AB150: Bill Text

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AB150, s. 4426 Section 4426. 159.22 (2m) of the statutes is repealed.

AB150, s. 4427 Section 4427. 159.22 (3) of the statutes is repealed.

AB150, s. 4428 Section 4428. 159.22 (4) of the statutes is repealed.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

AB150,1519,21 165.827 (title) Transaction information for the management of enforcement system; fees. In conjunction with the department of administration, 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 the appropriation account under s. 20.455 (2) (h).

AB150, s. 4459 Section 4459. 165.85 (4) (b) 1. of the statutes is amended to read:

AB150,1521,6 165.85 (4) (b) 1. No person may be appointed as a law enforcement or tribal law enforcement officer, except on a temporary or probationary basis, unless the person has satisfactorily completed a preparatory program of law enforcement training approved by the board and has been certified by the board as being qualified to be a law enforcement or tribal law enforcement officer. The program shall include 400 hours of training, except that the program for law enforcement officers who serve as rangers for the department of natural resources or the department of tourism and parks includes 240 hours of training. The board shall promulgate a rule under ch. 227 providing a specific curriculum for a 400-hour conventional program and a 240-hour ranger program. The rule shall ensure that there is an adequate amount of training for each program to enable the person to deal effectively with domestic abuse incidents. The training under this subdivision shall include training on emergency detention standards and procedures under s. 51.15, emergency protective placement standards and procedures under s. 55.06 (11) and information on mental health and developmental disabilities agencies and other resources that may be available to assist the officer in interpreting the emergency detention and emergency protective placement standards, making emergency detentions and emergency protective placements and locating appropriate facilities for the emergency detentions and emergency protective placements of persons. The period of temporary or probationary employment established at the time of initial employment shall not be extended by more than one year for an officer lacking the training qualifications required by the board. The total period during which a person may serve as a law enforcement and tribal law enforcement officer on a temporary or probationary basis without completing a preparatory program of law enforcement training approved by the board shall not exceed 2 years, except that the board shall permit part-time law enforcement and tribal law enforcement officers to serve on a temporary or probationary basis without completing a program of law enforcement training approved by the board to a period not exceeding 3 years. For purposes of this section, a part-time law enforcement or tribal law enforcement officer is a law enforcement or tribal law enforcement officer who routinely works not more than one-half the normal annual work hours of a full-time employe of the employing agency or unit of government. Law enforcement training programs including municipal, county and state programs meeting standards of the board are acceptable as meeting these training requirements.

AB150, s. 4460 Section 4460. 165.87 (1) (a) of the statutes is amended to read:

AB150,1521,12 165.87 (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.

AB150, s. 4461 Section 4461. 165.97 of the statutes is repealed.

AB150, s. 4462 Section 4462. 166.10 (intro.) of the statutes is amended to read:

AB150,1521,18 166.10 Preservation of essential public records. (intro.) The public records and forms board shall establish a system for the preservation of essential state public records necessary for the continuity of governmental functions in the event of enemy action or natural or man-made disasters. The board shall:

AB150, s. 4463 Section 4463. 166.20 (5) (a) 2. of the statutes is amended to read:

AB150,1522,2 166.20 (5) (a) 2. All facilities in this state covered under 42 USC 11004 shall comply with the notification requirements of 42 USC 11004. Notification of the department of natural resources of the discharge of a hazardous substance under s. 144.76 (2) shall constitute constitutes the notification of the board required under 42 USC 11004 if the notification is made immediately after the discharge occurs or is discovered and the notification contains the information specified in 42 USC 11004 (b) (2) or (c).

AB150, s. 4464 Section 4464. 167.10 (3) (b) 2. of the statutes is amended to read:

AB150,1522,6 167.10 (3) (b) 2. The possession or use of explosives in accordance with rules or general orders of the department of industry, labor and human relations development.

AB150, s. 4465 Section 4465. 167.10 (6m) (a) of the statutes is amended to read:

AB150,1522,11 167.10 (6m) (a) After June 30, 1985, no No person may manufacture in this state fireworks or a device listed under sub. (1) (e), (f) or (i) to (n) without a fireworks manufacturing license issued by the department of industry, labor and human relations development.

AB150, s. 4466 Section 4466. 167.10 (6m) (b) of the statutes is amended to read:

AB150,1522,16 167.10 (6m) (b) After June 30, 1985, no No person may manufacture in this state fireworks or a device listed under sub. (1) (e), (f) or (i) to (n) unless the person complies with the rules of the department of industry, labor and human relations development promulgated under par. (e).

AB150, s. 4467 Section 4467. 167.10 (6m) (c) of the statutes is amended to read:

AB150,1522,21 167.10 (6m) (c) Any person who, after June 30, 1985, manufactures in this state fireworks or a device listed under sub. (1) (e), (f) or (i) to (n) shall provide the department of industry, labor and human relations development with a copy of each federal license issued under 18 USC 843 to that person.

AB150, s. 4468 Section 4468. 167.10 (6m) (d) of the statutes is amended to read:

AB150,1523,4 167.10 (6m) (d) The department of industry, labor and human relations development shall issue a license to manufacture fireworks or devices listed under sub. (1) (e), (f) or (i) to (n) to a person who complies with the rules of the department promulgated under par. (e). The department may not issue a license to a person who does not comply with the rules promulgated under par. (e). The department may revoke a license under this subsection for the refusal to permit an inspection by the department or for a continuing violation of the rules promulgated under par. (e).

AB150, s. 4469 Section 4469. 167.10 (6m) (e) of the statutes is amended to read:

AB150,1523,9 167.10 (6m) (e) The department of industry, labor and human relations development shall promulgate rules to establish safety standards for the manufacture in this state of fireworks and devices listed under sub. (1) (e), (f) or (i) to (n). The rules may not take effect before July 1, 1985.

AB150, s. 4470 Section 4470. 167.11 (2) of the statutes is amended to read:

AB150,1523,12 167.11 (2) The department of industry, labor and human relations development shall, by rule, set forth the nature of such warning and shall enforce this section.

AB150, s. 4471 Section 4471. 167.27 (5) of the statutes is amended to read:

AB150,1524,8 167.27 (5) Whenever any mine shaft, exploration shaft or test well is abandoned or its use discontinued, the operator or contractor shall promptly fill same to grade or enclose the same with a fence of strong woven wire not less than 46 inches wide with one barbwire above or cap same with a reinforced concrete slab at least 6 inches thick or with a native boulder at least 3 times the diameter of the top of the shaft or test well bore. The strands of the woven wire shall not be smaller than No. 12 wire and the cross wires and meshes shall not be smaller than No. 16 wire; the strands shall not be more than 12 inches apart, and the meshes shall not exceed 8 inches square. All wires must be tightly stretched and securely fastened to sufficient posts firmly set not more than 8 feet apart. In case any person shall neglect to repair or rebuild such fence which the person is so required to build and maintain, any person may complain to the department of industry, labor and human relations development or to the local governing body, which shall give notice in writing to the person who is required to build and maintain such fence. The department of industry, labor and human relations development or the local governing body shall then proceed to examine the fence, and if it shall determine that such fence is insufficient, it shall notify the person responsible for its erection and maintenance and direct the person to repair or rebuild the fence within such time as it shall deem reasonable. Any person refusing to comply with such order shall be subject to the penalties provided.

AB150, s. 4472 Section 4472. 167.27 (8) of the statutes is amended to read: