SB357: Bill Text

3. Appeal administrative rulings to the courts.

The bill requires DNR personnel to notify the public intervenor of all administrative proceedings under the environmental protection chapters and to make such investigations, studies and reports to assist the public intervenor either before or during such formal intervention.

The bill also requires the attorney general to appoint a public intervenor advisory council consisting of seven to nine members who have a background in or demonstrated experience or records relating to environmental protection or natural resource conservation. In addition, at least one member must have working knowledge of business and at least one member must have knowledge of agriculture. The advisory committee must hold open, publicized meetings and must advise the public intervenor consistent with his or her duties.

The bill requires DNR to transfer to DOJ all assets, liabilities and tangible personal property, including records, of the public intervenor that were transferred from DOJ to DNR by 1995 Wisconsin Act 27.

The bill authorizes two attorney positions in DOJ and appropriates $241,400 to DOJ for fiscal year 2000-01 for the purposes of the public intervenor.

Consumer protection

Under current law, the department of agriculture, trade and consumer protection (DATCP) administers and enforces certain consumer protection and trade practice laws. In administering and enforcing these laws, DATCP either has exclusive authority or joint authority, with DOJ having a secondary role. These laws include laws relating to fraudulent drug advertising, methods of competition and trade practices, motor vehicle rustproofing warranties, telecommunications services, sale of cleaning agents and water conditioners containing phosphorus, sale of products containing or made with ozone-depleting substances, ticket refunds, dating service contracts, fitness center and weight reduction center contracts, pawnbrokers and secondhand article and jewelry dealers, prize notices, mail-order sales, time-share ownerships, motor fuel dealerships, prepaid maintenance liens, self-service storage facilities, rental of private passenger vehicles, future service plans, and cable television subscriber rights.

This bill transfers either all of or part of the administrative and enforcement authority for these laws that DATCP has under current law to DOJ. For those laws for which DATCP and DOJ have joint authority under the bill, DATCP has a secondary role in their enforcement and administration.

Board of agriculture, trade and consumer protection

Under current law, there are nine members on the board of agriculture, trade and consumer protection, seven of whom have backgrounds in agriculture and two of whom are consumer representatives. This bill eliminates the two consumer representative members.

State finance

Under current law, all money received by the state from receipts on national forest lands must be distributed to school districts in accordance with the number of acres of national forest land located within the school district boundaries. This requirement was imposed by 1999 Wisconsin Act 9 (the biennial budget bill). Before the enactment of 1999 Wisconsin Act 9, all money received by the state from receipts on national forest lands was required to be distributed to towns in accordance with the number of acres of national forest land located within the town boundaries. Any town that received any of these moneys was required to expend at least 50% of the moneys on public roads in the town. This bill restores the law to the way it was before the enactment of 1999 Wisconsin Act 9.

Taxation

Income taxation

Under current law, an individual may not receive the individual income tax school property tax rent credit for taxable years beginning after December 31, 1998. This bill allows an individual to claim and receive the credit for property taxes paid, or rent constituting property taxes paid, on the individual's principal dwelling during the taxable year to which the claim relates. The credit may be claimed for taxable years beginning after December 31, 1999.

Under the bill, the credit that may be claimed by an individual is 10% of the first $2,000 of property taxes accrued or rent constituting property taxes, or 10% of the first $1,000 of property taxes accrued or rent constituting property taxes for a married person filing separately. The credit is nonrefundable, meaning that it may be claimed only up to the amount of a claimant's tax liability.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB357, s. 1 Section 1. 6.18 of the statutes is amended to read:

SB357,28,10 6.18 Former residents. If ineligible to qualify as an elector in the state to which the elector has moved, any former qualified Wisconsin elector may vote an absentee ballot in the ward of the elector's prior residence in any presidential election occurring within 24 months after leaving Wisconsin by requesting an application form and returning it, properly executed, to the municipal clerk of the elector's prior Wisconsin residence. When requesting an application form for an absentee ballot, the applicant shall specify the applicant's eligibility for only the presidential ballot. The application form shall require the following information and be in substantially the following form:

SB357,28,14 This blank shall be returned to the municipal clerk's office. Application must be received in sufficient time for ballots to be mailed and returned prior to any presidential election at which applicant wishes to vote. Complete all statements in full.

SB357,28,15 APPLICATION FOR PRESIDENTIAL

SB357,29,1 ELECTOR'S ABSENT BALLOT.

SB357,29,2 (To be voted at the Presidential Election

SB357,29,3 on November ...., .... (year)

SB357,29,12 I, .... hereby swear or affirm that I am a citizen of the United States, formerly residing at .... in the .... ward .... aldermanic district (city, town, village) of ...., County of .... for 10 days prior to leaving the State of Wisconsin. I, .... do solemnly swear or affirm that I do not qualify to register or vote under the laws of the State of ....(State you now reside in) where I am presently residing. A citizen must be a resident of: State ....(Insert time) County ....(Insert time) City, Town or Village ....(Insert time), in order to be eligible to register or vote therein. I further swear or affirm that my legal residence was established in the State of ....(the State where you now reside) on .... Month .... Day .... Year.

SB357,29,13 Signed ....

SB357,29,14 Address ....(Present address)

SB357,29,15 ....(City) ....(State)

SB357,29,16 Subscribed and sworn to before me this .... day of .... .... (year)

SB357,29,17 ....(Notary Public, or other officer authorized to administer oaths.)

SB357,29,18 ....(County)

SB357,29,19 My Commission expires

SB357,29,20 MAIL BALLOT TO:

SB357,29,21 NAME ....

SB357,29,22 ADDRESS ....

SB357,29,23 CITY .... STATE .... ZIP CODE ....

SB357,30,3 Penalties for Violations. Whoever swears falsely to any absent elector affidavit under this section may be fined not more than $1,000 or imprisoned for not more than 6 months, or both. Whoever intentionally votes more than once in an election may be fined not more than $10,000 or imprisoned for not more than 3 years, and 6 months or both.

SB357,30,4 ....(Municipal Clerk)

SB357,30,5 ....(Municipality)

SB357, s. 2 Section 2. 11.61 (1) (a) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,30,11 11.61 (1) (a) Whoever intentionally violates s. 11.05 (1), (2), (2g) or (2r), 11.07 (1) or (5), 11.10 (1), 11.12 (5), 11.23 (6) or 11.24 (1) may be fined not more than $10,000 or imprisoned for not more than 4 years and 6 months or both is guilty of a Class I felony.

SB357, s. 3 Section 3. 11.61 (1) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,30,18 11.61 (1) (b) Whoever intentionally violates s. 11.25, 11.26, 11.27 (1), 11.30 (1) or 11.38 where is guilty of a Class I felony if the intentional violation does not involve a specific figure, or where if the intentional violation concerns a figure which exceeds $100 in amount or value may be fined not more than $10,000 or imprisoned for not more than 4 years and 6 months or both.

SB357, s. 4 Section 4. 12.60 (1) (a) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,30,23 12.60 (1) (a) Whoever violates s. 12.09, 12.11 or 12.13 (1), (2) or (3) (a), (e), (f), (j), (k), (L), (m), (y) or (z) may be fined not more than $10,000 or imprisoned for not more than 4 years and 6 months or both is guilty of a Class I felony.

SB357, s. 5 Section 5. 13.05 of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,31,12 13.05 Logrolling prohibited. Any member of the legislature who gives, offers or promises to give his or her vote or influence in favor of or against any measure or proposition pending or proposed to be introduced, in the legislature in consideration or upon condition that any other person elected to the same legislature will give or will promise or agree to give his or her vote or influence in favor of or against any other measure or proposition pending or proposed to be introduced in such legislature, or who gives, offers or promises to give his or her vote or influence for or against any measure on condition that any other member will give his or her vote or influence in favor of any change in any other bill pending or proposed to be introduced in the legislature may be fined not less than $500 nor more than $1,000 or imprisoned for not less than one year nor more than 4 years and 6 months or both, is guilty of a Class I felony.

SB357, s. 6 Section 6. 13.06 of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,32,2 13.06 Executive favor. Any member of the legislature who gives, offers or promises to give his or her vote or influence in favor of or against any measure or proposition pending or proposed to be introduced in the legislature, or that has already been passed by either house of the legislature, in consideration of or on condition that the governor approve, disapprove, veto or sign, or agree to approve, disapprove, veto or sign, any other measure or proposition pending or proposed to be introduced in the legislature or that has already been passed by the legislature, or either house thereof, or in consideration or upon condition that the governor nominate for appointment or appoint or remove any person to or from any office or position under the laws of this state, may be fined not less than $500 nor more than $1,000 or imprisoned for not less than one year nor more than 3 years or both is guilty of a Class I felony.

SB357, s. 7 Section 7. 13.48 (31) of the statutes is created to read:

SB357,32,15 13.48 (31) Digital television conversion for Milwaukee Area Technical College. The building commission may authorize up to $3,500,000 in general fund supported borrowing to aid in the acquisition, construction, development, enlargement or improvement of facilities and equipment related to the conversion to digital television for the Milwaukee Area Technical College. The state funding commitment under this subsection shall be in the form of a grant to the Milwaukee Area Technical College. If the building commission authorizes a grant to the Milwaukee Area Technical College under this subsection and if, for any reason, the facility or equipment that is acquired, constructed, developed, enlarged or improved with funds from the grant is not used for the purpose of public broadcasting, an ownership interest in the facility or equipment equal to the amount of the state's grant reverts to the state.

SB357, s. 8 Section 8. 13.525 of the statutes is created to read:

SB357,32,19 13.525 Joint review committee on criminal penalties. (1) Creation. There is created a joint review committee on criminal penalties composed of the following members:

SB357,32,22 (a) One majority party member and one minority party member from each house of the legislature, appointed as are the members of standing committees in their respective houses.

SB357,32,23 (b) The attorney general or his or her designee.

SB357,32,24 (c) The secretary of corrections or his or her designee.

SB357,32,25 (d) The state public defender or his or her designee.

SB357,33,3 (e) A reserve judge who resides in the 1st, 2nd, 3rd, 4th or 5th judicial administrative district and a reserve judge who resides in the 6th, 7th, 8th, 9th or 10th judicial administrative district, appointed by the supreme court.

SB357,33,6 (f) Two members of the public appointed by the governor, one of whom shall have law enforcement experience in this state and one of whom shall be an elected county official.

SB357,33,9 (2) Officers. The majority party senator and the majority party representative to the assembly shall be cochairpersons of the committee. The committee shall elect a secretary from among its nonlegislator members.

SB357,33,11 (3) Judicial and gubernatorial appointees. Members appointed under sub. (1) (e) or (f) shall serve at the pleasure of the authority appointing them.

SB357,33,14 (4) Eligibility. A member shall cease to be a member upon losing the status upon which the appointment is based. Membership on the committee shall not be incompatible with any other public office.

SB357,33,22 (5) Review of legislation relating to crimes. (a) If any bill that is introduced in either house of the legislature proposes to create a new crime or revise a penalty for an existing crime and the bill is referred to a standing committee of the house in which it is introduced, the chairperson may request the joint review committee to prepare a report on the bill under par. (b). If the bill is not referred to a standing committee, the speaker of the assembly, if the bill is introduced in the assembly, or the presiding officer of the senate, if the bill is introduced in the senate, may request the joint review committee to prepare a report on the bill under par. (b).

SB357,33,25 (b) If the joint review committee receives a request under par. (a) for a report on a bill that proposes to create a new crime or revise a penalty for an existing crime, the committee shall prepare a report concerning all of the following:

SB357,34,3 1. The costs that are likely to be incurred or saved by the department of corrections, the department of justice, the state public defender, the courts, district attorneys and other state and local government agencies if the bill is enacted.

SB357,34,5 2. The consistency of penalties proposed in the bill with existing criminal penalties.

SB357,34,7 3. Alternative language needed, if any, to conform penalties proposed in the bill to penalties in existing criminal statutes.

SB357,34,9 4. Whether acts prohibited under the bill are prohibited under existing criminal statutes.

SB357,34,13 (c) The chief clerk shall print a report prepared by the committee under par. (b) as an appendix to the bill and attach it thereto as are amendments. The reproduction shall be in lieu of inclusion in the daily journal of the house in which the proposal is introduced.

SB357,34,19 (d) If a bill that is introduced in either house of the legislature proposes to create a new crime or revise a penalty for an existing crime, a standing committee to which the bill is referred may not vote on whether to recommend the bill for passage and the bill may not be passed by the house in which it is introduced before the joint review committee submits a report under par. (b) or before the 30th day after a report is requested under par. (a), whichever is earlier.

SB357,34,23 (6) Committee powers and procedures. The committee may hold hearings as needed to elicit information for making a report. The committee shall meet at the call of its cochairpersons. All actions of the committee require the approval of a majority of all of its members.

SB357, s. 9 Section 9. 13.69 (6m) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,35,5 13.69 (6m) Any principal, lobbyist or other individual acting on behalf of a principal who files a statement under s. 13.63 (1), 13.64, 13.65, 13.67 or 13.68 which he or she does not believe to be true may be fined not more than $10,000 or imprisoned for not more than 7 years and 6 months or both is guilty of a Class H felony.

SB357, s. 10 Section 10. 15.01 (2) of the statutes is amended to read:

SB357,35,17 15.01 (2) "Commission" means a 3-member governing body in charge of a department or independent agency or of a division or other subunit within a department, except for the Wisconsin waterways commission which shall consist of 5 members, the parole commission which shall consist of 6 members and the Fox river management commission which shall consist of 7 members. A Wisconsin group created for participation in a continuing interstate body, or the interstate body itself, shall be known as a "commission", but is not a commission for purposes of s. 15.06. The parole commission created under s. 15.145 (1) shall be known as a "commission", but is not a commission for purposes of s. 15.06. The sentencing commission created under s. 15.105 (26) shall be known as a "commission" but is not a commission for purposes of s. 15.06 (1) to (4m), (7) and (9).

SB357, s. 11 Section 11. 15.105 (26) of the statutes is created to read:

SB357,35,21 15.105 (26) Sentencing commission. (a) Creation; membership. There is created a sentencing commission which is attached to the department of administration under s. 15.03 and which shall consist of the following members:

SB357,35,22 1. The attorney general or his or her designee.

SB357,35,23 2. The state public defender or his or her designee.

SB357,35,25 3. Six members, at least 2 of whom are not employed by any unit of federal, state or local government, appointed by the governor.

SB357,36,3 4. One majority party member and one minority party member from each house of the legislature, appointed as are the members of standing committees in their respective houses.

SB357,36,4 5. Two circuit judges, appointed by the supreme court.

SB357,36,6 6. One representative of crime victims and one district attorney, each appointed by the attorney general.

SB357,36,8 7. One attorney in private practice engaged primarily in the practice of criminal defense, appointed by the criminal law section of the State Bar of Wisconsin.

SB357,36,11 (b) Nonvoting members. The secretary of corrections or his or her designee, the chairperson of the parole commission or his or her designee and the director of state courts or his or her designee shall be nonvoting members of the commission.