AB75: Bill Text

AB75, s. 2032 Section 2032. 95.69 (4) (b) of the statutes is created to read:

AB75,1159,2 95.69 (4) (b) 1. If the department reinspects an animal dealer operation because the department has found a violation of this chapter or rules promulgated under this chapter, the department shall charge the animal dealer the reinspection fee specified under subd. 2.

AB75,1159,6 2. The department shall specify the reinspection fee to be charged under subd. 1. by rule. The reinspection fee may not exceed the reasonable costs to reinspect the animal dealer operation. The department may specify different reinspection fees for different animal dealer operations.

AB75,1159,10 3. A reinspection fee under this paragraph is payable when the reinspection is completed, and is due upon written demand from the department. The department may issue a demand for payment when it issues a license renewal application form to the animal dealer.

AB75, s. 2033 Section 2033. 95.69 (8) of the statutes is amended to read:

AB75,1159,18 95.69 (8) Rules. The department may promulgate rules to specify license fees under sub. (4) or to regulate animal dealers, including rules related to animal dealer qualifications, construction and maintenance of animal transport vehicles, identification of animal transport vehicles, disease sanitation, humane treatment of animals, identification of animals, record keeping, reports to the department and compliance with applicable financial security requirements under state or federal law.

AB75, s. 2034 Section 2034. 95.71 (5) of the statutes is amended to read:

AB75,1159,24 95.71 (5) Fees License fee; registration fee; reinspection fee. (a) Unless the The department specifies different fees shall, by rule, an applicant for an animal trucker license shall pay a specify the fee in an amount equal to $20 plus $5 for each animal transport vehicle registered with the applicant's for an animal trucker license application under sub. (3) issued under this section.

AB75,1160,6 (b) The department shall, by rule, specify the fee to be paid for each animal transport vehicle registered under sub. (4). If during any license year an animal trucker registers an animal transport vehicle that was not registered with the animal trucker's annual license application under sub. (3), the animal trucker shall, pay the fee required under this paragraph at the time of the additional registration, pay a registration fee of $5 for each animal transport vehicle registered.

AB75, s. 2035 Section 2035. 95.71 (5) (c) of the statutes is created to read:

AB75,1160,11 95.71 (5) (c) 1. If the department reinspects an animal trucker operation because the department has found a violation of this chapter or rules promulgated under this chapter, the department shall charge the animal trucker the reinspection fee specified under subd. 2.

AB75,1160,15 2. The department shall specify the reinspection fee to be charged under subd. 1. by rule. The reinspection fee may not exceed the reasonable costs to reinspect the animal trucker operation. The department may specify different reinspection fees for different animal trucker operations.

AB75,1160,19 3. A reinspection fee under this paragraph is payable when the reinspection is completed, and is due upon written demand from the department. The department may issue a demand for payment when it issues a license renewal application form to the animal trucker.

AB75, s. 2036 Section 2036. 95.71 (8) of the statutes is amended to read:

AB75,1161,2 95.71 (8) Rules. The department may promulgate rules to specify license fees under sub. (5) or to regulate animal truckers, including rules related to animal trucker qualifications, construction and maintenance of animal transport vehicles, identification of animal transport vehicles, disease sanitation, humane treatment of animals, identification of animals, record keeping, reports to the department and compliance with applicable financial security requirements under state or federal law.

AB75, s. 2037 Section 2037. 95.85 of the statutes is created to read:

AB75,1161,4 95.85 Animal slaughter assessment. (1) Definitions. In this section:

AB75,1161,5 (a) "Calves" means bovine animals that are not more than 6 months of age.

AB75,1161,6 (b) "Cattle" means bovine animals that are more than 6 months of age.

AB75,1161,8 (c) "Establishment" means a plant where cattle, calves, swine, or poultry are slaughtered for commercial sale for human consumption.

AB75,1161,12 (2) Assessment. For each animal of a kind specified in this subsection that is slaughtered in an establishment, the person operating the establishment shall pay to the department an assessment equal to the following, except as provided under sub. (6):

AB75,1161,13 (a) Fourteen cents for swine.

AB75,1161,14 (b) Fourteen cents for cattle.

AB75,1161,15 (c) Ten cents for calves.

AB75,1161,16 (d) One cent for poultry.

AB75,1161,20 (3) Reporting and payment. (a) A person operating an establishment shall submit to the department the quarterly report described in par. (b) and quarterly payment of the assessment under sub. (2) according to the following schedule, except as provided under sub. (6):

AB75,1161,21 1. For January to March, by April 30.

AB75,1161,22 2. For April to June, by July 31.

AB75,1161,23 3. For July to September, by October 31.

AB75,1161,24 4. For October to December, by January 31.

AB75,1162,5 (b) A person operating an establishment shall submit a quarterly report that identifies the number of each type of animal described in sub. (2) slaughtered in the establishment in the previous quarter. The department may require additional information relevant to the assessment. The department shall keep confidential the information submitted under this subsection.

AB75,1162,13 (c) A person who submits a quarterly report and payment of the assessment after the due date shall pay the department, in addition to the assessment, a surcharge equal to 1 percent of the assessment due for each month or fraction of a month that the payment is late. A person who submits a quarterly report that understates the number of animals slaughtered in an establishment and submits payment based on the inaccurate report shall pay the department a surcharge equal to 1 percent of the amount of the underpayment for each month or fraction of a month that the payment is late.

AB75,1162,21 (4) License contingent on payment of assessment. The department may not issue or renew a license related to the slaughter of animals for any establishment until the operator of the establishment pays any assessments and surcharges that are due under this section. The department shall refund an assessment or surcharge paid under protest if the department determines that the assessment or surcharge was not due as a condition of licensing under this subsection. If an assessment or surcharge is paid by check, a license issued in reliance upon that check is void if the check is not honored.

AB75,1162,25 (5) Inspection of records. The department may inspect, during regular business hours, any records that relate to this section. The department shall keep confidential any information obtained under this subsection concerning the number of animals slaughtered in an establishment.

AB75,1163,3 (6) Rules. The department may promulgate rules for the administration of this section, including rules that modify the amount of the assessment under sub. (2) and rules that modify the schedule for reporting and payment under sub. (3) (a).

AB75,1163,6 (7) Penalty. A person who submits a report under sub. (3) that understates the number of animals slaughtered in an establishment may be required to forfeit not less than $500 nor more than $1,000 for each inaccurate report.

AB75, s. 2038 Section 2038. 98.16 (title) of the statutes is amended to read:

AB75,1163,9 98.16 (title) Licensing of vehicle Vehicle scale operators; scale installation and testing.

AB75, s. 2039 Section 2039. 98.16 (2) (title) of the statutes is amended to read:

AB75,1163,11 98.16 (2) (title) License for operator.

AB75, s. 2040 Section 2040. 98.16 (2) (a) 1. of the statutes is renumbered 98.16 (2) (am) and amended to read:

AB75,1163,17 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.

AB75,1163,19 (bm) The department shall provide a license application form for persons applying for a license. The form may shall require all of the following:

AB75,1163,21 3. Other information reasonably required by the department for licensing purposes.

AB75,1163,23 (cm) A license application shall be accompanied by applicable fees under pars. (b) and (c). all of the following fees and surcharges:

AB75, s. 2041 Section 2041. 98.16 (2) (a) 2. of the statutes is renumbered 98.16 (2) (dm) and amended to read:

AB75,1164,3 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.

AB75, s. 2042 Section 2042. 98.16 (2) (b) of the statutes is renumbered 98.16 (2) (cm) 1. and amended to read:

AB75,1164,8 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).

AB75, s. 2043 Section 2043. 98.16 (2) (bm) 1. of the statutes is created to read:

AB75,1164,11 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.

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).