AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
courts and procedure
Circuit courts
Currently, the director of state courts reimburses counties for the actual expenses of interpreters used by the circuit courts in that county. Interpreters are reimbursed for their travel expenses and are paid a set hourly fee based on their qualifications.
This bill allows the director of state courts to establish a two-year pilot program in the seventh judicial administrative district (Buffalo, Crawford, Grant, Iowa, Jackson, La Crosse, Monroe, Pepin, Pierce, Richland, Trempealeau, and Vernon counties) under which the director of state courts may establish a schedule of payments and make payments to court interpreters who provide court interpretative services for the circuit courts in those counties.
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. 20.625 (1) (c) of the statutes is amended to read:
20.625 (1) (c) Court interpreter fees. The amounts in the schedule to pay interpreter fees reimbursed under s. 758.19 (8) and 2009 Wisconsin Act .... (this act), section 9109 (1).
SECTION 9109. Nonstatutory provisions; Circuit Courts.
(1) COURT INTERPRETER PILOT PROGRAM. Notwithstanding section 758.19 (8) (a) of the statutes, the director of state courts may create a 2-year pilot program under which the director of state courts may establish a schedule of payments and make payments to court interpreters who provide court interpretative services for the circuit courts in the 7th judicial administrative district. The director of state courts may pay for circuit court interpreter services under this subsection from the amount appropriated under section 20.625 (1) (c) of the statutes, as affected by this act, if the counties in the 7th judicial administrative district agree to forego reimbursement for court interpreter services allowed under section 758.19 (8) (a) of the statutes during the term of the pilot program.
SECTION 9409. Effective dates; Circuit Courts.
(1) COURT INTERPRETER PILOT PROGRAM. The treatment of section 20.625 (1) (c) of the statutes and SECTION 9409 (1) of this act take effect on September 1, 2009, or on the effective date of this subsection, whichever is later.
(End)
LRB-0443LRB-0443/1
RPN:jld:ph
2009 - 2010 LEGISLATURE
DOA:......Wavrunek, BB0161 - Court interpreter reimbursement
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
courts and procedure
Circuit courts
Currently, the state reimburses counties for the actual expenses paid to interpreters required by circuit courts, which includes the payment of mileage at the rate of 20 cents per mile going and returning from an interpreter's residence. This bill raises the mileage reimbursement rate to that paid for state employee travel, which is 48.5 cents per mile.
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. 758.19 (8) (a) (intro.) of the statutes is amended to read:
758.19 (8) (a) (intro.) From the appropriation under s. 20.625 (1) (c), the director of state courts shall reimburse counties up to 4 times each year for the actual expenses paid for interpreters required by circuit courts to assist persons with limited English proficiency under s. 885.38 (8) (a) 1. The amount of the reimbursement for mileage shall be 20 cents per mile going and returning from his or her residence if within the state; or, if without the state, from the point where he or she crosses the state boundary to the place of attendance, and returning by the usually traveled route between such points. The amount of the maximum hourly reimbursement for court interpreters shall be as follows:
SECTION 2. 814.67 (1) (c) of the statutes is renumbered 814.67 (1) (c) (intro.) and amended to read:
814.67 (1) (c) (intro.) For traveling, at the rate of 20 cents per mile going and returning from his or her residence if within the state; or, if without the state, from the point where he or she crosses the state boundary to the place of attendance, and returning by the usually traveled route between such points.:
SECTION 3. 814.67 (1) (c) 1. of the statutes is created to read:
814.67 (1) (c) 1. For witnesses, the rate of 20 cents per mile.
SECTION 4. 814.67 (1) (c) 2. of the statutes is created to read:
814.67 (1) (c) 2. For interpreters, the mileage rate set under s. 20.916 (8).
(End)
LRB-0446LRB-0446/1
CTS:bjk:ph
2009 - 2010 LEGISLATURE
DOA:......Miner, BB0140 - Weights and measures program changes
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
commerce and economic development
Other commerce and economic development
Vehicle scales
Under current law, the DATCP issues annual licenses to operators of vehicle scales. DATCP is authorized to adjust the $60 statutory license fee by rule, and may impose a $200 license fee surcharge on an applicant who has operated a scale without a license in the year preceding application. Currently, no person may construct or relocate a scale without a permit from DATCP, but DATCP is not authorized to charge a permit fee. Also under current law, DATCP may grant a variance from its scale construction standards, but DATCP is not authorized to charge a variance fee. Current law requires annual testing of certain scales by an independent testing entity that is licensed by DATCP.
This bill permits DATCP to adjust the $200 license fee surcharge by rule. The bill also permits DATCP to charge a fee for a permit to construct or relocate a scale and for a variance from DATCP construction standards, and DATCP may set the amount of the fees by rule.
Liquid petroleum gas meters
Under current law, an operator of a liquid petroleum (LP) gas meter must register the meter with DATCP and pay a one-time registration fee of $25. Operators must test LP gas meters annually or face a $100 testing surcharge.
Under the bill, DATCP issues annual licenses to operators of gas meters and may charge a fee in an amount DATCP sets by rule. DATCP may also impose a surcharge in an amount set by rule on an applicant who has operated a gas meter without a license in the year preceding application, and may adjust the $100 testing surcharge by rule. The bill requires DATCP to promulgate testing, reporting, and record-keeping standards for gas meter operators, and permits DATCP to promulgate standards for gas meter construction, operation, and maintenance.
Vehicle tank meters
Current law requires a person who delivers fuel oil or certain other liquid fuels from a vehicle equipped with a pump and metering device also equip the pump and metering device with a delivery ticket printer that can print data including the volume of fuel delivered.
The bill requires an operator of a vehicle tank meter (used to measure a delivery of fuel oil or certain other liquid fuels) to obtain an annual license from DATCP. DATCP may charge a license fee and may impose a license fee surcharge on an applicant who operated a tank meter without a license in the year preceding application. DATCP may set the amount of the license fee and the license fee surcharge by rule and may promulgate standards for tank meter construction, operation, and maintenance. Under the bill, a tank meter operator must have the tank meter tested annually, and must report the results to DATCP or face a surcharge in an amount set by DATCP by rule.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 20.115 (1) (j) of the statutes is amended to read:
20.115 (1) (j) Weights and measures inspection. The amounts in the schedule for weights and measures inspection, testing and enforcement under ch. 98. All moneys received under ss. 93.06 (1p), 94.64 (4) (a) 6., 94.72 (6) (a) 3., 97.30 (3) (am), 98.04 (2), 98.05 (5), 98.16, 98.18 and 98.245 (7) 98.245 (7m) shall be credited to this appropriation.
SECTION 2. 98.16 (title) of the statutes is amended to read:
98.16 (title) Licensing of vehicle Vehicle scale operators; scale installation and testing.
SECTION 3. 98.16 (2) (title) of the statutes is amended to read:
98.16 (2) (title) LICENSE FOR OPERATOR.
SECTION 4. 98.16 (2) (a) 1. of the statutes is renumbered 98.16 (2) (am) and amended to read:
98.16 (2) (am) Except as provided in subd. 2., a par. (dm), no person may not operate a vehicle scale without a an annual license from the department. A separate license is required for each scale. A license is not transferable between persons or scales. A license expires on March 31 annually.
(bm) The department shall provide a license application form for persons applying for a license. The form may shall require all of the following:
3. Other information reasonably required by the department for licensing purposes.
(cm) A license application shall be accompanied by applicable fees under pars. (b) and (c). all of the following fees and surcharges:
SECTION 5. 98.16 (2) (a) 2. of the statutes is renumbered 98.16 (2) (dm) and amended to read:
98.16 (2) (dm) Subdivision 1. Paragraph (am) does not apply to a person who operates a vehicle scale only as an employee of a person who is required to hold a license to operate the scale under this paragraph subsection.
SECTION 6. 98.16 (2) (b) of the statutes is renumbered 98.16 (2) (cm) 1. and amended to read:
98.16 (2) (cm) 1. A license fee. The fee for a license under par. (a) this subsection is $60 $100, except that the department may establish a different fee by rule promulgated under sub. (4).
SECTION 7. 98.16 (2) (bm) 1. of the statutes is created to read:
98.16 (2) (bm) 1. The applicant's correct legal name and business address and any trade name under which the applicant proposes to operate the vehicle scale.
SECTION 8. 98.16 (2) (bm) 2. of the statutes is created to read:
98.16 (2) (bm) 2. A description of the nature and location of the vehicle scale.
SECTION 9. 98.16 (2) (c) of the statutes is renumbered 98.16 (2) (cm) 2. and amended to read:
98.16 (2) (cm) 2. An applicant for a license under par. (a) shall pay a A license fee surcharge of $200 in addition to the license fee, if the department determines that within one year prior to submitting the license application the applicant operated a vehicle scale without a license as required by par. (a) (am). The license fee surcharge is $200, except that the department may establish a different surcharge by rule promulgated under sub. (4). The department may not issue a license under this subsection to an operator if the operator has failed to pay a license fee surcharge assessed against the operator. Payment of the license fee surcharge does not relieve the applicant of any other civil or criminal liability for the operation of a vehicle scale without a license but shall not constitute evidence of violation of a law.
SECTION 10. 98.16 (2) (d) of the statutes is repealed.
SECTION 11. 98.16 (2m) of the statutes is created to read:
98.16 (2m) PERMIT FOR SCALE INSTALLATION OR CONSTRUCTION; VARIANCE. (a) No person may install or relocate a vehicle scale without a permit from the department. The department shall provide a permit application form for a person applying for a permit under this paragraph. An application for a permit under this paragraph shall be accompanied by a nonrefundable permit application fee in an amount established by the department by rule promulgated under sub. (4).
(b) A person who installs or relocates a vehicle scale shall comply with construction, operation, and maintenance standards and procedures established by the department by rule under sub. (4), except that the department may grant a variance from a construction standard if the department determines that the variance is justified by special circumstances. The department may impose conditions on the variance, including alternative construction standards, if the department determines the conditions are necessary. The department shall provide a variance application form for a person applying for a variance under this paragraph. An application for a variance under this paragraph shall be accompanied by a nonrefundable variance application fee in an amount established by the department by rule promulgated under sub. (4).
SECTION 12. 98.16 (3) (intro.) of the statutes is renumbered 98.16 (4) and amended to read:
98.16 (4) RULES. The department may shall promulgate rules to establish license fees under sub. (2) (b) and to regulate the construction, operation, testing, and maintenance of vehicle scales. The rules may include all of the following: The department may promulgate rules to adjust fees and surcharges under subs. (2) (cm) 1. and 2. and (2m) (a) and (b) and to impose a testing surcharge upon a vehicle scale operator if the operator fails to file a vehicle scale test report as required by a rule promulgated by the department under this subsection.
SECTION 13. 98.16 (3) (a) of the statutes is repealed.
SECTION 14. 98.16 (3) (b) of the statutes is repealed.
SECTION 15. 98.16 (3) (c) of the statutes is repealed.
SECTION 16. 98.16 (3m) (b) 1. of the statutes is created to read:
98.16 (3m) (b) 1. Conduct the test and prepare a test report, according to rules promulgated by the department under sub. (4).
SECTION 17. 98.16 (3m) (b) 2. of the statutes is created to read:
98.16 (3m) (b) 2. Provide a copy of the test report to the operator of the vehicle scale and, if required by rules promulgated by the department under sub. (4), to other persons.
SECTION 18. 98.16 (3m) (c) of the statutes is created to read:
98.16 (3m) (c) An operator of a vehicle scale shall file with the department a copy of each test report prepared regarding the vehicle scale not more than 15 days after the operator receives the test report. If an operator fails to file a report as required in this paragraph, the department may assess a testing surcharge against the operator. The department may not issue a license under sub. (2) to an operator if the operator has failed to pay a testing surcharge assessed against the operator. If an operator fails to pay a testing surcharge assessed against the operator within 120 days after the department assessed the surcharge, the department may revoke the operator's license to operate the vehicle scale for which the operator has been assessed the surcharge.
