2. If the applicant sold at least $25,000 but less than $75,000 of the product during the preceding year for use in this state, $890, except that the fee is $790 for the license years that begin on January 1, 1999, and on January 1, 2000, January 1, 2001, and January 1, 2002.
3. If the applicant sold at least $75,000 of the product during the preceding year for use in this state, $3,060 plus 0.2% of the gross revenues from sales of the product during the preceding year for use in this state, except that for the license years that begin on January 1, 1999, and on January 1, 2000, January 1, 2001, and January 1,
2002, the fee shall be $2,760 plus 0.2% of the gross revenues from sales of the product during the preceding year for use in this state.
9,1942mc
Section 1942mc. 94.695 of the statutes is created to read:
94.695 Pesticide sales and use reporting system. (1) Proposal. The department shall develop a proposal for a pesticide sales and use reporting system and shall
, no later than July 1, 2000, submit the proposal to the joint committee on finance for review.
(2) Funding. If the joint committee on finance approves the proposal under sub. (1), it may, from the appropriation under s. 20.865 (4) (u), supplement the
appropriation under s. 20.115 (7) (uc) in an amount not to exceed $250,000 and the appropriation under s. 20.115 (7) (ue) in an amount not to exceed $150,000. Notwithstanding s. 13.101 (3) (a), the committee is not required to find that an emergency exists.
(3) Pilot project. If the joint committee on finance approves the proposal under sub. (1), the department shall administer a pilot program to test the pesticide sales and use reporting system.
9,1943
Section
1943. 94.704 (3) (a) 1. of the statutes is amended to read:
94.704 (3) (a) 1. A license fee of $40, except that the license fee is $30 for the license years that begin on January 1, 1999, and on January 1, 2000, January 1, 2001, and January 1, 2002.
9,1944
Section
1944. 94.72 (6) (a) 1. and 2. of the statutes are amended to read:
94.72 (6) (a) 1. For commercial feeds distributed in this state during the years that begin on January 1, 1998, and on January 1, 1999, 15, beginning on the effective date of this subdivision .... [revisor inserts date], and ending on December 31, 2001, a feed inspection fee of 13 cents per ton.
2. For commercial feeds distributed in this state on or after January 1, 2000, 25 2002, a feed inspection fee of 23 cents per ton.
9,1945
Section
1945. 94.72 (6) (a) 3. of the statutes is created to read:
94.72 (6) (a) 3. Beginning on the effective date of this subdivision .... [revisor inserts date], for commercial feeds distributed in this state a weights and measures inspection fee of 2 cents per ton.
9,1945e
Section 1945e. 94.73 (2) (c) of the statutes is amended to read:
94.73 (2) (c) The department may issue an order under par. (a) on a summary basis without prior notice or a prior hearing if the department determines that a summary order is necessary to prevent imminent harm to public health or safety or to the environment. If the recipient of a summary order requests a hearing on that order, the department shall hold a hearing within 10 days after it receives the request unless the recipient agrees to a later hearing date. The department is not required to stay enforcement of a summary order issued under this paragraph pending the outcome of the hearing. If the responsible person prevails after a hearing, the department shall reimburse the responsible person from the appropriation account under s. 20.115 (7) (e) or (wm) for the corrective action costs incurred as the result of the department's order.
9,1945g
Section 1945g. 94.73 (7) (a) of the statutes is amended to read:
94.73 (7) (a) The department may make payments to a responsible person who is eligible for reimbursement under sub. (3) if the department has authorized reimbursement to that person under sub. (6). The department shall make payment from the appropriation accounts account under s. 20.115 (7) (e) and (wm), subject to the availability of funds in those that appropriation accounts account. If there are insufficient funds to pay the full amounts authorized under sub. (6) to all eligible responsible persons, the department shall distribute payments in the order in which applications were received, unless the department specifies, by rule, a different order of payment.
9,1945s
Section 1945s. 95.197 of the statutes is created to read:
95.197 Financial assistance for paratuberculosis testing. (1) The department shall provide financial assistance to owners of livestock herds for conducting testing for paratuberculosis.
The department may only provide financial assistance under this section for the first time that the owner of a livestock herd tests the herd.
(2) The department shall promulgate rules for providing financial assistance under sub. (1).
9,1946
Section
1946. 95.21 (9) (c) of the statutes is created to read:
95.21 (9) (c) The department may provide training to persons who administer local rabies control programs or who conduct rabies examinations under those programs. The department may charge fees to cover the cost of training. The fees collected under this paragraph shall be credited to the appropriation under s. 20.115 (2) (j).
