SB45: Bill Text

SB45,947,20 3. Misrepresent the name, origin, grade, variety, quality or hardiness of any nursery stock offered for sale or make any other false or misleading representation in the advertising or sale of nursery stock.

SB45,947,23 4. Conceal nursery stock to avoid inspection by the department, falsify any record required under this section or make any false or misleading statement to the department.

SB45,947,25 (8) Department inspection. The department may inspect nurseries and premises at which nursery stock is held for sale or distribution.

SB45,948,3 (9) Department orders. (a) Holding orders and remedial orders. An authorized employe or agent of the department may, by written notice, order a nursery grower or nursery dealer to do any of the following:

SB45,948,4 1. Temporarily hold nursery stock pending inspection by the department.

SB45,948,5 2. Remedy violations of this section.

SB45,948,7 3. Refrain from importing weeds or pests that threaten agricultural production or the environment in this state.

SB45,948,10 4. Permanently withhold nursery stock from sale or distribution, if the sale or distribution would violate this section or an order issued under this section and the violation cannot be adequately remedied in another manner.

SB45,948,13 5. Destroy or return, without compensation from the department, nursery stock that is sold or distributed in violation of this section, or an order issued under this section, if the violation cannot be adequately remedied in another manner.

SB45,948,20 (b) Hearing. If the recipient of an order under par. (a) requests a hearing on that order, the department shall hold an informal hearing within 10 days unless the recipient of the order consents to a later date for an informal hearing. The request for a hearing is not a request under s. 227.42 (2). If a contested matter is not resolved at the informal hearing, the recipient of the order is entitled to a class 2 contested case hearing under ch. 227. The department is not required to stay an order under par. (a) pending the outcome of any hearing under this paragraph.

SB45,948,23 (10) Reciprocal agreements with other states. (a) General. The department may enter into reciprocal agreements with other states to facilitate interstate shipments of nursery stock.

SB45,949,3 (b) Officially inspected sources. As part of an agreement under par. (a), the department may recognize sources of nursery stock in another state as officially inspected sources.

SB45,949,5 (c) Inspection and certification standards. An agreement under par. (a) may specify standards and procedures for all of the following:

SB45,949,6 1. Inspecting officially inspected sources of nursery stock.

SB45,949,7 2. Inspecting and certifying interstate shipments of nursery stock.

SB45, s. 1935 Section 1935. 94.50 (2) of the statutes is amended to read:

SB45,949,16 94.50 (2) Growers and dealers; registration. No person may act as a grower or a dealer unless he or she is registered with the department. Any person who acts as a dealer and a grower shall register as both. Registrations shall be made annually on a form provided by the department. Registrations expire on December 31 of each year. A dealer shall pay to the department an annual registration fee of $25. The department shall assign a registration number to each person registered under this subsection. All moneys collected under this subsection shall be credited to the appropriation account under s. 20.115 (7) (ga).

SB45, s. 1936 Section 1936. 94.50 (3) (b) of the statutes is amended to read:

SB45,950,2 94.50 (3) (b) The department shall upon request provide each registered grower and dealer with shipment certificates and report forms required under par. (a). The department shall stamp each shipment certificate and report form with the registration number of the grower or dealer. A shipment certificate and report form is valid only if used during the registration period for which the stamp registration number of the grower or dealer was issued. The department may charge a reasonable fee to recover the costs related to providing shipment certificates and report forms. All moneys collected under this paragraph shall be credited to the appropriation account under s. 20.115 (7) (ga).

SB45, s. 1937 Section 1937. 94.64 (4) (a) 1. of the statutes is amended to read:

SB45,950,7 94.64 (4) (a) 1. A basic fee of 25 23 cents per ton for fertilizer sold or distributed from July 1, 1997, to June 30, 1999 beginning on the effective date of this subdivision .... [revisor inserts date], and ending on June 30, 2001, and 32 30 cents per ton for fertilizer sold or distributed after June 30, 1999 2001, with a minimum fee of $25.

SB45, s. 1938 Section 1938. 94.64 (4) (a) 6. of the statutes is created to read:

SB45,950,11 94.64 (4) (a) 6. Beginning on the effective date of this subdivision .... [revisor inserts date], a weights and measures inspection fee of 2 cents per ton, with a minimum fee of $1.

SB45, s. 1939 Section 1939. 94.64 (4) (c) 6. of the statutes is created to read:

SB45,950,14 94.64 (4) (c) 6. The department shall credit the fee under par. (a) 6. to the appropriation account under s. 20.115 (1) (j).

SB45, s. 1940 Section 1940. 94.681 (2) (a) 1. to 3. of the statutes are amended to read:

SB45,950,19 94.681 (2) (a) 1. If the applicant sold less than $25,000 of the product during the preceding year for use in this state, $265, except that the fee is $215 for the license years that begin on January 1, 1999, and on January 1, 2000, January 1, 2001, and January 1, 2002.

SB45,950,23 2. If the applicant sold at least $25,000 but less than $75,000 of the product during the preceding year for use in this state, $750, except that the fee is $650 for the license years that begin on January 1, 1999, and on January 1, 2000, January 1, 2001, and January 1, 2002.

SB45,951,2 3. If the applicant sold at least $75,000 of the product during the preceding year for use in this state, $1,500, except that the fee is $1,200 for the license years that begin on January 1, 1999, and on January 1, 2000, January 1, 2001, and January 1, 2002.

SB45, s. 1941 Section 1941. 94.681 (2) (b) 1. to 3. of the statutes are amended to read:

SB45,951,7 94.681 (2) (b) 1. If the applicant sold less than $25,000 of the product during the preceding year for use in this state, $315, except that the fee is $265 for the license years that begin on January 1, 1999, and on January 1, 2000, January 1, 2001, and January 1, 2002.

SB45,951,11 2. If the applicant sold at least $25,000 but less than $75,000 of the product during the preceding year for use in this state, $860, except that the fee is $760 for the license years that begin on January 1, 1999, and on January 1, 2000, January 1, 2001, and January 1, 2002.

SB45,951,15 3. If the applicant sold at least $75,000 of that product during the preceding year for use in this state, $3,060, except that the fee is $2,760 for the license years that begin on January 1, 1999, and on January 1, 2000, January 1, 2001, and January 1, 2002.

SB45, s. 1942 Section 1942. 94.681 (2) (c) 1. to 3. of the statutes are amended to read:

SB45,951,20 94.681 (2) (c) 1. If the applicant sold less than $25,000 of that product during the preceding year for use in this state, $320, except that the fee is $270 for the license years that begin on January 1, 1999, and on January 1, 2000, January 1, 2001, and January 1, 2002.

SB45,951,24 2. If the applicant sold at least $25,000 but less than $75,000 of the product during the preceding year for use in this state, $890, except that the fee is $790 for the license years that begin on January 1, 1999, and on January 1, 2000, January 1, 2001, and January 1, 2002.

SB45,952,6 3. If the applicant sold at least $75,000 of the product during the preceding year for use in this state, $3,060 plus 0.2% of the gross revenues from sales of the product during the preceding year for use in this state, except that for the license years that begin on January 1, 1999, and on January 1, 2000, January 1, 2001, and January 1, 2002, the fee shall be $2,760 plus 0.2% of the gross revenues from sales of the product during the preceding year for use in this state.

SB45, s. 1943 Section 1943. 94.704 (3) (a) 1. of the statutes is amended to read:

SB45,952,10 94.704 (3) (a) 1. A license fee of $40, except that the license fee is $30 for the license years that begin on January 1, 1999, and on January 1, 2000, January 1, 2001, and January 1, 2002.

SB45, s. 1944 Section 1944. 94.72 (6) (a) 1. and 2. of the statutes are amended to read:

SB45,952,15 94.72 (6) (a) 1. For commercial feeds distributed in this state during the years that begin on January 1, 1998, and on January 1, 1999, 15, beginning on the effective date of this subdivision .... [revisor inserts date], and ending on December 31, 2001, a feed inspection fee of 13 cents per ton.

SB45,952,17 2. For commercial feeds distributed in this state on or after January 1, 2000, 25 2002, a feed inspection fee of 23 cents per ton.

SB45, s. 1945 Section 1945. 94.72 (6) (a) 3. of the statutes is created to read:

SB45,952,21 94.72 (6) (a) 3. Beginning on the effective date of this subdivision .... [revisor inserts date], for commercial feeds distributed in this state a weights and measures inspection fee of 2 cents per ton.

SB45, s. 1946 Section 1946. 95.21 (9) (c) of the statutes is created to read:

SB45,953,2 95.21 (9) (c) The department may provide training to persons who administer local rabies control programs or who conduct rabies examinations under those programs. The department may charge fees to cover the cost of training. The fees collected under this paragraph shall be credited to the appropriation under s. 20.115 (2) (j).

SB45, s. 1947 Section 1947. 97.30 (1) (bm) of the statutes is repealed and recreated to read:

SB45,953,6 97.30 (1) (bm) Except as provided by the department by rule, "potentially hazardous food" means a food that requires temperature control because it is in a form capable of supporting any of the following:

SB45,953,7 1. Rapid and progressive growth of infectious or toxicogenic microorganisms.

SB45,953,8 2. Growth and toxin production of Clostridium botulinum.

SB45,953,9 3. In raw shell eggs, growth of Salmonella enteritidis.

SB45, s. 1948 Section 1948. 97.34 (2) (c) of the statutes is amended to read:

SB45,953,18 97.34 (2) (c) The department may require testing of bottled drinking water for substances subject to any standard under par. (b) and for any other substance if the department determines that the water system used as the source of the bottled drinking water has a potential of being contaminated, based on contamination of other water systems or groundwater in the vicinity. The department shall adopt by rule requirements for periodic sampling and analysis for the purposes of this subsection. The department shall require all analyses to be conducted by a laboratory accredited or certified under s. 299.11.

SB45, s. 1949 Section 1949. 97.42 (4) (intro.) of the statutes is amended to read:

SB45,953,21 97.42 (4) Rules. (intro.) The department shall may issue reasonable rules requiring or prescribing any of the following:

SB45, s. 1950 Section 1950. 97.42 (4m) of the statutes is created to read:

SB45,954,2 97.42 (4m) Federal requirements. Except as provided in rules promulgated under sub. (4), the operator of an establishment that is required to be licensed under this section shall comply with 9 CFR parts 307 to 311, 313 to 315, 416 and 417 and part 381 subparts G, H, I, J, K, L, O and P as they apply to federally licensed establishments.

SB45, s. 1951 Section 1951. 98.04 (1) of the statutes is amended to read:

SB45,954,23 98.04 (1) Each Except as provided in sub. (2), a municipality having a population of more than 5,000, according to the latest federal census most recent population estimate made by the department of administration under s. 16.96, shall enforce the provisions of this chapter within its jurisdiction. For this purpose it, a municipality shall establish a municipal department of weights and measures. Each municipal department of weights and measures shall have such number of qualified sealers or inspectors as will ensure compliance with this chapter. Municipal sealers or inspectors shall have the same authority as sealers or inspectors of the department. The selection of municipal sealers or inspectors shall be from a list of applicants whose qualifications have been certified by the state or local civil service agency under the rules of the agency. Such The municipality shall procure and keep at all times a complete set of standards of weight and measure conforming to the state standards, and such standards shall be submitted and shall submit the standards for certification at regular intervals as required by the department. It The municipality shall keep a complete record of its work and annually shall file a report thereof with the department. Municipalities The municipality may enact ordinances regulating that regulate weights and measures and that are not in conflict with this chapter or the rules of the department and. The municipality may assess fees which that do not exceed the actual cost of the municipal its weights and measures program.

SB45, s. 1952 Section 1952. 98.04 (2) of the statutes is repealed and recreated to read:

SB45,955,7 98.04 (2) If a municipality is required to establish a department of weights and measures under sub. (1), the municipality may contract with the department to enforce the provisions of this chapter within the municipality's jurisdiction instead of establishing its own department. The department may charge the municipality fees sufficient to cover the department's costs under the contract. A municipality may recover an amount not to exceed the cost of these fees by assessing fees on the persons who receive services under the weights and measures program.

SB45, s. 1953 Section 1953. 98.16 (2) (b) of the statutes, as affected by 1997 Wisconsin Act 27, section 2552f, is amended to read:

SB45,955,11 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.

SB45, s. 1954 Section 1954. 98.245 (7) (title) and (a) of the statutes are repealed and recreated to read:

SB45,955,17 98.245 (7) (title) Meters; licensing; fees; testing. (a) In this subsection, "meter servicer" means a person licensed under s. 98.18 to inspect and test meters that are used to measure liquefied petroleum gas that is sold or delivered in a liquid form and by liquid measure.

SB45, s. 1955 Section 1955. 98.245 (7) (ag) and (ar) of the statutes are created to read:

SB45,955,24 98.245 (7) (ag) License required. Beginning on the effective date of this paragraph .... [revisor inserts date], no person may operate a meter to measure liquefied petroleum gas that is for sale or delivery in liquid form and by liquid measure unless the person holds an annual license issued by the department for the meter. A separate license is required for each meter. A license is not transferable between persons or meters. A license expires on July 31 of each year.

SB45,956,3 (ar) License application; fees. 1. An applicant for the license required under par. (ag) shall apply on a form provided by the department. The license application shall be accompanied by the applicable fees under subds. 2. and 3.

SB45,956,5 2. Unless the department establishes a different fee by rule, the fee for an annual license required under par. (ag) is $25 for each meter.

SB45,956,11 3. In addition to the license fee under subd. 2., an applicant shall pay a license fee surcharge of $200 for a meter if the department determines that within one year before making the application the applicant operated the meter in violation of par. (ag). Payment of this surcharge does not relieve the applicant of any other civil or criminal liability that the applicant may incur because of the violation of par. (ag), but does not constitute evidence of a violation of a law.

SB45, s. 1956 Section 1956. 98.245 (7) (b) 1. of the statutes is repealed and recreated to read:

SB45,956,17 98.245 (7) (b) 1. A person who is required to hold a license under par. (ag) for a meter shall have that meter inspected and tested annually by a meter servicer. The meter servicer shall inspect and test the meter for accuracy according to the standards, specifications, tolerances and procedures that the department establishes by rule.

SB45, s. 1957 Section 1957. 98.245 (7) (b) 2. of the statutes is amended to read:

SB45,956,25 98.245 (7) (b) 2. A Within 15 days after a meter servicer inspects and tests a meter under subd. 1., the meter servicing company servicer shall file with report the results to the department a report, for each meter, containing the results of the testing under subd. 1. within 30 days after completing the testing in writing. If the meter servicer fails to file the report within the 15 days, the department may assess the meter servicer a fee of up to $100 and may suspend or revoke the meter servicer's license issued under s. 98.18.

SB45, s. 1958 Section 1958. 98.245 (7) (b) 3. and 4. of the statutes are consolidated, renumbered 98.245 (7) (b) 3m. and amended to read:

SB45,957,11 98.245 (7) (b) 3m. If the department determines that a meter has not been inspected and tested under subd. 1. within the last year, the department shall notify the owner. The owner shall have 30 days after being notified to have the meter tested. 4. issue a written notice to the operator of the meter. Within 30 days after the operator received the notice, the operator shall have the meter inspected and tested as required under subd. 1. If the owner operator fails to have the owner's meter tested as required under subd. 3. do so, the department may assess the owner operator a fee of not more than up to $100 for that meter and may suspend or revoke the operator's license issued under par. (ag) for that meter.

SB45, s. 1959 Section 1959. 98.245 (7) (b) 5. of the statutes is repealed.

SB45, s. 1960 Section 1960. 100.261 of the statutes is created to read:

SB45,957,21 100.261 Consumer information assessment. (1) If a court imposes a fine or forfeiture for a violation of this chapter, ch. 98, a rule promulgated under this chapter or ch. 98 or an ordinance enacted under this chapter or ch. 98, the court shall also impose a consumer information assessment in an amount equal to 15% of the fine or forfeiture imposed. If multiple violations are involved, the court shall base the consumer information assessment upon the the total of the fine or forfeiture amounts for all violations. If a fine or forfeiture is suspended in whole or in part, the court shall reduce the assessment in proportion to the suspension.

SB45,958,2 (2) If any deposit is made for a violation to which this section applies, the person making the deposit shall also deposit a sufficient amount to include the consumer information assessment required under this section. If the deposit is forfeited, the amount of the consumer information assessment shall be transmitted to the state treasurer under sub. (3). If the deposit is returned, the consumer information assessment shall also be returned.

SB45,958,7 (3) The clerk of court shall collect and transmit the consumer information assessment amounts to the county treasurer under s. 59.40 (2) (m). The county treasure shall then make payment to the state treasurer under s. 59.25 (3) (f) 2. The state treasure shall deposit the assessment amounts in the general fund, and the amounts shall be credited to appropriation account under s. 20.115 (1) (jb).

SB45, s. 1961 Section 1961. 100.37 (2) (e) 2. e. of the statutes is created to read:

SB45,958,9 100.37 (2) (e) 2. e. Any fever thermometer containing elemental mercury.

SB45, s. 1962 Section 1962. 100.48 (1) (a) of the statutes is renumbered 100.48 (1) (am).

SB45, s. 1963 Section 1963. 100.48 (1) (ad) of the statutes is created to read:

SB45,958,12 100.48 (1) (ad) "All-terrain vehicle" has the meaning given in s. 340.01 (2g).

SB45, s. 1964 Section 1964. 100.48 (1) (ag) of the statutes is created to read:

SB45,958,14 100.48 (1) (ag) "Boat" has the meaning given in s. 30.50 (2).

SB45, s. 1965 Section 1965. 100.48 (1) (b) of the statutes is amended to read: