SB44,757,317
93.18
(3) The department
of justice, after acting pursuant to s. 100.37 or 100.41
18to 100.43 to order the sale or distribution of any substance, article, furnishing, fabric,
19product or related material ceased, shall give written notice of its finding to the
20manufacturer, seller or other person responsible for placing the item in the channels
21of trade in this state. After such notice no person may sell, remove or otherwise
22dispose of such item except as directed by the department
of justice. Any person
23affected by such notice may demand a prompt hearing to determine the validity of
24the
department's findings
of the department of justice. The hearing, if requested,
25shall be held as expeditiously as possible but not later than 30 days after notice. A
1request for hearing does not operate to stay enforcement of the order during the
2pendency of the hearing. The person petitioning for a hearing shall be entitled to the
3same rights specified under sub. (2).
SB44, s. 1736
4Section
1736. 93.18 (7) of the statutes is created to read:
SB44,757,75
93.18
(7) The department of justice shall follow the procedures under subs. (1),
6(2), (4), (5), and (6) in enforcing the provisions of ch. 100 that are administered by the
7department of justice.
SB44, s. 1737
8Section
1737. 93.20 (1) of the statutes is amended to read:
SB44,757,129
93.20
(1) Definition. In this section, "action" means an action that is
10commenced in court by, or on behalf of, the department of agriculture, trade and
11consumer protection to enforce chs. 88, 91 to 100 or 126
or an action that is
12commenced in court by the department of justice to enforce ch. 100.
SB44, s. 1738
13Section
1738. 93.22 (1) of the statutes is amended to read:
SB44,757,1514
93.22
(1) In cases arising under chs. 88 and 93 to
100 99 and ss. 100.206, 100.21,
15100.30, and 100.51, the department may be represented by its attorney.
SB44, s. 1739
16Section
1739. 93.22 (2) of the statutes is amended to read:
SB44,757,2017
93.22
(2) The department may, with the approval of the governor, appoint
18special counsel to prosecute or assist in the prosecution of any case arising under chs.
1988 and 93 to
100 99 and ss. 100.206, 100.21, 100.30, and 100.51. The cost of such
20special counsel shall be charged to the appropriation for the department.
SB44, s. 1740
21Section
1740. 93.31 of the statutes is amended to read:
SB44,758,15
2293.31 Livestock breeders association. The secretary of the Wisconsin
23livestock breeders association shall on and after July 1 of each year make a report
24to the department, signed by the president, treasurer
, and secretary of the
25association, setting forth in detail the receipts and disbursements of the association
1for the preceding fiscal year in such form and detail together with such other
2information as the department may require. On receipt of such reports, if the
3department is satisfied that the business of the association has been efficiently
4conducted during the preceding fiscal year and in the interest of and for the
5promotion of the special agricultural interests of the state and for the purpose for
6which the association was organized and if the final statement shows that all the
7receipts together with the state aid have been accounted for and disbursed for the
8proper and necessary purposes of the association, and in accordance with the laws
9of the state, then the department shall file a certificate with the
department 10secretary of administration and
it shall draw its warrant and the state treasurer he
11or she shall pay to the treasurer of the association the amount of the appropriations
12made available for the association by s. 20.115 (4) (a) for the conduct of junior
13livestock shows and other livestock educational programs. The association may
14upon application to the state purchasing agent, upon such terms as he or she may
15require, obtain printing for the association under the state contract.
SB44, s. 1741
16Section
1741. 93.55 (2) of the statutes is amended to read:
SB44,758,2417
93.55
(2) Collection grants. The department may award a grant to a county
18for a chemical and container collection program. A grant under this subsection shall
19fund all or a part of the cost of a program. Costs eligible for funding include the cost
20of establishing a collection site for chemicals and chemical containers, the cost of
21transporting chemical containers to a dealer or distributor for refill and reuse or to
22a hazardous waste facility, as defined in s. 291.01 (8), and costs associated with the
23proper use and handling and disposal or recycling of chemicals and chemical
24containers. Grants shall be paid from the appropriation under s. 20.115 (7)
(v) (va).
SB44, s. 1742
25Section
1742. 93.70 of the statutes is renumbered 93.70 (1).
SB44, s. 1743
1Section
1743. 93.70 (2) of the statutes is created to read:
SB44,759,62
93.70
(2) The department may not make a payment under sub. (1) to a person
3whose name appears on the statewide support lien docket under s. 49.854 (2) (b),
4unless the person provides to the department a payment agreement that has been
5approved by the county child support agency under s. 59.53 (5) and that is consistent
6with rules promulgated under s. 49.858 (2) (a).
SB44, s. 1744
7Section
1744. 94.64 (4) (a) 1. of the statutes is amended to read:
SB44,759,118
94.64
(4) (a) 1. A basic fee of
23
30 cents per ton for fertilizer sold or distributed
9beginning on October 29, 1999, and ending on June 30, 2001 before July 1, 2003, and
1030 45 cents per ton for fertilizer sold or distributed after June 30,
2001 2003, with
11a minimum fee of $25.
SB44, s. 1745
12Section
1745. 94.64 (4) (a) 5. of the statutes is amended to read:
SB44,759,1513
94.64
(4) (a) 5. An agricultural chemical cleanup surcharge of
38 88 cents per
14ton on all fertilizer that the person sells or distributes in this state
after June 30,
151999, unless the department establishes a lower surcharge under s. 94.73 (15).
SB44, s. 1746
16Section
1746. 94.681 (1) (cm) of the statutes is created to read:
SB44,759,1817
94.681
(1) (cm) "Payment period" means the 12 months ending on September
1830 of the calendar year for which a license is sought under s. 94.68.
SB44, s. 1747
19Section
1747. 94.681 (2) of the statutes is repealed and recreated to read:
SB44,760,220
94.681
(2) Annual license fee. An applicant for a license under s. 94.68 shall
21pay an annual license fee for each pesticide product that the applicant sells or
22distributes for use in this state. The amount of the fee is based on sales of pesticide
23products during the payment period. An applicant shall pay an estimated fee before
24the start of each license year as provided in sub. (3s) (a) and shall make a fee
1adjustment payment before the end of the license year if required under sub. (3s) (b).
2Except as provided in sub. (5) or (6), the fee for each pesticide product is as follows:
SB44,760,33
(a) For each household pesticide product:
SB44,760,54
1. If the applicant sells less than $25,000 of the product during the payment
5period for use in this state, $265.
SB44,760,76
2. If the applicant sells at least $25,000 but less than $75,000 of the product
7during the payment period for use in this state, $750.
SB44,760,98
3. If the applicant sells at least $75,000 of the product during the payment
9period for use in this state, $1,500.
SB44,760,1010
(b) For each industrial pesticide product:
SB44,760,1211
1. If the applicant sells less than $25,000 of the product during the payment
12period for use in this state, $315.
SB44,760,1413
2. If the applicant sells at least $25,000 but less than $75,000 of the product
14during the payment period for use in this state, $860.
SB44,760,1615
3. If the applicant sells at least $75,000 of that product during the payment
16period for use in this state, $3,060.
SB44,760,1717
(c) For each nonhousehold pesticide product:
SB44,760,1918
1. If the applicant sells less than $25,000 of that product during the payment
19period for use in this state, $320.
SB44,760,2120
2. If the applicant sells at least $25,000 but less than $75,000 of the product
21during the payment period for use in this state, $890.
SB44,760,2422
3. If the applicant sells at least $75,000 of the product during the payment
23period for use in this state, $3,060 plus 0.2% of the gross revenues from sales of the
24product during the payment period for use in this state.
SB44, s. 1748
25Section
1748. 94.681 (3) of the statutes is amended to read:
SB44,761,10
194.681
(3) Nonhousehold pesticides; cleanup surcharge. Except for the
2license years that begin on January 1, 1999, and January 1, 2000, an An applicant
3for a license under s. 94.68 shall pay an agricultural chemical cleanup surcharge for
4each nonhousehold pesticide product that the applicant sells or distributes for use
5in this state.
The amount of the surcharge is based on sales of nonhousehold
6pesticide products during the payment period. An applicant shall pay an estimated
7surcharge before the start of each license year as provided in sub. (3s) (a) and shall
8make a surcharge adjustment payment before the end of the license year if required
9by sub. (3s) (b). Except as provided in sub. (6) or under s. 94.73 (15), the amount of
10the surcharge is as follows:
SB44,761,1211
(a) If the applicant
sold sells less than $25,000 of the product during the
12preceding year payment period for use in this state, $5.
SB44,761,1413
(b) If the applicant
sold sells at least $25,000 but less than $75,000 of that
14product during the
preceding year payment period for use in this state, $170.
SB44,761,1815
(c) If the applicant
sold sells at least $75,000 of that product during the
16preceding year payment period for use in this state, an amount equal to 1.1% of gross
17revenues from sales of the product during the
preceding year payment period for use
18in this state.
SB44, s. 1749
19Section
1749. 94.681 (3m) of the statutes is amended to read:
SB44,762,520
94.681
(3m) Wood preservatives; cleanup surcharge. An applicant for a
21license under s. 94.68 shall pay an environmental cleanup surcharge for each
22pesticide product that is not a household pesticide and is solely labeled for use on
23wood and contains pentachlorophenol or coal tar creosote that the applicant sells or
24distributes in this state.
The amount of the surcharge is based on sales of pesticide
25products that are not household pesticides and are solely labeled for use on wood and
1contain pentachlorophenol or coal tar creosote during the payment period. An
2applicant shall pay an estimated surcharge before the start of each license year as
3provided in sub. (3s) (a) and shall make a surcharge adjustment payment before the
4end of the license year if required by sub. (3s) (b). Except as provided in sub. (6), the
5amount of the surcharge is as follows:
SB44,762,76
(a) If the applicant
sold sells less than $25,000 of the product during the
7preceding year payment period for use in this state, $5.
SB44,762,98
(b) If the applicant
sold sells at least $25,000 but less than $75,000 of that
9product during the
preceding year payment period for use in this state, $170.
SB44,762,1310
(c) If the applicant
sold sells at least $75,000 of that product during the
11preceding year payment period for use in this state, an amount equal to 1.1% of gross
12revenues from sales of the product during the
preceding year payment period for use
13in this state.
SB44, s. 1750
14Section
1750. 94.681 (3s) of the statutes is created to read:
SB44,762,2315
94.681
(3s) Payment of fees and surcharges. (a) Before the start of a license
16year, an applicant shall estimate the gross revenues that the applicant will receive
17from sales of each pesticide product during the payment period that ends during the
18year for which a license is sought under s. 94.68 and shall pay the amounts under
19subs. (2), (3), and (3m) based on that estimate. At least 15 days before beginning to
20sell a new pesticide product in this state, a licensee shall estimate the gross revenues
21that the applicant will receive from sales of that pesticide product during the
22payment period in which the licensee begins to sell the pesticide product and shall
23pay the amounts under subs. (2), (3), and (3m) based on that estimate.
SB44,763,324
(b) Before the end of a license year, a licensee shall report to the department
25the gross revenues that the licensee received from sales of each pesticide product
1during the payment period that ended during the license year, as required under s.
294.68 (2) (a) 2., and shall reconcile the estimated payment made under par. (a) with
3the amounts actually due under subs. (2), (3), and (3m) as follows:
SB44,763,54
1. If the amount due based on actual sales is greater than the amount paid
5based on estimated sales, the licensee shall pay the additional amount due.
SB44,763,86
2. If the amount due based on actual sales is less than the amount paid based
7on estimated sales, the licensee may request the department to reimburse the
8licensee for the amount of the overpayment.
SB44,763,109
3. If the amount due based on actual sales equals the amount paid based on
10estimated sales, no action is required.
SB44,763,1411
(c) 1. Except as provided in subd. 2., if a licensee's total payment due under par.
12(b) is more than 20% of the total amount paid under par. (a), the licensee shall pay
13a penalty equal to 20% of the total amount due under par. (b). The penalty under this
14subdivision is in addition to any late filing fee under s. 93.21 (5).
SB44,763,1815
2. Subdivision 1. does not apply to a licensee if the licensee's payments under
16par. (a) are based on estimates of gross revenues from sales for each pesticide product
17that equal at least 90% of the licensee's gross revenues from sales of the pesticide
18product during the preceding year.
SB44, s. 1751
19Section
1751. 94.72 (6) (a) 1. of the statutes is repealed.
SB44, s. 1752
20Section
1752. 94.72 (6) (a) 2. of the statutes is amended to read:
SB44,763,2221
94.72
(6) (a) 2. For commercial feeds distributed in this state
on or after before 22January 1,
2002 2004, a feed inspection fee of 23 cents per ton.
SB44, s. 1753
23Section
1753. 94.72 (6) (a) 2m. of the statutes is created to read:
SB44,763,2524
94.72
(6) (a) 2m. For commercial feeds distributed in this state after December
2531, 2003, a feed inspection fee of 30 cents per ton.
SB44, s. 1754
1Section
1754. 94.73 (6) (b) of the statutes is amended to read:
SB44,764,52
94.73
(6) (b) Except as provided in pars. (c) and (e), the department shall
3reimburse a responsible person an amount equal to
80%
75% of the corrective action
4costs incurred for each discharge site that are greater than $3,000 and less than
5$400,000.
SB44, s. 1755
6Section
1755. 94.73 (6) (c) (intro.) of the statutes is amended to read:
SB44,764,107
94.73
(6) (c) (intro.) Except as provided in par. (e), the department shall
8reimburse a responsible person an amount equal to
80%
75% of the corrective action
9costs incurred for each discharge site that are greater than $7,500 and less than
10$400,000 if any of the following applies:
SB44, s. 1756
11Section
1756. 94.73 (15) (a) of the statutes is amended to read:
SB44,764,1912
94.73
(15) (a) The department may, by rule, reduce any of the surcharges in ss.
1394.64 (3r) (b) and (4) (a) 5., 94.681 (3), 94.685 (3) (a) 2., 94.703 (3) (a) 2.
, and 94.704
14(3) (a) 2. below the amounts specified in those provisions. The department shall
15adjust surcharge amounts as necessary to maintain a balance in the agricultural
16chemical cleanup fund at the end of each fiscal year of
at least $2,000,000 but not
17more than $5,000,000, but may not increase a surcharge amount over the amount
18specified in s. 94.64 (3r) (b) or (4) (a) 5., 94.681 (3), 94.685 (3) (a) 2., 94.703 (3) (a) 2.
, 19or 94.704 (3) (a) 2.
SB44, s. 1757
20Section
1757. 97.24 (4) (a) of the statutes is amended to read:
SB44,765,1321
97.24
(4) (a) Regulation of the production, processing and distribution of milk
22and fluid milk products under minimum sanitary requirements which are uniform
23throughout this state and the United States is essential for the protection of
24consumers and the economic well-being of the dairy industry, and is therefore a
25matter of statewide concern; however, nothing in this section shall impair or abridge
1the power of any municipality or county to regulate milk or fluid milk products under
2sanitary requirements and standards which are in reasonable accord with those
3established under this section or the power to impose reasonable license permit and
4inspection fees which combined shall not exceed the cost of necessary inspection. A
5municipality or county may not impose any fee for its inspection of milk producers,
6dairy plant facilities or dairy products which are under the inspection supervision
7of another governmental unit within or without the state with a valid certification
8rating made or approved by the department
of health and family services. No
9governmental unit may impose or collect a fee directly from the producer. A license
10or permit fee not to exceed $25 annually may be imposed on milk distributors
11licensed under s. 97.22 and on dairy plants under the inspection supervision of
12another governmental unit which are engaged in the distribution of milk within a
13municipality or county.
SB44, s. 1758
14Section
1758. 97.24 (4) (b) of the statutes is amended to read:
SB44,765,2215
97.24
(4) (b) No sanitary requirement or standard established under this
16section or contained in any ordinance may prohibit the sale of milk or fluid milk
17products which are produced and processed under laws or rules of any governmental
18unit, within or without this state, which are substantially equivalent to the
19requirements of the rules promulgated under this section, and which are enforced
20with equal effectiveness, as determined by a milk sanitation rating made or
21approved by the department
of health and family services, under rules promulgated
22under this section.
SB44, s. 1759
23Section
1759. 100.07 (6) of the statutes is amended to read:
SB44,766,224
100.07
(6) Action Upon request of the department of agriculture, trade, and
25rural resources, an action to enjoin violation of this section may be commenced and
1prosecuted by the department
of justice in the name of the state in any court having
2equity jurisdiction.
SB44,766,85
100.171
(7) (b) Whoever intentionally violates this section is guilty of a Class
6I felony. A person intentionally violates this section if the violation occurs after the
7department
of justice or a district attorney has notified the person by certified mail
8that the person is in violation of this section.
SB44, s. 1761
9Section
1761. 100.171 (8) (intro.) of the statutes is amended to read:
SB44,766,1210
100.171
(8) Enforcement. (intro.) The department
of justice shall investigate
11violations of this section. The department
of justice or any district attorney may on
12behalf of the state:
SB44, s. 1762
13Section
1762. 100.173 (4) (intro.) of the statutes is amended to read:
SB44,766,1614
100.173
(4) (intro.) The department
of justice shall investigate violations of this
15section. The department
of justice, or any district attorney upon informing the
16department
of justice, may, on behalf of the state, do any of the following:
SB44, s. 1763
17Section
1763. 100.173 (4) (a) of the statutes is amended to read:
SB44,766,2418
100.173
(4) (a) Bring an action for temporary or permanent injunctive relief in
19any court of competent jurisdiction for any violation of this section. The relief sought
20by the department
of justice or district attorney may include the payment by a
21promoter into an escrow account of an amount estimated to be sufficient to pay for
22ticket refunds. The court may, upon entry of final judgment, award restitution when
23appropriate to any person suffering loss because of violations of this section if proof
24of such loss is submitted to the satisfaction of the court.
SB44, s. 1764
25Section
1764. 100.174 (5) (intro.) of the statutes is amended to read:
SB44,767,2
1100.174
(5) (intro.) The department
of justice or any district attorney may on
2behalf of the state:
SB44, s. 1765
3Section
1765. 100.174 (6) of the statutes is amended to read:
SB44,767,54
100.174
(6) The department
of justice shall investigate violations of and
5enforce this section.
SB44, s. 1766
6Section
1766. 100.175 (5) (a) (intro.) of the statutes is amended to read:
SB44,767,127
100.175
(5) (a) (intro.) No person may collect or by contract require a buyer to
8pay more than $100 for dating services before the buyer receives or has the
9opportunity to receive those services unless the person selling dating services
10establishes proof of financial responsibility by maintaining any of the following
11commitments approved by the department
of justice in an amount not less than
12$25,000:
SB44, s. 1767
13Section
1767. 100.175 (5) (b) of the statutes is amended to read:
SB44,767,1914
100.175
(5) (b) The commitment described in par. (a) shall be established in
15favor of or made payable to the state, for the benefit of any buyer who does not receive
16a refund under the contractual provision described in sub. (3). The person selling
17dating services shall file with the department
of justice any agreement, instrument
18or other document necessary to enforce the commitment against the person selling
19dating services or any relevant 3rd party, or both.
SB44, s. 1768
20Section
1768. 100.175 (7) (a) (intro.) of the statutes is amended to read:
SB44,767,2221
100.175
(7) (a) (intro.) The department
of justice or any district attorney may
22on behalf of the state: