Other health and human services
Currently, except for issuance of certain birth certificates, the state registrar or a local registrar must charge $7 for issuing a certified or uncertified copy of a certificate of birth, death, divorce or annulment, or marriage (vital record) or for verifying information about the event without issuing a copy, and $3 for issuing any additional copy of the same vital record at the same time. This bill increases to $20 the fee for issuance of a certified or uncertified copy of certain vital records, increases to $20 the fee for issuing an additional copy at the same time, increases to $10 the fee for verifying information about the event without issuing a copy, and increases to $10 the fee for issuing an additional copy of the same vital record at the same time.
Currently, the state registrar or a local registrar must charge $12 for issuing either a certified copy or an uncertified copy of a birth certificate and $3 for issuing, at the same time, any additional certified or uncertified copy of the same birth certificate. Of the $12 charged, $7 must be forwarded to the secretary of administration for deposit in program revenue appropriations for the Child Abuse and Neglect Prevention Board (CANPB), to be used for CANPB expenses, for certain statewide projects, for the Family Resource Center Grant Program, and for technical assistance to organizations. The bill increases the fee for issuance of a certified or uncertified copy of a birth certificate from $12 to $20, and increases, from $7 to $10, the amount that must be forwarded to the secretary of administration for deposit in program revenue appropriation accounts of CANPB. The bill also increases the fee for issuance of an additional certified or uncertified birth certificate copy from $3 to $20.
Currently, the state registrar or a local registrar must charge $10 for issuing one certified copy of a birth certificate for a birth resulting in stillbirth and $3 for any additional certified copy of the same birth certificate; the bill changes these fees to $20 each.
Currently, the state registrar or a local registrar must charge, in addition to other applicable fees, $10 for expedited service in issuing a vital record; bill changes this fee to $20.
Currently, the state registrar or a local registrar may charge $7 to search vital records if the registrar finds no record and an additional $7 if the requester provides no or little information. The bill increases to $10 the fee to search vital records and the fee if the requester provides no or little information.
The bill requires local registrars to forward to the secretary of administration, for credit to a program revenue appropriation account within DHFS, 60 percent of all revenue generated by fee increases for issuance of copies of vital records, other than divorce records. From these moneys, the bill requires DHFS to transfer $1,250,000 in each fiscal year from this program revenue appropriation account to an appropriation account for local assistance; from this appropriation account, DHFS must distribute $950,000 in each fiscal year for domestic abuse services and, in each fiscal year to Milwaukee County to organizations, $250,000 to provide gender-responsive alcohol and other drug abuse services and other services to drug dependent women with children and $50,000 to provide services to aid youth in making the transition from foster care to independent living. The bill also requires DHFS to transfer $500,000 in each fiscal year from the program revenue appropriation account to an appropriation account for interagency and intra-agency local assistance; from this appropriation account, DHFS must distribute $500,000 in each fiscal year for comprehensive early childhood initiatives in Dane County for low-income families.
Currently, the state registrar must charge $10 for making selected amendments to birth records without a court order, making court-ordered corrections to birth certificates, making any change in a birth certificate such as acknowledgment of paternity, and for making court-ordered name changes. The state registrar must charge $20 for registering certain new or corrected vital records and $25 for late registration of birth certificates. The bill changes these required fee amounts to the following:
1. Twenty dollars for amending birth records for voluntary acknowledgment of paternity and for a legal name change within 365 days after birth.
2. Forty dollars for selected amendments to birth records without a court order; court-ordered amendments to certain vital records; court-ordered adjudications of paternity or determinations of paternity after death; delayed acknowledgments of paternity; legal name changes; and impounding a vital record or creating and registering a new vital record under certain circumstances.
3. Fifty dollars for the delayed filing of certain birth, marriage, or death certificates.
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:
SECTION 1. 20.435 (1) (gm) of the statutes, as affected by 2007 Wisconsin Act .... (this act), section XXX, is amended to read:
20.435 (1) (gm) Licensing, review and certifying activities; fees; supplies and services. The amounts in the schedule for the purposes specified in ss. 146.50 (8), 252.23, 252.24, 252.245, 254.176, 254.178, 254.179, 254.20 (5) and (8), 254.31 to 254.39, 254.41, 254.47, 254.61 to 254.88, and 255.08 (2) and ch. 69, for the purchase and distribution of medical supplies, for transfer to the appropriation accounts under s. 20.445 (1) (kb) and (3) (kb), and to analyze and provide data under s. 250.04. All moneys received under ss. 69.22 (3m), 146.50 (5) (f) and (8) (d), 250.04 (3m), 252.23 (4) (a), 252.24 (4) (a), 252.245 (9), 254.176, 254.178, 254.181, 254.20 (5) and (8), 254.31 to 254.39, 254.41, 254.47, 254.61 to 254.88, and 255.08 (2) (b) and ch. 69, other than s. 69.22 (1m), and as reimbursement for medical supplies shall be credited to this appropriation account. The department shall, in each fiscal year, transfer $1,250,000 from this appropriation account to the appropriation account under sub. (3) (ky) and shall transfer $500,000 from this appropriation account to the appropriation account under sub. (3) (kz).
****NOTE: This is reconciled s. 20.435 (1) (gm). This SECTION has been affected by drafts with the following LRB numbers: -1508/2 and -1676/2. "XXX" in the bill section heading indicates a cross-reference that must be provided in the compiled budget bill to the bill section in LRB-1676 that also treats s. 20.435 (1) (gm).
SECTION 2. 20.435 (3) (ky) of the statutes is amended to read:
20.435 (3) (ky) Interagency and intra-agency aids. Except as provided in par. (kw), all moneys received from other state agencies and all moneys received by the department from the department for local assistance, including all moneys transferred from sub. (1) (gm) and credited to this appropriation account, for such purposes local assistance.
SECTION 3. 20.435 (3) (kz) of the statutes is amended to read:
20.435 (3) (kz) Interagency and intra-agency local assistance. Except as provided in par. (kw), all moneys received from other state agencies and all moneys received by the department from the department for local assistance, including all moneys transferred from sub. (1) (gm) and credited to this appropriation account, for such purposes local assistance.
SECTION 4. 46.95 (2) (a) of the statutes is amended to read:
46.95 (2) (a) The secretary shall make grants from the appropriations accounts under s. 20.435 (3) (cd) and (hh) and in each fiscal year $950,000 from the appropriation account under s. 20.435 (3) (ky) to organizations for the provision of any of the services specified in sub. (1) (d). Grants may be made to organizations which have provided those domestic abuse services in the past or to organizations which propose to provide those services in the future. No grant may be made to fund services for child or unborn child abuse or abuse of elderly persons.
SECTION 5. 48.543 of the statutes is created to read:
48.543 Services for children and families. (1) From the appropriation account under s. 20.435 (3) (ky), the department shall distribute the following amounts in each fiscal year in Milwaukee County to organizations:
(a) To provide gender-responsive alcohol and other drug abuse treatment, case management, child and family services, and educational services to drug dependent women with children, $250,000.
(b) To provide services to aid youth in making the transition from foster care to independent living, $50,000.
(2) From the appropriation account under s. 20.435 (3) (kz), the department shall distribute $500,000 in each fiscal year for comprehensive early childhood initiatives in Dane County that provide home visiting and employment preparation and support for low-income families.
****NOTE: This is reconciled s. 48.543. This SECTION has been affected by drafts with the following LRB numbers: -0728/4, -1508/2, and -1261/2.
SECTION 6. 69.12 (1) of the statutes is amended to read:
69.12 (1) If the state registrar cannot make an amendment to a vital record under s. 69.11 and a person with a direct and tangible interest in the vital record alleges that information on the vital record does not represent the actual facts in effect at the time the record was filed, the person may petition the circuit court of the county in which the event which is the subject of the vital record is alleged to have occurred. The petition shall be accompanied by a certified copy of the original vital record. If the court finds that the petitioner has established the actual facts of the event in effect when the record was filed, the clerk of court shall report the court's determination to the state registrar on a form prescribed by the state registrar, along with the fee required under s. 69.22 (5) (a) 2 (b). Upon receipt of the report, the state registrar shall, if information as to the cause of death on an original certificate of death is changed or if information on a marriage certificate concerning the identity of a parent of a party to a marriage is changed, act under sub. (4), or shall change the record under s. 69.11 (5) and send a notice of the change to the local registrar who shall make the change in the record filed in his or her office. This subsection does not apply to a name change prohibited under s. 301.47.
SECTION 7. 69.13 (2) (d) of the statutes is amended to read:
69.13 (2) (d) The fee specified under s. 69.22 (5) (b) 1 (bg).
SECTION 8. 69.15 (3) (b) 1. of the statutes is amended to read:
69.15 (3) (b) 1. Except as provided under par. (c), if the state registrar receives a statement acknowledging paternity on a form prescribed by the state registrar and signed by both of the birth parents of a child determined to be a marital child under s. 767.803, a certified copy of the parents' marriage certificate, and the fee required under s. 69.22 (5) (b) 1., the state registrar shall insert the name of the husband from the marriage certificate as the father if the name of the father was omitted on the original birth certificate. The state registrar shall include on the form for the acknowledgment the items in s. 767.813 (5g).
SECTION 9. 69.22 (1) (a) of the statutes is amended to read:
69.22 (1) (a) Except as provided under par. (c), $7 $20 for issuing one certified copy of a vital record and $3 $20 for any additional certified copy of the same vital record issued at the same time.
SECTION 10. 69.22 (1) (b) of the statutes is amended to read:
69.22 (1) (b) Except as provided under par. (c), $20 for issuing an uncertified copy of a vital record issued under s. 69.21 (2) (a) or (b) and $20 for any additional copy of the same vital record issued at the same time, or $10 for verifying information about the event submitted by a requester without issuance of a copy, $7, and $3 $10 for any additional copy of the same vital record information issued at the same time.
SECTION 11. 69.22 (1) (c) of the statutes is amended to read:
69.22 (1) (c) Twelve Twenty dollars for issuing an uncertified copy of a birth certificate or a certified copy of a birth certificate, $7 $10 of which shall be forwarded to the secretary of administration as provided in sub. (1m) and credited to the appropriations under s. 20.433 (1) (g) and (h); and $3 $20 for issuing any additional certified or uncertified copy of the same birth certificate issued at the same time.
SECTION 12. 69.22 (1) (cm) of the statutes is amended to read:
69.22 (1) (cm) Ten Twenty dollars for issuing one certified copy of a certificate of birth resulting in stillbirth and $3 $20 for any additional certified copy of the same certificate issued at the same time.
SECTION 13. 69.22 (1) (d) of the statutes is amended to read:
69.22 (1) (d) In addition to other fees under this subchapter, $10 $20 for expedited service in issuing a vital record.
SECTION 14. 69.22 (2) of the statutes is amended to read:
69.22 (2) The state registrar and any local registrar may charge $7 $10 for a search of vital records if the registrar finds no record. In addition to the $7 $10, a registrar may charge a fee to cover the costs of a search of vital records if the requester provides no identifying information or identifying information which is imprecise or inadequate.
SECTION 15. 69.22 (3m) of the statutes is created to read:
69.22 (3m) (a) Except as provided in par. (b), a local registrar that collects a fee under sub. (1) (a), (b), (c), or (cm) shall forward 60 percent of the increase in that fee, as affected by 2007 Wisconsin Act .... (this act), over the corresponding fee amount specified in s. 69.22 (1) (a), (b), (c), or (cm), 2005 stats., to the secretary of administration, to be credited to the appropriation account under s. 20.435 (1) (gm).
(b) A local registrar that collects a fee for issuing a certified or uncertified copy of a birth certificate under sub. (1) (c) shall forward to the secretary of administration, to be credited to the appropriation account under s. 20.435 (1) (gm), 60 percent of the increase in that fee, as affected by 2007 Wisconsin Act .... (this act), that remains after $10 is forwarded to the secretary of administration as provided in sub. (1m), over the corresponding fee amount specified in s. 69.22 (1) (c), 2005 stats., that remained after $7 was forwarded to the secretary of administration as provided in s. 69.22 (1m), 2005 stats.
SECTION 16. 69.22 (5) (a) of the statutes is repealed and recreated to read:
69.22 (5) (a) Twenty dollars for making changes under s. 69.15 (3) (b) 3. or (4m).
SECTION 17. 69.22 (5) (b) of the statutes is repealed and recreated to read:
69.22 (5) (b) Forty dollars for making a change under s. 69.11 (4), 69.12 (1), (3), or (5), or 69.15 (3) (a) 3., (b) 1. or 2., or (4) (a).
SECTION 18. 69.22 (5) (bg) of the statutes is created to read:
69.22 (5) (bg) Forty dollars for impounding a vital record or creating or registering a new vital record under s. 69.12 (4), 69.13, 69.14 (1) (h), or 69.15 (2), (3) (a) 1. or 2., (3m), or (4) (b).
SECTION 19. 69.22 (5) (bj) of the statutes is created to read:
69.22 (5) (bj) Fifty dollars for the delayed filing of a vital record under s. 69.14 (2) (b) 5. or 6., 69.16 (2), or 69.19.
SECTION 9421. Effective dates; Health and Family Services.
(1) VITAL RECORDS FEE INCREASES. The treatment of sections 20.435 (1) (gm) (by SECTION 1) and (3) (ky) (by SECTION 2), and (kz) (by SECTION 3), 69.12 (1), 69.13 (2) (d), 69.15 (3) (b) 1., 69.22 (1) (a), (b), (c), (cm), and (d), (2), (3m), and (5) (a), (b), (bg), and (bj) of the statutes takes effect on the first day of the 3rd month beginning after the effective date of this subsection.
****NOTE: This is reconciled SECTION 9421 (1). This subsection has been affected by drafts with the following LRB numbers: -1508/2, -1676/2, and 1261/2.
(End)
LRB-1510LRB-1510/3
MGG:kjf:nwn
2007 - 2008 LEGISLATURE
DOA:......Griffin, BB0323 - Enforcement procedures and penalties relating to invasive species
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
natural resources
Other natural resources
Under current law, DNR administers a program to control invasive species in this state. Under current law, specific penalties apply to violations of statutory provisions relating to controlling or introducing certain invasive species, but not to others. Those covered by these penalties include multiflora rose and invasive aquatic plants such as Eurasian water milfoil and purple loosestrife. For other species, there are no specific penalties and, therefore, a maximum forfeiture of $100 applies.
This bill creates penalties for those species for which there is no statutory penalty under current law. These penalties include a forfeiture, not to exceed $200, and fines and terms of imprisonment for intentional violations and for repeat violations. The bill also authorizes the court to order additional remedies such as requiring the violator to restore any natural resources damaged by the violation or to pay for investigation costs and attorney fees.
Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report concerning the proposed penalty and the costs or savings that are likely to result if the bill is enacted.
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:
SECTION 1. 20.455 (1) (gh) of the statutes is amended to read:
20.455 (1) (gh) Investigation and prosecution. Moneys received under ss. 23.22 (9) (c), 49.49 (6), 100.263, 133.16, 281.98 (2), 283.91 (5), 289.96 (3) (b), 291.97 (3), 292.99 (2), 293.87 (4) (b), 295.19 (3) (b) 2., and 299.97 (2), for the expenses of investigation and prosecution of violations, including attorney fees.
****NOTE: This is reconciled s. 20.455 (1) (gh). This SECTION has been affected by drafts with the following LRB numbers: -0353/1 and -1510/2.
SECTION 2. 23.22 (2) (b) 6. of the statutes is amended to read:
23.22 (2) (b) 6. Promulgate rules to identify, classify, and control invasive species for purposes of the program. In promulgating these rules, the department shall consider the recommendations of the council under sub. (3) (a). As part of these rules, the department may establish procedures and requirements for issuing permits to control invasive species.
SECTION 3. 23.22 (8) of the statutes is created to read:
23.22 (8) PENALTIES. (a) Except as provided in pars. (b) and (c), any person who violates a rule promulgated under sub. (2) (b) 6., or any permit issued under those rules, shall forfeit not more than $200.
(b) Any person who intentionally violates any rule promulgated under sub. (2) (b) 6. or any permit issued under those rules shall be fined not less than $1,000 nor more than $5,000, or shall be imprisoned for not less than 6 months nor more than 9 months or both.
(c) A person who violates a rule promulgated under sub. (2) (b) 6. or any permit issued under those rules and who, within 5 years before the arrest of the current conviction, was previously convicted of a violation of a rule promulgated under sub. (2) (b) 6. or any permit issued under those rules shall be fined not less than $700 nor more than $2,000 or shall be imprisoned for not less than 6 months nor more than 9 months or both.
(d) The court may order a person who is convicted under par. (a), (b), or (c) to abate any nuisance caused by the violation, restore any natural resource damaged by the violation, or take other appropriate action to eliminate or minimize any environmental damage caused by the violation.
SECTION 4. 23.22 (9) of the statutes is created to read:
23.22 (9) ENFORCEMENT. (a) If the department of natural resources finds that any person is violating a rule promulgated under sub. (2) (b) 6. or a permit issued under those rules for which the person is subject to a forfeiture under sub. (8) (a), the department of natural resources may do one or more of the following:
1. Issue a citation pursuant to s. 23.50 to 23.99.
2. Refer the matter to the department of justice for enforcement under par. (b).
3. Revoke a permit issued under the rules promulgated under sub. (2) (b) 6., after notice and opportunity for hearing.
(b) The department of justice shall initiate an enforcement action requested by the department under par. (a) 2. The enforcement action may include a request for injunctive relief. In any action initiated by it under this paragraph, the department of justice shall, prior to stipulation, consent order, judgment, or other final disposition of the case, consult with the department of natural resources for the purpose of determining the department's views on final disposition. The department of justice shall not enter into a final disposition different than that previously discussed without first informing the department of natural resources.
(c) In an action initiated pursuant to a citation or initiated under par. (b), the court may award, as an additional penalty, an amount equal to all or a portion of the costs of investigation, including any monitoring, incurred by the department of natural resources or the department of justice, which led to the establishment of the violation. The court may also award the department of justice the reasonable and necessary expenses of the prosecution, including attorney fees. The department of justice shall deposit in the state treasury for deposit into the general fund all moneys that the court awards to the department of justice under this paragraph. These moneys shall be credited to the appropriation account under s. 20.455 (1) (gh).
SECTION 5. 23.24 (6) (b) of the statutes is amended to read:
23.24 (6) (b) A person who violates sub. (3) and who, within 5 years before the arrest of the current conviction, was previously convicted of a violation of sub. (3) shall forfeit be fined not less than $700 nor more than $2,000 or shall be imprisoned for not less than 6 months nor more than 9 months or both.
