1. The applicant's correct legal name and business address, and any trade name under which the applicant proposes to operate the liquefied petroleum gas meter.
2. A description of the liquefied petroleum gas meter, including the serial number or other identifying marks that appear on the meter, and if applicable, the vehicle on which the meter is mounted.
3. The fees and surcharges required under par. (c).
4. Other relevant information reasonably required by the department for licensing purposes.
(c) An application under par. (b) shall include the following fees and surcharges:
1. A license fee established by department rule.
2. A surcharge established by department rule, if the department determines that, within one year prior to submitting the application, the applicant operated the liquefied petroleum gas meter without a license required under par. (a). The department may not issue a license under this subsection to an operator if the operator has failed to pay a surcharge under this subdivision assessed against the operator.
3. A surcharge established by the department by rule if the department determines that, within one year prior to submitting the application, the applicant failed to comply with a test reporting requirement under sub. (8). The department may not issue a license under this subsection to an operator if the operator has failed to pay a surcharge under this subdivision assessed against the operator.
4. Reinspection fees, if any, required under s. 98.255.
(d) Payment of a surcharge under par. (c) 2. or 3. does not relieve the applicant of any other civil or criminal liability for a law violation, but is not evidence of a violation of this section.
(e) Paragraph (a) does not apply to an individual who operates a liquefied petroleum gas meter only as an employee of a person who is required to hold a license under par. (a) to operate that meter.
SECTION 26. 98.245 (8) of the statutes is created to read:
98.245 (8) TESTING AND REPORTING. A person that is required to hold a license under sub. (7m) to operate a liquefied petroleum gas meter shall have the meter tested for accuracy, at least annually, by a person who is licensed under s. 98.18 (1) to perform the test. The meter operator, or the tester on behalf of the meter operator, shall report the results of each test to the department within 30 days after the testing is completed. The operator shall retain a record of each test for at least 3 years.
SECTION 27. 98.245 (9) of the statutes is created to read:
98.245 (9) RULES. (a) The department shall promulgate rules that establish all of the following:
1. License fee and surcharge amounts under sub. (7m) (c).
2. Standards for the testing, reporting, and record keeping required under sub. (8).
(b) The department may promulgate rules that establish standards for the construction, operation, and maintenance of liquefied petroleum gas meters.
SECTION 28. 98.25 (title) of the statutes is renumbered 98.16 (3m) (title) and amended to read:
98.16 (3m) (title) VEHICLE SCALES: ANNUAL ANNUAL TESTING.
SECTION 29. 98.25 (1) of the statutes is renumbered 98.16 (3m) (a) and amended to read:
98.16 (3m) (a) The owner or operator of a scale with a weighing capacity of 5,000 pounds or more used for the commercial weighing of commodities shall cause the scales to be tested and inspected at least annually for accuracy by an independent scale testing or service company in accordance with specifications, tolerances, standards and procedures established by the national institute of standards and technology and the department for the testing and examination of scales, using test weights approved by the department. The annual tests and inspections shall be at the expense of the owner or operator a person licensed under s. 98.18 (1).
SECTION 30. 98.25 (2) of the statutes is renumbered 98.16 (3m) (b) (intro.) and amended to read:
98.16 (3m) (b) (intro.) A scale testing or service company person conducting a test under sub. (1) par. (a) shall, at the time of testing and inspection, promptly furnish to the owner or operator of the scale a report showing the results of the test and inspection with an additional copy for the department. The owner and operator of a scale which is found to be inaccurate at the time of testing shall immediately withdraw the scale from further use until necessary corrections, adjustments or repairs are made and do all of the following:
(d) If a test under this subsection shows that a vehicle scale is inaccurate, the scale may not be used until the inaccuracy is corrected and the scale is determined to be accurate by the scale testing or service company. A copy of the report prepared by the scale testing or service company shall be filed with the department by the owner or operator of the scale within 15 days after the test and inspection has been completed. The department shall maintain a list open for public inspection of all scales tested and found to be accurate on the annual test a subsequent test under this subsection.
SECTION 31. 98.25 (3) of the statutes is renumbered 98.16 (3m) (e) and amended to read:
98.16 (3m) (e) No person may falsify a test or determination of the accuracy of a vehicle scale tested under sub. (1) or file with the department a false report of a test of a vehicle scale under sub. (1), test result, or test report under this subsection.
SECTION 32. 98.25 (4) of the statutes is renumbered 98.16 (3m) (f).
SECTION 33. 98.255 of the statutes is created to read:
98.255 Reinspection; fee. (1) If the department reinspects a weight or measure because the department has found a violation of this chapter or a rule promulgated under this chapter, the department may charge the operator of the weight or measure a reinspection fee.
(2) The department shall establish the amount of the reinspection fee under sub. (1) by rule and may establish different reinspection fees for different types of weights and measures. The amount of a reinspection fee for a weight or measure may not exceed the department's average cost to reinspect that type of weight or measure.
(3) A reinspection fee under sub. (1) is payable after the reinspection is completed and is due upon written demand from the department. The department may issue a demand for payment when it issues an annual license application form to the operator of the weighing or measuring device.
SECTION 9103. Nonstatutory provisions; Agriculture, Trade and Consumer Protection.
(1) EMERGENCY RULES; WEIGHTS AND MEASURES. The department of agriculture, trade and consumer protection may promulgate rules to establish the initial amount of a fee or surcharge under section 98.16 (3) (intro.) of the statutes, as affected by this act, or sections 98.16 (2m) (a) or (b), 98.224 (2) (c) 1., 2., or 3., 98.245 (7m) (c) 1., 2., or 3., or 98.255 (2) of the statutes, as created by this act, as emergency rules under section 227.24 of the statutes. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, emergency rules promulgated under this subsection remain in effect until January 1, 2011, or the date on which permanent rules take effect, whichever is sooner. Notwithstanding section 227.24 (1) (a) and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.
(2) VEHICLE TANK METER LICENSE SURCHARGE. Notwithstanding section 98.224 (2) (c) 2. of the statutes, as created by this act, the department of agriculture, trade and consumer protection may not collect a surcharge from an applicant who has operated a vehicle tank meter without a license unless the unlicensed operation occurred after the effective date of this subsection.
(End)
LRB-0453LRB-0453/P2
PJH:jld:rs
2009 - 2010 LEGISLATURE
DOA:......Wavrunek, BB0120 - Funding for district attorney positions
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
courts and procedure
District attorneys
This bill requires the Office of Justice Assistance (OJA) to fund 1.0 assistant district attorney position in St. Croix County and 0.25 assistant district attorney position in Chippewa County. The bill also requires DOJ to fund 1.0 assistant district attorney position to prosecute drug crimes in St. Croix County.
Additionally, the bill requires DOA to allocate funds from OJA and DOJ appropriations to fund 2.0 assistant district attorney positions in Milwaukee County and 0.75 assistant district attorney position in Dane County to prosecute drug crimes.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 9113. Nonstatutory provisions; District Attorneys.
(1) DISTRICT ATTORNEY POSITION; ST. CROIX COUNTY. From the appropriation account under section 20.505 (6) (p) of the statutes, the office of justice assistance in the department of administration shall expend $82,700 in fiscal year 2009-10 and $84,400 in fiscal year 2010-11 to fund 1.0 assistant district attorney position in St. Croix County.
(2) DISTRICT ATTORNEY POSITION; CHIPPEWA COUNTY. From the appropriation account under section 20.505 (6) (p) of the statutes, the office of justice assistance in the department of administration shall expend $24,750 in fiscal year 2009-10 and $25,400 in fiscal year 2010-11 to fund 0.25 assistant district attorney position in Chippewa County.
(3) PROSECUTION OF DRUG CRIMES; ST. CROIX COUNTY. From the appropriation account under section 20.455 (2) (kp) of the statutes, as affected by this act, the department of justice shall expend $103,000 in fiscal year 2009-10 and $106,000 in fiscal year 2010-11 to fund 1.0 assistant district attorney position in St. Croix County to prosecute criminal violations of chapter 961 of the statutes.
(4) PROSECUTION OF DRUG CRIMES; MILWAUKEE COUNTY. From the appropriation account under section 20.455 (2) (kp) of the statutes, as affected by this act, the department of justice, and from the appropriation account under section 20.505 (6) (p) of the statutes, the office of justice assistance in the department of administration, shall expend $153,250 in fiscal year 2009-10 and $158,250 in fiscal year 2010-11 to fund 2.0 assistant district attorney positions in Milwaukee County to prosecute criminal violations of chapter 961 of the statutes. The department of administration shall determine the amounts to be expended from each appropriation account for each fiscal year.
(5) PROSECUTION OF DRUG CRIMES; DANE COUNTY. From the appropriation account under section 20.455 (2) (kp) of the statutes, as affected by this act, the department of justice, and from the appropriation account under section 20.505 (6) (p) of the statutes, the office of justice assistance in the department of administration, shall expend $85,000 in fiscal year 2009-10 and $87,500 in fiscal year 2010-11 to fund 0.75 assistant district attorney position in Dane County to prosecute criminal violations of chapter 961 of the statutes. The department of administration shall determine the amounts to be expended from each appropriation account for each fiscal year.
(End)
LRB-0457LRB-0457/1
RCT:kjf:ph
2009 - 2010 LEGISLATURE
DOA:......Miner, BB0143 - Seed license program revisions
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Agriculture
This bill makes several changes in the laws related to agricultural and vegetable seed.
Currently, the statutes include detailed requirements for the labeling of agricultural and vegetable seed, including information about the presence of noxious weed seeds in excess of stated amounts. The statutes prohibit the sale of seed with more than specified amounts of certain noxious weed seeds. The statutes list certain weeds as noxious weeds, but also authorize DATCP to add or remove types of weeds from the list of noxious weeds.
This bill repeals the statutory requirements for labeling agricultural and vegetable seed, the prohibitions on the sale of seed containing more than specified amounts of certain noxious weed seeds, and the list of noxious weeds. The bill requires DATCP to promulgate rules on the subjects of seed labeling, the amount of noxious weed seeds in agricultural and vegetable seed, and the designation of weeds as noxious weeds.
Current law requires persons who are required to label agricultural or vegetable seed (such as growers or distributors) to obtain a seed labeler's license from DATCP and specifies license fees that are based on gross sales of agricultural and vegetable seed. This bill lowers the fees for seed labeler's licenses for some persons with annual gross sales of less than $100,000 and increases the fees for persons with higher annual gross sales. The bill also authorizes DATCP to change the fees by rule.
Current law prohibits the sale of certain seed unless the seed is certified by an official seed certifying agency. Under current law, the Wisconsin Crop Improvement Association, a nonprofit organization, is the official seed certifying agency for this state. Under this bill, the Wisconsin Crop Improvement Association is also the agency for certifying that mulch, hay, and straw is weed free.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 20.115 (7) (gm) of the statutes is amended to read:
20.115 (7) (gm) Seed testing and labeling. All moneys received from fees under ss. 94.43 (3) and (4) and 94.45 (3) (1) (c) for seed testing and labeling activities.
SECTION 2. 94.38 (3) of the statutes is repealed.
SECTION 3. 94.38 (4) of the statutes is repealed.
SECTION 4. 94.38 (4m) of the statutes is repealed.
SECTION 5. 94.38 (5) of the statutes is repealed.
SECTION 6. 94.38 (6) of the statutes is repealed.
SECTION 7. 94.38 (8) of the statutes is amended to read:
94.38 (8) "Labeler" means any person who as grower, processor, jobber, distributor or seller labels seed or accepts responsibility for labeling information pertaining to any container or lot of agricultural seed or vegetable seed and whose name and address is are required by the department by rule to appear on the label under s. 94.39.
SECTION 8. 94.38 (9) of the statutes is repealed.
SECTION 9. 94.38 (12) of the statutes is repealed.
SECTION 10. 94.38 (13) of the statutes is repealed.
SECTION 11. 94.38 (15) of the statutes is repealed.
SECTION 12. 94.38 (19) of the statutes is repealed.
SECTION 13. 94.38 (20) of the statutes is repealed.
SECTION 14. 94.38 (21) of the statutes is repealed.
SECTION 15. 94.38 (22) of the statutes is repealed.
SECTION 16. 94.38 (23) of the statutes is repealed.
SECTION 17. 94.38 (24) of the statutes is repealed.
SECTION 18. 94.385 of the statutes is amended to read: