AB100: Bill Text

AB100,1105,25 94.73 (6) (d) If the corrective action is related to a discharge that occurred in the course of transporting an agricultural chemical, the reimbursement under par. (b) this subsection is limited to 75% 80% of the corrective action costs that exceed $7,500 for a person required to be licensed under ss. 94.64 to 94.71 or that exceed $3,000 for any other person $3,000 but that do not exceed $50,000.

AB100, s. 2539 Section 2539. 94.73 (6) (e) of the statutes is repealed.

AB100, s. 2540 Section 2540. 94.73 (7) of the statutes is repealed and recreated to read:

AB100,1106,10 94.73 (7) Payment. (a) The department may make payments to a responsible person who is eligible for reimbursement under sub. (3) if the department has authorized reimbursement to that person under sub. (6). The department shall make payment from the appropriation accounts under s. 20.115 (7) (e) and (i), subject to the availability of funds in those appropriation accounts. If there are insufficient funds to pay the full amounts authorized under sub. (6) to all eligible responsible persons, the department shall distribute payments in the order in which applications were received, unless the department specifies, by rule, a different order of payment.

AB100,1106,15 (b) The department may promulgate rules specifying the procedure by which, and the order in which, it will distribute payments under par. (a). The department may establish distribution priorities or formulas based on the severity of contamination, the time elapsed since corrective action costs were incurred or other factors that the department considers appropriate.

AB100, s. 2541 Section 2541. 94.73 (8) of the statutes is amended to read:

AB100,1106,22 94.73 (8) Subrogation. The department is entitled to the right of subrogation for the reimbursement of corrective action costs to the extent that a responsible person who receives reimbursement of corrective action costs may recover the costs from a 3rd party. The amounts collected by the department under this subsection shall be deposited in the agrichemical management fund credited to the appropriation account under s. 20.115 (7) (i).

AB100, s. 2542 Section 2542. 94.73 (13) of the statutes is amended to read:

AB100,1107,2 94.73 (13) Penalty. Any person who violates an order issued by the department under this section or an order issued or rule promulgated under this section shall forfeit not less than $10 nor more than $5,000 for each violation. Each day of continued violation is a separate offense.

AB100, s. 2543 Section 2543. 94.73 (15) of the statutes is created to read:

AB100,1107,11 94.73 (15) Surcharge adjustments. The department may, by rule, reduce any of the surcharges in ss. 94.64 (3r) (b) and (4) (a) 5., 94.681 (3), 94.685 (3) (a) 2., 94.703 (3) (a) 2. and 94.704 (3) (a) 2. below the amounts specified in those provisions. The department shall adjust surcharge amounts as necessary to maintain a balance in the appropriation account under s. 20.115 (7) (i) at the end of each fiscal year of at least $2,000,000 but not more than $5,000,000, but may not increase a surcharge amount over the amount specified in s. 94.64 (3r) (b) or (4) (a) 5., 94.681 (3), 94.685 (3) (a) 2., 94.703 (3) (a) 2. or 94.704 (3) (a) 2.

AB100, s. 2544 Section 2544. 95.72 (2) (c) 5. of the statutes is amended to read:

AB100,1107,14 95.72 (2) (c) 5. A Subject to ss. 93.13 and 93.135, a person may renew a license by submitting the required license fee and renewal form.

AB100, s. 2545 Section 2545. 97.29 (3) (cm) 1. of the statutes is amended to read:

AB100,1107,18 97.29 (3) (cm) 1. For a food processing plant that has an annual production of $25,000 or more but less than $250,000 and that is engaged in processing potentially hazardous food or in canning, the reinspection fee is $80.

AB100, s. 2546 Section 2546. 97.29 (3) (cm) 3. of the statutes is amended to read:

AB100,1107,22 97.29 (3) (cm) 3. For a food processing plant that has an annual production of $25,000 or more but less than $250,000 and that is not engaged in processing potentially hazardous food or in canning, the reinspection fee is $50.

AB100, s. 2547 Section 2547. 97.29 (3) (cm) 5. of the statutes is created to read:

AB100,1107,25 97.29 (3) (cm) 5. For a food processing plant that has an annual production of less than $25,000, the reinspection fee is $40.

AB100, s. 2548 Section 2548. 97.30 (3m) (a) 3. of the statutes is amended to read:

AB100,1108,6 97.30 (3m) (a) 3. Beginning with the license year that ends on June 30, 1995, an An annual weights and measures inspection fee of $45, except that this fee does not apply to a retail food establishment that is located in a municipality that has established a municipal department of weights and measures under s. 98.04 (1) for the purpose of enforcement of the provisions of ch. 98.

AB100, s. 2549 Section 2549. 97.30 (3m) (b) 3. of the statutes is amended to read:

AB100,1108,12 97.30 (3m) (b) 3. Beginning with the license year that ends on June 30, 1995, an An annual weights and measures inspection fee of $100, except that this fee does not apply to a retail food establishment that is located in a municipality that has established a municipal department of weights and measures under s. 98.04 (1) for the purpose of enforcement of the provisions of ch. 98.

AB100, s. 2550 Section 2550. 97.30 (3m) (c) 3. of the statutes is amended to read:

AB100,1108,18 97.30 (3m) (c) 3. Beginning with the license year that ends on June 30, 1995, an An annual weights and measures inspection fee of $25, except that this fee does not apply to a retail food establishment that is located in a municipality that has established a municipal department of weights and measures under s. 98.04 (1) for the purpose of enforcement of the provisions of ch. 98.

AB100, s. 2551 Section 2551. 98.16 (2) (a) 1. of the statutes is amended to read:

AB100,1109,2 98.16 (2) (a) 1. Except as provided in subd. 2., a person may not operate a vehicle scale without a 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 December March 31 annually. The department shall provide a license application form for persons applying for a license. The form may require information reasonably required by the department for licensing purposes. A license application shall be accompanied by applicable fees under pars. (b) and (c).

AB100, s. 2552 Section 2552. 98.16 (2) (b) of the statutes is amended to read:

AB100,1109,5 98.16 (2) (b) The fee for a license under par. (a) is $30 $60, except that the department may establish a different fee by rule.

AB100, s. 2553 Section 2553. 98.16 (2) (c) of the statutes is amended to read:

AB100,1109,13 98.16 (2) (c) An applicant for a license under par. (a) shall pay a license fee surcharge of $30 $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). 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.

AB100, s. 2554 Section 2554. 98.18 (1) (title) of the statutes is amended to read:

AB100,1109,15 98.18 (1) (title) License required.

AB100, s. 2555 Section 2555. 98.18 (1) (a) 1. of the statutes is renumbered 98.18 (1) (a) and amended to read:

AB100,1109,22 98.18 (1) (a) Except as provided in subd. 2., a person may not par. (bm), no person may engage in the business of installing, servicing, testing or calibrating weights and measures without a license from the department. A license expires on December 31 annually. The department shall provide a license application for persons applying for a license.

AB100,1110,3 (1d) (title) License application. The form may require information An applicant for a license issued under sub. (1) (a) shall apply on a form provided by the department. The applicant shall provide on the form information that is reasonably required by the department for licensing purposes. A issuing licenses under this section. The license application shall be accompanied by the applicable fees under pars. (b) and (c) subs. (1h) and (1p).

AB100, s. 2556 Section 2556. 98.18 (1) (a) 2. (intro.) of the statutes is renumbered 98.18 (1) (bm) (intro.) and amended to read:

AB100,1110,7 98.18 (1) (bm) (intro.) Subdivision 1. Paragraph (a) does not apply to any of the following:

AB100, s. 2557 Section 2557. 98.18 (1) (a) 2. a. of the statutes is renumbered 98.18 (1) (bm) 1. and amended to read:

AB100,1110,12 98.18 (1) (bm) 1. A person who installs, services, tests or calibrates weights and measures only as an employe of a person who is required under this paragraph par. (a) to hold a license to perform those services.

AB100, s. 2558 Section 2558. 98.18 (1) (a) 2. b. of the statutes is renumbered 98.18 (1) (bm) 2.

AB100, s. 2559 Section 2559. 98.18 (1) (b) of the statutes is repealed.

AB100, s. 2560 Section 2560. 98.18 (1) (c) of the statutes is renumbered 98.18 (1p) and amended to read:

AB100,1111,2 98.18 (1p) (title) Surcharge for operating without a license. An applicant for a license under par. sub. (1) (a) shall pay a license fee surcharge of $100 $200 in addition to the license fee if the department determines that within one year prior to submitting the license before making the application the applicant engaged in the business of installing, servicing, testing or calibrating weights and measures without a license as required by par. violated sub. (1) (a). Payment of the license fee this surcharge does not relieve the applicant of any other civil or criminal liability that may result from the unlicensed activity but shall the applicant may incur because of the violation of sub. (1) (a), but does not constitute evidence of violation of a law.

AB100, s. 2561 Section 2561. 98.18 (1) (d) of the statutes is renumbered 98.18 (1t) and amended to read:

AB100,1111,10 98.18 (1t) (title) License contingent on fee payment. The department shall may not issue or renew a license under par. sub. (1) (a) unless the applicant pays all fees required under pars. (b) and (c) subs. (1h) and (1p) as set forth in a statement issued by the department. The department shall refund a fee paid under protest if the department determines that the fee was not required to be paid under this section.

AB100, s. 2562 Section 2562. 98.18 (1h) of the statutes is created to read:

AB100,1111,13 98.18 (1h) License fees. Unless the department establishes different fees by rule, the following annual license fees shall apply:

AB100,1111,16 (a) If the applicant solely engages in installing, servicing, testing or calibrating weights and measures that the applicant owns, the applicant for a license under sub. (1) (a) shall pay a license fee in the amount of $100.

AB100,1111,18 (b) If the applicant installs, services, tests or calibrates weights or measures for others, the applicant for a license under sub. (1) (a) shall pay all of the following:

AB100,1111,19 1. A basic license fee of $200.

AB100,1111,21 2. A supplementary license fee of $50 for each additional business location if the applicant operates from more than one business location.

AB100, s. 2563 Section 2563. 98.18 (2) of the statutes is amended to read:

AB100,1112,2 98.18 (2) Rules. The department may promulgate rules to establish license fees under sub. (1) (b) (1h) and to regulate the installation, servicing, testing and certification of weights and measures. The rules may include record-keeping and reporting requirements.

AB100, s. 2564 Section 2564. 98.245 (4) (a) of the statutes is amended to read:

AB100,1112,11 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 an approved a meter with that is equipped with a sealed automatic compensating mechanism and that is in compliance with sub. (7). 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.

AB100, s. 2565 Section 2565. 98.245 (4) (b) of the statutes is amended to read:

AB100,1112,23 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 an approved 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) does not apply to meters used to sell or deliver liquefied petroleum gas that are subject to this paragraph.

AB100, s. 2566 Section 2566. 98.245 (6) (title) of the statutes is repealed and recreated to read:

AB100,1113,1 98.245 (6) (title) Pumps and meters.

AB100, s. 2567 Section 2567. 98.245 (6) (a) (intro.) of the statutes is amended to read:

AB100,1113,9 98.245 (6) (a) (intro.) No person may sell liquefied petroleum gas and deliver it by a vehicle equipped with a pump and metering device meter unless the pump and metering device meter is equipped with a delivery ticket printer and is in compliance with sub. (7). 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:

AB100, s. 2568 Section 2568. 98.245 (7) of the statutes is created to read:

AB100,1113,11 98.245 (7) Meters; testing; fees. (a) In this subsection:

AB100,1113,12 1. "Applicable standards" means all of the following:

AB100,1113,15 a. The standards, specifications, regulations and tolerances that are specified under s. 98.03 or that are promulgated as rules under s. 98.03 and that apply to liquefied petroleum gas.

AB100,1113,16 b. The standards promulgated as rules under par. (k).

AB100,1113,19 2. "Seller" means a person who sells liquefied petroleum gas and who operates a meter to measure the amount of liquefied petroleum gas that the person delivers or sells.

AB100,1113,24 (b) A seller shall have the seller's meter inspected and tested at least once every 365 days for accuracy, at the seller's expense, by an independent meter testing or service company. The meter testing or service company shall conduct the inspection and testing using the applicable standards and shall determine whether the meter meets the applicable standards.

AB100,1114,4 (c) A meter testing or service company that inspects and tests a meter under par. (b) in this state shall promptly prepare and furnish a written report to the seller for whom the company performed the inspection and testing. The report shall include all of the following:

AB100,1114,6 1. The name and address of the seller for whom the meter testing or service company performed the inspection and testing.

AB100,1114,7 2. The date of the inspection and testing.

AB100,1114,9 3. Information identifying the meter, including its brand name and serial number.

AB100,1114,11 4. If the meter is mounted on a vehicle, the vehicle identification number, as defined in s. 340.01 (23r), or the number used by the seller to identify the vehicle.

AB100,1114,13 5. The condition of the meter as found by the meter testing or service company, including whether the meter complies with the applicable standards.

AB100,1114,15 6. The condition of the meter as left by the meter testing or service company, including whether the meter complies with the applicable standards.

AB100,1114,18 (d) The meter testing or service company shall file with the department a copy of the report under par. (c) within 30 days after the company completes the inspection and testing.

AB100,1114,24 (e) A meter testing or service company that inspects and tests meters under par. (b) shall pay to the department, by April 1 annually, a fee of $20 for each meter for which the company has filed one or more reports under par. (d) during the preceding year. By February 15 annually, the department shall bill each meter testing or service company the amount that the company is required to pay under this paragraph for the preceding year.

AB100,1115,5 (f) A person preparing a report or receiving a copy of a report under par. (c) shall keep it for at least 3 years after the report is prepared and shall make the report or the copy available to the department for inspection and copying upon the department's request. No person may falsify any report required under par. (c) or a copy of such a report.

AB100,1115,7 (g) 1. The department may inspect and test any meter that is used to measure an amount of liquefied petroleum gas that is delivered or sold.

AB100,1115,10 2. A seller shall pay to the department a fee of $150 if the seller's meter fails the inspection and testing under subd. 1. because the amount of liquefied petroleum gas that is delivered is less than the meter indicates.

AB100,1115,13 3. A seller shall pay to the department a fee of $150 if the seller's meter has not been inspected and tested as required under par. (b) within 365 days before the date of the inspection and testing under subd. 1.

AB100,1115,17 (h) 1. If a meter fails inspection and testing under par. (g) 2., the department may reinspect and retest the meter. Except as provided in subd. 2., the seller shall pay a reinspection fee of $250 if, at the time of reinspection and retesting, the amount of liquefied petroleum gas that is delivered is less than the meter indicates.

AB100,1115,21 2. Notwithstanding the fee under subd. 1., if the department reinspects and retests the meter more than 180 days after the inspection and testing conducted by the department under par. (g), the seller shall pay a fee of only $150 and only if the amount of liquefied petroleum gas that is delivered is less than the meter indicates.

AB100,1116,2 (i) A seller shall pay a fee required under par. (g) or (h) after the department completes the inspection and testing. The fee is due when the seller receives a written demand from the department. The department may issue the written demand no later than the February 1 following December 31 of the year in which the inspection and testing were conducted.

AB100,1116,4 (j) The payment of a fee under par. (g) or (h) does not relieve a seller of any liability under s. 98.26 but does not constitute evidence of any violation of law.

AB100,1116,5 (k) The department may promulgate rules to do any of the following:

AB100,1116,7 1. Establish standards for the construction, installation and maintenance of liquefied petroleum gas meters.