9,1946m
Section 1946m. 97.30 (1) (bm) of the statutes is repealed and recreated to read:
97.30 (1) (bm) Except as provided by the department by rule, "potentially hazardous food" means a food that requires temperature control because it is in a form capable of supporting any of the following:
1. Rapid and progressive growth of infectious or toxigenic microorganisms.
2. Growth and toxin production of Clostridium botulinum.
3. In raw shell eggs, growth of Salmonella enteritidis.
9,1946n
Section 1946n. 97.42 (4) (intro.) of the statutes is amended to read:
97.42 (4) Rules. (intro.) The department shall may issue reasonable rules requiring or prescribing any of the following:
9,1946p
Section 1946p. 97.42 (4m) of the statutes is created to read:
97.42
(4m) Federal requirements. Except as provided in rules promulgated under sub. (4), the operator of an establishment that is required to be licensed under this section shall comply with
9 CFR parts 307 to
311,
313 to
315,
317 to
319,
416 and
417 and part
381 subparts G, H, I, J, K, L, O and P as they apply to federally licensed establishments.
9,1950m
Section 1950m. 98.01 (3) of the statutes is amended to read:
98.01 (3) "Municipality" means a city or, village or town.
9,1951
Section
1951. 98.04 (1) of the statutes is amended to read:
98.04 (1) Each Except as provided in sub. (2), a municipality having a population of more than 5,000, according to the latest federal census most recent population estimate made by the department of administration under s. 16.96, shall enforce the provisions of this chapter within its jurisdiction. For this purpose it, a municipality shall establish a municipal department of weights and measures. Each municipal department of weights and measures shall have such number of qualified sealers or inspectors as will ensure compliance with this chapter. Municipal sealers or inspectors shall have the same authority as sealers or inspectors of the department of agriculture, trade and consumer protection. The selection of municipal sealers or inspectors shall be from a list of applicants whose qualifications have been certified by the state or local civil service agency under the rules of the agency. Such The municipality shall procure and keep at all times a complete set of standards of weight and measure conforming to the state standards, and such standards shall be submitted and shall submit the standards for certification at regular intervals as required by the department. It of agriculture, trade and consumer protection. The municipality shall keep a complete record of its work and annually shall file a report thereof with the department of agriculture, trade and consumer protection. Municipalities The municipality may enact ordinances regulating that regulate weights and measures and that are not in conflict with this chapter or the rules of the department and of agriculture, trade and consumer protection. The municipality may assess fees which that do not exceed the actual cost of the municipal its weights and measures program.
9,1952
Section
1952. 98.04 (2) of the statutes is repealed and recreated to read:
98.04 (2) A municipality that is required to establish a department of weights and measures under sub. (1) may contract with the department of agriculture, trade, and consumer protection to enforce the provisions of this chapter within the municipality's jurisdiction instead of establishing its own department if the department of agriculture, trade and consumer protection agrees to enter into such a contract. The department of agriculture, trade and consumer protection may charge the municipality fees sufficient to cover the department's costs under the contract. A municipality may recover an amount not to exceed the cost of these fees by assessing fees on the persons who receive services under the weights and measures program.
9,1952m
Section 1952m. 98.12 of the statutes is amended to read:
98.12 Standard containers; frozen desserts Sale of ice cream and similar frozen products. Ice cream, ice milk, water ices or other frozen desserts of a similar nature packaged prior to sale may shall be sold by liquid measure only and shall be packaged only in containers with capacities of one-half liquid pint, one liquid pint, one liquid quart, or a multiple of one liquid quart. This section does not apply if such the products are packaged at time of sale at retail or sold in quantities of less than one-half liquid pint.
98.16 (2) (b) The fee for a license under par. (a) is $30 $60, except that the department may establish a different fee by rule.
9,1953e
Section 1953e. 98.21 of the statutes is repealed and recreated to read:
98.21 Sale of bread. (1) Except as provided in sub. (2), no person may manufacture for sale in this state, offer to sell or sell bread unless the bread is sold by weight.
(2) Subsection (1) does not apply to stale bread if the bread is conspicuously marked "stale bread" or is placed in a container conspicuously marked "stale bread" and sold as and for stale bread.
9,1960
Section
1960. 100.261 of the statutes is created to read:
100.261 Consumer information assessment. (1) If a court imposes a fine or forfeiture for a violation of this chapter, ch. 98, a rule promulgated under this chapter or ch. 98 or an ordinance enacted under this chapter or ch. 98, the court shall also impose a consumer information assessment in an amount equal to 15% of the fine or forfeiture imposed. If multiple violations are involved, the court shall base the consumer information assessment upon the the total of the fine or forfeiture amounts for all violations. If a fine or forfeiture is suspended in whole or in part, the court shall reduce the assessment in proportion to the suspension.
(2) If any deposit is made for a violation to which this section applies, the person making the deposit shall also deposit a sufficient amount to include the consumer information assessment required under this section. If the deposit is forfeited, the amount of the consumer information assessment shall be transmitted to the state treasurer under sub. (3). If the deposit is returned, the consumer information assessment shall also be returned.
(3) (a) The clerk of court shall collect and transmit the consumer information assessment amounts to the county treasurer under s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer under s. 59.25 (3) (f) 2.
(b) 1. The state treasurer shall deposit the assessment amounts in the general fund and shall credit them to the appropriation account under s. 20.115 (1) (jb), subject to the limit under subd. 2.
2. The amount credited to the appropriation account under s. 20.115 (1) (jb) may not exceed $85,000 in each fiscal year.
9,1972
Section
1972. 101.01 (4) of the statutes is amended to read:
101.01 (4) "Employer" means any person, firm, corporation, state, county, town, city, village, school district, sewer district, drainage district, family care district and other public or quasi-public corporations as well as any agent, manager, representative or other person having control or custody of any employment, place of employment or of any employe.
9,1972c
Section 1972c. 101.02 (18m) of the statutes is amended to read:
101.02 (18m) The department may perform, or contract for the performance of, testing of petroleum products other than testing provided under ch. 168. The department may establish a schedule of fees for such petroleum product testing services. The department shall credit all revenues received from fees established under this subsection to the appropriation account under s. 20.143 (3) (ga). Revenues from fees established under this subsection may be used by the department to pay for testing costs, including laboratory supplies and equipment amortization, for such products.
9,1972g
Section
1972g. 101.02 (20) (a) of the statutes is amended to read:
101.02 (20) (a) For purposes of this subsection, "license" means a license, permit or certificate of certification or registration issued by the department under ss. 101.09 (3) (c), 101.122 (2) (c), 101.143 (2) (g), 101.15 (2) (e), 101.17, 101.177 (4) (a), 101.178 (2) or (3) (a), 101.63 (2) or (2m), 101.653, 101.73 (5) or (6), 101.82 (2), 101.87, 101.935, 101.95, 101.951, 101.952, 145.02 (4), 145.035, 145.045, 145.15, 145.16, 145.165, 145.17, 145.175, 145.18 or 167.10 (6m).
9,1972h
Section 1972h. 101.02 (20) (b) of the statutes is amended to read:
101.02 (20) (b) The Except as provided in par. (e), the department of commerce may not issue or renew a license unless each applicant who is an individual provides the department of commerce with his or her social security number and each applicant that is not an individual provides the department of commerce with its federal employer identification number. The department of commerce may not disclose the social security number or the federal employer identification number of an applicant for a license or license renewal except to the department of revenue for the sole purpose of requesting certifications under s. 73.0301.
9,1972k
Section 1972k. 101.02 (20) (e) of the statutes is created to read:
101.02 (20) (e) 1. If an applicant who is an individual does not have a social security number, the applicant, as a condition of applying for or applying to renew a license shall submit a statement made or subscribed under oath or affirmation to the department of commerce that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development.
2. Any license issued or renewed in reliance upon a false statement submitted by an applicant under subd. 1 is invalid.
9,1972m
Section 1972m. 101.02 (21) (a) of the statutes is amended to read:
101.02 (21) (a) In this subsection, "license" means a license, permit or certificate of certification or registration issued by the department under s. 101.09 (3) (c), 101.122 (2) (c), 101.143 (2) (g), 101.15 (2) (e), 101.17, 101.177 (4) (a), 101.178 (2) or (3) (a), 101.63 (2), 101.653, 101.73 (5) or (6), 101.82 (2), 101.87, 101.935, 101.95, 101.951, 101.952, 145.02 (4), 145.035, 145.045, 145.15, 145.16, 145.165, 145.17, 145.175, 145.18 or 167.10 (6m).
9,1972n
Section 1972n. 101.02 (21) (b) of the statutes is amended to read:
101.02 (21) (b) As provided in the memorandum of understanding under s. 49.857 and except as provided in par. (e), the department of commerce may not issue or renew a license unless the applicant provides the department of commerce with his or her social security number. The department of commerce may not disclose the social security number except that the department of commerce may disclose the social security number of an applicant for a license under par. (a) or a renewal of a license under par. (a) to the department of workforce development for the sole purpose of administering s. 49.22.
9,1972r
Section 1972r. 101.02 (21) (e) of the statutes is created to read:
101.02 (21) (e) 1. If an applicant who is an individual does not have a social security number, the applicant, as a condition of applying for or applying to renew a license shall submit a statement made or subscribed under oath or affirmation to the department of commerce that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development.
2. Any license issued or renewed in reliance upon a false statement submitted by an applicant under subd. 1 is invalid.
9,1973
Section
1973. 101.09 (title) of the statutes is amended to read:
101.09 (title) Storage of flammable and, combustible and hazardous liquids.
9,1974
Section
1974. 101.09 (1) (am) of the statutes is created to read:
101.09
(1) (am) "Federally regulated hazardous substance" means a hazardous substance, as defined in
42 USC 9601 (14).
9,1975
Section
1975. 101.09 (2) (a) of the statutes is amended to read:
101.09 (2) (a) Except as provided under pars. (b) to (d), every person who constructs, owns or controls a tank for the storage, handling or use of flammable or combustible liquid that is flammable or combustible or a federally regulated hazardous substance shall comply with the standards adopted under sub. (3).
9,1975m
Section 1975m. 101.09 (2) (cm) of the statutes is created to read:
101.09 (2) (cm) Any rules promulgated under sub. (3) requiring an owner to test the ability of a storage tank, connected piping or ancillary equipment to prevent an inadvertent release of a stored substance
or requiring an owner to permanently close or upgrade a storage tank do not apply to storage tanks that satisfy all of the following:
1. Are installed before the effective date of this subdivision .... [revisor inserts date].
2. Have a capacity of less than 1,100 gallons.
3. Are used to store heating oil for residential, consumptive use on the premises where stored.
9,1976
Section
1976. 101.09 (3) (a) of the statutes is amended to read:
101.09 (3) (a) The department shall promulgate by rule construction, maintenance and abandonment standards applicable to tanks for the storage, handling or use of flammable and combustible liquids that are flammable or combustible or are federally regulated hazardous substances, and to the property and facilities where the tanks are located, for the purpose of protecting the waters of the state from harm due to contamination by flammable and combustible liquids that are flammable or combustible or are federally regulated hazardous substances. The rule shall comply with ch. 160. The rule may include different standards for new and existing tanks, but all standards shall provide substantially similar protection for the waters of the state. The rule shall include maintenance requirements related to the detection and prevention of leaks. The rule may require any person supplying heating oil to any noncommercial storage tank for consumptive use on the premises to submit to the department, within 30 days after the department requests, the location, contents and size of any such tank.
9,1976r
Section 1976r. 101.123 (1) (b) of the statutes is amended to read:
101.123 (1) (b) "Inpatient health care facility" means a county home established under s. 49.70, a county infirmary established under s. 49.72, or a community-based residential facility or a nursing home licensed under s. 50.03 or a tuberculosis sanatorium established under s. 58.06, 252.073 or 252.076.
9,1979
Section
1979. 101.14 (5) of the statutes is amended to read:
101.14 (5) (a) Subject to par. (b), in addition to any fee charged by the department by rule for plan review and approval for the construction of a new or additional installation or change in operation of a previously approved installation for the storage, handling or use of flammable or combustible liquids a liquid that is flammable or combustible or a federally regulated hazardous substance, as defined in s. 101.09 (1) (am), the department shall collect a groundwater fee of $100 for each plan review submittal. The moneys collected under this subsection shall be credited to the environmental fund for environmental management.
(b) Notwithstanding par. (a), an installation for the storage, handling or use of flammable or combustible liquids a liquid that is flammable or combustible or a federally regulated hazardous substance, as defined in s. 101.09 (1) (am), that has a capacity of less than 1,000 gallons is not subject to the groundwater fee under par. (a).
9,1979p
Section 1979p. 101.143 (1) (bm) of the statutes is created to read:
101.143 (1) (bm) "Enforcement standard" has the meaning given in s. 160.01 (2).
9,1979r
Section 1979r. 101.143 (1) (cq) of the statutes is created to read:
