AB100: Bill Text

AB100, s. 2545 Section 2545. 97.29 (3) (cm) 1. of the statutes is amended to read:

AB100,1107,18 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.

AB100, s. 2546 Section 2546. 97.29 (3) (cm) 3. of the statutes is amended to read:

AB100,1107,22 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.

AB100, s. 2547 Section 2547. 97.29 (3) (cm) 5. of the statutes is created to read:

AB100,1107,25 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.

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

AB100,1108,6 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) for the purpose of enforcement of the provisions of ch. 98.

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

AB100,1108,12 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) for the purpose of enforcement of the provisions of ch. 98.

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

AB100,1108,18 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) for the purpose of enforcement of the provisions of ch. 98.

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

AB100,1109,2 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, s. 2552 Section 2552. 98.16 (2) (b) of the statutes is amended to read:

AB100,1109,5 98.16 (2) (b) The fee for a license under par. (a) is $30 $60, except that the department may establish a different fee by rule.

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

AB100,1109,13 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, s. 2554 Section 2554. 98.18 (1) (title) of the statutes is amended to read:

AB100,1109,15 98.18 (1) (title) License required.

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

AB100,1109,22 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.

AB100,1110,3 (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, s. 2556 Section 2556. 98.18 (1) (a) 2. (intro.) of the statutes is renumbered 98.18 (1) (bm) (intro.) and amended to read:

AB100,1110,7 98.18 (1) (bm) (intro.) Subdivision 1. Paragraph (a) does not apply to any of the following:

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

AB100,1110,12 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, s. 2558 Section 2558. 98.18 (1) (a) 2. b. of the statutes is renumbered 98.18 (1) (bm) 2.

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

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

AB100,1111,2 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, s. 2561 Section 2561. 98.18 (1) (d) of the statutes is renumbered 98.18 (1t) and amended to read:

AB100,1111,10 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, s. 2562 Section 2562. 98.18 (1h) of the statutes is created to read:

AB100,1111,13 98.18 (1h) License fees. Unless the department establishes different fees by rule, the following annual license fees shall apply:

AB100,1111,16 (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.

AB100,1111,18 (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:

AB100,1111,19 1. A basic license fee of $200.

AB100,1111,21 2. A supplementary license fee of $50 for each additional business location if the applicant operates from more than one business location.

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

AB100,1112,2 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, s. 2564 Section 2564. 98.245 (4) (a) of the statutes is amended to read:

AB100,1112,11 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, s. 2565 Section 2565. 98.245 (4) (b) of the statutes is amended to read:

AB100,1112,23 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, s. 2566 Section 2566. 98.245 (6) (title) of the statutes is repealed and recreated to read:

AB100,1113,1 98.245 (6) (title) Pumps and meters.

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

AB100,1113,9 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, s. 2568 Section 2568. 98.245 (7) of the statutes is created to read:

AB100,1113,11 98.245 (7) Meters; testing; fees. (a) In this subsection:

AB100,1113,12 1. "Applicable standards" means all of the following:

AB100,1113,15 a. The standards, specifications, regulations and tolerances that are specified under s. 98.03 or that are promulgated as rules under s. 98.03 and that apply to liquefied petroleum gas.

AB100,1113,16 b. The standards promulgated as rules under par. (k).

AB100,1113,19 2. "Seller" means a person who sells liquefied petroleum gas and who operates a meter to measure the amount of liquefied petroleum gas that the person delivers or sells.

AB100,1113,24 (b) A seller shall have the seller's meter inspected and tested at least once every 365 days for accuracy, at the seller's expense, by an independent meter testing or service company. The meter testing or service company shall conduct the inspection and testing using the applicable standards and shall determine whether the meter meets the applicable standards.

AB100,1114,4 (c) A meter testing or service company that inspects and tests a meter under par. (b) in this state shall promptly prepare and furnish a written report to the seller for whom the company performed the inspection and testing. The report shall include all of the following:

AB100,1114,6 1. The name and address of the seller for whom the meter testing or service company performed the inspection and testing.

AB100,1114,7 2. The date of the inspection and testing.

AB100,1114,9 3. Information identifying the meter, including its brand name and serial number.

AB100,1114,11 4. If the meter is mounted on a vehicle, the vehicle identification number, as defined in s. 340.01 (23r), or the number used by the seller to identify the vehicle.

AB100,1114,13 5. The condition of the meter as found by the meter testing or service company, including whether the meter complies with the applicable standards.

AB100,1114,15 6. The condition of the meter as left by the meter testing or service company, including whether the meter complies with the applicable standards.

AB100,1114,18 (d) The meter testing or service company shall file with the department a copy of the report under par. (c) within 30 days after the company completes the inspection and testing.

AB100,1114,24 (e) A meter testing or service company that inspects and tests meters under par. (b) shall pay to the department, by April 1 annually, a fee of $20 for each meter for which the company has filed one or more reports under par. (d) during the preceding year. By February 15 annually, the department shall bill each meter testing or service company the amount that the company is required to pay under this paragraph for the preceding year.

AB100,1115,5 (f) A person preparing a report or receiving a copy of a report under par. (c) shall keep it for at least 3 years after the report is prepared and shall make the report or the copy available to the department for inspection and copying upon the department's request. No person may falsify any report required under par. (c) or a copy of such a report.

