Note: There is no conflict of substance. This provision was renumbered to s. 289.41
(1m) (b) 1 by Act 227.
Note: There is no conflict of substance. This provision was renumbered to s. 289.43
(7) (c) by Act 227.
AB378,145,129
292.11
(9) (d) 1. d. "Registered" means registered under the federal insecticide,
10fungicide, and rodenticide act, as amended (
7 USC 136 et
. seq.), and regulations
11issued under that act or registered under the rules of the department of agriculture,
12trade and consumer protection.
Note: Deletes unnecessary period.
Note: There is no conflict of substance. This provision was renumbered to s. 295.13
(1) by
1995 Wis. Act 227.
Note: There is no conflict of substance. This provision was renumbered to s. 295.13
(2) by
1995 Wis. Act 227.
AB378,146,17
3299.95 Enforcement; duty of department of justice; expenses. The
4attorney general shall enforce chs. 281 to 285 and 289 to 295 and this chapter, except
5ss.
, and 144.783 281.48, 285.57
and, 285.59
and 299.64, and all rules, special orders,
6licenses, plan approvals and permits of the department, except those promulgated
7or issued under ss.
, and 144.783 281.48, 285.57
and, 285.59
and 299.64. The circuit
8court for Dane county or for any other county where a violation occurred in whole or
9in part has jurisdiction to enforce chs. 281 to 285 and 289 to 295 or this chapter or
10the rule, special order, license, plan approval or permit by injunctional and other
11relief appropriate for enforcement. For purposes of this proceeding where chs. 281
12to 285 and 289 to 295 or this chapter or the rule, special order, license, plan approval
13or permit prohibits in whole or in part any pollution, a violation is
deemed considered 14a public nuisance. The department of natural resources may enter into agreements
15with the department of justice to assist with the administration of
chs. 281 to 285 and
16289 to 295 and this chapter. Any funds paid to the department of justice under these
17agreements shall be credited to the appropriation account under s. 20.455 (1) (k).
Note: This bill renumbers s. 144.783 to s. 299.64. References in this provision to
"this chapter" were changed by
1995 Wis. Act 227 to "chs. 281 to 285 and 289 to 295 and
this chapter" to reflect the replacement of ch. 144 with several new chapters. The last
reference was inadvertently retained.
AB378,147,220
299.97
(1) Any person who violates this chapter, except s.
144.78 (2), 144.783
21(2), 299.15 (1), 299.51 (4) (b)
or, 299.53 (2) (a) or (3)
, 299.62 (2) or 299.64 (2), or any
22rule promulgated or any plan approval, license or special order issued under this
23chapter, except under those sections, shall forfeit not less than $10 nor more than
1$5,000, for each violation. Each day of continued violation is a separate offense.
2While the order is suspended, stayed or enjoined, this penalty does not accrue.
Note: This bill renumbers ss. 144.78 and 144.783 to ss. 299.62 and 299.64.
AB378,147,135
301.03
(10) (c) Promote the enforcement of laws for the protection of delinquent
6children. To this end, the department shall cooperate with courts assigned to
7exercise jurisdiction under chs. 48 and 938, county departments under
s. ss. 46.215,
846.22 and 46.23 and licensed child welfare agencies and institutions in providing
9community-based programming, including in-home programming and intensive
10supervision, for delinquent children. The department shall also establish and
11enforce standards for the development and delivery of services provided by the
12department under ch. 938 in regard to
children juveniles who have been adjudicated
13delinquent.
Note: Replaces "children" with "juveniles" for consistency of references with
language of ch. 938.
AB378,147,2016
301.03
(10) (g) Keep statistics, by race, age and gender, of the number of
17juveniles over whom the court assigned to exercise jurisdiction under chs. 48 and 938
18waives its jurisdiction under s. 938.18 as well as the nature of the waiver
that was
19ordered and annually report those statistics to the governor, and to the appropriate
20standing committees under s. 13.172 (3).
Note: Inserts missing word.
Note: There is no conflict of substance.
AB378,148,17
6301.20 Training school for delinquent boys. The department, with the
7approval of the governor, may purchase or accept a gift of land for a suitable site for
8an additional training school for delinquent boys and erect and equip such buildings
9as it
deems considers necessary at such time as funds may be allocated for that
10purpose by the building commission. The training school or other additional
11facilities for delinquent boys financed by the authorized 1965-67 building program
12shall be located north of a line between La Crosse and Manitowoc. The department
13shall operate and maintain the institution for the treatment of delinquent boys who
14are placed under the supervision of the department under s. 938.34 (4h) or (4m). All
15laws pertaining to the care of
children juveniles received under s. 938.34 shall apply.
16Officers and employes of the institution are subject to the same laws as apply to other
17facilities described in s. 938.52.
Note: Replaces "children" with "juveniles" for consistency of references with
language of ch. 938.
AB378,149,420
301.26
(4) (bm) Notwithstanding par. (b), the county department under s.
2146.21, 46.22 or 46.23 of the county of residency of a
child juvenile who has been
22adjudicated delinquent by a court of another county or by a court of another
23multicounty jurisdiction may voluntarily assume liability for the costs payable
1under par. (a). A county department may assume liability under this paragraph by
2a written agreement signed by the director of the county department that assumes
3liability under this paragraph and the director of the county department that is
4otherwise liable under par. (b).
Note: Replaces "child" with "juvenile" for consistency of references with language
of ch. 938.
AB378,149,207
301.26
(4) (cm) 1. Notwithstanding pars. (a), (b) and (bm), the department shall
8transfer funds from the appropriation under s. 20.410 (3) (cg) to the appropriations
9under s. 20.410 (3) (hm), (ho) and (hr) for the purpose of reimbursing juvenile
10correctional institutions, secured child caring institutions, as defined in s. 938.02
11(15g), alternate care providers, aftercare supervision providers and corrective
12sanctions supervision providers for costs incurred beginning on July 1, 1996, for the
13care of any
child juvenile 14 years of age or over who has been placed in a juvenile
14correctional facility based on a delinquent act that is a violation of s. 939.31, 939.32
15(1) (a), 940.03, 940.21, 940.225 (1), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10
16(2), 943.23 (1g), (1m) or (1r), 943.32 (2), 948.02 (1), 948.025, 948.30 (2), 948.35 (1) (b)
17or 948.36 and for the care of any
child juvenile 10 years of age or over who has been
18placed in a juvenile correctional institution or a secured child caring institution for
19attempting or committing a violation of s. 940.01 or for committing a violation of s.
20940.02 or 940.05.
Note: Replaces "child" with "juvenile" for consistency of references with language
of ch. 938.
AB378,150,9
1301.26
(4) (cm) 2. Notwithstanding pars. (a), (b) and (bm), the department shall
2transfer funds from the appropriation under s. 20.410 (3) (cg) to the appropriations
3under s. 20.410 (3) (hm), (ho) and (hr) for the purpose of reimbursing juvenile
4correctional institutions, secured child caring institutions, as defined in s. 938.02
5(15g), alternate care providers, aftercare supervision providers and corrective
6sanctions supervision providers for costs incurred beginning on July 1, 1996, for the
7care of any
child juvenile 14 years of age or over and under 18 years of age who has
8been placed in a juvenile correctional facility under s. 48.366 based on a delinquent
9act that is a violation of s. 940.01, 940.02, 940.05 or 940.225 (1).
Note: Replaces "child" with "juvenile" for consistency of references with language
of ch. 938.
AB378,150,1612
301.26
(4) (e) For foster care, treatment foster care, group home care and
13institutional child care to delinquent
children juveniles under ss. 49.19 (10) (d),
14938.48 (4) and (14) and 938.52 all payments and deductions made under this
15subsection and uniform fee collections under s. 46.03 (18) shall be deposited in the
16appropriation under s. 20.410 (3) (ho).
Note: Replaces "children" with "juveniles" for consistency of references with
language of ch. 938.
AB378,151,219
301.26
(4) (f) For services under s. 51.35 (3), payments made under par. (d) for
20services to
children juveniles who are ineligible for medical assistance under subch.
21IV of ch. 49 and uniform fee collections under s. 46.03 (18) shall be deposited in the
22appropriation under s. 20.435 (2) (gk) and all other payments made under this
1subsection shall be deposited in the general fund and treated as a nonappropriated
2receipt.
Note: Replaces "children" with "juveniles" for consistency of references with
language of ch. 938 and this section, as affected by
1995 Wis. Act 77.
AB378,151,145
301.26
(7) (h) For counties that are participating in the corrective sanctions
6program under s. 938.533 (2), $1,062,400 in the last 6 months of 1996 and $1,062,400
7in the first 6 months of 1997 for the provision of corrective sanctions services for
8children juveniles from that county. In distributing funds to counties under this
9paragraph, the department shall determine a county's distribution by dividing the
10amount allocated under this paragraph by the number of slots authorized for the
11program under s. 938.533 (2) and multiplying the quotient by the number of slots
12allocated to that county by agreement between the department and the county. The
13department may transfer funds among counties as necessary to distribute funds
14based on the number of slots allocated to each county.
Note: Replaces "children" with "juveniles" for consistency of references with
language of ch. 938.
AB378,152,717
301.263
(3) The department shall distribute 33% of the amounts distributed
18under sub. (1) based on each county's proportion of the violent Part I juvenile arrests
19reported statewide under the uniform crime reporting system of the office of justice
20assistance in the department of administration, during the most recent 2-year
21period for which that information is available. The department shall distribute 33%
22of the amounts distributed under sub. (1) based on each county's proportion of the
1number of
children juveniles statewide who are placed in a juvenile correctional
2institution or a secured child caring institution, as defined in s. 938.02 (15g), during
3the most recent 2-year period for which that information is available. The
4department shall distribute 34% of the amounts distributed under sub. (1) based on
5each county's proportion of the total Part I juvenile arrests reported statewide under
6the uniform crime reporting system of the office of justice assistance, during the most
7recent 2-year period for which that information is available.
Note: Replaces "child" with "juvenile" for consistency of references with language
of ch. 938.
Note: There is no conflict of substance.
AB378,152,1712
302.38
(4) The governmental unit paying the costs of medical or hospital care
13under this section, regardless of whether the care is provided in or out of the jail or
14house of correction, may collect the value of the same from the prisoner or the
15prisoner's estate
as provided for in s. 49.08. If applicable, the governmental unit may
16proceed to collect under this section or may seek reimbursement under s. 302.372,
17but may not collect for the same expenses twice.
AB378,153,220
302.425
(2g) County departments and department; general authority. 21Subject to the limitations under sub. (3m), a county department or the department
1of may place in the home detention program any
child juvenile who is in its custody
2or under its supervision.
Note: Replaces "child" with "juvenile" for consistency of references with language
of ch. 938 and this chapter, as affected by
1995 Wis. Act 77. Deletes unnecessary word.
Note: There is no conflict of substance.
AB378,153,177
302.425
(3m) (title)
Placement of a
child juvenile in the program. The
8department or, upon the agreement of the department, the county department may
9place the
child juvenile in the home detention program and provide that the
child 10juvenile be detained at the
child's
juvenile's place of residence or other place
11designated by the department or the county department and be monitored by an
12active electronic monitoring system. The department or the county department shall
13provide reasonable terms of detention and ensure that the
child juvenile receives a
14written statement of those terms, including a description of the detention monitoring
15procedures and requirements and of any applicable liability issues. The terms may
16include a requirement that the
child juvenile or his or her parent or guardian pay the
17county or state a daily fee to cover the costs associated with monitoring him or her.
Note: Replaces "child" with "juvenile" for consistency of references with language
of ch. 938 and this chapter, as affected by
1995 Wis. Act 77.
AB378,154,520
302.425
(4) Departmental duties. The department shall ensure that electronic
21monitoring equipment units are available, pursuant to contractual agreements with
22county sheriffs and county departments, throughout the state on an equitable basis.
1If a prisoner is chosen under sub. (3) or a
child juvenile is chosen under sub. (3m) to
2participate in the home detention program, the department shall install and monitor
3electronic monitoring equipment. The department shall charge the county a daily
4per prisoner fee or per
child juvenile fee, whichever is applicable, to cover the
5department's costs for these services.
Note: Replaces "child" with "juvenile" for consistency of references with language
of ch. 938 and this chapter, as affected by
1995 Wis. Act 77.
AB378,154,128
341.03
(1) Prohibition. No person may operate or knowingly permit the
9operation of a motor vehicle if the registration for that vehicle is suspended, revoked
10or canceled under s.
144.42 285.30 (6) (d) or 342.255, ch. 344 or this chapter, or if the
11registration for that vehicle is suspended, canceled or revoked under the law of
12another jurisdiction.
Note: Inserts correct cross-reference. Section 144.42 was renumbered to s. 285.30
by
1995 Wis. Act 227.
AB378, s. 421
13Section
421. 341.308 (1) of the statutes is amended to read:
AB378,154,1614
341.308
(1) The owner of a fleet of 100 or more trailers, each having a gross
15weight
or of 4,500 pounds or less and used for hire or rental, may register the trailers
16for a 6-year period under this section.
AB378,155,619
343.10
(1) (a) If a person's license or operating privilege is revoked or
20suspended under this chapter or s.
or 767.303
or 961.50 and if the person is engaged
21in an occupation, including homemaking or full-time or part-time study, or a trade
22making it essential that he or she operate a motor vehicle, the person, after payment
1of the fee provided in sub. (6), may file an application with the department setting
2forth in detail the need for operating a motor vehicle. No person may file more than
3one application with respect to each revocation or suspension of the person's license
4or operating privilege under this chapter or s.
161.50
767.303 or 961.50, except that
5this limitation does not apply to an application to amend an occupational license
6restriction.
Note: Corrects syntax that resulted from the treatments by
1995 Wis. Acts 401 and
448 and corrects cross-reference resulting from Act 269.
AB378,155,149
343.10
(2) (a) 1. Except for a revocation or suspension that arose out of the same
10incident or occurrence for which the person's license or operating privilege is
11currently revoked or suspended, the person's license or operating privilege was not
12revoked or suspended previously under this chapter or ch. 344 or s.
161.50 961.50 13within the one-year period immediately preceding the present revocation or
14suspension, except as provided in s. 344.40.
Note: Inserts correct cross-reference. Section 161.50 was renumbered to s. 961.50
by
1995 Wis. Act 448.
Note: There is no conflict of substance.
Note: There is no conflict of substance.
AB378,156,53
343.10
(5) (b)
Limitations. Occupational licenses are subject to the limitations
4specified in ss. 343.30 (1q) (b) and (h), 343.305 (8) (d) and (10) (b) and (em), 343.31
5(3m), 343.32 (1m)
and, 767.303 and 961.50.
Note: Corrects phrasing that resulted from merging the treatment by Wis. Acts
401 and 448.
AB378,156,98
343.10
(6) Fee. No person may file an application for an occupational license
9under sub. (1) unless he or she first pays a fee of $40 to the department
59.25 (3) (m).
Note: There is no conflict of substance.