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.
(End)
LRB-1519LRB-1519/1
ARG:wlj:pg
2007 - 2008 LEGISLATURE
DOA:......Dombrowski, BB0357 - DFI securities agents fees
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT ...; relating to: increasing license fees for securities agents and investment adviser representatives.
Analysis by the Legislative Reference Bureau
Commerce and economic development
Commerce
Securities
Current law generally requires a person who represents a broker-dealer or issuer in securities transactions to be licensed as an agent (securities agent), and generally requires an investment adviser representative to be licensed as such, before transacting business in this state. Securities agents and investment adviser representatives must pay to DFI initial and renewal license fees of $30.
This bill increases the initial and renewal license fees for securities agents and investment adviser representatives from $30 to $60.
For further information see the state 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. 551.52 (2) of the statutes is amended to read:
551.52 (2) Every applicant for an initial or renewal license under s. 551.32 shall pay a filing fee of $200 in the case of a broker-dealer or investment adviser and $30 $60 in the case of an agent representing a broker-dealer or issuer or an investment adviser representative. Every federal covered adviser in this state that is required to make a notice filing under s. 551.32 (1m) shall pay an initial or renewal notice filing fee of $200. A broker-dealer, investment adviser, or federal covered adviser maintaining a branch office within this state shall pay an additional filing fee of $30 for each branch office. When an application is denied, or an application or a notice filing is withdrawn, the filing fee shall be retained.
(End)
LRB-1521LRB-1521/7
PJK:kjf:pg
2007 - 2008 LEGISLATURE
DOA:......Pink, BB0376 - Medicaid expansion for childless adults
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Health and human services
Medical Assistance
Under current law, DHFS administers the Medical Assistance (MA) program and the Badger Care (BadgerCare) health care program, under which eligible individuals or families receive health care benefits. Under MA, eligible individuals generally include low-income elderly or disabled individuals, low-income children, and low-income pregnant women. Under BadgerCare, low-income families, low-income children who do not live with a parent, and unborn children of certain low-income women are eligible. This bill requires DHFS to request a waiver from the secretary of the federal department of health and human services to conduct a demonstration project under which DHFS would provide health care coverage of primary and preventive care for adults under the age of 65 who have family incomes not to exceed 200 percent of the poverty level, who are not otherwise eligible for MA, BadgerCare, or Medicare, and who did not have coverage under the Health Insurance Risk-Sharing Plan within six months before applying.
Also under current law, DHFS provides relief block grant moneys to Milwaukee County for providing assistance in the form of health care services to persons who meet certain criteria for dependency. Under this bill, the amount that DHFS would otherwise provide in relief block grant moneys would be offset by amounts paid for individuals in Milwaukee County under the demonstration project to provide health care coverage for eligible adults.
