AB150: Bill Text

AB150, s. 4405 Section 4405. 157.65 (1) (b) of the statutes is amended to read:

AB150,1510,15 157.65 (1) (b) If the department of industry, labor and human relations development has reason to believe that any person is violating s. 157.12 or any rule promulgated under s. 157.12 and that the continuation of that activity might cause injury to the public interest, the department of industry, labor and human relations development may investigate.

AB150, s. 4406 Section 4406. 157.65 (2) of the statutes is amended to read:

AB150,1511,2 157.65 (2) The department of justice or any district attorney, upon informing the department of justice, may commence an action in circuit court in the name of the state to restrain by temporary or permanent injunction any violation of this subchapter. The court may, prior to entry of final judgment, make such orders or judgments as may be necessary to restore to any person any pecuniary loss suffered because of the acts or practices involved in the action, if proof of such loss is submitted to the satisfaction of the court. The department of justice may subpoena persons and require the production of books and other documents, and may request the department of regulation and licensing or the department of industry, labor and human relations development to exercise its authority under sub. (1) to aid in the investigation of alleged violations of this subchapter.

AB150, s. 4407 Section 4407. 159.03 (3) (b) of the statutes is amended to read:

AB150,1511,11 159.03 (3) (b) After the first meeting of the recycling market development board effective date of this paragraph .... [revisor inserts date], the board, the department, the department of development and the university of Wisconsin-extension shall enter into a memorandum of understanding setting forth each of their responsibilities in carrying out this state's activities relating to the marketing of materials recovered in recycling programs and the development of markets for these materials and the methods that they will use to cooperate in carrying out those activities.

AB150, s. 4408 Section 4408. 159.07 (2) of the statutes is amended to read:

AB150,1511,19 159.07 (2) Yard waste. Beginning on January 3, 1993, no person may dispose of yard waste in a solid waste disposal facility, except in a land spreading facility approved in accordance with ss. 144.43 to 144.47, or burn yard waste without energy recovery in a solid waste facility in this state, except that this prohibition does not apply to the burning of brush or other clean woody vegetative material that is no greater than 6 inches in diameter at a wood burning facility that is licensed or permitted under ch. 144.

AB150, s. 4409 Section 4409. 159.07 (7) (a) of the statutes is amended to read:

AB150,1511,25 159.07 (7) (a) The prohibitions in subs. (3) and (4) do not apply with respect to solid waste, except medical waste, as defined in par. (c) 1. cg., that is generated in a region that has an effective recycling program, as determined under s. 159.11, and, if the region is not in this state, the region is located in a state that has an effective siting program, as determined under s. 159.12.

AB150, s. 4410 Section 4410. 159.07 (7) (d) of the statutes is repealed and recreated to read:

AB150,1512,12 159.07 (7) (d) The department shall conduct a continuing review of markets for the materials listed in subs. (1m), (2), (3) and (4) that are recovered from solid waste, beneficial uses for those materials and technologies for managing the materials listed in subs. (1m), (2), (3) and (4) in solid waste. The department shall consider information submitted by any person that is relevant to this review. If the department finds, as a result of this review, that a prohibition in sub. (1m), (2), (3) or (4) is not feasible or practical with respect to a specific material, in light of the market for that material recovered from solid waste, beneficial uses for that material or technologies for managing that material in solid waste, and that the prohibition is not needed to achieve the goals of the state solid waste management policy in s. 159.05, the department may do one of the following:

AB150,1512,14 1. Promulgate a rule specifying the conditions under which the material may be disposed of, burned or converted into fuel in a solid waste facility.

AB150,1512,16 2. On a case-by-case basis, exempt specified persons from the prohibition under sub. (1m), (2), (3) or (4) with respect to the material.

AB150,1512,18 3. Authorize, for up to one year, the material to be disposed of, burned or converted into fuel in a solid waste facility.

AB150, s. 4411 Section 4411. 159.07 (7) (e) of the statutes is repealed.

AB150, s. 4412 Section 4412. 159.11 (1) of the statutes is amended to read:

AB150,1513,3 159.11 (1) Department review. Upon request of a responsible unit or an out-of-state unit, the department shall review documentation of the responsible unit's solid waste management program created under s. 159.09 (2) (a) or the out-of-state unit's solid waste management program and determine whether the program is an effective recycling program. The department shall complete its review and make a determination within 90 days after receiving the documentation. The department shall promulgate, by rule, its determination that an out-of-state unit's solid waste management program is an effective recycling program.

AB150, s. 4413 Section 4413. 159.11 (2m) (d) of the statutes is amended to read:

AB150,1513,9 159.11 (2m) (d) The department may grant a responsible unit with an effective recycling program a variance to a requirement in sub. (2) (b) or (er) for up to one year for a material identified in s. 159.07 (3) or (4) in the event of an unexpected emergency condition if the department takes action under s. 159.07 (7) (d) 1., 2. or 3. with respect to that material.

AB150, s. 4414 Section 4414. 159.12 of the statutes is repealed.

AB150, s. 4415 Section 4415. 159.17 (2) (intro.) of the statutes is amended to read:

AB150,1513,14 159.17 (2) Fee use plan. (intro.) The department shall promulgate, by rule, a statewide plan for the use of moneys appropriated under s. 20.370 (2) (dj) (dr) to accomplish all of the following:

AB150, s. 4416 Section 4416. 159.22 (title) of the statutes is repealed.

AB150, s. 4417 Section 4417. 159.22 (1) of the statutes is repealed.

AB150, s. 4418 Section 4418. 159.22 (2) (intro.) of the statutes is repealed.

AB150, s. 4419 Section 4419. 159.22 (2) (a) of the statutes is renumbered 159.42 (5).

AB150, s. 4420 Section 4420. 159.22 (2) (b) of the statutes is renumbered 159.42 (6).

AB150, s. 4421 Section 4421. 159.22 (2) (c) of the statutes, as affected by 1993 Wisconsin Act 75, is renumbered 159.42 (7).

AB150, s. 4422 Section 4422. 159.22 (2) (d) of the statutes is renumbered 159.42 (8).

AB150, s. 4423 Section 4423. 159.22 (2) (g) of the statutes is renumbered 159.42 (9).

AB150, s. 4424 Section 4424. 159.22 (2) (h) of the statutes is renumbered 159.42 (10).

AB150, s. 4425 Section 4425. 159.22 (2) (i) of the statutes is renumbered 159.42 (11).

AB150, s. 4426 Section 4426. 159.22 (2m) of the statutes is repealed.

AB150, s. 4427 Section 4427. 159.22 (3) of the statutes is repealed.

AB150, s. 4428 Section 4428. 159.22 (4) of the statutes is repealed.

AB150, s. 4429 Section 4429. 159.23 (5m) of the statutes is amended to read:

AB150,1514,7 159.23 (5m) Alternate process. The department shall establish, by rule, a process for distributing grants if the amount that would be awarded under sub. (5) or (5e) exceeds the amount of funds available under s. 20.370 (4) (cw) (6) (bq).

AB150, s. 4430 Section 4430. 159.23 (5s) (a) of the statutes is amended to read:

AB150,1514,11 159.23 (5s) (a) Beginning with grants for 1994, the department shall annually allocate 10% of the funds appropriated under s. 20.370 (4) (cw) (6) (bq) for supplemental grants under this subsection.

AB150, s. 4431 Section 4431. 159.25 (5) (a) of the statutes is amended to read:

AB150,1514,15 159.25 (5) (a) The department may enter into agreements with eligible applicants to make demonstration grants from the appropriation under s. 20.370 (4) (ct) (6) (br).

AB150, s. 4432 Section 4432. 159.40 (3) of the statutes is amended to read:

AB150,1514,19 159.40 (3) "Recovered material" means a material specified in s. 159.07 (3) by the board under s. 159.42 (4g) that is recovered from solid waste in a recycling program established under subch. II for recycling.

AB150, s. 4433 Section 4433. 159.42 (4g) of the statutes is created to read:

AB150,1514,24 159.42 (4g) Annually establish a list of materials recovered from solid waste for which financial assistance may be provided under this subchapter, which shall include the materials specified in s. 159.07 (3), based on the board's analysis of current and future markets for materials recovered from solid waste.

AB150, s. 4434 Section 4434. 159.42 (4r) of the statutes is created to read:

AB150,1515,2 159.42 (4r) Biennially, submit a report to the legislature under s. 13.172 (2) on recycling market development priorities.

AB150, s. 4435 Section 4435. 159.46 (3) of the statutes is amended to read:

AB150,1515,9 159.46 (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) 20.143 (1) (L).

AB150, s. 4436 Section 4436. 159.46 (4) of the statutes is amended to read:

AB150,1515,13 159.46 (4) In any biennium, the board may not expend more than 10% of the amount appropriated under s. 20.505 (4) (t) 20.143 (1) (tm) for that biennium for contracts with and financial assistance to responsible units.

AB150, s. 4437 Section 4437. 159.48 (title) of the statutes is amended to read:

AB150,1515,15 159.48 (title) Executive director and other staff Staff for the board.

AB150, s. 4438 Section 4438. 159.48 (1) of the statutes is repealed.

AB150, s. 4439 Section 4439. 159.48 (2) of the statutes is repealed.

AB150, s. 4440 Section 4440. 159.48 (3) of the statutes is renumbered 159.48 and amended to read:

AB150,1515,21 159.48 The secretary of development shall designate 2 employes of the department of development to shall provide staff for the board.

AB150, s. 4441 Section 4441. 160.01 (7) of the statutes is amended to read:

AB150,1516,3 160.01 (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.

AB150, s. 4442 Section 4442. 161.455 (1) of the statutes is amended to read:

AB150,1516,8 161.455 (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.

AB150, s. 4443 Section 4443. 161.46 (1) of the statutes is amended to read:

AB150,1516,15 161.46 (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.

AB150, s. 4444 Section 4444. 161.46 (2) of the statutes is amended to read:

AB150,1516,22 161.46 (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.

AB150, s. 4445 Section 4445. 161.46 (3) of the statutes is amended to read:

AB150,1517,5 161.46 (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.

AB150, s. 4446 Section 4446. 161.573 (2) of the statutes is amended to read:

AB150,1517,8 161.573 (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).

AB150, s. 4447 Section 4447. 161.574 (2) of the statutes is amended to read:

AB150,1517,11 161.574 (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).

AB150, s. 4448 Section 4448. 161.575 (1) of the statutes is amended to read:

AB150,1517,16 161.575 (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.

AB150, s. 4449 Section 4449. 161.575 (2) of the statutes is amended to read:

AB150,1517,19 161.575 (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).

AB150, s. 4450 Section 4450. 165.07 of the statutes is repealed.

AB150, s. 4451 Section 4451. 165.075 of the statutes is repealed.

AB150, s. 4452 Section 4452. 165.076 of the statutes is repealed.

AB150, s. 4453 Section 4453. 165.25 (1) of the statutes is amended to read:

AB150,1518,11 165.25 (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).

AB150, s. 4454 Section 4454. 165.25 (4) (a) of the statutes is amended to read:

AB150,1518,18 165.25 (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 parks and the department of employe trust funds, together with any other services, including stenographic and investigational, as are necessarily connected with the legal work.

AB150, s. 4455 Section 4455. 165.55 (10) (intro.) of the statutes is amended to read:

AB150,1519,3 165.55 (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:

AB150, s. 4456 Section 4456. 165.72 (3) of the statutes is amended to read:

AB150,1519,9 165.72 (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.

AB150, s. 4457 Section 4457. 165.72 (8) of the statutes is repealed.

AB150, s. 4458 Section 4458. 165.827 of the statutes is amended to read: