1995 Wisconsin Act 27

23.39 (title) Assistant attorney general—public Public intervenor.

27,4450c Section 4450c. 165.07 of the statutes is renumbered 23.39 (1) and amended to read:

23.39 (1) The attorney general secretary shall designate an assistant attorney general on in the attorney general's staff department as public intervenor. Written notices of all administrative proceedings under chs. 30, 31, 144 and 147 shall be given to the public intervenor and to the administrators of divisions primarily assigned the departmental functions under chs. 29 and 144 by the agency head responsible for such proceedings. A copy of such notice shall also be given to the natural areas preservation council.

(2) (a) The With the approval of the public intervenor board the public intervenor shall formally intervene in such administrative proceedings when requested to do so by an administrator of a division primarily assigned the departmental functions under ch. 29 or 144. The With the approval of the public intervenor board, the public intervenor may, on the public intervenor's own initiative or upon request of any committee of the legislature, formally intervene in all such administrative proceedings where such intervention is needed for the protection of “public rights" in water and other natural resources, as provided in chs. 30 and 31 and defined by the supreme court.

(3) Personnel of the department of natural resources shall, upon the request of the public intervenor , make such investigations, studies and reports as the public intervenor may request in connection with such administrative proceedings, either before or after formal intervention. Personnel of state agencies shall at the public intervenor's request provide information, serve as witnesses in such proceedings and otherwise cooperate in the carrying out of the public intervenor's intervention functions. Formal intervention shall be by filing a statement to that effect with the examiner or other person immediately in charge of the proceeding. Thereupon the public intervenor shall be deemed a party in interest with full power to present evidence, subpoena and cross-examine witnesses, submit proof, file briefs or do any other acts appropriate for a party to the proceedings.

(4) The public intervenor may not appeal from administrative rulings to the courts and in. In all administrative proceedings and judicial review proceedings the public intervenor shall be identified as “public intervenor". This section does not preclude or prevent any division of the department of natural resources, or any other department or independent agency from appearing by its staff as a party in such administrative proceedings.

27,4450d Section 4450d. 165.075 (title) of the statutes is repealed.

27,4450f Section 4450f. 165.075 of the statutes is renumbered 23.39 (2) (b) and amended to read:

23.39 (2) (b) In carrying out his or her duty to protect public rights in water and other natural resources, as defined by law under s. 165.07, with the approval of the public intervenor board the public intervenor has the authority to initiate actions and proceedings before any agency or court in order to raise issues, including issues concerning constitutionality, present evidence and testimony and make arguments.

27,4451m Section 4451m. 165.076 of the statutes is repealed.

27,4453 Section 4453 . 165.25 (1) of the statutes is amended to read:

165.25 (1) Represent state. Except as provided in s. 978.05 (5), appear for the state and prosecute or defend all actions and proceedings, civil or criminal, in the court of appeals and the supreme court, in which the state is interested or a party, and attend to and prosecute or defend all civil cases sent or remanded to any circuit court in which the state is a party; and, if requested by the governor or either house of the legislature, appear for and represent the state, any state department, agency, official, employe or agent, whether required to appear as a party or witness in any civil or criminal matter, and prosecute or defend in any court or before any officer, any cause or matter, civil or criminal, in which the state or the people of this state may be interested. The radioactive waste review board public service commission may request under s. 36.50 196.497 (7) that the attorney general intervene in federal proceedings. All expenses of the proceedings shall be paid from the appropriation under s. 20.455 (1) (d).

27,4454b Section 4454b. 165.25 (4) (a) of the statutes is amended to read:

165.25 (4) (a) The department of justice shall furnish all legal services required by the investment board, the lottery division in the gaming commission, the public service commission, the department of transportation, the department of natural resources, the department of tourism and the department of employe trust funds, together with any other services, including stenographic and investigational, as are necessarily connected with the legal work.

27,4454c Section 4454c. 165.25 (4) (a) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

165.25 (4) (a) The department of justice shall furnish all legal services required by the investment board, the lottery division in the gaming commission department of revenue, the public service commission, the department of transportation, the department of natural resources, the department of tourism and the department of employe trust funds, together with any other services, including stenographic and investigational, as are necessarily connected with the legal work.

27,4454m Section 4454m. 165.25 (4) (ar) of the statutes is created to read:

165.25 (4) (ar) The department of justice shall furnish all legal services required by the department of agriculture, trade and consumer protection relating to the enforcement of ss. 100.18, 100.182, 100.20, 100.205, 100.207, 100.21, 100.28, 100.50, 134.22, 134.42, 134.68, 134.70, 134.74, 134.83 and 134.85 and chs. 136, 344, 704, 707 and 779, together with any other services as are necessarily connected to the legal services.

27,4454r Section 4454r. 165.30 of the statutes is created to read:

165.30 Collection of delinquent obligations. (1) Definitions. In this section:

(a) “Departments" has the meaning given in s. 16.002 (2).

(b) “Obligation" includes any amount payable to the state, including accounts, charges, claims, debts, fees, fines, forfeitures, interest, judgments, loans, penalties and taxes.

(2) Bankruptcy cases. The department of justice shall monitor bankruptcy cases filed in bankruptcy courts in this state and other states, notify departments that may be affected by those bankruptcy cases, and represent the interests of the state in bankruptcy cases and related adversary proceedings.

(3) Collection proceeds. (a) All obligations collected by the department of justice under this section shall be paid to the state treasurer and deposited in the appropriate fund.

(b) From the amount of obligations collected by the department of justice under this section, the treasurer shall credit an amount equal to the reasonable and necessary expenses incurred by the department related to collecting those obligations to the appropriation account under s. 20.455 (1) (gs).

27,4454t Section 4454t. 165.30 (3) (a) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

165.30 (3) (a) All obligations collected by the department of justice under this section shall be paid to the state treasurer secretary of administration and deposited in the appropriate fund.

27,4455 Section 4455 . 165.55 (10) (intro.) of the statutes is amended to read:

165.55 (10) (intro.)  The state fire marshal, deputy state fire marshals or chiefs of fire departments shall apply for and obtain special inspection warrants prior to the inspection or investigation of personal or real properties which are not public buildings or for the inspection of portions of public buildings which are not open to the public for the purpose of determining the cause, origin and circumstances of fires either upon showing that consent to entry for inspection purposes has been refused or upon showing that it is impractical to obtain the consent. The warrant may be in the form set forth in s. 66.123. The definition of a public building under s. 101.01 (2) (g) (12) applies to this subsection. No special inspection warrant is required:

27,4456 Section 4456 . 165.72 (3) of the statutes is amended to read:

165.72 (3) Reward payment program. The department shall administer a reward payment program. Under the program, the department may offer and pay rewards from the appropriations appropriation under s. 20.455 (2) (e) and (mb) for information under sub. (2) (a) leading to the arrest and conviction of a person for a violation of ch. 161.

27,4457 Section 4457 . 165.72 (8) of the statutes is repealed.

27,4457g Section 4457g. 165.82 (1) (a) of the statutes is amended to read:

165.82 (1) (a) For each record check, except a fingerprint card record check, requested by a governmental agency or nonprofit organization, $2.

27,4457h Section 4457h. 165.82 (1) (ag) of the statutes is created to read:

165.82 (1) (ag) For each record check, except a fingerprint card record check, requested by a governmental agency, $5.

27,4457i Section 4457i. 165.82 (1) (ar) of the statutes is created to read:

165.82 (1) (ar) For each fingerprint card record check requested by a governmental agency or nonprofit organization, $10.

27,4457k Section 4457k. 165.82 (1) (b) of the statutes is amended to read:

165.82 (1) (b) For each record check by any other requester, $10 $13.

27,4458 Section 4458 . 165.827 of the statutes is amended to read:

165.827 (title) Transaction information for the management of enforcement system; fees. The department of justice shall administer a transaction information for the management of enforcement system to provide access to information concerning law enforcement. The department of justice may impose fees on law enforcement agencies and tribal law enforcement agencies, as defined in s. 165.83 (1) (e), for rentals, use of terminals and related costs and services associated with the transaction information for management of enforcement system. All moneys collected under this section shall be deposited in credited to the appropriation account under s. 20.455 (2) (h).

27,4460 Section 4460 . 165.87 (1) (a) of the statutes is amended to read:

165.87 (1) (a) Twenty-seven fifty-fifths of all moneys collected from penalty assessments under this section shall be deposited in s. 20.455 (2) (i) and utilized in accordance with ss. 20.455 (2) and 165.85 (5) and (5m). The moneys deposited in s. 20.455 (2) (i), except for the moneys transferred to s. 20.455 (2) (jb) and (jc), constitute the law enforcement training fund.

27,4460bp Section 4460bp. 165.87 (1) (a) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

165.87 (1) (a) Twenty-seven fifty-fifths Fifty-four one-hundred-fifteenths of all moneys collected from penalty assessments under this section shall be deposited in credited to the appropriation account under s. 20.455 (2) (i) and utilized in accordance with ss. 20.455 (2) and 165.85 (5) and (5m). The moneys deposited in credited to the appropriation account under s. 20.455 (2) (i), except for the moneys transferred to s. 20.455 (2) (jb), constitute the law enforcement training fund.

27,4460c Section 4460c. 165.87 (1) (b) of the statutes is amended to read:

165.87 (1) (b) One-eleventh Two twenty-thirds of all moneys collected from penalty assessments under this section shall be deposited in credited to the appropriation account under s. 20.410 (1) (jp) and utilized in accordance with s. 301.28.

27,4460d Section 4460d. 165.87 (1) (bd) of the statutes is created to read:

165.87 (1) (bd) One twenty-third of all moneys collected from penalty assessments under this section shall be credited to the appropriation account under s. 20.455 (1) (g) and utilized in accordance with s. 165.94.

27,4460e Section 4460e. 165.87 (1) (bn) of the statutes is amended to read:

165.87 (1) (bn) Five twenty-seconds twenty-thirds of all moneys collected from penalty assessments under this section shall be deposited in credited to the appropriation account under and utilized in accordance with s. 20.505 (6) (g), except for moneys transferred to ss. 20.435 (3) (jk) and 20.505 (6) (h). In regard to any grant to any local unit of government for which the state is providing matching funds from moneys under this paragraph, the local unit of government shall provide matching funds equal to at least 10%.

27,4460em Section 4460em. 165.87 (1) (bn) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

165.87 (1) (bn) Five twenty-thirds of all moneys collected from penalty assessments under this section shall be credited to the appropriation account under and utilized in accordance with s. 20.505 (6) (g), except for moneys transferred to ss. 20.435 20.410 (3) (jk) and 20.505 (6) (h). In regard to any grant to any local unit of government for which the state is providing matching funds from moneys under this paragraph, the local unit of government shall provide matching funds equal to at least 10%.

27,4460f Section 4460f. 165.87 (1) (bp) of the statutes is amended to read:

165.87 (1) (bp) One twenty-second twenty-third of all moneys collected from penalty assessments under this section shall be deposited in credited to the appropriation account under s. 20.455 (2) (hm) and utilized in accordance with ss. 20.455 (2) (hn) and (ho) and 165.90.

27,4460g Section 4460g. 165.87 (1) (br) of the statutes is amended to read:

165.87 (1) (br) One one-hundred-tenth one-hundred-fifteenth of all moneys collected from penalty assessments under this section shall be deposited in credited to the appropriation account under and utilized in accordance with s. 20.550 (1) (j).

27,4460h Section 4460h. 165.87 (1) (c) of the statutes is amended to read:

165.87 (1) (c) Of the balance of the moneys collected from penalty assessments under this section, 62.2% shall be deposited credited to the appropriation account under s. 20.255 (2) (g) and the remainder shall be deposited credited to the appropriation account under s. 20.255 (1) (hr).

27,4460i Section 4460i. 165.87 (2) (a) of the statutes is amended to read:

165.87 (2) (a) Whenever a court imposes a fine or forfeiture for a violation of state law or for a violation of a municipal or county ordinance except for a violation of s. 101.123 (2) (a), (am) 1. or (bm) or (5) or state laws or municipal or county ordinances involving nonmoving traffic violations or safety belt use violations under s. 347.48 (2m), there shall be imposed in addition a penalty assessment in an amount of 22% 23% of the fine or forfeiture imposed. If multiple offenses are involved, the penalty assessment shall be based upon the total fine or forfeiture for all offenses. When a fine or forfeiture is suspended in whole or in part, the penalty assessment shall be reduced in proportion to the suspension.

27,4460v Section 4460v. 165.94 of the statutes is created to read:

165.94 District attorney computer network. The department of justice shall maintain a district attorney computer network that provides district attorney offices with access to operating records under s. 343.24, access to criminal history records, ability to exchange legal information, use of electronic mail and access to statutory and attorney general opinion data bases.

27,4461 Section 4461 . 165.97 of the statutes is repealed.

27,4462 Section 4462 . 166.10 (intro.) of the statutes is amended to read:

166.10 Preservation of essential public records. (intro.) The public records and forms board shall establish a system for the preservation of essential state public records necessary for the continuity of governmental functions in the event of enemy action or natural or man-made disasters. The board shall:

27,4464 Section 4464 . 167.10 (3) (b) 2. of the statutes is amended to read:

167.10 (3) (b) 2. The possession or use of explosives in accordance with rules or general orders of the department of industry, labor and human relations development.

27,4465 Section 4465 . 167.10 (6m) (a) of the statutes is amended to read:

167.10 (6m) (a) After June 30, 1985, no No person may manufacture in this state fireworks or a device listed under sub. (1) (e), (f) or (i) to (n) without a fireworks manufacturing license issued by the department of industry, labor and human relations development.

27,4466 Section 4466 . 167.10 (6m) (b) of the statutes is amended to read:

167.10 (6m) (b) After June 30, 1985, no No person may manufacture in this state fireworks or a device listed under sub. (1) (e), (f) or (i) to (n) unless the person complies with the rules of the department of industry, labor and human relations development promulgated under par. (e).

27,4467 Section 4467. 167.10 (6m) (c) of the statutes is amended to read:

167.10 (6m) (c) Any person who, after June 30, 1985, manufactures in this state fireworks or a device listed under sub. (1) (e), (f) or (i) to (n) shall provide the department of industry, labor and human relations development with a copy of each federal license issued under 18 USC 843 to that person.

27,4468 Section 4468 . 167.10 (6m) (d) of the statutes is amended to read:

167.10 (6m) (d) The department of industry, labor and human relations development shall issue a license to manufacture fireworks or devices listed under sub. (1) (e), (f) or (i) to (n) to a person who complies with the rules of the department promulgated under par. (e). The department may not issue a license to a person who does not comply with the rules promulgated under par. (e). The department may revoke a license under this subsection for the refusal to permit an inspection by the department or for a continuing violation of the rules promulgated under par. (e).

27,4469 Section 4469 . 167.10 (6m) (e) of the statutes is amended to read:

167.10 (6m) (e) The department of industry, labor and human relations development shall promulgate rules to establish safety standards for the manufacture in this state of fireworks and devices listed under sub. (1) (e), (f) or (i) to (n). The rules may not take effect before July 1, 1985.

27,4470 Section 4470 . 167.11 (2) of the statutes is amended to read:

167.11 (2) The department of industry, labor and human relations development shall, by rule, set forth the nature of such warning and shall enforce this section.

27,4471 Section 4471 . 167.27 (5) of the statutes is amended to read:

167.27 (5) Whenever any mine shaft, exploration shaft or test well is abandoned or its use discontinued, the operator or contractor shall promptly fill same to grade or enclose the same with a fence of strong woven wire not less than 46 inches wide with one barbwire above or cap same with a reinforced concrete slab at least 6 inches thick or with a native boulder at least 3 times the diameter of the top of the shaft or test well bore. The strands of the woven wire shall not be smaller than No. 12 wire and the cross wires and meshes shall not be smaller than No. 16 wire; the strands shall not be more than 12 inches apart, and the meshes shall not exceed 8 inches square. All wires must be tightly stretched and securely fastened to sufficient posts firmly set not more than 8 feet apart. In case any person shall neglect to repair or rebuild such fence which the person is so required to build and maintain, any person may complain to the department of industry, labor and human relations development or to the local governing body, which shall give notice in writing to the person who is required to build and maintain such fence. The department of industry, labor and human relations development or the local governing body shall then proceed to examine the fence, and if it shall determine that such fence is insufficient, it shall notify the person responsible for its erection and maintenance and direct the person to repair or rebuild the fence within such time as it shall deem reasonable. Any person refusing to comply with such order shall be subject to the penalties provided.

27,4472 Section 4472 . 167.27 (8) of the statutes is amended to read:

167.27 (8) Any violation of this section coming to the attention of the department of industry, labor and human relations development or municipal authorities shall be reported to the attorney general or district attorney for prosecution.

27,4473 Section 4473 . 168.01 of the statutes is amended to read:

168.01 Definition. In this chapter “ department" means the department of industry, labor and human relations development.

27,4474 Section 4474 . 168.05 (1) of the statutes is amended to read:

168.05 (1) No petroleum product imported into and received in this state or received from a manufacturer or refiner or from a marine or pipeline terminal within this state may be unloaded from its original container except as provided under sub. (5), sold, offered for sale or used until a true sample of not less than 8 ounces is taken as provided in this chapter. This subsection does not apply if the department has previously inspected the petroleum product at the refinery, marine or pipeline terminal. Each person importing or receiving a petroleum product which has not been previously inspected shall notify the inspector in the person's district of the receipt thereof, and the inspector shall take a sample of the petroleum product. This subsection does not apply if the user receiving the petroleum product is exempted from departmental inspection under s. 168.07 (3).