SB44: Bill Text

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.

SB44, s. 1757 Section 1757. 97.24 (4) (a) of the statutes is amended to read:

SB44,765,13 97.24 (4) (a) Regulation of the production, processing and distribution of milk and fluid milk products under minimum sanitary requirements which are uniform throughout this state and the United States is essential for the protection of consumers and the economic well-being of the dairy industry, and is therefore a matter of statewide concern; however, nothing in this section shall impair or abridge the power of any municipality or county to regulate milk or fluid milk products under sanitary requirements and standards which are in reasonable accord with those established under this section or the power to impose reasonable license permit and inspection fees which combined shall not exceed the cost of necessary inspection. A municipality or county may not impose any fee for its inspection of milk producers, dairy plant facilities or dairy products which are under the inspection supervision of another governmental unit within or without the state with a valid certification rating made or approved by the department of health and family services. No governmental unit may impose or collect a fee directly from the producer. A license or permit fee not to exceed $25 annually may be imposed on milk distributors licensed under s. 97.22 and on dairy plants under the inspection supervision of another governmental unit which are engaged in the distribution of milk within a municipality or county.

SB44, s. 1758 Section 1758. 97.24 (4) (b) of the statutes is amended to read:

SB44,765,22 97.24 (4) (b) No sanitary requirement or standard established under this section or contained in any ordinance may prohibit the sale of milk or fluid milk products which are produced and processed under laws or rules of any governmental unit, within or without this state, which are substantially equivalent to the requirements of the rules promulgated under this section, and which are enforced with equal effectiveness, as determined by a milk sanitation rating made or approved by the department of health and family services, under rules promulgated under this section.

SB44, s. 1759 Section 1759. 100.07 (6) of the statutes is amended to read:

SB44,766,2 100.07 (6) Action Upon request of the department of agriculture, trade, and rural resources, an action to enjoin violation of this section may be commenced and prosecuted by the department of justice in the name of the state in any court having equity jurisdiction.

SB44, s. 1760 Section 1760. 100.171 (7) (b) of the statutes, as affected by 2001 Wisconsin Act 109, section 263, is amended to read:

SB44,766,8 100.171 (7) (b) Whoever intentionally violates this section is guilty of a Class I felony. A person intentionally violates this section if the violation occurs after the department of justice or a district attorney has notified the person by certified mail that the person is in violation of this section.

SB44, s. 1761 Section 1761. 100.171 (8) (intro.) of the statutes is amended to read:

SB44,766,12 100.171 (8) Enforcement. (intro.) The department of justice shall investigate violations of this section. The department of justice or any district attorney may on behalf of the state:

SB44, s. 1762 Section 1762. 100.173 (4) (intro.) of the statutes is amended to read:

SB44,766,16 100.173 (4) (intro.) The department of justice shall investigate violations of this section. The department of justice, or any district attorney upon informing the department of justice, may, on behalf of the state, do any of the following:

SB44, s. 1763 Section 1763. 100.173 (4) (a) of the statutes is amended to read:

SB44,766,24 100.173 (4) (a) Bring an action for temporary or permanent injunctive relief in any court of competent jurisdiction for any violation of this section. The relief sought by the department of justice or district attorney may include the payment by a promoter into an escrow account of an amount estimated to be sufficient to pay for ticket refunds. The court may, upon entry of final judgment, award restitution when appropriate to any person suffering loss because of violations of this section if proof of such loss is submitted to the satisfaction of the court.

SB44, s. 1764 Section 1764. 100.174 (5) (intro.) of the statutes is amended to read:

SB44,767,2 100.174 (5) (intro.) The department of justice or any district attorney may on behalf of the state:

SB44, s. 1765 Section 1765. 100.174 (6) of the statutes is amended to read:

SB44,767,5 100.174 (6) The department of justice shall investigate violations of and enforce this section.

SB44, s. 1766 Section 1766. 100.175 (5) (a) (intro.) of the statutes is amended to read:

SB44,767,12 100.175 (5) (a) (intro.) No person may collect or by contract require a buyer to pay more than $100 for dating services before the buyer receives or has the opportunity to receive those services unless the person selling dating services establishes proof of financial responsibility by maintaining any of the following commitments approved by the department of justice in an amount not less than $25,000:

SB44, s. 1767 Section 1767. 100.175 (5) (b) of the statutes is amended to read:

SB44,767,19 100.175 (5) (b) The commitment described in par. (a) shall be established in favor of or made payable to the state, for the benefit of any buyer who does not receive a refund under the contractual provision described in sub. (3). The person selling dating services shall file with the department of justice any agreement, instrument or other document necessary to enforce the commitment against the person selling dating services or any relevant 3rd party, or both.

SB44, s. 1768 Section 1768. 100.175 (7) (a) (intro.) of the statutes is amended to read:

SB44,767,22 100.175 (7) (a) (intro.) The department of justice or any district attorney may on behalf of the state:

SB44, s. 1769 Section 1769. 100.175 (7) (b) of the statutes is amended to read:

SB44,768,2 100.175 (7) (b) The department of justice may bring an action in circuit court to recover on a financial commitment maintained under sub. (5) against a person selling dating services or relevant 3rd party, or both, on behalf of any buyer who does not receive a refund due under the contractual provision described in sub. (3).

SB44, s. 1770 Section 1770. 100.177 (1) (bm) of the statutes is created to read:

SB44,768,5 100.177 (1) (bm) Notwithstanding s. 93.01 (3), "department" means the department of justice.

SB44, s. 1771 Section 1771. 100.178 (1) (b) of the statutes is amended to read:

SB44,768,8 100.178 (1) (b) Notwithstanding s. 93.01 (3), "department" means the department of health and family services justice.

SB44, s. 1772 Section 1772. 100.18 (11) (a) of the statutes is amended to read:

SB44,768,14 100.18 (11) (a) The department of agriculture, trade and consumer protection justice shall enforce this section. Actions to enjoin violation of this section or any regulations thereunder may be commenced and prosecuted by the department of justice in the name of the state in any court having equity jurisdiction. This remedy is not exclusive.

SB44, s. 1773 Section 1773. 100.18 (11) (b) 3. of the statutes is amended to read:

SB44,768,20 100.18 (11) (b) 3. No action may be commenced under this section more than 3 years after the occurrence of the unlawful act or practice which is the subject of the action. No injunction may be issued under this section which would conflict with general or special orders of the department of justice or any statute, rule or regulation of the United States or of this state.

SB44, s. 1774 Section 1774. 100.18 (11) (c) 1. of the statutes is amended to read:

SB44,769,5 100.18 (11) (c) 1. Whenever the department of justice has reason to believe that a person is in possession, custody or control of any information or documentary material relevant to the enforcement of this section it may require that person to submit a statement or report, under oath or otherwise, as to the facts and circumstances concerning any activity in the course of trade or commerce; examine under oath that person with respect to any activity in the course of trade or commerce; and execute in writing and cause to be served upon such person a civil investigative demand requiring the person to produce any relevant documentary material for inspection and copying.

SB44, s. 1775 Section 1775. 100.18 (11) (c) 2. of the statutes is amended to read:

SB44,769,9 100.18 (11) (c) 2. The department of justice, in exercising powers under this subsection, may issue subpoenas, administer oaths and conduct hearings to aid in any investigation.

SB44, s. 1776 Section 1776. 100.18 (11) (c) 3. of the statutes is amended to read:

SB44,769,14 100.18 (11) (c) 3. Service of any notice by the department of justice requiring a person to file a statement or report, or service of a subpoena upon a person, or service of a civil investigative demand shall be made in compliance with the rules of civil procedure of this state.

SB44, s. 1777 Section 1777. 100.18 (11) (c) 4. of the statutes is amended to read:

SB44,769,20 100.18 (11) (c) 4. If a person fails to file any statement or report, or fails to comply with any civil investigative demand, or fails to obey any subpoena issued by the department of justice, such person may be coerced as provided in s. 885.12, except that no person shall be required to furnish any testimony or evidence under this subsection which might tend to incriminate the person.

SB44, s. 1778 Section 1778. 100.18 (11) (d) of the statutes is amended to read:

SB44,770,7 100.18 (11) (d) The department or the department of justice, after consulting with the department, or any district attorney, upon informing the department of justice, may commence an action in circuit court in the name of the state to restrain by temporary or permanent injunction any violation of this section. The court may in its discretion, prior to entry of final judgment, make such orders or judgments as may be necessary to restore to any person any pecuniary loss suffered because of the acts or practices involved in the action, provided proof thereof is submitted to the satisfaction of the court. The department and the department of justice may subpoena persons and require the production of books and other documents , and the department of justice may request the department to exercise its authority under par. (c) to aid in the investigation of alleged violations of this section.

SB44, s. 1779 Section 1779. 100.18 (11) (e) of the statutes is amended to read:

SB44,770,18 100.18 (11) (e) In lieu of instituting or continuing an action pursuant to this section, the department or the department of justice may accept a written assurance of discontinuance of any act or practice alleged to be a violation of this section from the person who has engaged in such act or practice. The acceptance of such assurance by either the department or the department of justice shall be deemed acceptance by the other state officials enumerated in par. (d) any district attorney if the terms of the assurance so provide. An assurance entered into pursuant to this section shall not be considered evidence of a violation of this section, provided that violation of such an assurance shall be treated as a violation of this section, and shall be subjected to all of the penalties and remedies provided therefor.

SB44, s. 1780 Section 1780. 100.182 (5) (a) of the statutes is amended to read:

SB44,770,25 100.182 (5) (a) Any district attorney, after informing the department of justice, or the department of justice may seek a temporary or permanent injunction in circuit court to restrain any violation of this section. Prior to entering a final judgment the court may award damages to any person suffering monetary loss because of a violation. The department of justice may subpoena any person or require the production of any document to aid in investigating alleged violations of this section.

SB44, s. 1781 Section 1781. 100.182 (5) (b) of the statutes is amended to read:

SB44,771,8 100.182 (5) (b) In lieu of instituting or continuing an action under this subsection, the department of justice may accept a written assurance from a violator of this section that the violation has ceased. If the terms of the assurance so provide, its acceptance by the department of justice prevents all district attorneys from prosecuting the violation. An assurance is not evidence of a violation of this section but violation of an assurance is subject to the penalties and remedies of violating this section.

SB44, s. 1782 Section 1782. 100.20 (2) (a) of the statutes is amended to read:

SB44,771,15 100.20 (2) (a) The department of justice, after public hearing, may issue general orders forbidding methods of competition in business or trade practices in business which are determined by the department of justice to be unfair. The department of justice, after public hearing, may issue general orders prescribing methods of competition in business or trade practices in business which are determined by the department of justice to be fair.

SB44, s. 1783 Section 1783. 100.20 (2) (b) of the statutes is amended to read: