814.67 (1) (c) 1. For witnesses, the rate of 20 cents per mile.
SECTION 4. 814.67 (1) (c) 2. of the statutes is created to read:
814.67 (1) (c) 2. For interpreters, the mileage rate set under s. 20.916 (8).
(End)
LRB-0446LRB-0446/1
CTS:bjk:ph
2009 - 2010 LEGISLATURE
DOA:......Miner, BB0140 - Weights and measures program changes
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
commerce and economic development
Other commerce and economic development
Vehicle scales
Under current law, the DATCP issues annual licenses to operators of vehicle scales. DATCP is authorized to adjust the $60 statutory license fee by rule, and may impose a $200 license fee surcharge on an applicant who has operated a scale without a license in the year preceding application. Currently, no person may construct or relocate a scale without a permit from DATCP, but DATCP is not authorized to charge a permit fee. Also under current law, DATCP may grant a variance from its scale construction standards, but DATCP is not authorized to charge a variance fee. Current law requires annual testing of certain scales by an independent testing entity that is licensed by DATCP.
This bill permits DATCP to adjust the $200 license fee surcharge by rule. The bill also permits DATCP to charge a fee for a permit to construct or relocate a scale and for a variance from DATCP construction standards, and DATCP may set the amount of the fees by rule.
Liquid petroleum gas meters
Under current law, an operator of a liquid petroleum (LP) gas meter must register the meter with DATCP and pay a one-time registration fee of $25. Operators must test LP gas meters annually or face a $100 testing surcharge.
Under the bill, DATCP issues annual licenses to operators of gas meters and may charge a fee in an amount DATCP sets by rule. DATCP may also impose a surcharge in an amount set by rule on an applicant who has operated a gas meter without a license in the year preceding application, and may adjust the $100 testing surcharge by rule. The bill requires DATCP to promulgate testing, reporting, and record-keeping standards for gas meter operators, and permits DATCP to promulgate standards for gas meter construction, operation, and maintenance.
Vehicle tank meters
Current law requires a person who delivers fuel oil or certain other liquid fuels from a vehicle equipped with a pump and metering device also equip the pump and metering device with a delivery ticket printer that can print data including the volume of fuel delivered.
The bill requires an operator of a vehicle tank meter (used to measure a delivery of fuel oil or certain other liquid fuels) to obtain an annual license from DATCP. DATCP may charge a license fee and may impose a license fee surcharge on an applicant who operated a tank meter without a license in the year preceding application. DATCP may set the amount of the license fee and the license fee surcharge by rule and may promulgate standards for tank meter construction, operation, and maintenance. Under the bill, a tank meter operator must have the tank meter tested annually, and must report the results to DATCP or face a surcharge in an amount set by DATCP by rule.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 20.115 (1) (j) of the statutes is amended to read:
20.115 (1) (j) Weights and measures inspection. The amounts in the schedule for weights and measures inspection, testing and enforcement under ch. 98. All moneys received under ss. 93.06 (1p), 94.64 (4) (a) 6., 94.72 (6) (a) 3., 97.30 (3) (am), 98.04 (2), 98.05 (5), 98.16, 98.18 and 98.245 (7) 98.245 (7m) shall be credited to this appropriation.
SECTION 2. 98.16 (title) of the statutes is amended to read:
98.16 (title) Licensing of vehicle Vehicle scale operators; scale installation and testing.
SECTION 3. 98.16 (2) (title) of the statutes is amended to read:
98.16 (2) (title) LICENSE FOR OPERATOR.
SECTION 4. 98.16 (2) (a) 1. of the statutes is renumbered 98.16 (2) (am) and amended to read:
98.16 (2) (am) Except as provided in subd. 2., a par. (dm), no person may not operate a vehicle scale without a an annual 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 March 31 annually.
(bm) The department shall provide a license application form for persons applying for a license. The form may shall require all of the following:
3. Other information reasonably required by the department for licensing purposes.
(cm) A license application shall be accompanied by applicable fees under pars. (b) and (c). all of the following fees and surcharges:
SECTION 5. 98.16 (2) (a) 2. of the statutes is renumbered 98.16 (2) (dm) and amended to read:
98.16 (2) (dm) Subdivision 1. Paragraph (am) does not apply to a person who operates a vehicle scale only as an employee of a person who is required to hold a license to operate the scale under this paragraph subsection.
SECTION 6. 98.16 (2) (b) of the statutes is renumbered 98.16 (2) (cm) 1. and amended to read:
98.16 (2) (cm) 1. A license fee. The fee for a license under par. (a) this subsection is $60 $100, except that the department may establish a different fee by rule promulgated under sub. (4).
SECTION 7. 98.16 (2) (bm) 1. of the statutes is created to read:
98.16 (2) (bm) 1. The applicant's correct legal name and business address and any trade name under which the applicant proposes to operate the vehicle scale.
SECTION 8. 98.16 (2) (bm) 2. of the statutes is created to read:
98.16 (2) (bm) 2. A description of the nature and location of the vehicle scale.
SECTION 9. 98.16 (2) (c) of the statutes is renumbered 98.16 (2) (cm) 2. and amended to read:
98.16 (2) (cm) 2. An applicant for a license under par. (a) shall pay a A license fee surcharge of $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) (am). The license fee surcharge is $200, except that the department may establish a different surcharge by rule promulgated under sub. (4). The department may not issue a license under this subsection to an operator if the operator has failed to pay a license fee surcharge assessed against the operator. 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.
SECTION 10. 98.16 (2) (d) of the statutes is repealed.
SECTION 11. 98.16 (2m) of the statutes is created to read:
98.16 (2m) PERMIT FOR SCALE INSTALLATION OR CONSTRUCTION; VARIANCE. (a) No person may install or relocate a vehicle scale without a permit from the department. The department shall provide a permit application form for a person applying for a permit under this paragraph. An application for a permit under this paragraph shall be accompanied by a nonrefundable permit application fee in an amount established by the department by rule promulgated under sub. (4).
(b) A person who installs or relocates a vehicle scale shall comply with construction, operation, and maintenance standards and procedures established by the department by rule under sub. (4), except that the department may grant a variance from a construction standard if the department determines that the variance is justified by special circumstances. The department may impose conditions on the variance, including alternative construction standards, if the department determines the conditions are necessary. The department shall provide a variance application form for a person applying for a variance under this paragraph. An application for a variance under this paragraph shall be accompanied by a nonrefundable variance application fee in an amount established by the department by rule promulgated under sub. (4).
SECTION 12. 98.16 (3) (intro.) of the statutes is renumbered 98.16 (4) and amended to read:
98.16 (4) RULES. The department may shall promulgate rules to establish license fees under sub. (2) (b) and to regulate the construction, operation, testing, and maintenance of vehicle scales. The rules may include all of the following: The department may promulgate rules to adjust fees and surcharges under subs. (2) (cm) 1. and 2. and (2m) (a) and (b) and to impose a testing surcharge upon a vehicle scale operator if the operator fails to file a vehicle scale test report as required by a rule promulgated by the department under this subsection.
SECTION 13. 98.16 (3) (a) of the statutes is repealed.
SECTION 14. 98.16 (3) (b) of the statutes is repealed.
SECTION 15. 98.16 (3) (c) of the statutes is repealed.
SECTION 16. 98.16 (3m) (b) 1. of the statutes is created to read:
98.16 (3m) (b) 1. Conduct the test and prepare a test report, according to rules promulgated by the department under sub. (4).
SECTION 17. 98.16 (3m) (b) 2. of the statutes is created to read:
98.16 (3m) (b) 2. Provide a copy of the test report to the operator of the vehicle scale and, if required by rules promulgated by the department under sub. (4), to other persons.
SECTION 18. 98.16 (3m) (c) of the statutes is created to read:
98.16 (3m) (c) An operator of a vehicle scale shall file with the department a copy of each test report prepared regarding the vehicle scale not more than 15 days after the operator receives the test report. If an operator fails to file a report as required in this paragraph, the department may assess a testing surcharge against the operator. The department may not issue a license under sub. (2) to an operator if the operator has failed to pay a testing surcharge assessed against the operator. If an operator fails to pay a testing surcharge assessed against the operator within 120 days after the department assessed the surcharge, the department may revoke the operator's license to operate the vehicle scale for which the operator has been assessed the surcharge.
SECTION 19. 98.16 (3m) (f) of the statutes is created to read:
98.16 (3m) (f) This subsection does not apply to a railway scale used exclusively for the weighing of commodities on railroad track vehicles.
SECTION 20. 98.224 of the statutes is created to read:
98.224 Vehicle tank meters. (1) DEFINITION. In this section, "vehicle tank meter" means a commercial meter used to measure liquid fuel, as defined in s. 98.225 (1).
(2) OPERATOR LICENSED. (a) Except as provided in par. (e), no person may operate a vehicle tank meter without an annual license from the department. An annual license expires on October 31. A separate license is required for each vehicle tank meter. A license is not transferable between persons or vehicle tank meters.
(b) To obtain a license under par. (a), a person shall submit an application on a form provided by the department. The application shall include all of the following:
1. The applicant's correct legal name and business address, and any trade name under which the applicant proposes to operate the vehicle tank meter.
2. A description of the vehicle tank meter, including the serial number or other identifying marks that appear on the meter and 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 all of the following fees and surcharges:
1. A license fee established by the department by rule.
2. A surcharge established by the department by rule, if the department determines that within one year prior to submitting the application, the applicant operated the vehicle tank 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 department rule if the department determines that, within one year prior to submitting the application, the applicant failed to comply with the reporting requirement under sub. (3). 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 vehicle tank meter only as an employee of a person who is required to hold a license under par. (a) to operate that vehicle tank meter.
(3) TESTING AND REPORTING. The operator of a vehicle tank 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 testing. The operator, or the tester on behalf of the operator, shall report the results of each test to the department within 30 days after the testing is completed. The operator shall retain a test report for at least 3 years.
(4) RULES. (a) The department shall promulgate rules that establish all of the following:
1. License fee and surcharge amounts under sub. (2) (c).
2. Standards for the testing, reporting, and record keeping required under sub. (3).
(b) The department may promulgate rules that establish standards for the construction, operation, and maintenance of vehicle tank meters.
SECTION 21. 98.245 (4) (a) of the statutes is amended to read:
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 a meter that is equipped with a sealed automatic compensating mechanism and that is in compliance with sub. (7) has been tested as required under sub. (8). 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.
SECTION 22. 98.245 (4) (b) of the statutes is amended to read:
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 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) (8) does not apply to meters used to sell or deliver liquefied petroleum gas that are subject to this paragraph.
SECTION 23. 98.245 (6) (a) (intro.) of the statutes is amended to read:
98.245 (6) (a) (intro.) No person may sell liquefied petroleum gas and deliver it by a vehicle equipped with a pump and meter unless the meter is equipped with a delivery ticket printer and is in compliance with sub. (7) has been tested as required under sub. (8). 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:
SECTION 24. 98.245 (7) of the statutes is repealed.
SECTION 25. 98.245 (7m) of the statutes is created to read:
98.245 (7m) METER OPERATORS LICENSED. (a) No person may operate a meter to determine the amount of liquefied petroleum gas sold or delivered under sub. (4) (a) unless the person holds an annual license from the department under this subsection. An annual license expires on November 30. A separate license is required for each liquefied petroleum gas meter. A license is not transferable between persons or meters.
