AB40: Bill Text

AB40,872,21 c. At least one year has passed since the person was taken into custody and no criminal complaint or delinquency petition alleging that the person committed a violation of a juvenile offense requiring the submission of a specimen has been filed against the person in connection with the taking into custody.

AB40,872,25 d. The person was convicted or adjudged delinquent for a juvenile offense requiring the submission of a specimen in connection with the taking into custody and the conviction or delinquency adjudication has been reversed, set aside, or vacated.

AB40,1935 Section 1935. 165.77 (7m) of the statutes is created to read:

AB40,873,8 165.77 (7m) An entry in the data bank that is found to be erroneous does not prohibit the legitimate use of the entry to further a criminal investigation or prosecution. The failure of a law enforcement agency or the laboratories to comply with s. 165.76, 165.765, 165.77, or 165.84, or any rules or procedures adopted to administer those sections, is not grounds for challenging the validity of the data collection, for challenging the use of the sample as provided in those sections, or for the suppression of evidence based upon or derived from any entry in the data bank.

AB40,1936 Section 1936. 165.825 of the statutes is amended to read:

AB40,873,14 165.825 Information link; department of health services. The department of justice shall cooperate with the departments of safety and professional services and, health services , and financial institutions in developing and maintaining a computer linkup to provide access to the information obtained from a criminal history search.

AB40,1937 Section 1937. 165.84 (7) of the statutes is created to read:

AB40,874,2 165.84 (7) (a) Subject to rules promulgated under s. 165.76 (4), all persons in charge of law enforcement and tribal law enforcement agencies shall obtain, when the individual's fingerprints or other identifying data are obtained, a biological specimen for deoxyribonucleic acid analysis from each individual arrested for a felony or for an offense under s. 940.225 (3m), 941.20 (1), 944.20, 944.30, 944.31, 944.33 (1), 946.52, or 948.10 (1) (b) and each minor taken into custody for a juvenile offense requiring the submission of a specimen, as defined under s. 165.77 (1) (am). The person in charge of the law enforcement or tribal law enforcement agency shall submit the specimen to the crime laboratories for deoxyribonucleic acid analysis and inclusion of the individual's deoxyribonucleic acid profile in the data bank under s. 165.77 (3).

AB40,874,4 (b) Biological samples required under par. (a) shall be obtained and submitted as specified in rules promulgated by the department of justice under s. 165.76 (4).

AB40,874,6 (c) Biological specimens obtained under this section may be used only as provided under s. 165.77.

AB40,1938 Section 1938. 165.845 (title) of the statutes is created to read:

AB40,874,8 165.845 (title) Collect crime data.

AB40,1939 Section 1939. 165.845 (1) (intro.) of the statutes is created to read:

AB40,874,10 165.845 (1) (intro.) The department of justice shall:

AB40,1940 Section 1940. 165.89 (4) of the statutes is repealed.

AB40,1941 Section 1941. 165.91 (4) of the statutes is repealed.

AB40,1942 Section 1942. 165.93 (2) (a) of the statutes is amended to read:

AB40,874,16 165.93 (2) (a) Beginning on January 1, 1995, the The department shall provide grants to eligible organizations from the appropriation appropriations under s. 20.455 (5) (gc) (e) and (gj) to provide services for sexual assault victims.

AB40,1943 Section 1943. 165.94 of the statutes is created to read:

AB40,874,23 165.94 Grants for global positioning system tracking. (1) From the appropriation under s. 20.455 (5) (br), the department of justice may provide grants to any eligible local unit of government, law enforcement agency, or tribal law enforcement agency whose plan for expending the grant moneys to fund a global positioning system tracking program for persons who are subject to an order under s. 813.129 is approved.

AB40,875,4 (2) The department of justice shall develop criteria which, notwithstanding s. 227.10 (1), need not be promulgated as rules under ch. 227, as guidelines to be followed by a local unit of government, law enforcement agency, or tribal law enforcement agency that wishes to establish a program for global positioning system tracking pursuant to s. 813.129 (6) for persons subject to an order under s. 813.129 (1) (a) and for use in awarding grants under this section.

AB40,1944 Section 1944. 165.95 (title) of the statutes is created to read:

AB40,875,6 165.95 (title) Alternatives to incarceration; grant program.

AB40,1945 Section 1945. 165.984 of the statutes is repealed.

AB40,1946 Section 1946. 165.986 (title) of the statutes is created to read:

AB40,875,9 165.986 (title) Beat patrol officers; grant program.

AB40,1947 Section 1947. 165.987 (title) of the statutes is created to read:

AB40,875,11 165.987 (title) Youth diversion programs; grant program.

AB40,1948 Section 1948. 167.35 (1) (f) 4. of the statutes is created to read:

AB40,875,17 167.35 (1) (f) 4. Any person who owns an automated roll-your-own machine that is used to make cigarettes, not including an individual who owns a roll-your-own machine and uses the machine in his or her home solely to make cigarettes for his or her personal use or for the use of other individuals who live in his or her home.

AB40,1949 Section 1949. Chapter 168 (title) of the statutes is repealed and recreated to read:

AB40,875,20 CHAPTER 168

AB40,875,22 petroleum products and dangerous substances

AB40,1950 Section 1950. Subchapter I (title) of chapter 168 [precedes 168.01] of the statutes is created to read:

AB40,875,25 CHAPTER 168

AB40,876,1 SUBCHAPTER I

AB40,876,2 Petroleum product inspections

AB40,1951 Section 1951. 168.01 (intro.) of the statutes is amended to read:

AB40,876,4 168.01 Definitions. (intro.) In this chapter subchapter:

AB40,1952 Section 1952. 168.01 (1) of the statutes is amended to read:

AB40,876,7 168.01 (1) "Department" means the department of safety and professional services agriculture, trade and consumer protection.

AB40,1953 Section 1953. 168.01 (2) of the statutes is renumbered 168.01 (4).

AB40,1954 Section 1954. 168.02 (title) of the statutes is repealed.

AB40,1955 Section 1955. 168.02 of the statutes is renumbered 168.01 (2).

AB40,1956 Section 1956. 168.03 (title) of the statutes is repealed.

AB40,1957 Section 1957. 168.03 of the statutes is renumbered 168.01 (3).

AB40,1958 Section 1958. 168.05 (1) of the statutes is amended to read:

AB40,876,22 168.05 (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 subchapter. 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.

AB40,1959 Section 1959. 168.06 (1) of the statutes is amended to read:

AB40,877,10 168.06 (1) For the purposes of administering this chapter subchapter, inspectors may take samples of gasoline, gasoline-alcohol fuel blends, kerosene, other refined oils, fuel oils and petroleum distillates for tests and make inspections at any points within or without this state, and may open any original container containing gasoline, gasoline-alcohol fuel blends, kerosene, other refined oils, fuel oils and petroleum distillates and take a true sample of not less than 8 ounces of the contents thereof, even though the original containers may still be in the possession of a common or contract carrier, provided the opening and sampling does not unduly inconvenience or hamper the transportation of the products. After the original containers are opened and sampled the same shall be resealed with seals furnished by the department for such purposes. The authority conferred by this section shall be in addition to, and not in limitation of, any of the provisions of s. 168.05.

AB40,1960 Section 1960. 168.08 (1) of the statutes is amended to read:

AB40,877,12 168.08 (1) Time and place of each inspection.

AB40,1961 Section 1961. 168.09 of the statutes is amended to read:

AB40,877,18 168.09 Authority to enter. Any inspector may enter in or upon the premises of any manufacturer, vendor, dealer or user of gasoline, gasoline-alcohol fuel blends, kerosene, other refined oils, fuel oils and petroleum distillates, during regular business hours to determine whether any petroleum product intended for sale or use has not been sampled and inspected in accordance with this chapter subchapter.

AB40,1962 Section 1962. 168.125 of the statutes is amended to read:

AB40,877,24 168.125 Reports; payment. Persons who are liable for the fee under this chapter subchapter shall state the number of gallons of petroleum products on which the fee is due and the amount of their liability for the fee in the reports under s. 78.12 (1) to (3). The requirements for payment of the motor vehicle fuel tax under s. 78.12 (5) apply to the fee under this chapter subchapter.

AB40,1963 Section 1963. 168.15 of the statutes is amended to read:

AB40,878,4 168.15 Penalty. Every person who violates any provision of this chapter subchapter that is not related to the fee under s. 168.12 (1) shall forfeit not less than $10 nor more than $100 for each violation. Each day a person fails to comply with any provision of this chapter subchapter is a separate violation.

AB40,1964 Section 1964. 168.16 (1) of the statutes is amended to read:

AB40,878,7 168.16 (1) The department shall enforce this chapter subchapter. Inspection districts shall be defined and numbered by the department.

AB40,1965 Section 1965. 168.16 (2) of the statutes is amended to read:

AB40,878,11 168.16 (2) Any accident or explosion involving products of petroleum which comes to the knowledge of the department shall be investigated to determine whether or not there has been a violation of this chapter subchapter.

AB40,1966 Section 1966. 168.16 (4) of the statutes is amended to read:

AB40,878,14 168.16 (4) The department may promulgate reasonable rules relating to the administration and enforcement of this chapter subchapter.

AB40,1967 Section 1967. 168.17 of the statutes is amended to read:

AB40,878,19 168.17 Attorney general and district attorney to prosecute. Upon request of the department, the attorney general or proper district attorney shall prosecute any action to enforce this chapter subchapter except the fee that is imposed under s. 168.12 (1).

AB40,1968 Section 1968. 168.18 of the statutes is repealed.

AB40,1969 Section 1969. Subchapter II (title) of chapter 168 [precedes 168.21] of the statutes is created to read:

AB40,878,23 CHAPTER 168

AB40,878,24 SUBCHAPTER II

AB40,878,25 Storage of dangerous substances

AB40,1970 Section 1970. 168.21 (2) of the statutes is created to read:

AB40,879,3 168.21 (2) "Department" means the department of agriculture, trade and consumer protection.

AB40,1971 Section 1971. 175.49 (5m) of the statutes is amended to read:

AB40,879,10 175.49 (5m) Fees. The department may charge a fee to verify eligibility for a certification card under this section, for the issuance of a certification card under sub. (3), or for the renewal of a certification card under sub. (5), but the fee may not exceed the costs the department incurs in verifying eligibility or for issuing or renewing a certification card. Payments made to the department under this subsection shall be credited to the appropriation account under s. 20.455 (2) (gu) (gr).

AB40,1972 Section 1972. 180.1421 (2m) (b) of the statutes is amended to read:

AB40,879,16 180.1421 (2m) (b) If the notice under par. (a) is returned to the department as undeliverable or if the corporation's principal office cannot be determined from the records of the department, the department shall give the notice by publishing a class 1 notice under ch. 985 in the official state newspaper posting the notice on the department's Internet site.

AB40,1973 Section 1973. 180.1531 (2m) (b) of the statutes is amended to read:

AB40,879,22 180.1531 (2m) (b) If the notice under par. (a) is returned to the department as undeliverable or if the corporation's principal office cannot be determined from the records of the department, the department shall give the notice by publishing a class 1 notice under ch. 985 in the official state newspaper posting the notice on the department's Internet site.

AB40,1974 Section 1974. 181.0203 (3) of the statutes is amended to read:

AB40,880,2 181.0203 (3) Notification of reporting requirements. Upon filing articles of incorporation of a corporation, the department shall inform the corporation of the reporting requirements under s. 440.42 202.12 for charitable organizations that solicit contributions.

AB40,1975 Section 1975. 181.1421 (2) (b) of the statutes is amended to read:

AB40,880,8 181.1421 (2) (b) If the notice under par. (a) is returned to the department as undeliverable or if the corporation's principal office cannot be determined from the records of the department, the department shall give the notice by publishing a class 1 notice under ch. 985 in the official state newspaper posting the notice on the department's Internet site.

AB40,1976 Section 1976. 181.1421 (3) (d) of the statutes is amended to read:

AB40,880,12 181.1421 (3) (d) If the notice is published as a class 1 notice, under ch. 985, the effective date set under ch. 985 for the notice posted on the department's Internet site, the date of posting.

AB40,1977 Section 1977. 181.1531 (2g) (b) of the statutes is amended to read:

AB40,880,18 181.1531 (2g) (b) If the notice under par. (a) is returned to the department as undeliverable or if the corporation's principal office cannot be determined from the records of the department, the department shall give the notice by publishing a class 1 notice under ch. 985 in the official state newspaper posting the notice on the department's Internet site.

AB40,1978 Section 1978. 181.1622 (1) (intro.) of the statutes is amended to read: