AB150-SA116, s. 4450c
21Section 4450c. 165.07 of the statutes is renumbered 23.39 (1) and amended
22to read:
AB150-SA116,56,7
123.39
(1) The
attorney general
secretary shall designate an
assistant attorney
2general on in the
attorney general's staff department as public intervenor. Written
3notices of all
administrative proceedings under chs. 30, 31, 144 and 147 shall be given
4to the public intervenor and to the administrators of divisions primarily assigned the
5departmental functions under chs. 29 and 144 by the agency head responsible for
6such proceedings. A copy of such notice shall also be given to the natural areas
7preservation council.
AB150-SA116,56,16
8(2) (a) The With the approval of the public intervenor board the public
9intervenor shall formally intervene in
such administrative proceedings when
10requested to do so by an administrator of a division primarily assigned the
11departmental functions under ch. 29 or 144.
The
With the approval of the public
12intervenor board, the public intervenor may, on the public intervenor's own initiative
13or upon request of any committee of the legislature, formally intervene in all
such 14administrative proceedings where such intervention is needed for the protection of
15"public rights" in water and other natural resources, as provided in chs. 30 and 31
16and defined by the supreme court.
AB150-SA116,57,2
17(3) Personnel of the department
of natural resources shall
, upon the request
18of the public intervenor
, make such investigations, studies and reports as the public
19intervenor may request in connection with
such administrative proceedings, either
20before or after formal intervention. Personnel of state agencies shall at the public
21intervenor's request provide information, serve as witnesses in such proceedings and
22otherwise cooperate in the carrying out of the public intervenor's intervention
23functions. Formal intervention shall be by filing a statement to that effect with the
24examiner or other person immediately in charge of the proceeding. Thereupon the
25public intervenor shall be deemed a party in interest with full power to present
1evidence, subpoena and cross-examine witnesses, submit proof, file briefs or do any
2other acts appropriate for a party to the proceedings.
AB150-SA116,57,8
3(4) The public intervenor may
not appeal from administrative rulings to the
4courts
and in. In all administrative proceedings
and judicial review proceedings the
5public intervenor shall be identified as "public intervenor". This section does not
6preclude or prevent any
division of the department of natural resources, or any other 7department or independent agency from appearing by its staff as a party in
such 8administrative proceedings.
AB150-SA116, s. 4450f
10Section 4450f. 165.075 of the statutes is renumbered 23.39 (2) (b) and
11amended to read:
AB150-SA116,57,1612
23.39
(2) (b) In carrying out his or her duty to protect public rights in water and
13other natural resources,
as defined by law under s. 165.07, with the approval of the
14public intervenor board the public intervenor has the authority to initiate actions
15and proceedings before any agency
or court in order to raise issues,
including issues
16concerning constitutionality, present evidence and testimony and make arguments.
AB150-SA116,58,2
1"
Section 4454c. 165.25 (4) (a) of the statutes, as affected by 1995 Wisconsin
2Act .... (this act), is amended to read:
AB150-SA116,58,83
165.25
(4) (a) The department of justice shall furnish all legal services required
4by the investment board, the lottery division in the
gaming commission department
5of revenue, the public service commission, the department of transportation, the
6department of natural resources, the department of tourism and the department of
7employe trust funds, together with any other services, including stenographic and
8investigational, as are necessarily connected with the legal work.".
AB150-SA116,58,15
15"
Section 5847e. 218.01 (2) (bd) 1g. of the statutes is amended to read:
AB150-SA116,58,2416
218.01
(2) (bd) 1g. The manufacturer, distributor or importer shall send a
17notice of discontinuation or cancellation by certified mail, and forward a copy of the
18notice to the department
of transportation, not less than 20 days before the effective
19date of discontinuation or cancellation of the agreement, if the dealer or distributor
20fails to conduct its customary sales and service operations during its customary
21business hours for 7 consecutive business days unless the failure is caused by an act
22of God, by work stoppage or delays due to strikes or labor disputes or other reason
23beyond the dealer's or distributor's control or by an order of the department
of
24transportation or the office of the commissioner of transportation.".
AB150-SA116,59,5
5"
Section 5885g. 218.01 (3x) (b) 2. of the statutes is amended to read:
AB150-SA116,59,206
218.01
(3x) (b) 2. An affected grantor who does not approve of the proposed
7action shall, within 30 days after receiving the dealer's written notice of the proposed
8action or within 30 days after receiving all the information specified in a written list
9served on the dealer under subd. 1., whichever is later, file with the department
of
10transportation and serve upon the dealer a written statement of the reasons for its
11disapproval. The reasons given for the disapproval or any explanation of those
12reasons by the manufacturer, distributor or importer shall not subject the
13manufacturer, distributor or importer to any civil liability unless the reasons given
14or explanations made are malicious and published with the sole intent to cause harm
15to the dealer or a transferee of the dealer. Failure to file and serve a statement within
16the applicable period shall, notwithstanding the terms of any agreement, constitute
17approval of the proposed action by the grantor. If an affected grantor files a written
18statement within the applicable period, the dealer may not voluntarily undertake
19the proposed action unless it receives an order permitting it to do so from the office
20of the commissioner of transportation under par. (c) 2.
AB150-SA116,60,422
218.01
(3x) (b) 3. A dealer who is served with a written statement by an affected
23grantor under subd. 2
. may file with the department
of transportation and the
office
24of the commissioner of transportation and serve upon the affected grantor a
1complaint for the determination of whether there is good cause for permitting the
2proposed action to be undertaken. The office of the commissioner of transportation
3shall promptly schedule a hearing and decide the matter. The proposed action may
4not be undertaken pending the determination of the matter.".
AB150-SA116,60,11
11"230.08
(2) (e) 3. Development —
5 4.
AB150-SA116, s. 6246m
12Section 6246m. 230.08 (2) (e) 3. of the statutes, as affected by 1995 Wisconsin
13Act .... (this act), is amended to read:
AB150-SA116,60,1414
230.08
(2) (e) 3.
Development Commerce —
4 7.".
AB150-SA116,61,16
16"
Section 6412cnj. 343.30 (1q) (d) of the statutes is amended to read:
AB150-SA116,63,217
343.30
(1q) (d) The assessment report shall order compliance with a driver
18safety plan. The report shall inform the person of the fee provisions under s. 46.03
19(18) (f). The driver safety plan may include a component that makes the person
20aware of the effect of his or her offense on a victim and a victim's family. The driver
21safety plan may include treatment for the person's misuse, abuse or dependence on
22alcohol or controlled substances, or attendance at a school under s. 345.60, or both.
23If the plan requires inpatient treatment, the treatment shall not exceed 30 days. A
1driver safety plan under this paragraph shall include a termination date consistent
2with the plan which shall not extend beyond one year. The county department under
3s. 51.42 shall assure notification of the department of transportation and the person
4of the person's compliance or noncompliance with assessment and with treatment.
5The school under s. 345.60 shall notify the department, the county department under
6s. 51.42 and the person of the person's compliance or noncompliance with the
7requirements of the school. Nonpayment of the assessment fee
or, if the person has
8the ability to pay, nonpayment of the driver safety plan fee is noncompliance with the
9court order. If the department is notified of any noncompliance, it shall suspend the
10person's operating privilege until the county department under s. 51.42 or the school
11under s. 345.60 notifies the department that the person is in compliance with
12assessment or the driver safety plan. The department shall notify the person of the
13suspension, the reason for the suspension and the person's right to a review. A person
14may request a review of a suspension based upon failure to comply with a driver
15safety plan within 10 days of notification. The review shall be handled by the subunit
16of the department of transportation designated by the secretary. The issues at the
17review are limited to whether the driver safety plan, if challenged, is appropriate and
18whether the person is in compliance with the assessment order or the driver safety
19plan. The review shall be conducted within 10 days after a request is received. If the
20driver safety plan is determined to be inappropriate, the department shall order a
21reassessment and if the person is otherwise eligible, the department shall reinstate
22the person's operating privilege. If the person is determined to be in compliance with
23the assessment or driver safety plan, and if the person is otherwise eligible, the
24department shall reinstate the person's operating privilege. If there is no decision
25within the 10-day period, the department shall issue an order reinstating the
1person's operating privilege until the review is completed, unless the delay is at the
2request of the person seeking the review.
AB150-SA116,63,94
343.30
(1z) If a court imposes a driver improvement surcharge under s. 346.655
5and the person fails to pay the surcharge within 60 days after the date by which the
6court ordered the surcharge to be paid, the court may suspend the person's operating
7privilege until the person pays the surcharge, except that the suspension period may
8not exceed 5 years. Any period of suspension under this subsection is subject to sub.
9(1q) (h).
AB150-SA116,64,1911
343.305
(10) (d) The assessment report shall order compliance with a driver
12safety plan. The report shall inform the person of the fee provisions under s. 46.03
13(18) (f). The driver safety plan may include a component that makes the person
14aware of the effect of his or her offense on a victim and a victim's family. The driver
15safety plan may include treatment for the person's misuse, abuse or dependence on
16alcohol or controlled substances, attendance at a school under s. 345.60, or both. If
17the plan requires inpatient treatment, the treatment shall not exceed 30 days. A
18driver safety plan under this paragraph shall include a termination date consistent
19with the plan which shall not extend beyond one year. The county department under
20s. 51.42 shall assure notification of the department of transportation and the person
21of the person's compliance or noncompliance with assessment and treatment. The
22school under s. 345.60 shall notify the department, the county department under s.
2351.42 and the person of the person's compliance or noncompliance with the
24requirements of the school. Nonpayment of the assessment fee
or, if the person has
25the ability to pay, nonpayment of the driver safety plan fee is noncompliance with the
1court order. If the department is notified of noncompliance, it shall suspend the
2person's operating privilege until the county department under s. 51.42 or the school
3under s. 345.60 notifies the department that the person is in compliance with
4assessment or the driver safety plan. The department shall notify the person of the
5suspension, the reason for the suspension and the person's right to a review. A person
6may request a review of a suspension based upon failure to comply with a driver
7safety plan within 10 days of notification. The review shall be handled by the subunit
8of the department of transportation designated by the secretary. The issues at the
9review are limited to whether the driver safety plan, if challenged, is appropriate and
10whether the person is in compliance with the assessment order or the driver safety
11plan. The review shall be conducted within 10 days after a request is received. If the
12driver safety plan is determined to be inappropriate, the department shall order a
13reassessment and if the person is otherwise eligible, the department shall reinstate
14the person's operating privilege. If the person is determined to be in compliance with
15the assessment or driver safety plan, and if the person is otherwise eligible, the
16department shall reinstate the person's operating privilege. If there is no decision
17within the 10-day period, the department shall issue an order reinstating the
18person's operating privilege until the review is completed, unless the delay is at the
19request of the person seeking the review.".
AB150-SA116,64,23
23"
Section 6416e. 346.655 (2) (b) of the statutes is amended to read:
AB150-SA116,65,5
1346.655
(2) (b) If the forfeiture is imposed by a municipal court, the court shall
2transmit the amount to the treasurer of the county, city, town or village, and that
3treasurer shall make payment of
15% 29.2% of the amount to the state treasurer as
4provided in s. 66.12 (1) (b). The treasurer of the city, town or village shall transmit
5the remaining
85% 70.8% of the amount to the treasurer of the county.
AB150-SA116,65,87
346.655
(4) Any person who fails to pay a driver improvement surcharge
8imposed under sub. (1) is subject to s. 343.30 (1z).".
