Wisconsin Legislature: 27,4443

159.49 (title) Study of future of board. Conduct The University of Wisconsin-Extension shall conduct a study of the feasibility and desirability of transferring the powers and duties of the board to a business entity and, no. The University of Wisconsin-Extension shall consult with the department of natural resources, the department of development, the board and other interested parties in conducting the study. The University of Wisconsin-Extension shall, no later than May 30 October 1, 1996, submit a report on the results of the study to the governor, and to the legislature under s. 13.172 (2). If the report concludes that the board should continue to exist and that its powers and duties should not be transferred to a business entity, the report shall recommend to which agency the board should be attached.

27,4434g Section 4434g. 159.44 (4) of the statutes is amended to read:

159.44 (4) Establish In cooperation with the University of Wisconsin-Extension, establish appropriate technical assistance and educational programs for responsible units and other waste generators; governmental entities; solid waste scrap brokers, dealers and processors; business entities that use or could use recovered materials or that produce or could produce products from recovered materials and persons who provide support services to those business entities; and the general public.

27,4434r Section 4434r. 159.46 (1) of the statutes is amended to read:

159.46 (1) The board may provide financial assistance, directly or in cooperation with another person, to a governmental entity or a business entity to assist responsible units waste generators in the marketing of recovered materials or to develop markets for recovered materials. Forms of financial assistance provided by the board, and by a recipient of financial assistance from the board, may include grants, loans and manufacturing rebates.

27,4435 Section 4435 . 159.46 (3) of the statutes is amended to read:

159.46 (3) If the board awards assistance under sub. (1) that results in a loan being made by the recipient to another person, the board may direct that the repayments of the loan's principal and any interest either be repaid to the recipient for use in a revolving loan fund or returned to the board. The board shall credit any funds received under this subsection to the appropriation under s. 20.505 (4) 20.285 (1) (L).

27,4435d Section 4435d. 159.46 (3) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

27,4436 Section 4436 . 159.46 (4) of the statutes is amended to read:

159.46 (4) In any biennium, the board may not expend more than 10% of the amount appropriated under s. 20.505 (4) (t) 20.285 (1) (t) for that biennium for contracts with and financial assistance to responsible units and other local units of government.

27,4436d Section 4436d. 159.46 (4) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

159.46 (4) In any biennium, the board may not expend more than 10% of the amount appropriated under s. 20.285 (1) (t) 20.143 (1) (tm) for that biennium for contracts with and financial assistance to responsible units and other local units of government.

27,4437b Section 4437b. 159.48 (title) of the statutes is amended to read:

159.48 (title) Executive director and other staff for the board.

27,4438b Section 4438b. 159.48 (1) of the statutes is renumbered 159.48.

27,4439 Section 4439 . 159.48 (2) of the statutes is repealed.

27,4440b Section 4440b. 159.48 (3) of the statutes is repealed.

27,4441 Section 4441 . 160.01 (7) of the statutes is amended to read:

160.01 (7) “Regulatory agency" means the department of agriculture, trade and consumer protection, the department of industry, labor and human relations development, the department of transportation, the department of natural resources and other state agencies which regulate activities, facilities or practices which are related to substances which have been detected in or have a reasonable probability of entering the groundwater resources of the state.

27,4441c Section 4441c. 160.255 of the statutes is created to read:

160.255 Exceptions for private sewage systems. (1) In this section, “private sewage system" has the meaning given in s. 145.01 (12).

(2) Notwithstanding s. 160.19 (1), (2) and (4) (b), a regulatory agency is not required to promulgate or amend rules that define design or management criteria for private sewage systems to minimize the amount of nitrate in groundwater or to maintain compliance with the preventive action limit for nitrate.

(3) Notwithstanding s. 160.19 (3), a regulatory agency may promulgate rules that define design or management criteria for private sewage systems that permit the enforcement standard for nitrate to be attained or exceeded at the point of standards application.

(4) Notwithstanding s. 160.21, a regulatory agency is not required to promulgate rules that set forth responses that the agency may take, or require to be taken, when the preventive action limit or enforcement standard for nitrate is attained or exceeded at the point of standards application if the source of the nitrate is a private sewage system.

(5) Notwithstanding ss. 160.23 and 160.25, a regulatory agency is not required to take any responses for a specific site at which the preventive action limit or enforcement standard for nitrate is attained or exceeded at the point of standards application if the source of the nitrate is a private sewage system.

27,4442 Section 4442 . 161.455 (1) of the statutes is amended to read:

161.455 (1) Any person who has attained the age of 18 17 years who knowingly solicits, hires, directs, employs or uses a person who has not attained the age of 18 years is 17 years of age or under for the purpose of violating s. 161.41 (1) may be fined not more than $50,000 or imprisoned for not more than 10 years or both.

27,4443 Section 4443 . 161.46 (1) of the statutes is amended to read:

161.46 (1) Except as provided in sub. (3), any person 18 17 years of age or over who violates s. 161.41 (1) by distributing a controlled substance listed in schedule I or II which is a narcotic drug to a person under 18 17 years of age or under who is at least 3 years his or her junior is punishable by the fine authorized by s. 161.41 (1) (a) or a term of imprisonment of up to twice that authorized by s. 161.41 (1) (a), or both.

27,4444 Section 4444 . 161.46 (2) of the statutes is amended to read:

161.46 (2) Except as provided in sub. (3), any person 18 17 years of age or over who violates s. 161.41 (1) by distributing any other controlled substance listed in schedule I, II, III, IV or V to a person under 18 17 years of age or under who is at least 3 years his or her junior is punishable by the fine authorized by s. 161.41 (1) (b), (i) or (j) or a term of imprisonment of up to twice that authorized by s. 161.41 (1) (b), (i) or (j) or both.

27,4445 Section 4445 . 161.46 (3) of the statutes is amended to read:

161.46 (3) If any person 18 17 years of age or over violates s. 161.41 (1) (cm), (d), (e), (f), (g) or (h) by distributing a controlled substance included under s. 161.14 (7) (L) or 161.16 (2) (b), heroin, phencyclidine, lysergic acid diethylamide, psilocin, psilocybin, amphetamine, methamphetamine or any form of tetrahydrocannabinols to a person under 18 17 years of age or under who is at least 3 years his or her junior, any applicable minimum and maximum fines and minimum and maximum periods of imprisonment under s. 161.41 (1) (cm), (d), (e), (f), (g) or (h) are doubled.

27,4446 Section 4446 . 161.573 (2) of the statutes is amended to read:

161.573 (2) Any person who violates this section who is under 18 17 years of age is subject to a disposition under s. 48.344 (2e).

27,4447 Section 4447 . 161.574 (2) of the statutes is amended to read:

161.574 (2) Any person who violates this section who is under 18 17 years of age is subject to a disposition under s. 48.344 (2e).

27,4448 Section 4448 . 161.575 (1) of the statutes is amended to read:

161.575 (1) Any person 18 17 years of age or over who violates s. 161.574 by delivering drug paraphernalia to a person under 18 17 years of age or under who is at least 3 years younger than the violator may be fined not more than $10,000 or imprisoned for not more than 9 months or both.

27,4449 Section 4449 . 161.575 (2) of the statutes is amended to read:

161.575 (2) Any person who violates this section who is under 18 17 years of age is subject to a disposition under s. 48.344 (2e).

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

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.