AB100: Bill Text

AB100,1100,14 94.685 (2) (a) A dealer or distributor applying for an annual license under sub. (1) shall apply on a form provided by the department. The application shall include the applicant's full name and the mailing address and street address of each business location from which the applicant sells, or intends to sell, restricted-use pesticides. The applicant shall submit the license fee and surcharge required under sub. (3) with the application.

AB100,1100,17 (b) No dealer or distributor may sell any restricted-use pesticide from a sales location opened during a license year until that dealer or distributor pays the license fee and surcharge required under sub. (3) for the new location.

AB100, s. 2521 Section 2521. 94.685 (3) of the statutes is repealed and recreated to read:

AB100,1100,21 94.685 (3) (a) A dealer or distributor shall pay the following annual license fee and surcharge for each location from which the dealer or distributor sells restricted-use pesticides:

AB100,1100,22 1. A license fee of $60.

AB100,1100,25 2. Beginning with the license year that begins on January 1, 2000, an agricultural chemical cleanup surcharge of $40, unless the department establishes a lower surcharge under s. 94.73 (15).

AB100,1101,2 (b) 1. The department shall deposit the fee under par. (a) 1. in the agrichemical management fund.

AB100,1101,4 2. The department shall credit the surcharge under par. (a) 2. to the appropriation account under s. 20.115 (7) (i).

AB100, s. 2522 Section 2522. 94.702 (3m) of the statutes is created to read:

AB100,1101,7 94.702 (3m) The department shall deposit the fees collected under sub. (3) in the agrichemical management fund.

AB100, s. 2523 Section 2523. 94.703 (3) (a) of the statutes is repealed and recreated to read:

AB100,1101,12 94.703 (3) (a) A person applying for an annual license under this section shall pay the following annual license fee and surcharge for each business location that the person operates in this state, including each business location added during the license year:

AB100,1101,13 1. A license fee of $70.

AB100,1101,16 2. Beginning with the license year that begins on January 1, 2000, an agricultural chemical cleanup surcharge of $55, unless the department establishes a lower surcharge under s. 94.73 (15).

AB100, s. 2524 Section 2524. 94.703 (3) (c) of the statutes is renumbered 94.703 (3) (c) 1. and amended to read:

AB100,1101,20 94.703 (3) (c) 1. The department shall deposit the fees collected under this subsection par. (a) 1. in the agrichemical management fund.

AB100, s. 2525 Section 2525. 94.703 (3) (c) 2. of the statutes is created to read:

AB100,1101,23 94.703 (3) (c) 2. The department shall credit surcharges collected under par. (a) 2. to the appropriation account under s. 20.115 (7) (i).

AB100, s. 2526 Section 2526. 94.704 (2) (intro.) of the statutes is amended to read:

AB100,1102,5 94.704 (2) (intro.) An application for a license under this section shall be submitted on a form provided by the department and shall be accompanied by the license fee and surcharge required under sub. (3). A license application shall include all of the following information, which shall be promptly updated by the licensee in the event of any change during the license period:

AB100, s. 2527 Section 2527. 94.704 (3) (a) of the statutes is repealed and recreated to read:

AB100,1102,8 94.704 (3) (a) Except as provided in par. (b), a person applying for an annual license under this section shall pay the following license fee and surcharge:

AB100,1102,10 1. A license fee of $40, except that the license fee is $30 for the license years that begin on January 1, 1998, and January 1, 1999.

AB100,1102,13 2. Beginning with the license year that begins on January 1, 2000, an agricultural chemical cleanup surcharge of $20, unless the department establishes a lower surcharge under s. 94.73 (15).

AB100, s. 2528 Section 2528. 94.704 (3) (c) of the statutes is created to read:

AB100,1102,16 94.704 (3) (c) 1. The department shall deposit license fees collected under par. (a) 1. in the agrichemical management fund.

AB100,1102,18 2. The department shall credit surcharges collected under par. (a) 2. to the appropriation account under s. 20.115 (7) (i).

AB100, s. 2529 Section 2529. 94.72 (6) (a) of the statutes is repealed and recreated to read:

AB100,1102,22 94.72 (6) (a) Fee amounts. Except as otherwise provided in this subsection, a person required to be licensed under sub. (5) shall pay the following annual inspection fees on all commercial feeds distributed in this state:

AB100,1102,24 1. For commercial feeds distributed in this state during the years that begin on January 1, 1997, and on January 1, 1998, 15 cents per ton.

AB100,1103,2 2. For commercial feeds distributed in this state on or after January 1, 1999, 25 cents per ton.

AB100, s. 2530 Section 2530. 94.72 (6) (am) of the statutes is created to read:

AB100,1103,10 94.72 (6) (am) Tonnage reports and fee payments. 1. By the last day of February annually, a person who is required to be licensed under sub. (5) shall file a tonnage report with the department showing the number of net tons of commercial feed that the person sold or distributed in this state during the preceding calendar year. By the last day of February annually, the person shall also pay the fees under par. (a) for commercial feed that the person sold or distributed in this state during the preceding calendar year, based on the tonnage report.

AB100,1103,13 2. At the request of the department, a person filing a tonnage report under subd. 1. shall make the records upon which the tonnage report is based available to the department for inspection, copying and audit.

AB100,1103,15 3. The department may not disclose information obtained from a tonnage report under subd. 1.

AB100, s. 2531 Section 2531. 94.73 (1) (g) of the statutes is amended to read:

AB100,1103,19 94.73 (1) (g) "Nonhousehold pesticide" has the meaning given in s. 94.68 (3) (a) 2., except that it does not include pentachlorophenol, inorganic arsenical wood preservatives and coal tar creosote 94.681 (1) (c).

AB100, s. 2532 Section 2532. 94.73 (2) (c) of the statutes is amended to read:

AB100,1104,6 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 under s. 20.115 (7) (e) or (w) (i) for the corrective action costs incurred as the result of the department's order.

AB100, s. 2533 Section 2533. 94.73 (3m) (L) of the statutes is amended to read:

AB100,1104,9 94.73 (3m) (L) The cost of a responsible person's time spent in planning and implementing the corrective action.

AB100, s. 2534 Section 2534. 94.73 (3m) (r) of the statutes is amended to read:

AB100,1104,15 94.73 (3m) (r) The cost of providing alternative sources of drinking water, except that, subject to sub. (6) (b) to (e) (d), the department may reimburse a responsible person who applies for reimbursement a total of not more than $20,000 for the replacement of private wells if the department or the department of natural resources orders the well replacement in response to a discharge.

AB100, s. 2535 Section 2535. 94.73 (4) (a) of the statutes is amended to read:

AB100,1104,20 94.73 (4) (a) Except as provided in par. (d), no responsible person may receive reimbursement for corrective action costs exceeding $20,000 $7,500 unless the responsible person submits to the department in writing, and the department approves, a work plan for the corrective action before the corrective action is taken.

AB100, s. 2536 Section 2536. 94.73 (5) (e) of the statutes is amended to read:

AB100,1105,7 94.73 (5) (e) No person may make a false statement or misrepresentation on an application submitted under this section. A person who makes a false statement or misrepresentation on an application related to a corrective action is ineligible for reimbursement related to that corrective action and is ineligible for any reimbursement related to any other corrective action taken or ordered within 5 years after the date of the false statement or misrepresentation. If the responsible person has received any reimbursement for which the responsible person is ineligible under this paragraph, the responsible person shall refund the full amount of that reimbursement to the department. The amounts refunded to the department under this paragraph shall be deposited in the agrichemical management fund credited to the appropriation account under s. 20.115 (7) (i).

AB100, s. 2537 Section 2537. 94.73 (6) (b) and (c) of the statutes are repealed and recreated to read:

AB100,1105,12 94.73 (6) (b) Except as provided in par. (c) or (d), the department shall reimburse a responsible person an amount equal to 80% of the corrective action costs incurred for each discharge site that are greater than $3,000 and less than $400,000.

AB100,1105,16 (c) Except as provided in par. (d), the department shall reimburse a responsible person an amount equal to 80% of the corrective action costs incurred for each discharge site that are greater than $7,500 and less than $400,000 if any of the following applies:

AB100,1105,17 1. The responsible person is required to be licensed under ss. 94.67 to 94.71.

AB100,1105,18 2. The responsible person employs more than 25 persons.

AB100,1105,19 3. The responsible person has gross annual sales of more than $2,500,000.

AB100, s. 2538 Section 2538. 94.73 (6) (d) of the statutes is amended to read:

AB100,1105,25 94.73 (6) (d) If the corrective action is related to a discharge that occurred in the course of transporting an agricultural chemical, the reimbursement under par. (b) this subsection is limited to 75% 80% of the corrective action costs that exceed $7,500 for a person required to be licensed under ss. 94.64 to 94.71 or that exceed $3,000 for any other person $3,000 but that do not exceed $50,000.

AB100, s. 2539 Section 2539. 94.73 (6) (e) of the statutes is repealed.

AB100, s. 2540 Section 2540. 94.73 (7) of the statutes is repealed and recreated to read:

AB100,1106,10 94.73 (7) Payment. (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 under s. 20.115 (7) (e) and (i), subject to the availability of funds in those appropriation accounts. 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.

AB100,1106,15 (b) The department may promulgate rules specifying the procedure by which, and the order in which, it will distribute payments under par. (a). The department may establish distribution priorities or formulas based on the severity of contamination, the time elapsed since corrective action costs were incurred or other factors that the department considers appropriate.

AB100, s. 2541 Section 2541. 94.73 (8) of the statutes is amended to read:

AB100,1106,22 94.73 (8) Subrogation. The department is entitled to the right of subrogation for the reimbursement of corrective action costs to the extent that a responsible person who receives reimbursement of corrective action costs may recover the costs from a 3rd party. The amounts collected by the department under this subsection shall be deposited in the agrichemical management fund credited to the appropriation account under s. 20.115 (7) (i).

AB100, s. 2542 Section 2542. 94.73 (13) of the statutes is amended to read:

AB100,1107,2 94.73 (13) Penalty. Any person who violates an order issued by the department under this section or an order issued or rule promulgated under this section shall forfeit not less than $10 nor more than $5,000 for each violation. Each day of continued violation is a separate offense.

AB100, s. 2543 Section 2543. 94.73 (15) of the statutes is created to read:

AB100,1107,11 94.73 (15) Surcharge adjustments. The department may, by rule, reduce any of the surcharges in ss. 94.64 (3r) (b) and (4) (a) 5., 94.681 (3), 94.685 (3) (a) 2., 94.703 (3) (a) 2. and 94.704 (3) (a) 2. below the amounts specified in those provisions. The department shall adjust surcharge amounts as necessary to maintain a balance in the appropriation account under s. 20.115 (7) (i) at the end of each fiscal year of at least $2,000,000 but not more than $5,000,000, but may not increase a surcharge amount over the amount specified in s. 94.64 (3r) (b) or (4) (a) 5., 94.681 (3), 94.685 (3) (a) 2., 94.703 (3) (a) 2. or 94.704 (3) (a) 2.

AB100, s. 2544 Section 2544. 95.72 (2) (c) 5. of the statutes is amended to read:

AB100,1107,14 95.72 (2) (c) 5. A Subject to ss. 93.13 and 93.135, a person may renew a license by submitting the required license fee and renewal form.

AB100, s. 2545 Section 2545. 97.29 (3) (cm) 1. of the statutes is amended to read:

AB100,1107,18 97.29 (3) (cm) 1. For a food processing plant that has an annual production of $25,000 or more but less than $250,000 and that is engaged in processing potentially hazardous food or in canning, the reinspection fee is $80.

AB100, s. 2546 Section 2546. 97.29 (3) (cm) 3. of the statutes is amended to read:

AB100,1107,22 97.29 (3) (cm) 3. For a food processing plant that has an annual production of $25,000 or more but less than $250,000 and that is not engaged in processing potentially hazardous food or in canning, the reinspection fee is $50.

AB100, s. 2547 Section 2547. 97.29 (3) (cm) 5. of the statutes is created to read:

AB100,1107,25 97.29 (3) (cm) 5. For a food processing plant that has an annual production of less than $25,000, the reinspection fee is $40.

AB100, s. 2548 Section 2548. 97.30 (3m) (a) 3. of the statutes is amended to read:

AB100,1108,6 97.30 (3m) (a) 3. Beginning with the license year that ends on June 30, 1995, an An annual weights and measures inspection fee of $45, except that this fee does not apply to a retail food establishment that is located in a municipality that has established a municipal department of weights and measures under s. 98.04 (1) for the purpose of enforcement of the provisions of ch. 98.

AB100, s. 2549 Section 2549. 97.30 (3m) (b) 3. of the statutes is amended to read:

AB100,1108,12 97.30 (3m) (b) 3. Beginning with the license year that ends on June 30, 1995, an An annual weights and measures inspection fee of $100, except that this fee does not apply to a retail food establishment that is located in a municipality that has established a municipal department of weights and measures under s. 98.04 (1) for the purpose of enforcement of the provisions of ch. 98.

AB100, s. 2550 Section 2550. 97.30 (3m) (c) 3. of the statutes is amended to read:

AB100,1108,18 97.30 (3m) (c) 3. Beginning with the license year that ends on June 30, 1995, an An annual weights and measures inspection fee of $25, except that this fee does not apply to a retail food establishment that is located in a municipality that has established a municipal department of weights and measures under s. 98.04 (1) for the purpose of enforcement of the provisions of ch. 98.

AB100, s. 2551 Section 2551. 98.16 (2) (a) 1. of the statutes is amended to read:

AB100,1109,2 98.16 (2) (a) 1. Except as provided in subd. 2., a person may not operate a vehicle scale without a license from the department. A separate license is required for each scale. A license is not transferable between persons or scales. A license expires on December March 31 annually. The department shall provide a license application form for persons applying for a license. The form may require information reasonably required by the department for licensing purposes. A license application shall be accompanied by applicable fees under pars. (b) and (c).

AB100, s. 2552 Section 2552. 98.16 (2) (b) of the statutes is amended to read:

AB100,1109,5 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.

AB100, s. 2553 Section 2553. 98.16 (2) (c) of the statutes is amended to read:

AB100,1109,13 98.16 (2) (c) An applicant for a license under par. (a) shall pay a license fee surcharge of $30 $200 in addition to the license fee if the department determines that within one year prior to submitting the license application the applicant operated a vehicle scale without a license as required by par. (a). Payment of the license fee surcharge does not relieve the applicant of any other civil or criminal liability for the operation of a vehicle scale without a license but shall not constitute evidence of violation of a law.

AB100, s. 2554 Section 2554. 98.18 (1) (title) of the statutes is amended to read:

AB100,1109,15 98.18 (1) (title) License required.

AB100, s. 2555 Section 2555. 98.18 (1) (a) 1. of the statutes is renumbered 98.18 (1) (a) and amended to read: