Amendment JR2 AA1-ASA1-AB1

AB1-ASA1-AA1,130,10 179. Page 153, line 25: after that line insert:

AB1-ASA1-AA1,130,11 " Section 257r. 84.04 (4) of the statutes is created to read:

AB1-ASA1-AA1,130,18 84.04 (4) Notwithstanding sub. (2), after the effective date of this subsection .... [revisor inserts date], the department may not construct any rest area along or in close proximity with a state trunk highway at a location that is within a radius of 5 miles from an exit from the highway that provides access to motorist services described under s. 86.195 (3). This subsection does not apply to any rest area that is located no more than 5 miles from the border of this state or to any rest area that may be located near the village of Belmont in Lafayette County.".

AB1-ASA1-AA1,130,19 180. Page 153, line 25: after that line insert:

AB1-ASA1-AA1,130,20 " Section 257dg. 81.15 of the statutes is amended to read:

AB1-ASA1-AA1,131,18 81.15 Damages caused by highway defects accumulation of snow or ice; liability of city, village, town, and county. If damages happen to any person or his or her property by reason of the insufficiency or want of repairs of any highway which any town, city or village is bound to keep in repair, the person sustaining the damages has a right to recover the damages from the town, city or village. If the damages happen by reason of the insufficiency or want of repairs of a highway which any county by law or by agreement with any town, city or village is bound to keep in repair, or which occupies any land owned and controlled by the county, the county is liable for the damages and the claim for damages shall be against the county. If the damages happen by reason of the insufficiency or want of repairs of a bridge erected or maintained at the expense of 2 or more towns the action shall be brought against all the towns liable for the repairs of the bridge and upon recovery of judgment the damages and costs shall be paid by the towns in the proportion in which they are liable for the repairs; and the court may direct the judgment to be collected from each town for its proportion only. The amount recoverable by any person for any damages so sustained shall not exceed $50,000. The procedures under s. 893.80 shall apply to the commencement of actions brought under this section. No action may be maintained against a city, village, town, or county to recover damages for injuries sustained by reason of an accumulation of snow or ice upon any bridge or highway, unless the accumulation existed for 3 weeks. Any action to recover damages for injuries sustained by reason of an accumulation of snow or ice that has existed for 3 weeks or more upon any bridge or highway is subject to s. 893.80.

AB1-ASA1-AA1, s. 257dm Section 257dm. 81.17 of the statutes is repealed.".

AB1-ASA1-AA1,131,20 181. Page 153, line 25: after that line insert:

AB1-ASA1-AA1,131,21 " Section 258m. 84.09 (9) of the statutes is created to read:

AB1-ASA1-AA1,131,23 84.09 (9) Subsections (5), (5m), and (6) do not apply to state property that is directed to be sold under 2001 Wisconsin Act .... (this act), section 9107 (1b).".

AB1-ASA1-AA1,131,24 182. Page 153, line 25: after that line insert:

AB1-ASA1-AA1,132,2 " Section 257c. 81.01 (3) (b) (intro.) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1-ASA1-AA1,132,7 81.01 (3) (b) (intro.) The town board, by resolution, submits to the electors of the town as a referendum at a general or special town an election authorized under s. 8.065 the question of exceeding the limit set under this subsection. A copy of the resolution shall be filed as provided in s. 8.37. The board shall abide by the majority vote of the electors of the town on the question. The question shall read as follows:".

AB1-ASA1-AA1,132,8 183. Page 154, line 4: after that line insert:

AB1-ASA1-AA1,132,9 " Section 259m. 93.01 (1m) of the statutes is amended to read:

AB1-ASA1-AA1,132,18 93.01 (1m) "Business" includes any business, except that of banks, savings banks, credit unions, savings and loan associations , and insurance companies. "Business" includes public utilities and telecommunications carriers to the extent that their activities, beyond registration, notice, and reporting activities, are not regulated by the public service commission and includes public utility and telecommunications carrier methods of competition or trade and advertising practices that are exempt from regulation by the public service commission under s. 196.195, 196.196, 196.202, 196.203, 196.219, or 196.499 or by other action of the commission.".

AB1-ASA1-AA1,132,19 184. Page 154, line 4: after that line insert:

AB1-ASA1-AA1,132,20 " Section 259n. 93.02 of the statutes is amended to read:

AB1-ASA1-AA1,133,2 93.02 Staff. The secretary shall appoint all staff necessary for the carrying out of the duties of the department, all of whom shall be under the classified service except the deputy secretary, the executive assistant and, subject to s. 230.08 (4) (a), the administrators of divisions. Each such deputy secretary , executive assistant or administrator shall be appointed by the secretary with the approval of the board.".

AB1-ASA1-AA1,133,3 185. Page 154, line 4: after that line insert:

AB1-ASA1-AA1,133,4 " Section 259g. 86.312 (2) (a) of the statutes is amended to read:

AB1-ASA1-AA1,133,12 86.312 (2) (a) The department shall administer a local roads for job preservation program to award grants to political subdivisions for any project that the department determines is necessary to support business and retain jobs in the vicinity of the local road. The department may award grants under this section for any costs related to a project, including costs of acquiring rights-of-way, planning, designing, engineering, and constructing a local road. The department may specify the pavement to be used in any project funded under this section for the purpose of enhancing the pavement life and cost-effectiveness of the project.".

AB1-ASA1-AA1,133,13 186. Page 154, line 4: after that line insert:

AB1-ASA1-AA1,133,14 " Section 259m. 93.01 (1r) of the statutes is created to read:

AB1-ASA1-AA1,133,17 93.01 (1r) "Civil investigative demand" means a written document prepared by the department that is related to the enforcement of chs. 93 to 100 and that orders a person to do any of the following:

AB1-ASA1-AA1,133,19 (a) Provide originals or copies of documents, records, or reports in the person's custody.

AB1-ASA1-AA1,133,21 (b) Answer specific questions submitted by the department in the form of written depositions, interrogatories, or requests for admissions.

AB1-ASA1-AA1,133,23 (c) Allow employees of the department to review and copy documents, records, or reports in the person's custody.".

AB1-ASA1-AA1,133,24 187. Page 154, line 4: after that line insert:

AB1-ASA1-AA1,134,1 " Section 259d. 86.21 (2) (a) of the statutes is amended to read:

AB1-ASA1-AA1,135,2 86.21 (2) (a) Before any such toll bridge is constructed or acquired under this section, a resolution authorizing the construction or acquisition thereof, and specifying the method of payment therefor, shall be adopted by a majority of the members of the governing body of such county, town, village or city at a regular meeting, after publication of said resolution, as a class 2 notice, under ch. 985. The resolution shall include a general description of the property it is proposed to acquire or construct. Any county, town, village or city constructing or acquiring a toll bridge under this section may provide for the payment of the same or any part thereof from the general fund, from taxation, or from the proceeds of either municipal bonds, revenue bonds or as otherwise provided by law. Such resolution shall not be effective until 15 days after its passage and publication. If within said 15 days a petition conforming to the requirements of s. 8.40 is filed with the clerk of such municipality, and filed as provided in s. 8.37, signed by at least 20% of the electors thereof requesting that the question of acquiring such toll bridge be submitted to the said electors, such question shall be submitted at any general or regular municipal the next election authorized under s. 8.065 (2) or an election authorized under s. 8.065 (3) that is held not sooner than 42 days from the date of filing such petition. In case no such general or regular municipal election is to be held within such stated period, then the governing body of such municipality shall order a special election to be held within 30 days from the filing of such petition upon the question of whether such toll bridge shall be acquired by said municipality. The question submitted to the electors shall specify the method of payment for such toll bridge as provided in the resolution for the acquisition thereof. If no such petition is filed, or if the majority of votes cast at such referendum election are in favor of the acquisition of such toll bridge, then the resolution of the governing body for the acquisition of such toll bridge shall be in effect.".

AB1-ASA1-AA1,135,3 188. Page 154, line 4: after that line insert:

AB1-ASA1-AA1,135,4 " Section 259s. 86.303 (5) (b) of the statutes is amended to read:

AB1-ASA1-AA1,135,9 86.303 (5) (b) Cost data shall be reported on a calendar year basis, and financial report forms or, with respect to municipalities a written request for extension, shall be submitted to the department of revenue as provided under pars. (c) and (d). All extensions under this paragraph shall be until May 15 and no extension beyond that date may be granted.

AB1-ASA1-AA1, s. 259t Section 259t. 86.303 (5) (d) of the statutes is amended to read:

AB1-ASA1-AA1,135,23 86.303 (5) (d) The department and the department of revenue shall prescribe a statewide uniform financial reporting procedure under s. 73.10 for counties having a population of more than 2,500 and municipalities having a population of more than 2,500. The financial report forms or, with respect to municipalities a written request for extension, shall be submitted to the department of revenue by May 1 by counties having a population of more than 2,500 and municipalities having a population of more than 2,500 and by June 30 by counties having a population of more than 2,500 for the purposes under this section. All extensions under this paragraph shall be until May 15 and no extension beyond that date may be granted. The department of revenue shall forward the highway-related cost data to the department. Counties having a population of 25,000 or more and municipalities having a population of 25,000 or more are required to submit a financial report form to the department of revenue under this paragraph and financial reports under par. (g).

AB1-ASA1-AA1, s. 259u Section 259u. 86.303 (7) (c) of the statutes is amended to read:

AB1-ASA1-AA1,136,12 86.303 (7) (c) Any municipality having a population of 2,500 or less which that has submitted its financial report form may amend it prior to March 31 or prior to May 15 if a written request for extension has been received by the department of revenue. Any county or any municipality having a population over 2,500 which that has submitted its financial report form may amend it prior to May 1 or prior to May 15 if a written request for extension has been received by the department of revenue. Any county having a population of more than 2,500 that has submitted its financial report form may amend it prior to June 30. Any amendments shall be submitted to the department of revenue. Any county or municipality which that desires to amend its financial report form after May 15, or any county that desires to amend its financial report form after June 30, shall submit an independent, certified audit to the department of revenue no later than August 15.".

AB1-ASA1-AA1,136,13 189. Page 154, line 4: after that line insert:

AB1-ASA1-AA1,136,14 " Section 259e. 86.30 (2) (a) 1. of the statutes is amended to read:

AB1-ASA1-AA1,136,20 86.30 (2) (a) 1. Except as provided in pars. (b), and (d) and (dm), sub. (10) , and s. 86.303, the amount of transportation aids payable by the department to each county shall be the aids amount calculated under subd. 2. and to each municipality shall be the aids amount calculated under subd. 2. or 3., whichever is greater. If the amounts calculated for a municipality under subd. 2. or 3. are the same, transportation aids to that municipality shall be paid under subd. 2.

AB1-ASA1-AA1, s. 259ec Section 259ec. 86.30 (2) (b) 1r. of the statutes is amended to read:

AB1-ASA1-AA1,137,2 86.30 (2) (b) 1r. Except as provided under s. 86.303, no county may receive an increase in its annual transportation aid payment in excess of 15% of its last previous calendar year aid payment. Except as provided under par. (dm) and s. 86.303, no county may receive a decrease in its annual transportation aid payment in excess of 2% of its last previous calendar year transportation aid payment.

AB1-ASA1-AA1, s. 259ee Section 259ee. 86.30 (2) (dm) of the statutes is repealed.".

AB1-ASA1-AA1,137,4 190. Page 154, line 17: after that line insert:

AB1-ASA1-AA1,137,5 " Section 259u. 93.14 (1m) of the statutes is created to read:

AB1-ASA1-AA1,137,8 93.14 (1m) (a) Any person who has been served with a department complaint, notice, order, or other process as authorized in s. 93.18 (5) shall be subject to the department's authority and jurisdiction, as limited by par. (b).

AB1-ASA1-AA1,137,10 (b) The department's jurisdiction may not exceed the jurisdiction granted to courts under s. 815.05.

AB1-ASA1-AA1, s. 259w Section 259w. 93.14 (3) of the statutes is amended to read:

AB1-ASA1-AA1,137,14 93.14 (3) Any person who shall unlawfully fail to attend as a witness, fail to comply with a subpoena, order, or civil investigative demand, or refuse to testify may be coerced as provided in s. 885.12.

AB1-ASA1-AA1, s. 259x Section 259x. 93.15 (1) of the statutes is amended to read:

AB1-ASA1-AA1,137,20 93.15 (1) The department may, by general or special order, require persons engaged in business to file with the department, at such time and in such manner as the department may direct, sworn or unsworn reports or sworn or unsworn answers in writing to specific questions, as to any matter which the department may investigate.

AB1-ASA1-AA1, s. 259y Section 259y. 93.15 (2) of the statutes is amended to read:

AB1-ASA1-AA1,138,2 93.15 (2) The department or any of its authorized agents may have access to and may copy any document, or any part thereof, which of a document, that is in the possession or under the control of any person engaged in business, if such the document, or such part thereof of the document, is relevant to any matter which that the department may investigate.".

AB1-ASA1-AA1,138,3 191. Page 154, line 18: after that line insert:

AB1-ASA1-AA1,138,4 " Section 260g. 95.22 of the statutes is renumbered 95.22 (1).

AB1-ASA1-AA1, s. 260h Section 260h. 95.22 (2) of the statutes is created to read:

AB1-ASA1-AA1,138,7 95.22 (2) The department shall provide the reports of any communicable diseases under sub. (1) to the department of health and family services.".

AB1-ASA1-AA1,138,8 192. Page 154, line 18: after that line insert:

AB1-ASA1-AA1,138,9 " Section 260d. 94.64 (3m) (b) (intro.) of the statutes is amended to read:

AB1-ASA1-AA1,138,14 94.64 (3m) (b) (intro.) An application for a permit under par. (a) 2. shall be on a form prescribed by the department and shall be accompanied by a proposed product label and a nonrefundable fee of $25 $100 until June 30, 2004, and $25 beginning on July 1, 2004. The department may require that the applicant substantiate, by scientific evidence:

AB1-ASA1-AA1, s. 260de Section 260de. 94.64 (4) (a) 1. of the statutes is amended to read:

AB1-ASA1-AA1,138,19 94.64 (4) (a) 1. A basic fee of 23 30 cents per ton for fertilizer sold or distributed beginning on October 29, 1999 July 1, 2001, and ending on June 30, 2001 2006, and 30 45 cents per ton for fertilizer sold or distributed after June 30, 2001 2006, with a minimum fee of $25.

AB1-ASA1-AA1, s. 260dg Section 260dg. 94.64 (4) (a) 5. of the statutes is amended to read:

AB1-ASA1-AA1,138,23 94.64 (4) (a) 5. An agricultural chemical cleanup surcharge of 38 88 cents per ton on all fertilizer that the person sells or distributes in this state after June 30, 1999, unless the department establishes a lower surcharge under s. 94.73 (15).

AB1-ASA1-AA1, s. 260f Section 260f. 94.681 (1) (cm) of the statutes is created to read:

AB1-ASA1-AA1,139,2 94.681 (1) (cm) "Payment period" means the 12 months ending on September 30 of the calendar year for which a license is sought under s. 94.68.

AB1-ASA1-AA1, s. 260fc Section 260fc. 94.681 (2) of the statutes is repealed and recreated to read:

AB1-ASA1-AA1,139,10 94.681 (2) Annual license fee. An applicant for a license under s. 94.68 shall pay an annual license fee for each pesticide product that the applicant sells or distributes for use in this state. The amount of the fee is based on sales of pesticide products during the payment period. An applicant shall pay an estimated fee before the start of each license year as provided in sub. (3s) (a) and shall make a fee adjustment payment before the end of the license year if required under sub. (3s) (b). Except as provided in sub. (5) or (6), the fee for each pesticide product is as follows:

AB1-ASA1-AA1,139,11 (a) For each household pesticide product:

AB1-ASA1-AA1,139,13 1. If the applicant sells less than $25,000 of the product during the payment period for use in this state, $265.

AB1-ASA1-AA1,139,15 2. If the applicant sells at least $25,000 but less than $75,000 of the product during the payment period for use in this state, $750.

AB1-ASA1-AA1,139,17 3. If the applicant sells at least $75,000 of the product during the payment period for use in this state, $1,500.

AB1-ASA1-AA1,139,18 (b) For each industrial pesticide product:

AB1-ASA1-AA1,139,20 1. If the applicant sells less than $25,000 of the product during the payment period for use in this state, $315.

AB1-ASA1-AA1,139,22 2. If the applicant sells at least $25,000 but less than $75,000 of the product during the payment period for use in this state, $860.

AB1-ASA1-AA1,139,24 3. If the applicant sells at least $75,000 of that product during the payment period for use in this state, $3,060.

AB1-ASA1-AA1,139,25 (c) For each nonhousehold pesticide product:

AB1-ASA1-AA1,140,2 1. If the applicant sells less than $25,000 of that product during the payment period for use in this state, $320.

AB1-ASA1-AA1,140,4 2. If the applicant sells at least $25,000 but less than $75,000 of the product during the payment period for use in this state, $890.

AB1-ASA1-AA1,140,7 3. If the applicant sells at least $75,000 of the product during the payment period for use in this state, $3,060 plus 0.2% of the gross revenues from sales of the product during the payment period for use in this state.

AB1-ASA1-AA1, s. 260fg Section 260fg. 94.681 (3) of the statutes is amended to read:

AB1-ASA1-AA1,140,18 94.681 (3) Nonhousehold pesticides; cleanup surcharge. Except for the license years that begin on January 1, 1999, and January 1, 2000, an An applicant for a license under s. 94.68 shall pay an agricultural chemical cleanup surcharge for each nonhousehold pesticide product that the applicant sells or distributes for use in this state. The amount of the surcharge is based on sales of nonhousehold pesticide products 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) or under s. 94.73 (15), the amount of the surcharge is as follows:

AB1-ASA1-AA1,140,20 (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.

AB1-ASA1-AA1,140,22 (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.

AB1-ASA1-AA1,141,2 (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.

AB1-ASA1-AA1, s. 260fn Section 260fn. 94.681 (3m) of the statutes is amended to read:

AB1-ASA1-AA1,141,14 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:

AB1-ASA1-AA1,141,16 (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.