Amendment ASA1-AB133

AB133-ASA1,1005,21 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, $860, except that the fee is $760 for the license years that begin on January 1, 1999, and on January 1, 2000, January 1, 2001, and January 1, 2002.

AB133-ASA1,1005,25 3. If the applicant sold at least $75,000 of that product during the preceding year for use in this state, $3,060, except that the fee is $2,760 for the license years that begin on January 1, 1999, and on January 1, 2000, January 1, 2001, and January 1, 2002.

AB133-ASA1, s. 1942 Section 1942. 94.681 (2) (c) 1. to 3. of the statutes are amended to read:

AB133-ASA1,1006,5 94.681 (2) (c) 1. If the applicant sold less than $25,000 of that product during the preceding year for use in this state, $320, except that the fee is $270 for the license years that begin on January 1, 1999, and on January 1, 2000, January 1, 2001, and January 1, 2002.

AB133-ASA1,1006,9 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.

AB133-ASA1,1006,15 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.

AB133-ASA1, s. 1942m Section 1942m. 94.695 of the statutes is created to read:

AB133-ASA1,1006,18 94.695 Pesticide sales and use reporting system. (1) Definitions. In this section:

AB133-ASA1,1006,19 (a) "Household pesticide" has the meaning given in s. 94.681 (1) (a).

AB133-ASA1,1006,20 (b) "Industrial pesticide" has the meaning given in s. 94.681 (1) (b).

AB133-ASA1,1006,21 (c) "Municipality" means a city, village or town.

AB133-ASA1,1006,22 (d) "Nonhousehold pesticide" has the meaning given in s. 94.681 (1) (c).

AB133-ASA1,1006,24 (2) Responsibilities of the department. The department shall do all of the following:

AB133-ASA1,1007,5 (a) Develop and, beginning no later than January 1, 2003, administer a pesticide sales and use reporting system that provides a systematic method for collecting, retaining, analyzing and disseminating data related to pesticide sales and use in this state and that is integrated with statewide geographic information systems.

AB133-ASA1,1007,8 (b) Develop and, beginning no later than the first day of the 13th month beginning after the effective date of this paragraph .... [revisor inserts date], administer a pilot program to test the pesticide sales and use reporting system.

AB133-ASA1,1007,11 (c) Beginning no later than January 1, 2002, provide training and technical assistance to persons required to report under the system in par. (a) and to persons who wish to use the data collected under the system.

AB133-ASA1,1007,15 (d) No later than March 1 annually, beginning in 2004, submit to the legislature under s. 13.172 (2) a report on the system in par. (a), including a summary and analysis of the types and quantity of pesticides sold and applied during the previous calendar year and the areas to which those pesticides were applied.

AB133-ASA1,1007,17 (3) Consultation. The department shall consult and coordinate with all of the following in discharging its responsibilities under sub. (2):

AB133-ASA1,1007,19 (a) The College of Agricultural and Life Sciences of the University of Wisconsin-Madison.

AB133-ASA1,1007,21 (b) Employes of the University of Wisconsin System who are knowledgeable in the area of environmental toxicology.

AB133-ASA1,1007,23 (c) The subunit of the department of natural resources that provides information technology support.

AB133-ASA1,1007,25 (d) The subunit of the department of health and family services that administers health laws.

AB133-ASA1,1008,1 (e) The division of technology services in the department of administration.

AB133-ASA1,1008,2 (f) The state cartographer.

AB133-ASA1,1008,3 (g) The geological and natural history survey.

AB133-ASA1,1008,6 (h) Representatives of the pest management industry, of agricultural, environmental, medical and public health institutions and advocacy groups, of school districts and of local governments.

AB133-ASA1,1008,7 (i) Other interested persons.

AB133-ASA1,1008,11 (4) Rule making. The department shall promulgate rules for the pesticide sales and use reporting system in sub. (2) (a), including rules to ensure the consistent submission and dissemination of accurate pesticide sales and use data. The department shall provide for all of the following in the rules:

AB133-ASA1,1008,12 (a) Technical assistance for persons submitting pesticide sales and use data.

AB133-ASA1,1008,13 (b) Deadlines for submitting pesticide sales and use data.

AB133-ASA1,1008,15 (c) Methods for reviewing and analyzing the accuracy of the reported pesticide sales and use data.

AB133-ASA1,1008,18 (d) Mechanisms by which the department will make the reported pesticide sales and use data available to the public, including through the Internet and computer media.

AB133-ASA1,1008,22 (5) Reporting of sales of nonhousehold and industrial pesticides. Under the pesticide sales and use reporting system in sub. (2) (a), the department shall require manufacturers, distributors and dealers of industrial pesticides and nonhousehold pesticides to report all of the following information:

AB133-ASA1,1008,24 (a) The date of sale, brand name and amount of each industrial pesticide and nonhousehold pesticide sold to each purchaser in this state.

AB133-ASA1,1008,25 (b) The name, address and 9-digit zip code of each purchaser under par. (a).

AB133-ASA1,1009,2 (c) The number of any license or certification under ss. 94.67 to 94.71 held by each purchaser under par. (a).

AB133-ASA1,1009,6 (6) Reporting of certain pesticide applications. Under the pesticide sales and use reporting system in sub. (2) (a), the department shall require commercial applicators and private applicators to report all of the following for each application of an industrial pesticide or nonhousehold pesticide:

AB133-ASA1,1009,10 (a) The type of pesticide applied and its brand name, the name of the pesticide as registered under the federal act, the pesticide registration number assigned to the pesticide under the federal act, the manufacturer of the pesticide and the pesticide's active ingredients.

AB133-ASA1,1009,12 (b) The name and any certification number, under s. 94.705, of the person applying the pesticide.

AB133-ASA1,1009,13 (c) The date and time of the application and the amount of pesticide applied.

AB133-ASA1,1009,15 (d) How the pesticide was applied, including any additives used and the type of application device used.

AB133-ASA1,1009,16 (e) The rate of application of the pesticide.

AB133-ASA1,1009,20 (f) The street address, including 9-digit zip code, and the county of the place at which the pesticide was applied, the location of the application by section, township, range and meridian and an identification of any bodies of water or municipalities adjacent to that location.

AB133-ASA1,1009,21 (g) The size of the area to which the pesticide was applied.

AB133-ASA1,1009,23 (h) The type of site to which the pesticide was applied and the purpose of the application.

AB133-ASA1,1009,25 (i) A description of the crop, commodity, plant, animal, structure, equipment or material to which the pesticide was applied.

AB133-ASA1,1010,1 (j) The weather conditions during the application.

AB133-ASA1,1010,3 (k) The name of the person preparing the report and that person's relationship to the person applying the pesticide.

AB133-ASA1,1010,9 (7) Reporting of household pesticide sales and use. Under the pesticide sales and use reporting system in sub. (2) (a), the department shall collect data on the sale, use and result of use of household pesticides. The department may only require manufacturers and labelers required to be licensed under s. 94.68 to report on the amount of household pesticides sold. The department may purchase information concerning sales of household pesticides from marketing information businesses.

AB133-ASA1,1010,14 (8) Limit on disclosure of certain information. (a) Except as provided in par. (b) or (c), upon written request by a property owner, the department shall treat as confidential information about pesticide sale or use for private agricultural purposes if the information would reveal the property to which a pesticide was applied or the name of the property owner.

AB133-ASA1,1010,16 (b) Paragraph (a) does not apply if the information is requested by any of the following:

AB133-ASA1,1010,18 1. A state or local government for any investigation, subject to any existing confidentiality requirements.

AB133-ASA1,1010,20 2. A governmental agency that makes provisions to protect the confidentiality of the information.

AB133-ASA1,1010,22 3. A researcher or physician who shows a valid need for the information and who makes provisions to protect the confidentiality of the information.

AB133-ASA1,1010,24 4. A state agency or public water supply system for water quality assessment, subject to any existing confidentiality requirements.

AB133-ASA1,1011,2 (c) Paragraph (a) does not apply after July 1, 2001, or after the day after publication of the 2001-03 biennial budget act, whichever is later.

AB133-ASA1, s. 1943 Section 1943. 94.704 (3) (a) 1. of the statutes is amended to read:

AB133-ASA1,1011,6 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.

AB133-ASA1, s. 1944 Section 1944. 94.72 (6) (a) 1. and 2. of the statutes are amended to read:

AB133-ASA1,1011,11 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.

AB133-ASA1,1011,13 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.

AB133-ASA1, s. 1945 Section 1945. 94.72 (6) (a) 3. of the statutes is created to read:

AB133-ASA1,1011,17 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.

AB133-ASA1, s. 1945e Section 1945e. 94.73 (2) (c) of the statutes is amended to read:

AB133-ASA1,1012,4 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.

AB133-ASA1, s. 1945g Section 1945g. 94.73 (7) (a) of the statutes is amended to read:

AB133-ASA1,1012,14 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.

AB133-ASA1, s. 1946 Section 1946. 95.21 (9) (c) of the statutes is created to read:

AB133-ASA1,1012,20 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).

AB133-ASA1, s. 1950m Section 1950m. 98.01 (3) of the statutes is amended to read:

AB133-ASA1,1012,22 98.01 (3) "Municipality" means a city or, village or town.

AB133-ASA1, s. 1951 Section 1951. 98.04 (1) of the statutes is amended to read:

AB133-ASA1,1013,20 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.

AB133-ASA1, s. 1952 Section 1952. 98.04 (2) of the statutes is repealed and recreated to read:

AB133-ASA1,1014,6 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.

AB133-ASA1, s. 1953 Section 1953. 98.16 (2) (b) of the statutes, as affected by 1997 Wisconsin Act 27, section 2552f, is amended to read:

AB133-ASA1,1014,10 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.

AB133-ASA1, s. 1960 Section 1960. 100.261 of the statutes is created to read:

AB133-ASA1,1014,19 100.261 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.

AB133-ASA1,1014,25 (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.

AB133-ASA1,1015,3 (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.

AB133-ASA1,1015,6 (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.

AB133-ASA1,1015,8 2. The amount credited to the appropriation account under s. 20.115 (1) (jb) may not exceed $85,000 in each fiscal year.

AB133-ASA1, s. 1960d Section 1960d. 100.30 (2) (c) 1. b. of the statutes is amended to read:

AB133-ASA1,1015,18 100.30 (2) (c) 1. b. For every person holding a permit as a distributor as defined in s. 139.30 (3) or as a multiple retailer as defined in s. 139.30 (8), with respect to that portion of the person's business which involves the purchase and sale of cigarettes, "cost to wholesaler" means the cost charged by the cigarette manufacturer, disregarding any manufacturer's discount or any discount under s. 139.32 (5), plus the amount of tax imposed under s. 139.31. Except for a sale at wholesale between wholesalers, a markup to cover a proportionate part of the cost of doing business shall be added to the cost to wholesaler. In the absence of proof of a lesser cost, this markup shall be 3% of the cost to wholesaler as set forth in this subd. 1. b.

AB133-ASA1, s. 1960h Section 1960h. 100.30 (2) (f) of the statutes is amended to read:

AB133-ASA1,1015,25 100.30 (2) (f) With respect to the sale of merchandise other than motor vehicle fuel, "retailer" and "wholesaler" shall both be applied to any merchant who buys merchandise for resale at retail from the manufacturer or producer thereof and to any wholesaler under par. (L) 2. and, as to that merchandise or that wholesaler, the terms "cost to retailer" and "cost to wholesaler" as defined in pars. (am) and (c) shall both be applied, including the markup requirements.

AB133-ASA1, s. 1960p Section 1960p. 100.30 (2) (L) (intro.) and 1. of the statutes are consolidated, renumbered 100.30 (2) (L) and amended to read:

AB133-ASA1,1016,8 100.30 (2) (L) (intro.) "Wholesaler" includes every person holding a permit as a multiple retailer under s. 139.30 (8) and every person engaged in the business of making sales at wholesale, other than sales of motor vehicle fuel at wholesale, within this state except as follows: 1. In that in the case of a person engaged in the business of selling both at wholesale and at retail, "wholesaler" applies only to the wholesale portion of that business.