AB100: Bill Text Engrossed

AB100-engrossed, s. 2493b Section 2493b. 93.06 (12) of the statutes, as created by 1997 Wisconsin Act .... (this act), is repealed.

AB100-engrossed, s. 2494 Section 2494. 93.07 (5) of the statutes is amended to read:

AB100-engrossed,1305,15 93.07 (5) Advice to university of Wisconsin system. To give advice to the secretary of education state superintendent of public instruction as to the courses in agricultural economics to be given in the university of Wisconsin system.

AB100-engrossed, s. 2499 Section 2499. 93.41 (3) of the statutes is created to read:

AB100-engrossed,1305,20 93.41 (3) The department shall impose annual fees upon rural electric cooperatives organized under ch. 185. The amount of the fees shall total the amount appropriated under s. 20.115 (3) (jm). The fees received under this subsection shall be credited to the appropriation account under s. 20.115 (3) (jm).

AB100-engrossed, s. 2500 Section 2500. 93.47 (2) of the statutes is amended to read:

AB100-engrossed,1306,2 93.47 (2) The department may award grants from the appropriation accounts under s. 20.115 (4) (i) and (q) to individuals or organizations to fund demonstration projects designed to encourage the use of sustainable agriculture. The department shall promulgate rules to govern the sustainable agriculture grant program under this section.

AB100-engrossed, s. 2501 Section 2501. 93.47 (3) of the statutes is repealed.

AB100-engrossed, s. 2501e Section 2501e. 93.50 (1) (b) of the statutes is repealed.

AB100-engrossed, s. 2501f Section 2501f. 93.50 (2) (title) and (a) to (b) of the statutes are amended to read:

AB100-engrossed,1306,14 93.50 (2) (title) Board, mediators Mediators and arbitrators. (a) Selection of mediators. The board department shall select mediators who are residents of this state, who have the character and ability to serve as mediators and who have knowledge of financial or agricultural matters or of mediation processes. The board department shall ensure that each mediator receives sufficient training in mediation processes, resolving conflicts, farm finance and management and the farm credit system and practices to enable the mediator to perform his or her functions under this section.

AB100-engrossed,1306,21 (am) Selection of arbitrators. The board department shall select arbitrators who are residents of this state, who have the character and ability to serve as arbitrators and who have knowledge of financial or agricultural matters or of arbitration processes. The board department shall ensure that each arbitrator receives sufficient training in arbitration processes, resolving conflicts, farm finance and management and the farm credit system and practices to enable the arbitrator to perform his or her functions under this section.

AB100-engrossed,1306,24 (b) Compensation of mediators and arbitrators. Mediators and arbitrators shall be compensated for travel and other necessary expenses in amounts approved by the board department.

AB100-engrossed, s. 2501g Section 2501g. 93.50 (2) (d) to (f) of the statutes are amended to read:

AB100-engrossed,1307,4 93.50 (2) (d) Forms and publicity. The board department shall prepare all forms necessary for the administration of this section and shall ensure that forms are disseminated and that the availability of mediation and arbitration under this section is publicized.

AB100-engrossed,1307,10 (e) Exclusion from open records law. All mediators and arbitrators shall keep confidential all information and records obtained in conducting mediation and arbitration. The board department shall keep confidential all information and records that may serve to identify any party to mediation and arbitration under this section. Any information required to be kept confidential under this paragraph may be disclosed if the board department and the parties agree to disclosure.

AB100-engrossed,1307,17 (f) Rule making. The board department may promulgate rules necessary to implement this section. The board department may promulgate rules defining owners and creditors of agriculturally related businesses and permitting owners and creditors of such businesses to participate in mediation and arbitration subject to the same terms and conditions applicable to farmers and creditors under this section. The board may promulgate a rule under sub. (3) (am) 6. specifying a kind of dispute as eligible for mediation only with the approval of the department.

AB100-engrossed, s. 2501h Section 2501h. 93.50 (3) (am) 6. of the statutes is amended to read:

AB100-engrossed,1307,20 93.50 (3) (am) 6. A kind of dispute specified as eligible for mediation by the board department by rule.

AB100-engrossed, s. 2501i Section 2501i. 93.50 (3) (b) of the statutes is amended to read:

AB100-engrossed,1308,2 93.50 (3) (b) Request for mediation; agreement to mediate. To participate in mediation, the farmer or other party to a dispute described in par. (am) shall submit a request for mediation to the board department on forms prepared by the board department. The board department may not proceed under this section until the farmer and the other party have submitted an agreement to mediate.

AB100-engrossed, s. 2501j Section 2501j. 93.50 (3) (e) of the statutes is amended to read:

AB100-engrossed,1308,9 93.50 (3) (e) Selection of mediator. If the board department has obtained the agreement under par. (b), the farmer and the other party may request the board department to provide the names, mailing addresses and qualifications of up to 3 mediators located in the geographical area in which the agricultural property or farmer is located. The parties shall select a mediator or, upon request of the parties, the board department shall designate a mediator for the parties.

AB100-engrossed, s. 2501k Section 2501k. 93.50 (4) (b) of the statutes is amended to read:

AB100-engrossed,1308,16 93.50 (4) (b) Request for arbitration; agreement to arbitrate. To participate in arbitration, the farmer and other party under par. (a) shall submit a request for arbitration to the board department on a form prepared by the board department. After receipt of the request, if the parties wish to proceed to arbitration under this subsection, the board department shall require the parties to enter into an agreement to binding arbitration on a form prepared by the board department.

AB100-engrossed, s. 2501L Section 2501L. 93.50 (4) (e) of the statutes is amended to read:

AB100-engrossed,1308,23 93.50 (4) (e) Selection of arbitrator. After the board department has obtained the agreement under par. (b), the farmer and the other party may request the board department to provide the names, mailing addresses and qualifications of up to 3 arbitrators located in the geographical area in which the agricultural property or farmer is located. The parties shall select an arbitrator or, upon request of the parties, the board department shall designate an arbitrator for the parties.

AB100-engrossed, s. 2502 Section 2502. 93.60 of the statutes is amended to read:

AB100-engrossed,1309,12 93.60 Computer system equipment, staff and services transfers. The department may transfer to the appropriation account under s. 20.115 (8) (k) in each fiscal year an amount from the appropriation accounts under s. 20.115 (1) (g), (gb), (gh), (gm), (hm), (j), (jm), (m), (r) and (s), (2) (g), (ha), (j), (k) and (m), (3) (g), (h), (i), (j), (ja), (L) and (m), (7) (g), (ga), (gm), (k) and (m) and (8) (ga), (gm), (h), (ha), (i), (j), (kp), (ks), (m) and (pz) and (9) (m). The total amount that the department transfers in each fiscal year from these appropriation accounts to the appropriation account under s. 20.115 (8) (k) may not exceed the amount specified in the schedule under s. 20.115 (8) (k) for each fiscal year. The amounts transferred from each appropriation account shall be based on the actual costs incurred by the department for computer system equipment, staff and services provided for the purpose of that appropriation account.

AB100-engrossed, s. 2503 Section 2503. 94.64 (3) (b) of the statutes is amended to read:

AB100-engrossed,1309,19 94.64 (3) (b) An applicant for a license under par. (a) shall submit an application on a form provided by the department. The application shall include information reasonably required by the department for licensing purposes. As part of the application, the applicant shall identify the each business location or mobile unit that the applicant uses to manufacture fertilizer in this state. The application shall be accompanied by all applicable fees under par. (c) sub. (3r).

AB100-engrossed, s. 2504 Section 2504. 94.64 (3) (c) of the statutes is repealed.

AB100-engrossed, s. 2505 Section 2505. 94.64 (3r) of the statutes is created to read:

AB100-engrossed,1309,23 94.64 (3r) License fees and surcharges. (a) A person applying for a license under sub. (3) shall pay the following annual license fees:

AB100-engrossed,1309,25 1. For each business location and each mobile unit that the applicant uses to manufacture fertilizer in this state, $30.

AB100-engrossed,1310,2 2. If the applicant distributes, but does not manufacture, fertilizer in this state, $30.

AB100-engrossed,1310,6 (b) Beginning with the license year that begins on August 15, 2000, a person applying for a license under sub. (3) shall pay the following agricultural chemical cleanup surcharges, unless the department establishes lower surcharges under s. 94.73 (15):

AB100-engrossed,1310,9 1. For each business location and each mobile unit that the applicant uses to manufacture fertilizer in this state, other than a business location or mobile unit that is also licensed under s. 94.685 or 94.703, $20.

AB100-engrossed,1310,11 2. If the applicant distributes, but does not manufacture, fertilizer in this state, $20.

AB100-engrossed,1310,14 (c) The department shall deposit the license fees collected under par. (a) in the agrichemical management fund. The department shall deposit the surcharges collected under par. (b) in the agricultural chemical cleanup fund.

AB100-engrossed, s. 2506 Section 2506. 94.64 (4) to (6) of the statutes are repealed and recreated to read:

AB100-engrossed,1310,19 94.64 (4) Tonnage fees and surcharges. (a) Requirement. Except as provided in par. (b), a person who is required to be licensed under sub. (3) and who sells or distributes fertilizer in this state shall pay to the department the following fees and surcharges on all fertilizer that the person sells or distributes in this state:

AB100-engrossed,1310,22 1. A basic fee of 25 cents per ton for fertilizer sold or distributed from July 1, 1997, to June 30, 1999, and 32 cents per ton for fertilizer sold or distributed after June 30, 1999, with a minimum fee of $25.

AB100-engrossed,1310,23 2. A research fee of 10 cents per ton, with a minimum fee of $1.

AB100-engrossed,1310,24 3. An additional research fee of 10 cents per ton, with a minimum fee of $1.

AB100-engrossed,1310,25 4. A groundwater fee of 10 cents per ton, with a minimum fee of $1.

AB100-engrossed,1311,3 5. An agricultural chemical cleanup surcharge of 38 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).

AB100-engrossed,1311,4 (b) Exemptions. Paragraph (a) does not apply to any of the following:

AB100-engrossed,1311,6 1. Fertilizer sold or distributed to a manufacturer for use in the further manufacture or processing of fertilizer.

AB100-engrossed,1311,8 2. Fertilizer sold or distributed to a person licensed under sub. (3) (a), for resale by that person.

AB100-engrossed,1311,10 (c) Use of fees and surcharges. 1. The department shall deposit the fee under par. (a) 1. in the agrichemical management fund.

AB100-engrossed,1311,12 2. The department shall credit the fee under par. (a) 2. to the appropriation account under s. 20.115 (7) (h).

AB100-engrossed,1311,14 3. The department shall credit the fee under par. (a) 3. to the appropriation account under s. 20.285 (1) (hm).

AB100-engrossed,1311,16 4. The department shall deposit the fee under par. (a) 4. in the environmental fund for environmental management.

AB100-engrossed,1311,18 5. The department shall deposit the surcharge under par. (a) 5. in the agricultural chemical cleanup fund.

AB100-engrossed,1311,21 (5) Tonnage report and fee payment. (a) Requirement. A person who is required to pay fees or surcharges under sub. (4) shall do all of the following by August 14 annually:

AB100-engrossed,1311,24 1. File with the department a report that states the number of tons of each grade of fertilizer sold or distributed in this state during the 12 months ending on June 30 of that year on which the person is required to pay those fees or surcharges.

AB100-engrossed,1312,2 2. Pay the fees and surcharges under sub. (4) on the tonnage reported under subd. 1.

AB100-engrossed,1312,4 (b) Extended deadline. The department may extend the filing deadline under par. (a) for up to 30 days for cause, in response to a request filed before August 14.

AB100-engrossed,1312,8 (c) Late payment. If a person fails to pay a fee or surcharge when due under this section, the amount of the fee or surcharge is increased by $10 or 10% of the amount that the fee or surcharge would have been if paid when due, whichever is greater.

AB100-engrossed,1312,11 (d) Tonnage equivalents. A tonnage report under par. (a) 1. shall report liquid fertilizer tonnage in terms of dry fertilizer tonnage equivalents, as prescribed by the department.

AB100-engrossed,1312,13 (e) Audit. The department may audit a tonnage report under par. (a) 1., including the records on which the tonnage report is based.

AB100-engrossed,1312,19 (6) Records. A person who manufactures, sells or distributes fertilizer in this state shall keep records showing the grades and quantities of fertilizer manufactured, sold or distributed in this state. The person shall keep the records relating to the 12 months covered by a report under par. (a) 1. for at least 24 months following the date of filing the report. The person shall make the records available to the department for inspection and copying upon request.

AB100-engrossed, s. 2507 Section 2507. 94.64 (6m) and (6p) of the statutes are created to read:

AB100-engrossed,1313,2 94.64 (6m) Records confidential. The department may not disclose information obtained under sub. (5) or (6) that reveals the grades or amounts of fertilizer sold or distributed by any person. This subsection does not prohibit the department from preparing and distributing aggregate information that does not reveal the grades or amounts of fertilizer sold or distributed by individual sellers or distributors.

AB100-engrossed,1313,5 (6p) Summary license suspension. (a) The department may by written notice, without prior hearing, summarily suspend the license of any person who fails to file a report or pay a fee or surcharge as required under sub. (5).

AB100-engrossed,1313,8 (b) A summary license suspension under par. (a) takes effect on the date specified in the notice, which may be no sooner than 10 days after the date on which the notice is received by the recipient.

AB100-engrossed,1313,15 (c) A person whose license is suspended under par. (a) may request a meeting concerning the suspension. The department shall hold an informal meeting with the requester as soon as reasonably possible and not more than 10 days after the requester makes the request in writing, unless the requester agrees to a later date. If the matter is not resolved at the informal meeting, the requester may request a formal contested case hearing under ch. 227. A request for a hearing does not stay a summary suspension under par. (a).

AB100-engrossed,1313,18 (d) A person who is required to pay a fee or surcharge under sub. (5) remains obligated to pay the fee or surcharge regardless of whether the person continues to be licensed under this section.

AB100-engrossed, s. 2508 Section 2508. 94.64 (8m) (a) of the statutes is amended to read:

AB100-engrossed,1314,2 94.64 (8m) (a) Use of funds. At the end of each fiscal year, the moneys collected under sub. (4) (am) (a) 2. and s. 94.65 (6) (a) 3. shall be forwarded to the university of Wisconsin system to be used for research on soil management, soil fertility, plant nutrition problems and for research on surface water and groundwater problems which may be related to fertilizer usage; for dissemination of the results of the research; and for other designated activities tending to promote the correct usage of fertilizer materials.

AB100-engrossed, s. 2510 Section 2510. 94.65 (6) (a) 1. of the statutes is amended to read:

AB100-engrossed,1314,8 94.65 (6) (a) 1. Annually by March 31, file with the department a tonnage report setting forth the number of tons of each soil or plant additive distributed during the preceding year by that person or by any other person authorized under sub. (3) (a) 2. to distribute under the name of that person and pay to the department an inspection a fee of 70 25 cents per ton so distributed. The minimum total fee is $25.

AB100-engrossed, s. 2511 Section 2511. 94.65 (6) (a) 3. of the statutes is amended to read:

AB100-engrossed,1314,13 94.65 (6) (a) 3. Annually by March 31, pay to the department a research fee of 10 cents for each ton of soil or plant additive distributed as described in the tonnage report filed under subd. 1. The minimum research fee is $1 for 10 tons or less. The department shall credit this fee to the appropriation account under s. 20.115 (7) (h).

AB100-engrossed, s. 2512 Section 2512. 94.65 (6) (a) 4. of the statutes is amended to read:

AB100-engrossed,1314,19 94.65 (6) (a) 4. Annually by March 31, pay to the department a groundwater fee of 10 cents for each ton of soil or plant additive distributed, as described in the tonnage report filed under subd. 1. The minimum groundwater fee is $1 for 10 tons or less. All groundwater fees shall be credited to the environmental fund for groundwater environmental management.

AB100-engrossed, s. 2513 Section 2513. 94.65 (6) (c) of the statutes is created to read:

AB100-engrossed,1314,22 94.65 (6) (c) The department shall deposit fees collected under pars. (a) 1. and (b) and subs. (2) (a) and (3) (b) in the agrichemical management fund.

AB100-engrossed, s. 2515 Section 2515. 94.68 (1) (intro.) of the statutes is amended to read:

AB100-engrossed,1315,4 94.68 (1) (intro.) No person may manufacture, formulate, package, label or otherwise produce pesticides for sale or distribution in this state, or sell or offer to sell pesticides to purchasers in this state, whether or not the sales are made wholly or partially in this state or another state, without a license from the department. A license expires on December 31 annually and is not transferable. No license may be is required of persons engaged only in the following:

AB100-engrossed, s. 2516 Section 2516. 94.68 (2) of the statutes is repealed and recreated to read:

AB100-engrossed,1315,8 94.68 (2) (a) An application for a license under sub. (1) shall be made on a form prescribed by the department. An applicant shall submit all of the following with the application:

AB100-engrossed,1315,9 1. All fees and surcharges required under s. 94.681.

AB100-engrossed,1315,13 2. A report identifying each pesticide that the applicant sells or distributes for use in this state and the gross revenue that the applicant derived from the sale or distribution of each pesticide during the preceding year, as defined in s. 94.681 (1) (d).

AB100-engrossed,1315,15 (b) The department may not disclose sales revenue information obtained under par. (a) 2.

AB100-engrossed, s. 2517 Section 2517. 94.68 (3) of the statutes is repealed and recreated to read:

AB100-engrossed,1315,22 94.68 (3) At least 15 days before a person holding a license under this section begins to sell or distribute for use in this state a pesticide product that was not identified in the person's most recent annual license application, the person shall file a supplementary report with the information required under sub. (2) (a) 2. and any fees and surcharges required under s. 94.681. The department may not disclose sales revenue information obtained under this subsection.

AB100-engrossed, s. 2518 Section 2518. 94.68 (4) of the statutes is repealed.