AB75, s. 2044 12Section 2044. 98.16 (2) (bm) 2. of the statutes is created to read:
AB75,1164,1313 98.16 (2) (bm) 2. A description of the nature and location of the vehicle scale.
AB75, s. 2045 14Section 2045. 98.16 (2) (c) of the statutes is renumbered 98.16 (2) (cm) 2. and
15amended to read:
AB75,1164,2516 98.16 (2) (cm) 2. An applicant for a license under par. (a) shall pay a A license
17fee surcharge of $200 in addition to the license fee, if the department determines that
18within one year prior to submitting the license application the applicant operated a
19vehicle scale without a license as required by par. (a) (am). The license fee surcharge
20is $200, except that the department may establish a different surcharge by rule
21promulgated under sub. (4). The department may not issue a license under this
22subsection to an operator if the operator has failed to pay a license fee surcharge
23assessed against the operator
. Payment of the license fee surcharge does not relieve
24the applicant of any other civil or criminal liability for the operation of a vehicle scale
25without a license but shall not constitute evidence of violation of a law.
AB75, s. 2046
1Section 2046. 98.16 (2) (d) of the statutes is repealed.
AB75, s. 2047 2Section 2047. 98.16 (2m) of the statutes is created to read:
AB75,1165,83 98.16 (2m) Permit for scale installation or construction; variance. (a) No
4person may install or relocate a vehicle scale without a permit from the department.
5The department shall provide a permit application form for a person applying for a
6permit under this paragraph. An application for a permit under this paragraph shall
7be accompanied by a nonrefundable permit application fee in an amount established
8by the department by rule promulgated under sub. (4).
AB75,1165,199 (b) A person who installs or relocates a vehicle scale shall comply with
10construction, operation, and maintenance standards and procedures established by
11the department by rule under sub. (4), except that the department may grant a
12variance from a construction standard if the department determines that the
13variance is justified by special circumstances. The department may impose
14conditions on the variance, including alternative construction standards, if the
15department determines the conditions are necessary. The department shall provide
16a variance application form for a person applying for a variance under this
17paragraph. An application for a variance under this paragraph shall be accompanied
18by a nonrefundable variance application fee in an amount established by the
19department by rule promulgated under sub. (4).
AB75, s. 2048 20Section 2048. 98.16 (3) (intro.) of the statutes is renumbered 98.16 (4) and
21amended to read:
AB75,1166,322 98.16 (4) Rules. The department may shall promulgate rules to establish
23license fees under sub. (2) (b) and
to regulate the construction, operation, testing, and
24maintenance
of vehicle scales. The rules may include all of the following: The
25department may promulgate rules to adjust fees and surcharges under subs. (2) (cm)

11. and 2. and (2m) (a) and (b) and to impose a testing surcharge upon a vehicle scale
2operator if the operator fails to file a vehicle scale test report as required by a rule
3promulgated by the department under this subsection.
AB75, s. 2049 4Section 2049. 98.16 (3) (a) of the statutes is repealed.
AB75, s. 2050 5Section 2050. 98.16 (3) (b) of the statutes is repealed.
AB75, s. 2051 6Section 2051. 98.16 (3) (c) of the statutes is repealed.
AB75, s. 2052 7Section 2052. 98.16 (3m) (b) 1. of the statutes is created to read:
AB75,1166,98 98.16 (3m) (b) 1. Conduct the test and prepare a test report, according to rules
9promulgated by the department under sub. (4).
AB75, s. 2053 10Section 2053. 98.16 (3m) (b) 2. of the statutes is created to read:
AB75,1166,1311 98.16 (3m) (b) 2. Provide a copy of the test report to the operator of the vehicle
12scale and, if required by rules promulgated by the department under sub. (4), to other
13persons.
AB75, s. 2054 14Section 2054. 98.16 (3m) (c) of the statutes is created to read:
AB75,1166,2415 98.16 (3m) (c) An operator of a vehicle scale shall file with the department a
16copy of each test report prepared regarding the vehicle scale not more than 15 days
17after the operator receives the test report. If an operator fails to file a report as
18required in this paragraph, the department may assess a testing surcharge against
19the operator. The department may not issue a license under sub. (2) to an operator
20if the operator has failed to pay a testing surcharge assessed against the operator.
21If an operator fails to pay a testing surcharge assessed against the operator within
22120 days after the department assessed the surcharge, the department may revoke
23the operator's license to operate the vehicle scale for which the operator has been
24assessed the surcharge.
AB75, s. 2055 25Section 2055. 98.224 of the statutes is created to read:
AB75,1167,3
198.224 Vehicle tank meters. (1) Definition. In this section, "vehicle tank
2meter" means a commercial meter used to measure liquid fuel, as defined in s. 98.225
3(1).
AB75,1167,7 4(2) Operator licensed. (a) Except as provided in par. (e), no person may
5operate a vehicle tank meter without an annual license from the department. An
6annual license expires on October 31. A separate license is required for each vehicle
7tank meter. A license is not transferable between persons or vehicle tank meters.
AB75,1167,98 (b) To obtain a license under par. (a), a person shall submit an application on
9a form provided by the department. The application shall include all of the following:
AB75,1167,1110 1. The applicant's correct legal name and business address, and any trade name
11under which the applicant proposes to operate the vehicle tank meter.
AB75,1167,1412 2. A description of the vehicle tank meter, including the serial number or other
13identifying marks that appear on the meter and the vehicle on which the meter is
14mounted.
AB75,1167,1515 3. The fees and surcharges required under par. (c).
AB75,1167,1716 4. Other relevant information reasonably required by the department for
17licensing purposes.
AB75,1167,1918 (c) An application under par. (b) shall include all of the following fees and
19surcharges:
AB75,1167,2020 1. A license fee established by the department by rule.
AB75,1168,221 2. A surcharge established by the department by rule, if the department
22determines that within one year prior to submitting the application, the applicant
23operated the vehicle tank meter without a license required under par. (a). The
24department may not issue a license under this subsection to an operator if the

1operator has failed to pay a surcharge under this subdivision assessed against the
2operator.
AB75,1168,73 3. A surcharge established by department rule if the department determines
4that, within one year prior to submitting the application, the applicant failed to
5comply with the reporting requirement under sub. (3). The department may not
6issue a license under this subsection to an operator if the operator has failed to pay
7a surcharge under this subdivision assessed against the operator.
AB75,1168,88 4. Reinspection fees, if any, required under s. 98.255.
AB75,1168,119 (d) Payment of a surcharge under par. (c) 2. or 3. does not relieve the applicant
10of any other civil or criminal liability for a law violation, but is not evidence of a
11violation of this section.
AB75,1168,1412 (e) Paragraph (a) does not apply to an individual who operates a vehicle tank
13meter only as an employee of a person who is required to hold a license under par.
14(a) to operate that vehicle tank meter.
AB75,1168,19 15(3) Testing and reporting. The operator of a vehicle tank meter shall have the
16meter tested for accuracy at least annually by a person who is licensed under s. 98.18
17(1) to perform the testing. The operator, or the tester on behalf of the operator, shall
18report the results of each test to the department within 30 days after the testing is
19completed. The operator shall retain a test report for at least 3 years.
AB75,1168,21 20(4) Rules. (a) The department shall promulgate rules that establish all of the
21following:
AB75,1168,2222 1. License fee and surcharge amounts under sub. (2) (c).
AB75,1168,2423 2. Standards for the testing, reporting, and record keeping required under sub.
24(3).
AB75,1169,2
1(b) The department may promulgate rules that establish standards for the
2construction, operation, and maintenance of vehicle tank meters.
AB75, s. 2056 3Section 2056. 98.245 (4) (a) of the statutes is amended to read:
AB75,1169,114 98.245 (4) (a) When liquefied petroleum gas is sold or delivered to a consumer
5as a liquid and by liquid measurement the volume of liquid so sold and delivered shall
6be corrected to a temperature of 60 degrees Fahrenheit through use of an approved
7volume correction factor table, or through use of a meter that is equipped with a
8sealed automatic compensating mechanism and that is in compliance with sub. (7)
9has been tested as required under sub. (8). All sale tickets shall show the delivered
10gallons, the temperature at the time of delivery and the corrected gallonage, or shall
11state that temperature correction was automatically made.
AB75, s. 2057 12Section 2057. 98.245 (4) (b) of the statutes is amended to read:
AB75,1169,2313 98.245 (4) (b) When liquefied petroleum gas is sold or delivered to a consumer
14in vapor form by vapor measurement, the volume of vapor so sold and delivered shall
15be corrected to a temperature of 60 degrees Fahrenheit through the use of a meter
16that is equipped with a sealed automatic temperature compensating mechanism.
17This paragraph shall apply to all meters installed for use in the vapor measurement
18of liquefied petroleum gas in vapor form after May 24, 1978. This paragraph does
19not prohibit the continued use of meters previously installed without a self-sealing
20automatic temperature compensating mechanism, but no such meter may be
21continued in use after January 1, 1986, unless brought into compliance with this
22paragraph. Subsection (7) (8) does not apply to meters used to sell or deliver liquefied
23petroleum gas that are subject to this paragraph.
AB75, s. 2058 24Section 2058. 98.245 (6) (a) (intro.) of the statutes is amended to read:
AB75,1170,7
198.245 (6) (a) (intro.) No person may sell liquefied petroleum gas and deliver
2it by a vehicle equipped with a pump and meter unless the meter is equipped with
3a delivery ticket printer and is in compliance with sub. (7) has been tested as required
4under sub. (8)
. Except as provided in par. (b), the seller shall, at the time of delivery,
5either provide a copy of the delivery ticket printed by the delivery ticket printer to
6the purchaser or leave a copy at the place of delivery. The delivery ticket shall contain
7all of the following information:
AB75, s. 2059 8Section 2059. 98.245 (7) of the statutes is repealed.
AB75, s. 2060 9Section 2060. 98.245 (7m) of the statutes is created to read:
AB75,1170,1510 98.245 (7m) Meter operators licensed. (a) No person may operate a meter
11to determine the amount of liquefied petroleum gas sold or delivered under sub. (4)
12(a) unless the person holds an annual license from the department under this
13subsection. An annual license expires on November 30. A separate license is
14required for each liquefied petroleum gas meter. A license is not transferable
15between persons or meters.
AB75,1170,1716 (b) To obtain a license under par. (a), a person shall submit an application on
17a form provided by the department. The application shall include all of the following:
AB75,1170,1918 1. The applicant's correct legal name and business address, and any trade name
19under which the applicant proposes to operate the liquefied petroleum gas meter.
AB75,1170,2220 2. A description of the liquefied petroleum gas meter, including the serial
21number or other identifying marks that appear on the meter, and if applicable, the
22vehicle on which the meter is mounted.
AB75,1170,2323 3. The fees and surcharges required under par. (c).
AB75,1170,2524 4. Other relevant information reasonably required by the department for
25licensing purposes.
AB75,1171,1
1(c) An application under par. (b) shall include the following fees and surcharges:
AB75,1171,22 1. A license fee established by department rule.
AB75,1171,83 2. A surcharge established by department rule, if the department determines
4that, within one year prior to submitting the application, the applicant operated the
5liquefied petroleum gas meter without a license required under par. (a). The
6department may not issue a license under this subsection to an operator if the
7operator has failed to pay a surcharge under this subdivision assessed against the
8operator.
AB75,1171,139 3. A surcharge established by the department by rule if the department
10determines that, within one year prior to submitting the application, the applicant
11failed to comply with a test reporting requirement under sub. (8). The department
12may not issue a license under this subsection to an operator if the operator has failed
13to pay a surcharge under this subdivision assessed against the operator.
AB75,1171,1414 4. Reinspection fees, if any, required under s. 98.255.
AB75,1171,1715 (d) Payment of a surcharge under par. (c) 2. or 3. does not relieve the applicant
16of any other civil or criminal liability for a law violation, but is not evidence of a
17violation of this section.
AB75,1171,2018 (e) Paragraph (a) does not apply to an individual who operates a liquefied
19petroleum gas meter only as an employee of a person who is required to hold a license
20under par. (a) to operate that meter.
AB75, s. 2061 21Section 2061. 98.245 (8) of the statutes is created to read:
AB75,1172,222 98.245 (8) Testing and reporting. A person that is required to hold a license
23under sub. (7m) to operate a liquefied petroleum gas meter shall have the meter
24tested for accuracy, at least annually, by a person who is licensed under s. 98.18 (1)
25to perform the test. The meter operator, or the tester on behalf of the meter operator,

1shall report the results of each test to the department within 30 days after the testing
2is completed. The operator shall retain a record of each test for at least 3 years.
AB75, s. 2062 3Section 2062. 98.245 (9) of the statutes is created to read:
AB75,1172,54 98.245 (9) Rules. (a) The department shall promulgate rules that establish
5all of the following:
AB75,1172,66 1. License fee and surcharge amounts under sub. (7m) (c).
AB75,1172,87 2. Standards for the testing, reporting, and record keeping required under sub.
8(8).
AB75,1172,109 (b) The department may promulgate rules that establish standards for the
10construction, operation, and maintenance of liquefied petroleum gas meters.
AB75, s. 2063 11Section 2063. 98.25 (title) of the statutes is renumbered 98.16 (3m) (title) and
12amended to read:
AB75,1172,1313 98.16 (3m) (title) Vehicle scales: annual Annual testing.
AB75, s. 2064 14Section 2064. 98.25 (1) of the statutes is renumbered 98.16 (3m) (a) and
15amended to read:
AB75,1172,2316 98.16 (3m) (a) The owner or operator of a scale with a weighing capacity of
175,000 pounds or more used for the commercial weighing of commodities shall cause
18the scales to be tested and inspected at least annually for accuracy by an independent
19scale testing or service company in accordance with specifications, tolerances,
20standards and procedures established by the national institute of standards and
21technology and the department for the testing and examination of scales, using test
22weights approved by the department. The annual tests and inspections shall be at
23the expense of the owner or operator
a person licensed under s. 98.18 (1).
AB75, s. 2065 24Section 2065. 98.25 (2) of the statutes is renumbered 98.16 (3m) (b) (intro.)
25and amended to read:
AB75,1173,7
198.16 (3m) (b) (intro.) A scale testing or service company person conducting a
2test under sub. (1) par. (a) shall , at the time of testing and inspection, promptly
3furnish to the owner or operator of the scale a report showing the results of the test
4and inspection with an additional copy for the department. The owner and operator
5of a scale which is found to be inaccurate at the time of testing shall immediately
6withdraw the scale from further use until necessary corrections, adjustments or
7repairs are made and
do all of the following:
AB75,1173,15 8(d) If a test under this subsection shows that a vehicle scale is inaccurate, the
9scale may not be used until the inaccuracy is corrected and
the scale is determined
10to be accurate by the scale testing or service company. A copy of the report prepared
11by the scale testing or service company shall be filed with the department by the
12owner or operator of the scale within 15 days after the test and inspection has been
13completed. The department shall maintain a list open for public inspection of all
14scales tested and found to be accurate on the annual test
a subsequent test under this
15subsection
.
AB75, s. 2066 16Section 2066. 98.25 (3) of the statutes is renumbered 98.16 (3m) (e) and
17amended to read:
AB75,1173,2018 98.16 (3m) (e) No person may falsify a test or determination of the accuracy of
19a vehicle scale tested under sub. (1) or file with the department a false report of a test
20of a vehicle scale under sub. (1)
, test result, or test report under this subsection.
AB75, s. 2067 21Section 2067. 98.25 (4) of the statutes is renumbered 98.16 (3m) (f).
AB75, s. 2068 22Section 2068. 98.255 of the statutes is created to read:
AB75,1174,2 2398.255 Reinspection; fee. (1) If the department reinspects a weight or
24measure because the department has found a violation of this chapter or a rule

1promulgated under this chapter, the department may charge the operator of the
2weight or measure a reinspection fee.
AB75,1174,6 3(2) The department shall establish the amount of the reinspection fee under
4sub. (1) by rule and may establish different reinspection fees for different types of
5weights and measures. The amount of a reinspection fee for a weight or measure may
6not exceed the department's average cost to reinspect that type of weight or measure.
AB75,1174,10 7(3) A reinspection fee under sub. (1) is payable after the reinspection is
8completed and is due upon written demand from the department. The department
9may issue a demand for payment when it issues an annual license application form
10to the operator of the weighing or measuring device.
AB75, s. 2069 11Section 2069. 100.20 (1n) of the statutes is amended to read:
AB75,1174,1412 100.20 (1n) It is an unfair method of competition or an unfair trade practice
13for any person to sell cigarettes to consumers in this state in violation of s. 139.345
14or to sell tobacco products to consumers in this state in violation of s. 139.795.
AB75, s. 2070 15Section 2070. 100.30 (2) (c) 1. b. of the statutes is amended to read:
AB75,1174,2516 100.30 (2) (c) 1. b. For every person holding a permit as a bonded direct
17marketer as defined in s. 139.30 (1d),
as a distributor as defined in s. 139.30 (3), or
18as a multiple retailer as defined in s. 139.30 (8), with respect to that portion of the
19person's business which involves the purchase and sale of cigarettes "cost to
20wholesaler" means the cost charged by the cigarette manufacturer, disregarding any
21manufacturer's discount or any discount under s. 139.32 (5), plus the amount of tax
22imposed under s. 139.31. Except for a sale at wholesale between wholesalers, a
23markup to cover a proportionate part of the cost of doing business shall be added to
24the cost to wholesaler. In the absence of proof of a lesser cost, this markup shall be
253% of the cost to wholesaler as set forth in this subd. 1. b.
AB75, s. 2071
1Section 2071. 100.30 (2) (L) (intro.) of the statutes is amended to read:
AB75,1175,52 100.30 (2) (L) (intro.) "Wholesaler" includes every person holding a permit as
3a bonded direct marketer as defined in s. 139.30 (1d) or
as a multiple retailer under
4s. 139.30 (8) and every person engaged in the business of making sales at wholesale,
5other than sales of motor vehicle fuel at wholesale, within this state except as follows:
AB75, s. 2072 6Section 2072. 100.30 (2) (L) 2. of the statutes is amended to read:
AB75,1175,117 100.30 (2) (L) 2. In the case of a person holding a permit as a bonded direct
8marketer as defined in s. 139.30 (1d) or
as a multiple retailer as defined in s. 139.30
9(8), "wholesaler" applies to that portion of the person's business involving the
10purchase and sale of cigarettes and to any wholesale portion of that person's
11business.
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