AB100,1105,2521 94.73 (6) (d) If the corrective action is related to a discharge that occurred in
22the course of transporting an agricultural chemical, the reimbursement under par.
23(b)
this subsection is limited to 75% 80% of the corrective action costs that exceed
24$7,500 for a person required to be licensed under ss. 94.64 to 94.71 or that exceed
25$3,000 for any other person
$3,000 but that do not exceed $50,000.
AB100, s. 2539
1Section 2539. 94.73 (6) (e) of the statutes is repealed.
AB100, s. 2540 2Section 2540. 94.73 (7) of the statutes is repealed and recreated to read:
AB100,1106,103 94.73 (7) Payment. (a) The department may make payments to a responsible
4person who is eligible for reimbursement under sub. (3) if the department has
5authorized reimbursement to that person under sub. (6). The department shall
6make payment from the appropriation accounts under s. 20.115 (7) (e) and (i), subject
7to the availability of funds in those appropriation accounts. If there are insufficient
8funds to pay the full amounts authorized under sub. (6) to all eligible responsible
9persons, the department shall distribute payments in the order in which applications
10were received, unless the department specifies, by rule, a different order of payment.
AB100,1106,1511 (b) The department may promulgate rules specifying the procedure by which,
12and the order in which, it will distribute payments under par. (a). The department
13may establish distribution priorities or formulas based on the severity of
14contamination, the time elapsed since corrective action costs were incurred or other
15factors that the department considers appropriate.
AB100, s. 2541 16Section 2541. 94.73 (8) of the statutes is amended to read:
AB100,1106,2217 94.73 (8) Subrogation. The department is entitled to the right of subrogation
18for the reimbursement of corrective action costs to the extent that a responsible
19person who receives reimbursement of corrective action costs may recover the costs
20from a 3rd party. The amounts collected by the department under this subsection
21shall be deposited in the agrichemical management fund credited to the
22appropriation account under s. 20.115 (7) (i)
.
AB100, s. 2542 23Section 2542. 94.73 (13) of the statutes is amended to read:
AB100,1107,224 94.73 (13) Penalty. Any person who violates an order issued by the department
25under
this section or an order issued or rule promulgated under this section shall

1forfeit not less than $10 nor more than $5,000 for each violation. Each day of
2continued violation is a separate offense.
AB100, s. 2543 3Section 2543. 94.73 (15) of the statutes is created to read:
AB100,1107,114 94.73 (15) Surcharge adjustments. The department may, by rule, reduce any
5of the surcharges in ss. 94.64 (3r) (b) and (4) (a) 5., 94.681 (3), 94.685 (3) (a) 2., 94.703
6(3) (a) 2. and 94.704 (3) (a) 2. below the amounts specified in those provisions. The
7department shall adjust surcharge amounts as necessary to maintain a balance in
8the appropriation account under s. 20.115 (7) (i) at the end of each fiscal year of at
9least $2,000,000 but not more than $5,000,000, but may not increase a surcharge
10amount over the amount specified in s. 94.64 (3r) (b) or (4) (a) 5., 94.681 (3), 94.685
11(3) (a) 2., 94.703 (3) (a) 2. or 94.704 (3) (a) 2.
AB100, s. 2544 12Section 2544. 95.72 (2) (c) 5. of the statutes is amended to read:
AB100,1107,1413 95.72 (2) (c) 5. A Subject to ss. 93.13 and 93.135, a person may renew a license
14by submitting the required license fee and renewal form.
AB100, s. 2545 15Section 2545. 97.29 (3) (cm) 1. of the statutes is amended to read:
AB100,1107,1816 97.29 (3) (cm) 1. For a food processing plant that has an annual production of
17$25,000 or more but less than $250,000 and that is engaged in processing potentially
18hazardous food or in canning, the reinspection fee is $80.
AB100, s. 2546 19Section 2546. 97.29 (3) (cm) 3. of the statutes is amended to read:
AB100,1107,2220 97.29 (3) (cm) 3. For a food processing plant that has an annual production of
21$25,000 or more but less than $250,000 and that is not engaged in processing
22potentially hazardous food or in canning, the reinspection fee is $50.
AB100, s. 2547 23Section 2547. 97.29 (3) (cm) 5. of the statutes is created to read:
AB100,1107,2524 97.29 (3) (cm) 5. For a food processing plant that has an annual production of
25less than $25,000, the reinspection fee is $40.
AB100, s. 2548
1Section 2548. 97.30 (3m) (a) 3. of the statutes is amended to read:
AB100,1108,62 97.30 (3m) (a) 3. Beginning with the license year that ends on June 30, 1995,
3an
An annual weights and measures inspection fee of $45, except that this fee does
4not apply to a retail food establishment that is located in a municipality that has
5established a municipal department of weights and measures under s. 98.04 (1) for
6the purpose of enforcement of the provisions of ch. 98.
AB100, s. 2549 7Section 2549. 97.30 (3m) (b) 3. of the statutes is amended to read:
AB100,1108,128 97.30 (3m) (b) 3. Beginning with the license year that ends on June 30, 1995,
9an
An annual weights and measures inspection fee of $100, except that this fee does
10not apply to a retail food establishment that is located in a municipality that has
11established a municipal department of weights and measures under s. 98.04 (1) for
12the purpose of enforcement of the provisions of ch. 98.
AB100, s. 2550 13Section 2550. 97.30 (3m) (c) 3. of the statutes is amended to read:
AB100,1108,1814 97.30 (3m) (c) 3. Beginning with the license year that ends on June 30, 1995,
15an
An annual weights and measures inspection fee of $25, except that this fee does
16not apply to a retail food establishment that is located in a municipality that has
17established a municipal department of weights and measures under s. 98.04 (1) for
18the purpose of enforcement of the provisions of ch. 98.
AB100, s. 2551 19Section 2551. 98.16 (2) (a) 1. of the statutes is amended to read:
AB100,1109,220 98.16 (2) (a) 1. Except as provided in subd. 2., a person may not operate a
21vehicle scale without a license from the department. A separate license is required
22for each scale. A license is not transferable between persons or scales. A license
23expires on December March 31 annually. The department shall provide a license
24application form for persons applying for a license. The form may require

1information reasonably required by the department for licensing purposes. A license
2application shall be accompanied by applicable fees under pars. (b) and (c).
AB100, s. 2552 3Section 2552. 98.16 (2) (b) of the statutes is amended to read:
AB100,1109,54 98.16 (2) (b) The fee for a license under par. (a) is $30 $60, except that the
5department may establish a different fee by rule.
AB100, s. 2553 6Section 2553. 98.16 (2) (c) of the statutes is amended to read:
AB100,1109,137 98.16 (2) (c) An applicant for a license under par. (a) shall pay a license fee
8surcharge of $30 $200 in addition to the license fee if the department determines that
9within one year prior to submitting the license application the applicant operated a
10vehicle scale without a license as required by par. (a). Payment of the license fee
11surcharge does not relieve the applicant of any other civil or criminal liability for the
12operation of a vehicle scale without a license but shall not constitute evidence of
13violation of a law.
AB100, s. 2554 14Section 2554. 98.18 (1) (title) of the statutes is amended to read:
AB100,1109,1515 98.18 (1) (title) License required.
AB100, s. 2555 16Section 2555. 98.18 (1) (a) 1. of the statutes is renumbered 98.18 (1) (a) and
17amended to read:
AB100,1109,2218 98.18 (1) (a) Except as provided in subd. 2., a person may not par. (bm), no
19person may
engage in the business of installing, servicing, testing or calibrating
20weights and measures without a license from the department. A license expires on
21December 31 annually. The department shall provide a license application for
22persons applying for a license.
AB100,1110,3 23(1d) (title) License application. The form may require information An
24applicant for a license issued under sub. (1) (a) shall apply on a form provided by the
25department. The applicant shall provide on the form information that is
reasonably

1required by the department for licensing purposes. A issuing licenses under this
2section. The
license application shall be accompanied by the applicable fees under
3pars. (b) and (c) subs. (1h) and (1p).
AB100, s. 2556 4Section 2556. 98.18 (1) (a) 2. (intro.) of the statutes is renumbered 98.18 (1)
5(bm) (intro.) and amended to read:
AB100,1110,76 98.18 (1) (bm) (intro.) Subdivision 1. Paragraph (a) does not apply to any of the
7following:
AB100, s. 2557 8Section 2557. 98.18 (1) (a) 2. a. of the statutes is renumbered 98.18 (1) (bm)
91. and amended to read:
AB100,1110,1210 98.18 (1) (bm) 1. A person who installs, services, tests or calibrates weights and
11measures only as an employe of a person who is required under this paragraph par.
12(a)
to hold a license to perform those services.
AB100, s. 2558 13Section 2558. 98.18 (1) (a) 2. b. of the statutes is renumbered 98.18 (1) (bm)
142.
AB100, s. 2559 15Section 2559. 98.18 (1) (b) of the statutes is repealed.
AB100, s. 2560 16Section 2560. 98.18 (1) (c) of the statutes is renumbered 98.18 (1p) and
17amended to read:
AB100,1111,218 98.18 (1p) (title) Surcharge for operating without a license. An applicant
19for a license under par. sub. (1) (a) shall pay a license fee surcharge of $100 $200 in
20addition to the license fee if the department determines that within one year prior
21to submitting the license
before making the application the applicant engaged in the
22business of installing, servicing, testing or calibrating weights and measures
23without a license as required by par.
violated sub. (1) (a). Payment of the license fee
24this surcharge does not relieve the applicant of any other civil or criminal liability
25that may result from the unlicensed activity but shall the applicant may incur

1because of the violation of sub. (1) (a), but does
not constitute evidence of violation
2of a law.
AB100, s. 2561 3Section 2561. 98.18 (1) (d) of the statutes is renumbered 98.18 (1t) and
4amended to read:
AB100,1111,105 98.18 (1t) (title) License contingent on fee payment. The department shall
6may not issue or renew a license under par. sub. (1) (a) unless the applicant pays all
7fees required under pars. (b) and (c) subs. (1h) and (1p) as set forth in a statement
8issued by the department. The department shall refund a fee paid under protest if
9the department determines that the fee was not required to be paid under this
10section.
AB100, s. 2562 11Section 2562. 98.18 (1h) of the statutes is created to read:
AB100,1111,1312 98.18 (1h) License fees. Unless the department establishes different fees by
13rule, the following annual license fees shall apply:
AB100,1111,1614 (a) If the applicant solely engages in installing, servicing, testing or calibrating
15weights and measures that the applicant owns, the applicant for a license under sub.
16(1) (a) shall pay a license fee in the amount of $100.
AB100,1111,1817 (b) If the applicant installs, services, tests or calibrates weights or measures
18for others, the applicant for a license under sub. (1) (a) shall pay all of the following:
AB100,1111,1919 1. A basic license fee of $200.
AB100,1111,2120 2. A supplementary license fee of $50 for each additional business location if
21the applicant operates from more than one business location.
AB100, s. 2563 22Section 2563. 98.18 (2) of the statutes is amended to read:
AB100,1112,223 98.18 (2) Rules. The department may promulgate rules to establish license
24fees under sub. (1) (b) (1h) and to regulate the installation, servicing, testing and

1certification of weights and measures. The rules may include record-keeping and
2reporting requirements.
AB100, s. 2564 3Section 2564. 98.245 (4) (a) of the statutes is amended to read:
AB100,1112,114 98.245 (4) (a) When liquefied petroleum gas is sold or delivered to a consumer
5as a liquid and by liquid measurement the volume of liquid so sold and delivered shall
6be corrected to a temperature of 60 degrees Fahrenheit through use of an approved
7volume correction factor table, or through use of an approved a meter with that is
8equipped with a
sealed automatic compensating mechanism and that is in
9compliance with sub. (7)
. All sale tickets shall show the delivered gallons, the
10temperature at the time of delivery and the corrected gallonage, or shall state that
11temperature correction was automatically made.
AB100, s. 2565 12Section 2565. 98.245 (4) (b) of the statutes is amended to read:
AB100,1112,2313 98.245 (4) (b) When liquefied petroleum gas is sold or delivered to a consumer
14in vapor form by vapor measurement, the volume of vapor so sold and delivered shall
15be corrected to a temperature of 60 degrees Fahrenheit through the use of an
16approved
a meter that is equipped with a sealed automatic temperature
17compensating mechanism. This paragraph shall apply to all meters installed for use
18in the vapor measurement of liquefied petroleum gas in vapor form after May 24,
191978. This paragraph does not prohibit the continued use of meters previously
20installed without a self-sealing automatic temperature compensating mechanism,
21but no such meter may be continued in use after January 1, 1986, unless brought into
22compliance with this paragraph. Subsection (7) does not apply to meters used to sell
23or deliver liquefied petroleum gas that are subject to this paragraph.
AB100, s. 2566 24Section 2566. 98.245 (6) (title) of the statutes is repealed and recreated to
25read:
AB100,1113,1
198.245 (6) (title) Pumps and meters.
AB100, s. 2567 2Section 2567. 98.245 (6) (a) (intro.) of the statutes is amended to read:
AB100,1113,93 98.245 (6) (a) (intro.) No person may sell liquefied petroleum gas and deliver
4it by a vehicle equipped with a pump and metering device meter unless the pump and
5metering device meter is equipped with a delivery ticket printer and is in compliance
6with sub. (7)
. Except as provided in par. (b), the seller shall, at the time of delivery,
7either provide a copy of the delivery ticket printed by the delivery ticket printer to
8the purchaser or leave a copy at the place of delivery. The delivery ticket shall contain
9all of the following information:
AB100, s. 2568 10Section 2568. 98.245 (7) of the statutes is created to read:
AB100,1113,1111 98.245 (7) Meters; testing; fees. (a) In this subsection:
AB100,1113,1212 1. "Applicable standards" means all of the following:
AB100,1113,1513 a. The standards, specifications, regulations and tolerances that are specified
14under s. 98.03 or that are promulgated as rules under s. 98.03 and that apply to
15liquefied petroleum gas.
AB100,1113,1616 b. The standards promulgated as rules under par. (k).
AB100,1113,1917 2. "Seller" means a person who sells liquefied petroleum gas and who operates
18a meter to measure the amount of liquefied petroleum gas that the person delivers
19or sells.
AB100,1113,2420 (b) A seller shall have the seller's meter inspected and tested at least once every
21365 days for accuracy, at the seller's expense, by an independent meter testing or
22service company. The meter testing or service company shall conduct the inspection
23and testing using the applicable standards and shall determine whether the meter
24meets the applicable standards.
AB100,1114,4
1(c) A meter testing or service company that inspects and tests a meter under
2par. (b) in this state shall promptly prepare and furnish a written report to the seller
3for whom the company performed the inspection and testing. The report shall
4include all of the following:
AB100,1114,65 1. The name and address of the seller for whom the meter testing or service
6company performed the inspection and testing.
AB100,1114,77 2. The date of the inspection and testing.
AB100,1114,98 3. Information identifying the meter, including its brand name and serial
9number.
AB100,1114,1110 4. If the meter is mounted on a vehicle, the vehicle identification number, as
11defined in s. 340.01 (23r), or the number used by the seller to identify the vehicle.
AB100,1114,1312 5. The condition of the meter as found by the meter testing or service company,
13including whether the meter complies with the applicable standards.
AB100,1114,1514 6. The condition of the meter as left by the meter testing or service company,
15including whether the meter complies with the applicable standards.
AB100,1114,1816 (d) The meter testing or service company shall file with the department a copy
17of the report under par. (c) within 30 days after the company completes the inspection
18and testing.
AB100,1114,2419 (e) A meter testing or service company that inspects and tests meters under par.
20(b) shall pay to the department, by April 1 annually, a fee of $20 for each meter for
21which the company has filed one or more reports under par. (d) during the preceding
22year. By February 15 annually, the department shall bill each meter testing or
23service company the amount that the company is required to pay under this
24paragraph for the preceding year.
AB100,1115,5
1(f) A person preparing a report or receiving a copy of a report under par. (c) shall
2keep it for at least 3 years after the report is prepared and shall make the report or
3the copy available to the department for inspection and copying upon the
4department's request. No person may falsify any report required under par. (c) or a
5copy of such a report.
AB100,1115,76 (g) 1. The department may inspect and test any meter that is used to measure
7an amount of liquefied petroleum gas that is delivered or sold.
AB100,1115,108 2. A seller shall pay to the department a fee of $150 if the seller's meter fails
9the inspection and testing under subd. 1. because the amount of liquefied petroleum
10gas that is delivered is less than the meter indicates.
AB100,1115,1311 3. A seller shall pay to the department a fee of $150 if the seller's meter has not
12been inspected and tested as required under par. (b) within 365 days before the date
13of the inspection and testing under subd. 1.
AB100,1115,1714 (h) 1. If a meter fails inspection and testing under par. (g) 2., the department
15may reinspect and retest the meter. Except as provided in subd. 2., the seller shall
16pay a reinspection fee of $250 if, at the time of reinspection and retesting, the amount
17of liquefied petroleum gas that is delivered is less than the meter indicates.
AB100,1115,2118 2. Notwithstanding the fee under subd. 1., if the department reinspects and
19retests the meter more than 180 days after the inspection and testing conducted by
20the department under par. (g), the seller shall pay a fee of only $150 and only if the
21amount of liquefied petroleum gas that is delivered is less than the meter indicates.
AB100,1116,222 (i) A seller shall pay a fee required under par. (g) or (h) after the department
23completes the inspection and testing. The fee is due when the seller receives a
24written demand from the department. The department may issue the written

1demand no later than the February 1 following December 31 of the year in which the
2inspection and testing were conducted.
AB100,1116,43 (j) The payment of a fee under par. (g) or (h) does not relieve a seller of any
4liability under s. 98.26 but does not constitute evidence of any violation of law.
AB100,1116,55 (k) The department may promulgate rules to do any of the following:
AB100,1116,76 1. Establish standards for the construction, installation and maintenance of
7liquefied petroleum gas meters.
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