AB100: Bill Text Engrossed

AB100-engrossed, s. 2548 Section 2548. 97.30 (3m) (a) 3. of the statutes is amended to read:

AB100-engrossed,1335,4 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.

AB100-engrossed, s. 2549 Section 2549. 97.30 (3m) (b) 3. of the statutes is amended to read:

AB100-engrossed,1335,11 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.

AB100-engrossed, s. 2550 Section 2550. 97.30 (3m) (c) 3. of the statutes is amended to read:

AB100-engrossed,1335,18 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.

AB100-engrossed, s. 2550m Section 2550m. 98.04 (2) of the statutes is amended to read:

AB100-engrossed,1336,4 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.

AB100-engrossed, s. 2551 Section 2551. 98.16 (2) (a) 1. of the statutes is amended to read:

AB100-engrossed,1336,12 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).

AB100-engrossed, s. 2552d Section 2552d. 98.16 (2) (b) of the statutes is amended to read:

AB100-engrossed,1336,16 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.

AB100-engrossed, s. 2552f Section 2552f. 98.16 (2) (b) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

AB100-engrossed,1336,20 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.

AB100-engrossed, s. 2553 Section 2553. 98.16 (2) (c) of the statutes is amended to read:

AB100-engrossed,1337,3 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.

AB100-engrossed, s. 2554 Section 2554. 98.18 (1) (title) of the statutes is amended to read:

AB100-engrossed,1337,5 98.18 (1) (title) License required.

AB100-engrossed, s. 2555 Section 2555. 98.18 (1) (a) 1. of the statutes is renumbered 98.18 (1) (a) and amended to read:

AB100-engrossed,1337,12 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.

AB100-engrossed,1337,18 (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).

AB100-engrossed, s. 2556 Section 2556. 98.18 (1) (a) 2. (intro.) of the statutes is renumbered 98.18 (1) (bm) (intro.) and amended to read:

AB100-engrossed,1337,22 98.18 (1) (bm) (intro.) Subdivision 1. Paragraph (a) does not apply to any of the following:

AB100-engrossed, s. 2557 Section 2557. 98.18 (1) (a) 2. a. of the statutes is renumbered 98.18 (1) (bm) 1. and amended to read:

AB100-engrossed,1338,3 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.

AB100-engrossed, s. 2558 Section 2558. 98.18 (1) (a) 2. b. of the statutes is renumbered 98.18 (1) (bm) 2.

AB100-engrossed, s. 2559 Section 2559. 98.18 (1) (b) of the statutes is repealed.

AB100-engrossed, s. 2560 Section 2560. 98.18 (1) (c) of the statutes is renumbered 98.18 (1p) and amended to read:

AB100-engrossed,1338,18 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.

AB100-engrossed, s. 2561 Section 2561. 98.18 (1) (d) of the statutes is renumbered 98.18 (1t) and amended to read:

AB100-engrossed,1339,2 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.

AB100-engrossed, s. 2562 Section 2562. 98.18 (1h) of the statutes is created to read:

AB100-engrossed,1339,5 98.18 (1h) License fees. Unless the department establishes different fees by rule, the following annual license fees shall apply:

AB100-engrossed,1339,8 (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.

AB100-engrossed,1339,10 (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:

AB100-engrossed,1339,11 1. A basic license fee of $200.

AB100-engrossed,1339,13 2. A supplementary license fee of $50 for each additional business location if the applicant operates from more than one business location.

AB100-engrossed, s. 2563 Section 2563. 98.18 (2) of the statutes is amended to read:

AB100-engrossed,1339,18 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.

AB100-engrossed, s. 2564 Section 2564. 98.245 (4) (a) of the statutes is amended to read:

AB100-engrossed,1340,2 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.

AB100-engrossed, s. 2565 Section 2565. 98.245 (4) (b) of the statutes is amended to read:

AB100-engrossed,1340,14 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.

AB100-engrossed, s. 2566 Section 2566. 98.245 (6) (title) of the statutes is repealed and recreated to read:

AB100-engrossed,1340,17 98.245 (6) (title) Pumps and meters.

AB100-engrossed, s. 2567 Section 2567. 98.245 (6) (a) (intro.) of the statutes is amended to read:

AB100-engrossed,1340,25 98.245 (6) (a) (intro.) No person may sell liquefied petroleum gas and deliver it by a vehicle equipped with a pump and metering device meter unless the pump and metering device meter is equipped with a delivery ticket printer and is in compliance with sub. (7). Except as provided in par. (b), the seller shall, at the time of delivery, either provide a copy of the delivery ticket printed by the delivery ticket printer to the purchaser or leave a copy at the place of delivery. The delivery ticket shall contain all of the following information:

AB100-engrossed, s. 2568b Section 2568b. 98.245 (7) of the statutes is created to read:

AB100-engrossed,1341,5 98.245 (7) Meters; registration; testing; fees. (a) Registration of meters. 1. The department shall promulgate rules to require owners to register meters that are used to measure amounts of liquefied petroleum gas the sale or delivery of which is subject to sub. (4) (a).

AB100-engrossed,1341,10 2. The owner of a meter shall pay to the department a one-time fee of $25 to register a meter under subd. 1. The owner shall pay the fee within 60 days after the effective date of the rules promulgated under subd. 1., or within 60 days after the owner acquires a meter for which a registration fee has not been paid, whichever is later.

AB100-engrossed,1341,15 3. If an owner of a meter fails to comply with subd. 2., the department may assess the owner a fee of not more than $250 for that meter. If the owner does not pay the fee under this subdivision within 30 days after it is assessed, the department shall increase the fee by $10 for each day thereafter until the owner of the meter complies with subd. 2.

AB100-engrossed,1341,18 (b) Testing of meters. 1. The owner of a meter required to be registered under par. (a) shall have the meter tested annually by a meter servicing company that is licensed by the department.

AB100-engrossed,1341,21 2. A meter servicing company shall file with the department a report, for each meter, containing the results of the testing under subd. 1. within 30 days after completing the testing.

AB100-engrossed,1341,24 3. If the department determines that a meter has not been tested within the last year, the department shall notify the owner. The owner shall have 30 days after being notified to have the meter tested.

AB100-engrossed,1342,2 4. If the owner fails to have the owner's meter tested as required under subd. 3., the department may assess the owner a fee of not more than $100 for that meter.

AB100-engrossed,1342,5 5. If the meter servicing company fails to file a report in compliance with subd. 2. for a meter, the department may assess the meter servicing company a fee of up to $100 for each report.

AB100-engrossed, s. 2573 Section 2573. 100.45 (1) (dm) of the statutes is created to read:

AB100-engrossed,1342,14 100.45 (1) (dm) "State agency" means any office, department, agency, institution of higher education, association, society or other body in state government created or authorized to be created by the constitution or any law which is entitled to expend moneys appropriated by law, including the legislature and the courts, the Wisconsin Housing and Economic Development Authority, the Bradley Center Sports and Entertainment Corporation, the University of Wisconsin Hospitals and Clinics Authority and the Wisconsin Health and Educational Facilities Authority.

AB100-engrossed, s. 2574 Section 2574. 100.45 (4) (intro.) of the statutes is amended to read:

AB100-engrossed,1342,21 100.45 (4) Servicing. (intro.) No person, including a state agency, as defined in s. 234.75 (10), may perform motor vehicle repair that releases or may release ozone-depleting refrigerant from a mobile air conditioner or trailer refrigeration equipment or may install or service a mobile air conditioner or trailer refrigeration equipment that contains ozone-depleting refrigerant unless all of the following apply:

AB100-engrossed, s. 2580 Section 2580. 101.14 (1) (c) of the statutes is amended to read:

AB100-engrossed,1343,2 101.14 (1) (c) The department is hereby empowered and directed to provide the form of a course of study in fire prevention for use in the public schools, dealing with the protection of lives and property against loss or damage as a result of preventable fires, and transmit the same by the first day of August in each year to the department of education state superintendent of public instruction.

AB100-engrossed, s. 2580m Section 2580m. 101.14 (2) (cm) of the statutes is amended to read:

AB100-engrossed,1343,6 101.14 (2) (cm) In addition to the requirements of pars. (b) and (c), a fire department shall provide public fire education services, in consultation with the department and the fire prevention council.

AB100-engrossed, s. 2581 Section 2581. 101.14 (5) (a) of the statutes is amended to read:

AB100-engrossed,1343,14 101.14 (5) (a) Subject to par. (b), in addition to any fee charged by the department by rule for plan review and approval for the construction of a new or additional installation or change in operation of a previously approved installation for the storage, handling or use of flammable or combustible liquids, the department shall collect a groundwater fee of $100 for each plan review submittal. The moneys collected under this subsection shall be credited to the environmental fund for groundwater environmental management.

AB100-engrossed, s. 2582 Section 2582. 101.143 (1) (gm) of the statutes is amended to read:

AB100-engrossed,1343,20 101.143 (1) (gm) "Property damage" does not include those liabilities which that are excluded from coverage in liability insurance policies for property damage, other than liability for remedial action associated with petroleum product discharges from petroleum product storage systems. "Property damage" does not include the loss of fair market value resulting from contamination.

AB100-engrossed, s. 2583 Section 2583 . 101.143 (2) (e) of the statutes is amended to read:

AB100-engrossed,1344,4 101.143 (2) (e) The department shall promulgate rules, with an effective date of no later than January 1, 1996, specifying the methods the department will use under sub. (3) (ae), (ah), (am) and (as) (ap) to identify the petroleum product storage system or home oil tank system which discharged the petroleum product that caused an area of contamination and to determine when a petroleum product discharge that caused an area of contamination occurred. The department shall write the rule in a way that permits a clear determination of what petroleum product contamination is eligible for an award under sub. (4) after December 31, 1995.

AB100-engrossed, s. 2586 Section 2586. 101.143 (3) (a) (intro.) of the statutes is amended to read:

AB100-engrossed,1344,12 101.143 (3) (a) Who may submit a claim. (intro.) Subject to pars. (ae), (ah), (am) and (as) (ap), an owner or operator or a person owning a home oil tank system may submit a claim to the department for an award under sub. (4) to reimburse the owner or operator or the person for the eligible costs under sub. (4) (b) that the owner or operator or the person incurs because of a petroleum products discharge from a petroleum product storage system or home oil tank system if all of the following apply:

AB100-engrossed, s. 2588b Section 2588b. 101.143 (3) (ae) 1. of the statutes is renumbered 101.143 (3) (ae) and amended to read:

AB100-engrossed,1344,21 101.143 (3) (ae) An owner or operator or a person owning a home oil tank system is not eligible for an award under this section for costs incurred because of a petroleum product discharge from a an underground petroleum product storage tank system or a home oil tank system that meets the performance standards in 40 CFR 280.20 or in rules promulgated by the department relating to underground petroleum product storage tank systems installed after December 22, 1988, except as provided in subd. 2 if the discharge is confirmed after December 31, 1995.

AB100-engrossed, s. 2588d Section 2588d. 101.143 (3) (ae) 2. of the statutes is repealed.

AB100-engrossed, s. 2589 Section 2589. 101.143 (3) (ah) of the statutes is created to read:

AB100-engrossed,1345,6 101.143 (3) (ah) New aboveground systems. An owner or operator is not eligible for an award under this section for costs incurred because of a petroleum product discharge from a petroleum product storage system that is not an underground petroleum product storage tank system and that meets the performance standards in rules promulgated by the department relating to petroleum product storage systems that are not underground petroleum product storage tank systems and that are installed after April 30, 1991, if the discharge is confirmed after December 22, 2001.

AB100-engrossed, s. 2590 Section 2590. 101.143 (3) (am) (title), 1. and 2. of the statutes are amended to read:

AB100-engrossed,1345,18 101.143 (3) (am) (title) Upgraded underground systems. 1. An owner or operator or a person owning a home oil tank system is not eligible for an award under this section for costs incurred because of a petroleum product discharge from an underground petroleum product storage tank system or a home oil tank system if the discharge is confirmed after December 31, 1995, and the discharge is confirmed, or activities under par. (c) or (g) are begun with respect to that discharge, after the day on which the underground petroleum product storage tank system or home oil tank system first meets the upgrading requirements in 40 CFR 280.21 (b) to (d) or in rules promulgated by the department relating to the upgrading of existing underground petroleum product storage tank systems, except as provided in subds. subd. 2. to 4.

AB100-engrossed,1346,8 2. If a an underground petroleum product storage tank system or home oil tank system first meets the upgrading requirements in 40 CFR 280.21 (b) to (d) or in rules promulgated by the department relating to the upgrading of existing underground petroleum product storage tank systems, after December 31, 1993, and the owner or operator or person owning the home oil tank system applies for private pollution liability insurance covering the underground petroleum product storage tank system or home oil tank system within 30 days after the day on which the underground petroleum product storage tank system or home oil tank system first meets those upgrading requirements, then the owner or operator or person remains eligible for an award for costs incurred because of a petroleum product discharge, from that underground petroleum product storage tank system or home oil tank system, which is confirmed, and with respect to which activities under par. (c) or (g) are begun, before the 91st day after the day on which the underground petroleum product storage tank system or home oil tank system first meets those upgrading requirements.

AB100-engrossed, s. 2590e Section 2590e. 101.143 (3) (am) 3. of the statutes is repealed.

AB100-engrossed, s. 2590g Section 2590g. 101.143 (3) (am) 4. of the statutes is repealed.

AB100-engrossed, s. 2591 Section 2591. 101.143 (3) (ap) of the statutes is created to read:

AB100-engrossed,1346,21 101.143 (3) (ap) Upgraded aboveground systems. An owner or operator is not eligible for an award under this section for costs incurred because of a petroleum product discharge from a petroleum product storage system that is not an underground petroleum product storage tank system if the discharge is confirmed after December 22, 2001, and the discharge is confirmed, or activities under par. (c) or (g) are begun with respect to that discharge, after the day on which the petroleum product storage system first meets the upgrading requirements in rules promulgated by the department relating to the upgrading of existing petroleum product storage systems that are not underground petroleum product storage tank systems.

AB100-engrossed, s. 2592 Section 2592. 101.143 (3) (as) of the statutes is repealed.

AB100-engrossed, s. 2595b Section 2595b. 101.143 (4) (a) 5. of the statutes is repealed and recreated to read:

AB100-engrossed,1347,3 101.143 (4) (a) 5. The department shall review claims related to home oil tank discharges as soon as the claims are received. The department shall issue an award for an eligible home oil tank discharge as soon as it completes the review of the claim.

AB100-engrossed, s. 2597 Section 2597. 101.143 (4) (a) 8. of the statutes is created to read:

AB100-engrossed,1347,15 101.143 (4) (a) 8. If an owner or operator or person owning a home oil tank system is conducting approved remedial action activities that were necessitated by a petroleum product discharge from a petroleum product storage system or home oil tank system and those remedial action activities have not remedied the discharge, then the department may approve financial assistance under this section for enhancements to the approved remedial action activities or different remedial action activities that the department determines will remedy the discharge without increasing the overall costs of remedying the discharge. The total amount of an original award under this section plus additional financial assistance provided under this subdivision is subject to the limits in pars. (d) to (e), (ei) and (em) on amounts of awards.