100.45(4)(e)
(e) The person does not knowingly or negligently release ozone-depleting refrigerant to the environment, except for minimal releases that occur during efforts to recover or recycle ozone-depleting refrigerant removed from mobile air conditioners or trailer refrigeration equipment.
100.45(4)(f)
(f) The person inspects and, if necessary, repairs mobile air conditioners or trailer refrigeration equipment that leaks or is suspected of leaking before putting additional ozone-depleting refrigerant into those mobile air conditioners or trailer refrigeration equipment.
100.45(4)(h)
(h) The person holds an annual registration certificate from the department.
100.45(5)
(5) Department duties. The department shall do all of the following:
100.45(5)(a)
(a) Promulgate rules for the administration of this section including establishing all of the following:
100.45(5)(a)1.
1. A standard of purity for recycled refrigerant from mobile air conditioners that is based on recognized national industry standards.
100.45(5)(a)2.
2. Qualifications, which may include training or certification requirements, for individuals who use approved refrigerant recycling equipment or approved refrigerant recovery equipment to ensure that those individuals use procedures for containment of ozone-depleting refrigerant.
100.45(5)(a)3.
3. Fees to cover the costs of administering this section.
100.45(5)(b)
(b) Identify approved refrigerant recycling equipment and approved refrigerant recovery equipment or approve independent testing organizations that may identify approved refrigerant recycling equipment and approved refrigerant recovery equipment.
100.45(5)(c)
(c) Issue annual registration certificates to persons required to hold those certificates under
sub. (4) (h).
100.45(5e)
(5e) Department powers. The department may promulgate rules providing that any portion of
sub. (3) or
(4) applies with respect to a substance used as a substitute for an ozone-depleting refrigerant.
100.45(5m)
(5m) Surcharge for operating without registration. An applicant for an annual registration certificate under
sub. (5) (c) shall pay a registration fee surcharge of $160 if the department determines that, within one year before submitting the application, the applicant engaged in an activity for which a registration certificate is required under this section without holding a registration certificate. Payment of the registration fee surcharge does not relieve the applicant from any other civil liability that results from violations of this section, but does not constitute evidence of a violation of law.
100.45(6)(a)(a) Any person who violates
sub. (2) shall be required to forfeit $1,000. Each motor vehicle distributed in violation of
sub. (2) constitutes a violation.
100.45(6)(b)
(b) Any person who violates
sub. (3) shall be required to forfeit not less than $50 nor more than $1,000. Each sale in violation of
sub. (3) constitutes a violation.
100.45(6)(c)
(c) Any person who violates
sub. (4) shall be required to forfeit not less than $50 nor more than $1,000. Each repair, installation or servicing in violation of
sub. (4) constitutes a violation.
100.45 Cross-reference
Cross Reference: See also ch.
ATCP 136, Wis. adm. code.
100.46
100.46
Energy consuming products. 100.46(1)
(1)
Energy conservation standards. The department may by rule adopt energy conservation standards for products that have been established in or promulgated under
42 USC 6291 to
6309.
100.46(2)
(2) Prohibited acts; enforcement. No person may sell at retail, install or cause to be installed any product that is not in compliance with rules promulgated under
sub. (1). In addition to other penalties and enforcement procedures, the department may apply to a court for a temporary or permanent injunction restraining any person from violating a rule adopted under
sub. (1).
100.46 History
History: 1993 a. 414.
100.46 Note
Note: 1993 Wis. Act 414, which creates this section, contains extensive explanatory notes.
100.47
100.47
Sales of farm equipment. 100.47(1)
(1)
Definition. In this section, "farm equipment" means a tractor or other machinery used in the business of farming.
100.47(2)
(2) Safety equipment required. No person in the business of selling farm equipment may sell farm equipment unless, at the time of sale, the farm equipment is equipped with all of the following:
100.47(2)(a)
(a) A power takeoff master shield, if a tractor.
100.47(2)(b)
(b) A power takeoff driveline shield extending to the 2nd universal joint, if farm equipment powered by a tractor.
100.47(2)(c)
(c) Lights and reflectors meeting the applicable requirements under
ch. 347, if farm equipment that can be operated on a highway.
100.47(2)(d)
(d) A slow moving vehicle emblem meeting standards and specifications established under
s. 347.245, if farm equipment that can be operated on a highway.
100.47(3)
(3) Disclosure. If farm equipment subject to
sub. (2) (b) is equipped with a power takeoff shield that is not equivalent to the shield installed at the time of manufacture, the person who sells the farm equipment shall so notify the buyer in writing.
100.47(4)(a)
(a) Sales of farm equipment to another person in the business of selling farm equipment for the purpose of resale.
100.47(4)(b)
(b) Sales of farm equipment for the purpose of salvage.
100.47(4)(c)
(c) Sales by auction, unless the auctioneer holds title to the farm equipment being sold.
100.47(5)
(5) Penalty. Any person who violates this section may be required to forfeit not more than $500 for each violation.
100.47 History
History: 1993 a. 455;
1993 a. 491 s.
142; Stats. 1993 s. 100.47.
100.48
100.48
Hour meter tampering. 100.48(1)(a)
(a) "Farm equipment" means a tractor or other machinery used in the business of farming.
100.48(1)(b)
(b) "Hour meter" means an instrument on a piece of farm equipment that measures and records the actual hours of operation of the piece of farm equipment.
100.48(2)
(2) No person may, either personally or through an agent, remove, replace, disconnect, reset, tamper with, alter, or fail to connect, an hour meter with the intent to defraud by changing or affecting the number of hours of operation indicated on the hour meter.
100.48(3)(a)(a) Nothing in this section shall prevent the service, repair or replacement of an hour meter if the number of hours of operation indicated on the hour meter remains the same as before the service, repair or replacement. If an hour meter is incapable of registering the same number of hours of operation as before its service, repair or replacement, the hour meter shall be adjusted to read zero, and a sticker shall be affixed by the owner of the piece of farm equipment or an agent, in proximity to the hour meter, specifying the number of hours of operation recorded on the hour meter prior to its service, repair or replacement and the date on which it was serviced, repaired or replaced. No person who services, repairs or replaces an hour meter that is incapable of registering the same number of hours of operation as before such service, repair or replacement may fail to adjust the hour meter to read zero or fail to affix the sticker required by this paragraph.
100.48(3)(b)
(b) No person may, with intent to defraud, remove, replace or alter a sticker affixed to an hour meter as required under
par. (a).
100.48(4)(a)(a) Any person who violates
sub. (2) or
(3) (b) may be fined not more than $5,000 or imprisoned for not more than one year in the county jail, or both, for each violation.
100.48(4)(b)
(b) Any person who violates
sub. (3) (a) may be required to forfeit not more than $500 for each violation.
100.48 History
History: 1997 a. 278.
100.50
100.50
Products containing or made with ozone-depleting substances. 100.50(2)
(2) Product labeling. Beginning on August 1, 1994, no person may represent in advertising or on a label that any product that the person manufactures, packages, distributes or sells is "ozone friendly" or use any similar description that implies that the product does not contribute to the depletion of stratospheric ozone if the product contains or is made with a class I substance or a class II substance.
100.50(3)
(3) Sale of portable fire extinguishers. Beginning on August 1, 1994, no person may sell or offer to sell a portable fire extinguisher that contains a class I substance except for use by a commercial user.
100.50(4)
(4) Fire-extinguishing products. Beginning on January 1, 1995, a person may make, package, sell or offer to sell a fire-extinguishing product that contains a class I substance only if the class I substance has been recycled or reclaimed and, in the case of a sale or offer to sell, if sale of the product is not prohibited under
sub. (3).
100.50(5)
(5) Return to manufacturer. After the sale of a product is prohibited under
sub. (3) or
(4), a retailer that purchased the product from the manufacturer for resale before the date on which the prohibition takes effect may return the product to the manufacturer and the manufacturer shall refund the purchase price to the retailer.
100.50(6)(a)(a) Any person who violates
sub. (2),
(3) or
(4) shall be required to forfeit not less than $250 nor more than $1,000. Each day on which a person sells or offers to sell in violation of one of those provisions constitutes a separate offense.
100.50(6)(am)
(am) If a court imposes a forfeiture under
par. (a) on a person for a violation of
sub. (2),
(3) or
(4), the court may order the person to accept the return of the product that is the subject of the violation and to refund the purchase price to the purchaser of that product.
100.50(6)(b)
(b) In lieu of or in addition to the remedy under
par. (a), the department may seek an injunction restraining any person from violating this section.
100.50(6)(c)
(c) The department, or any district attorney upon the request of the department, may commence an action in the name of the state under
par. (a) or
(b).
100.50 History
History: 1993 a. 243;
1995 a. 27.
100.51
100.51
Motor fuel dealerships. 100.51(1)
(1)
Definitions. As used in this section:
100.51(1)(c)
(c) "Designated family member" means the spouse or child of a motor fuel dealer who has been designated in the most recent motor fuel dealership agreement with the motor fuel grantor as the successor to ownership of the motor fuel dealership and who either inherits ownership of the motor fuel dealership by will or intestate succession or who, in the case of the legal incapacity of the dealer, is appointed by a court as guardian for the motor fuel dealership.
100.51(2)
(2) Survivorship provisions required. Every motor fuel dealership agreement entered into, renewed or extended on or after December 1, 1987, shall contain all of the following provisions:
100.51(2)(a)
(a) Any designated family member may succeed to the ownership of the motor fuel dealership if all of the following conditions are met:
100.51(2)(a)1.
1. The designated family member gives the motor fuel grantor written notice of the intention to succeed to ownership of the motor fuel dealership within 60 days after the motor fuel dealer's death or legal incapacity.
100.51(2)(a)2.
2. Upon request of the motor fuel grantor, the designated family member provides personal and financial information reasonably necessary to determine under
par. (b) whether the succession should be honored.
100.51(2)(a)3.
3. The designated family member agrees to be bound by all terms and conditions of the existing motor fuel dealership agreement.
100.51(2)(a)4.
4. There does not exist good cause under
par. (b) for refusing to honor the succession.
100.51(2)(b)
(b) Good cause exists for refusing to honor a succession if a designated family member does not meet existing reasonable standards of the motor fuel grantor. The motor fuel grantor's existing reasonable standards may include requirements directly related to a person's management and technical skills, training and commercial experience, credit worthiness and other requirements directly related to a person's ability to operate the motor fuel dealership.
100.51(2)(c)
(c) If a motor fuel grantor believes in good faith, after requesting information under
par. (a) 2., that good cause exists for refusing to honor succession of the motor fuel dealership by a designated family member, the motor fuel grantor may, within 90 days after receipt of the information, give notice complying with
par. (d) to the designated family member.
100.51(2)(d)
(d) The notice under
par. (c) shall be in writing and shall include all of the following:
100.51(2)(d)1.
1. A statement of the motor fuel grantor's refusal to honor succession and of the specific grounds constituting good cause for the refusal.
100.51(2)(d)2.
2. A statement of the motor fuel grantor's intent to terminate the existing motor fuel dealership agreement with the designated family member on a date not sooner than 90 days after the date the notice is given.
100.51(2)(e)
(e) Except as provided in
par. (f), if the notice under
par. (c) is not given within the time period specified in
par. (c), the motor fuel grantor may not terminate the existing motor fuel dealership agreement with the designated family member under this section and may only terminate the existing motor fuel dealership agreement as otherwise permitted by law.
100.51(2)(f)
(f) Notwithstanding
pars. (b) to
(d) and
ss. 135.03 and
135.04, the motor fuel grantor may terminate the existing motor fuel dealership agreement with the designated family member if, in the 12 months following receipt of the notice under
par. (a) 1., the volume of motor fuel sold by the motor fuel dealership is less than 90% of the average annual volume of motor fuel sold by the motor fuel dealership in the 3 years preceding receipt of the notice under
par. (a) 1., and the motor fuel grantor, within 15 months following receipt of the notice under
par. (a) 1., gives notice in writing to the designated family member which includes all of the following:
100.51(2)(f)1.
1. A statement of the motor fuel grantor's intent to terminate the existing motor fuel dealership agreement with the designated family member on a date not sooner than 90 days after the date the notice is given.
100.51(2)(f)2.
2. A statement of the specific reasons for termination.
100.51(3)
(3) Enforcement of survivorship rights. 100.51(3)(a)(a) The department on behalf of the state or any person who claims injury as a result of a violation of
sub. (2) may bring an action for temporary or permanent injunctive relief in any circuit court. It is no defense to an action under this paragraph that an adequate remedy exists at law.
100.51(3)(b)
(b) In any proceeding to determine whether good cause exists under
sub. (2) (b), a motor fuel grantor has the burden of proving that the designated family member does not meet the motor fuel grantor's existing, reasonable standards.
100.51(4)(a)(a) No motor fuel grantor may require a motor fuel dealer, who has a dealership with the motor fuel grantor on May 17, 1988, to keep his or her business open for more than 16 hours per day.
