AB100: Bill Text Engrossed

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.

AB100-engrossed, s. 2519 Section 2519. 94.681 of the statutes is repealed and recreated to read:

AB100-engrossed,1316,2 94.681 Pesticide manufacturers and labelers: fees and surcharges. (1) Definitions. In this section:

AB100-engrossed,1316,3 (a) "Household pesticide" means a pesticide that is any of the following:

AB100-engrossed,1316,4 1. A sanitizer.

AB100-engrossed,1316,5 2. A disinfectant.

AB100-engrossed,1316,6 3. A germicide.

AB100-engrossed,1316,7 4. An insect repellant that is applied to the human body or to clothing.

AB100-engrossed,1316,8 5. A pesticide that is used exclusively for the treatment of household pets.

AB100-engrossed,1316,11 6. A pesticide product that is labeled exclusively for household, lawn or garden use if the product either is sold in ready-to-use form or is sold exclusively in container sizes of less than one gallon.

AB100-engrossed,1316,13 7. A solid or liquid pesticide product that is used exclusively for the treatment of swimming pools, spas or hot tubs.

AB100-engrossed,1316,15 (b) "Industrial pesticide" means a pesticide that is not a household pesticide and that is one of the following:

AB100-engrossed,1316,17 1. Solely labeled for use on wood and contains pentachlorophenol, coal tar creosote or inorganic arsenical wood preservatives.

AB100-engrossed,1316,20 2. Labeled for use in controlling algae, fungi, bacteria, other microscopic organisms or mollusks in or on one or more of the following and for no other use except for a use described in par. (a) 6. or 7.:

AB100-engrossed,1316,22 a. Textiles, paper, leather, plastic, vinyl or other synthetic materials, metal or rubber.

AB100-engrossed,1316,23 b. Paints, varnishes, other coating products, lubricants or fuels.

AB100-engrossed,1316,25 c. Commercial, construction, manufacturing or industrial fluids, including adhesives, additives and pigments.

AB100-engrossed,1317,3 d. Commercial, construction, manufacturing or industrial processes, equipment, devices or containers, other than those used in the production or storage of human food or animal feed.

AB100-engrossed,1317,4 e. Air washing, cooling or heat transfer systems.

AB100-engrossed,1317,5 f. Medical equipment.

AB100-engrossed,1317,6 g. Drinking water or wastewater systems.

AB100-engrossed,1317,8 (c) "Nonhousehold pesticide" means a pesticide that is not a household pesticide or an industrial pesticide.

AB100-engrossed,1317,10 (d) "Preceding year" means the 12 months ending on September 30 of the year immediately preceding the year for which a license is sought under s. 94.68.

AB100-engrossed,1317,12 (e) "Primary producer" means a person who manufactures an active ingredient that is used to manufacture or produce a pesticide.

AB100-engrossed,1317,16 (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. Except as provided in sub. (5) or (6), the fee for each pesticide product is as follows:

AB100-engrossed,1317,17 (a) For each household pesticide product:

AB100-engrossed,1317,20 1. If the applicant sold less than $25,000 of the product during the preceding year for use in this state, $265, except that the fee is $215 for the license years that begin on January 1, 1999, and on January 1, 2000.

AB100-engrossed,1317,23 2. If the applicant sold at least $25,000 but less than $75,000 of the product during the preceding year for use in this state, $750, except that the fee is $650 for the license years that begin on January 1, 1999, and on January 1, 2000.

AB100-engrossed,1318,3 3. If the applicant sold at least $75,000 of the product during the preceding year for use in this state, $1,500, except that the fee is $1,200 for the license years that begin on January 1, 1999, and on January 1, 2000.

AB100-engrossed,1318,4 (b) For each industrial pesticide product:

AB100-engrossed,1318,7 1. If the applicant sold less than $25,000 of the product during the preceding year for use in this state, $315, except that the fee is $265 for the license years that begin on January 1, 1999, and on January 1, 2000.

AB100-engrossed,1318,10 2. If the applicant sold at least $25,000 but less than $75,000 of the product during the preceding year for use in this state, $860, except that the fee is $760 for the license years that begin on January 1, 1999, and on January 1, 2000.

AB100-engrossed,1318,13 3. If the applicant sold at least $75,000 of that product during the preceding year for use in this state, $3,060, except that the fee is $2,760 for the license years that begin on January 1, 1999, and on January 1, 2000.

AB100-engrossed,1318,14 (c) For each nonhousehold pesticide product:

AB100-engrossed,1318,17 1. If the applicant sold less than $25,000 of that product during the preceding year for use in this state, $320, except that the fee is $270 for the license years that begin on January 1, 1999, and on January 1, 2000.

AB100-engrossed,1318,20 2. If the applicant sold at least $25,000 but less than $75,000 of the product during the preceding year for use in this state, $890, except that the fee is $790 for the license years that begin on January 1, 1999, and on January 1, 2000.

AB100-engrossed,1319,2 3. If the applicant sold at least $75,000 of the product during the preceding year for use in this state, $3,060 plus 0.2% of the gross revenues from sales of the product during the preceding year for use in this state, except that for the license years that begin on January 1, 1999, and on January 1, 2000, the fee shall be $2,760 plus 0.2% of the gross revenues from sales of the product during the preceding year for use in this state.

AB100-engrossed,1319,8 (3) Nonhousehold pesticides; cleanup surcharge. Except for the license years that begin on January 1, 1999, and January 1, 2000, 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. Except as provided in sub. (6) or under s. 94.73 (15), the amount of the surcharge is as follows:

AB100-engrossed,1319,10 (a) If the applicant sold less than $25,000 of the product during the preceding year for use in this state, $5.

AB100-engrossed,1319,12 (b) If the applicant sold at least $25,000 but less than $75,000 of that product during the preceding year for use in this state, $170.

AB100-engrossed,1319,15 (c) If the applicant sold at least $75,000 of that product during the preceding year for use in this state, an amount equal to 1.1% of gross revenues from sales of the product during the preceding year for use in this state.

AB100-engrossed,1319,20 (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. Except as provided in sub. (6), the amount of the surcharge is as follows:

AB100-engrossed,1319,22 (a) If the applicant sold less than $25,000 of the product during the preceding year for use in this state, $5.

AB100-engrossed,1319,24 (b) If the applicant sold at least $25,000 but less than $75,000 of that product during the preceding year for use in this state, $170.

AB100-engrossed,1320,3 (c) If the applicant sold at least $75,000 of that product during the preceding year for use in this state, an amount equal to 1.1% of gross revenues from sales of the product during the preceding year for use in this state.

AB100-engrossed,1320,5 (4) Primary producers; well compensation fee. A primary producer applying for a license under s. 94.68 shall pay a well compensation fee of $150.

AB100-engrossed,1320,9 (5) Unreported pesticide; increased license fee. If a person applying for or holding a license under s. 94.68 sells or distributes a pesticide product for use in this state without having filed a report for the product under s. 94.68 (2) (a) 2. or (3), the license fee for that product is twice the amount determined under sub. (2).

AB100-engrossed,1320,12 (6) Discontinued pesticide; final license fee and cleanup surcharge. (a) A person holding a license under s. 94.68 who stops selling or distributing a pesticide product for use in this state shall do all of the following:

AB100-engrossed,1320,14 1. Notify the department by December 31 of the year in which the person stops selling or distributing the pesticide product for use in this state.

AB100-engrossed,1320,21 2. By March 31 of the year following the year in which the person stopped selling or distributing the pesticide product for use in this state, file a report with the department showing the gross revenue that the person derived from the sale of the pesticide product for use in this state from October 1 of the year before the year in which the person stopped selling or distributing the pesticide product to December 31 of the year in which the person stopped selling or distributing the pesticide product.

AB100-engrossed,1320,25 3. By March 31 of the year following the year in which the person stopped selling or distributing the pesticide product for use in this state, pay a final license fee for the pesticide product, calculated under sub. (2) based on the sales of the pesticide product during the period specified in subd. 2.

AB100-engrossed,1321,3 4. If the product is a nonhousehold pesticide, pay a final agricultural chemical cleanup surcharge calculated under sub. (3) based on sales of the product during the period specified in subd. 2.

AB100-engrossed,1321,6 5. If the product is a wood preservative to which sub. (3m) applies, pay a final environmental cleanup surcharge calculated under sub. (3m) based on sales of the product during the period specified in subd. 2.

AB100-engrossed,1321,7 (b) The department may not disclose information obtained under par. (a) 2.

AB100-engrossed,1321,10 (7) Use of fees and surcharges. (a) License fees. The department shall deposit all license fees collected under subs. (2), (5) and (6) (a) 3. in the agrichemical management fund except as follows:

AB100-engrossed,1321,13 1. The department shall deposit an amount equal to $94 for each pesticide product for which an applicant pays a license fee in the environmental fund for environmental management.

AB100-engrossed,1321,16 2. The department shall deposit a hazardous household waste collection and disposal fee of $30 for each household pesticide product for which an applicant pays a license fee in the environmental fund for environmental management.

AB100-engrossed,1321,19 (b) Nonhousehold pesticides; cleanup surcharge. The department shall deposit the surcharges collected under subs. (3) and (6) (a) 4. in the agricultural chemical cleanup fund.

AB100-engrossed,1321,22 (bm) Wood preservatives; cleanups surcharge. The department shall deposit the surcharges collected under subs. (3m) and (6) (a) 5. in the environmental fund for environmental management.

AB100-engrossed,1321,25 (c) Well compensation fee. The department shall deposit the well compensation fees collected under sub. (4) in the environmental fund for environmental management.

AB100-engrossed,1322,4 (8) Fees and surcharges nonrefundable. The department may not refund a fee or surcharge under this section after the department issues a license under s. 94.68 to the person who paid the fee or surcharge, unless the fee or surcharge was not properly charged or collected.

AB100-engrossed, s. 2520 Section 2520. 94.685 (2) of the statutes is repealed and recreated to read:

AB100-engrossed,1322,11 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-engrossed,1322,14 (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-engrossed, s. 2521 Section 2521. 94.685 (3) of the statutes is repealed and recreated to read:

AB100-engrossed,1322,18 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: