January 12, 2016 - Introduced by Law Revision Committee. Referred to Committee
on Rules.
AB676,1,12 1An Act to repeal 94.701 (4) (a) 1.; to renumber 94.701 (4) (a) 2.; and to amend
215.137 (1) (a) 4., 15.137 (1) (a) 9., 20.115 (1) (h), 71.07 (5j) (a) 2d., 71.07 (5j) (a)
32m., 71.28 (5j) (a) 2d., 71.28 (5j) (a) 2m., 71.47 (5j) (a) 2d., 71.47 (5j) (a) 2m., 93.18
4(5), 100.60 (1) (a), 100.60 (1) (b) 2., 100.60 (1) (c) 2., 100.60 (7), 167.35 (3) (a) 1.,
5168.04 (3), 168.07 (2), 168.14 (2m) (b) 3., 168.14 (2m) (c) 3., 185.99 (6), 299.11
6(8) (d) and 346.45 (1) (d) of the statutes; relating to: Agricultural Producer
7Security Council members, expenses for inspection and certification of grain,
8the American Society for Testing and Materials, service of process for the
9Department of Agriculture, Trade and Consumer Protection, eliminating a
10reporting requirement for local ordinances relating to pesticides, and making
11an appropriation (suggested as remedial legislation by the Department of
12Agriculture, Trade and Consumer Protection).
Analysis by the Legislative Reference Bureau
This bill updates the names of two organizations that must be represented as
members of the Agricultural Producer Security Council in the Department of

Agriculture, Trade and Consumer Protection. The bill updates Wisconsin
Agri-Service Association, Inc. to Wisconsin Agri-Business Association, Inc., and
updates Wisconsin Federation of Cooperatives to Cooperative Network.
The bill also makes changes to an appropriation to DATCP regarding moneys
received for the inspection and certification of grain received in or shipped from the
port of Milwaukee, the port of Superior, or other locations in the state. The bill
removes the port of Milwaukee and other locations in the state from this
appropriation.
In addition, this bill allows service of process from DATCP to be made by
registered mail to the address that the party provided to DATCP or the Department
of Financial Institutions, which is the department responsible for filing business
organization documents. Under current law, service may be made by registered mail
to the address that the party provided to DATCP or the secretary of state.
The bill also updates the name of the American Society for Testing and
Materials to ASTM International. Under current law, standards set by that
organization are used in relation to designating certain fuels as diesel-replacement
and gas-replacement renewable fuels, to offering fuel pump tax credits for certain
renewable fuels, to inspecting gasoline and other petroleum products, to advertising
fuel as biodiesel, to testing cigarettes for compliance with fire safety performance
standards, to registering laboratories to perform tests in connection with certain
programs, and to determining certain cargo tank motor vehicle that must stop before
crossing railroad tracks.
Finally, this bill eliminates the requirement under current law that a city,
village, town, or county, no later than March 1, 1994, provide DATCP with a copy of
any ordinance relating to pesticides that was enacted prior to December 29, 1993.
For further information, see the Notes provided by the Law Revision
Committee of the Joint Legislative Council.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
Law Revision Committee prefatory note: This bill is a remedial legislation
proposal, requested by the Department of Agriculture, Trade and Consumer Protection
and introduced by the Law Revision Committee under s. 13.83 (1) (c) 4. and 5., stats. After
careful consideration of the various provisions of the bill, the Law Revision Committee
has determined that this bill makes minor substantive changes in the statutes, and that
these changes are desirable as a matter of public policy.
AB676,1 1Section 1. 15.137 (1) (a) 4. of the statutes is amended to read:
AB676,2,32 15.137 (1) (a) 4. One person representing the Wisconsin Agri-Service
3Agri-Business Association, Inc.
Note: Changes the name of the Wisconsin Agri-Service Association, Inc. to
Wisconsin Agri-Business Association, Inc.
AB676,2
1Section 2 . 15.137 (1) (a) 9. of the statutes is amended to read:
AB676,3,32 15.137 (1) (a) 9. One person representing the Wisconsin Federation of
3Cooperatives
Cooperative Network.
AB676,3 4Section 3 . 20.115 (1) (h) of the statutes is amended to read:
AB676,3,95 20.115 (1) (h) Grain inspection and certification. All moneys received for the
6inspection and certification of grain received in or shipped from the port of
7Milwaukee,
the port of Superior or other locations in this state under s. 93.06 (1m)
8and all moneys transferred under s. 16.56, for the expenses of inspecting and
9certifying grain under s. 93.06 (1m).
Note: Under current law, the Department of Agriculture, Trade and Consumer
Protection has authority to provide official grain inspection and certification services in
the port of Superior. Section 3 removes references to department inspection and
certification of grain received in or shipped from the port of Milwaukee and all other
locations.
AB676,4 10Section 4 . 71.07 (5j) (a) 2d. of the statutes, as affected by 2015 Wisconsin Act
1155
, is amended to read:
AB676,3,1612 71.07 (5j) (a) 2d. "Diesel replacement renewable fuel" includes biodiesel and
13any other fuel derived from a renewable resource that meets all of the applicable
14requirements of the American Society for Testing and Materials ASTM International
15for that fuel and that the department of agriculture, trade and consumer protection
16designates by rule as a diesel replacement renewable fuel.
AB676,5 17Section 5. 71.07 (5j) (a) 2m. of the statutes, as affected by 2015 Wisconsin Act
1855
, is amended to read:
AB676,4,219 71.07 (5j) (a) 2m. "Gasoline replacement renewable fuel" includes ethanol and
20any other fuel derived from a renewable resource that meets all of the applicable
21requirements of the American Society for Testing and Materials ASTM International

1for that fuel and that the department of agriculture, trade and consumer protection
2designates by rule as a gasoline replacement renewable fuel.
AB676,6 3Section 6. 71.28 (5j) (a) 2d. of the statutes, as affected by 2015 Wisconsin Act
455
, is amended to read:
AB676,4,95 71.28 (5j) (a) 2d. "Diesel replacement renewable fuel" includes biodiesel and
6any other fuel derived from a renewable resource that meets all of the applicable
7requirements of the American Society for Testing and Materials ASTM International
8for that fuel and that the department of agriculture, trade and consumer protection
9designates by rule as a diesel replacement renewable fuel.
AB676,7 10Section 7. 71.28 (5j) (a) 2m. of the statutes, as affected by 2015 Wisconsin Act
1155
, is amended to read:
AB676,4,1612 71.28 (5j) (a) 2m. "Gasoline replacement renewable fuel" includes ethanol and
13any other fuel derived from a renewable resource that meets all of the applicable
14requirements of the American Society for Testing and Materials ASTM International
15for that fuel and that the department of agriculture, trade and consumer protection
16designates by rule as a gasoline replacement renewable fuel.
AB676,8 17Section 8. 71.47 (5j) (a) 2d. of the statutes is amended to read:
AB676,4,2218 71.47 (5j) (a) 2d. "Diesel replacement renewable fuel" includes biodiesel and
19any other fuel derived from a renewable resource that meets all of the applicable
20requirements of the American Society for Testing and Materials ASTM International
21for that fuel and that the department of safety and professional services designates
22by rule as a diesel replacement renewable fuel.
AB676,9 23Section 9 . 71.47 (5j) (a) 2m. of the statutes is amended to read:
AB676,5,324 71.47 (5j) (a) 2m. "Gasoline replacement renewable fuel" includes ethanol and
25any other fuel derived from a renewable resource that meets all of the applicable

1requirements of the American Society for Testing and Materials ASTM International
2for that fuel and that the department of safety and professional services designates
3by rule as a gasoline replacement renewable fuel.
AB676,10 4Section 10. 93.18 (5) of the statutes is amended to read:
AB676,5,115 93.18 (5) Complaint, notice, order or other process of the department may be
6served as may be a summons, and a subpoena as provided by s. 885.03, and either
7may be served by registered mail to an address furnished by the person or concern
8to either the department or the secretary of state department of financial
9institutions
. Service may be proved by affidavit. Service in any event may be also
10by registered mail addressed to the person or concern and proved by the post-office
11return receipt, in which case the time of service is the date borne by the receipt.
Note: Allows service of process from the Department of Agriculture, Trade and
Consumer Protection to be made by registered mail to the address that the party provided
to the Department of Agriculture, Trade and Consumer Protection or the Department of
Financial Institutions. Under current law, service may be made by registered mail to the
address that the party provided to the Department of Agriculture, Trade and Consumer
Protection or the secretary of state.
AB676,11 12Section 11 . 94.701 (4) (a) 1. of the statutes is repealed.
Note: Repeals the statute that requires the Department of Agriculture, Trade and
Consumer Protection to collect a copy of any ordinance relating to pesticides that was
enacted prior to December 29, 1993.
AB676,12 13Section 12. 94.701 (4) (a) 2. of the statutes is renumbered 94.701 (4) (a).
Note: Renumbers s. 94.701 (4) (a) 2., stats., to reflect the change made in Section
11.
AB676,13 14Section 13 . 100.60 (1) (a) of the statutes is amended to read:
AB676,5,1815 100.60 (1) (a) "Biodiesel" means a fuel that is comprised of monoalkyl esters
16of long chain fatty acids derived from vegetable oils or animal fats and that meets all
17of the applicable requirements of the American Society for Testing and Materials
18ASTM International.
AB676,14
1Section 14. 100.60 (1) (b) 2. of the statutes, as affected by 2015 Wisconsin Act
255
, is amended to read:
AB676,6,73 100.60 (1) (b) 2. Any other fuel that can substitute for petroleum-based diesel
4fuel, that is derived from a renewable resource, that meets all of the applicable
5requirements of the American Society for Testing and Materials ASTM International
6for that fuel, and that the department designates as a diesel-replacement renewable
7fuel under sub. (7) (a).
AB676,15 8Section 15. 100.60 (1) (c) 2. of the statutes, as affected by 2015 Wisconsin Act
955
, is amended to read:
AB676,6,1410 100.60 (1) (c) 2. Any other fuel that can substitute for gasoline, that is derived
11from a renewable resource, that meets all of the applicable requirements of the
12American Society for Testing and Materials
ASTM International for that fuel, and
13that the department designates as a gasoline-replacement renewable fuel under
14sub. (7) (b).
AB676,16 15Section 16. 100.60 (7) of the statutes, as affected by 2015 Wisconsin Act 55,
16is amended to read:
AB676,6,2117 100.60 (7) Rules. (a) The department may promulgate a rule designating a
18fuel that can substitute for petroleum-based diesel fuel, that is derived from a
19renewable resource, and that meets all of the applicable requirements of the
20American Society for Testing and Materials
ASTM International for that fuel as a
21diesel-replacement renewable fuel for the purposes of this section.
AB676,7,222 (b) The department may promulgate a rule designating a fuel that can
23substitute for gasoline, that is derived from a renewable resource, and that meets all
24of the applicable requirements of the American Society for Testing and Materials

1ASTM International for that fuel as a gasoline-replacement renewable fuel for the
2purposes of this section.
AB676,17 3Section 17. 167.35 (3) (a) 1. of the statutes is amended to read:
AB676,7,114 167.35 (3) (a) 1. The testing shall be conducted in accordance with the standard
5test method for measuring the ignition strength of cigarettes established by the
6American Society for Testing and Materials
ASTM International standard
7E2187-04. The department may adopt a substitute test method that is different from
8the standard test method, if the department finds that the substitute test method
9does not result in a change in the percentage of full-length burns exhibited by any
10tested cigarette when compared to the percentage of full-length burns the same
11cigarette would exhibit when tested in accordance with the standard test method.
AB676,18 12Section 18. 168.04 (3) of the statutes is amended to read:
AB676,7,1913 168.04 (3) Except as otherwise provided in this section, rules promulgated
14under this section shall be in conformity with nationally recognized standards,
15specifications, and classifications, such as those published by the American Society
16for Testing and Materials
ASTM International, the Society of Automotive Engineers,
17and the U.S. Environmental Protection Agency. The department may not
18promulgate or enforce a rule prohibiting the placement of additional information on
19the dispensing device.
AB676,19 20Section 19. 168.07 (2) of the statutes is amended to read:
AB676,7,2321 168.07 (2) Inspections under sub. (1) shall be conducted, so far as applicable,
22in accordance with the methods outlined in the latest revision of the ASTM Book of
23Standards of the American Society for Testing and Materials ASTM International.
AB676,20 24Section 20. 168.14 (2m) (b) 3. of the statutes is amended to read:
AB676,8,2
1168.14 (2m) (b) 3. The fuel meets all of the applicable requirements of the
2American Society for Testing and Materials
ASTM International.
AB676,21 3Section 21 . 168.14 (2m) (c) 3. of the statutes is amended to read:
AB676,8,54 168.14 (2m) (c) 3. The fuel meets all of the applicable requirements of the
5American Society for Testing and Materials
ASTM International.
AB676,22 6Section 22 . 185.99 (6) of the statutes is amended to read:
AB676,8,117 185.99 (6) Designation of geographic areas. After consultation with the
8Wisconsin Federation of Cooperatives
Cooperative Network, the commissioner shall
9designate, by order, the geographic areas of the state in which health benefit
10purchasing cooperatives may be organized. A geographic area may overlap with one
11or more other geographic areas.
Note: Sections 2 and 22 change the name of the Wisconsin Federation of
Cooperatives to Cooperative Network.
AB676,23 12Section 23 . 299.11 (8) (d) of the statutes is amended to read:
AB676,8,1913 299.11 (8) (d) Quality control. The laboratory shall conduct self-audits and a
14quality control program consistent with criteria specified by rule by the department
15and based on methods and standards prescribed by rule and considering criteria
16used by the federal environmental protection agency, the American Society for
17Testing and Materials
ASTM International, the national council on air and stream
18improvement, the national academy of sciences or other equivalent agency
19recognized by the department.
AB676,24 20Section 24 . 346.45 (1) (d) of the statutes is amended to read:
AB676,9,221 346.45 (1) (d) Every cargo tank motor vehicle, whether loaded or empty, used
22for the transportation of any liquid having a flashpoint below 200° Fahrenheit, as

1determined by the test method approved for that product by the American society for
2testing and materials
ASTM International.
Note: Sections 4 to 9, 13 to 21, 23 , and 24 change the name of the American Society
for Testing and Materials to ASTM International.
AB676,9,33 (End)
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