SB44: Bill Text

SB44, s. 1735 Section 1735. 93.18 (3) of the statutes is amended to read:

SB44,757,3 93.18 (3) The department of justice, after acting pursuant to s. 100.37 or 100.41 to 100.43 to order the sale or distribution of any substance, article, furnishing, fabric, product or related material ceased, shall give written notice of its finding to the manufacturer, seller or other person responsible for placing the item in the channels of trade in this state. After such notice no person may sell, remove or otherwise dispose of such item except as directed by the department of justice. Any person affected by such notice may demand a prompt hearing to determine the validity of the department's findings of the department of justice. The hearing, if requested, shall be held as expeditiously as possible but not later than 30 days after notice. A request for hearing does not operate to stay enforcement of the order during the pendency of the hearing. The person petitioning for a hearing shall be entitled to the same rights specified under sub. (2).

SB44, s. 1736 Section 1736. 93.18 (7) of the statutes is created to read:

SB44,757,7 93.18 (7) The department of justice shall follow the procedures under subs. (1), (2), (4), (5), and (6) in enforcing the provisions of ch. 100 that are administered by the department of justice.

SB44, s. 1737 Section 1737. 93.20 (1) of the statutes is amended to read:

SB44,757,12 93.20 (1) Definition. In this section, "action" means an action that is commenced in court by, or on behalf of, the department of agriculture, trade and consumer protection to enforce chs. 88, 91 to 100 or 126 or an action that is commenced in court by the department of justice to enforce ch. 100.

SB44, s. 1738 Section 1738. 93.22 (1) of the statutes is amended to read:

SB44,757,15 93.22 (1) In cases arising under chs. 88 and 93 to 100 99 and ss. 100.206, 100.21, 100.30, and 100.51, the department may be represented by its attorney.

SB44, s. 1739 Section 1739. 93.22 (2) of the statutes is amended to read:

SB44,757,20 93.22 (2) The department may, with the approval of the governor, appoint special counsel to prosecute or assist in the prosecution of any case arising under chs. 88 and 93 to 100 99 and ss. 100.206, 100.21, 100.30, and 100.51. The cost of such special counsel shall be charged to the appropriation for the department.

SB44, s. 1740 Section 1740. 93.31 of the statutes is amended to read:

SB44,758,15 93.31 Livestock breeders association. The secretary of the Wisconsin livestock breeders association shall on and after July 1 of each year make a report to the department, signed by the president, treasurer, and secretary of the association, setting forth in detail the receipts and disbursements of the association for the preceding fiscal year in such form and detail together with such other information as the department may require. On receipt of such reports, if the department is satisfied that the business of the association has been efficiently conducted during the preceding fiscal year and in the interest of and for the promotion of the special agricultural interests of the state and for the purpose for which the association was organized and if the final statement shows that all the receipts together with the state aid have been accounted for and disbursed for the proper and necessary purposes of the association, and in accordance with the laws of the state, then the department shall file a certificate with the department secretary of administration and it shall draw its warrant and the state treasurer he or she shall pay to the treasurer of the association the amount of the appropriations made available for the association by s. 20.115 (4) (a) for the conduct of junior livestock shows and other livestock educational programs. The association may upon application to the state purchasing agent, upon such terms as he or she may require, obtain printing for the association under the state contract.

SB44, s. 1741 Section 1741. 93.55 (2) of the statutes is amended to read:

SB44,758,24 93.55 (2) Collection grants. The department may award a grant to a county for a chemical and container collection program. A grant under this subsection shall fund all or a part of the cost of a program. Costs eligible for funding include the cost of establishing a collection site for chemicals and chemical containers, the cost of transporting chemical containers to a dealer or distributor for refill and reuse or to a hazardous waste facility, as defined in s. 291.01 (8), and costs associated with the proper use and handling and disposal or recycling of chemicals and chemical containers. Grants shall be paid from the appropriation under s. 20.115 (7) (v) (va).

SB44, s. 1742 Section 1742. 93.70 of the statutes is renumbered 93.70 (1).

SB44, s. 1743 Section 1743. 93.70 (2) of the statutes is created to read:

SB44,759,6 93.70 (2) The department may not make a payment under sub. (1) to a person whose name appears on the statewide support lien docket under s. 49.854 (2) (b), unless the person provides to the department a payment agreement that has been approved by the county child support agency under s. 59.53 (5) and that is consistent with rules promulgated under s. 49.858 (2) (a).

SB44, s. 1744 Section 1744. 94.64 (4) (a) 1. of the statutes is amended to read:

SB44,759,11 94.64 (4) (a) 1. A basic fee of 23 30 cents per ton for fertilizer sold or distributed beginning on October 29, 1999, and ending on June 30, 2001 before July 1, 2003, and 30 45 cents per ton for fertilizer sold or distributed after June 30, 2001 2003, with a minimum fee of $25.

SB44, s. 1745 Section 1745. 94.64 (4) (a) 5. of the statutes is amended to read:

SB44,759,15 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).

SB44, s. 1746 Section 1746. 94.681 (1) (cm) of the statutes is created to read:

SB44,759,18 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.

SB44, s. 1747 Section 1747. 94.681 (2) of the statutes is repealed and recreated to read:

SB44,760,2 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:

SB44,760,3 (a) For each household pesticide product:

SB44,760,5 1. If the applicant sells less than $25,000 of the product during the payment period for use in this state, $265.

SB44,760,7 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.

SB44,760,9 3. If the applicant sells at least $75,000 of the product during the payment period for use in this state, $1,500.

SB44,760,10 (b) For each industrial pesticide product:

SB44,760,12 1. If the applicant sells less than $25,000 of the product during the payment period for use in this state, $315.

SB44,760,14 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.

SB44,760,16 3. If the applicant sells at least $75,000 of that product during the payment period for use in this state, $3,060.

SB44,760,17 (c) For each nonhousehold pesticide product:

SB44,760,19 1. If the applicant sells less than $25,000 of that product during the payment period for use in this state, $320.

SB44,760,21 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.

SB44,760,24 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.

SB44, s. 1748 Section 1748. 94.681 (3) of the statutes is amended to read:

SB44,761,10 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:

SB44,761,12 (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.

SB44,761,14 (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.

SB44,761,18 (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.

SB44, s. 1749 Section 1749. 94.681 (3m) of the statutes is amended to read:

SB44,762,5 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:

SB44,762,7 (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.

SB44,762,9 (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.

SB44,762,13 (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.

SB44, s. 1750 Section 1750. 94.681 (3s) of the statutes is created to read:

SB44,762,23 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.

SB44,763,3 (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:

SB44,763,5 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.

SB44,763,8 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.

SB44,763,10 3. If the amount due based on actual sales equals the amount paid based on estimated sales, no action is required.

SB44,763,14 (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).

SB44,763,18 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.

SB44, s. 1751 Section 1751. 94.72 (6) (a) 1. of the statutes is repealed.

SB44, s. 1752 Section 1752. 94.72 (6) (a) 2. of the statutes is amended to read:

SB44,763,22 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.

SB44, s. 1753 Section 1753. 94.72 (6) (a) 2m. of the statutes is created to read:

SB44,763,25 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.

SB44, s. 1754 Section 1754. 94.73 (6) (b) of the statutes is amended to read:

SB44,764,5 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.

SB44, s. 1755 Section 1755. 94.73 (6) (c) (intro.) of the statutes is amended to read:

SB44,764,10 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:

SB44, s. 1756 Section 1756. 94.73 (15) (a) of the statutes is amended to read:

SB44,764,19 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.

SB44, s. 1757 Section 1757. 97.24 (4) (a) of the statutes is amended to read:

SB44,765,13 97.24 (4) (a) Regulation of the production, processing and distribution of milk and fluid milk products under minimum sanitary requirements which are uniform throughout this state and the United States is essential for the protection of consumers and the economic well-being of the dairy industry, and is therefore a matter of statewide concern; however, nothing in this section shall impair or abridge the power of any municipality or county to regulate milk or fluid milk products under sanitary requirements and standards which are in reasonable accord with those established under this section or the power to impose reasonable license permit and inspection fees which combined shall not exceed the cost of necessary inspection. A municipality or county may not impose any fee for its inspection of milk producers, dairy plant facilities or dairy products which are under the inspection supervision of another governmental unit within or without the state with a valid certification rating made or approved by the department of health and family services. No governmental unit may impose or collect a fee directly from the producer. A license or permit fee not to exceed $25 annually may be imposed on milk distributors licensed under s. 97.22 and on dairy plants under the inspection supervision of another governmental unit which are engaged in the distribution of milk within a municipality or county.

SB44, s. 1758 Section 1758. 97.24 (4) (b) of the statutes is amended to read:

SB44,765,22 97.24 (4) (b) No sanitary requirement or standard established under this section or contained in any ordinance may prohibit the sale of milk or fluid milk products which are produced and processed under laws or rules of any governmental unit, within or without this state, which are substantially equivalent to the requirements of the rules promulgated under this section, and which are enforced with equal effectiveness, as determined by a milk sanitation rating made or approved by the department of health and family services, under rules promulgated under this section.

SB44, s. 1759 Section 1759. 100.07 (6) of the statutes is amended to read:

SB44,766,2 100.07 (6) Action Upon request of the department of agriculture, trade, and rural resources, an action to enjoin violation of this section may be commenced and prosecuted by the department of justice in the name of the state in any court having equity jurisdiction.

SB44, s. 1760 Section 1760. 100.171 (7) (b) of the statutes, as affected by 2001 Wisconsin Act 109, section 263, is amended to read:

SB44,766,8 100.171 (7) (b) Whoever intentionally violates this section is guilty of a Class I felony. A person intentionally violates this section if the violation occurs after the department of justice or a district attorney has notified the person by certified mail that the person is in violation of this section.

SB44, s. 1761 Section 1761. 100.171 (8) (intro.) of the statutes is amended to read:

SB44,766,12 100.171 (8) Enforcement. (intro.) The department of justice shall investigate violations of this section. The department of justice or any district attorney may on behalf of the state:

SB44, s. 1762 Section 1762. 100.173 (4) (intro.) of the statutes is amended to read:

SB44,766,16 100.173 (4) (intro.) The department of justice shall investigate violations of this section. The department of justice, or any district attorney upon informing the department of justice, may, on behalf of the state, do any of the following:

SB44, s. 1763 Section 1763. 100.173 (4) (a) of the statutes is amended to read:

SB44,766,24 100.173 (4) (a) Bring an action for temporary or permanent injunctive relief in any court of competent jurisdiction for any violation of this section. The relief sought by the department of justice or district attorney may include the payment by a promoter into an escrow account of an amount estimated to be sufficient to pay for ticket refunds. The court may, upon entry of final judgment, award restitution when appropriate to any person suffering loss because of violations of this section if proof of such loss is submitted to the satisfaction of the court.

SB44, s. 1764 Section 1764. 100.174 (5) (intro.) of the statutes is amended to read:

SB44,767,2 100.174 (5) (intro.) The department of justice or any district attorney may on behalf of the state:

SB44, s. 1765 Section 1765. 100.174 (6) of the statutes is amended to read:

SB44,767,5 100.174 (6) The department of justice shall investigate violations of and enforce this section.

SB44, s. 1766 Section 1766. 100.175 (5) (a) (intro.) of the statutes is amended to read:

SB44,767,12 100.175 (5) (a) (intro.) No person may collect or by contract require a buyer to pay more than $100 for dating services before the buyer receives or has the opportunity to receive those services unless the person selling dating services establishes proof of financial responsibility by maintaining any of the following commitments approved by the department of justice in an amount not less than $25,000:

SB44, s. 1767 Section 1767. 100.175 (5) (b) of the statutes is amended to read:

SB44,767,19 100.175 (5) (b) The commitment described in par. (a) shall be established in favor of or made payable to the state, for the benefit of any buyer who does not receive a refund under the contractual provision described in sub. (3). The person selling dating services shall file with the department of justice any agreement, instrument or other document necessary to enforce the commitment against the person selling dating services or any relevant 3rd party, or both.

SB44, s. 1768 Section 1768. 100.175 (7) (a) (intro.) of the statutes is amended to read: