s) (b). Except as provided in sub. (6), the
18amount of the surcharge is as follows:
AB800,6,2019
(a) If the applicant
sold sells less than $25,000 of the product during the
20preceding year payment period for use in this state, $5.
AB800,6,2221
(b) If the applicant
sold sells at least $25,000 but less than $75,000 of that
22product during the
preceding year payment period for use in this state, $170.
AB800,7,223
(c) If the applicant
sold sells at least $75,000 of that product during the
24preceding year payment period for use in this state, an amount equal to 1.1% of gross
1revenues from sales of the product during the
preceding year payment period for use
2in this state.
AB800, s. 10
3Section
10. 94.681 (3s) of the statutes is created to read: