SB320: Bill Text

SB320, s. 6 Section 6. 93.35 of the statutes is repealed.

Note: Section 6 of this bill eliminates the statutory provisions containing the weather modification license and permit requirements. According to the department of agriculture, trade and consumer protection, it has not issued a weather modification license or permit since 1977.

SB320, s. 7 Section 7. 94.64 (3) (a) 1. of the statutes is amended to read:

SB320,4,5 94.64 (3) (a) 1. Except as provided in subd. 2., no person may manufacture or distribute fertilizer in this state without an annual license from the department. A separate license is required for each business location and each mobile unit at which the person manufactures fertilizer. A license shall expire on August 14 December 31 annually and is not transferable between persons or locations.

Note: Section 7 of this bill changes the expiration date for a license for the manufacture and distribution of fertilizer from August 14 of each year to December 31 of each year. According to the department of agriculture, trade and consumer protection, synchronizing the expiration dates of all agrochemical licenses to December 31 will minimize confusion over license renewal dates and will allow affected businesses to use a single application process to apply for up to 7 annual licenses.

SB320, s. 8 Section 8. 94.64 (3r) (b) (intro.) of the statutes is amended to read:

SB320,4,10 94.64 (3r) (b) (intro.) Beginning with the license year that begins on August 15, 2000, a 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):

Note: Section 8 of this bill eliminates the applicability date of August 15, 2000 for an applicant for a license to manufacture and distribute fertilizer to pay specified agricultural chemical cleanup surcharges. As provided in Section 13 of this bill, the changes made in the bill will apply for the license period that begins on August 15, 2001.

SB320, s. 9 Section 9. 94.65 (2) (a) of the statutes is amended to read:

SB320,4,17 94.65 (2) (a) Except as provided under par. (b), no person may manufacture or distribute a soil or plant additive in this state unless the person first obtains an annual license from the department. Application for a license or for renewal of a license shall be made on forms provided by the department and shall be accompanied by an annual license fee of $25. All licenses expire on March 31 December 31 annually.

Note: Section 9 of this bill changes the expiration date for a license for the manufacture and distribution of soil or plant additives from March 31 of each year to December 31 of each year. According to the department of agriculture, trade and consumer protection, synchronizing the expiration dates of all agrochemical licenses to December 31 will minimize confusion over license renewal dates and will allow affected businesses to use a single application process to apply for up to 7 annual licenses.

SB320, s. 10 Section 10. 94.72 (5) (b) of the statutes is amended to read:

SB320,5,14 94.72 (5) (b) Applications for a license shall be made on forms prescribed by the department listing each business location used in the manufacture or distribution of commercial feed in this state and such other information the department requires. Applications shall be accompanied by a license fee of $25 for each separate place of business used in the manufacture of commercial feed, other than custom-mixed feed, in this state and an inspection fee as required under sub. (6). Applications of manufacturers or distributors having no established place of business in this state, but otherwise subject to a license under this section, shall be accompanied by a license fee of $25 in addition to the required inspection fees. All licenses shall expire on the last day of February of each year December 31 annually. Licenses are not transferable and no credit or refund may be granted for licenses held for less than a full license year. No new business locations may be put into operation during the license year without the payment of an additional fee of $25 for each new location.

Note: Section 10 of this bill changes the expiration date for a license for the manufacture and distribution of commercial feed from the last date of February each year to December 31 of each year. According to the department of agriculture, trade and consumer protection, synchronizing the expiration dates of all agrochemical licenses to December 31 will minimize confusion over license renewal dates and will allow affected businesses to use a single application process to apply for up to 7 annual licenses.

SB320, s. 11 Section 11. 799.01 (1) (b) of the statutes is amended to read:

SB320,5,19 799.01 (1) (b) Forfeitures. Actions to recover forfeitures except as a different procedure is prescribed in s. 93.22 (4) and chs. 23, 66, 345, and 778, or elsewhere, and such different procedures shall apply equally to the state, a county , or a municipality regardless of any limitation contained therein.

Note: Section 11 of this bill specifies that department of agriculture, trade and consumer protection civil enforcement actions are exempt from the general requirement to bring forfeiture actions in small claims court. See also the Note after Section 5.

SB320, s. 12 Section 12. Nonstatutory provisions; license expiration.

SB320,6,4 (1) A license issued under section 94.64 (3) of the statutes, as affected by this act, for the license period that begins on August 15, 2001, expires on December 31, 2002.

SB320,6,6 (2) A license issued under section 94.65 (2) of the statutes, as affected by this act, for the license period that begins on April 1, 2001, expires on December 31, 2002.

SB320,6,9 (3) A license issued under section 94.72 (5) of the statutes, as affected by this act, for the license period that begins on March 1, 2001, expires on December 31, 2002.

Note: Section 12 of this bill provides that a license for the manufacture and distribution of fertilizer that begins on August 15, 2001 will expire on December 31, 2002 rather than August 14, 2002. Section 12 also provides that a license for the manufacture and distribution of soil or plant additives issued on April 1, 2001 will expire on December 31, 2002 instead of March 31, 2002. In addition, Section 12 provides that a license for the manufacture and distribution of commercial feed that begins on March 1, 2001 will expire on December 31, 2002 instead of the last day of February 2002.

SB320, s. 13 Section 13. Initial applicability; license expiration.

SB320,6,12 (1) The treatment of section 94.64 (3) (a) 1. and (3r) (b) (intro.) of the statutes first applies to licenses issued for the license period that begins on August 15, 2001.

SB320,6,14 (2) The treatment of section 94.65 (2) (a) of the statutes first applies to licenses issued for the license period that begins on April 1, 2001.

SB320,6,16 (3) The treatment of section 94.72 (5) (b) of the statutes first applies to licenses issued for the license period that begins on March 1, 2001.

SB320, s. 14 Section 14 . Initial applicability; forfeiture actions.

SB320,6,19 (1) The treatment of sections 93.22 (1), (2), (3), and (4) and 799.01 (1) (b) of the statutes first applies to violations committed on the effective date of this subsection.

SB320, s. 15 Section 15. Effective dates. This act takes effect on the day after publication, except as follows:

SB320,7,3 (1) The treatment of sections 93.22 (1), (2), (3), and (4) and 799.01 (1) (b) of the statutes and Section 14 (1) of this act take effect on September 1, 2002, or on the day after publication, whichever is later.

SB320,7,4 (End)