AB100-ASA1-AA1,295,4
1(g) "Qualifying property" means real property owned in whole or in part by a
2public official, by a member of a public official's immediate family or by a family
3corporation in which a public official is a shareholder during the period of time public
4office was held.
AB100-ASA1-AA1,295,55 (h) "State public office" has the meaning given in s. 19.42 (13).
AB100-ASA1-AA1,295,8 6(2) Representation upon request. The department of justice may provide legal
7representation to any person who requests the legal representation and who does all
8of the following:
AB100-ASA1-AA1,295,119 (a) Claims that title to qualifying property has been clouded by the false,
10fraudulent or frivolous filing, entry or recordation of any instrument relating to title
11during the period the affected real property was qualifying property.
AB100-ASA1-AA1,295,1312 (b) Claims to be an owner in the qualifying property or a shareholder in a family
13corporation, if any, that owns the qualifying property.
AB100-ASA1-AA1,295,1514 (c) Agrees to the conditional payment of the costs of legal representation under
15sub. (5).
AB100-ASA1-AA1,295,19 16(3) Actions to clear title. If it decides to provide legal representation under
17sub. (2), the department of justice shall bring the actions that are necessary to clear
18clouds upon title to qualifying property from false, fraudulent or frivolous filings,
19entries or recordations of instruments relating to title.
AB100-ASA1-AA1,295,24 20(4) Required finding. As part of any action brought under this section, the
21court shall make a finding of whether the instrument relating to title that is claimed
22to create a cloud upon the title was filed, entered or recorded with the authorization,
23consent or approval of the owner of the qualifying property or of any creditor having
24an interest in the qualifying property.
AB100-ASA1-AA1,296,8
1(5) Conditional payment of costs of representation. Each person making a
2request under sub. (2) shall, as part of that request, agree to pay the costs of legal
3representation provided by the department of justice, if the court makes a finding
4under sub. (4) that the instrument relating to title was filed, entered or recorded with
5the authorization, consent or approval of the owner of the qualifying property or of
6any creditor having an interest in the qualifying property. If the court does not make
7such a finding, the person may not be required to pay any of the costs of the legal
8representation.
AB100-ASA1-AA1,296,14 9(6) If payment required. If, upon the completion of all proceedings, the person
10who made the request under sub. (2) is subject to conditional payment of the costs
11of legal representation provided by the department of justice under sub. (5), the
12department of justice may charge the person an amount not exceeding the total cost
13of the legal representation provided. All payments collected by the department
14under this subsection shall be deposited in the general fund.
AB100-ASA1-AA1,296,16 15(7) Limitation on representation. The department of justice may represent
16persons under this section at the trial level only.".
AB100-ASA1-AA1,296,17 17903. Page 1374, line 10: after that line insert:
AB100-ASA1-AA1,296,18 18" Section 3101g. 165.80 of the statutes is amended to read:
AB100-ASA1-AA1,297,2 19165.80 Cooperation with other state departments. For the purpose of
20coordinating the work of the crime laboratories with the research departments
21located in the university of Wisconsin, the attorney general and the university of
22Wisconsin may agree for the use of university laboratories and university physical
23facilities and the exchange and utilization of personnel between the crime

1laboratories and the university. The university and crime laboratories cooperation
2council shall act in an advisory capacity to the attorney general.
".
AB100-ASA1-AA1,297,3 3904. Page 1374, line 10: after that line insert:
AB100-ASA1-AA1,297,5 4" Section 3103j. 165.83 (1) (c) of the statutes is renumbered 165.83 (1) (c)
5(intro.) and amended to read:
AB100-ASA1-AA1,297,66 165.83 (1) (c) (intro.) "Offense" means an any of the following:
AB100-ASA1-AA1,297,8 71. An act which that is committed by a person who has attained the age of 17
8and that
is a felony, or a misdemeanor or.
AB100-ASA1-AA1,297,10 93. An act that is committed by any person and that is a violation of a city, county,
10village or town ordinance.
AB100-ASA1-AA1, s. 3103k 11Section 3103k. 165.83 (1) (c) 2. of the statutes is created to read:
AB100-ASA1-AA1,297,1412 165.83 (1) (c) 2. An act that is committed by a person who has attained the age
13of 10 but who has not attained the age of 17 and that would be a felony or
14misdemeanor if committed by an adult.
AB100-ASA1-AA1, s. 3103L 15Section 3103L. 165.83 (2) (a) 1. of the statutes is amended to read:
AB100-ASA1-AA1,297,1716 165.83 (2) (a) 1. For an offense which is a felony or which would be a felony if
17committed by an adult
.
AB100-ASA1-AA1, s. 3103m 18Section 3103m. 165.83 (2) (a) 2. of the statutes is amended to read:
AB100-ASA1-AA1,298,219 165.83 (2) (a) 2. For an offense which is a misdemeanor , which would be a
20misdemeanor if committed by an adult
or which is a violation of an ordinance
21involving, and the offense involves burglary tools, commercial gambling, dealing in
22gambling devices, contributing to the delinquency of a child, dealing in stolen
23property, controlled substances or controlled substance analogs under ch. 961,

1firearms, dangerous weapons, explosives, pandering, prostitution, sex offenses
2where children are victims, or worthless checks.
AB100-ASA1-AA1, s. 3103n 3Section 3103n. 165.83 (2) (a) 3. of the statutes is amended to read:
AB100-ASA1-AA1,298,54 165.83 (2) (a) 3. For an offense charged or alleged as disorderly conduct but
5which relates to an act connected with one or more of the offenses under subd. 2.".
AB100-ASA1-AA1,298,6 6905. Page 1374, line 10: after that line insert:
AB100-ASA1-AA1,298,7 7" Section 3110m. 165.85 (2) (f) of the statutes is amended to read:
AB100-ASA1-AA1,298,138 165.85 (2) (f) "Secure detention officer" means any person employed by any
9political subdivision of the state or by any private entity contracting under s. 938.222
10to supervise, control or maintain a secure detention facility or the persons confined
11in a secure detention facility. "Secure detention officer" includes officers regardless
12of whether they have been sworn regarding their duties or whether they serve on a
13full-time basis.".
AB100-ASA1-AA1,298,14 14906. Page 1374, line 18: after that line insert:
AB100-ASA1-AA1,298,15 15" Section 3116p. 166.20 (1) (a) of the statutes is repealed.
AB100-ASA1-AA1, s. 3116r 16Section 3116r. 166.20 (2) (intro.) of the statutes is amended to read:
AB100-ASA1-AA1,298,1817 166.20 (2) (title) Duties of the board division. (intro.) The board division
18shall:".
AB100-ASA1-AA1,298,19 19907. Page 1374, line 22: after that line insert:
AB100-ASA1-AA1,298,20 20" Section 3116tc. 166.20 (4) (a) of the statutes is amended to read:
AB100-ASA1-AA1,298,2321 166.20 (4) (a) Upon receipt of a notification under sub. (5) (a) 2. or s. 292.11 (2)
22of the release of a hazardous substance, provide all information contained in the
23notification to the board division.
AB100-ASA1-AA1, s. 3116td 24Section 3116td. 166.20 (4) (b) of the statutes is amended to read:
AB100-ASA1-AA1,299,8
1166.20 (4) (b) Have the same powers and duties at the time of a release of a
2hazardous substance as are given to it under s. 292.11, including the investigation
3of releases of hazardous substances, the repair of any environmental damage which
4results from the release and the recovery of costs from responsible parties. The
5department of natural resources may also, at the time of a release of a hazardous
6substance, identify and recommend to the board division and the committee
7measures to lessen or mitigate anticipated environmental damage resulting from the
8release.
AB100-ASA1-AA1, s. 3116tf 9Section 3116tf. 166.20 (4m) of the statutes is amended to read:
AB100-ASA1-AA1,299,1210 166.20 (4m) Cooperation. A state agency or local governmental unit may
11assist the board division or a committee in the performance of its duties and may
12enter into an agreement with the board division or a committee.
AB100-ASA1-AA1, s. 3116th 13Section 3116th. 166.20 (5) (a) 2. of the statutes is amended to read:
AB100-ASA1-AA1,299,1914 166.20 (5) (a) 2. All facilities in this state covered under 42 USC 11004 shall
15comply with the notification requirements of 42 USC 11004. Notification of the
16department of natural resources of the discharge of a hazardous substance under s.
17292.11 (2) shall constitute the notification of the board division required under 42
18USC 11004
if the notification contains the information specified in 42 USC 11004 (b)
19(2) or (c).
AB100-ASA1-AA1, s. 3116tm 20Section 3116tm. 166.20 (5) (a) 5. of the statutes is amended to read:
AB100-ASA1-AA1,299,2521 166.20 (5) (a) 5. The reporting procedures for trade secrets under 42 USC 11042
22shall apply to all facilities in this state subject to the requirements under subd. 1.,
233. or 4. For the purposes of applying this subdivision to public agencies and private
24agencies, the board division shall have the powers and duties granted to the
25administrator of the U.S. environmental protection agency under 42 USC 11042.
AB100-ASA1-AA1, s. 3116ts
1Section 3116ts. 166.20 (5m) of the statutes is amended to read:
AB100-ASA1-AA1,300,42 166.20 (5m) Furnishing information. If the board division or a committee
3requests, in writing, information relating to the federal act or to this section, a facility
4shall furnish the information in the manner requested.".
AB100-ASA1-AA1,300,5 5908. Page 1375, line 3: after that line insert:
AB100-ASA1-AA1,300,7 6" Section 3117bg. 166.20 (7) (a) (intro.) of the statutes, as affected by 1997
7Wisconsin Act .... (this act), is repealed and recreated to read:
AB100-ASA1-AA1,300,108 166.20 (7) (a) (intro.) The division shall establish, by rule, the following fees at
9levels designed to fund the division's administrative expenses and the grants under
10s. 166.21:
AB100-ASA1-AA1, s. 3117bm 11Section 3117bm. 166.20 (7) (b) of the statutes is amended to read:
AB100-ASA1-AA1,300,1612 166.20 (7) (b) The operator of a facility subject to the requirements of sub. (5)
13(a) 1. or 3. shall pay the fees under par. (a). The board division may establish, by rule,
14a surcharge to be paid by the operator of a facility if the operator fails to pay the fees
15under par. (a) in a timely manner. The surcharge under this paragraph shall not
16exceed 20% of the original fee.
AB100-ASA1-AA1, s. 3117bp 17Section 3117bp. 166.20 (7g) (a) of the statutes is amended to read:
AB100-ASA1-AA1,300,2118 166.20 (7g) (a) The board division shall establish, by rule, fees to be paid
19annually to the department of transportation by persons that are required to file
20hazardous materials transportation registration statements with the federal
21department of transportation under 49 USC Appendix 1805 (c).
AB100-ASA1-AA1, s. 3117br 22Section 3117br. 166.20 (7g) (e) of the statutes is amended to read:
AB100-ASA1-AA1,300,2423 166.20 (7g) (e) The board division may, by rule, establish exemptions from the
24fees under par. (a).
AB100-ASA1-AA1, s. 3117bt
1Section 3117bt. 166.20 (7m) (a) of the statutes is amended to read:
AB100-ASA1-AA1,301,82 166.20 (7m) (a) An authorized inspector of the board division or the committee
3for the county in which a facility is located may enter and inspect any facility or any
4pertinent record relating to the facility at any reasonable time for the purpose of
5determining whether the facility is complying with this section and rules
6promulgated under this section. The board division or committee, if requested, shall
7furnish to the operator of the facility a report setting forth all facts found which relate
8to compliance with this section and rules promulgated under this section.
AB100-ASA1-AA1, s. 3117bu 9Section 3117bu. 166.20 (7m) (b) of the statutes is amended to read:
AB100-ASA1-AA1,301,1310 166.20 (7m) (b) The board division shall promulgate rules to specify how the
11board division or a committee may authorize inspectors for the purposes of par. (a).
12The rules shall include requirements for experience or training of individuals
13authorized to conduct inspections.
AB100-ASA1-AA1, s. 3117bw 14Section 3117bw. 166.20 (8) (a) of the statutes is amended to read:
AB100-ASA1-AA1,301,2115 166.20 (8) (a) The department of justice, at its own discretion or at the request
16of the board division or the committee or district attorney for the county in which the
17violation is alleged to have occurred, shall enforce subs. (2) to (7) and rules
18promulgated under subs. (2) to (7). In any action commenced under this paragraph,
19the department of justice may request the assistance of the district attorney for the
20county in which the violation is alleged to have occurred and the district attorney
21shall provide the requested assistance.
AB100-ASA1-AA1, s. 3117cd 22Section 3117cd. 166.20 (9) (a) 1. c. of the statutes is amended to read:
AB100-ASA1-AA1,301,2523 166.20 (9) (a) 1. c. The board division for failure to render a decision in response
24to a petition under 42 USC 11042 (d), as applied under sub. (5) (a) 5., within 9 months
25after receipt of the petition.
AB100-ASA1-AA1, s. 3117cf
1Section 3117cf. 166.20 (9) (a) 1. d. of the statutes is amended to read:
AB100-ASA1-AA1,302,42 166.20 (9) (a) 1. d. The board division for failure to provide a mechanism for
3public availability of information in accordance with 42 USC 11044 (a), as applied
4under sub. (2) (a).
AB100-ASA1-AA1, s. 3117ch 5Section 3117ch. 166.20 (9) (a) 1. e. of the statutes is amended to read:
AB100-ASA1-AA1,302,76 166.20 (9) (a) 1. e. The board division for failure to respond to a request for
7information under 42 USC 11022 (e) (3), as applied under sub. (2) (a).
AB100-ASA1-AA1, s. 3117cj 8Section 3117cj. 166.20 (9) (a) 2. (intro.) of the statutes is amended to read:
AB100-ASA1-AA1,302,109 166.20 (9) (a) 2. (intro.) The board division or any county, city, village or town
10may commence a civil action against any person for failure to do any of the following:
AB100-ASA1-AA1, s. 3117ck 11Section 3117ck. 166.20 (9) (a) 2. a. of the statutes is amended to read:
AB100-ASA1-AA1,302,1312 166.20 (9) (a) 2. a. Provide notification to the board division under 42 USC
1311002
(c), as applied under sub. (5) (a) 1.
AB100-ASA1-AA1, s. 3117cm 14Section 3117cm. 166.20 (9) (a) 3. of the statutes is amended to read:
AB100-ASA1-AA1,302,1815 166.20 (9) (a) 3. The board division or any committee may commence an action
16against any person for failure to provide the information required under 42 USC
1711003
(d), as applied under sub. (5) (a) 1. or any information required under 42 USC
1811022
(e) (1), as applied under sub. (5) (a) 3.
AB100-ASA1-AA1, s. 3117cp 19Section 3117cp. 166.20 (9) (b) 1. (intro.) of the statutes is amended to read:
AB100-ASA1-AA1,302,2220 166.20 (9) (b) 1. (intro.) No action may be commenced against any person other
21than the board division under this subsection under any of the following
22circumstances:
AB100-ASA1-AA1, s. 3117cq 23Section 3117cq. 166.20 (9) (b) 1. a. of the statutes is amended to read:
AB100-ASA1-AA1,302,2524 166.20 (9) (b) 1. a. If fewer than 60 days have elapsed since the plaintiff gave
25notice of the alleged violation to the board division and to the alleged violator.
AB100-ASA1-AA1, s. 3117cr
1Section 3117cr. 166.20 (9) (b) 2. of the statutes is amended to read:
AB100-ASA1-AA1,303,42 166.20 (9) (b) 2. No action may be commenced against the board division under
3this subsection if fewer than 60 days have elapsed since the plaintiff gave notice of
4the action to the board division.
AB100-ASA1-AA1, s. 3117ct 5Section 3117ct. 166.20 (11) (dg) of the statutes is amended to read:
AB100-ASA1-AA1,303,116 166.20 (11) (dg) Except as provided in this paragraph, any person who
7negligently makes a false statement or representation in any document provided by
8the operator of a facility or required to be maintained by the operator of a facility
9under the federal act, this section or rules promulgated under this section shall
10forfeit not less than $100 nor more than $25,000. This penalty does not apply to the
11board division, a committee or a member of the board division or a committee.
AB100-ASA1-AA1, s. 3117cw 12Section 3117cw. 166.21 (1) (b) of the statutes is amended to read:
AB100-ASA1-AA1,303,1513 166.21 (1) (b) Any committee may apply annually to the board division for an
14emergency planning grant. Applications shall be made in the manner specified by
15the board division.".
AB100-ASA1-AA1,303,16 16909. Page 1375, line 10: after that line insert:
AB100-ASA1-AA1,303,17 17" Section 3117g. 166.21 (2) (e) of the statutes is amended to read:
AB100-ASA1-AA1,303,1918 166.21 (2) (e) The portion of a previous year's costs that was approved by the
19board division but not paid because of insufficient funds.".
AB100-ASA1-AA1,303,20 20910. Page 1375, line 15: after that line insert:
AB100-ASA1-AA1,303,22 21" Section 3117kc. 166.21 (2m) (intro.) of the statutes, as affected by 1997
22Wisconsin Act .... (this act), is repealed and recreated to read:
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