AB742: Bill Text

AB742,10,16 168.06 (1) For the purposes of administering this chapter, inspectors may take samples of gasoline gasoline-alcohol fuel blends, kerosene, other refined oils, fuel oils and petroleum distillates products for tests and make inspections at any points within or without this state, and may open any original container containing gasoline, gasoline-alcohol fuel blends, kerosene, other refined oils, fuel oils and petroleum distillates products and take a true sample of not less than 8 ounces of the contents thereof, even though the original containers may still be in the possession of a common or contract carrier, provided the opening and sampling does not unduly inconvenience or hamper the transportation of the fuel products. After the original containers are opened and sampled the same, the inspector shall be resealed reseal the containers with seals furnished by the department for such purposes. The authority conferred by this section shall be in addition to, and not in limitation of, any of the provisions of s. 168.05.

AB742, s. 24 Section 24. 168.06 (2) of the statutes is amended to read:

AB742,10,23 168.06 (2) If any petroleum fuel product is emptied or transferred into any container in which is contained containing any other grade of petroleum fuel product, then the entire commingling shall be deemed considered uninspected and a sample of such the commingled petroleum product fuel products shall be taken before such the commingled petroleum product is fuel products are removed from such the container, sold, offered for sale, or used.

AB742, s. 25 Section 25. 168.06 (3) of the statutes is amended to read:

AB742,11,11 168.06 (3) Notice of such the commingling of any petroleum fuel products shall be given in the same manner and subject to the same conditions as notice of the receipts of petroleum fuel products as provided in s. 168.05. The sample of such the commingled petroleum fuel products shall be taken by the inspector within a reasonable length of time, as defined and set forth provided in s. 168.05, after notice. If such the inspector does not take such the sample within such that time, the commingler shall take a true sample of not less than 8 ounces of the commingled petroleum fuel products. The taking, sealing, and holding of such the sample by the commingler shall, so far as applicable, be governed by the provisions of s. 168.05 relating to the same by a person receiving a petroleum fuel product.

AB742, s. 26 Section 26. 168.07 (1) of the statutes is amended to read:

AB742,12,6 168.07 (1) The inspector shall may inspect each sample samples of petroleum product and if the inspector finds that it meets fuel products to determine whether the samples meet the minimum specifications prescribed by the department, the inspector shall issue an inspection certificate, except that inspections for particular grade specifications shall be at the discretion of. The inspector shall determine whether the samples meet grade specifications after the department tests the samples. If an inspector believes that a fuel product has been misidentified, an inspection shall be performed. If the inspector finds that the petroleum fuel product does not meet the minimum specifications prescribed by the department, the inspector shall notify the person for whom the inspection was made. After such notice, no person may sell or use the fuel product in this state or remove it from storage as long as it fails to meet the minimum specifications prescribed by the department or until satisfactory disposition is approved by the inspector. Any transporter, wholesaler, or distributor of petroleum fuel products who delivers or causes to be delivered a petroleum fuel product that fails to meet the minimum specifications prescribed by the department shall, at the direction of the department, remove the petroleum fuel product and dispose of it in a manner approved by the department. The department may contract for the performance of testing conducted under this subsection.

Note: Authorizes, rather than requires, an inspector to inspect fuel products to determine whether the samples meet minimum Department of Commerce specifications and eliminates the requirement that an inspector issue an inspection certificate.

AB742, s. 27 Section 27. 168.07 (2) of the statutes is amended to read:

AB742,12,11 168.07 (2) Inspections under sub. (1) shall be conducted, so far as applicable, in accordance with the methods outlined in the latest revision of the ASTM International Annual Book of Standards of the American Society for Testing and Materials.

AB742, s. 28 Section 28. 168.08 (intro.) of the statutes is amended to read:

AB742,12,14 168.08 Records. (intro.) The department shall keep a record of each inspection made, showing all of the following:

AB742, s. 29 Section 29. 168.09 of the statutes is amended to read:

AB742,12,21 168.09 Authority to enter. Any inspector may enter in or upon the premises of any manufacturer, distributor, vendor, dealer, or user of gasoline, gasoline-alcohol fuel blends, kerosene, other refined oils, fuel oils and petroleum distillates, fuel products during regular business hours to determine whether any petroleum fuel product intended for sale or use has not been sampled and inspected in accordance with this chapter.

Note: Authorizes an inspector to enter the premises of a "distributor" of fuel products, in addition to a manufacturer, vendor, dealer, or user of fuel products.

AB742, s. 30 Section 30. 168.10 of the statutes is amended to read:

AB742,13,14 168.10 Access to records. Every agent or employee of any railroad company or other transportation company and every person transporting gasoline, gasoline-alcohol fuel blends, kerosene, other refined oils, fuel oils and petroleum distillates fuel products, having the custody of books or records showing the shipment or receipt of gasoline, gasoline-alcohol fuel blends, kerosene, or other refined oils, fuel oils and petroleum distillates fuel products, shall give and permit the department and the inspectors; and, in regard to the fee under s. 168.12 (1), shall give and permit the department of revenue; an inspector free access to such books and records for the purpose of determining the amount of petroleum fuel products shipped and received. All clerks, bookkeepers, express agents, railroad agents or officials, employees, or common carriers, or other persons shall provide the department and the inspectors; and, in regard to the fee under s. 168.12 (1), shall provide the department of revenue; all information in their possession when so requested in tracing, finding, sampling, and inspecting such shipments.

AB742, s. 31 Section 31. 168.11 (1) (a) of the statutes is amended to read:

AB742,13,21 168.11 (1) (a) Except as provided in par. (b), all devices used to draw petroleum fuel products from storage containers at filling stations motor fuel dispensing facilities, garages, or other places where petroleum fuel products are sold or offered for sale shall be marked or labeled in a conspicuous place and in a conspicuous manner with the name and the grades grade, and octane rating if any, of the petroleum fuel product being dispensed.

Note: Requires the octane reading of a fuel product to be marked or labeled in a conspicuous place, in addition to the name and grade of the fuel product.

AB742, s. 32 Section 32. 168.11 (1) (b) 3. of the statutes is amended to read:

AB742,14,5 168.11 (1) (b) 3. A label under this paragraph shall be on the front or side each face of the upper half of the dispensing device and shall be conspicuous and legible to a customer when viewed from the driver's seat of a motor vehicle that is located within 6 feet of the dispensing device. The device may also be marked or labeled with any product grade specifications prescribed under s. 168.04.

AB742, s. 33 Section 33. 168.11 (2) (intro.) of the statutes is amended to read:

AB742,14,19 168.11 (2) (intro.) No person may deliver, place, receive, or store in any visible portable container any gasoline; any fuel product of petroleum, regardless of name, meeting the gasoline specifications prescribed by the department under s. 168.04; or any fuel product of petroleum commonly or commercially used as a fuel in a spark-ignition internal combustion engine or turbine engine or as a fuel for any appliance or device if such the fuel product of petroleum has a flash point of less than 100° F. 100 degrees Fahrenheit when tested in the Tagliabue using either an ASTM D 6450 or ASTM D 56 closed cup tester, unless the container is constructed of sound metal or of equally sound nonflammable material meeting the requirements of rules promulgated by the department's flammable and combustible liquids code department; is substantially a bright red color; and has the common name of the product contents clearly labeled or painted on it. These requirements do not apply to any of the following:

Note: Revises the testing method for determining the flash point of a fuel product. See also Sections 38 and 39 of the bill.

AB742, s. 34 Section 34. 168.11 (2) (a) of the statutes is amended to read:

AB742,14,22 168.11 (2) (a) The fuel supply tank permanently connected to an internal combustion engine; or turbine engine.

AB742, s. 35 Section 35. 168.11 (2) (b) of the statutes is amended to read:

AB742,15,2 168.11 (2) (b) The fuel supply tank which that is structurally a part of any appliance or device consuming the fuel;.

AB742, s. 36 Section 36. 168.11 (2) (c) of the statutes is amended to read:

AB742,15,6 168.11 (2) (c) The first use of any container of one gallon or less originally filled by a manufacturer or packager when the container complies with the packaging and labeling requirements of the federal government and its agencies; or.

AB742, s. 37 Section 37. 168.11 (2) (d) of the statutes is amended to read:

AB742,15,10 168.11 (2) (d) Containers Stationary tanks of 275 110 gallons capacity or more. This provision paragraph does not exempt such containers tanks from the identification requirements specified in rules promulgated by the department.

Note: For consistency with federal guidelines, revises the exemptions for delivering, placing, or storing fuel products in containers. The bill exempts tanks of 110 gallons or greater capacity; current law exempts containers of 275 gallons or greater capacity.

AB742, s. 38 Section 38 . 168.11 (3) of the statutes is amended to read:

AB742,15,17 168.11 (3) Except for containers referred to in sub. (2) (a), (b), and (c), no person may deliver, place, receive, or store any kerosene, diesel fuel or burner oil, or a like fuel product of petroleum which that has a flash point of 100° F. 100 degrees Fahrenheit or more when tested in the Tagliabue using either an ASTM D 6450 or ASTM D 56 closed cup tester, in any visible portable container which that is in any manner colored red.

AB742, s. 39 Section 39 . 168.11 (4) of the statutes is amended to read:

AB742,16,5 168.11 (4) No person may use interchangeably any pipeline, hose, pump, or metering device to dispense gasoline, or a like fuel product of petroleum which that has a flash point of less than 100° F. 100 degrees Fahrenheit when tested in the Tagliabue using either an ASTM D 6450 or ASTM D 56 closed cup tester, and to dispense kerosene, diesel fuel or burner fuel oils, or a like fuel product of petroleum which that has a flash point of 100° F. 100 degrees Fahrenheit or more when tested in the Tagliabue using either an ASTM D 6450 or ASTM D 56 closed cup tester, unless the pipeline, hose, pump, or metering device has been sufficiently flushed and cleaned before the interchanged use to eliminate any contamination of products due to the interchanged use.

AB742, s. 40 Section 40. 168.12 (title) of the statutes is renumbered 78.91 (title) and amended to read:

AB742,16,8 78.91 (title) Fees for oil fuel product inspection.

AB742, s. 41 Section 41. 168.12 (1) of the statutes is renumbered 78.91 (1) and amended to read:

AB742,16,18 78.91 (1) Except as provided in subs. (1g) (2) and (1r) (3), there is imposed a petroleum fuel product inspection fee at the rate of 2 cents per gallon on all petroleum fuel products that are received by a supplier for sale in this state or for sale for export to this state. The department of revenue shall determine when a petroleum fuel product is received under this subsection in the same manner that it determines under s. 78.07 when motor vehicle fuel is received. The fee shall be paid under s. 168.125 78.92 and shall be based on the number of gallons reported under s. 168.125 78.92.

AB742, s. 42 Section 42. 168.12 (1g) of the statutes is renumbered 78.91 (2) and amended to read:

AB742,16,24 78.91 (2) The fee under sub. (1) is not imposed on petroleum fuel products that are shipped from storage at a refinery, marine terminal, pipeline terminal, pipeline tank farm, or place of manufacture to a person for storage at another refinery, marine terminal, pipeline terminal, pipeline tank farm, or place of manufacture.

AB742, s. 43 Section 43. 168.12 (1r) of the statutes is renumbered 78.91 (3) and amended to read:

AB742,17,4 78.91 (3) The fee under sub. (1) is not imposed on petroleum fuel products exported from this state by a person who is licensed under sub. (7) (6) or s. 78.09.

AB742, s. 44 Section 44. 168.12 (5) of the statutes is renumbered 78.91 (4) and amended to read:

AB742,17,10 78.91 (4) No fee may be charged on a commingled or blended petroleum fuel product when such commingling or blending is approved by the inspector department of commerce as a satisfactory means of disposing of contaminated or substandard products.

AB742, s. 45 Section 45. 168.12 (6) (a) of the statutes is renumbered 78.91 (5) (a).

AB742, s. 46 Section 46. 168.12 (6) (b) of the statutes is renumbered 78.91 (5) (b) and amended to read:

AB742,17,17 78.91 (5) (b) To receive an allowance, an eligible purchaser under par. (a) shall complete a claim upon a form that the department of revenue prescribes and furnishes and file the claim with the department of revenue not later than 12 months after the date of purchase of the general aviation fuel.

AB742, s. 47 Section 47. 168.12 (6) (c) of the statutes is renumbered 78.91 (5) (c) and amended to read:

AB742,18,4 78.91 (5) (c) The department of revenue shall investigate the correctness and veracity of the representations in the claim and may require a claimant to submit records to substantiate the claim. The department of revenue shall either allow or deny a claim under this subsection not later than 60 days after the filing of the claim. If the department of revenue allows the claim, it shall pay the claimant the amount allowed from the moneys appropriated under s. 20.855 (4) (r). If the department of revenue does not pay the allowance by the 90th day after the date on which the purchaser files the claim, the department of revenue shall also pay interest on the unpaid claim beginning on that day, at the rate of 9% per year, from the moneys appropriated under s. 20.855 (4) (r).

AB742, s. 48 Section 48. 168.12 (6) (d) of the statutes is renumbered 78.91 (5) (d) and amended to read:

AB742,18,9 78.91 (5) (d) If a purchaser negligently files a claim under this subsection that is inaccurate in whole or in part, the department of revenue shall do one of the following:

AB742,18,11 1. If the department of revenue has not paid the claim but has allowed a portion of the claim, reduce the allowance by 25%.

AB742,18,17 2. If the department of revenue has paid the claim, require the purchaser to refund to the department of revenue that portion of the amount paid under par. (c) to which the purchaser is not entitled and impose a penalty on the purchaser equal to 25% of the allowance, plus interest on the sum of the unpaid penalty and the amount required to be refunded, accruing from the date that the penalty is imposed, at the rate of 12% per year.

AB742, s. 49 Section 49. 168.12 (6) (e) of the statutes is renumbered 78.91 (5) (e) and amended to read:

AB742,18,21 78.91 (5) (e) If a purchaser files a fraudulent claim under this subsection, the department of revenue shall do one of the following:

AB742,18,25 1. If the claim has not been paid and the department of revenue allows no portion of the claim, impose a penalty on the purchaser equal to 50% of the amount claimed by the purchaser, plus interest on the unpaid penalty, accruing from the date that the penalty is imposed, at the rate of 12% per year.

AB742,19,2 2. If the claim has not been paid and the department of revenue allows a portion of the claim, reduce the allowance by 50%.

AB742,19,8 3. If the claim has been paid, require the purchaser to refund to the department of revenue that portion of the amount paid under par. (c) that the department of revenue determines was fraudulently obtained and impose a penalty on the purchaser equal to 50% of the amount claimed by the purchaser, plus interest on the sum of the unpaid penalty and the amount required to be refunded, accruing from the date that the penalty is imposed, at the rate of 12% per year.

AB742, s. 50 Section 50. 168.12 (6) (f) of the statutes is renumbered 78.91 (5) (f).

AB742, s. 51 Section 51. 168.12 (6) (g) of the statutes is renumbered 78.91 (5) (g).

AB742, s. 52 Section 52. 168.12 (6) (h) of the statutes is renumbered 78.91 (5) (h) and amended to read:

AB742,19,17 78.91 (5) (h) With respect to imposing a penalty and requiring a refund under par. (d), the department of revenue shall give notice to the purchaser within 4 years after the date that the claim was filed. The department of revenue may impose a penalty and require a refund under par. (e) when the department of revenue discovers the fraud committed.

AB742, s. 53 Section 53. 168.12 (7) of the statutes is renumbered 78.91 (6) and amended to read:

AB742,20,2 78.91 (6) No person may ship petroleum fuel products into this state unless that person has a valid certificate under s. 73.03 (50) and either has a license under s. 78.09 or obtains a petroleum fuel products shipper license from the department of revenue by filing with that the department an application prescribed and furnished by that the department and verified by the owner of the business if the owner is an individual, by a member if the owner is an unincorporated association, by a partner if the owner is a partnership, or by the president and secretary if the owner is a corporation.

AB742, s. 54 Section 54. 168.12 (8) (a) of the statutes is renumbered 78.91 (7) (a) and amended to read:

AB742,20,16 78.91 (7) (a) To protect the revenues of this state, the department of revenue may require any person who is liable to that the department for the fee under sub. (1) to place with it security in the amount that that the department determines. The department of revenue may increase or decrease the amount of the security, but that amount may not exceed 3 times the person's average monthly liability for the fee under sub. (1) as estimated by that the department. If any person fails to provide that security, the department of revenue may refuse to issue a license under sub. (7) (6) or s. 78.09 or may revoke the person's license under sub. (7) (6) or s. 78.09. If any taxpayer is delinquent in the payment of the fee under sub. (1), the department of revenue may, upon 10 days' notice, recover the fee, interest, penalties, costs, and disbursements from the person's security. The department of revenue may not pay interest on any security deposit.

AB742, s. 55 Section 55. 168.12 (8) (b) of the statutes is renumbered 78.91 (7) (b) and amended to read:

AB742,20,21 78.91 (7) (b) The security required under par. (a) may be a surety bond furnished to the department of revenue and payable to this state. The department of revenue shall prescribe the form and contents of the bond.

AB742, s. 56 Section 56. 168.12 (8) (c) of the statutes is renumbered 78.91 (7) (c) and amended to read:

AB742,21,8 78.91 (7) (c) The surety of a bond under par. (b) may conditionally cancel the bond by filing written notice with the person who is liable for the fee under sub. (1) and with the department of revenue. A surety who files that notice is not discharged from any liability that has accrued or from any liability that accrues within 60 days after the filing. If the person who is liable for the fee under sub. (1) does not, within 60 days after receiving the notice, file with the department of revenue a new bond that is satisfactory to that the department, that the department shall revoke the person's license under sub. (7) (6) or s. 78.09. If the person furnishes a new bond, the department of revenue shall cancel and surrender the old bond when it is satisfied that all liability under the old bond has been discharged.

AB742, s. 57 Section 57. 168.12 (8) (d) of the statutes is renumbered 78.91 (7) (d) and amended to read:

AB742,21,16 78.91 (7) (d) If the liability on the bond is discharged or reduced or if the department of revenue determines that the bond is insufficient, that the department shall require additional surety or new bonds. If any person who is liable for the fee under sub. (1) fails to file that additional bond within 5 days after the department of revenue provides written notice, that person's license under sub. (7) (6) or s. 78.09 is revoked.

AB742, s. 58 Section 58. 168.12 (8) (e) of the statutes is renumbered 78.91 (7) (e) and amended to read:

AB742,21,21 78.91 (7) (e) Suspension, revocation, or cancellation of a license under sub. (7) (6) or s. 78.09, partial recovery on the bond or execution of a new bond does not affect the validity of a bond under this subsection.

AB742, s. 59 Section 59. 168.12 (9) of the statutes is renumbered 78.91 (8) and amended to read:

AB742,21,25 78.91 (8) Sections 78.65 to 78.74 and 78.79 to 78.81 as they apply to the taxes under ch. 78 this chapter apply to the fee under sub. (1).

AB742, s. 60 Section 60. 168.125 of the statutes is renumbered 78.92 and amended to read:

AB742,22,6 78.92 Reports; payment. Persons who are liable for the fee under this chapter subchapter shall state the number of gallons of petroleum fuel products on which the fee is due and the amount of their liability for the fee in the reports under s. 78.12 (1) to (3). The requirements for payment of the motor vehicle fuel tax under s. 78.12 (5) apply to the fee under this chapter subchapter.

AB742, s. 61 Section 61. 168.13 of the statutes is amended to read:

AB742,22,17 168.13 Required records. Every person receiving petroleum fuel products in this state shall keep books and records of all petroleum fuel products so received, together with bills of lading, waybills, and other pertinent documents. Such books and records and other papers and documents shall, at all times during business hours of the day, be subject to inspection by the department and its inspectors, and are subject to inspection by the department of revenue in regard to the fee under s. 168.12 (1) an inspector. Such books, records and other papers and documents shall be preserved for not less than 4 years, unless the department, and the department of revenue under s. 78.93, in writing, authorizes authorize their destruction or disposal at an earlier date.

AB742, s. 62 Section 62. 168.14 (title) of the statutes is repealed and recreated to read:

AB742,22,19 168.14 (title) Mislabeling.

AB742, s. 63 Section 63. 168.14 (2) of the statutes is amended to read:

AB742,23,2 168.14 (2) No person may receive, unload, use, sell , or offer for sale in this state, any gasoline, gasoline-alcohol fuel blends, kerosene, fuel oils, diesel fuels or other petroleum distillates which product that the person knows, or reasonably should know, is misidentified as to name or grade. Gasoline-ethanol blends that are identified in compliance with s. 168.11 when sold at retail are correctly identified as to name. Biodiesel blends that are identified in compliance with sub. (2m) (c) 4. when sold at retail are correctly identified as to name.

AB742, s. 64 Section 64. 168.14 (2m) (b) 3. of the statutes is amended to read: