Amendment ASA1-AB64

AB64-ASA1,718,23 94.681 (5) Unreported pesticide; increased license fee. If a person applying for or holding a license under s. 94.68 sells or distributes a pesticide product for use in this state without having filed a report for the product under s. 94.68 (2) (a) 2. (bm) or (3), the license fee for that product is twice the amount determined under sub. (2), except that, if the pesticide product is exempt from federal registration under 40 CFR 152.25, the license fee for that product is $250.

AB64-ASA1,1278 Section 1278 . 94.681 (6) (a) (intro.) of the statutes is renumbered 94.681 (6) (intro.).

AB64-ASA1,1279 Section 1279. 94.681 (6) (a) 1. of the statutes is renumbered 94.681 (6) (am).

AB64-ASA1,1280 Section 1280 . 94.681 (6) (a) 2. of the statutes is repealed.

AB64-ASA1,1281 Section 1281 . 94.681 (6) (a) 3. of the statutes is renumbered 94.681 (6) (bm) and amended to read:

AB64-ASA1,719,8 94.681 (6) (bm) By March December 31 of the year following the year in which the person stopped selling or distributing the pesticide product for use in this state, pay a final license fee of $500 for the pesticide product, calculated under sub. (2) based on the sales of the pesticide product during the period specified in subd. 2.

AB64-ASA1,1282 Section 1282 . 94.681 (6) (a) 4. of the statutes is renumbered 94.681 (6) (c) and amended to read:

AB64-ASA1,719,13 94.681 (6) (c) If the product is a nonhousehold pesticide, pay a final agricultural chemical cleanup surcharge calculated under sub. (3) based on sales of the product during the period specified in subd. 2. of $30.

AB64-ASA1,1283 Section 1283 . 94.681 (6) (a) 5. of the statutes is repealed.

AB64-ASA1,1284 Section 1284 . 94.681 (6) (b) of the statutes is repealed.

AB64-ASA1,1285 Section 1285 . 94.681 (7) (a) (intro.) and 1. of the statutes are consolidated, renumbered 94.681 (7) (a) and amended to read:

AB64-ASA1,719,22 94.681 (7) (a) License fees. The department shall deposit all license fees collected under subs. (2), (5) and (6) (a) 3. (bm) in the agrichemical management fund, except as follows: 1. The that the department shall deposit an amount equal to $94 $108 for each pesticide product for which an applicant pays a license fee in the environmental fund for environmental management.

AB64-ASA1,1286 Section 1286 . 94.681 (7) (a) 2. of the statutes is repealed.

AB64-ASA1,1287 Section 1287 . 94.681 (7) (b) of the statutes is amended to read:

AB64-ASA1,720,3 94.681 (7) (b) Nonhousehold pesticides; cleanup surcharge. The department shall deposit the surcharges collected under subs. (3) and (6) (a) 4. (c) in the agricultural chemical cleanup fund.

AB64-ASA1,1288 Section 1288 . 94.681 (7) (bm) of the statutes is repealed.

AB64-ASA1,1289 Section 1289 . 94.685 (3) (a) 2. of the statutes is amended to read:

AB64-ASA1,720,8 94.685 (3) (a) 2. An agricultural chemical cleanup surcharge of $22.40, unless the department establishes a different surcharge under $20, except as provided in s. 94.73 (15).

AB64-ASA1,1290 Section 1290 . 94.703 (3) (a) 2. of the statutes is amended to read:

AB64-ASA1,720,12 94.703 (3) (a) 2. An agricultural chemical cleanup surcharge of $30.40, unless the department establishes a different surcharge under $20, except as provided in subd. 3. or s. 94.73 (15).

AB64-ASA1,1291 Section 1291 . 94.703 (3) (a) 3. of the statutes is created to read:

AB64-ASA1,720,16 94.703 (3) (a) 3. If the applicant manufactures or distributes bulk pesticides in this state, an additional agricultural chemical cleanup surcharge of $25, except as provided in s. 94.73 (15).

AB64-ASA1,1292 Section 1292 . 94.704 (3) (a) 2. of the statutes is amended to read:

AB64-ASA1,720,20 94.704 (3) (a) 2. An agricultural chemical cleanup surcharge of $11.20, unless the department establishes a different surcharge under $10, except as provided in s. 94.73 (15).

AB64-ASA1,1293 Section 1293 . 94.72 (6) (a) 1. of the statutes is repealed.

AB64-ASA1,1294 Section 1294 . 94.72 (6) (a) 2. of the statutes is amended to read:

AB64-ASA1,721,2 94.72 (6) (a) 2. For commercial feeds distributed in this state on or after January 1, 2002, a A feed inspection fee of 23 cents per ton, except that if the person distributes less than 200 tons of commercial feed in a year, the feed inspection fee is $46.

AB64-ASA1,1295 Section 1295 . 94.72 (6) (a) 3. of the statutes is amended to read:

AB64-ASA1,721,7 94.72 (6) (a) 3. Beginning on October 29, 1999, for commercial feeds distributed in this state a A weights and measures inspection fee of 2 cents per ton, except that if the person distributes less than 200 tons of commercial feed in a year, the weights and measures inspection fee is $4.

AB64-ASA1,1296 Section 1296 . 94.72 (6) (b) of the statutes is amended to read:

AB64-ASA1,721,18 94.72 (6) (b) Responsibility. Except as provided in par. (d), if more than one manufacturer or distributor is involved in the chain of distribution, the one who first sells or distributes commercial feed in this state or to a person in this state for further sale is responsible for the payment of inspection fees for the feed. No inspection fees are required for commercial feeds sold under the name and label of another licensee if the inspection fees have been or will be paid by a previous manufacturer or distributor in the chain of distribution as evidenced by an invoice or sales receipt. No inspection fees are required for commercial feeds on which the inspection fees have been or will be paid by a previous manufacturer or distributor in the chain of distribution as evidenced by an invoice or sales receipt.

AB64-ASA1,1297 Section 1297 . 94.72 (6) (c) of the statutes is repealed.

AB64-ASA1,1298 Section 1298 . 94.72 (6) (f) of the statutes is repealed.

AB64-ASA1,1299 Section 1299 . 94.72 (6) (g) of the statutes is repealed.

AB64-ASA1,1300 Section 1300 . 94.72 (6) (h) of the statutes is repealed.

AB64-ASA1,1301 Section 1301 . 94.73 (3m) (w) of the statutes is repealed.

AB64-ASA1,1302 Section 1302 . 94.73 (6) (b) of the statutes is amended to read:

AB64-ASA1,722,5 94.73 (6) (b) Except as provided in pars. (c) and (e), the department shall reimburse a responsible person an amount equal to 75 percent of the corrective action costs incurred for each discharge site that are greater than $3,000 and less than $400,000 for costs incurred before July 1, 2017, or that are greater than $3,000 and less than $650,000 for costs incurred on or after July 1, 2017.

AB64-ASA1,1303 Section 1303 . 94.73 (6) (c) (intro.) of the statutes is amended to read:

AB64-ASA1,722,12 94.73 (6) (c) (intro.) Except as provided in par. (e), the department shall reimburse a responsible person an amount equal to 75 percent of the corrective action costs incurred for each discharge site that are greater than $7,500 and less than $400,000 for costs incurred before July 1, 2017, or that are greater than $7,500 and less than $650,000 for costs incurred on or after July 1, 2017, if any of the following applies:

AB64-ASA1,1304 Section 1304 . 94.73 (15) of the statutes is repealed and recreated to read:

AB64-ASA1,722,15 94.73 (15) Surcharge adjustments. (a) On May 1 annually, the department shall determine the amount available in the agricultural chemical cleanup fund.

AB64-ASA1,722,17 (b) If the amount determined under par. (a) is more than $1,500,000, the surcharges for the subsequent year shall be as follows:

AB64-ASA1,722,18 1. Under s. 94.64 (3r) (b) 1. and 2., $0.

AB64-ASA1,722,19 2. Under s. 94.64 (3r) (b) 3., $0.

AB64-ASA1,722,20 3. Under s. 94.64 (4) (a) 5., $0.

AB64-ASA1,722,21 4. Under s. 94.681 (3), $0.

AB64-ASA1,722,22 5. Under s. 94.685 (3) (a) 2., $0.

AB64-ASA1,722,23 6. Under s. 94.703 (3) (a) 2., $0.

AB64-ASA1,722,24 7. Under s. 94.703 (3) (a) 3., $0.

AB64-ASA1,722,25 8. Under s. 94.704 (3) (a) 2., $0.

AB64-ASA1,723,2 (c) If the amount determined under par. (a) is $1,500,000 or less, but more than $750,000, the surcharges for the subsequent license year shall be as follows:

AB64-ASA1,723,3 1. Under s. 94.64 (3r) (b) 1. and 2., $10.

AB64-ASA1,723,4 2. Under s. 94.64 (3r) (b) 3., $12.50.

AB64-ASA1,723,5 3. Under s. 94.64 (4) (a) 5., 5 cents per ton.

AB64-ASA1,723,6 4. Under s. 94.681 (3), $15.

AB64-ASA1,723,7 5. Under s. 94.685 (3) (a) 2., $10.

AB64-ASA1,723,8 6. Under s. 94.703 (3) (a) 2., $10.

AB64-ASA1,723,9 7. Under s. 94.703 (3) (a) 3., $12.50.

AB64-ASA1,723,10 8. Under s. 94.704 (3) (a) 2., $5.

AB64-ASA1,1305 Section 1305 . 94.74 of the statutes is repealed.

AB64-ASA1,1305g Section 1305g. 101.01 (11) (d) of the statutes is created to read:

AB64-ASA1,723,14 101.01 (11) (d) A not-for-profit facility with the primary purpose of housing or rehabilitating abandoned, injured, or sick wildlife.

AB64-ASA1,1305m Section 1305m. 101.01 (12) (d) of the statutes is created to read:

AB64-ASA1,723,17 101.01 (12) (d) A not-for-profit facility with the primary purpose of housing or rehabilitating abandoned, injured, or sick wildlife.

AB64-ASA1,1305p Section 1305p. 101.02 (7w) of the statutes is created to read:

AB64-ASA1,724,8 101.02 (7w) Notwithstanding sub. (7) (a), and except as provided in this subsection and s. 66.0414 (3) (c), no city, village, town, or county may make or enforce a local order that limits blasting at a quarry, as defined in s. 66.0414 (2) (d). A city, village, town, or county may petition the department for an order granting the city, village, town, or county the authority to impose additional restrictions and requirements related to blasting on the operator of a quarry, and the department may not charge a fee for the petition. If the department issues the order, the order may grant the city, village, town, or county the authority to impose restrictions and requirements related to blasting at the quarry that are more restrictive than the requirements under s. 101.15 related to blasting and rules promulgated by the department under s. 101.15 (2) (e) related to blasting. If a city, village, town, or county submits a petition under this subsection because of concerns regarding the potential impact of blasting on a qualified historic building, as defined in s. 101.121 (2) (c), the department may require the operator of the quarry to pay the costs of an impact study related to the qualified historic building.

AB64-ASA1,1306 Section 1306 . 101.02 (20) (a) of the statutes is amended to read:

AB64-ASA1,724,16 101.02 (20) (a) For purposes of this subsection, “license" means a license, permit, or certificate of certification or registration issued by the department for an occupation or profession under s. 101.122 (2) (c), 101.15 (2) (e), 101.16 (3g), 101.17, 101.178 (2) or (3) (a), 101.63 (2) or (2m), 101.653, 101.73 (5) or (6), 101.82 (1m), (1v), and (2), 101.935, 101.95, 101.951, 101.952, 101.96 (2), 101.985 (1) to (3), 145.02 (4), 145.035, 145.045, 145.15, 145.16, 145.165, 145.17, 145.175, 145.18, or 167.10 (6m) or under rules promulgated under ch. 101 or 145.

AB64-ASA1,1307 Section 1307 . 101.02 (21) (a) of the statutes is amended to read:

AB64-ASA1,724,24 101.02 (21) (a) In this subsection, “license" means a license, permit, or certificate of certification or registration issued by the department for an occupation or profession under s. 101.122 (2) (c), 101.15 (2) (e), 101.16 (3g), 101.17, 101.178 (2) or (3) (a), 101.63 (2) or (2m), 101.653, 101.73 (5) or (6), 101.82 (1m), (1v), and (2), 101.935, 101.95, 101.951, 101.952, 101.96 (2), 101.985 (1) to (3), 145.02 (4), 145.035, 145.045, 145.15, 145.16, 145.165, 145.17, 145.175, 145.18, or 167.10 (6m) or under rules promulgated under ch. 101 or 145.

AB64-ASA1,1308 Section 1308 . 101.02 (24) (a) 2. of the statutes is amended to read:

AB64-ASA1,725,7 101.02 (24) (a) 2. “License" means a license, permit, or certificate of certification or registration issued by the department for an occupation or profession under s. 101.122 (2) (c), 101.15 (2) (e), 101.16 (3g), 101.17, 101.178 (2) or (3) (a), 101.63 (2) or (2m), 101.653, 101.654, 101.73 (5) or (6), 101.82 (1m), (1v), and (2), 101.935, 101.95, 101.951, 101.952, 101.985 (1) to (3), 145.02 (4), 145.035, 145.045, 145.15, 145.16, 145.165, 145.17, 145.175, 145.18, or 167.10 (6m) or under rules promulgated under ch. 101 or 145.

AB64-ASA1,1310 Section 1310 . 101.122 of the statutes is repealed.

AB64-ASA1,1311 Section 1311 . 101.19 (1g) (i) of the statutes is repealed.

AB64-ASA1,1312 Section 1312 . 101.19 (1r) of the statutes is amended to read:

AB64-ASA1,725,17 101.19 (1r) Notwithstanding subs. (1g) and (1m), the department shall waive any fee imposed on an individual who is eligible for the veterans fee waiver program under s. 45.44 for a license, permit, or certificate of certification or registration issued by the department under s. 101.122 (2) (c), 101.15 (2) (e), 101.16 (3g), 101.17, 101.178 (2) or (3) (a), 101.63 (2) or (2m), 101.653, 101.73 (5) or (6), 101.82 (1m), (1v), and (2), 101.935, 101.95, 101.951, 101.952, 101.985 (1) to (3), 145.02 (4), 145.035, 145.045, 145.07 (12), 145.15, 145.16, 145.165, 145.17, 145.175, 145.18, or 167.10 (6m).

AB64-ASA1,1319g Section 1319g. 101.61 (1) of the statutes is amended to read:

AB64-ASA1,725,23 101.61 (1) “Dwelling" means any building that contains one or 2 dwelling units. “Dwelling unit" means a structure or that part of a structure which is used or intended to be used as a home, residence or sleeping place by one person or by 2 or more persons maintaining a common household, to the exclusion of all others. “Dwelling” and “dwelling unit” do not include a primitive cabin.

AB64-ASA1,1319r Section 1319r. 101.61 (3) of the statutes is created to read:

AB64-ASA1,726,2 101.61 (3) “Primitive cabin” means a structure that satisfies all of the following:

AB64-ASA1,726,3 (a) The structure is used as a sleeping place and not as a home or residence.

AB64-ASA1,726,4 (b) The structure is used principally for recreational activity.

AB64-ASA1,726,5 (c) Excluding a basement, the structure does not exceed 2 stories in height.

AB64-ASA1,726,6 (d) The structure satisfies any of the following:

AB64-ASA1,726,8 1. The structure was constructed before the effective date of this subdivision .... [LRB inserts date].

AB64-ASA1,726,10 2. The structure results from alterations made to a structure described in subd. 1.

AB64-ASA1,726,11 3. The structure replaces a structure described in subd. 1.

AB64-ASA1,1324m Section 1324m. 101.63 (11) of the statutes is created to read: