1997 Wisconsin Act 27

27,3092c Section 3092c. 165.08 of the statutes is amended to read:

165.08 Power to compromise. Any civil action prosecuted by the department by direction of any officer, department, board or commission, shall be compromised or discontinued when so directed by such officer, department, board or commission. Any civil action prosecuted by the department on the initiative of the attorney general, or at the request of any individual may be compromised or discontinued with the approval of the governor, except that a civil action prosecuted by the department under s. 165.251 may be compromised or discontinued only with the approval of the person who requested legal representation from the department. In any criminal action prosecuted by the attorney general, the department shall have the same powers with reference to such action as are vested in district attorneys.

27,3094 Section 3094 . 165.25 (3r) of the statutes is amended to read:

165.25 (3r) Avoid conflict of interest. Require that attorneys in different organizational subunits in the department prosecute violations of chs. 561 562 to 569 or Indian gaming compacts entered into under s. 14.035 and defend any department, agency, official, employe or agent under subs. (1), (4) (a) and (6).

27,3094g Section 3094g. 165.251 of the statutes is created to read:

165.251 Actions to clear title. (1) Definitions. In this section:

(a) “Family corporation" means a corporation qualifying under s. 182.001 (1) (a).

(b) “Immediate family" means persons related as spouses, as siblings or as parent and child.

(c) “Instrument relating to title" includes a deed, mortgage, lien, claim of lien, judgment or lis pendens.

(d) “Local public office" has the meaning given in s. 19.42 (7w).

(e) “Public office" means local public office or state public office.

(f) “Public official" means a person holding a public office.

(g) “Qualifying property" means real property owned in whole or in part by a public official, by a member of a public official's immediate family or by a family corporation in which a public official is a shareholder during the period of time public office was held.

(h) “State public office" has the meaning given in s. 19.42 (13).

(2) Representation upon request. The department of justice may provide legal representation to any person who requests the legal representation and who does all of the following:

(a) Claims that title to qualifying property has been clouded by the false, fraudulent or frivolous filing, entry or recordation of any instrument relating to title during the period the affected real property was qualifying property.

(b) Claims to be an owner in the qualifying property or a shareholder in a family corporation, if any, that owns the qualifying property.

(c) Agrees to the conditional payment of the costs of legal representation under sub. (5).

(3) Actions to clear title. If it decides to provide legal representation under sub. (2), the department of justice shall bring the actions that are necessary to clear clouds upon title to qualifying property from false, fraudulent or frivolous filings, entries or recordations of instruments relating to title.

(4) Required finding. As part of any action brought under this section, the court shall make a finding of whether the instrument relating to title that is claimed to create a cloud upon the title was filed, entered or recorded with the authorization, consent or approval of the owner of the qualifying property or of any creditor having an interest in the qualifying property.

(5) Conditional payment of costs of representation. Each person making a request under sub. (2) shall, as part of that request, agree to pay the costs of legal representation provided by the department of justice, if the court makes a finding under sub. (4) that the instrument relating to title was filed, entered or recorded with the authorization, consent or approval of the owner of the qualifying property or of any creditor having an interest in the qualifying property. If the court does not make such a finding, the person may not be required to pay any of the costs of the legal representation.

(6) If payment required. If, upon the completion of all proceedings, the person who made the request under sub. (2) is subject to conditional payment of the costs of legal representation provided by the department of justice under sub. (5), the department of justice may charge the person an amount not exceeding the total cost of the legal representation provided. All payments collected by the department under this subsection shall be deposited in the general fund.

(7) Limitation on representation. The department of justice may represent persons under this section at the trial level only.

27,3096m Section 3096m. 165.30 (1m) of the statutes is created to read:

165.30 (1m) Generally. The department of justice shall represent the interests of and furnish legal services to departments relating to the collection of obligations.

27,3097 Section 3097 . 165.70 (3m) of the statutes is amended to read:

165.70 (3m) The attorney general shall establish a separate bureau in the division of criminal investigation in which all of the department's gaming law enforcement responsibilities under chs. 561 562 to 569 and 945 shall be performed.

27,3099 Section 3099 . 165.72 (7) of the statutes is amended to read:

165.72 (7) Publicity. The department shall cooperate with the department of education public instruction in publicizing, in public schools, the use of the toll-free telephone number under sub. (2).

27,3100 Section 3100 . 165.755 of the statutes is created to read:

165.755 Crime laboratories and drug law enforcement assessment. (1) (a) Except as provided in par. (b), beginning on October 1, 1997, or on the effective date of this paragraph .... [revisor inserts date], whichever is later, a court shall impose a crime laboratories and drug law enforcement assessment of $4 if the court imposes a sentence, places a person on probation or imposes a forfeiture for a violation of state law or for a violation of a municipal or county ordinance.

(b) A court may not impose the crime laboratories and drug law enforcement assessment under par. (a) for a violation of s. 101.123 (2) (a), (am) 1. or (bm) or (5) (b) or for a violation of a state law or municipal or county ordinance involving a nonmoving traffic violation or a safety belt use violation under s. 347.48 (2m).

(2) If the court under sub. (1) (a) imposes a sentence or forfeiture for multiple offenses or places a person on probation for multiple offenses, a separate crime laboratories and drug law enforcement assessment shall be imposed for each separate offense.

(3) Except as provided in sub. (4), after the court determines the amount due under sub. (1) (a), the clerk of the court shall collect and transmit the amount to the county treasurer under s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer under s. 59.25 (3) (f) 2.

(4) If a municipal court imposes a forfeiture, after determining the amount due under sub. (1) (a) the court shall collect and transmit such amount to the treasurer of the county, city, town or village, and that treasurer shall make payment to the state treasurer as provided in s. 66.12 (1) (b).

(5) If any deposit of bail is made for a noncriminal offense to which sub. (1) (a) applies, the person making the deposit shall also deposit a sufficient amount to include the assessment prescribed in sub. (1) (a) for forfeited bail. If bail is forfeited, the amount of the assessment under sub. (1) (a) shall be transmitted monthly to the state treasurer under this section. If bail is returned, the assessment shall also be returned.

(6) If an inmate in a state prison or a person sentenced to a state prison has not paid the crime laboratories and drug law enforcement assessment under sub. (1) (a), the department shall assess and collect the amount owed from the inmate's wages or other moneys. Any amount collected shall be transmitted to the state treasurer.

(7) All moneys collected from crime laboratories and drug law enforcement assessments under this section shall be deposited by the state treasurer and used as specified in s. 20.455 (2) (kd) and (Lm).

27,3101g Section 3101g. 165.80 of the statutes is amended to read:

165.80 Cooperation with other state departments. For the purpose of coordinating the work of the crime laboratories with the research departments located in the university of Wisconsin, the attorney general and the university of Wisconsin may agree for the use of university laboratories and university physical facilities and the exchange and utilization of personnel between the crime laboratories and the university. The university and crime laboratories cooperation council shall act in an advisory capacity to the attorney general.

27,3101m Section 3101m. 165.825 of the statutes is created to read:

165.825 Information link; department of health and family services. The department of justice shall cooperate with the departments of regulation and licensing and health and family services in developing and maintaining a computer linkup to provide access to the information obtained from a criminal history search.

27,3103j Section 3103j. 165.83 (1) (c) of the statutes is renumbered 165.83 (1) (c) (intro.) and amended to read:

165.83 (1) (c) (intro.) “Offense" means an any of the following:

1. An act which that is committed by a person who has attained the age of 17 and that is a felony, or a misdemeanor or.

3. An act that is committed by any person and that is a violation of a city, county, village or town ordinance.

27,3103k Section 3103k. 165.83 (1) (c) 2. of the statutes is created to read:

165.83 (1) (c) 2. An act that is committed by a person who has attained the age of 10 but who has not attained the age of 17 and that would be a felony or misdemeanor if committed by an adult.

27,3103L Section 3103L. 165.83 (2) (a) 1. of the statutes is amended to read:

165.83 (2) (a) 1. For an offense which is a felony or which would be a felony if committed by an adult.

27,3103m Section 3103m. 165.83 (2) (a) 2. of the statutes is amended to read:

165.83 (2) (a) 2. For an offense which is a misdemeanor, which would be a misdemeanor if committed by an adult or which is a violation of an ordinance involving, and the offense involves burglary tools, commercial gambling, dealing in gambling devices, contributing to the delinquency of a child, dealing in stolen property, controlled substances or controlled substance analogs under ch. 961, firearms, dangerous weapons, explosives, pandering, prostitution, sex offenses where children are victims, or worthless checks.

27,3103n Section 3103n. 165.83 (2) (a) 3. of the statutes is amended to read:

165.83 (2) (a) 3. For an offense charged or alleged as disorderly conduct but which relates to an act connected with one or more of the offenses under subd. 2.

27,3110m Section 3110m. 165.85 (2) (f) of the statutes is amended to read:

165.85 (2) (f) “Secure detention officer" means any person employed by any political subdivision of the state or by any private entity contracting under s. 938.222 to supervise, control or maintain a secure detention facility or the persons confined in a secure detention facility. “Secure detention officer" includes officers regardless of whether they have been sworn regarding their duties or whether they serve on a full-time basis.

27,3115t Section 3115t. 165.87 (1) (bn) of the statutes is amended to read:

165.87 (1) (bn) Five twenty-seconds of all moneys collected from penalty assessments under this section shall be credited to the appropriation account under and utilized in accordance with s. 20.505 (6) (g), except for moneys transferred to ss. 20.435 (3) (jk) 20.410 (3) (kj) and 20.505 (6) (h). In regard to any grant to any local unit of government for which the state is providing matching funds from moneys under this paragraph, the local unit of government shall provide matching funds equal to at least 10%.

27,3116m Section 3116m. 166.03 (2) (a) 5. of the statutes is amended to read:

166.03 (2) (a) 5. Provide assistance to the Wisconsin wing of the civil air patrol from the appropriation under s. 20.465 (3) (q) (f) for the purpose of enabling the patrol to perform its assigned missions and duties as prescribed by U.S. air force regulations. Expenses eligible for assistance are aircraft acquisition and maintenance, communications equipment acquisition and maintenance and office staffing and operational expenses. The civil air patrol shall submit vouchers for expenses eligible for assistance to the division.

27,3116p Section 3116p. 166.20 (1) (a) of the statutes is repealed.

27,3116r Section 3116r. 166.20 (2) (intro.) of the statutes is amended to read:

166.20 (2) (title) Duties of the board division. (intro.) The board division shall:

27,3116s Section 3116s. 166.20 (2) (bg) of the statutes is amended to read:

166.20 (2) (bg) Promulgate rules establishing an amount not to exceed $6,000 that may be an eligible cost for computers in an emergency planning grant under s. 166.21 (2) (bm) (br).

27,3116tc Section 3116tc. 166.20 (4) (a) of the statutes is amended to read:

166.20 (4) (a) Upon receipt of a notification under sub. (5) (a) 2. or s. 292.11 (2) of the release of a hazardous substance, provide all information contained in the notification to the board division.

27,3116td Section 3116td. 166.20 (4) (b) of the statutes is amended to read:

166.20 (4) (b) Have the same powers and duties at the time of a release of a hazardous substance as are given to it under s. 292.11, including the investigation of releases of hazardous substances, the repair of any environmental damage which results from the release and the recovery of costs from responsible parties. The department of natural resources may also, at the time of a release of a hazardous substance, identify and recommend to the board division and the committee measures to lessen or mitigate anticipated environmental damage resulting from the release.

27,3116tf Section 3116tf. 166.20 (4m) of the statutes is amended to read:

166.20 (4m) Cooperation. A state agency or local governmental unit may assist the board division or a committee in the performance of its duties and may enter into an agreement with the board division or a committee.

27,3116th Section 3116th. 166.20 (5) (a) 2. of the statutes is amended to read:

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. 292.11 (2) shall constitute the notification of the board division required under 42 USC 11004 if the notification contains the information specified in 42 USC 11004 (b) (2) or (c).

27,3116tm Section 3116tm. 166.20 (5) (a) 5. of the statutes is amended to read:

166.20 (5) (a) 5. The reporting procedures for trade secrets under 42 USC 11042 shall apply to all facilities in this state subject to the requirements under subd. 1., 3. or 4. For the purposes of applying this subdivision to public agencies and private agencies, the board division shall have the powers and duties granted to the administrator of the U.S. environmental protection agency under 42 USC 11042.

27,3116ts Section 3116ts. 166.20 (5m) of the statutes is amended to read:

166.20 (5m) Furnishing information. If the board division or a committee requests, in writing, information relating to the federal act or to this section, a facility shall furnish the information in the manner requested.

27,3117 Section 3117 . 166.20 (7) (a) (intro.) of the statutes is amended to read:

166.20 (7) (a) (intro.) The board shall establish, by rule, the following fees at levels designed to fund the board's administrative expenses and the grants under s. 166.21 and to repay the amount expended under s. 20.465 (3) (d):

27,3117bg Section 3117bg. 166.20 (7) (a) (intro.) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

166.20 (7) (a) (intro.) The division shall establish, by rule, the following fees at levels designed to fund the division's administrative expenses and the grants under s. 166.21:

27,3117bm Section 3117bm. 166.20 (7) (b) of the statutes is amended to read:

166.20 (7) (b) The operator of a facility subject to the requirements of sub. (5) (a) 1. or 3. shall pay the fees under par. (a). The board division may establish, by rule, a surcharge to be paid by the operator of a facility if the operator fails to pay the fees under par. (a) in a timely manner. The surcharge under this paragraph shall not exceed 20% of the original fee.

27,3117bp Section 3117bp. 166.20 (7g) (a) of the statutes is amended to read:

166.20 (7g) (a) The board division shall establish, by rule, fees to be paid annually to the department of transportation by persons that are required to file hazardous materials transportation registration statements with the federal department of transportation under 49 USC Appendix 1805 (c).

27,3117br Section 3117br. 166.20 (7g) (e) of the statutes is amended to read:

166.20 (7g) (e) The board division may, by rule, establish exemptions from the fees under par. (a).

27,3117bt Section 3117bt. 166.20 (7m) (a) of the statutes is amended to read:

166.20 (7m) (a) An authorized inspector of the board division or the committee for the county in which a facility is located may enter and inspect any facility or any pertinent record relating to the facility at any reasonable time for the purpose of determining whether the facility is complying with this section and rules promulgated under this section. The board division or committee, if requested, shall furnish to the operator of the facility a report setting forth all facts found which relate to compliance with this section and rules promulgated under this section.