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.
AB75, s. 2073
12Section
2073. 100.45 (1) (dm) of the statutes is amended to read:
AB75,1175,2113
100.45
(1) (dm) "State agency" means any office, department, agency,
14institution of higher education, association, society or other body in state
15government created or authorized to be created by the constitution or any law which
16is entitled to expend moneys appropriated by law, including the legislature and the
17courts, the Wisconsin Housing and Economic Development Authority, the Bradley
18Center Sports and Entertainment Corporation, the University of Wisconsin
19Hospitals and Clinics Authority, the Wisconsin Health and Educational Facilities
20Authority, the Wisconsin Aerospace Authority,
the Wisconsin Quality Home Care
21Authority, and the Fox River Navigational System Authority.
AB75, s. 2074
22Section
2074. 100.51 (5) (b) 1. of the statutes is amended to read:
AB75,1176,223
100.51
(5) (b) 1. The motor vehicle displays
a special registration
plates plate 24issued under s. 341.14 (1), (1a), (1m), (1q) or (1r) (a) or a special identification card
25issued under s. 343.51 or is a motor vehicle registered in another jurisdiction and
1displays a registration plate, card or emblem issued by the other jurisdiction that
2designates that the vehicle is used by a physically disabled person.
AB75, s. 2075
3Section
2075. 101.055 (8) (cm) of the statutes is created to read:
AB75,1176,104
101.055
(8) (cm) If the division of equal rights finds no probable cause to believe
5that a violation of par. (ar) has occurred, the division shall dismiss the complaint.
6If the division of equal rights dismisses the complaint, the order of dismissal is the
7final determination of the division, which may be appealed under par. (d). The
8division of equal rights shall, by a notice to be served with the determination, notify
9the parties of the complainant's right to appeal the dismissal of the complaint to the
10circuit court under par. (d).
AB75, s. 2076
11Section
2076. 101.123 (1) (a) of the statutes is renumbered 101.123 (1) (ae).
AB75, s. 2077
12Section
2077. 101.123 (1) (ab) of the statutes is created to read:
AB75,1176,1513
101.123
(1) (ab) "Assisted living facility" means a community-based
14residential facility, as defined in s. 50.01 (1g), a residential care apartment complex,
15as defined in s. 50.01 (1d), or an adult family home, as defined in s. 50.01 (1) (b).
AB75, s. 2078
16Section
2078. 101.123 (1) (ac) of the statutes is created to read:
AB75,1176,1717
101.123
(1) (ac) "Correctional facility" means any of the following:
AB75,1176,2118
1. A state prison, as defined or named in s. 302.01, except a correctional
19institution under s. 301.046 (1) or 301.048 (4) (b) if the institution is the prisoner's
20place of residence and no one is employed there to ensure the prisoner's
21incarceration.
AB75,1177,222
2. A juvenile detention facility, as defined in s. 938.02 (10r), or a juvenile
23correctional facility, as defined in s. 938.02 (10p), except a juvenile correctional
24facility authorized under s. 938.533 (3) (b), 938.538 (4) (b), or 938.539 (5) if the facility
1is a private residence in which the juvenile is placed and no one is employed there
2to ensure that the juvenile remains in custody.
AB75,1177,53
3. A jail, as defined in s. 165.85 (2) (bg), a Huber facility under s. 303.09, a work
4camp under s. 303.10, a reforestation camp under s. 303.07, or a lockup facility under
5s. 302.30.
AB75, s. 2079
6Section
2079. 101.123 (1) (aj) of the statutes is created to read:
AB75,1177,97
101.123
(1) (aj) Notwithstanding s. 101.01 (5), "employment" means any trade,
8occupation, or process of manufacture or any method of carrying on such trade,
9occupation, or process of manufacture in which any person may be engaged.
AB75, s. 2080
10Section
2080. 101.123 (1) (ak) of the statutes is created to read:
AB75,1177,1211
101.123
(1) (ak) "Enclosed place" means a structure or area that has all of the
12following:
AB75,1177,1313
1. A roof or overhead covering.
AB75,1177,1514
2. Two or more substantial walls, regardless of whether the walls are removed
15and replaced on a temporary basis.
AB75, s. 2081
16Section
2081. 101.123 (1) (am) of the statutes is repealed.
AB75, s. 2082
17Section
2082. 101.123 (1) (ar) of the statutes is amended to read:
AB75,1177,2218
101.123
(1) (ar) "Immediate vicinity of the state capitol" means the area
19directly adjacent to the state capitol building, as determined by rule of the
20department of administration. "Immediate vicinity of the state capitol" does not
21include any location that is more than
one fathom
six feet from the state capitol
22building.
AB75, s. 2083
23Section
2083. 101.123 (1) (b) of the statutes is amended to read:
AB75,1178,324
101.123
(1) (b) "Inpatient health care facility" means
a hospital, as defined in
25s. 50.33 (2), a county home established under s. 49.70, a county infirmary established
1under s. 49.72
or a community-based residential facility or, a nursing home
licensed
2under s. 50.03, as defined in s. 50.01 (3), a hospice, as defined in s. 50.90 (1), a
3Wisconsin veteran's home under s. 45.50, or a treatment facility.
AB75, s. 2084
4Section
2084. 101.123 (1) (bg) of the statutes is repealed.
AB75, s. 2085
5Section
2085. 101.123 (1) (bm) of the statutes is repealed.
AB75, s. 2086
6Section
2086. 101.123 (1) (bn) of the statutes is created to read:
AB75,1178,77
101.123
(1) (bn) "Lodging establishment" means any of the following:
AB75,1178,88
1. A bed and breakfast establishment, as defined in s. 254.61 (1).
AB75,1178,99
2. A hotel, as defined in s. 254.61 (3).
AB75,1178,1010
3. A tourist rooming house, as defined in s. 254.61 (6).
AB75, s. 2087
11Section
2087. 101.123 (1) (br) of the statutes is repealed.
AB75, s. 2088
12Section
2088. 101.123 (1) (c) of the statutes is repealed.
AB75, s. 2089
13Section
2089. 101.123 (1) (d) of the statutes is amended to read:
AB75,1178,1714
101.123
(1) (d) "Person in charge" means the person
, or his or her agent, who
15ultimately controls, governs or directs the activities aboard a public conveyance or
16within a place at a location where smoking is
prohibited or regulated under this
17section
, regardless of the person's status as owner or lessee.
AB75, s. 2090
18Section
2090. 101.123 (1) (dg) of the statutes is repealed.
AB75, s. 2091
19Section
2091. 101.123 (1) (dj) of the statutes is created to read:
AB75,1178,2420
101.123
(1) (dj) Notwithstanding s. 101.01 (11), "place of employment" means
21any enclosed place that employees normally frequent during the course of
22employment, including an office, a work area, an elevator, an employee lounge, a
23restroom, a conference room, a meeting room, a classroom, a hallway, a stairway, a
24lobby, a common area, a vehicle, or an employee cafeteria.
AB75, s. 2092
25Section
2092. 101.123 (1) (dm) of the statutes is renumbered 77.51 (11m).
AB75, s. 2093
1Section
2093. 101.123 (1) (dn) of the statutes is created to read:
AB75,1179,42
101.123
(1) (dn) "Private club" means a facility used by an organization that
3limits its membership and is organized for a recreational, fraternal, social, patriotic,
4political, benevolent, or athletic purpose.
AB75, s. 2094
5Section
2094. 101.123 (1) (e) of the statutes is amended to read:
AB75,1179,106
101.123
(1) (e) "Public conveyance" means
a mass transit
vehicles vehicle as
7defined
by in s. 340.01 (28m)
and, a school
buses bus as defined
by in s. 340.01 (56)
,
8or any other device by which persons are transported, for hire, on a highway or by
9rail, water, air, or guidewire within this state, but does not include such a device
10while providing transportation in interstate commerce.
AB75, s. 2095
11Section
2095. 101.123 (1) (eg) of the statutes is created to read:
AB75,1179,1412
101.123
(1) (eg) "Public place" means any enclosed place that is open to the
13public, regardless of whether a fee is charged or a place to which the public has lawful
14access or may be invited.
AB75, s. 2096
15Section
2096. 101.123 (1) (f) of the statutes is amended to read:
AB75,1179,1716
101.123
(1) (f) "Restaurant" means an establishment
as defined in s. 254.61 (5)
17with a seating capacity of more than 50 persons.
AB75, s. 2097
18Section
2097. 101.123 (1) (g) of the statutes is amended to read:
AB75,1179,2219
101.123
(1) (g) "Retail establishment" means any store or shop in which retail
20sales is the principal business conducted
, except a tavern operating under a "Class
21B" intoxicating liquor license or Class "B" fermented malt beverages license, and 22except bowling centers.
AB75, s. 2098
23Section
2098. 101.123 (1) (gm) of the statutes is repealed.
AB75, s. 2099
24Section
2099. 101.123 (1) (h) of the statutes is renumbered 101.123 (1) (h)
25(intro.) and amended to read:
AB75,1180,2
1101.123
(1) (h) (intro.) "Smoking" means
carrying a lighted burning or holding,
2or inhaling or exhaling smoke from, any of the following items containing tobacco:
AB75,1180,3
31. A lighted cigar
,.
AB75,1180,4
42. A lighted cigarette
,.
AB75,1180,5
53. A lighted pipe
or any.