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287.31

287.31 Newspaper recycling fee.

287.31(1)

(1) Definitions. In this section:

287.31(1)(a)

(a) "Newspaper" means a publication that is printed on newsprint and that is published, printed and distributed in this state, at daily, weekly or other short, periodic intervals, for the dissemination of current news and information of a general character and of a general interest to the public. "Newspaper" also includes any "shoppers guide", as defined in s. 77.54 (15), that is printed on newsprint.

287.31(1)(b)

(b) "Recycled content" means the proportion of fiber in a newspaper that is derived from postconsumer waste.

287.31(2)

(2) Fee for not meeting target. Except as provided in sub. (4) (a), (am) or (c), each publisher of a newspaper shall annually pay to the department a newspaper recycling fee.

287.31(3)

(3) Amount.

287.31(3)(a)

(a) Except as provided in sub. (4) (b), the amount of the newspaper recycling fee imposed on a publisher under sub. (2) for any year is 1% of the total cost of newsprint used to print the newspaper during the year multiplied by the recycling status specified in par. (b).

287.31(3)(b)

(b) The recycling status is the target recycled content specified in par. (c) minus the actual recycled content specified in par. (d).

287.31(3)(c)

287.31(3)(c)1.

1. 1992, 10%.

287.31(3)(c)2.

2. 1994, 25%.

287.31(3)(c)2e.

2e. 1996, 35%.

287.31(3)(c)2m.

2m. 1998 and thereafter, 33%.

287.31(3)(d)

(d) The actual recycled content is the average of the recycled content of all newsprint used by that publisher to print the publisher's newspaper during the year.

287.31(4)

(4) Exceptions.

287.31(4)(a)

(a) The newspaper recycling fee imposed under sub. (2) does not apply to the publisher of a newspaper that meets or exceeds the target recycled content specified in sub. (3) (c).

287.31(4)(am)

(am) The newspaper recycling fee imposed under sub. (2) does not apply to the publisher of a newspaper if the publisher is unable to obtain recycled newsprint in sufficient quantity, has attempted to obtain recycled newsprint from every producer of recycled newsprint that offered to sell recycled newsprint to the publisher within the preceding 12 months, and submits to the department documentation of its attempts including the name and address of each producer of recycled newsprint that the publisher contacted and the name and telephone number of the contact person at each of the producers.

287.31(4)(b)

(b)

287.31(4)(b)1.

1. The department shall reduce the newspaper recycling fee imposed on a publisher if it determines that the publisher purchased newsprint under a contract signed on or before July 1, 1989, and all of the following apply:

287.31(4)(b)1.a.

a. The contract requires the publisher to accept and pay for newsprint having a recycled content less than the target recycled content specified in sub. (3) (c).

287.31(4)(b)1.b.

b. The contract does not contain language releasing the publisher from the obligation to purchase and pay for the newsprint upon the enactment of laws by this state relating to taxation or recycling of newsprint.

287.31(4)(b)2.

2. The department shall calculate the reduced fee under this paragraph as follows:

287.31(4)(b)2.a.

a. Subtract the amount of newsprint described in subd. 1. used by the publisher during the year from the total amount of newsprint used by the publisher during the year.

287.31(4)(b)2.b.

b. Divide the amount of newsprint determined under subd. 2. a. by the total amount of newsprint used by the publisher during the year.

287.31(4)(b)2.c.

c. Multiply the amount determined under subd. 2. b. by the amount of the newspaper recycling fee calculated under sub. (3).

287.31(4)(c)

(c) Subsection (3) does not apply to the publisher of a newspaper that has a circulation of less than 20,000 if the department determines, based on a review of a written request by the publisher, that compliance with the target recycled content requirements in sub. (3) (c) would create a financial hardship for the publisher. The department shall promulgate rules for making determinations of financial hardship under this paragraph.

287.31(5)

(5) Collection. The department shall specify by rule the form and manner for payment of the newspaper recycling fee.

287.31(6)

(6) Use of revenues. The newspaper recycling fees collected under sub. (5) shall be deposited in the recycling and renewable energy fund under s. 25.49.

287.31 - ANNOT.

History: 1989 a. 335; 1991 a. 39; 1995 a. 227 s. 904; Stats. 1995 s. 287.31; 1997 a. 274; 2001 a. 38; 2003 a. 106; 2007 a. 20.

287.31 - ANNOT.

Cross Reference: See also ch. NR 546, Wis. adm. code.