AB100,1115,7 (g) 1. The department may inspect and test any meter that is used to measure an amount of liquefied petroleum gas that is delivered or sold.

AB100,1115,10 2. A seller shall pay to the department a fee of $150 if the seller's meter fails the inspection and testing under subd. 1. because the amount of liquefied petroleum gas that is delivered is less than the meter indicates.

AB100,1115,13 3. A seller shall pay to the department a fee of $150 if the seller's meter has not been inspected and tested as required under par. (b) within 365 days before the date of the inspection and testing under subd. 1.

AB100,1115,17 (h) 1. If a meter fails inspection and testing under par. (g) 2., the department may reinspect and retest the meter. Except as provided in subd. 2., the seller shall pay a reinspection fee of $250 if, at the time of reinspection and retesting, the amount of liquefied petroleum gas that is delivered is less than the meter indicates.

AB100,1115,21 2. Notwithstanding the fee under subd. 1., if the department reinspects and retests the meter more than 180 days after the inspection and testing conducted by the department under par. (g), the seller shall pay a fee of only $150 and only if the amount of liquefied petroleum gas that is delivered is less than the meter indicates.

AB100,1116,2 (i) A seller shall pay a fee required under par. (g) or (h) after the department completes the inspection and testing. The fee is due when the seller receives a written demand from the department. The department may issue the written demand no later than the February 1 following December 31 of the year in which the inspection and testing were conducted.

AB100,1116,4 (j) The payment of a fee under par. (g) or (h) does not relieve a seller of any liability under s. 98.26 but does not constitute evidence of any violation of law.

AB100,1116,5 (k) The department may promulgate rules to do any of the following:

AB100,1116,7 1. Establish standards for the construction, installation and maintenance of liquefied petroleum gas meters.

AB100,1116,9 2. Establish standards for the inspection and testing of liquefied petroleum gas meters.

AB100, s. 2569 Section 2569. 99.02 (1) of the statutes is amended to read:

AB100,1116,23 99.02 (1) Application. Except as provided in sub. (2), no person may operate a warehouse, including a cold storage warehouse, for the storage of property as bailee for hire without a public warehouse keeper's license. A person desiring a public warehouse keeper's license shall apply on a form furnished by the department and shall set forth the location, size, character and equipment of the building or premises to be used by the applicant, the kinds of goods intended to be stored, the name of each partner if a partnership or of each member if a limited liability company, the names of the officers if a corporation, and such other facts as the department requires to show that the property proposed to be used is suitable for a warehouse and that the applicant is qualified as a public warehouse keeper. If Subject to ss. 93.13 and 93.135, if the property proposed to be used is suitable for a public warehouse and the applicant is otherwise qualified, a license shall be issued upon payment of the license fee under sub. (3) and the filing of security or insurance as required under s. 99.03.

AB100, s. 2570 Section 2570. 100.06 (1g) (c) of the statutes is amended to read:

AB100,1117,9 100.06 (1g) (c) The department shall require the applicant to file a financial statement of his or her business operations and financial condition that meets the requirements of par. (d). The licensee, during the term of his or her license, may be required to file such statements periodically. All such statements shall be confidential and shall not be open for public inspection, except that the department shall open such statements for inspection if requested by the department of industry, labor and job development under s. 49.22 (2m). The department may require such statements to be certified by a public accountant. Such statements and audits, when made by the department, shall be paid for at cost.

AB100, s. 2571 Section 2571. 100.201 (1) (b) 1. of the statutes is amended to read:

AB100,1117,19 100.201 (1) (b) 1. "Retailer" means every person making any sale of selected dairy products at retail within this state unless otherwise excepted; provided, that in the case of a person making both sales at retail and sales at wholesale such term shall apply only to the retail portion of such sales. "Retailer" does not include the United States, the state, any municipality local governmental unit, as defined in s. 345.05 (1) (c) (bg), or any religious, charitable or educational organization or institution, but does include any other person engaged in the business of making retail sales wholly or in part for the person's own profit at an institution operated by such an exempt party.

AB100, s. 2572 Section 2572. 100.201 (2) (b) (intro.) of the statutes is amended to read:

AB100,1118,11 100.201 (2) (b) (intro.) Discriminate in price, directly or indirectly, between different purchasers of selected dairy products of like grade and quality where the effect of such discrimination may be substantially to lessen competition or tend to create a monopoly, or to injure, destroy or prevent competition with any person who either grants or knowingly receives the benefit of such discrimination, or with customers of either of them. Proof made at any proceeding under this paragraph that there has been discrimination in price shall be prima facie evidence of the truth of such charges. The burden of rebutting such prima facie evidence by a showing of justification shall be upon the person charged with the violation. Nothing in this paragraph shall prevent any person charged with a violation of this paragraph from rebutting such prima facie evidence by showing that the person's lower price was made in good faith to meet an equally low price of a competitor. Nothing in this paragraph shall be construed to apply to the submission of bids to or sales to the United States, the state, any municipality local governmental unit, as defined in s. 345.05 (1) (c) (bg), or any religious, charitable or educational organization or institution. Nothing in this paragraph shall prevent:

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

AB100,1118,20 100.45 (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, s. 2574 Section 2574. 100.45 (4) (intro.) of the statutes is amended to read: