AB75: Bill Text

AB75, s. 2044 Section 2044. 98.16 (2) (bm) 2. of the statutes is created to read:

AB75,1164,13 98.16 (2) (bm) 2. A description of the nature and location of the vehicle scale.

AB75, s. 2045 Section 2045. 98.16 (2) (c) of the statutes is renumbered 98.16 (2) (cm) 2. and amended to read:

AB75,1164,25 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.

AB75, s. 2046 Section 2046. 98.16 (2) (d) of the statutes is repealed.

AB75, s. 2047 Section 2047. 98.16 (2m) of the statutes is created to read:

AB75,1165,8 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).

AB75,1165,19 (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).

AB75, s. 2048 Section 2048. 98.16 (3) (intro.) of the statutes is renumbered 98.16 (4) and amended to read:

AB75,1166,3 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.

AB75, s. 2049 Section 2049. 98.16 (3) (a) of the statutes is repealed.

AB75, s. 2050 Section 2050. 98.16 (3) (b) of the statutes is repealed.

AB75, s. 2051 Section 2051. 98.16 (3) (c) of the statutes is repealed.

AB75, s. 2052 Section 2052. 98.16 (3m) (b) 1. of the statutes is created to read:

AB75,1166,9 98.16 (3m) (b) 1. Conduct the test and prepare a test report, according to rules promulgated by the department under sub. (4).

AB75, s. 2053 Section 2053. 98.16 (3m) (b) 2. of the statutes is created to read:

AB75,1166,13 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.

AB75, s. 2054 Section 2054. 98.16 (3m) (c) of the statutes is created to read:

AB75,1166,24 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.

AB75, s. 2055 Section 2055. 98.224 of the statutes is created to read:

AB75,1167,3 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).

AB75,1167,7 (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.

AB75,1167,9 (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:

AB75,1167,11 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.

AB75,1167,14 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.

AB75,1167,15 3. The fees and surcharges required under par. (c).

AB75,1167,17 4. Other relevant information reasonably required by the department for licensing purposes.

AB75,1167,19 (c) An application under par. (b) shall include all of the following fees and surcharges:

AB75,1167,20 1. A license fee established by the department by rule.

AB75,1168,2 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.

AB75,1168,7 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.

AB75,1168,8 4. Reinspection fees, if any, required under s. 98.255.

AB75,1168,11 (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.

AB75,1168,14 (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.

AB75,1168,19 (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.

AB75,1168,21 (4) Rules. (a) The department shall promulgate rules that establish all of the following:

AB75,1168,22 1. License fee and surcharge amounts under sub. (2) (c).

AB75,1168,24 2. Standards for the testing, reporting, and record keeping required under sub. (3).

AB75,1169,2 (b) The department may promulgate rules that establish standards for the construction, operation, and maintenance of vehicle tank meters.

AB75, s. 2056 Section 2056. 98.245 (4) (a) of the statutes is amended to read:

AB75,1169,11 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 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.

AB75, s. 2057 Section 2057. 98.245 (4) (b) of the statutes is amended to read:

AB75,1169,23 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 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.

AB75, s. 2058 Section 2058. 98.245 (6) (a) (intro.) of the statutes is amended to read:

AB75,1170,7 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:

AB75, s. 2059 Section 2059. 98.245 (7) of the statutes is repealed.

AB75, s. 2060 Section 2060. 98.245 (7m) of the statutes is created to read:

AB75,1170,15 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.

AB75,1170,17 (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:

AB75,1170,19 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.

AB75,1170,22 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.

AB75,1170,23 3. The fees and surcharges required under par. (c).

AB75,1170,25 4. Other relevant information reasonably required by the department for licensing purposes.

AB75,1171,1 (c) An application under par. (b) shall include the following fees and surcharges:

AB75,1171,2 1. A license fee established by department rule.

AB75,1171,8 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.

AB75,1171,13 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.

AB75,1171,14 4. Reinspection fees, if any, required under s. 98.255.

AB75,1171,17 (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.

AB75,1171,20 (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.

AB75, s. 2061 Section 2061. 98.245 (8) of the statutes is created to read:

AB75,1172,2 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.

AB75, s. 2062 Section 2062. 98.245 (9) of the statutes is created to read:

AB75,1172,5 98.245 (9) Rules. (a) The department shall promulgate rules that establish all of the following:

AB75,1172,6 1. License fee and surcharge amounts under sub. (7m) (c).

AB75,1172,8 2. Standards for the testing, reporting, and record keeping required under sub. (8).

AB75,1172,10 (b) The department may promulgate rules that establish standards for the construction, operation, and maintenance of liquefied petroleum gas meters.

AB75, s. 2063 Section 2063. 98.25 (title) of the statutes is renumbered 98.16 (3m) (title) and amended to read:

AB75,1172,13 98.16 (3m) (title) Vehicle scales: annual Annual testing.

AB75, s. 2064 Section 2064. 98.25 (1) of the statutes is renumbered 98.16 (3m) (a) and amended to read:

AB75,1172,23 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).

AB75, s. 2065 Section 2065. 98.25 (2) of the statutes is renumbered 98.16 (3m) (b) (intro.) and amended to read:

AB75,1173,7 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:

AB75,1173,15 (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.

AB75, s. 2066 Section 2066. 98.25 (3) of the statutes is renumbered 98.16 (3m) (e) and amended to read:

AB75,1173,20 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.

AB75, s. 2067 Section 2067. 98.25 (4) of the statutes is renumbered 98.16 (3m) (f).

AB75, s. 2068 Section 2068. 98.255 of the statutes is created to read:

AB75,1174,2 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.

AB75,1174,6 (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.

AB75,1174,10 (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.

AB75, s. 2069 Section 2069. 100.20 (1n) of the statutes is amended to read:

AB75,1174,14 100.20 (1n) It is an unfair method of competition or an unfair trade practice for any person to sell cigarettes to consumers in this state in violation of s. 139.345 or to sell tobacco products to consumers in this state in violation of s. 139.795.

AB75, s. 2070 Section 2070. 100.30 (2) (c) 1. b. of the statutes is amended to read:

AB75,1174,25 100.30 (2) (c) 1. b. For every person holding a permit as a bonded direct marketer as defined in s. 139.30 (1d), as a distributor as defined in s. 139.30 (3), or as a multiple retailer as defined in s. 139.30 (8), with respect to that portion of the person's business which involves the purchase and sale of cigarettes "cost to wholesaler" means the cost charged by the cigarette manufacturer, disregarding any manufacturer's discount or any discount under s. 139.32 (5), plus the amount of tax imposed under s. 139.31. Except for a sale at wholesale between wholesalers, a markup to cover a proportionate part of the cost of doing business shall be added to the cost to wholesaler. In the absence of proof of a lesser cost, this markup shall be 3% of the cost to wholesaler as set forth in this subd. 1. b.

AB75, s. 2071 Section 2071. 100.30 (2) (L) (intro.) of the statutes is amended to read:

AB75,1175,5 100.30 (2) (L) (intro.) "Wholesaler" includes every person holding a permit as a bonded direct marketer as defined in s. 139.30 (1d) or as a multiple retailer under s. 139.30 (8) and every person engaged in the business of making sales at wholesale, other than sales of motor vehicle fuel at wholesale, within this state except as follows:

AB75, s. 2072 Section 2072. 100.30 (2) (L) 2. of the statutes is amended to read:

AB75,1175,11 100.30 (2) (L) 2. In the case of a person holding a permit as a bonded direct marketer as defined in s. 139.30 (1d) or as a multiple retailer as defined in s. 139.30 (8), "wholesaler" applies to that portion of the person's business involving the purchase and sale of cigarettes and to any wholesale portion of that person's business.