2003 Wisconsin Act 33

(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.

(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.

33,1750 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.

33,1756 Section 1756. 94.73 (15) (a) of the statutes is amended to read:

94.73 (15) (a) The department may, by rule, reduce any of the surcharges in ss. 94.64 (3r) (b) and (4) (a) 5., 94.681 (3), 94.685 (3) (a) 2., 94.703 (3) (a) 2., and 94.704 (3) (a) 2. below the amounts specified in those provisions. The department shall adjust surcharge amounts as necessary to maintain a balance in the agricultural chemical cleanup fund at the end of each fiscal year of at least $2,000,000 but not more than $5,000,000 $2,500,000, but may not increase a surcharge amount over the amount specified in s. 94.64 (3r) (b) or (4) (a) 5., 94.681 (3), 94.685 (3) (a) 2., 94.703 (3) (a) 2., or 94.704 (3) (a) 2.

33,1757 Section 1757. 97.24 (4) (a) of the statutes is amended to read:

97.24 (4) (a) Regulation of the production, processing and distribution of milk and fluid milk products under minimum sanitary requirements which are uniform throughout this state and the United States is essential for the protection of consumers and the economic well-being of the dairy industry, and is therefore a matter of statewide concern; however, nothing in this section shall impair or abridge the power of any municipality or county to regulate milk or fluid milk products under sanitary requirements and standards which are in reasonable accord with those established under this section or the power to impose reasonable license permit and inspection fees which combined shall not exceed the cost of necessary inspection. A municipality or county may not impose any fee for its inspection of milk producers, dairy plant facilities or dairy products which are under the inspection supervision of another governmental unit within or without the state with a valid certification rating made or approved by the department of health and family services. No governmental unit may impose or collect a fee directly from the producer. A license or permit fee not to exceed $25 annually may be imposed on milk distributors licensed under s. 97.22 and on dairy plants under the inspection supervision of another governmental unit which are engaged in the distribution of milk within a municipality or county.

33,1758 Section 1758. 97.24 (4) (b) of the statutes is amended to read:

97.24 (4) (b) No sanitary requirement or standard established under this section or contained in any ordinance may prohibit the sale of milk or fluid milk products which are produced and processed under laws or rules of any governmental unit, within or without this state, which are substantially equivalent to the requirements of the rules promulgated under this section, and which are enforced with equal effectiveness, as determined by a milk sanitation rating made or approved by the department of health and family services, under rules promulgated under this section.

33,1812 Section 1812. 100.261 (2) of the statutes is amended to read:

100.261 (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 protection assessment required under this section. If the deposit is forfeited, the amount of the consumer protection assessment shall be transmitted to the state treasurer secretary of administration under sub. (3). If the deposit is returned, the consumer protection assessment shall also be returned.

33,1813 Section 1813. 100.261 (3) (a) of the statutes is amended to read:

100.261 (3) (a) The clerk of court shall collect and transmit the consumer protection assessment amounts to the county treasurer under s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer secretary of administration under s. 59.25 (3) (f) 2.

33,1815 Section 1815. 100.261 (3) (b) of the statutes is amended to read:

100.261 (3) (b) The state treasurer secretary of administration shall deposit the consumer protection 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 par. (c).

33,1815d Section 1815d. 100.261 (3) (c) of the statutes is amended to read:

100.261 (3) (c) The amount credited to the appropriation account under s. 20.115 (1) (jb) may not exceed $185,000 $375,000 in each fiscal year.

33,1817d Section 1817d. 100.261 (4) of the statutes is created to read:

100.261 (4) (a) For each fiscal year, beginning with fiscal year 2003-04, the department of agriculture, trade and consumer protection shall determine the total amount of all assessments that were not imposed by a court as required under sub. (1) during that fiscal year in court actions that were commenced on or after the effective date of this paragraph .... [revisor inserts date], by the department of justice under ch. 100. The department of agriculture, trade and consumer protection shall make this determination before the August 1 immediately following the fiscal year.

(b) 1. Before the September 1 immediately following the August 1 deadline under par. (a), the secretary of administration shall transfer from any of the department of justice's sum certain, general purpose revenue state operations appropriations, or from any combination of those appropriations, to the appropriation account under s. 20.115 (1) (km) a total amount equal to the amount determined by the department of agriculture, trade and consumer protection under par. (a), subject to subd. 2.

2. If the sum of the amounts credited to the appropriation accounts under s. 20.115 (1) (jb) and (km) exceeds $375,000 in any fiscal year, the secretary of administration shall lapse the amount exceeding $375,000 in that fiscal year from the appropriation account under s. 20.115 (1) (km) to the general fund.

33,1835 Section 1835. 101.055 (8) (b) of the statutes is amended to read:

101.055 (8) (b) A state employee who believes that he or she has been discharged or otherwise discriminated against by a public employer in violation of par. (ar) may file a complaint with the personnel commission alleging discrimination or discharge, within 30 days after the employee received knowledge of the discrimination or discharge. A public employee other than a state employee who believes that he or she has been discharged or otherwise discriminated against by a public employer in violation of par. (ar) may file a complaint with the division of equal rights alleging discrimination or discharge, within 30 days after the employee received knowledge of the discrimination or discharge.

33,1836 Section 1836. 101.055 (8) (c) of the statutes is amended to read:

101.055 (8) (c) Upon receipt of a complaint, the personnel commission or the division of equal rights, whichever is applicable, shall, except as provided in s. 230.45 (1m), investigate the complaint and determine whether there is probable cause to believe that a violation of par. (ar) has occurred. If the personnel commission or the division of equal rights finds probable cause it shall attempt to resolve the complaint by conference, conciliation or persuasion. If the complaint is not resolved, the personnel commission or the division of equal rights shall hold a hearing on the complaint within 60 days after receipt of the complaint unless both parties to the proceeding agree otherwise. Within 30 days after the close of the hearing, the personnel commission or the division of equal rights shall issue its decision. If the personnel commission or the division of equal rights determines that a violation of par. (ar) has occurred, it shall order appropriate relief for the employee, including restoration of the employee to his or her former position with back pay, and shall order any action necessary to ensure that no further discrimination occurs. If the personnel commission or the division of equal rights determines that there has been no violation of par. (ar), it shall issue an order dismissing the complaint.

33,1837 Section 1837. 101.055 (8) (d) of the statutes is amended to read:

101.055 (8) (d) Orders of the personnel commission and the division of equal rights under this subsection are subject to judicial review under ch. 227.

33,1839 Section 1839. 101.143 (9m) (g) 2. of the statutes is amended to read:

101.143 (9m) (g) 2. Revenue obligations issued under this subsection may not exceed $342,000,000 $436,000,000 in principal amount, excluding any obligations that have been defeased under a cash optimization program administered by the building commission. In addition to this limit on principal amount, the building commission may contract revenue obligations under this subsection as the building commission determines is desirable to fund or refund outstanding revenue obligations, to pay issuance or administrative expenses, to make deposits to reserve funds, or to pay accrued or capitalized interest.

33,1841 Section 1841. 101.563 (2) (a) of the statutes is amended to read:

101.563 (2) (a) Payments from calendar year 2000 dues. Notwithstanding s. 101.573 (3) (a), the department shall pay every city, village, and town that is entitled to payment under sub. (1) (a) the amount to which that city, village, or town would have been entitled to receive on or before August 1, 2001, had the city, village, or town been eligible to receive a payment on that date. The department shall calculate the amount due under this paragraph as if every city, village, and town maintaining a fire department was eligible to receive a payment on that date. By the date on which the department provides a certification or recertification to the state treasurer secretary of administration under par. (b) 1., the department shall certify to the state treasurer secretary of administration the amount to be paid to each city, village, and town under this paragraph. On or before August 1, 2002, the state treasurer secretary of administration shall pay the amount certified by the department under this paragraph to each such city, village, and town. The state treasurer secretary of administration may combine any payment due under this paragraph with any amount due to be paid on or before August 1, 2002, to the same city, village, or town under par. (b) 1.

33,1842 Section 1842. 101.563 (2) (b) 1. of the statutes is amended to read:

101.563 (2) (b) 1. `Payments from calendar year 2001 dues.' Notwithstanding s. 101.575 101.573 (3) (a), by the 30th day following July 30, 2002, the department shall compile the fire department dues paid by all insurers under s. 601.93 and the dues paid by the state fire fund under s. 101.573 (1) and funds remaining under s. 101.573 (3) (b), subtract the total amount due to be paid under par. (a), withhold 0.5%, and certify to the state treasurer secretary of administration the proper amount to be paid from the appropriation under s. 20.143 (3) (L) to each city, village, and town entitled to a proportionate share of fire department dues as provided under sub. (1) (b) and s. 101.575. If the department has previously certified an amount to the state treasurer secretary of administration under s. 101.57 101.573 (3) (a) during calendar year 2002, the department shall recertify the amount in the manner provided under this subdivision. On or before August 1, 2002, the state treasurer secretary of administration shall pay the amounts certified or recertified by the department under this subdivision to each city, village, and town entitled to a proportionate share of fire department dues as provided under sub. (1) and s. 101.575. The state treasurer secretary of administration may combine any payment due under this subdivision with any amount due to be paid on or before August 1, 2002, to the same city, village, or town under par. (a).

33,1843 Section 1843. 101.563 (2) (b) 2. of the statutes is amended to read:

101.563 (2) (b) 2. `Payments from dues for calendar years 2002 to 2004.' Notwithstanding s. 101.573 (3) (a) and except as otherwise provided in this subdivision, on or before May 1 in each year, the department shall compile the fire department dues paid by all insurers under s. 601.93 and the dues paid by the state fire fund under s. 101.573 (1) and funds remaining under s. 101.573 (3) (b), withhold 0.5% and certify to the state treasurer secretary of administration the proper amount to be paid from the appropriation under s. 20.143 (3) (L) to each city, village, and town entitled to a proportionate share of fire department dues as provided under sub. (1) (b) and s. 101.575. Annually, on or before August 1, the state treasurer secretary of administration shall pay the amounts certified by the department to each such city, village, and town. This paragraph applies only to payment of a proportionate share of fire department dues collected for calendar years 2002 to 2004.

33,1844 Section 1844. 101.563 (2) (b) 3. of the statutes is amended to read:

101.563 (2) (b) 3. The amounts withheld under subds. 1. and 2. shall be disbursed to correct errors of the department or the commissioner of insurance. The department shall certify to the state treasurer secretary of administration the amount that must be disbursed to correct an error and the state treasurer secretary of administration shall pay the amount to the specified city, village, or town. The balance of the amount withheld in a calendar year under subds. subd. 1. or 2., as applicable, which is not disbursed under this subdivision shall be included in the total compiled by the department under subd. 2. for the next calendar year, except that amounts withheld under subd. 2. from fire department dues collected for calendar year 2004 that are not disbursed under this subdivision shall be included in the total compiled by the department under s. 101.573 (3) (a) for the next calendar year. If errors in payments exceed the amount withheld, adjustments shall be made in the distribution for the next year.

33,1845 Section 1845. 101.573 (1) of the statutes is amended to read:

101.573 (1) The department shall include in the compilation and certification of fire department dues under sub. (3) 2% of the premiums paid to the state fire fund for the insurance of any public property, other than state property. The department shall notify the state treasurer secretary of administration of the amount certified under this subsection and the state treasurer secretary of administration shall charge the amount to the state fire fund.

33,1846 Section 1846. 101.573 (3) (a) of the statutes is amended to read:

101.573 (3) (a) On or before May 1 in each year, the department shall compile the fire department dues paid by all insurers under s. 601.93 and the dues paid by the state fire fund under sub. (1) and funds remaining under par. (b), withhold .5% and certify to the state treasurer secretary of administration the proper amount to be paid from the appropriation under s. 20.143 (3) (L) to each city, village, or town entitled to fire department dues under s. 101.575. Annually, on or before August 1, the state treasurer secretary of administration shall pay the amounts certified by the department to the cities, villages and towns eligible under s. 101.575.

33,1847 Section 1847. 101.573 (3) (b) of the statutes is amended to read:

101.573 (3) (b) The amount withheld under par. (a) shall be disbursed to correct errors of the department or the commissioner of insurance or for payments to cities, villages, or towns which are first determined to be eligible for payments under par. (a) after May 1. The department shall certify to the state treasurer secretary of administration, as near as is practical, the amount which would have been payable to the municipality if payment had been properly disbursed under par. (a) on or prior to May 1, except the amount payable to any municipality first eligible after May 1 shall be reduced by 1.5% for each month or portion of a month which expires after May 1 and prior to the eligibility determination. The state treasurer secretary of administration shall pay the amount certified to the city, village, or town. The balance of the amount withheld in a calendar year under par. (a) which is not disbursed under this paragraph shall be included in the total compiled by the department under par. (a) for the next calendar year. If errors in payments exceed the amount set aside for error payments, adjustments shall be made in the distribution for the next year.

33,1848 Section 1848. 101.573 (4) of the statutes is amended to read:

101.573 (4) The department shall transmit to the treasurer of each city, village, and town entitled to fire department dues, a statement of the amount of dues payable to it, and the commissioner of insurance shall furnish to the state treasurer secretary of administration, upon request, a list of the insurers paying dues under s. 601.93 and the amount paid by each.

33,1850 Section 1850. 102.28 (7) (a) of the statutes is amended to read:

102.28 (7) (a) If an employer who is currently or was formerly exempted by written order of the department under sub. (2) is unable to pay an award, judgment is rendered in accordance with s. 102.20 against that employer, and execution is levied and returned unsatisfied in whole or in part, payments for the employer's liability shall be made from the fund established under sub. (8). If a currently or formerly exempted employer files for bankruptcy and not less than 60 days after that filing the department has reason to believe that compensation payments due are not being paid, the department in its discretion may make payment for the employer's liability from the fund established under sub. (8). The state treasurer secretary of administration shall proceed to recover such payments from the employer or the employer's receiver or trustee in bankruptcy, and may commence an action or proceeding or file a claim therefor. The attorney general shall appear on behalf of the state treasurer secretary of administration in any such action or proceeding. All moneys recovered in any such action or proceeding shall be paid into the fund established under sub. (8).

33,1851 Section 1851. 102.63 of the statutes is amended to read:

102.63 Refunds by state. Whenever the department shall certify to the state treasurer secretary of administration that excess payment has been made under s. 102.59 or under s. 102.49 (5) either because of mistake or otherwise, the state treasurer secretary of administration shall within 5 days after receipt of such certificate draw an order against the fund in the state treasury into which such excess was paid, reimbursing such payor of such excess payment, together with interest actually earned thereon if the excess payment has been on deposit for at least 6 months.

33,1853 Section 1853. 102.85 (4) (c) of the statutes is amended to read:

102.85 (4) (c) If any deposit is made for an offense to which this section applies, the person making the deposit shall also deposit a sufficient amount to include the uninsured employer assessment prescribed in this section. If the deposit is forfeited, the amount of the uninsured employer assessment shall be transmitted to the state treasurer secretary of administration under par. (d). If the deposit is returned, the uninsured employer assessment shall also be returned.

33,1854 Section 1854. 102.85 (4) (d) of the statutes is amended to read:

102.85 (4) (d) The clerk of the court shall collect and transmit to the county treasurer the uninsured employer assessment and other amounts required under s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer secretary of administration as provided in s. 59.25 (3) (f) 2. The state treasurer secretary of administration shall deposit the amount of the uninsured employer assessment, together with any interest thereon, in the uninsured employers fund as provided in s. 102.80 (1).

33,1855 Section 1855. 103.10 (12) (a) of the statutes is repealed.

33,1857m Section 1857m. 103.98 of the statutes is created to read:

103.98 Compulsive gambling grants. From the appropriation account under s. 20.445 (1) (kv), the department shall distribute $50,000 in each fiscal year as grants to organizations that assist persons who are African American with compulsive gambling issues and $50,000 in each fiscal year as grants to organizations that assist persons of Southeast Asian origin with compulsive gambling issues.

33,1858 Section 1858. 106.01 (11) of the statutes is repealed.

33,1859 Section 1859. 106.09 (4) of the statutes is repealed.

33,1860 Section 1860. 106.09 (5) of the statutes is amended to read:

106.09 (5) The department is authorized and directed to cooperate with the U.S. employment service in the administration of said act and in carrying out all agreements made thereunder its functions.

33,1861 Section 1861. 106.09 (6) of the statutes is repealed.