AB150: Bill Text

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AB150, s. 4450 Section 4450. 165.07 of the statutes is repealed.

AB150, s. 4451 Section 4451. 165.075 of the statutes is repealed.

AB150, s. 4452 Section 4452. 165.076 of the statutes is repealed.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

AB150,1524,13 167.27 (8) Any violation of this section coming to the attention of the department of industry, labor and human relations development or municipal authorities shall be reported to the attorney general or district attorney for prosecution.

AB150, s. 4473 Section 4473. 168.01 of the statutes is amended to read:

AB150,1524,16 168.01 Definition. In this chapter "department" means the department of industry, labor and human relations development.

AB150, s. 4474 Section 4474. 168.05 (1) of the statutes is amended to read:

AB150,1525,3 168.05 (1) No petroleum product imported into and received in this state or received from a manufacturer or refiner or from a marine or pipeline terminal within this state may be unloaded from its original container except as provided under sub. (5), sold, offered for sale or used until a true sample of not less than 8 ounces is taken as provided in this chapter. This subsection does not apply if the department has previously inspected the petroleum product at the refinery, marine or pipeline terminal. Each person importing or receiving a petroleum product which has not been previously inspected shall notify the inspector in the person's district of the receipt thereof, and the inspector shall take a sample of the petroleum product. This subsection does not apply if the user receiving the petroleum product is exempted from departmental inspection under s. 168.07 (3).

AB150, s. 4475 Section 4475. 168.07 (3) of the statutes is repealed.

AB150, s. 4476 Section 4476. 168.08 (2) of the statutes is repealed.

AB150, s. 4477 Section 4477. 168.08 (3) of the statutes is repealed.

AB150, s. 4478 Section 4478. 168.08 (4) of the statutes is repealed.

AB150, s. 4479 Section 4479. 168.08 (5) of the statutes is repealed.

AB150, s. 4480 Section 4480. 168.10 of the statutes is amended to read:

AB150,1525,23 168.10 Access to records. Every agent or employe of any railroad company or other transportation company and every person transporting gasoline, gasoline-alcohol fuel blends, kerosene, other refined oils, fuel oils and petroleum distillates, having the custody of books or records showing the shipment or receipt of gasoline, gasoline-alcohol fuel blends, kerosene, or other refined oils, fuel oils and petroleum distillates shall give and permit the department and the inspectors; and, in regard to the fee under s. 168.12 (1), shall give and permit the department of revenue; free access to such books and records for the purpose of determining the amount of petroleum products shipped and received. All clerks, bookkeepers, express agents, railroad agents or officials, employes, or common carriers, or other persons shall render provide the department and the inspectors; and, in regard to the fee under s. 168.12 (1), shall provide the department of revenue; all information in their possession when so requested in tracing, finding, sampling and inspecting such shipments.

AB150, s. 4481 Section 4481. 168.11 (2) (d) of the statutes is amended to read:

AB150,1526,3 168.11 (2) (d) Containers of 275 gallons capacity or more. This provision does not exempt such containers from the identification requirements under ch. Ind 8, Wis. adm. code specified in rules promulgated by the department.

AB150, s. 4482 Section 4482. 168.12 (1) of the statutes is repealed and recreated to read:

AB150,1526,9 168.12 (1) Except as provided in subs. (1g) and (1r), there is imposed a petroleum inspection fee at the rate of 3 cents per gallon on all petroleum products that are received, as defined in s. 78.07, by a supplier, as defined in s. 78.005 (14), for sale in this state or for sale for export to this state. The fee shall be paid under s. 168.125 and shall be based on the number of gallons reported under s. 168.125.

AB150, s. 4483 Section 4483. 168.12 (1g) of the statutes is created to read:

AB150,1526,14 168.12 (1g) The fee under sub. (1) is not imposed on petroleum products that are shipped from storage at a refinery, marine terminal, pipeline terminal, pipeline tank farm or place of manufacture to a person for storage at another refinery, marine terminal, pipeline terminal, pipeline tank farm or place of manufacture.

AB150, s. 4484 Section 4484. 168.12 (1r) of the statutes is created to read:

AB150,1526,17 168.12 (1r) The fee under sub. (1) is not imposed on petroleum products exported from this state by a person who is licensed under sub. (7) or s. 78.09.

AB150, s. 4485 Section 4485. 168.12 (2) of the statutes is repealed.

AB150, s. 4486 Section 4486. 168.12 (3) of the statutes is repealed.

AB150, s. 4487 Section 4487. 168.12 (4) of the statutes is repealed.

AB150, s. 4488 Section 4488. 168.12 (6) of the statutes is repealed.

AB150, s. 4489 Section 4489. 168.12 (7) of the statutes is created to read:

AB150,1527,4 168.12 (7) No person may ship petroleum products into this state unless that person either has a license under s. 78.09 or obtains a petroleum products shipper license from the department of revenue by filing with that department an application prescribed and furnished by that department and verified by the owner of the business if the owner is an individual, by a member if the owner is an unincorporated association, by a partner if the owner is a partnership or by the president and secretary if the owner is a corporation.

AB150, s. 4490 Section 4490. 168.12 (8) of the statutes is created to read:

AB150,1527,17 168.12 (8) (a) To protect the revenues of this state, the department of revenue may require any person who is liable to that department for the fee under sub. (1) to place with it security in the amount that that department determines. The department of revenue may increase or decrease the amount of the security, but that amount may not exceed 3 times the person's average monthly liability for the fee under sub. (1) as estimated by that department. If any person fails to provide that security, the department of revenue may refuse to issue a license under sub. (7) or s. 78.09 or may revoke the person's license under sub. (7) or s. 78.09. If any taxpayer is delinquent in the payment of the fee under sub. (1), the department of revenue may, upon 10 days' notice, recover the fee, interest, penalties, costs and disbursements from the person's security. The department of revenue may not pay interest on any security deposit.

AB150,1527,20 (b) The security required under par. (a) may be a surety bond furnished to the department of revenue and payable to this state. The department of revenue shall prescribe the form and contents of the bond.

AB150,1528,5 (c) The surety of a bond under par. (b) may conditionally cancel the bond by filing written notice with the person who is liable for the fee under sub. (1) and with the department of revenue. A surety who files that notice is not discharged from any liability that has accrued or from any liability that accrues within 60 days after the filing. If the person who is liable for the fee under sub. (1) does not, within 60 days after receiving the notice, file with the department of revenue a new bond that is satisfactory to that department, that department shall revoke the person's license under sub. (7) or s. 78.09. If the person furnishes a new bond, the department of revenue shall cancel and surrender the old bond when it is satisfied that all liability under the old bond has been discharged.

AB150,1528,10 (d) If the liability on the bond is discharged or reduced or if the department of revenue determines that the bond is insufficient, that department shall require additional surety or new bonds. If any person who is liable for the fee under sub. (1) fails to file that additional bond within 5 days after the department of revenue provides written notice, that person's license under sub. (7) or s. 78.09 is revoked.

AB150,1528,13 (e) Suspension, revocation or cancellation of a license under sub. (7) or s. 78.09, partial recovery on the bond or execution of a new bond does not affect the validity of a bond under this subsection.

AB150, s. 4491 Section 4491. 168.12 (9) of the statutes is created to read:

AB150,1528,16 168.12 (9) Sections 78.65 to 78.74 and 78.79 to 78.81 as they apply to the taxes under ch. 78 apply to the fee under sub. (1).

AB150, s. 4492 Section 4492. 168.125 of the statutes is created to read:

AB150,1528,22 168.125 Reports; payment. Persons who are liable for the fee under this chapter shall state the number of gallons of petroleum products on which the fee is due and the amount of their liability for the fee in the reports under s. 78.12 (1) to (3). The requirement for payment of the motor vehicle fuel tax under s. 78.12 (5) apply to the fee under this chapter.

AB150, s. 4493 Section 4493. 168.13 of the statutes is amended to read:

AB150,1529,7 168.13 Required records. Every person receiving petroleum products in this state shall keep books and records of all petroleum products so received, together with bills of lading, waybills and other pertinent documents. Such books and records and other papers and documents shall, at all times during business hours of the day, be subject to inspection by the department and its inspectors, and are subject to inspection by the department of revenue in regard to the fee under s. 168.12 (1). Such books, records and other papers and documents shall be preserved for not less than 3 4 years, unless the department, in writing, authorizes their destruction or disposal at an earlier date.

AB150, s. 4494 Section 4494. 168.15 of the statutes is amended to read:

AB150,1529,12 168.15 Penalty. Every person who violates any provision of this chapter that is not related to the fee under s. 168.12 (1) shall forfeit not less than $10 nor more than $100 for each violation. Each day a person fails to comply with any provision of this chapter is a separate violation.