LRBs0488/3
RCT:kmg:jlb
1995 - 1996 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
To 1995 ASSEMBLY BILL 869
February 22, 1996 - Offered by
Committee on Agriculture.
AB869-ASA1,1,10
1An Act to repeal 94.68 (3) (bg) and 94.68 (4) (bm);
to renumber and amend
294.68 (3) (b);
to amend 25.46 (4), 25.465 (1), 25.465 (2), 25.465 (3), 25.465 (4),
325.465 (5), 25.465 (6), 94.64 (3) (c) 1. a. and c. and 2., 94.64 (4) (a), 94.65 (6) (a)
41., 94.68 (3) (a) 2., 94.68 (3) (br), 94.68 (4) (a) 1., 94.68 (4) (b), 94.68 (4) (bt),
594.685 (3), 94.703 (3) (a), 94.704 (3) (a), 94.73 (1) (g), 94.73 (6) (b) 1. and 2., 94.73
6(6) (d) and 159.09 (3) (b); and
to create 25.465 (2m), 25.465 (4m), 94.68 (3) (a)
71m., 94.68 (3) (b) 3. and 94.73 (7) (f) of the statutes;
relating to: fees and
8surcharges concerning pesticides, fertilizers, agricultural lime and soil and
9plant additives and reimbursement for costs incurred because of discharges of
10agricultural chemicals.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB869-ASA1,1,1312
25.46
(4) The moneys specified under s. 94.68 (4) (b)
, (bm) and (bt) for
13groundwater management.
AB869-ASA1,2,2
125.465
(1) The fees
and any surcharges imposed under s. 94.64 (3) (c), (3m) (b)
2and (4) (a) and (d).
AB869-ASA1,2,54
25.465
(2) The fees
and any surcharges imposed under s. 94.65 (2) (a), (3) (b)
5and (6) (a) 1.
AB869-ASA1,2,77
25.465
(2m) The fees imposed under s. 94.66 (4).
AB869-ASA1,2,99
25.465
(3) The fees and
any surcharges specified under s. 94.68 (4) (a).
AB869-ASA1,2,1111
25.465
(4) The fees
and surcharges imposed under s. 94.685 (3).
AB869-ASA1,2,1313
25.465
(4m) The fees imposed under s. 94.702 (3).
AB869-ASA1,2,1515
25.465
(5) The fees
and any surcharges imposed under s. 94.703 (3).
AB869-ASA1,2,1717
25.465
(6) The fees
and any surcharges imposed under s. 94.704 (3).
AB869-ASA1, s. 10
18Section
10. 94.64 (3) (c) 1. a. and c. and 2. of the statutes are amended to read:
AB869-ASA1,2,2219
94.64
(3) (c) 1. a. For each business location and each mobile unit that the
20applicant uses to manufacture fertilizer in this state and that is not licensed under
21s. 94.685 or 94.703,
$50 $25 plus an agricultural chemical clean-up surcharge of $25,
22except that no surcharge is due for the license year beginning on August 15, 1997.
AB869-ASA1,2,2523
c. If the applicant distributes fertilizer but does not manufacture it in this state,
24$50 $25 plus an agricultural chemical clean-up surcharge of $25, except that no
25surcharge is due for the license year beginning on August 15, 1997.
AB869-ASA1,3,2
12. The department shall deposit the fees
and surcharges collected under this
2paragraph in the agrichemical management fund.
AB869-ASA1,3,124
94.64
(4) (a) A person who sells or distributes fertilizer in this state shall pay
5to the department a fee of
70 25 cents per ton
plus an agricultural chemical clean-up
6surcharge of 45 cents per ton for all fertilizers sold or distributed in this state
, except
7that no surcharge is due for fertilizers sold or distributed in this state from July 1,
81996, to June 30, 1997, with a minimum
fee payment of $25 for 25 tons or less.
This 9The fee
shall not be and surcharge are not applicable to fertilizer materials or
10products sold to manufacturers or exchanged between them for further
11manufacturing or further processing. The department shall deposit the fees
and
12surcharges collected under this paragraph in the agrichemical management fund.
AB869-ASA1,3,2014
94.65
(6) (a) 1. Annually by March 31, file with the department a tonnage report
15setting forth the number of tons of each soil or plant additive distributed during the
16preceding year by that person or by any other person authorized under sub. (3) (a)
172. to distribute under the name of that person and pay to the department an
18inspection fee of
70 25 cents per ton
plus an agricultural chemical clean-up
19surcharge of 45 cents per ton so distributed
, except that no surcharge is due for soil
20or plant additives distributed during 1997. The minimum total fee is $25.
AB869-ASA1, s. 13
21Section
13. 94.68 (3) (a) 1m. of the statutes is created to read:
AB869-ASA1,4,222
94.68
(3) (a) 1m. "Industrial pesticide" means a pesticide that is not a
23household pesticide and that either is solely labeled for use on wood and contains
24pentachlorophenol, coal tar creosote or inorganic arsenical wood preservatives or is
25labeled for use in controlling algae, fungi, bacteria, other microscopic organisms or
1mollusks in or on one or more of the following and for no other use except for a use
2described in subd. 1. f. or g.:
AB869-ASA1,4,43
a. Textiles, paper, leather, plastic, vinyl or other synthetic materials, metal or
4rubber.
AB869-ASA1,4,65
b. Paints, varnishes, lubricants, fuels and commercial, manufacturing or
6industrial fluids, including adhesives, additives and pigments.
AB869-ASA1,4,97
c. Commercial, manufacturing or industrial processes, equipment, devices or
8containers, other than those used in the production or storage of human food or
9animal feed.
AB869-ASA1,4,1010
d. Air washing, cooling or heat transfer systems.
AB869-ASA1,4,1111
e. Medical equipment.
AB869-ASA1,4,1212
f. Drinking water or wastewater systems.
AB869-ASA1,4,1514
94.68
(3) (a) 2. "Nonhousehold pesticide" means a pesticide that is not a
15household pesticide
or an industrial pesticide.
AB869-ASA1, s. 15
16Section
15. 94.68 (3) (b) of the statutes is renumbered 94.68 (3) (b) 1. and
17amended to read:
AB869-ASA1,4,2118
94.68
(3) (b) 1. A licensee shall pay an annual license fee for each pesticide
19product to be sold or distributed by the licensee in the license year that is based on
20the volume of the licensee's sales of the pesticide product for use within
the this state
21during the preceding year.
AB869-ASA1,4,23
222. The fee
under this paragraph shall be the following amount for each
23household pesticide product:
AB869-ASA1,4,2424
a. For no sales or sales of less than $25,000,
$235
$265.
AB869-ASA1,4,2525
b. For sales equal to or greater than $25,000, but less than $75,000,
$720 $750.
AB869-ASA1,5,1
1c. For sales equal to or greater than $75,000,
$1,470 $1,500.
AB869-ASA1,5,43
94.68
(3) (b) 3. The fee under this paragraph shall be the following amount for
4each industrial or nonhousehold pesticide:
