SB44: Bill Text

SB44,752,6 87.07 (4) Benefits and costs decisive. If the aggregate of the amounts collectible, as thus found by the department, exceeds the estimated cost of construction of the improvement, the department shall order that the work of constructing such improvement proceed. If such aggregate amount collectible is less than the estimated cost of such improvement, the department shall enter an order dismissing the petition, unless the difference between said aggregate amounts be deposited in cash with the state treasurer secretary of administration within one year. Such deposit may be made by any person or any public or private corporation. Upon the making of such deposit, the department shall enter a further order that the work of constructing the improvement proceed.

SB44, s. 1726 Section 1726. 87.11 (2) of the statutes is amended to read:

SB44,753,8 87.11 (2) But should the total cost, as ascertained and certified by the flood control board after the letting of the contracts, in the manner hereinabove set forth, exceed the total amount found by the department to be collectible under s. 87.09, all contracts for the construction of the work shall be null and void. At the expiration of one year after such certification, any moneys held by the state treasurer secretary of administration on account of the project shall be refunded to the persons by whom they were paid to such treasurer the secretary of administration; and funds in the hands of the flood control board shall be refunded to the public corporation by which they were paid to such board; any funds held by any town, village, or city, having been collected by special assessments against property benefited, shall be refunded to the owners of such property; any funds raised by any public corporation by the issuance of bonds on account of such proposed improvements shall constitute a fund for the retirement or payment of such bonds; and any fund held by any public corporation, having been raised otherwise than by special assessments or bond issues, shall be available for the general purposes of such public corporation. Provided, however, that if within one year after the last mentioned certification of the flood control board there shall be deposited with the treasurer of said board a sum equal to the difference between the aggregate cost of constructing the improvement as estimated by the department and the aggregate cost thereof as determined and certified by the flood control board after the letting of the contracts, said board shall proceed to relet the contracts for the construction of the improvement and to complete the same unless the aggregate of such new contract prices, together with the department's estimate of the cost of acquiring lands and of overhead expenses and of the first 18 months' operation and maintenance, shall again exceed the amount found by the department to be collectible under s. 87.09. The deposit herein referred to may be made by any person or any public or private corporation.

SB44, s. 1727 Section 1727. 87.13 of the statutes is amended to read:

SB44,753,21 87.13 Disbursements by board. All sums which shall be deposited with the state treasurer secretary of administration under s. 87.07 (4) for the construction of the improvement shall be paid by said treasurer the secretary of administration to the flood control board upon requisitions from said board. If any moneys, other than those for operation and maintenance during the first 18 months, remain unexpended in the hands of the flood control board or subject to their requisition after the completion of the construction of the improvement, and if the funds for construction of the improvement shall have been in part raised through voluntary contributions under s. 87.07 (4) or 87.11 (2), the amounts thus contributed, or such proportion thereof as the funds remaining in the hands of the board or subject to its requisition will pay, shall be returned to the persons or corporations who made such voluntary contributions, in proportion to the amounts contributed by them.

SB44, s. 1728 Section 1728. 88.66 (2) of the statutes is amended to read:

SB44,754,11 88.66 (2) Every district whose drains cross the right-of-way of a railway company is liable to such company for the reasonable cost of opening its right-of-way and also for the cost of the culverts and bridges made necessary by such drain. The drainage board shall include such costs in its cost of construction, as set forth in its report of benefits and damages, and shall award them as damages to the railway company. The bridge or culvert shall be designed by the district's engineer and the design submitted to the railway company for approval. If a dispute arises as to the adequacy of the design, either party may submit the dispute to the office of the commissioner of railroads division of hearings and appeals in the department of administration by filing with the office division of hearings and appeals a statement as to the facts involved and the nature of the dispute. The office division of hearings and appeals shall investigate and determine the matter in controversy in accordance with ch. 195, and any order it makes in such proceeding has the same effect as an order in any other proceeding properly brought under ch. 195.

SB44, s. 1729 Section 1729. 88.87 (4) of the statutes is amended to read:

SB44,754,19 88.87 (4) If a railway company fails to comply with sub. (2), any person aggrieved thereby may file a complaint with the office of the commissioner of railroads division of hearings and appeals in the department of administration setting forth the facts. The office division of hearings and appeals shall investigate and determine the matter in controversy in accordance with ch. 195, and any order it makes in such proceeding has the same effect as an order in any other proceeding properly brought under ch. 195.

SB44, s. 1730 Section 1730. 88.88 (2) of the statutes is amended to read:

SB44,755,2 88.88 (2) If the railway company fails to comply with sub. (1), the person aggrieved thereby may file a complaint with the office of the commissioner of railroads division of hearings and appeals in the department of administration setting forth the facts. The office division of hearings and appeals shall investigate and determine the matter in controversy in accordance with ch. 195, and any order it makes in such proceeding has the same effect as an order in any other proceeding properly brought under ch. 195.

SB44, s. 1731 Section 1731. 91.19 (6s) (a) (intro.) of the statutes is amended to read:

SB44,755,8 91.19 (6s) (a) (intro.) The department may release from a farmland preservation agreement any land acquired or to be acquired by a local unit of government the governing body of a municipality, as defined in s. 106.215 (1) (e) 281.59 (1) (c), for public improvements or structures, including highway improvements, if all of the following occur:

SB44, s. 1732 Section 1732. 93.07 (1) of the statutes is amended to read:

SB44,755,15 93.07 (1) Regulations. To make and enforce such regulations, not inconsistent with law, as it may deem necessary for the exercise and discharge of all of the powers and duties of the department, and to adopt such measures and make such regulations as are necessary and proper for the enforcement by the state of department to carry out its duties and powers under chs. 93 to 100, which regulations shall have the force of law.

SB44, s. 1733 Section 1733. 93.07 (23) of the statutes is created to read:

SB44,755,19 93.07 (23) Consumer protection administration. To administer ss. 100.01 to 100.14, 100.183 to 100.19, 100.201, 100.202, 100.206, 100.21 to 100.24, 100.265, 100.27, 100.285 to 100.30, 100.33 to 100.36, 100.45, 100.47, 100.48, and 100.51.

SB44, s. 1734 Section 1734. 93.07 (24) of the statutes is amended to read:

SB44,755,23 93.07 (24) Enforcement of laws. To enforce or assist in the enforcement of chs. 88 and 93 to 99, those laws under ch. 100 administered by the department, and all other laws entrusted to its administration, and especially:

SB44,756,3 (a) To enforce the laws administered by the department regarding the production, manufacture and sale, offering or exposing for sale or having in possession with intent to sell, of any dairy, food or drug product.

SB44,756,5 (b) To enforce the laws administered by the department regarding the adulteration or misbranding of any articles of food, drink, condiment or drug.

SB44,756,10 (c) To inspect any milk, butter, cheese, lard, syrup, coffee, tea or other article of food, drink, condiment or drug made or offered for sale within this state which it may suspect or have reason to believe, under the laws administered by the department, to be impure, unhealthful, misbranded, adulterated or counterfeit, or in any way unlawful.

SB44,756,15 (d) To prosecute or cause to be prosecuted, under the laws administered by the department, any person engaged in the manufacture or sale, offering or exposing for sale or having in possession with intent to sell, of any adulterated dairy product or of any adulterated, misbranded, counterfeit, or otherwise unlawful article or articles of food, drink, condiment or drug.

SB44, s. 1735 Section 1735. 93.18 (3) of the statutes is amended to read:

SB44,757,3 93.18 (3) The department of justice, after acting pursuant to s. 100.37 or 100.41 to 100.43 to order the sale or distribution of any substance, article, furnishing, fabric, product or related material ceased, shall give written notice of its finding to the manufacturer, seller or other person responsible for placing the item in the channels of trade in this state. After such notice no person may sell, remove or otherwise dispose of such item except as directed by the department of justice. Any person affected by such notice may demand a prompt hearing to determine the validity of the department's findings of the department of justice. The hearing, if requested, shall be held as expeditiously as possible but not later than 30 days after notice. A request for hearing does not operate to stay enforcement of the order during the pendency of the hearing. The person petitioning for a hearing shall be entitled to the same rights specified under sub. (2).

SB44, s. 1736 Section 1736. 93.18 (7) of the statutes is created to read:

SB44,757,7 93.18 (7) The department of justice shall follow the procedures under subs. (1), (2), (4), (5), and (6) in enforcing the provisions of ch. 100 that are administered by the department of justice.

SB44, s. 1737 Section 1737. 93.20 (1) of the statutes is amended to read:

SB44,757,12 93.20 (1) Definition. In this section, "action" means an action that is commenced in court by, or on behalf of, the department of agriculture, trade and consumer protection to enforce chs. 88, 91 to 100 or 126 or an action that is commenced in court by the department of justice to enforce ch. 100.

SB44, s. 1738 Section 1738. 93.22 (1) of the statutes is amended to read:

SB44,757,15 93.22 (1) In cases arising under chs. 88 and 93 to 100 99 and ss. 100.206, 100.21, 100.30, and 100.51, the department may be represented by its attorney.

SB44, s. 1739 Section 1739. 93.22 (2) of the statutes is amended to read:

SB44,757,20 93.22 (2) The department may, with the approval of the governor, appoint special counsel to prosecute or assist in the prosecution of any case arising under chs. 88 and 93 to 100 99 and ss. 100.206, 100.21, 100.30, and 100.51. The cost of such special counsel shall be charged to the appropriation for the department.

SB44, s. 1740 Section 1740. 93.31 of the statutes is amended to read:

SB44,758,15 93.31 Livestock breeders association. The secretary of the Wisconsin livestock breeders association shall on and after July 1 of each year make a report to the department, signed by the president, treasurer, and secretary of the association, setting forth in detail the receipts and disbursements of the association for the preceding fiscal year in such form and detail together with such other information as the department may require. On receipt of such reports, if the department is satisfied that the business of the association has been efficiently conducted during the preceding fiscal year and in the interest of and for the promotion of the special agricultural interests of the state and for the purpose for which the association was organized and if the final statement shows that all the receipts together with the state aid have been accounted for and disbursed for the proper and necessary purposes of the association, and in accordance with the laws of the state, then the department shall file a certificate with the department secretary of administration and it shall draw its warrant and the state treasurer he or she shall pay to the treasurer of the association the amount of the appropriations made available for the association by s. 20.115 (4) (a) for the conduct of junior livestock shows and other livestock educational programs. The association may upon application to the state purchasing agent, upon such terms as he or she may require, obtain printing for the association under the state contract.

SB44, s. 1741 Section 1741. 93.55 (2) of the statutes is amended to read:

SB44,758,24 93.55 (2) Collection grants. The department may award a grant to a county for a chemical and container collection program. A grant under this subsection shall fund all or a part of the cost of a program. Costs eligible for funding include the cost of establishing a collection site for chemicals and chemical containers, the cost of transporting chemical containers to a dealer or distributor for refill and reuse or to a hazardous waste facility, as defined in s. 291.01 (8), and costs associated with the proper use and handling and disposal or recycling of chemicals and chemical containers. Grants shall be paid from the appropriation under s. 20.115 (7) (v) (va).

SB44, s. 1742 Section 1742. 93.70 of the statutes is renumbered 93.70 (1).

SB44, s. 1743 Section 1743. 93.70 (2) of the statutes is created to read:

SB44,759,6 93.70 (2) The department may not make a payment under sub. (1) to a person whose name appears on the statewide support lien docket under s. 49.854 (2) (b), unless the person provides to the department a payment agreement that has been approved by the county child support agency under s. 59.53 (5) and that is consistent with rules promulgated under s. 49.858 (2) (a).

SB44, s. 1744 Section 1744. 94.64 (4) (a) 1. of the statutes is amended to read:

SB44,759,11 94.64 (4) (a) 1. A basic fee of 23 30 cents per ton for fertilizer sold or distributed beginning on October 29, 1999, and ending on June 30, 2001 before July 1, 2003, and 30 45 cents per ton for fertilizer sold or distributed after June 30, 2001 2003, with a minimum fee of $25.

SB44, s. 1745 Section 1745. 94.64 (4) (a) 5. of the statutes is amended to read:

SB44,759,15 94.64 (4) (a) 5. An agricultural chemical cleanup surcharge of 38 88 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).

SB44, s. 1746 Section 1746. 94.681 (1) (cm) of the statutes is created to read:

SB44,759,18 94.681 (1) (cm) "Payment period" means the 12 months ending on September 30 of the calendar year for which a license is sought under s. 94.68.

SB44, s. 1747 Section 1747. 94.681 (2) of the statutes is repealed and recreated to read:

SB44,760,2 94.681 (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. The amount of the fee is based on sales of pesticide products during the payment period. An applicant shall pay an estimated fee before the start of each license year as provided in sub. (3s) (a) and shall make a fee adjustment payment before the end of the license year if required under sub. (3s) (b). Except as provided in sub. (5) or (6), the fee for each pesticide product is as follows:

SB44,760,3 (a) For each household pesticide product:

SB44,760,5 1. If the applicant sells less than $25,000 of the product during the payment period for use in this state, $265.

SB44,760,7 2. If the applicant sells at least $25,000 but less than $75,000 of the product during the payment period for use in this state, $750.

SB44,760,9 3. If the applicant sells at least $75,000 of the product during the payment period for use in this state, $1,500.

SB44,760,10 (b) For each industrial pesticide product:

SB44,760,12 1. If the applicant sells less than $25,000 of the product during the payment period for use in this state, $315.

SB44,760,14 2. If the applicant sells at least $25,000 but less than $75,000 of the product during the payment period for use in this state, $860.

SB44,760,16 3. If the applicant sells at least $75,000 of that product during the payment period for use in this state, $3,060.

SB44,760,17 (c) For each nonhousehold pesticide product:

SB44,760,19 1. If the applicant sells less than $25,000 of that product during the payment period for use in this state, $320.

SB44,760,21 2. If the applicant sells at least $25,000 but less than $75,000 of the product during the payment period for use in this state, $890.

SB44,760,24 3. If the applicant sells at least $75,000 of the product during the payment period for use in this state, $3,060 plus 0.2% of the gross revenues from sales of the product during the payment period for use in this state.

SB44, s. 1748 Section 1748. 94.681 (3) of the statutes is amended to read:

SB44,761,10 94.681 (3) Nonhousehold pesticides; cleanup surcharge. Except for the license years that begin on January 1, 1999, and January 1, 2000, an 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. The amount of the surcharge is based on sales of nonhousehold pesticide products during the payment period. An applicant shall pay an estimated surcharge before the start of each license year as provided in sub. (3s) (a) and shall make a surcharge adjustment payment before the end of the license year if required by sub. (3s) (b). Except as provided in sub. (6) or under s. 94.73 (15), the amount of the surcharge is as follows:

SB44,761,12 (a) If the applicant sold sells less than $25,000 of the product during the preceding year payment period for use in this state, $5.

SB44,761,14 (b) If the applicant sold sells at least $25,000 but less than $75,000 of that product during the preceding year payment period for use in this state, $170.

SB44,761,18 (c) If the applicant sold sells at least $75,000 of that product during the preceding year payment period for use in this state, an amount equal to 1.1% of gross revenues from sales of the product during the preceding year payment period for use in this state.

SB44, s. 1749 Section 1749. 94.681 (3m) of the statutes is amended to read:

SB44,762,5 94.681 (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. The amount of the surcharge is based on sales of pesticide products that are not household pesticides and are solely labeled for use on wood and contain pentachlorophenol or coal tar creosote during the payment period. An applicant shall pay an estimated surcharge before the start of each license year as provided in sub. (3s) (a) and shall make a surcharge adjustment payment before the end of the license year if required by sub. (3s) (b). Except as provided in sub. (6), the amount of the surcharge is as follows:

SB44,762,7 (a) If the applicant sold sells less than $25,000 of the product during the preceding year payment period for use in this state, $5.

SB44,762,9 (b) If the applicant sold sells at least $25,000 but less than $75,000 of that product during the preceding year payment period for use in this state, $170.

SB44,762,13 (c) If the applicant sold sells at least $75,000 of that product during the preceding year payment period for use in this state, an amount equal to 1.1% of gross revenues from sales of the product during the preceding year payment period for use in this state.

SB44, s. 1750 Section 1750. 94.681 (3s) of the statutes is created to read:

SB44,762,23 94.681 (3s) Payment of fees and surcharges. (a) Before the start of a license year, an applicant shall estimate the gross revenues that the applicant will receive from sales of each pesticide product during the payment period that ends during the year for which a license is sought under s. 94.68 and shall pay the amounts under subs. (2), (3), and (3m) based on that estimate. At least 15 days before beginning to sell a new pesticide product in this state, a licensee shall estimate the gross revenues that the applicant will receive from sales of that pesticide product during the payment period in which the licensee begins to sell the pesticide product and shall pay the amounts under subs. (2), (3), and (3m) based on that estimate.

SB44,763,3 (b) Before the end of a license year, a licensee shall report to the department the gross revenues that the licensee received from sales of each pesticide product during the payment period that ended during the license year, as required under s. 94.68 (2) (a) 2., and shall reconcile the estimated payment made under par. (a) with the amounts actually due under subs. (2), (3), and (3m) as follows:

SB44,763,5 1. If the amount due based on actual sales is greater than the amount paid based on estimated sales, the licensee shall pay the additional amount due.

SB44,763,8 2. If the amount due based on actual sales is less than the amount paid based on estimated sales, the licensee may request the department to reimburse the licensee for the amount of the overpayment.

SB44,763,10 3. If the amount due based on actual sales equals the amount paid based on estimated sales, no action is required.

SB44,763,14 (c) 1. Except as provided in subd. 2., if a licensee's total payment due under par. (b) is more than 20% of the total amount paid under par. (a), the licensee shall pay a penalty equal to 20% of the total amount due under par. (b). The penalty under this subdivision is in addition to any late filing fee under s. 93.21 (5).

SB44,763,18 2. Subdivision 1. does not apply to a licensee if the licensee's payments under par. (a) are based on estimates of gross revenues from sales for each pesticide product that equal at least 90% of the licensee's gross revenues from sales of the pesticide product during the preceding year.

SB44, s. 1751 Section 1751. 94.72 (6) (a) 1. of the statutes is repealed.

SB44, s. 1752 Section 1752. 94.72 (6) (a) 2. of the statutes is amended to read:

SB44,763,22 94.72 (6) (a) 2. For commercial feeds distributed in this state on or after before January 1, 2002 2004, a feed inspection fee of 23 cents per ton.

SB44, s. 1753 Section 1753. 94.72 (6) (a) 2m. of the statutes is created to read:

SB44,763,25 94.72 (6) (a) 2m. For commercial feeds distributed in this state after December 31, 2003, a feed inspection fee of 30 cents per ton.

SB44, s. 1754 Section 1754. 94.73 (6) (b) of the statutes is amended to read:

SB44,764,5 94.73 (6) (b) Except as provided in pars. (c) and (e), the department shall reimburse a responsible person an amount equal to 80% 75% of the corrective action costs incurred for each discharge site that are greater than $3,000 and less than $400,000.

SB44, s. 1755 Section 1755. 94.73 (6) (c) (intro.) of the statutes is amended to read:

SB44,764,10 94.73 (6) (c) (intro.) Except as provided in par. (e), the department shall reimburse a responsible person an amount equal to 80% 75% 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:

SB44, s. 1756 Section 1756. 94.73 (15) (a) of the statutes is amended to read:

SB44,764,19 94.73 (15) (a) 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 agricultural chemical cleanup fund 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.