AB742,4,16 1678.90 Definitions. In this subchapter:
AB742,4,17 17(1) "Department" means the department of revenue.
AB742,4,18 18(2) "Fuel products" has the meaning given in s. 168.01 (3).
AB742, s. 8 19Section 8. 78.93 of the statutes is created to read:
AB742,5,2 2078.93 Required records. Every person receiving fuel products in this state
21shall keep books and records of all fuel products so received, together with bills of
22lading, waybills, and other pertinent documents. Such books and records and other
23papers and documents shall, at all times during business hours of the day, be subject
24to inspection by the department in regard to the fee under s. 78.91 (1). Such books,
25records, and other papers and documents shall be preserved for not less than 4 years,

1unless the department, and the department of commerce under s. 168.13, in writing,
2authorize their destruction or disposal at an earlier date.
AB742, s. 9 3Section 9. 78.94 of the statutes is created to read:
AB742,5,11 478.94 Access to records. Every agent or employee of any railroad company
5or other transportation company and every person transporting fuel products having
6the custody of books or records showing the shipment or receipt of fuel products shall
7give and permit the department free access to such books and records for the purpose
8of determining the amount of fuel products shipped and received. All clerks,
9bookkeepers, express agents, railroad agents or officials, employees, or common
10carriers, or other persons shall provide all information in their possession when so
11requested in tracing and finding such shipments.
AB742, s. 10 12Section 10. 98.246 (title), (1) and (2) of the statutes are amended to read:
AB742,5,14 1398.246 (title) Petroleum Fuel product sales. (1) In this section, "petroleum
14fuel products" has the meaning given under s. 168.03 168.01 (3).
AB742,5,17 15(2) Petroleum Fuel products may not be sold from a terminal or storage facility
16in this state on any basis other than gross volume without correction for
17temperature.
AB742, s. 11 18Section 11. 101.02 (18m) of the statutes is amended to read:
AB742,6,219 101.02 (18m) The department may perform, or contract for the performance
20of, testing of petroleum fuel products other than testing provided under ch. 168. The
21department may establish a schedule of fees for such petroleum fuel product testing
22services. The department shall credit all revenues received from fees established
23under this subsection to the appropriation account under s. 20.143 (3) (ga). Revenues
24from fees established under this subsection may be used by the department to pay

1for testing costs, including laboratory supplies and equipment amortization, for such
2products.
AB742, s. 12 3Section 12. 168.01 (2) of the statutes is renumbered 78.90 (3) and amended
4to read:
AB742,6,185 78.90 (3) "Supplier" includes a person who imports, or acquires immediately
6upon import, petroleum fuel products by pipeline or marine vessel from a state,
7territory, or possession of the United States or from a foreign country into a terminal
8and who is registered under 26 USC 4101 for tax-free transactions in gasoline.
9"Supplier" also includes a person who produces in this state; or imports into a
10terminal or bulk plant; or acquires immediately upon import by truck, railcar, or
11barge into a terminal; alcohol or alcohol derivative products. "Supplier" also includes
12a person who produces, manufactures or refines petroleum fuel products in this
13state. "Supplier" also includes a person who acquires petroleum fuel products
14pursuant to an industry terminal exchange agreement or by a 2-party exchange
15under section 4105 of the Internal Revenue Code. "Supplier" does not include a retail
16dealer or wholesaler who merely blends alcohol with gasoline before the sale or
17distribution of the product and does not include a terminal operator who merely
18handles in a terminal petroleum fuel products consigned to the terminal operator.
AB742, s. 13 19Section 13. 168.02 of the statutes is renumbered 168.01 (4) and amended to
20read:
AB742,6,2221 168.01 (4) Inspector defined. "Inspector" means a duly authorized petroleum
22fuel products inspector of the department.
AB742, s. 14 23Section 14. 168.03 of the statutes is renumbered 168.01 (3) and amended to
24read:
AB742,7,2
1168.01 (3) Petroleum products defined. "Petroleum "Fuel products" means
2gasoline, gasoline-alcohol fuel blends, kerosene, fuel oil, burner oil, and diesel fuel.
Note: Substitutes the term "fuel products" for "petroleum products" to better
describe the products covered under applicable laws administered by the Department of
Commerce and the Department of Revenue.
AB742, s. 15 3Section 15. 168.04 (3) of the statutes is amended to read:
AB742,7,104 168.04 (3) Except as otherwise provided in this section, rules promulgated
5under this section shall be in conformity with nationally recognized standards,
6specifications, and classifications, such as those published by the American Society
7for Testing and Materials
ASTM International, the Society of Automotive Engineers,
8and the U.S. Environmental Protection Agency. The department may not
9promulgate or enforce a rule prohibiting the placement of additional product
10information on the dispensing device.
AB742, s. 16 11Section 16. 168.05 (title) of the statutes is amended to read:
AB742,7,12 12168.05 (title) Inspection of petroleum fuel products.
AB742, s. 17 13Section 17. 168.05 (1) of the statutes is amended to read:
AB742,7,2314 168.05 (1) No petroleum fuel product imported into and received in this state
15or received from a manufacturer or refiner or from a marine or pipeline terminal
16within this state may be unloaded from its original container except as provided
17under sub. (5), sold, offered for sale, or used until a true sample of not less than 8
18ounces is taken as provided in this chapter. This subsection does not apply if the
19department has previously inspected the petroleum fuel product at the refinery,
20marine or pipeline terminal. Each person importing or receiving a petroleum fuel
21product which that has not been previously inspected shall notify the inspector in the
22person's district of the receipt thereof, and the inspector shall take a sample of the
23petroleum product.

Note: Clarifies that an inspector is not required to take a sample of every fuel
product that is received in this state.
AB742, s. 18 1Section 18. 168.05 (2) of the statutes is amended to read:
AB742,8,92 168.05 (2) If such petroleum fuel product is received on a regular business day
3between the hours of 7:45 a.m. and 4:30 p.m., such notice shall be given forthwith
4upon receipt of such petroleum fuel product. If received at any other time, such notice
5shall be given between the next succeeding hours of 7:45 a.m. and 10 a.m. of a regular
6business day. Provided, except that, if any petroleum fuel product is received on
7Saturday, Sunday, or any legal holiday, designated in s. 995.20, such notice shall be
8given on the next following regular business day between the hours of 7:45 a.m. and
910 a.m.
AB742, s. 19 10Section 19. 168.05 (3) of the statutes is amended to read:
AB742,9,211 168.05 (3) If the inspector does not, upon proper notice, after a reasonable
12length of time, take such sample, the recipient of such petroleum fuel product may,
13in the presence of a disinterested witness, open such the original container and take
14a true sample of not less than 8 ounces of the contents thereof. Such of the original
15container. The
sample shall be immediately placed in a clean container which that
16is in compliance with s. 168.11 (2) and (3) and tightly closed. The recipient shall
17record upon a label attached to such the container the means of conveyance, the type
18of original container, the product name and quantity of the contents thereof of the
19container
, and such other information as the department reasonably requires for the
20proper identification of such the shipment. Such The sample thus taken shall be held
21for delivery, upon demand, to the inspector. After such the sample is taken such
22petroleum the fuel product may be unloaded, sold, offered for sale, or used the same

1as if sampled by the inspector. The inspector or the recipient may discard the sample
27 or more business days after the day on which the sample was taken.
Note: Clarifies that an inspector or a recipient may discard a fuel product sample
7 or more business days after the day on which the sample was taken.
AB742, s. 20 3Section 20. 168.05 (4) of the statutes is amended to read:
AB742,9,114 168.05 (4) For the purpose of this section, the following department shall
5constitute determine what constitutes a reasonable length of time in which an
6inspector shall may take the a sample herein required: If notice is properly given to
7an inspector before the hour of 11:45 a.m., the inspector shall take such sample before
8the hour of 4:30 p.m. of the day; if notice is properly given between the hours of 11:45
9a.m. and 4:30 p.m., such sample shall be taken before the hour of 11:45 a.m. of the
10next following regular business day. Saturdays, Sundays, and legal holidays,
11designated in s. 995.20, shall not be considered regular business days
.
Note: Authorizes the Department of Commerce to determine what constitutes a
reasonable length of time in which an inspector may take a fuel product sample,
eliminating the current requirement that a sample be taken during a specified time.
AB742, s. 21 12Section 21. 168.05 (5) of the statutes is amended to read:
AB742,9,1913 168.05 (5) The department may permit a recipient to unload such petroleum
14the fuel product prior to inspection if the recipient submits an application setting
15forth good and sufficient reasons, and
complies with requirements of sub. (3). The
16recipient
may unload ships or boats without inspection if an emergency is declared
17by the U.S. coast guard. A recipient must notify the department as required by sub.
18(2) and the department shall revoke permission granted under this subsection if the
19recipient violates sub. (2).
Note: Eliminates the requirement that a recipient of fuel products submit an
application to the Department of Commerce if the recipient wants to unload fuel products
before inspection.
AB742, s. 22 20Section 22. 168.05 (6) of the statutes is created to read:
AB742,10,2
1168.05 (6) This section does not apply to fuel products that are used in this state
2but that are not sold or offered for sale in this state.
Note: Clarifies that the fuel products inspection requirements do not apply to fuel
products that are used in this state but that are not sold or offered for sale in this state.
AB742, s. 23 3Section 23. 168.06 (1) of the statutes is amended to read:
AB742,10,164 168.06 (1) For the purposes of administering this chapter, inspectors may take
5samples of gasoline gasoline-alcohol fuel blends, kerosene, other refined oils, fuel
6oils and petroleum distillates products for tests and make inspections at any points
7within or without this state, and may open any original container containing
8gasoline, gasoline-alcohol fuel blends, kerosene, other refined oils, fuel oils and
9petroleum distillates
products and take a true sample of not less than 8 ounces of the
10contents thereof, even though the original containers may still be in the possession
11of a common or contract carrier, provided the opening and sampling does not unduly
12inconvenience or hamper the transportation of the fuel products. After the original
13containers are opened and sampled the same, the inspector shall be resealed reseal
14the containers
with seals furnished by the department for such purposes. The
15authority conferred by this section shall be in addition to, and not in limitation of,
16any of the provisions of s. 168.05.
AB742, s. 24 17Section 24. 168.06 (2) of the statutes is amended to read:
AB742,10,2318 168.06 (2) If any petroleum fuel product is emptied or transferred into any
19container in which is contained containing any other grade of petroleum fuel product,
20then the entire commingling shall be deemed considered uninspected and a sample
21of such the commingled petroleum product fuel products shall be taken before such
22the commingled petroleum product is fuel products are removed from such the
23container, sold, offered for sale, or used.
AB742, s. 25
1Section 25. 168.06 (3) of the statutes is amended to read:
AB742,11,112 168.06 (3) Notice of such the commingling of any petroleum fuel products shall
3be given in the same manner and subject to the same conditions as notice of the
4receipts of petroleum fuel products as provided in s. 168.05. The sample of such the
5commingled petroleum fuel products shall be taken by the inspector within a
6reasonable length of time, as defined and set forth provided in s. 168.05, after notice.
7If such the inspector does not take such the sample within such that time, the
8commingler shall take a true sample of not less than 8 ounces of the commingled
9petroleum fuel products. The taking, sealing, and holding of such the sample by the
10commingler shall, so far as applicable, be governed by the provisions of s. 168.05
11relating to the same by a person receiving a petroleum fuel product.
AB742, s. 26 12Section 26. 168.07 (1) of the statutes is amended to read:
AB742,12,613 168.07 (1) The inspector shall may inspect each sample samples of petroleum
14product and if the inspector finds that it meets fuel products to determine whether
15the samples meet
the minimum specifications prescribed by the department, the
16inspector shall issue an inspection certificate, except that inspections for particular
17grade specifications shall be at the discretion of
. The inspector shall determine
18whether the samples meet grade specifications after
the department tests the
19samples
. If an inspector believes that a fuel product has been misidentified, an
20inspection shall be performed. If the inspector finds that the petroleum fuel product
21does not meet the minimum specifications prescribed by the department, the
22inspector shall notify the person for whom the inspection was made. After such
23notice, no person may sell or use the fuel product in this state or remove it from
24storage as long as it fails to meet the minimum specifications prescribed by the
25department or until satisfactory disposition is approved by the inspector. Any

1transporter, wholesaler, or distributor of petroleum fuel products who delivers or
2causes to be delivered a petroleum fuel product that fails to meet the minimum
3specifications prescribed by the department shall, at the direction of the department,
4remove the petroleum fuel product and dispose of it in a manner approved by the
5department. The department may contract for the performance of testing conducted
6under this subsection.
Note: Authorizes, rather than requires, an inspector to inspect fuel products to
determine whether the samples meet minimum Department of Commerce specifications
and eliminates the requirement that an inspector issue an inspection certificate.
AB742, s. 27 7Section 27. 168.07 (2) of the statutes is amended to read:
AB742,12,118 168.07 (2) Inspections under sub. (1) shall be conducted, so far as applicable,
9in accordance with the methods outlined in the latest revision of the ASTM
10International Annual Book of Standards of the American Society for Testing and
11Materials
.
AB742, s. 28 12Section 28. 168.08 (intro.) of the statutes is amended to read:
AB742,12,14 13168.08 Records. (intro.) The department shall keep a record of each
14inspection made, showing all of the following:
AB742, s. 29 15Section 29. 168.09 of the statutes is amended to read:
AB742,12,21 16168.09 Authority to enter. Any inspector may enter in or upon the premises
17of any manufacturer, distributor, vendor, dealer, or user of gasoline, gasoline-alcohol
18fuel blends, kerosene, other refined oils, fuel oils and petroleum distillates,
fuel
19products
during regular business hours to determine whether any petroleum fuel
20product intended for sale or use has not been sampled and inspected in accordance
21with this chapter.
Note: Authorizes an inspector to enter the premises of a "distributor" of fuel
products, in addition to a manufacturer, vendor, dealer, or user of fuel products.
AB742, s. 30 22Section 30. 168.10 of the statutes is amended to read:
AB742,13,14
1168.10 Access to records. Every agent or employee of any railroad company
2or other transportation company and every person transporting gasoline,
3gasoline-alcohol fuel blends, kerosene, other refined oils, fuel oils and petroleum
4distillates
fuel products, having the custody of books or records showing the
5shipment or receipt of gasoline, gasoline-alcohol fuel blends, kerosene, or other
6refined oils, fuel oils and petroleum distillates
fuel products, shall give and permit
7the department and the inspectors; and, in regard to the fee under s. 168.12 (1), shall
8give and permit the department of revenue;
an inspector free access to such books
9and records for the purpose of determining the amount of petroleum fuel products
10shipped and received. All clerks, bookkeepers, express agents, railroad agents or
11officials, employees, or common carriers, or other persons shall provide the
12department and the inspectors; and, in regard to the fee under s. 168.12 (1), shall
13provide the department of revenue;
all information in their possession when so
14requested in tracing, finding, sampling, and inspecting such shipments.
AB742, s. 31 15Section 31. 168.11 (1) (a) of the statutes is amended to read:
AB742,13,2116 168.11 (1) (a) Except as provided in par. (b), all devices used to draw petroleum
17fuel products from storage containers at filling stations motor fuel dispensing
18facilities
, garages, or other places where petroleum fuel products are sold or offered
19for sale shall be marked or labeled in a conspicuous place and in a conspicuous
20manner with the name and the grades grade, and octane rating if any, of the
21petroleum fuel product being dispensed.
Note: Requires the octane reading of a fuel product to be marked or labeled in a
conspicuous place, in addition to the name and grade of the fuel product.
AB742, s. 32 22Section 32. 168.11 (1) (b) 3. of the statutes is amended to read:
AB742,14,5
1168.11 (1) (b) 3. A label under this paragraph shall be on the front or side each
2face
of the upper half of the dispensing device and shall be conspicuous and legible
3to a customer when viewed from the driver's seat of a motor vehicle that is located
4within 6 feet of the dispensing device. The device may also be marked or labeled with
5any product grade specifications prescribed under s. 168.04.
AB742, s. 33 6Section 33. 168.11 (2) (intro.) of the statutes is amended to read:
AB742,14,197 168.11 (2) (intro.) No person may deliver, place, receive, or store in any visible
8portable container any gasoline; any fuel product of petroleum, regardless of name,
9meeting the gasoline specifications prescribed by the department under s. 168.04; or
10any fuel product of petroleum commonly or commercially used as a fuel in a
11spark-ignition internal combustion engine or turbine engine or as a fuel for any
12appliance or device if such the fuel product of petroleum has a flash point of less than
13100° F. 100 degrees Fahrenheit when tested in the Tagliabue using either an ASTM
14D 6450 or ASTM D 56
closed cup tester, unless the container is constructed of sound
15metal or of equally sound nonflammable material meeting the requirements of rules
16promulgated by
the department's flammable and combustible liquids code
17department; is substantially a bright red color; and has the common name of the
18product contents clearly labeled or painted on it. These requirements do not apply
19to any of the following:
Note: Revises the testing method for determining the flash point of a fuel product.
See also Sections 38 and 39 of the bill.
AB742, s. 34 20Section 34. 168.11 (2) (a) of the statutes is amended to read:
AB742,14,2221 168.11 (2) (a) The fuel supply tank permanently connected to an internal
22combustion engine; or turbine engine.
AB742, s. 35 23Section 35. 168.11 (2) (b) of the statutes is amended to read:
AB742,15,2
1168.11 (2) (b) The fuel supply tank which that is structurally a part of any
2appliance or device consuming the fuel;.
AB742, s. 36 3Section 36. 168.11 (2) (c) of the statutes is amended to read:
AB742,15,64 168.11 (2) (c) The first use of any container of one gallon or less originally filled
5by a manufacturer or packager when the container complies with the packaging and
6labeling requirements of the federal government and its agencies; or.
AB742, s. 37 7Section 37. 168.11 (2) (d) of the statutes is amended to read:
AB742,15,108 168.11 (2) (d) Containers Stationary tanks of 275 110 gallons capacity or more.
9This provision paragraph does not exempt such containers tanks from the
10identification requirements specified in rules promulgated by the department.
Note: For consistency with federal guidelines, revises the exemptions for
delivering, placing, or storing fuel products in containers. The bill exempts tanks of 110
gallons or greater capacity; current law exempts containers of 275 gallons or greater
capacity.
AB742, s. 38 11Section 38 . 168.11 (3) of the statutes is amended to read:
AB742,15,1712 168.11 (3) Except for containers referred to in sub. (2) (a), (b), and (c), no person
13may deliver, place, receive, or store any kerosene, diesel fuel or burner oil, or a like
14fuel product of petroleum which that has a flash point of 100° F. 100 degrees
15Fahrenheit
or more when tested in the Tagliabue using either an ASTM D 6450 or
16ASTM D 56
closed cup tester, in any visible portable container which that is in any
17manner colored red.
AB742, s. 39 18Section 39 . 168.11 (4) of the statutes is amended to read:
AB742,16,519 168.11 (4) No person may use interchangeably any pipeline, hose, pump, or
20metering device to dispense gasoline, or a like fuel product of petroleum which that
21has a flash point of less than 100° F. 100 degrees Fahrenheit when tested in the
22Tagliabue
using either an ASTM D 6450 or ASTM D 56 closed cup tester, and to
23dispense kerosene, diesel fuel or burner fuel oils, or a like fuel product of petroleum

1which that has a flash point of 100° F. 100 degrees Fahrenheit or more when tested
2in the Tagliabue using either an ASTM D 6450 or ASTM D 56 closed cup tester, unless
3the pipeline, hose, pump, or metering device has been sufficiently flushed and
4cleaned before the interchanged use to eliminate any contamination of products due
5to the interchanged use.
AB742, s. 40 6Section 40. 168.12 (title) of the statutes is renumbered 78.91 (title) and
7amended to read:
AB742,16,8 878.91 (title) Fees for oil fuel product inspection.
AB742, s. 41 9Section 41. 168.12 (1) of the statutes is renumbered 78.91 (1) and amended
10to read:
AB742,16,1811 78.91 (1) Except as provided in subs. (1g) (2) and (1r) (3), there is imposed a
12petroleum fuel product inspection fee at the rate of 2 cents per gallon on all petroleum
13fuel products that are received by a supplier for sale in this state or for sale for export
14to this state. The department of revenue shall determine when a petroleum fuel
15product is received under this subsection in the same manner that it determines
16under s. 78.07 when motor vehicle fuel is received. The fee shall be paid under s.
17168.125 78.92 and shall be based on the number of gallons reported under s. 168.125
1878.92.
AB742, s. 42 19Section 42. 168.12 (1g) of the statutes is renumbered 78.91 (2) and amended
20to read:
AB742,16,2421 78.91 (2) The fee under sub. (1) is not imposed on petroleum fuel products that
22are shipped from storage at a refinery, marine terminal, pipeline terminal, pipeline
23tank farm, or place of manufacture to a person for storage at another refinery, marine
24terminal, pipeline terminal, pipeline tank farm, or place of manufacture.
AB742, s. 43
1Section 43. 168.12 (1r) of the statutes is renumbered 78.91 (3) and amended
2to read:
AB742,17,43 78.91 (3) The fee under sub. (1) is not imposed on petroleum fuel products
4exported from this state by a person who is licensed under sub. (7) (6) or s. 78.09.
AB742, s. 44 5Section 44. 168.12 (5) of the statutes is renumbered 78.91 (4) and amended
6to read:
AB742,17,107 78.91 (4) No fee may be charged on a commingled or blended petroleum fuel
8product when such commingling or blending is approved by the inspector
9department of commerce as a satisfactory means of disposing of contaminated or
10substandard products.
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