SB44-SSA1, s. 1746 19Section 1746. 94.681 (1) (cm) of the statutes is created to read:
SB44-SSA1,744,2120 94.681 (1) (cm) "Payment period" means the 12 months ending on September
2130 of the calendar year for which a license is sought under s. 94.68.
SB44-SSA1, s. 1747 22Section 1747. 94.681 (2) of the statutes is repealed and recreated to read:
SB44-SSA1,745,423 94.681 (2) Annual license fee. An applicant for a license under s. 94.68 shall
24pay an annual license fee for each pesticide product that the applicant sells or
25distributes for use in this state. The amount of the fee is based on sales of pesticide

1products during the payment period. An applicant shall pay an estimated fee before
2the start of each license year as provided in sub. (3s) (a) and shall make a fee
3adjustment payment before the end of the license year if required under sub. (3s) (b).
4Except as provided in sub. (5) or (6), the fee for each pesticide product is as follows:
SB44-SSA1,745,55 (a) For each household pesticide product:
SB44-SSA1,745,76 1. If the applicant sells less than $25,000 of the product during the payment
7period for use in this state, $265.
SB44-SSA1,745,98 2. If the applicant sells at least $25,000 but less than $75,000 of the product
9during the payment period for use in this state, $750.
SB44-SSA1,745,1110 3. If the applicant sells at least $75,000 of the product during the payment
11period for use in this state, $1,500.
SB44-SSA1,745,1212 (b) For each industrial pesticide product:
SB44-SSA1,745,1413 1. If the applicant sells less than $25,000 of the product during the payment
14period for use in this state, $315.
SB44-SSA1,745,1615 2. If the applicant sells at least $25,000 but less than $75,000 of the product
16during the payment period for use in this state, $860.
SB44-SSA1,745,1817 3. If the applicant sells at least $75,000 of that product during the payment
18period for use in this state, $3,060.
SB44-SSA1,745,1919 (c) For each nonhousehold pesticide product:
SB44-SSA1,745,2120 1. If the applicant sells less than $25,000 of that product during the payment
21period for use in this state, $320.
SB44-SSA1,745,2322 2. If the applicant sells at least $25,000 but less than $75,000 of the product
23during the payment period for use in this state, $890.
SB44-SSA1,746,3
13. If the applicant sells at least $75,000 of the product during the payment
2period for use in this state, $3,060 plus 0.2% of the gross revenues from sales of the
3product during the payment period for use in this state.
SB44-SSA1, s. 1748 4Section 1748. 94.681 (3) of the statutes is amended to read:
SB44-SSA1,746,145 94.681 (3) Nonhousehold pesticides; cleanup surcharge. Except for the
6license years that begin on January 1, 1999, and January 1, 2000, an
An applicant
7for a license under s. 94.68 shall pay an agricultural chemical cleanup surcharge for
8each nonhousehold pesticide product that the applicant sells or distributes for use
9in this state. The amount of the surcharge is based on sales of nonhousehold
10pesticide products during the payment period. An applicant shall pay an estimated
11surcharge before the start of each license year as provided in sub. (3s) (a) and shall
12make a surcharge adjustment payment before the end of the license year if required
13by sub. (3s) (b).
Except as provided in sub. (6) or under s. 94.73 (15), the amount of
14the surcharge is as follows:
SB44-SSA1,746,1615 (a) If the applicant sold sells less than $25,000 of the product during the
16preceding year payment period for use in this state, $5.
SB44-SSA1,746,1817 (b) If the applicant sold sells at least $25,000 but less than $75,000 of that
18product during the preceding year payment period for use in this state, $170.
SB44-SSA1,746,2219 (c) If the applicant sold sells at least $75,000 of that product during the
20preceding year payment period for use in this state, an amount equal to 1.1% of gross
21revenues from sales of the product during the preceding year payment period for use
22in this state.
SB44-SSA1, s. 1749 23Section 1749. 94.681 (3m) of the statutes is amended to read:
SB44-SSA1,747,924 94.681 (3m) Wood preservatives; cleanup surcharge. An applicant for a
25license under s. 94.68 shall pay an environmental cleanup surcharge for each

1pesticide product that is not a household pesticide and is solely labeled for use on
2wood and contains pentachlorophenol or coal tar creosote that the applicant sells or
3distributes in this state. The amount of the surcharge is based on sales of pesticide
4products that are not household pesticides and are solely labeled for use on wood and
5contain pentachlorophenol or coal tar creosote during the payment period. An
6applicant shall pay an estimated surcharge before the start of each license year as
7provided in sub. (3s) (a) and shall make a surcharge adjustment payment before the
8end of the license year if required by sub. (3s) (b).
Except as provided in sub. (6), the
9amount of the surcharge is as follows:
SB44-SSA1,747,1110 (a) If the applicant sold sells less than $25,000 of the product during the
11preceding year payment period for use in this state, $5.
SB44-SSA1,747,1312 (b) If the applicant sold sells at least $25,000 but less than $75,000 of that
13product during the preceding year payment period for use in this state, $170.
SB44-SSA1,747,1714 (c) If the applicant sold sells at least $75,000 of that product during the
15preceding year payment period for use in this state, an amount equal to 1.1% of gross
16revenues from sales of the product during the preceding year payment period for use
17in this state.
SB44-SSA1, s. 1750 18Section 1750. 94.681 (3s) of the statutes is created to read:
SB44-SSA1,748,219 94.681 (3s) Payment of fees and surcharges. (a) Before the start of a license
20year, an applicant shall estimate the gross revenues that the applicant will receive
21from sales of each pesticide product during the payment period that ends during the
22year for which a license is sought under s. 94.68 and shall pay the amounts under
23subs. (2), (3), and (3m) based on that estimate. At least 15 days before beginning to
24sell a new pesticide product in this state, a licensee shall estimate the gross revenues
25that the applicant will receive from sales of that pesticide product during the

1payment period in which the licensee begins to sell the pesticide product and shall
2pay the amounts under subs. (2), (3), and (3m) based on that estimate.
SB44-SSA1,748,73 (b) Before the end of a license year, a licensee shall report to the department
4the gross revenues that the licensee received from sales of each pesticide product
5during the payment period that ended during the license year, as required under s.
694.68 (2) (a) 2., and shall reconcile the estimated payment made under par. (a) with
7the amounts actually due under subs. (2), (3), and (3m) as follows:
SB44-SSA1,748,98 1. If the amount due based on actual sales is greater than the amount paid
9based on estimated sales, the licensee shall pay the additional amount due.
SB44-SSA1,748,1210 2. If the amount due based on actual sales is less than the amount paid based
11on estimated sales, the licensee may request the department to reimburse the
12licensee for the amount of the overpayment.
SB44-SSA1,748,1413 3. If the amount due based on actual sales equals the amount paid based on
14estimated sales, no action is required.
SB44-SSA1,748,1815 (c) 1. Except as provided in subd. 2., if a licensee's total payment due under par.
16(b) is more than 20% of the total amount paid under par. (a), the licensee shall pay
17a penalty equal to 20% of the total amount due under par. (b). The penalty under this
18subdivision is in addition to any late filing fee under s. 93.21 (5).
SB44-SSA1,748,2219 2. Subdivision 1. does not apply to a licensee if the licensee's payments under
20par. (a) are based on estimates of gross revenues from sales for each pesticide product
21that equal at least 90% of the licensee's gross revenues from sales of the pesticide
22product during the preceding year.
SB44-SSA1, s. 1750c 23Section 1750c. 94.681 (4) of the statutes is amended to read:
SB44-SSA1,749,3
194.681 (4) Primary producers ; well compensation fee. A primary producer
2applying for a license under s. 94.68 shall pay a well compensation primary producer
3fee of $150.
SB44-SSA1, s. 1750e 4Section 1750e. 94.681 (7) (a) (intro.) of the statutes is renumbered 94.681 (7)
5(a) and amended to read:
SB44-SSA1,749,86 94.681 (7) (a) License fees. The department shall deposit all license fees
7collected under subs. (2), (5) and (6) (a) 3. in the agrichemical management fund
8except as follows:.
SB44-SSA1, s. 1750f 9Section 1750f. 94.681 (7) (a) 1. of the statutes is repealed.
SB44-SSA1, s. 1750g 10Section 1750g. 94.681 (7) (a) 2. of the statutes is repealed.
SB44-SSA1, s. 1750j 11Section 1750j. 94.681 (7) (bm) of the statutes is amended to read:
SB44-SSA1,749,1412 94.681 (7) (bm) Wood preservatives; cleanups surcharge. The department shall
13deposit the surcharges collected under subs. (3m) and (6) (a) 5. in the environmental
14agrichemical management fund for environmental management.
SB44-SSA1, s. 1750L 15Section 1750L. 94.681 (7) (c) of the statutes is amended to read:
SB44-SSA1,749,1816 94.681 (7) (c) Well compensation Primary producer fee. The department shall
17deposit the well compensation primary producer fees collected under sub. (4) in the
18environmental agrichemical management fund for environmental management.
SB44-SSA1, s. 1754 19Section 1754. 94.73 (6) (b) of the statutes is amended to read:
SB44-SSA1,749,2320 94.73 (6) (b) Except as provided in pars. (c) and (e), the department shall
21reimburse a responsible person an amount equal to 80% 75% of the corrective action
22costs incurred for each discharge site that are greater than $3,000 and less than
23$400,000.
SB44-SSA1, s. 1755 24Section 1755. 94.73 (6) (c) (intro.) of the statutes is amended to read:
SB44-SSA1,750,4
194.73 (6) (c) (intro.) Except as provided in par. (e), the department shall
2reimburse a responsible person an amount equal to 80% 75% of the corrective action
3costs incurred for each discharge site that are greater than $7,500 and less than
4$400,000 if any of the following applies:
SB44-SSA1, s. 1755q 5Section 1755q. 94.73 (12m) of the statutes is amended to read:
SB44-SSA1,750,136 94.73 (12m) Sample collection and analysis. For the purpose of investigating
7a discharge or exercising its authority under this section, the department may collect
8and analyze samples of plants, soil, surface water, groundwater and other material
9at a site if the department determines that probable cause exists to believe that a
10discharge has occurred at the site and determines that sufficient funds are available
11in the agricultural chemical cleanup fund to pay a claim that may result from the
12discharge or that there is reason to believe that the discharge poses a significant risk
13to human health
.
SB44-SSA1, s. 1756 14Section 1756. 94.73 (15) (a) of the statutes is amended to read:
SB44-SSA1,750,2215 94.73 (15) (a) The department may, by rule, reduce any of the surcharges in ss.
1694.64 (3r) (b) and (4) (a) 5., 94.681 (3), 94.685 (3) (a) 2., 94.703 (3) (a) 2., and 94.704
17(3) (a) 2. below the amounts specified in those provisions. The department shall
18adjust surcharge amounts as necessary to maintain a balance in the agricultural
19chemical cleanup fund at the end of each fiscal year of at least $2,000,000 but not
20more than $5,000,000 $2,500,000, but may not increase a surcharge amount over the
21amount specified in s. 94.64 (3r) (b) or (4) (a) 5., 94.681 (3), 94.685 (3) (a) 2., 94.703
22(3) (a) 2., or 94.704 (3) (a) 2.
SB44-SSA1, s. 1757 23Section 1757. 97.24 (4) (a) of the statutes is amended to read:
SB44-SSA1,751,1624 97.24 (4) (a) Regulation of the production, processing and distribution of milk
25and fluid milk products under minimum sanitary requirements which are uniform

1throughout this state and the United States is essential for the protection of
2consumers and the economic well-being of the dairy industry, and is therefore a
3matter of statewide concern; however, nothing in this section shall impair or abridge
4the power of any municipality or county to regulate milk or fluid milk products under
5sanitary requirements and standards which are in reasonable accord with those
6established under this section or the power to impose reasonable license permit and
7inspection fees which combined shall not exceed the cost of necessary inspection. A
8municipality or county may not impose any fee for its inspection of milk producers,
9dairy plant facilities or dairy products which are under the inspection supervision
10of another governmental unit within or without the state with a valid certification
11rating made or approved by the department of health and family services. No
12governmental unit may impose or collect a fee directly from the producer. A license
13or permit fee not to exceed $25 annually may be imposed on milk distributors
14licensed under s. 97.22 and on dairy plants under the inspection supervision of
15another governmental unit which are engaged in the distribution of milk within a
16municipality or county.
SB44-SSA1, s. 1758 17Section 1758. 97.24 (4) (b) of the statutes is amended to read:
SB44-SSA1,751,2518 97.24 (4) (b) No sanitary requirement or standard established under this
19section or contained in any ordinance may prohibit the sale of milk or fluid milk
20products which are produced and processed under laws or rules of any governmental
21unit, within or without this state, which are substantially equivalent to the
22requirements of the rules promulgated under this section, and which are enforced
23with equal effectiveness, as determined by a milk sanitation rating made or
24approved by the department of health and family services, under rules promulgated
25under this section.
SB44-SSA1, s. 1812
1Section 1812. 100.261 (2) of the statutes is amended to read:
SB44-SSA1,752,72 100.261 (2) If any deposit is made for a violation to which this section applies,
3the person making the deposit shall also deposit a sufficient amount to include the
4consumer protection assessment required under this section. If the deposit is
5forfeited, the amount of the consumer protection assessment shall be transmitted to
6the state treasurer secretary of administration under sub. (3). If the deposit is
7returned, the consumer protection assessment shall also be returned.
SB44-SSA1, s. 1813 8Section 1813. 100.261 (3) (a) of the statutes is amended to read:
SB44-SSA1,752,129 100.261 (3) (a) The clerk of court shall collect and transmit the consumer
10protection assessment amounts to the county treasurer under s. 59.40 (2) (m). The
11county treasurer shall then make payment to the state treasurer secretary of
12administration
under s. 59.25 (3) (f) 2.
SB44-SSA1, s. 1815 13Section 1815. 100.261 (3) (b) of the statutes is amended to read:
SB44-SSA1,752,1714 100.261 (3) (b) The state treasurer secretary of administration shall deposit the
15consumer protection assessment amounts in the general fund and shall credit them
16to the appropriation account under s. 20.115 (1) (jb), subject to the limit under par.
17(c).
SB44-SSA1, s. 1815d 18Section 1815d. 100.261 (3) (c) of the statutes is amended to read:
SB44-SSA1,752,2019 100.261 (3) (c) The amount credited to the appropriation account under s.
2020.115 (1) (jb) may not exceed $185,000 $375,000 in each fiscal year.
SB44-SSA1, s. 1817d 21Section 1817d. 100.261 (4) of the statutes is created to read:
SB44-SSA1,753,322 100.261 (4) (a) For each fiscal year, beginning with fiscal year 2003-04, the
23department of agriculture, trade and consumer protection shall determine the total
24amount of all assessments that were not imposed by a court as required under sub.
25(1) during that fiscal year in court actions that were commenced on or after the

1effective date of this paragraph .... [revisor inserts date], by the department of justice
2under ch. 100. The department of agriculture, trade and consumer protection shall
3make this determination before the August 1 immediately following the fiscal year.
SB44-SSA1,753,104 (b) 1. Before the September 1 immediately following the August 1 deadline
5under par. (a), the secretary of administration shall transfer from any of the
6department of justice's sum certain, general purpose revenue state operations
7appropriations, or from any combination of those appropriations, to the
8appropriation account under s. 20.115 (1) (km) a total amount equal to the amount
9determined by the department of agriculture, trade and consumer protection under
10par. (a), subject to subd. 2.
SB44-SSA1,753,1411 2. If the sum of the amounts credited to the appropriation accounts under s.
1220.115 (1) (jb) and (km) exceeds $375,000 in any fiscal year, the secretary of
13administration shall lapse the amount exceeding $375,000 in that fiscal year from
14the appropriation account under s. 20.115 (1) (km) to the general fund.
SB44-SSA1, s. 1835 15Section 1835. 101.055 (8) (b) of the statutes is amended to read:
SB44-SSA1,753,2416 101.055 (8) (b) A state employee who believes that he or she has been
17discharged or otherwise discriminated against by a public employer in violation of
18par. (ar) may file a complaint with the personnel commission alleging discrimination
19or discharge, within 30 days after the employee received knowledge of the
20discrimination or discharge.
A public employee other than a state employee who
21believes that he or she has been discharged or otherwise discriminated against by
22a public employer in violation of par. (ar) may file a complaint with the division of
23equal rights alleging discrimination or discharge, within 30 days after the employee
24received knowledge of the discrimination or discharge.
SB44-SSA1, s. 1836 25Section 1836. 101.055 (8) (c) of the statutes is amended to read:
SB44-SSA1,754,16
1101.055 (8) (c) Upon receipt of a complaint, the personnel commission or the
2division of equal rights, whichever is applicable, shall, except as provided in s. 230.45
3(1m), investigate the complaint and determine whether there is probable cause to
4believe that a violation of par. (ar) has occurred. If the personnel commission or the
5division of equal rights finds probable cause it shall attempt to resolve the complaint
6by conference, conciliation or persuasion. If the complaint is not resolved, the
7personnel commission or the division of equal rights shall hold a hearing on the
8complaint within 60 days after receipt of the complaint unless both parties to the
9proceeding agree otherwise. Within 30 days after the close of the hearing, the
10personnel commission or the division of equal rights shall issue its decision. If the
11personnel commission or the division of equal rights determines that a violation of
12par. (ar) has occurred, it shall order appropriate relief for the employee, including
13restoration of the employee to his or her former position with back pay, and shall
14order any action necessary to ensure that no further discrimination occurs. If the
15personnel commission or the division of equal rights determines that there has been
16no violation of par. (ar), it shall issue an order dismissing the complaint.
SB44-SSA1, s. 1837 17Section 1837. 101.055 (8) (d) of the statutes is amended to read:
SB44-SSA1,754,1918 101.055 (8) (d) Orders of the personnel commission and the division of equal
19rights under this subsection are subject to judicial review under ch. 227.
SB44-SSA1, s. 1839 20Section 1839. 101.143 (9m) (g) 2. of the statutes is amended to read:
SB44-SSA1,755,321 101.143 (9m) (g) 2. Revenue obligations issued under this subsection may not
22exceed $342,000,000 $436,000,000 in principal amount, excluding any obligations
23that have been defeased under a cash optimization program administered by the
24building commission. In addition to this limit on principal amount, the building
25commission may contract revenue obligations under this subsection as the building

1commission determines is desirable to fund or refund outstanding revenue
2obligations, to pay issuance or administrative expenses, to make deposits to reserve
3funds, or to pay accrued or capitalized interest.
SB44-SSA1, s. 1841 4Section 1841. 101.563 (2) (a) of the statutes is amended to read:
SB44-SSA1,755,205 101.563 (2) (a) Payments from calendar year 2000 dues. Notwithstanding s.
6101.573 (3) (a), the department shall pay every city, village, and town that is entitled
7to payment under sub. (1) (a) the amount to which that city, village, or town would
8have been entitled to receive on or before August 1, 2001, had the city, village, or town
9been eligible to receive a payment on that date. The department shall calculate the
10amount due under this paragraph as if every city, village, and town maintaining a
11fire department was eligible to receive a payment on that date. By the date on which
12the department provides a certification or recertification to the state treasurer
13secretary of administration under par. (b) 1., the department shall certify to the state
14treasurer
secretary of administration the amount to be paid to each city, village, and
15town under this paragraph. On or before August 1, 2002, the state treasurer
16secretary of administration shall pay the amount certified by the department under
17this paragraph to each such city, village, and town. The state treasurer secretary of
18administration
may combine any payment due under this paragraph with any
19amount due to be paid on or before August 1, 2002, to the same city, village, or town
20under par. (b) 1.
SB44-SSA1, s. 1842 21Section 1842. 101.563 (2) (b) 1. of the statutes is amended to read:
SB44-SSA1,756,1422 101.563 (2) (b) 1. `Payments from calendar year 2001 dues.' Notwithstanding
23s. 101.575 101.573 (3) (a), by the 30th day following July 30, 2002, the department
24shall compile the fire department dues paid by all insurers under s. 601.93 and the
25dues paid by the state fire fund under s. 101.573 (1) and funds remaining under s.

1101.573 (3) (b), subtract the total amount due to be paid under par. (a), withhold 0.5%,
2and certify to the state treasurer secretary of administration the proper amount to
3be paid from the appropriation under s. 20.143 (3) (L) to each city, village, and town
4entitled to a proportionate share of fire department dues as provided under sub. (1)
5(b) and s. 101.575. If the department has previously certified an amount to the state
6treasurer
secretary of administration under s. 101.57 101.573 (3) (a) during calendar
7year 2002, the department shall recertify the amount in the manner provided under
8this subdivision. On or before August 1, 2002, the state treasurer secretary of
9administration
shall pay the amounts certified or recertified by the department
10under this subdivision to each city, village, and town entitled to a proportionate share
11of fire department dues as provided under sub. (1) and s. 101.575. The state
12treasurer
secretary of administration may combine any payment due under this
13subdivision with any amount due to be paid on or before August 1, 2002, to the same
14city, village, or town under par. (a).
SB44-SSA1, s. 1843 15Section 1843. 101.563 (2) (b) 2. of the statutes is amended to read:
SB44-SSA1,757,216 101.563 (2) (b) 2. `Payments from dues for calendar years 2002 to 2004.'
17Notwithstanding s. 101.573 (3) (a) and except as otherwise provided in this
18subdivision, on or before May 1 in each year, the department shall compile the fire
19department dues paid by all insurers under s. 601.93 and the dues paid by the state
20fire fund under s. 101.573 (1) and funds remaining under s. 101.573 (3) (b), withhold
210.5% and certify to the state treasurer secretary of administration the proper amount
22to be paid from the appropriation under s. 20.143 (3) (L) to each city, village, and town
23entitled to a proportionate share of fire department dues as provided under sub. (1)
24(b) and s. 101.575. Annually, on or before August 1, the state treasurer secretary of
25administration
shall pay the amounts certified by the department to each such city,

1village, and town. This paragraph applies only to payment of a proportionate share
2of fire department dues collected for calendar years 2002 to 2004.
SB44-SSA1, s. 1844 3Section 1844. 101.563 (2) (b) 3. of the statutes is amended to read:
SB44-SSA1,757,164 101.563 (2) (b) 3. The amounts withheld under subds. 1. and 2. shall be
5disbursed to correct errors of the department or the commissioner of insurance. The
6department shall certify to the state treasurer secretary of administration the
7amount that must be disbursed to correct an error and the state treasurer secretary
8of administration
shall pay the amount to the specified city, village, or town. The
9balance of the amount withheld in a calendar year under subds. subd. 1. or 2., as
10applicable, which is not disbursed under this subdivision shall be included in the
11total compiled by the department under subd. 2. for the next calendar year, except
12that amounts withheld under subd. 2. from fire department dues collected for
13calendar year 2004 that are not disbursed under this subdivision shall be included
14in the total compiled by the department under s. 101.573 (3) (a) for the next calendar
15year. If errors in payments exceed the amount withheld, adjustments shall be made
16in the distribution for the next year.
SB44-SSA1, s. 1845 17Section 1845. 101.573 (1) of the statutes is amended to read:
SB44-SSA1,757,2318 101.573 (1) The department shall include in the compilation and certification
19of fire department dues under sub. (3) 2% of the premiums paid to the state fire fund
20for the insurance of any public property, other than state property. The department
21shall notify the state treasurer secretary of administration of the amount certified
22under this subsection and the state treasurer secretary of administration shall
23charge the amount to the state fire fund.
SB44-SSA1, s. 1846 24Section 1846. 101.573 (3) (a) of the statutes is amended to read:
SB44-SSA1,758,8
1101.573 (3) (a) On or before May 1 in each year, the department shall compile
2the fire department dues paid by all insurers under s. 601.93 and the dues paid by
3the state fire fund under sub. (1) and funds remaining under par. (b), withhold .5%
4and certify to the state treasurer secretary of administration the proper amount to
5be paid from the appropriation under s. 20.143 (3) (L) to each city, village, or town
6entitled to fire department dues under s. 101.575. Annually, on or before August 1,
7the state treasurer secretary of administration shall pay the amounts certified by the
8department to the cities, villages and towns eligible under s. 101.575.
SB44-SSA1, s. 1847 9Section 1847. 101.573 (3) (b) of the statutes is amended to read:
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