94.73 (6) (d) For the purposes for pars. (b) and (c), a discharge that occurs in the course of transporting an agricultural chemical is considered to have occurred at the site from which the agricultural chemical was being transported if the site from which the agricultural chemical was being transported is under the ownership or control of the person transporting the agricultural chemical.
27,2539c
Section 2539c. 94.73 (6) (e) of the statutes is repealed and recreated to read:
94.73 (6) (e) The department may not reimburse corrective action costs that exceed $100,000 for any one discharge for which groundwater remediation is not ordered unless the criteria in rules promulgated under par. (f) are satisfied.
27,2539h
Section 2539h. 94.73 (6) (f) of the statutes is created to read:
94.73 (6) (f) The department may promulgate rules under which it may provide reimbursement under pars. (b) and (c) for corrective action costs that exceed $100,000 at a site at which groundwater remediation is not ordered if the applicant obtains the approval of the department before incurring the costs and if the contamination is extensive or complex cleanup strategies are required. The rules shall establish criteria for exceeding the $100,000 limit, such as the size of the area contaminated or the type of agricultural chemical that is involved.
27,2540
Section 2540
. 94.73 (7) of the statutes is repealed and recreated to read:
94.73 (7) Payment. (a) The department may make payments to a responsible person who is eligible for reimbursement under sub. (3) if the department has authorized reimbursement to that person under sub. (6). The department shall make payment from the appropriation accounts under s. 20.115 (7) (e) and (wm), subject to the availability of funds in those appropriation accounts. If there are insufficient funds to pay the full amounts authorized under sub. (6) to all eligible responsible persons, the department shall distribute payments in the order in which applications were received, unless the department specifies, by rule, a different order of payment.
(b) The department may promulgate rules specifying the procedure by which, and the order in which, it will distribute payments under par. (a). The department may establish distribution priorities or formulas based on the severity of contamination, the time elapsed since corrective action costs were incurred or other factors that the department considers appropriate.
27,2541
Section 2541
. 94.73 (8) of the statutes is amended to read:
94.73 (8) Subrogation. The department is entitled to the right of subrogation for the reimbursement of corrective action costs to the extent that a responsible person who receives reimbursement of corrective action costs may recover the costs from a 3rd party. The amounts collected by the department under this subsection shall be deposited in the agrichemical management
agricultural chemical cleanup fund.
27,2541m
Section 2541m. 94.73 (10) of the statutes is repealed.
27,2542
Section 2542
. 94.73 (13) of the statutes is amended to read:
94.73 (13) Penalty. Any person who violates an order issued by the department under this section or an order issued or rule promulgated under this section shall forfeit not less than $10 nor more than $5,000 for each violation. Each day of continued violation is a separate offense.
27,2543
Section 2543
. 94.73 (15) of the statutes is created to read:
94.73 (15) Surcharge adjustments.
(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.
(b) If the department proposes to promulgate a rule under par. (a) using the procedures under s. 227.24, the department shall notify the cochairpersons of the joint committee on finance before beginning those procedures. If the cochairpersons of the committee do not notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the proposed rule, the department may begin the procedures under s. 227.24. If, within 14 working days after the date of the department's notification, the cochairpersons of the committee notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the proposed rule, the department may not begin the procedures under s. 227.24 until the committee approves the proposed rule.
27,2543j
Section 2543j. 95.175 of the statutes is repealed.
27,2543sm
Section 2543sm. 95.60 of the statutes is created to read:
95.60 Importing fish; fish farms.
(1) In this section:
(a) “Fish farm" means a facility at which a person hatches fish eggs or rears fish for the purpose of introduction into the waters of the state, human or animal consumption, permitting fishing, use as bait or fertilizer or any other purpose specified by the department by rule or for sale to another person to rear for one of those purposes.
(b) “Waters of the state" has the meaning given in s. 281.01 (18).
(2) (a) No person may bring any fish or fish eggs into this state for the purpose of introduction into the waters of the state, of use as bait or of rearing in a fish farm without an annual permit issued by the department.
