AB306: Bill Text

AB306,3,13 20.115 (7) (h) Fertilizer research assessments. All moneys collected under s. ss. 94.64 (4) (am) (a) 2. and 94.65 (6) (a) 3. to be used as provided in s. 94.64 (8m) for fertilizer research. From this paragraph, The department may use up to 3.5% of the gross amount collected shall be transferred to the appropriation under sub. (1) (a) as reimbursement for administrative expenses incurred by the department in connection with the moneys collected to collect moneys under s. ss. 94.64 (4) (am) (a) 2. and 94.65 (6) (a) 3. Moneys under this paragraph may not be utilized used for any other research or to influence either state or federal legislation.

AB306, s. 3 Section 3. 20.115 (7) (i) of the statutes is created to read:

AB306,3,19 20.115 (7) (i) Agricultural chemical cleanup reimbursement. All moneys received under ss. 94.64 (3r) (b) and (4) (a) 5., 94.681 (3) and (6) (a) 4., 94.685 (3) (a) 2., 94.703 (3) (a) 2., 94.704 (3) (a) 2. and 94.73 (5) (e) and (8) and all moneys transferred under 1997 Wisconsin Act .... (this act), section 55 (2 ), for reimbursement of corrective action costs under s. 94.73.

AB306, s. 4 Section 4. 20.115 (7) (w) of the statutes is repealed.

AB306, s. 5 Section 5. 20.285 (1) (hm) of the statutes is amended to read:

AB306,4,2 20.285 (1) (hm) Extension outreach. All moneys collected under s. 94.64 (4) (ar) (a) 3. to be used for university of Wisconsin-extension outreach services.

AB306, s. 6 Section 6. 25.46 (2) of the statutes is amended to read:

AB306,4,5 25.46 (2) The fees imposed under s. 94.64 (4) (an) (a) 4. for groundwater management.

AB306, s. 7 Section 7. 25.46 (4) of the statutes is amended to read:

AB306,4,8 25.46 (4) The moneys specified under s. 94.68 (4) (b), (bm) and (bt) 94.681 (7) (a) 1. and 2. for groundwater management.

AB306, s. 8 Section 8. 25.46 (4m) of the statutes is amended to read:

AB306,4,11 25.46 (4m) The moneys specified under s. 94.68 (4) (c) 94.681 (7) (a) 3. for environmental repair.

AB306, s. 9 Section 9. 25.46 (4s) of the statutes is amended to read:

AB306,4,13 25.46 (4s) The fees imposed under s. 94.681 (4) for environmental repair.

AB306, s. 10 Section 10. 25.465 (1) and (2) of the statutes are amended to read:

AB306,4,16 25.465 (1) The fees imposed collected under s. 94.64 (3) (c), (3m) (b), (3r) (a) and (4) (a) and (d) 1.

AB306,4,18 (2) The fees imposed collected under s. 94.65 (2) (a), (3) (b) and (6) (a) 1. and (b).

AB306, s. 11 Section 11. 25.465 (2m) of the statutes is created to read:

AB306,4,20 25.465 (2m) The fees collected under s. 94.66 (4).

AB306, s. 12 Section 12. 25.465 (3) and (4) of the statutes are amended to read:

AB306,4,23 25.465 (3) The fees and surcharges specified under s. 94.68 (4) (a) collected under s. 94.681 (2), (5) and (6) (a) 3., except as provided in s. 94.681 (7) (a).

AB306,4,24 (4) The fees imposed collected under s. 94.685 (3) (a) 1.

AB306, s. 13 Section 13. 25.465 (4m) of the statutes is created to read:

AB306,5,1 25.465 (4m) The fees collected under s. 94.702 (3).

AB306, s. 14 Section 14. 25.465 (5) to (8) of the statutes are amended to read:

AB306,5,3 25.465 (5) The fees imposed collected under s. 94.703 (3) (a) 1.

AB306,5,4 (6) The fees imposed collected under s. 94.704 (3) (a) 1.

AB306,5,5 (7) The fees imposed collected under s. 94.705 (4) (b).

AB306,5,6 (8) The fees imposed collected under s. 94.72 (5) (b) and (6) (a) and (i).

AB306, s. 15 Section 15. 25.465 (9) of the statutes is repealed.

AB306, s. 16 Section 16. 94.64 (3) (b) of the statutes is amended to read:

AB306,5,14 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).

AB306, s. 17 Section 17. 94.64 (3) (c) of the statutes is repealed.

AB306, s. 18 Section 18. 94.64 (3r) of the statutes is created to read:

AB306,5,18 94.64 (3r) License fees and surcharges. (a) A person applying for a license under sub. (3) shall pay the following annual license fees:

AB306,5,20 1. For each business location and each mobile unit that the applicant uses to manufacture fertilizer in this state, $30.

AB306,5,22 2. If the applicant distributes, but does not manufacture, fertilizer in this state, $30.

AB306,6,2 (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):

AB306,6,5 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.

AB306,6,7 2. If the applicant distributes, but does not manufacture, fertilizer in this state, $20.

AB306,6,10 (c) The department shall deposit the license fees collected under par. (a) in the agrichemical management fund. The department shall credit the surcharges collected under par. (b) to the appropriation account under s. 20.115 (7) (i).

AB306, s. 19 Section 19. 94.64 (4) to (6) of the statutes are repealed and recreated to read:

AB306,6,15 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:

AB306,6,18 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.

AB306,6,19 2. A research fee of 10 cents per ton, with a minimum fee of $1.

AB306,6,20 3. An additional research fee of 10 cents per ton, with a minimum fee of $1.

AB306,6,21 4. A groundwater fee of 10 cents per ton, with a minimum fee of $1.

AB306,6,24 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).

AB306,6,25 (b) Exemptions. Paragraph (a) does not apply to any of the following:

AB306,7,2 1. Fertilizer sold or distributed to a manufacturer for use in the further manufacture or processing of fertilizer.

AB306,7,4 2. Fertilizer sold or distributed to a person licensed under sub. (3) (a), for resale by that person.

AB306,7,6 (c) Use of fees and surcharges. 1. The department shall deposit the fee under par. (a) 1. in the agrichemical management fund.

AB306,7,8 2. The department shall credit the fee under par. (a) 2. to the appropriation account under s. 20.115 (7) (h).

AB306,7,10 3. The department shall credit the fee under par. (a) 3. to the appropriation account under s. 20.285 (1) (hm).

AB306,7,12 4. The department shall deposit the fee under par. (a) 4. in the environmental fund for groundwater management.

AB306,7,14 5. The department shall credit the surcharge under par. (a) 5. to the appropriation account under s. 20.115 (7) (i).

AB306,7,17 (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:

AB306,7,20 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.

AB306,7,22 2. Pay the fees and surcharges under sub. (4) on the tonnage reported under subd. 1.

AB306,7,24 (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.

AB306,8,4 (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.

AB306,8,7 (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.

AB306,8,9 (e) Audit. The department may audit a tonnage report under par. (a) 1., including the records on which the tonnage report is based.

AB306,8,15 (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.

AB306, s. 20 Section 20. 94.64 (6m) and (6p) of the statutes are created to read:

AB306,8,22 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.

AB306,8,25 (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).

AB306,9,3 (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.

AB306,9,10 (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).

AB306,9,13 (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.

AB306, s. 21 Section 21. 94.64 (8m) (a) of the statutes is amended to read:

AB306,9,21 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.

AB306, s. 22 Section 22. 94.65 (6) (a) 1. of the statutes is amended to read:

AB306,9,25 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.

AB306, s. 23 Section 23. 94.65 (6) (a) 3. of the statutes is amended to read:

AB306,10,7 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).

AB306, s. 24 Section 24. 94.65 (6) (c) of the statutes is created to read:

AB306,10,10 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.

AB306, s. 25 Section 25. 94.68 (1) (intro.) of the statutes is amended to read:

AB306,10,17 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:

AB306, s. 26 Section 26. 94.68 (2) of the statutes is repealed and recreated to read:

AB306,10,21 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:

AB306,10,22 1. All fees and surcharges required under s. 94.681.

AB306,11,2 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).

AB306,11,4 (b) The department may not disclose sales revenue information obtained under par. (a) 2.

AB306, s. 27 Section 27. 94.68 (3) of the statutes is repealed and recreated to read:

AB306,11,11 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) 1. and any fees and surcharges required under s. 94.681. The department may not disclose sales revenue information obtained under this subsection.

AB306, s. 28 Section 28. 94.68 (4) of the statutes is repealed.

AB306, s. 29 Section 29. 94.681 of the statutes is repealed and recreated to read: