Amendment ASA1-AB869

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 An Act to repeal 94.68 (3) (bg) and 94.68 (4) (bm); to renumber and amend 94.68 (3) (b); to amend 25.46 (4), 25.465 (1), 25.465 (2), 25.465 (3), 25.465 (4), 25.465 (5), 25.465 (6), 94.64 (3) (c) 1. a. and c. and 2., 94.64 (4) (a), 94.65 (6) (a) 1., 94.68 (3) (a) 2., 94.68 (3) (br), 94.68 (4) (a) 1., 94.68 (4) (b), 94.68 (4) (bt), 94.685 (3), 94.703 (3) (a), 94.704 (3) (a), 94.73 (1) (g), 94.73 (6) (b) 1. and 2., 94.73 (6) (d) and 159.09 (3) (b); and to create 25.465 (2m), 25.465 (4m), 94.68 (3) (a) 1m., 94.68 (3) (b) 3. and 94.73 (7) (f) of the statutes; relating to: fees and surcharges concerning pesticides, fertilizers, agricultural lime and soil and plant additives and reimbursement for costs incurred because of discharges of agricultural chemicals.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB869-ASA1, s. 1 Section 1. 25.46 (4) of the statutes is amended to read:

AB869-ASA1,1,13 25.46 (4) The moneys specified under s. 94.68 (4) (b), (bm) and (bt) for groundwater management.

AB869-ASA1, s. 2 Section 2. 25.465 (1) of the statutes is amended to read:

AB869-ASA1,2,2 25.465 (1) The fees and any surcharges imposed under s. 94.64 (3) (c), (3m) (b) and (4) (a) and (d).

AB869-ASA1, s. 3 Section 3. 25.465 (2) of the statutes is amended to read:

AB869-ASA1,2,5 25.465 (2) The fees and any surcharges imposed under s. 94.65 (2) (a), (3) (b) and (6) (a) 1.

AB869-ASA1, s. 4 Section 4. 25.465 (2m) of the statutes is created to read:

AB869-ASA1,2,7 25.465 (2m) The fees imposed under s. 94.66 (4).

AB869-ASA1, s. 5 Section 5. 25.465 (3) of the statutes is amended to read:

AB869-ASA1,2,9 25.465 (3) The fees and any surcharges specified under s. 94.68 (4) (a).

AB869-ASA1, s. 6 Section 6. 25.465 (4) of the statutes is amended to read:

AB869-ASA1,2,11 25.465 (4) The fees and surcharges imposed under s. 94.685 (3).

AB869-ASA1, s. 7 Section 7. 25.465 (4m) of the statutes is created to read:

AB869-ASA1,2,13 25.465 (4m) The fees imposed under s. 94.702 (3).

AB869-ASA1, s. 8 Section 8. 25.465 (5) of the statutes is amended to read:

AB869-ASA1,2,15 25.465 (5) The fees and any surcharges imposed under s. 94.703 (3).

AB869-ASA1, s. 9 Section 9. 25.465 (6) of the statutes is amended to read:

AB869-ASA1,2,17 25.465 (6) The fees and any surcharges imposed under s. 94.704 (3).

AB869-ASA1, s. 10 Section 10. 94.64 (3) (c) 1. a. and c. and 2. of the statutes are amended to read:

AB869-ASA1,2,22 94.64 (3) (c) 1. a. For each business location and each mobile unit that the applicant uses to manufacture fertilizer in this state and that is not licensed under s. 94.685 or 94.703, $50 $25 plus an agricultural chemical clean-up surcharge of $25, except that no surcharge is due for the license year beginning on August 15, 1997.

AB869-ASA1,2,25 c. If the applicant distributes fertilizer but does not manufacture it in this state, $50 $25 plus an agricultural chemical clean-up surcharge of $25, except that no surcharge is due for the license year beginning on August 15, 1997.

AB869-ASA1,3,2 2. The department shall deposit the fees and surcharges collected under this paragraph in the agrichemical management fund.

AB869-ASA1, s. 11 Section 11. 94.64 (4) (a) of the statutes is amended to read:

AB869-ASA1,3,12 94.64 (4) (a) A person who sells or distributes fertilizer in this state shall pay to the department a fee of 70 25 cents per ton plus an agricultural chemical clean-up surcharge of 45 cents per ton for all fertilizers sold or distributed in this state, except that no surcharge is due for fertilizers sold or distributed in this state from July 1, 1996, to June 30, 1997, with a minimum fee payment of $25 for 25 tons or less. This The fee shall not be and surcharge are not applicable to fertilizer materials or products sold to manufacturers or exchanged between them for further manufacturing or further processing. The department shall deposit the fees and surcharges collected under this paragraph in the agrichemical management fund.

AB869-ASA1, s. 12 Section 12. 94.65 (6) (a) 1. of the statutes is amended to read:

AB869-ASA1,3,20 94.65 (6) (a) 1. Annually by March 31, file with the department a tonnage report setting forth the number of tons of each soil or plant additive distributed during the preceding year by that person or by any other person authorized under sub. (3) (a) 2. to distribute under the name of that person and pay to the department an inspection fee of 70 25 cents per ton plus an agricultural chemical clean-up surcharge of 45 cents per ton so distributed, except that no surcharge is due for soil or plant additives distributed during 1997. The minimum total fee is $25.

AB869-ASA1, s. 13 Section 13. 94.68 (3) (a) 1m. of the statutes is created to read:

AB869-ASA1,4,2 94.68 (3) (a) 1m. "Industrial pesticide" means a pesticide that is not a household pesticide and that either is solely labeled for use on wood and contains pentachlorophenol, coal tar creosote or inorganic arsenical wood preservatives or is labeled for use in controlling algae, fungi, bacteria, other microscopic organisms or mollusks in or on one or more of the following and for no other use except for a use described in subd. 1. f. or g.:

AB869-ASA1,4,4 a. Textiles, paper, leather, plastic, vinyl or other synthetic materials, metal or rubber.

AB869-ASA1,4,6 b. Paints, varnishes, lubricants, fuels and commercial, manufacturing or industrial fluids, including adhesives, additives and pigments.

AB869-ASA1,4,9 c. Commercial, manufacturing or industrial processes, equipment, devices or containers, other than those used in the production or storage of human food or animal feed.

AB869-ASA1,4,10 d. Air washing, cooling or heat transfer systems.

AB869-ASA1,4,11 e. Medical equipment.

AB869-ASA1,4,12 f. Drinking water or wastewater systems.

AB869-ASA1, s. 14 Section 14. 94.68 (3) (a) 2. of the statutes is amended to read:

AB869-ASA1,4,15 94.68 (3) (a) 2. "Nonhousehold pesticide" means a pesticide that is not a household pesticide or an industrial pesticide.

AB869-ASA1, s. 15 Section 15. 94.68 (3) (b) of the statutes is renumbered 94.68 (3) (b) 1. and amended to read:

AB869-ASA1,4,21 94.68 (3) (b) 1. A licensee shall pay an annual license fee for each pesticide product to be sold or distributed by the licensee in the license year that is based on the volume of the licensee's sales of the pesticide product for use within the this state during the preceding year.

AB869-ASA1,4,23 2. The fee under this paragraph shall be the following amount for each household pesticide product:

AB869-ASA1,4,24 a. For no sales or sales of less than $25,000, $235 $265.

AB869-ASA1,4,25 b. For sales equal to or greater than $25,000, but less than $75,000, $720 $750.

AB869-ASA1,5,1 c. For sales equal to or greater than $75,000, $1,470 $1,500.

AB869-ASA1, s. 16 Section 16. 94.68 (3) (b) 3. of the statutes is created to read:

AB869-ASA1,5,4 94.68 (3) (b) 3. The fee under this paragraph shall be the following amount for each industrial or nonhousehold pesticide:

AB869-ASA1,5,5 a. For no sales or sales of less than $25,000, $315.

AB869-ASA1,5,6 b. For sales equal to or greater than $25,000, but less than $75,000, $860.

AB869-ASA1,5,7 c. For sales equal to or greater than $75,000, $3,060.

AB869-ASA1, s. 17 Section 17. 94.68 (3) (bg) of the statutes is repealed.

AB869-ASA1, s. 18 Section 18. 94.68 (3) (br) of the statutes is amended to read:

AB869-ASA1,5,15 94.68 (3) (br) In addition to the fees under par. (b), a licensee shall pay a an agricultural chemical clean-up surcharge for each nonhousehold pesticide product to be sold or distributed by the licensee in the license year that is based on the volume of the licensee's sales of the nonhousehold pesticide product for use within the state during the preceding year, except that no surcharge is due on sales from October 1, 1995, to September 30, 1996. The surcharge shall be the following amount:

AB869-ASA1,5,16 1. For no sales or sales of less than $25,000, $90 $10.

AB869-ASA1,5,17 2. For sales equal to or greater than $25,000, but less than $75,000, $340 $200.

AB869-ASA1,5,19 3. For sales equal to or greater than $75,000, an amount equal to the sum of $1,590 plus 1.3% of those sales.

AB869-ASA1, s. 19 Section 19. 94.68 (4) (a) 1. of the statutes is amended to read:

AB869-ASA1,5,23 94.68 (4) (a) 1. An amount equal to the difference between all of the license fees received under sub. (3) (b), (c) and (e) and all of the amounts deposited under pars. (b), (bm) (bt) and (c).

AB869-ASA1, s. 20 Section 20. 94.68 (4) (b) of the statutes is amended to read:

AB869-ASA1,6,3 94.68 (4) (b) The department shall deposit in the environmental fund for groundwater management an amount equal to $50 of the amount received for each household pesticide product under sub. (3) (b), (c) and (e).

AB869-ASA1, s. 21 Section 21. 94.68 (4) (bm) of the statutes is repealed.

AB869-ASA1, s. 22 Section 22. 94.68 (4) (bt) of the statutes is amended to read:

AB869-ASA1,6,9 94.68 (4) (bt) The department shall deposit in the environmental fund for groundwater management all of the an amount equal to $30 for each household pesticide product under sub. (3) (b), (c) and (e) for hazardous waste collection and disposal surcharges received under sub. (3) (bg).

AB869-ASA1, s. 23 Section 23. 94.685 (3) of the statutes is amended to read:

AB869-ASA1,6,19 94.685 (3) A licensee shall pay an annual license fee for each location from which the licensee sells restricted-use pesticides, including any new location opened during the license period. A licensee who opens a new sales location during the license period may not sell a restricted-use pesticide from the new location unless the licensee has paid the license fee for that new sales location. The amount of the license fee is $100 $50 plus an agricultural chemical clean-up surcharge of $50 for each location, except that if the a location is also licensed under s. 94.703 the license fee is $50 surcharge does not apply to that location and except that for the license year beginning on January 1, 1997, no surcharge is due under this subsection.

AB869-ASA1, s. 24 Section 24. 94.703 (3) (a) of the statutes is amended to read:

AB869-ASA1,7,2 94.703 (3) (a) A licensee under this section shall pay an annual license fee of $125 $50 plus an agricultural chemical clean-up surcharge of $75. If the licensee operates from more than one business location in this state, the licensee shall also pay a fee of $125 the license fee and the surcharge for each additional business location operated by the licensee, including each new business location added during the license year. No agricultural chemical clean-up surcharge is due under this paragraph for the license year beginning on January 1, 1997.

AB869-ASA1, s. 25 Section 25. 94.704 (3) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB869-ASA1,7,10 94.704 (3) (a) Except as provided under par. (b), a licensee under this section shall pay an annual license fee of $60 $35 plus an agricultural chemical clean-up surcharge of $25, except that no agricultural chemical clean-up surcharge is due for the license year beginning on January 1, 1997. The department shall deposit all license fees and surcharges collected under this paragraph in the agrichemical management fund.