AB133-ASA1,1005,2118 2. If the applicant sold at least $25,000 but less than $75,000 of the product
19during the preceding year for use in this state, $860, except that the fee is $760 for
20the license years that begin on January 1, 1999, and on January 1, 2000, January
211, 2001, and January 1, 2002
.
AB133-ASA1,1005,2522 3. If the applicant sold at least $75,000 of that product during the preceding
23year for use in this state, $3,060, except that the fee is $2,760 for the license years
24that begin on January 1, 1999, and on January 1, 2000, January 1, 2001, and
25January 1, 2002
.
AB133-ASA1, s. 1942
1Section 1942. 94.681 (2) (c) 1. to 3. of the statutes are amended to read:
AB133-ASA1,1006,52 94.681 (2) (c) 1. If the applicant sold less than $25,000 of that product during
3the preceding year for use in this state, $320, except that the fee is $270 for the license
4years that begin on January 1, 1999, and on January 1, 2000, January 1, 2001, and
5January 1, 2002
.
AB133-ASA1,1006,96 2. If the applicant sold at least $25,000 but less than $75,000 of the product
7during the preceding year for use in this state, $890, except that the fee is $790 for
8the license years that begin on January 1, 1999, and on January 1, 2000, January
91, 2001, and January 1, 2002
.
AB133-ASA1,1006,1510 3. If the applicant sold at least $75,000 of the product during the preceding year
11for use in this state, $3,060 plus 0.2% of the gross revenues from sales of the product
12during the preceding year for use in this state, except that for the license years that
13begin on January 1, 1999, and on January 1, 2000, January 1, 2001, and January 1,
142002,
the fee shall be $2,760 plus 0.2% of the gross revenues from sales of the product
15during the preceding year for use in this state.
AB133-ASA1, s. 1942m 16Section 1942m. 94.695 of the statutes is created to read:
AB133-ASA1,1006,18 1794.695 Pesticide sales and use reporting system. (1) Definitions. In this
18section:
AB133-ASA1,1006,1919 (a) "Household pesticide" has the meaning given in s. 94.681 (1) (a).
AB133-ASA1,1006,2020 (b) "Industrial pesticide" has the meaning given in s. 94.681 (1) (b).
AB133-ASA1,1006,2121 (c) "Municipality" means a city, village or town.
AB133-ASA1,1006,2222 (d) "Nonhousehold pesticide" has the meaning given in s. 94.681 (1) (c).
AB133-ASA1,1006,24 23(2) Responsibilities of the department. The department shall do all of the
24following:
AB133-ASA1,1007,5
1(a) Develop and, beginning no later than January 1, 2003, administer a
2pesticide sales and use reporting system that provides a systematic method for
3collecting, retaining, analyzing and disseminating data related to pesticide sales and
4use in this state and that is integrated with statewide geographic information
5systems.
AB133-ASA1,1007,86 (b) Develop and, beginning no later than the first day of the 13th month
7beginning after the effective date of this paragraph .... [revisor inserts date],
8administer a pilot program to test the pesticide sales and use reporting system.
AB133-ASA1,1007,119 (c) Beginning no later than January 1, 2002, provide training and technical
10assistance to persons required to report under the system in par. (a) and to persons
11who wish to use the data collected under the system.
AB133-ASA1,1007,1512 (d) No later than March 1 annually, beginning in 2004, submit to the legislature
13under s. 13.172 (2) a report on the system in par. (a), including a summary and
14analysis of the types and quantity of pesticides sold and applied during the previous
15calendar year and the areas to which those pesticides were applied.
AB133-ASA1,1007,17 16(3) Consultation. The department shall consult and coordinate with all of the
17following in discharging its responsibilities under sub. (2):
AB133-ASA1,1007,1918 (a) The College of Agricultural and Life Sciences of the University of
19Wisconsin-Madison.
AB133-ASA1,1007,2120 (b) Employes of the University of Wisconsin System who are knowledgeable in
21the area of environmental toxicology.
AB133-ASA1,1007,2322 (c) The subunit of the department of natural resources that provides
23information technology support.
AB133-ASA1,1007,2524 (d) The subunit of the department of health and family services that
25administers health laws.
AB133-ASA1,1008,1
1(e) The division of technology services in the department of administration.
AB133-ASA1,1008,22 (f) The state cartographer.
AB133-ASA1,1008,33 (g) The geological and natural history survey.
AB133-ASA1,1008,64 (h) Representatives of the pest management industry, of agricultural,
5environmental, medical and public health institutions and advocacy groups, of
6school districts and of local governments.
AB133-ASA1,1008,77 (i) Other interested persons.
AB133-ASA1,1008,11 8(4) Rule making. The department shall promulgate rules for the pesticide sales
9and use reporting system in sub. (2) (a), including rules to ensure the consistent
10submission and dissemination of accurate pesticide sales and use data. The
11department shall provide for all of the following in the rules:
AB133-ASA1,1008,1212 (a) Technical assistance for persons submitting pesticide sales and use data.
AB133-ASA1,1008,1313 (b) Deadlines for submitting pesticide sales and use data.
AB133-ASA1,1008,1514 (c) Methods for reviewing and analyzing the accuracy of the reported pesticide
15sales and use data.
AB133-ASA1,1008,1816 (d) Mechanisms by which the department will make the reported pesticide
17sales and use data available to the public, including through the Internet and
18computer media.
AB133-ASA1,1008,22 19(5) Reporting of sales of nonhousehold and industrial pesticides. Under the
20pesticide sales and use reporting system in sub. (2) (a), the department shall require
21manufacturers, distributors and dealers of industrial pesticides and nonhousehold
22pesticides to report all of the following information:
AB133-ASA1,1008,2423 (a) The date of sale, brand name and amount of each industrial pesticide and
24nonhousehold pesticide sold to each purchaser in this state.
AB133-ASA1,1008,2525 (b) The name, address and 9-digit zip code of each purchaser under par. (a).
AB133-ASA1,1009,2
1(c) The number of any license or certification under ss. 94.67 to 94.71 held by
2each purchaser under par. (a).
AB133-ASA1,1009,6 3(6) Reporting of certain pesticide applications. Under the pesticide sales and
4use reporting system in sub. (2) (a), the department shall require commercial
5applicators and private applicators to report all of the following for each application
6of an industrial pesticide or nonhousehold pesticide:
AB133-ASA1,1009,107 (a) The type of pesticide applied and its brand name, the name of the pesticide
8as registered under the federal act, the pesticide registration number assigned to the
9pesticide under the federal act, the manufacturer of the pesticide and the pesticide's
10active ingredients.
AB133-ASA1,1009,1211 (b) The name and any certification number, under s. 94.705, of the person
12applying the pesticide.
AB133-ASA1,1009,1313 (c) The date and time of the application and the amount of pesticide applied.
AB133-ASA1,1009,1514 (d) How the pesticide was applied, including any additives used and the type
15of application device used.
AB133-ASA1,1009,1616 (e) The rate of application of the pesticide.
AB133-ASA1,1009,2017 (f) The street address, including 9-digit zip code, and the county of the place
18at which the pesticide was applied, the location of the application by section,
19township, range and meridian and an identification of any bodies of water or
20municipalities adjacent to that location.
AB133-ASA1,1009,2121 (g) The size of the area to which the pesticide was applied.
AB133-ASA1,1009,2322 (h) The type of site to which the pesticide was applied and the purpose of the
23application.
AB133-ASA1,1009,2524 (i) A description of the crop, commodity, plant, animal, structure, equipment
25or material to which the pesticide was applied.
AB133-ASA1,1010,1
1(j) The weather conditions during the application.
AB133-ASA1,1010,32 (k) The name of the person preparing the report and that person's relationship
3to the person applying the pesticide.
AB133-ASA1,1010,9 4(7) Reporting of household pesticide sales and use. Under the pesticide sales
5and use reporting system in sub. (2) (a), the department shall collect data on the sale,
6use and result of use of household pesticides. The department may only require
7manufacturers and labelers required to be licensed under s. 94.68 to report on the
8amount of household pesticides sold. The department may purchase information
9concerning sales of household pesticides from marketing information businesses.
AB133-ASA1,1010,14 10(8) Limit on disclosure of certain information. (a) Except as provided in par.
11(b) or (c), upon written request by a property owner, the department shall treat as
12confidential information about pesticide sale or use for private agricultural purposes
13if the information would reveal the property to which a pesticide was applied or the
14name of the property owner.
AB133-ASA1,1010,1615 (b) Paragraph (a) does not apply if the information is requested by any of the
16following:
AB133-ASA1,1010,1817 1. A state or local government for any investigation, subject to any existing
18confidentiality requirements.
AB133-ASA1,1010,2019 2. A governmental agency that makes provisions to protect the confidentiality
20of the information.
AB133-ASA1,1010,2221 3. A researcher or physician who shows a valid need for the information and
22who makes provisions to protect the confidentiality of the information.
AB133-ASA1,1010,2423 4. A state agency or public water supply system for water quality assessment,
24subject to any existing confidentiality requirements.
AB133-ASA1,1011,2
1(c) Paragraph (a) does not apply after July 1, 2001, or after the day after
2publication of the 2001-03 biennial budget act, whichever is later.
AB133-ASA1, s. 1943 3Section 1943. 94.704 (3) (a) 1. of the statutes is amended to read:
AB133-ASA1,1011,64 94.704 (3) (a) 1. A license fee of $40, except that the license fee is $30 for the
5license years that begin on January 1, 1999, and on January 1, 2000, January 1,
62001, and January 1, 2002
.
AB133-ASA1, s. 1944 7Section 1944. 94.72 (6) (a) 1. and 2. of the statutes are amended to read:
AB133-ASA1,1011,118 94.72 (6) (a) 1. For commercial feeds distributed in this state during the years
9that begin on January 1, 1998, and on January 1, 1999, 15
, beginning on the effective
10date of this subdivision .... [revisor inserts date], and ending on December 31, 2001,
11a feed inspection fee of 13
cents per ton.
AB133-ASA1,1011,1312 2. For commercial feeds distributed in this state on or after January 1, 2000,
1325
2002, a feed inspection fee of 23 cents per ton.
AB133-ASA1, s. 1945 14Section 1945. 94.72 (6) (a) 3. of the statutes is created to read:
AB133-ASA1,1011,1715 94.72 (6) (a) 3. Beginning on the effective date of this subdivision .... [revisor
16inserts date], for commercial feeds distributed in this state a weights and measures
17inspection fee of 2 cents per ton.
AB133-ASA1, s. 1945e 18Section 1945e. 94.73 (2) (c) of the statutes is amended to read:
AB133-ASA1,1012,419 94.73 (2) (c) The department may issue an order under par. (a) on a summary
20basis without prior notice or a prior hearing if the department determines that a
21summary order is necessary to prevent imminent harm to public health or safety or
22to the environment. If the recipient of a summary order requests a hearing on that
23order, the department shall hold a hearing within 10 days after it receives the
24request unless the recipient agrees to a later hearing date. The department is not
25required to stay enforcement of a summary order issued under this paragraph

1pending the outcome of the hearing. If the responsible person prevails after a
2hearing, the department shall reimburse the responsible person from the
3appropriation account under s. 20.115 (7) (e) or (wm) for the corrective action costs
4incurred as the result of the department's order.
AB133-ASA1, s. 1945g 5Section 1945g. 94.73 (7) (a) of the statutes is amended to read:
AB133-ASA1,1012,146 94.73 (7) (a) The department may make payments to a responsible person who
7is eligible for reimbursement under sub. (3) if the department has authorized
8reimbursement to that person under sub. (6). The department shall make payment
9from the appropriation accounts account under s. 20.115 (7) (e) and (wm), subject to
10the availability of funds in those that appropriation accounts account. If there are
11insufficient funds to pay the full amounts authorized under sub. (6) to all eligible
12responsible persons, the department shall distribute payments in the order in which
13applications were received, unless the department specifies, by rule, a different order
14of payment.
AB133-ASA1, s. 1946 15Section 1946. 95.21 (9) (c) of the statutes is created to read:
AB133-ASA1,1012,2016 95.21 (9) (c) The department may provide training to persons who administer
17local rabies control programs or who conduct rabies examinations under those
18programs. The department may charge fees to cover the cost of training. The fees
19collected under this paragraph shall be credited to the appropriation under s. 20.115
20(2) (j).
AB133-ASA1, s. 1950m 21Section 1950m. 98.01 (3) of the statutes is amended to read:
AB133-ASA1,1012,2222 98.01 (3) "Municipality" means a city or, village or town.
AB133-ASA1, s. 1951 23Section 1951. 98.04 (1) of the statutes is amended to read:
AB133-ASA1,1013,2024 98.04 (1) Each Except as provided in sub. (2), a municipality having a
25population of more than 5,000, according to the latest federal census most recent

1population estimate made by the department of administration under s. 16.96
, shall
2enforce the provisions of this chapter within its jurisdiction. For this purpose it, a
3municipality
shall establish a municipal department of weights and measures. Each
4municipal department of weights and measures shall have such number of qualified
5sealers or inspectors as will ensure compliance with this chapter. Municipal sealers
6or inspectors shall have the same authority as sealers or inspectors of the
7department of agriculture, trade and consumer protection. The selection of
8municipal sealers or inspectors shall be from a list of applicants whose qualifications
9have been certified by the state or local civil service agency under the rules of the
10agency. Such The municipality shall procure and keep at all times a complete set of
11standards of weight and measure conforming to the state standards, and such
12standards shall be submitted
and shall submit the standards for certification at
13regular intervals as required by the department. It of agriculture, trade and
14consumer protection. The municipality
shall keep a complete record of its work and
15annually shall file a report thereof with the department of agriculture, trade and
16consumer protection
. Municipalities The municipality may enact ordinances
17regulating that regulate weights and measures and that are not in conflict with this
18chapter or the rules of the department and of agriculture, trade and consumer
19protection. The municipality
may assess fees which that do not exceed the actual cost
20of the municipal its weights and measures program.
AB133-ASA1, s. 1952 21Section 1952. 98.04 (2) of the statutes is repealed and recreated to read:
AB133-ASA1,1014,622 98.04 (2) A municipality that is required to establish a department of weights
23and measures under sub. (1) may contract with the department of agriculture, trade,
24and consumer protection to enforce the provisions of this chapter within the
25municipality's jurisdiction instead of establishing its own department if the

1department of agriculture, trade and consumer protection agrees to enter into such
2a contract. The department of agriculture, trade and consumer protection may
3charge the municipality fees sufficient to cover the department's costs under the
4contract. A municipality may recover an amount not to exceed the cost of these fees
5by assessing fees on the persons who receive services under the weights and
6measures program.
AB133-ASA1, s. 1953 7Section 1953. 98.16 (2) (b) of the statutes, as affected by 1997 Wisconsin Act
827
, section 2552f, is amended to read:
AB133-ASA1,1014,109 98.16 (2) (b) The fee for a license under par. (a) is $30 $60, except that the
10department may establish a different fee by rule.
AB133-ASA1, s. 1960 11Section 1960. 100.261 of the statutes is created to read:
AB133-ASA1,1014,19 12100.261 Consumer information assessment. (1) If a court imposes a fine
13or forfeiture for a violation of this chapter, ch. 98, a rule promulgated under this
14chapter or ch. 98 or an ordinance enacted under this chapter or ch. 98, the court shall
15also impose a consumer information assessment in an amount equal to 15% of the
16fine or forfeiture imposed. If multiple violations are involved, the court shall base
17the consumer information assessment upon the the total of the fine or forfeiture
18amounts for all violations. If a fine or forfeiture is suspended in whole or in part, the
19court shall reduce the assessment in proportion to the suspension.
AB133-ASA1,1014,25 20(2) If any deposit is made for a violation to which this section applies, the person
21making the deposit shall also deposit a sufficient amount to include the consumer
22information assessment required under this section. If the deposit is forfeited, the
23amount of the consumer information assessment shall be transmitted to the state
24treasurer under sub. (3). If the deposit is returned, the consumer information
25assessment shall also be returned.
AB133-ASA1,1015,3
1(3) (a) The clerk of court shall collect and transmit the consumer information
2assessment amounts to the county treasurer under s. 59.40 (2) (m). The county
3treasurer shall then make payment to the state treasurer under s. 59.25 (3) (f) 2.
AB133-ASA1,1015,64 (b) 1. The state treasurer shall deposit the assessment amounts in the general
5fund and shall credit them to the appropriation account under s. 20.115 (1) (jb),
6subject to the limit under subd. 2.
AB133-ASA1,1015,87 2. The amount credited to the appropriation account under s. 20.115 (1) (jb) may
8not exceed $85,000 in each fiscal year.
AB133-ASA1, s. 1960d 9Section 1960d. 100.30 (2) (c) 1. b. of the statutes is amended to read:
AB133-ASA1,1015,1810 100.30 (2) (c) 1. b. For every person holding a permit as a distributor as defined
11in s. 139.30 (3) or as a multiple retailer as defined in s. 139.30 (8), with respect to that
12portion of the person's business which involves the purchase and sale of cigarettes,
13"cost to wholesaler" means the cost charged by the cigarette manufacturer,
14disregarding any manufacturer's discount or any discount under s. 139.32 (5), plus
15the amount of tax imposed under s. 139.31. Except for a sale at wholesale between
16wholesalers, a markup to cover a proportionate part of the cost of doing business shall
17be added to the cost to wholesaler. In the absence of proof of a lesser cost, this markup
18shall be 3% of the cost to wholesaler as set forth in this subd. 1. b.
AB133-ASA1, s. 1960h 19Section 1960h. 100.30 (2) (f) of the statutes is amended to read:
AB133-ASA1,1015,2520 100.30 (2) (f) With respect to the sale of merchandise other than motor vehicle
21fuel, "retailer" and "wholesaler" shall both be applied to any merchant who buys
22merchandise for resale at retail from the manufacturer or producer thereof and to
23any wholesaler under par. (L) 2.
and, as to that merchandise or that wholesaler, the
24terms "cost to retailer" and "cost to wholesaler" as defined in pars. (am) and (c) shall
25both be applied, including the markup requirements.
AB133-ASA1, s. 1960p
1Section 1960p. 100.30 (2) (L) (intro.) and 1. of the statutes are consolidated,
2renumbered 100.30 (2) (L) and amended to read:
AB133-ASA1,1016,83 100.30 (2) (L) (intro.) "Wholesaler" includes every person holding a permit as
4a multiple retailer under s. 139.30 (8) and
every person engaged in the business of
5making sales at wholesale, other than sales of motor vehicle fuel at wholesale, within
6this state except as follows: 1. In that in the case of a person engaged in the business
7of selling both at wholesale and at retail, "wholesaler" applies only to the wholesale
8portion of that business.
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