AB100-engrossed,1580,1714
(g) "Qualifying property" means real property owned in whole or in part by a
15public official, by a member of a public official's immediate family or by a family
16corporation in which a public official is a shareholder during the period of time public
17office was held.
AB100-engrossed,1580,1818
(h) "State public office" has the meaning given in s. 19.42 (13).
AB100-engrossed,1580,21
19(2) Representation upon request. The department of justice may provide legal
20representation to any person who requests the legal representation and who does all
21of the following:
AB100-engrossed,1580,2422
(a) Claims that title to qualifying property has been clouded by the false,
23fraudulent or frivolous filing, entry or recordation of any instrument relating to title
24during the period the affected real property was qualifying property.
AB100-engrossed,1581,2
1(b) Claims to be an owner in the qualifying property or a shareholder in a family
2corporation, if any, that owns the qualifying property.
AB100-engrossed,1581,43
(c) Agrees to the conditional payment of the costs of legal representation under
4sub. (5).
AB100-engrossed,1581,8
5(3) Actions to clear title. If it decides to provide legal representation under
6sub. (2), the department of justice shall bring the actions that are necessary to clear
7clouds upon title to qualifying property from false, fraudulent or frivolous filings,
8entries or recordations of instruments relating to title.
AB100-engrossed,1581,13
9(4) Required finding. As part of any action brought under this section, the
10court shall make a finding of whether the instrument relating to title that is claimed
11to create a cloud upon the title was filed, entered or recorded with the authorization,
12consent or approval of the owner of the qualifying property or of any creditor having
13an interest in the qualifying property.
AB100-engrossed,1581,21
14(5) Conditional payment of costs of representation. Each person making a
15request under sub. (2) shall, as part of that request, agree to pay the costs of legal
16representation provided by the department of justice, if the court makes a finding
17under sub. (4) that the instrument relating to title was filed, entered or recorded with
18the authorization, consent or approval of the owner of the qualifying property or of
19any creditor having an interest in the qualifying property. If the court does not make
20such a finding, the person may not be required to pay any of the costs of the legal
21representation.
AB100-engrossed,1582,2
22(6) If payment required. If, upon the completion of all proceedings, the person
23who made the request under sub. (2) is subject to conditional payment of the costs
24of legal representation provided by the department of justice under sub. (5), the
25department of justice may charge the person an amount not exceeding the total cost
1of the legal representation provided. All payments collected by the department
2under this subsection shall be deposited in the general fund.
AB100-engrossed,1582,4
3(7) Limitation on representation. The department of justice may represent
4persons under this section at the trial level only.
AB100-engrossed,1582,86
165.30
(1m) Generally. The department of justice shall represent the
7interests of and furnish legal services to departments relating to the collection of
8obligations.
AB100-engrossed,1582,1210
165.70
(3m) The attorney general shall establish a separate bureau in the
11division of criminal investigation in which all of the department's gaming law
12enforcement responsibilities under chs.
561 562 to 569 and 945 shall be performed.
AB100-engrossed,1582,1614
165.72
(7) Publicity. The department shall cooperate with the department of
15education public instruction in publicizing, in public schools, the use of the toll-free
16telephone number under sub. (2).
AB100-engrossed,1582,23
18165.755 Crime laboratories and drug law enforcement assessment. (1) 19(a) Except as provided in par. (b), beginning on October 1, 1997, or on the effective
20date of this paragraph .... [revisor inserts date], whichever is later, a court shall
21impose a crime laboratories and drug law enforcement assessment of $4 if the court
22imposes a sentence, places a person on probation or imposes a forfeiture for a
23violation of state law or for a violation of a municipal or county ordinance.
AB100-engrossed,1583,224
(b) A court may not impose the crime laboratories and drug law enforcement
25assessment under par. (a) for a violation of s. 101.123 (2) (a), (am) 1. or (bm) or (5) (b)
1or for a violation of a state law or municipal or county ordinance involving a
2nonmoving traffic violation or a safety belt use violation under s. 347.48 (2m).
AB100-engrossed,1583,6
3(2) If the court under sub. (1) (a) imposes a sentence or forfeiture for multiple
4offenses or places a person on probation for multiple offenses, a separate crime
5laboratories and drug law enforcement assessment shall be imposed for each
6separate offense.
AB100-engrossed,1583,10
7(3) Except as provided in sub. (4), after the court determines the amount due
8under sub. (1) (a), the clerk of the court shall collect and transmit the amount to the
9county treasurer under s. 59.40 (2) (m). The county treasurer shall then make
10payment to the state treasurer under s. 59.25 (3) (f) 2.
AB100-engrossed,1583,14
11(4) If a municipal court imposes a forfeiture, after determining the amount due
12under sub. (1) (a) the court shall collect and transmit such amount to the treasurer
13of the county, city, town or village, and that treasurer shall make payment to the state
14treasurer as provided in s. 66.12 (1) (b).
AB100-engrossed,1583,20
15(5) If any deposit of bail is made for a noncriminal offense to which sub. (1) (a)
16applies, the person making the deposit shall also deposit a sufficient amount to
17include the assessment prescribed in sub. (1) (a) for forfeited bail. If bail is forfeited,
18the amount of the assessment under sub. (1) (a) shall be transmitted monthly to the
19state treasurer under this section. If bail is returned, the assessment shall also be
20returned.
AB100-engrossed,1583,25
21(6) If an inmate in a state prison or a person sentenced to a state prison has
22not paid the crime laboratories and drug law enforcement assessment under sub. (1)
23(a), the department shall assess and collect the amount owed from the inmate's
24wages or other moneys. Any amount collected shall be transmitted to the state
25treasurer.
AB100-engrossed,1584,3
1(7) All moneys collected from crime laboratories and drug law enforcement
2assessments under this section shall be deposited by the state treasurer and used as
3specified in s. 20.455 (2) (kd) and (Lm).
AB100-engrossed,1584,11
5165.80 Cooperation with other state departments. For the purpose of
6coordinating the work of the crime laboratories with the research departments
7located in the university of Wisconsin, the attorney general and the university of
8Wisconsin may agree for the use of university laboratories and university physical
9facilities and the exchange and utilization of personnel between the crime
10laboratories and the university.
The university and crime laboratories cooperation
11council shall act in an advisory capacity to the attorney general.
AB100-engrossed,1584,16
13165.825 Information link; department of health and family services. 14The department of justice shall cooperate with the departments of regulation and
15licensing and health and family services in developing and maintaining a computer
16linkup to provide access to the information obtained from a criminal history search.
AB100-engrossed, s. 3103j
17Section 3103j. 165.83 (1) (c) of the statutes is renumbered 165.83 (1) (c) (intro.)
18and amended to read:
AB100-engrossed,1584,1919
165.83
(1) (c) (intro.) "Offense" means
an any of the following:
AB100-engrossed,1584,21
201. An act
which that is committed by a person who has attained the age of 17
21and that is a felony
, or a misdemeanor
or.
AB100-engrossed,1584,23
223. An act that is committed by any person and that is a violation of a city, county,
23village or town ordinance.
AB100-engrossed,1585,3
1165.83
(1) (c) 2. An act that is committed by a person who has attained the age
2of 10 but who has not attained the age of 17 and that would be a felony or
3misdemeanor if committed by an adult.
AB100-engrossed,1585,65
165.83
(2) (a) 1. For an offense which is a felony
or which would be a felony if
6committed by an adult.
AB100-engrossed,1585,148
165.83
(2) (a) 2. For an offense which is a misdemeanor
, which would be a
9misdemeanor if committed by an adult or
which is a violation of an ordinance
10involving, and the offense involves burglary tools, commercial gambling, dealing in
11gambling devices, contributing to the delinquency of a child, dealing in stolen
12property, controlled substances or controlled substance analogs under ch. 961,
13firearms, dangerous weapons, explosives, pandering, prostitution, sex offenses
14where children are victims, or worthless checks.
AB100-engrossed,1585,1716
165.83
(2) (a) 3. For an offense charged
or alleged as disorderly conduct but
17which relates to an act connected with one or more of the offenses under subd. 2.
AB100-engrossed,1585,2419
165.85
(2) (f) "Secure detention officer" means any person employed by any
20political subdivision of the state
or by any private entity contracting under s. 938.222 21to supervise, control or maintain a secure detention facility or the persons confined
22in a secure detention facility. "Secure detention officer" includes officers regardless
23of whether they have been sworn regarding their duties or whether they serve on a
24full-time basis.
AB100-engrossed,1586,7
1166.03
(2) (a) 5. Provide assistance to the Wisconsin wing of the civil air patrol
2from the appropriation under s. 20.465 (3)
(q) (f) for the purpose of enabling the patrol
3to perform its assigned missions and duties as prescribed by U.S. air force
4regulations. Expenses eligible for assistance are aircraft acquisition and
5maintenance, communications equipment acquisition and maintenance and office
6staffing and operational expenses. The civil air patrol shall submit vouchers for
7expenses eligible for assistance to the division.
AB100-engrossed,1586,1110
166.20
(2) (title)
Duties of the board division. (intro.) The
board division 11shall:
AB100-engrossed,1586,1513
166.20
(2) (bg) Promulgate rules establishing an amount not to exceed $6,000
14that may be an eligible cost for computers in an emergency planning grant under s.
15166.21 (2)
(bm) (br).
AB100-engrossed,1586,1917
166.20
(4) (a) Upon receipt of a notification under sub. (5) (a) 2. or s. 292.11 (2)
18of the release of a hazardous substance, provide all information contained in the
19notification to the
board division.
AB100-engrossed,1587,321
166.20
(4) (b) Have the same powers and duties at the time of a release of a
22hazardous substance as are given to it under s. 292.11, including the investigation
23of releases of hazardous substances, the repair of any environmental damage which
24results from the release and the recovery of costs from responsible parties. The
25department of natural resources may also, at the time of a release of a hazardous
1substance, identify and recommend to the
board division and the committee
2measures to lessen or mitigate anticipated environmental damage resulting from the
3release.
AB100-engrossed,1587,75
166.20
(4m) Cooperation. A state agency or local governmental unit may
6assist the
board division or a committee in the performance of its duties and may
7enter into an agreement with the
board division or a committee.
AB100-engrossed,1587,149
166.20
(5) (a) 2. All facilities in this state covered under
42 USC 11004 shall
10comply with the notification requirements of
42 USC 11004. Notification of the
11department of natural resources of the discharge of a hazardous substance under s.
12292.11 (2) shall constitute the notification of the
board division required under
42
13USC 11004 if the notification contains the information specified in
42 USC 11004 (b)
14(2) or (c).
AB100-engrossed,1587,2016
166.20
(5) (a) 5. The reporting procedures for trade secrets under
42 USC 11042 17shall apply to all facilities in this state subject to the requirements under subd. 1.,
183. or 4. For the purposes of applying this subdivision to public agencies and private
19agencies, the
board division shall have the powers and duties granted to the
20administrator of the U.S. environmental protection agency under
42 USC 11042.
AB100-engrossed,1587,2422
166.20
(5m) Furnishing information. If the
board division or a committee
23requests, in writing, information relating to the federal act or to this section, a facility
24shall furnish the information in the manner requested.
AB100-engrossed,1588,3
1166.20
(7) (a) (intro.) The board shall establish, by rule, the following fees at
2levels designed to fund the board's administrative expenses and the grants under s.
3166.21
and to repay the amount expended under s. 20.465 (3) (d):
AB100-engrossed, s. 3117bg
4Section 3117bg. 166.20 (7) (a) (intro.) of the statutes, as affected by 1997
5Wisconsin Act .... (this act), is repealed and recreated to read:
AB100-engrossed,1588,86
166.20
(7) (a) (intro.) The division shall establish, by rule, the following fees at
7levels designed to fund the division's administrative expenses and the grants under
8s. 166.21:
AB100-engrossed,1588,1410
166.20
(7) (b) The operator of a facility subject to the requirements of sub. (5)
11(a) 1. or 3. shall pay the fees under par. (a). The
board division may establish, by rule,
12a surcharge to be paid by the operator of a facility if the operator fails to pay the fees
13under par. (a) in a timely manner. The surcharge under this paragraph shall not
14exceed 20% of the original fee.
AB100-engrossed,1588,1916
166.20
(7g) (a) The
board division shall establish, by rule, fees to be paid
17annually to the department of transportation by persons that are required to file
18hazardous materials transportation registration statements with the federal
19department of transportation under 49 USC Appendix 1805 (c).
AB100-engrossed,1588,2221
166.20
(7g) (e) The
board division may, by rule, establish exemptions from the
22fees under par. (a).
AB100-engrossed,1589,524
166.20
(7m) (a) An authorized inspector of the
board division or the committee
25for the county in which a facility is located may enter and inspect any facility or any
1pertinent record relating to the facility at any reasonable time for the purpose of
2determining whether the facility is complying with this section and rules
3promulgated under this section. The
board division or committee, if requested, shall
4furnish to the operator of the facility a report setting forth all facts found which relate
5to compliance with this section and rules promulgated under this section.
AB100-engrossed,1589,107
166.20
(7m) (b) The
board division shall promulgate rules to specify how the
8board division or a committee may authorize inspectors for the purposes of par. (a).
9The rules shall include requirements for experience or training of individuals
10authorized to conduct inspections.
AB100-engrossed,1589,1812
166.20
(8) (a) The department of justice, at its own discretion or at the request
13of the
board division or the committee or district attorney for the county in which the
14violation is alleged to have occurred, shall enforce subs. (2) to (7) and rules
15promulgated under subs. (2) to (7). In any action commenced under this paragraph,
16the department of justice may request the assistance of the district attorney for the
17county in which the violation is alleged to have occurred and the district attorney
18shall provide the requested assistance.
AB100-engrossed,1589,2220
166.20
(9) (a) 1. c. The
board division for failure to render a decision in response
21to a petition under
42 USC 11042 (d), as applied under sub. (5) (a) 5., within 9 months
22after receipt of the petition.
AB100-engrossed,1590,3
1166.20
(9) (a) 1. d. The
board division for failure to provide a mechanism for
2public availability of information in accordance with
42 USC 11044 (a), as applied
3under sub. (2) (a).
AB100-engrossed,1590,65
166.20
(9) (a) 1. e. The
board division for failure to respond to a request for
6information under
42 USC 11022 (e) (3), as applied under sub. (2) (a).
AB100-engrossed,1590,98
166.20
(9) (a) 2. (intro.) The
board
division or any county, city, village or town
9may commence a civil action against any person for failure to do any of the following:
AB100-engrossed,1590,1211
166.20
(9) (a) 2. a. Provide notification to the
board division under
42 USC
1211002 (c), as applied under sub. (5) (a) 1.