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:
(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.
(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.
(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.
SECTION 11. 94.681 (3s) of the statutes is created to read:
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. 94.68 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.
(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:
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.
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.
3. If the amount due based on actual sales equals the amount paid based on estimated sales, no action is required.
(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).
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.
SECTION 12. 94.72 (6) (a) 1. of the statutes is repealed.
SECTION 13. 94.72 (6) (a) 2. of the statutes is amended to read:
94.72 (6) (a) 2. For commercial feeds distributed in this state on or after before January 1, 2002 2004, a feed inspection fee of 23 cents per ton.
SECTION 14. 94.72 (6) (a) 2m. of the statutes is created to read:
94.72 (6) (a) 2m. For commercial feeds distributed in this state after December 31, 2003, a feed inspection fee of 30 cents per ton.
SECTION 15. 94.73 (6) (b) of the statutes is amended to read:
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.
SECTION 16. 94.73 (6) (c) (intro.) of the statutes is amended to read:
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:
SECTION 17. 94.73 (15) (a) of the statutes is amended to read:
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, 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.
SECTION 9304. Initial applicability; agriculture, trade and consumer protection.
(1) AGRICULTURAL CHEMICAL CLEANUP PROGRAM REIMBURSEMENT. The treatment of section 94.73 (6) (b) and (c) (intro.) of the statutes first applies to costs incurred on the effective date of this subsection.
SECTION 9404. Effective dates; agriculture, trade and consumer protection.
(1) AGRICULTURAL CHEMICAL CLEANUP PROGRAM REIMBURSEMENT. The treatment of section 94.73 (6) (b) and (c) (intro.) of the statutes and SECTION 9304 (1) of this act take effect on January 1, 2004.
(2) PESTICIDE FEES AND SURCHARGES. The treatment of section 94.681 (1) (cm), (2), (3), (3m), and (3s) of the statutes takes effect on December 1, 2003.
(End)
LRB-0324LRB-0324/1
RPN:kmg:jf
2003 - 2004 LEGISLATURE
DOA:......Uecker - BB0079, Veterans home nurse stipend program
For 2003-05 Budget -- Not Ready For Introduction
2003 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
veterans and military affairs
This bill allows DVA to create a program to provide stipends to individuals to attend school and receive the necessary credentials to become employed at the Wisconsin Veterans Home at King, at the Southern Wisconsin Veterans Retirement Center, or at other veterans facilities. The bill requires DVA to promulgate rules for the stipend program if DVA decides to create that program.
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:
SECTION 1. 20.485 (1) (gk) of the statutes is amended to read:
20.485 (1) (gk) Institutional operations. The amounts in the schedule for the care of the Wisconsin Veterans Home at King, the Southern Wisconsin Veterans Retirement Center, and veterans facilities, and for the payment of stipends under s. 45.365 (7). All moneys received under par. (m) and s. 45.37 (9) (d) and (9d) shall be credited to this appropriation.
SECTION 2. 45.365 (7) of the statutes is created to read:
45.365 (7) The department may develop a program to provide stipends to individuals to attend school and receive the necessary credentials to become employed at the home or the southeastern facility. If the department does develop a stipend program under this subsection, the department shall promulgate administrative rules related to the program, including the application process, eligibility criteria, stipend amount, repayment provisions, and other provisions that the department determines are necessary to administer the program.
SECTION 9158. Nonstatutory provisions; veterans affairs.
(1) EDUCATIONAL STIPEND PROGRAM; RULES. If the department of veterans affairs develops a stipend program under section 45.365 (7) of the statutes, as created by this act, the department shall, using the procedure under section 227.24 of the statutes, promulgate the rule required under section 45.365 (7) of the statutes, as created by this act, for the period before the effective date of the permanent rule promulgated under section 45.365 (7) of the statutes, as created by this act, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.
(End)
LRB-0327LRB-0327/2
RAC:kjf&cmh:cph
2003 - 2004 LEGISLATURE
DOA:......Uecker - BB0085, Bonding authority for Department of Veterans Affairs
For 2003-05 Budget -- Not Ready For Introduction
2003 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
State Government
State finance
This bill increases the authorized bonding authority of DVA to fund, refund, or acquire public debt from $665,000,000 to $840,000,000.
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:
SECTION 1. 20.866 (2) (zo) of the statutes is amended to read:
20.866 (2) (zo) Veterans affairs; refunding bonds. From the funds and accounts under s. 18.04 (6) (b), a sum sufficient for the department of veterans affairs to fund, refund, or acquire the whole or any part of public debt as set forth in s. 18.04 (5). The building commission may contract public debt in an amount not to exceed $665,000,000 $840,000,000 for these purposes, exclusive of any amount issued to fund public debt contracted under par. (zn).
(End)
LRB-0332LRB-0332/3
MGD:kjf/jld/kmg:jf
2003 - 2004 LEGISLATURE
DOA:......Steinmetz - BB0086, Converting Prairie du Chien Correctional Institution into an adult prison
For 2003-05 Budget -- Not Ready For Introduction
2003 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
correctional system
Adult correctional system
Under current law, until July 1, 2003, DOC may operate the juvenile correctional facility at Prairie du Chien as a state prison for nonviolent offenders who are not more than 21 years of age. This bill permanently converts that facility into an adult prison and lifts all restrictions regarding the age and type of prisoner who may be confined there.
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:
SECTION 1. 20.410 (3) (hm) of the statutes is amended to read:
20.410 (3) (hm) Juvenile correctional services. Except as provided in pars. (ho) and (hr), the amounts in the schedule for juvenile correctional services specified in s. 301.26 (4) (c) and (d) and to operate the correctional institution authorized under 1997 Wisconsin Act 4, section 4 (1) (a). All moneys received from the sale of surplus property, including vehicles, from juvenile correctional institutions operated by the department, all moneys received as payments in restitution of property damaged at juvenile correctional institutions operated by the department, all moneys received from miscellaneous services provided at a juvenile correctional institution operated by the department, all moneys transferred under s. 301.26 (4) (cm), all moneys received under 1997 Wisconsin Act 27, section 9111 (2u) and, except as provided in par. (hr), all moneys received in payment for juvenile correctional services specified in s. 301.26 (4) (d), (dt), and (g) shall be credited to this appropriation account. If moneys generated by the daily rate under s. 301.26 (4) (d) exceed actual fiscal year institutional costs, other than the cost of operating the correctional institution authorized under 1997 Wisconsin Act 4, section 4 (1) (a), by 2% or more, all moneys in excess of that 2% shall be remitted to the counties during the subsequent calendar year or transferred to the appropriation account under par. (kx) during the subsequent fiscal year. Each county and the department shall receive a proportionate share of the remittance and transfer depending on the total number of days of placement at juvenile correctional institutions including the Mendota Juvenile Treatment Center. Counties shall use the funds for purposes specified in s. 301.26. The department shall deposit in the general fund the amounts transferred under this paragraph to the appropriation account under par. (kx).
SECTION 2. 302.01 (1) (d) of the statutes is amended to read:
302.01 (1) (d) The correctional institution at Prairie du Chien authorized under 1997 Wisconsin Act 4, section 4 (1) (a) s. 301.16 (1u).
SECTION 3. 1997 Wisconsin Act 4, section 4 (1) (title) is repealed.
SECTION 4. 1997 Wisconsin Act 4, section 4 (1) (a), as last affected by 2001 Wisconsin Act 16, section 4035, is renumbered 301.16 (1u) of the statutes and amended to read:
301.16 (1u) Notwithstanding 1995 Wisconsin Act 27, section 9126 (23) and (26v), the department of corrections may, from July 1, 1997, until July 1, 2003, shall operate the secured correctional facility, as defined in s. 938.02 (15m) of the statutes, authorized under 1995 Wisconsin Act 27, section 9126 (26v), as a state prison named in section 302.01 of the statutes, as affected by this act, for the placement of prisoners, as defined in section 301.01 (2) of the statutes, who are not more than 21 years of age and who are not violent offenders, as determined by the department of corrections.
SECTION 5. 1997 Wisconsin Act 4, section 4 (1) (b) is repealed.
SECTION 6. 1997 Wisconsin Act 27, section 9111 (2u) is repealed.
(End)
LRB-0335LRB-0335/P1
MGD:kjf&cmh:pg
2003 - 2004 LEGISLATURE
DOA:......Steinmetz - BB0092, Law applicable to prisoners confined in other states
For 2003-05 Budget -- Not Ready For Introduction
2003 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
correctional system
Adult correctional system
