AB150-engrossed, s. 4460em
21Section 4460em. 165.87 (1) (bn) of the statutes, as affected by 1995 Wisconsin
22Act .... (this act), is amended to read:
AB150-engrossed,1570,423
165.87
(1) (bn) Five twenty-thirds of all moneys collected from penalty
24assessments under this section shall be credited to the appropriation account under
25and utilized in accordance with s. 20.505 (6) (g), except for moneys transferred to ss.
120.435 20.410 (3) (jk) and 20.505 (6) (h). In regard to any grant to any local unit of
2government for which the state is providing matching funds from moneys under this
3paragraph, the local unit of government shall provide matching funds equal to at
4least 10%.
AB150-engrossed,1570,96
165.87
(1) (bp) One
twenty-second
twenty-third of all moneys collected from
7penalty assessments under this section shall be
deposited in credited to the
8appropriation account under s. 20.455 (2) (hm) and utilized in accordance with ss.
920.455 (2) (hn) and (ho) and 165.90.
AB150-engrossed,1570,1311
165.87
(1) (br) One
one-hundred-tenth
one-hundred-fifteenth of all moneys
12collected from penalty assessments under this section shall be
deposited in credited
13to the appropriation account under and utilized in accordance with s. 20.550 (1) (j).
AB150-engrossed,1570,1815
165.87
(1) (c) Of the balance of the moneys collected from penalty assessments
16under this section, 62.2% shall be
deposited credited to the appropriation account 17under s. 20.255 (2) (g) and the remainder shall be
deposited credited to the
18appropriation account under s. 20.255 (1) (hr).
AB150-engrossed,1571,320
165.87
(2) (a) Whenever a court imposes a fine or forfeiture for a violation of
21state law or for a violation of a municipal or county ordinance except for a violation
22of s. 101.123 (2) (a), (am) 1
. or (bm) or (5) or state laws or municipal or county
23ordinances involving nonmoving traffic violations or safety belt use violations under
24s. 347.48 (2m), there shall be imposed in addition a penalty assessment in an amount
25of
22% 23% of the fine or forfeiture imposed. If multiple offenses are involved, the
1penalty assessment shall be based upon the total fine or forfeiture for all offenses.
2When a fine or forfeiture is suspended in whole or in part, the penalty assessment
3shall be reduced in proportion to the suspension.
AB150-engrossed,1571,9
5165.94 District attorney computer network. The department of justice
6shall maintain a district attorney computer network that provides district attorney
7offices with access to operating records under s. 343.24, access to criminal history
8records, ability to exchange legal information, use of electronic mail and access to
9statutory and attorney general opinion data bases.
AB150-engrossed,1571,15
12166.10 Preservation of essential public records. (intro.) The public
13records
and forms board shall establish a system for the preservation of essential
14state public records necessary for the continuity of governmental functions in the
15event of enemy action or natural or man-made disasters. The board shall:
AB150-engrossed,1571,2018
167.10
(3) (b) 2. The possession or use of explosives in accordance with rules
19or general orders of the department of
industry, labor and human relations 20development.
AB150-engrossed,1571,2522
167.10
(6m) (a)
After June 30, 1985, no No person may manufacture in this
23state fireworks or a device listed under sub. (1) (e), (f) or (i) to (n) without a fireworks
24manufacturing license issued by the department of
industry, labor and human
25relations development.
AB150-engrossed,1572,52
167.10
(6m) (b)
After June 30, 1985, no No person may manufacture in this
3state fireworks or a device listed under sub. (1) (e), (f) or (i) to (n) unless the person
4complies with the rules of the department of
industry, labor and human relations 5development promulgated under par. (e).
AB150-engrossed,1572,107
167.10
(6m) (c) Any person who
, after June 30, 1985, manufactures in this state
8fireworks or a device listed under sub. (1) (e), (f) or (i) to (n) shall provide the
9department of
industry, labor and human relations
development with a copy of each
10federal license issued under
18 USC 843 to that person.
AB150-engrossed,1572,1812
167.10
(6m) (d) The department of
industry, labor and human relations 13development shall issue a license to manufacture fireworks or devices listed under
14sub. (1) (e), (f) or (i) to (n) to a person who complies with the rules of the department
15promulgated under par. (e). The department may not issue a license to a person who
16does not comply with the rules promulgated under par. (e). The department may
17revoke a license under this subsection for the refusal to permit an inspection by the
18department or for a continuing violation of the rules promulgated under par. (e).
AB150-engrossed,1572,2320
167.10
(6m) (e) The department of
industry, labor and human relations 21development shall promulgate rules to establish safety standards for the
22manufacture in this state of fireworks and devices listed under sub. (1) (e), (f) or (i)
23to (n).
The rules may not take effect before July 1, 1985.
AB150-engrossed,1573,2
1167.11
(2) The department of
industry, labor and human relations development 2shall, by rule, set forth the nature of such warning and shall enforce this section.
AB150-engrossed,1573,234
167.27
(5) Whenever any mine shaft, exploration shaft or test well is
5abandoned or its use discontinued, the operator or contractor shall promptly fill
6same to grade or enclose the same with a fence of strong woven wire not less than 46
7inches wide with one barbwire above or cap same with a reinforced concrete slab at
8least 6 inches thick or with a native boulder at least 3 times the diameter of the top
9of the shaft or test well bore. The strands of the woven wire shall not be smaller than
10No. 12 wire and the cross wires and meshes shall not be smaller than No. 16 wire;
11the strands shall not be more than 12 inches apart, and the meshes shall not exceed
128 inches square. All wires must be tightly stretched and securely fastened to
13sufficient posts firmly set not more than 8 feet apart. In case any person shall neglect
14to repair or rebuild such fence which the person is so required to build and maintain,
15any person may complain to the department of
industry, labor and human relations 16development or to the local governing body, which shall give notice in writing to the
17person who is required to build and maintain such fence. The department of
18industry, labor and human relations development or the local governing body shall
19then proceed to examine the fence, and if it shall determine that such fence is
20insufficient, it shall notify the person responsible for its erection and maintenance
21and direct the person to repair or rebuild the fence within such time as it shall deem
22reasonable. Any person refusing to comply with such order shall be subject to the
23penalties provided.
AB150-engrossed,1574,4
1167.27
(8) Any violation of this section coming to the attention of the
2department of
industry, labor and human relations
development or municipal
3authorities shall be reported to the attorney general or district attorney for
4prosecution.
AB150-engrossed,1574,7
6168.01 Definition. In this chapter "department" means the department of
7industry, labor and human relations development.
AB150-engrossed,1574,199
168.05
(1) No petroleum product imported into and received in this state or
10received from a manufacturer or refiner or from a marine or pipeline terminal within
11this state may be unloaded from its original container except as provided under sub.
12(5), sold, offered for sale or used until a true sample of not less than 8 ounces is taken
13as provided in this chapter. This subsection does not apply if the department has
14previously inspected the petroleum product at the refinery, marine or pipeline
15terminal. Each person importing or receiving a petroleum product which has not
16been previously inspected shall notify the inspector in the person's district of the
17receipt thereof, and the inspector shall take a sample of the petroleum product.
This
18subsection does not apply if the user receiving the petroleum product is exempted
19from departmental inspection under s. 168.07 (3).
AB150-engrossed,1575,14
1168.10 Access to records. Every agent or employe of any railroad company
2or other transportation company and every person transporting gasoline,
3gasoline-alcohol fuel blends, kerosene, other refined oils, fuel oils and petroleum
4distillates, having the custody of books or records showing the shipment or receipt
5of gasoline, gasoline-alcohol fuel blends, kerosene, or other refined oils, fuel oils and
6petroleum distillates shall give and permit the department and the inspectors
; and,
7in regard to the fee under s. 168.12 (1), shall give and permit the department of
8revenue; free access to such books and records for the purpose of determining the
9amount of petroleum products shipped and received. All clerks, bookkeepers,
10express agents, railroad agents or officials, employes, or common carriers, or other
11persons shall
render provide the department and the inspectors
; and, in regard to the
12fee under s. 168.12 (1), shall provide the department of revenue; all information in
13their possession when so requested in tracing, finding, sampling and inspecting such
14shipments.
AB150-engrossed,1575,1816
168.11
(2) (d) Containers of 275 gallons capacity or more. This provision does
17not exempt such containers from the identification requirements
under ch. Ind 8,
18Wis. adm. code specified in rules promulgated by the department.
AB150-engrossed,1575,2420
168.12
(1) Except as provided in subs. (1g) and (1r), there is imposed a
21petroleum inspection fee at the rate of 3 cents per gallon on all petroleum products
22that are received, as defined in s. 78.07, by a supplier, as defined in s. 78.005 (14), for
23sale in this state or for sale for export to this state. The fee shall be paid under s.
24168.125 and shall be based on the number of gallons reported under s. 168.125.
AB150-engrossed,1576,4
1168.12
(1g) The fee under sub. (1) is not imposed on petroleum products that
2are shipped from storage at a refinery, marine terminal, pipeline terminal, pipeline
3tank farm or place of manufacture to a person for storage at another refinery, marine
4terminal, pipeline terminal, pipeline tank farm or place of manufacture.
AB150-engrossed,1576,76
168.12
(1r) The fee under sub. (1) is not imposed on petroleum products
7exported from this state by a person who is licensed under sub. (7) or s. 78.09.
AB150-engrossed,1576,1712
168.12
(5m) All oil inspection fees paid to the department of transportation
13under s. 341.45 (1g) (a) in excess of oil inspection fee credits or refunds under s.
14341.45 (2) shall be deposited in the petroleum inspection fund. All oil inspection fees
15credited or refunded by the department of transportation under s. 341.45 (2) in
16excess of oil inspection fees paid to the department of transportation under s. 341.45
17(1g) (a) shall be paid from the petroleum inspection fund.
AB150-engrossed,1577,220
168.12
(7) No person may ship petroleum products into this state unless that
21person either has a license under s. 78.09 or obtains a petroleum products shipper
22license from the department of revenue by filing with that department an application
23prescribed and furnished by that department and verified by the owner of the
24business if the owner is an individual, by a member if the owner is an unincorporated
1association, by a partner if the owner is a partnership or by the president and
2secretary if the owner is a corporation.
AB150-engrossed,1577,154
168.12
(8) (a) To protect the revenues of this state, the department of revenue
5may require any person who is liable to that department for the fee under sub. (1)
6to place with it security in the amount that that department determines. The
7department of revenue may increase or decrease the amount of the security, but that
8amount may not exceed 3 times the person's average monthly liability for the fee
9under sub. (1) as estimated by that department. If any person fails to provide that
10security, the department of revenue may refuse to issue a license under sub. (7) or
11s. 78.09 or may revoke the person's license under sub. (7) or s. 78.09. If any taxpayer
12is delinquent in the payment of the fee under sub. (1), the department of revenue
13may, upon 10 days' notice, recover the fee, interest, penalties, costs and
14disbursements from the person's security. The department of revenue may not pay
15interest on any security deposit.
AB150-engrossed,1577,1816
(b) The security required under par. (a) may be a surety bond furnished to the
17department of revenue and payable to this state. The department of revenue shall
18prescribe the form and contents of the bond.
AB150-engrossed,1578,319
(c) The surety of a bond under par. (b) may conditionally cancel the bond by
20filing written notice with the person who is liable for the fee under sub. (1) and with
21the department of revenue. A surety who files that notice is not discharged from any
22liability that has accrued or from any liability that accrues within 60 days after the
23filing. If the person who is liable for the fee under sub. (1) does not, within 60 days
24after receiving the notice, file with the department of revenue a new bond that is
25satisfactory to that department, that department shall revoke the person's license
1under sub. (7) or s. 78.09. If the person furnishes a new bond, the department of
2revenue shall cancel and surrender the old bond when it is satisfied that all liability
3under the old bond has been discharged.
AB150-engrossed,1578,84
(d) If the liability on the bond is discharged or reduced or if the department of
5revenue determines that the bond is insufficient, that department shall require
6additional surety or new bonds. If any person who is liable for the fee under sub. (1)
7fails to file that additional bond within 5 days after the department of revenue
8provides written notice, that person's license under sub. (7) or s. 78.09 is revoked.
AB150-engrossed,1578,119
(e) Suspension, revocation or cancellation of a license under sub. (7) or s. 78.09,
10partial recovery on the bond or execution of a new bond does not affect the validity
11of a bond under this subsection.
AB150-engrossed,1578,1413
168.12
(9) Sections 78.65 to 78.74 and 78.79 to 78.81 as they apply to the taxes
14under ch. 78 apply to the fee under sub. (1).
AB150-engrossed,1578,20
16168.125 Reports; payment. Persons who are liable for the fee under this
17chapter shall state the number of gallons of petroleum products on which the fee is
18due and the amount of their liability for the fee in the reports under s. 78.12 (1) to
19(3). The requirements for payment of the motor vehicle fuel tax under s. 78.12 (5)
20apply to the fee under this chapter.
AB150-engrossed,1579,5
22168.13 Required records. Every person receiving petroleum products in this
23state shall keep books and records of all petroleum products so received, together
24with bills of lading, waybills and other pertinent documents. Such books and records
25and other papers and documents shall, at all times during business hours of the day,
1be subject to inspection by the department and its inspectors
, and are subject to
2inspection by the department of revenue in regard to the fee under s. 168.12 (1). Such
3books, records and other papers and documents shall be preserved for not less than
43 4 years, unless the department, in writing, authorizes their destruction or disposal
5at an earlier date.
AB150-engrossed,1579,10
7168.15 Penalty. Every person who violates any provision of this chapter
that
8is not related to the fee under s. 168.12 (1) shall forfeit not less than $10 nor more
9than $100 for each violation. Each day a person fails to comply with any provision
10of this chapter is a separate violation.
AB150-engrossed,1579,15
12168.17 Attorney general and district attorney to prosecute. Upon
13request of the department, the attorney general or proper district attorney shall
14prosecute any action to enforce this chapter
except the fee that is imposed under s.
15168.12 (1).
AB150-engrossed,1579,1917
175.45
(9) Cooperation. The departments of corrections,
and health and social
18services
and industry, labor and human relations shall cooperate with the
19department of justice in obtaining information under this section.
AB150-engrossed,1580,2
21177.13 Property held by courts and public agencies. Except as provided
22in ss. 40.08 (8),
800.095 (7m), 852.01 (3), 863.37 (2) and 863.39, intangible property
23held for the owner by a court, state or other government, governmental subdivision
24or agency, public corporation or public authority that remains unclaimed by the
1owner for more than one year after it became payable or distributable is presumed
2abandoned.
AB150-engrossed,1580,104
177.30
(2) The administrator, at reasonable times and upon reasonable notice,
5may examine the records of any person to determine whether the person has
6complied with this chapter. The administrator may designate the
commissioner 7division of banking or other appropriate regulatory authority to examine the records
8of regulated institutions to determine if the institutions have complied with this
9chapter. The administrator may conduct the examination even if the person believes
10it is not in possession of any property reportable or deliverable under this chapter.
AB150-engrossed,1580,1212
179.01
(2m) "Department" means the department of financial institutions.
AB150-engrossed,1581,414
179.03
(2) The reservation shall be made by filing with the
secretary of state 15department an application executed by the applicant to reserve a specified name
16together with a fee of $10, or making a telephone application to reserve a specified
17name. The fee for a telephone application to reserve a specified name for 60 days is
18$20. If the
secretary of state department finds that the name is available for use by
19a domestic limited partnership or foreign limited partnership, the
secretary of state 20department shall reserve the name for the exclusive use of the applicant for a period
21of 60 days. The
secretary of state department shall cancel the telephone application
22to reserve a specified name if the
secretary of state
department does not receive the
23proper fee within 15 business days after the application. Once having reserved a
24name, the same applicant may not again reserve the same name until more than 60
25days after the expiration of the last 60-day period for which that applicant reserved
1that name. The right to the exclusive use of a reserved name may be transferred to
2any other person by filing
in the office of the secretary of state with the department,
3together with a fee of $10, a notice of the transfer executed by the applicant for whom
4the name was reserved and specifying the name and address of the transferee.
AB150-engrossed,1581,116
179.04
(2) If a limited partnership fails to maintain an agent for service of
7process in this state or if the agent cannot with reasonable diligence be found,
8substituted service may be made on the
secretary of state department by delivering
9duplicate copies of the process, together with a fee of $10. The
secretary of state 10department shall forward one copy by registered mail, addressed to the limited
11partnership at its record office.