Wisconsin Legislature: 33,1743

33,1731ec Section 1731ec. 91.19 (7) of the statutes is amended to read:

91.19 (7) Whenever Subject to sub. (14), whenever a farmland preservation agreement is relinquished under sub. (2) or (6t) or all or part of the land is released from a farmland preservation agreement under sub. (2) or (6p) or a transition area agreement is relinquished under sub. (2) or, subject to subs. (12) and (13), a transition area agreement is relinquished under sub. (1) or (1m), the department shall cause to be prepared and recorded a lien against the property formerly subject to the agreement for the total amount of all credits received by all owners of such lands under subch. IX of ch. 71 during the last 10 years that the land was eligible for such credit, plus interest at the rate of 9.3% per year compounded annually on the credits received from the time the credits were received until the lien is paid for farmland preservation agreements relinquished under sub. (6t) and 6% per year compounded annually on the credits received from the time the credits were received until the lien is paid for other agreements. No interest shall be compounded for any period during which the farmland is subject to a subsequent farmland preservation agreement or transition area agreement or is zoned for exclusive agricultural use under an ordinance certified under subch. V.

33,1731eg Section 1731eg. 91.19 (8) of the statutes is amended to read:

91.19 (8) Subject to subs. (12) and, (13), and (14), upon the relinquishment of a farmland preservation agreement under sub. (1) or (1m), the department shall cause to be prepared and recorded a lien against the property formerly subject to the farmland preservation agreement for the total amount of the credits received by all owners thereof under subch. IX of ch. 71 during the last 10 years that the land was eligible for such credit, plus 6% interest per year compounded from the time of relinquishment. No interest shall be compounded for any period during which the farmland is subject to a subsequent farmland preservation agreement or transition area agreement or is zoned for exclusive agricultural use under an ordinance certified under subch. V.

33,1731ek Section 1731ek. 91.19 (14) of the statutes is created to read:

91.19 (14) No lien under this section may be recorded after the effective date of this subsection .... [revisor inserts date].

33,1731em Section 1731em. 91.25 of the statutes is created to read:

91.25 Phaseout of agreements. The department may not enter into, or extend, an agreement under this subchapter after the effective date of this section .... [revisor inserts date].

33,1731g Section 1731g. 91.37 (1) to (5) of the statutes are amended to read:

91.37 (1) If Subject to sub. (7), if the owner withdraws during the term of an agreement under this subchapter, the lien shall apply to the amount of all credit under subch. IX of ch. 71 received for the period the land was subject to the agreement plus 6% interest per year compounded annually from the time the credit was received until it is paid.

(2) If Subject to sub. (7), if at the end of an agreement under this subchapter, the owner does not apply for a renewal under s. 91.39 or an agreement under subch. II, the lien shall apply, without interest, to the credit received under subch. IX of ch. 71 for the last 2 years the land was eligible for such credit if the land is not subject to a certified exclusive agricultural use zoning ordinance under subch. V and either the county in which the land is located has not adopted a certified agricultural preservation plan, or, if such a plan is adopted, the farmland would not be eligible for an agreement under the terms of the plan.

(3) If Subject to sub. (7), if at the end of an agreement under this subchapter, the owner does not apply for a renewal under s. 91.39 or an agreement under subch. II, although the land is eligible for an agreement under subch. II and is not subject to a certified exclusive agricultural use zoning ordinance under subch. V, the lien shall apply to all credit received during the period the land was subject to an agreement under this subchapter, plus 6% interest per year compounded from the time of expiration.

(4) If Subject to sub. (7), if at the end of an agreement under this subchapter, the farmland is not eligible for an agreement under subch. II because s. 91.11 (2), (3) or (4) is applicable, the lien shall apply, without interest, to the credit received under subch. IX of ch. 71 for the last 2 years the land was eligible for such credit. If after the expiration of an agreement the land or any portion of the land is zoned for exclusive agricultural use under an ordinance certified under subch. V, all or any portion of a lien filed under this subsection against such land shall be discharged. The discharge of a lien under this subsection does not affect the calculation of any subsequent lien under s. 91.77 (2).

(5) If Subject to sub. (7), if at the end of an agreement under this subchapter, the owner does not apply for a renewal under s. 91.39 or an agreement under subch. II and only a portion of the land subject to the agreement is eligible for an agreement under subch. II, the lien shall be calculated under sub. (2) or (4) on that part of the land which is ineligible and under sub. (3) on that part which is eligible.

33,1731gm Section 1731gm. 91.37 (7) of the statutes is created to read:

91.37 (7) No lien under this section may be recorded after the effective date of this subsection .... [revisor inserts date].

33,1731j Section 1731j. 91.71 of the statutes is amended to read:

91.71 Purpose. The purpose of this subchapter is to specify the minimum requirements for zoning ordinances designating certain lands for exclusively agricultural use, allowing the owners of such lands to claim the farmland preservation credit permitted under subch. IX of ch. 71.

33,1731L Section 1731L. 91.77 (2) of the statutes is amended to read:

91.77 (2) Land which is rezoned under this section shall be subject to the lien provided under s. 91.19 (8) to (10) for the amount of tax credits paid on the land rezoned, except that no lien under this subsection may be recorded after the effective date of this subsection .... [revisor inserts date]. If the rezoning occurs solely as a result of action initiated by a governmental unit, any lien required under s. 91.19 (8) to (10) shall be paid by the governmental unit initiating the action.

33,1731n Section 1731n. 91.79 of the statutes is amended to read:

91.79 Conditional uses; lien. Any land zoned under this subchapter which is granted a special exception or conditional use permit for a use which is not an agricultural use shall be subject to the lien provided under s. 91.19 (8) to (10) for the amount of tax credits paid on the land granted such a permit, except that no lien under this section may be recorded after the effective date of this section .... [revisor inserts date].

33,1739g Section 1739g. 93.23 (1) (a) 1. (intro.) of the statutes is amended to read:

93.23 (1) (a) 1. (intro.) To each county, and any organized agricultural society, association, or board in the state that complies with the requirements of this section, 95% of the first $8,000 actually paid in net premiums and 70% of all net premiums paid in excess of $8,000 50% of the amount actually paid in net premiums in the junior division at its annual fair upon livestock, articles of production, educational exhibits, agricultural implements and tools, domestic manufactures, mechanical implements, and productions, but not more than $10,000 per fair, subject to all of the following:

33,1740 Section 1740. 93.31 of the statutes is amended to read:

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.

33,1741 Section 1741. 93.55 (2) of the statutes is amended to read:

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).

33,1742 Section 1742. 93.70 of the statutes is renumbered 93.70 (1).

33,1743 Section 1743. 93.70 (2) of the statutes is created to read:

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).

33,1745 Section 1745. 94.64 (4) (a) 5. of the statutes is amended to read:

94.64 (4) (a) 5. An agricultural chemical cleanup surcharge of 3 8 63 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).

33,1745d Section 1745d. 94.64 (4) (c) 4. of the statutes is amended to read:

94.64 (4) (c) 4. The department shall deposit the fee under par. (a) 4. in the environmental agrichemical management fund for environmental management.

33,1745i Section 1745i. 94.65 (6) (a) 4. of the statutes is amended to read:

94.65 (6) (a) 4. Annually by March 31, pay to the department a groundwater fee of 10 cents for each ton of soil or plant additive distributed, as described in the tonnage report filed under subd. 1. The minimum groundwater fee is $1 for 10 tons or less. All groundwater fees shall be credited to the environmental fund for environmental management.

33,1745L Section 1745L. 94.65 (6) (c) of the statutes is amended to read:

94.65 (6) (c) The department shall deposit fees collected under pars. (a) 1. and 4. and (b) and subs. (2) (a) and (3) (b) in the agrichemical management fund.

33,1746 Section 1746. 94.681 (1) (cm) of the statutes is created to read:

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.

33,1747 Section 1747. 94.681 (2) of the statutes is repealed and recreated to read:

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:

(a) For each household pesticide product:

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

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.

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

(b) For each industrial pesticide product:

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

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.

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

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

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.

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.

33,1748 Section 1748. 94.681 (3) of the statutes is amended to read:

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:

(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.

(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.

(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.

33,1749 Section 1749. 94.681 (3m) of the statutes is amended to read:

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:

(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.

(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.

33,1750 Section 1750. 94.681 (3s) of the statutes is created to read:

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.

(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:

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.

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.

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

(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).

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.

33,1750c Section 1750c. 94.681 (4) of the statutes is amended to read:

94.681 (4) Primary producers; well compensation fee. A primary producer applying for a license under s. 94.68 shall pay a well compensation primary producer fee of $150.

33,1750e Section 1750e. 94.681 (7) (a) (intro.) of the statutes is renumbered 94.681 (7) (a) and amended to read:

94.681 (7) (a) License fees. The department shall deposit all license fees collected under subs. (2), (5) and (6) (a) 3. in the agrichemical management fund except as follows:.

33,1750f Section 1750f. 94.681 (7) (a) 1. of the statutes is repealed.

33,1750g Section 1750g. 94.681 (7) (a) 2. of the statutes is repealed.

33,1750j Section 1750j. 94.681 (7) (bm) of the statutes is amended to read:

94.681 (7) (bm) Wood preservatives; cleanups surcharge. The department shall deposit the surcharges collected under subs. (3m) and (6) (a) 5. in the environmental agrichemical management fund for environmental management.

33,1750L Section 1750L. 94.681 (7) (c) of the statutes is amended to read:

94.681 (7) (c) Well compensation Primary producer fee. The department shall deposit the well compensation primary producer fees collected under sub. (4) in the environmental agrichemical management fund for environmental management.

33,1754 Section 1754. 94.73 (6) (b) of the statutes is amended to read:

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.

33,1755 Section 1755. 94.73 (6) (c) (intro.) of the statutes is amended to read:

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:

33,1755q Section 1755q. 94.73 (12m) of the statutes is amended to read:

94.73 (12m) Sample collection and analysis. For the purpose of investigating a discharge or exercising its authority under this section, the department may collect and analyze samples of plants, soil, surface water, groundwater and other material at a site if the department determines that probable cause exists to believe that a discharge has occurred at the site and determines that sufficient funds are available in the agricultural chemical cleanup fund to pay a claim that may result from the discharge or that there is reason to believe that the discharge poses a significant risk to human health.