Amendment SA1-SSA1-SB197

LRBa1053/1

RCT:kjf:rs

2007 - 2008 LEGISLATURE

SENATE AMENDMENT 1, TO SENATE SUBSTITUTE AMENDMENT 1, TO 2007 SENATE BILL 197

January 15, 2008 - Offered by Senator Kanavas.

SB197-SSA1-SA1,1,1 At the locations indicated, amend the substitute amendment as follows:

SB197-SSA1-SA1,1,3 1. Page 1, line 1: delete the material beginning with "and" and ending with "sale" on line 2.

SB197-SSA1-SA1,1,5 2. Page 1, line 2: after "turf fertilizer" insert ", limiting local regulation of fertilizer,".

SB197-SSA1-SA1,1,6 3. Page 3, line 12: delete lines 12 to 25.

SB197-SSA1-SA1,1,7 4. Page 4, line 3: after that line insert:

SB197-SSA1-SA1,1,8 " Section 1m. 94.644 of the statutes is created to read:

SB197-SSA1-SA1,1,10 94.644 Fertilizer; local regulation. (1) This section is an enactment of statewide concern for the purpose of providing uniform regulation of fertilizers.

SB197-SSA1-SA1,1,11 (2) In this section:

SB197-SSA1-SA1,1,12 (a) "Fertilizer" has the meaning given in s. 94.64 (1) (e).

SB197-SSA1-SA1,2,1 (b) "Political subdivision" means a city, village, town, or county.

SB197-SSA1-SA1,2,3 (3) (a) Except as provided in par. (b), a political subdivision may not prohibit the use of or otherwise regulate fertilizers.

SB197-SSA1-SA1,2,5 (b) A political subdivision may enact an ordinance that does any of the following:

SB197-SSA1-SA1,2,7 1. Regulates fertilizer use on property in which the political subdivision has a fee simple ownership interest.

SB197-SSA1-SA1,2,9 2. Zones areas with respect to fertilizer manufacturing, distribution, and disposal.

SB197-SSA1-SA1,2,11 3. Implements any regulation of fertilizers that the political subdivision is required by federal law or state law to implement.

SB197-SSA1-SA1,2,15 (4) (a) No later than the first day of the 3rd month beginning after the effective date of this paragraph .... [revisor inserts date], a political subdivision shall provide the department with a copy of any ordinance that is authorized under sub. (3) and that is enacted before the effective date of this paragraph .... [revisor inserts date].

SB197-SSA1-SA1,2,19 (b) A political subdivision may not enact an ordinance that is authorized under sub. (3) until it consults with the department. If a political subdivision enacts an ordinance that is authorized under sub. (3), it shall provide the department with a copy of the ordinance no later than 60 days after enactment.".

SB197-SSA1-SA1,2,20 (End)