(b) No person may bring any fish or fish eggs of the family salmonidae into this state for the purpose of introduction into the waters of the state unless the fish are certified, as provided in the rules promulgated under sub. (4s) (d), to be free of the diseases specified under sub. (4s) (d).
(c) The department may require a person who is subject to par. (a) or (b) to notify the department before bringing fish or fish eggs into this state.
(d) The department of natural resources is exempt from par. (a).
(3) A person who operates a fish farm shall obtain an annual health certificate from a veterinarian licensed under ch. 453 or from a person who is qualified to issue fish health certificates under sub. (4s) (c) for any fish eggs present or any fish reared on the fish farm.
(3m) A person who operates a fish farm shall annually register the fish farm with the department. The person registering the fish farm shall provide evidence of the health certificate required under sub. (3) and shall identify the activities that will be engaged in, the species of fish that will be used and the facilities that will be used on the fish farm.
(4) (a) The department shall inspect a fish farm upon initial registration under sub. (3m). The department may inspect a fish farm at any other time.
(b) The department may inspect fish and fish eggs subject to subs. (2) and (3) and the rules under sub. (4s) (b) to ensure the health of the fish and fish eggs. The inspection may include removal of reasonable samples of the fish and fish eggs for biological examination.
(c) A person who operates a fish farm shall keep records on purchases, sales and production of fish and fish eggs and any other records required by the department by rule. The department may inspect these records upon request.
(4m) The department shall maintain a registry of fish farms.
(4s) The department shall do all of the following:
(a) In consultation with the department of natural resources, promulgate rules specifying requirements for the labeling and identification, in commerce, of fish reared in fish farms.
(b) In consultation with the department of natural resources, promulgate rules specifying fish health standards and requirements for certifying that fish meet those standards for the purpose of s. 29.53.
(c) In consultation with the department of natural resources, promulgate rules specifying the qualifications that a person who is not a veterinarian must satisfy in order to issue fish health certificates.
(d) In consultation with the department of natural resources, promulgate rules specifying diseases and requirements for certifying that fish are free of those diseases for the purposes of sub. (2) (b).
(e) Promulgate rules establishing the period for which a record required under sub. (4) (c) must be retained.
(5) The department shall, by rule, specify the fees for permits, certificates, registration and inspections under this section.
(6) (a) No person, except the department of natural resources, may rear lake sturgeon in a fish farm.
(c) The department, in consultation with the department of natural resources, shall study regulatory options that would enable commercial rearing of lake sturgeon while protecting the wild lake sturgeon population. The department shall submit the results of the study to the legislature under s. 13.172 (2) no later than December 31, 2000.
27,2545
Section 2545
. 97.29 (3) (cm) 1. of the statutes is amended to read:
97.29 (3) (cm) 1. For a food processing plant that has an annual production of $25,000 or more but less than $250,000 and that is engaged in processing potentially hazardous food or in canning, the reinspection fee is $80.
27,2546
Section 2546
. 97.29 (3) (cm) 3. of the statutes is amended to read:
97.29 (3) (cm) 3. For a food processing plant that has an annual production of $25,000 or more but less than $250,000 and that is not engaged in processing potentially hazardous food or in canning, the reinspection fee is $50.
27,2547
Section 2547
. 97.29 (3) (cm) 5. of the statutes is created to read:
97.29 (3) (cm) 5. For a food processing plant that has an annual production of less than $25,000, the reinspection fee is $40.
27,2548
Section 2548
. 97.30 (3m) (a) 3. of the statutes is amended to read:
97.30 (3m) (a) 3. Beginning with the license year that ends on June 30, 1995, an An annual weights and measures inspection fee of $45, except that this fee does not apply to a retail food establishment that is located in a municipality that has established a municipal department of weights and measures under s. 98.04 (1) or that recovers fees from the retail food establishment under s. 98.04 (2) for the purpose of enforcement of the provisions of ch. 98.
27,2549
Section 2549
. 97.30 (3m) (b) 3. of the statutes is amended to read:
97.30 (3m) (b) 3. Beginning with the license year that ends on June 30, 1995, an An annual weights and measures inspection fee of $100, except that this fee does not apply to a retail food establishment that is located in a municipality that has established a municipal department of weights and measures under s. 98.04 (1) or that recovers fees from the retail food establishment under s. 98.04 (2) for the purpose of enforcement of the provisions of ch. 98.
27,2550
Section 2550
. 97.30 (3m) (c) 3. of the statutes is amended to read:
97.30 (3m) (c) 3. Beginning with the license year that ends on June 30, 1995, an An annual weights and measures inspection fee of $25, except that this fee does not apply to a retail food establishment that is located in a municipality that has established a municipal department of weights and measures under s. 98.04 (1) or that recovers fees from the retail food establishment under s. 98.04 (2) for the purpose of enforcement of the provisions of ch. 98.
27,2550m
Section 2550m. 98.04 (2) of the statutes is amended to read:
98.04 (2) Nothing in this section shall prevent the department, at its discretion, from entering into contracts with municipalities in which it agrees to furnish the services and perform the duties of weights and measures departments in such municipalities. The authority and duties of the department in such municipalities shall be the same as the department of weights and measures, and such municipalities shall not be required to create such weights and measures departments. Under such contracts the department shall charge municipalities fees sufficient to cover the cost of services rendered. Municipalities may recover an amount not to exceed the cost of these fees by assessing fees on the persons who receive the services rendered.
27,2551
Section 2551
. 98.16 (2) (a) 1. of the statutes is amended to read:
98.16 (2) (a) 1. Except as provided in subd. 2., a person may not operate a vehicle scale without a license from the department. A separate license is required for each scale. A license is not transferable between persons or scales. A license expires on December March 31 annually. The department shall provide a license application form for persons applying for a license. The form may require information reasonably required by the department for licensing purposes. A license application shall be accompanied by applicable fees under pars. (b) and (c).
27,2552d
Section 2552d. 98.16 (2) (b) of the statutes is amended to read:
98.16 (2) (b) The Beginning on the effective date of this paragraph .... [revisor inserts date], and ending on June 30, 1999, the fee for a license under par. (a) is $30, except that the department may establish a different fee by rule $60.
27,2552f
Section 2552f. 98.16 (2) (b) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:
98.16 (2) (b) The fee for a license under par. (a) is $30, except that the department may establish a different fee by rule.
27,2553
Section
2553. 98.16 (2) (c) of the statutes is amended to read:
98.16 (2) (c) An applicant for a license under par. (a) shall pay a license fee surcharge of $30 $200 in addition to the license fee if the department determines that within one year prior to submitting the license application the applicant operated a vehicle scale without a license as required by par. (a). Payment of the license fee surcharge does not relieve the applicant of any other civil or criminal liability for the operation of a vehicle scale without a license but shall not constitute evidence of violation of a law.
27,2554
Section 2554
. 98.18 (1) (title) of the statutes is amended to read:
98.18 (1) (title) License required.
27,2555
Section 2555
. 98.18 (1) (a) 1. of the statutes is renumbered 98.18 (1) (a) and amended to read:
98.18 (1) (a) Except as provided in subd. 2., a person may not par. (bm), no person may engage in the business of installing, servicing, testing or calibrating weights and measures without a license from the department. A license expires on December 31 annually. The department shall provide a license application for persons applying for a license.
(1d) (title) License application. The form may require information An applicant for a license issued under sub. (1) (a) shall apply on a form provided by the department. The applicant shall provide on the form information that is reasonably required by the department for licensing purposes. A issuing licenses under this section. The license application shall be accompanied by the applicable fees under pars. (b) and (c) subs. (1h) and (1p).
27,2556
Section 2556
. 98.18 (1) (a) 2. (intro.) of the statutes is renumbered 98.18 (1) (bm) (intro.) and amended to read:
98.18 (1) (bm) (intro.) Subdivision 1. Paragraph (a) does not apply to any of the following:
27,2557
Section 2557
. 98.18 (1) (a) 2. a. of the statutes is renumbered 98.18 (1) (bm) 1. and amended to read:
98.18 (1) (bm) 1. A person who installs, services, tests or calibrates weights and measures only as an employe of a person who is required under this paragraph par. (a) to hold a license to perform those services.
27,2558
Section 2558
. 98.18 (1) (a) 2. b. of the statutes is renumbered 98.18 (1) (bm) 2.
27,2559
Section 2559
. 98.18 (1) (b) of the statutes is repealed.
27,2560
Section 2560
. 98.18 (1) (c) of the statutes is renumbered 98.18 (1p) and amended to read:
98.18 (1p) (title) Surcharge for operating without a license. An applicant for a license under par. sub. (1) (a) shall pay a license fee surcharge of $100 $200 in addition to the license fee if the department determines that within one year prior to submitting the license
before making the application the applicant engaged in the business of installing, servicing, testing or calibrating weights and measures without a license as required by par. violated sub. (1) (a). Payment of the license fee this surcharge does not relieve the applicant of any other civil or criminal liability that may result from the unlicensed activity but shall the applicant may incur because of the violation of sub. (1) (a), but does not constitute evidence of violation of a law.
27,2561
Section 2561
. 98.18 (1) (d) of the statutes is renumbered 98.18 (1t) and amended to read:
98.18 (1t) (title) License contingent on fee payment. The department shall may not issue or renew a license under par. sub. (1) (a) unless the applicant pays all fees required under pars. (b) and (c) subs. (1h) and (1p) as set forth in a statement issued by the department. The department shall refund a fee paid under protest if the department determines that the fee was not required to be paid under this section.
27,2562
Section 2562
. 98.18 (1h) of the statutes is created to read:
98.18 (1h) License fees. Unless the department establishes different fees by rule, the following annual license fees shall apply:
(a) If the applicant solely engages in installing, servicing, testing or calibrating weights and measures that the applicant owns, the applicant for a license under sub. (1) (a) shall pay a license fee in the amount of $100.
(b) If the applicant installs, services, tests or calibrates weights or measures for others, the applicant for a license under sub. (1) (a) shall pay all of the following:
1. A basic license fee of $200.
2. A supplementary license fee of $50 for each additional business location if the applicant operates from more than one business location.
27,2563
Section 2563
. 98.18 (2) of the statutes is amended to read:
98.18 (2) Rules. The department may promulgate rules to establish license fees under sub. (1) (b)
(1h) and to regulate the installation, servicing, testing and certification of weights and measures. The rules may include record-keeping and reporting requirements.
27,2564
Section 2564
. 98.245 (4) (a) of the statutes is amended to read:
98.245 (4) (a) When liquefied petroleum gas is sold or delivered to a consumer as a liquid and by liquid measurement the volume of liquid so sold and delivered shall be corrected to a temperature of 60 degrees Fahrenheit through use of an approved volume correction factor table, or through use of an approved a meter with that is equipped with a sealed automatic compensating mechanism and that is in compliance with sub. (7). All sale tickets shall show the delivered gallons, the temperature at the time of delivery and the corrected gallonage, or shall state that temperature correction was automatically made.
27,2565
Section 2565
. 98.245 (4) (b) of the statutes is amended to read:
98.245 (4) (b) When liquefied petroleum gas is sold or delivered to a consumer in vapor form by vapor measurement, the volume of vapor so sold and delivered shall be corrected to a temperature of 60 degrees Fahrenheit through the use of an approved a meter that is equipped with a sealed automatic temperature compensating mechanism. This paragraph shall apply to all meters installed for use in the vapor measurement of liquefied petroleum gas in vapor form after May 24, 1978. This paragraph does not prohibit the continued use of meters previously installed without a self-sealing automatic temperature compensating mechanism, but no such meter may be continued in use after January 1, 1986, unless brought into compliance with this paragraph. Subsection (7) does not apply to meters used to sell or deliver liquefied petroleum gas that are subject to this paragraph.
