1995 Wisconsin Act 27

27,4457 Section 4457 . 165.72 (8) of the statutes is repealed.

27,4457g Section 4457g. 165.82 (1) (a) of the statutes is amended to read:

165.82 (1) (a) For each record check, except a fingerprint card record check, requested by a governmental agency or nonprofit organization, $2.

27,4457h Section 4457h. 165.82 (1) (ag) of the statutes is created to read:

165.82 (1) (ag) For each record check, except a fingerprint card record check, requested by a governmental agency, $5.

27,4457i Section 4457i. 165.82 (1) (ar) of the statutes is created to read:

165.82 (1) (ar) For each fingerprint card record check requested by a governmental agency or nonprofit organization, $10.

27,4457k Section 4457k. 165.82 (1) (b) of the statutes is amended to read:

165.82 (1) (b) For each record check by any other requester, $10 $13.

27,4458 Section 4458 . 165.827 of the statutes is amended to read:

165.827 (title) Transaction information for the management of enforcement system; fees. The department of justice shall administer a transaction information for the management of enforcement system to provide access to information concerning law enforcement. The department of justice may impose fees on law enforcement agencies and tribal law enforcement agencies, as defined in s. 165.83 (1) (e), for rentals, use of terminals and related costs and services associated with the transaction information for management of enforcement system. All moneys collected under this section shall be deposited in credited to the appropriation account under s. 20.455 (2) (h).

27,4460 Section 4460 . 165.87 (1) (a) of the statutes is amended to read:

165.87 (1) (a) Twenty-seven fifty-fifths of all moneys collected from penalty assessments under this section shall be deposited in s. 20.455 (2) (i) and utilized in accordance with ss. 20.455 (2) and 165.85 (5) and (5m). The moneys deposited in s. 20.455 (2) (i), except for the moneys transferred to s. 20.455 (2) (jb) and (jc), constitute the law enforcement training fund.

27,4460bp Section 4460bp. 165.87 (1) (a) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

165.87 (1) (a) Twenty-seven fifty-fifths Fifty-four one-hundred-fifteenths of all moneys collected from penalty assessments under this section shall be deposited in credited to the appropriation account under s. 20.455 (2) (i) and utilized in accordance with ss. 20.455 (2) and 165.85 (5) and (5m). The moneys deposited in credited to the appropriation account under s. 20.455 (2) (i), except for the moneys transferred to s. 20.455 (2) (jb), constitute the law enforcement training fund.

27,4460c Section 4460c. 165.87 (1) (b) of the statutes is amended to read:

165.87 (1) (b) One-eleventh Two twenty-thirds of all moneys collected from penalty assessments under this section shall be deposited in credited to the appropriation account under s. 20.410 (1) (jp) and utilized in accordance with s. 301.28.

27,4460d Section 4460d. 165.87 (1) (bd) of the statutes is created to read:

165.87 (1) (bd) One twenty-third of all moneys collected from penalty assessments under this section shall be credited to the appropriation account under s. 20.455 (1) (g) and utilized in accordance with s. 165.94.

27,4460e Section 4460e. 165.87 (1) (bn) of the statutes is amended to read:

165.87 (1) (bn) Five twenty-seconds twenty-thirds of all moneys collected from penalty assessments under this section shall be deposited in credited to the appropriation account under and utilized in accordance with s. 20.505 (6) (g), except for moneys transferred to ss. 20.435 (3) (jk) and 20.505 (6) (h). In regard to any grant to any local unit of government for which the state is providing matching funds from moneys under this paragraph, the local unit of government shall provide matching funds equal to at least 10%.

27,4460em Section 4460em. 165.87 (1) (bn) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

165.87 (1) (bn) Five twenty-thirds of all moneys collected from penalty assessments under this section shall be credited to the appropriation account under and utilized in accordance with s. 20.505 (6) (g), except for moneys transferred to ss. 20.435 20.410 (3) (jk) and 20.505 (6) (h). In regard to any grant to any local unit of government for which the state is providing matching funds from moneys under this paragraph, the local unit of government shall provide matching funds equal to at least 10%.

27,4460f Section 4460f. 165.87 (1) (bp) of the statutes is amended to read:

165.87 (1) (bp) One twenty-second twenty-third of all moneys collected from penalty assessments under this section shall be deposited in credited to the appropriation account under s. 20.455 (2) (hm) and utilized in accordance with ss. 20.455 (2) (hn) and (ho) and 165.90.

27,4460g Section 4460g. 165.87 (1) (br) of the statutes is amended to read:

165.87 (1) (br) One one-hundred-tenth one-hundred-fifteenth of all moneys collected from penalty assessments under this section shall be deposited in credited to the appropriation account under and utilized in accordance with s. 20.550 (1) (j).

27,4460h Section 4460h. 165.87 (1) (c) of the statutes is amended to read:

165.87 (1) (c) Of the balance of the moneys collected from penalty assessments under this section, 62.2% shall be deposited credited to the appropriation account under s. 20.255 (2) (g) and the remainder shall be deposited credited to the appropriation account under s. 20.255 (1) (hr).

27,4460i Section 4460i. 165.87 (2) (a) of the statutes is amended to read:

165.87 (2) (a) Whenever a court imposes a fine or forfeiture for a violation of state law or for a violation of a municipal or county ordinance except for a violation of s. 101.123 (2) (a), (am) 1. or (bm) or (5) or state laws or municipal or county ordinances involving nonmoving traffic violations or safety belt use violations under s. 347.48 (2m), there shall be imposed in addition a penalty assessment in an amount of 22% 23% of the fine or forfeiture imposed. If multiple offenses are involved, the penalty assessment shall be based upon the total fine or forfeiture for all offenses. When a fine or forfeiture is suspended in whole or in part, the penalty assessment shall be reduced in proportion to the suspension.

27,4460v Section 4460v. 165.94 of the statutes is created to read:

165.94 District attorney computer network. The department of justice shall maintain a district attorney computer network that provides district attorney offices with access to operating records under s. 343.24, access to criminal history records, ability to exchange legal information, use of electronic mail and access to statutory and attorney general opinion data bases.

27,4461 Section 4461 . 165.97 of the statutes is repealed.

27,4462 Section 4462 . 166.10 (intro.) of the statutes is amended to read:

166.10 Preservation of essential public records. (intro.) The public records and forms board shall establish a system for the preservation of essential state public records necessary for the continuity of governmental functions in the event of enemy action or natural or man-made disasters. The board shall:

27,4464 Section 4464 . 167.10 (3) (b) 2. of the statutes is amended to read:

167.10 (3) (b) 2. The possession or use of explosives in accordance with rules or general orders of the department of industry, labor and human relations development.

27,4465 Section 4465 . 167.10 (6m) (a) of the statutes is amended to read:

167.10 (6m) (a) After June 30, 1985, no No person may manufacture in this state fireworks or a device listed under sub. (1) (e), (f) or (i) to (n) without a fireworks manufacturing license issued by the department of industry, labor and human relations development.

27,4466 Section 4466 . 167.10 (6m) (b) of the statutes is amended to read:

167.10 (6m) (b) After June 30, 1985, no No person may manufacture in this state fireworks or a device listed under sub. (1) (e), (f) or (i) to (n) unless the person complies with the rules of the department of industry, labor and human relations development promulgated under par. (e).

27,4467 Section 4467. 167.10 (6m) (c) of the statutes is amended to read:

167.10 (6m) (c) Any person who, after June 30, 1985, manufactures in this state fireworks or a device listed under sub. (1) (e), (f) or (i) to (n) shall provide the department of industry, labor and human relations development with a copy of each federal license issued under 18 USC 843 to that person.

27,4468 Section 4468 . 167.10 (6m) (d) of the statutes is amended to read:

167.10 (6m) (d) The department of industry, labor and human relations development shall issue a license to manufacture fireworks or devices listed under sub. (1) (e), (f) or (i) to (n) to a person who complies with the rules of the department promulgated under par. (e). The department may not issue a license to a person who does not comply with the rules promulgated under par. (e). The department may revoke a license under this subsection for the refusal to permit an inspection by the department or for a continuing violation of the rules promulgated under par. (e).

27,4469 Section 4469 . 167.10 (6m) (e) of the statutes is amended to read:

167.10 (6m) (e) The department of industry, labor and human relations development shall promulgate rules to establish safety standards for the manufacture in this state of fireworks and devices listed under sub. (1) (e), (f) or (i) to (n). The rules may not take effect before July 1, 1985.

27,4470 Section 4470 . 167.11 (2) of the statutes is amended to read:

167.11 (2) The department of industry, labor and human relations development shall, by rule, set forth the nature of such warning and shall enforce this section.

27,4471 Section 4471 . 167.27 (5) of the statutes is amended to read:

167.27 (5) Whenever any mine shaft, exploration shaft or test well is abandoned or its use discontinued, the operator or contractor shall promptly fill same to grade or enclose the same with a fence of strong woven wire not less than 46 inches wide with one barbwire above or cap same with a reinforced concrete slab at least 6 inches thick or with a native boulder at least 3 times the diameter of the top of the shaft or test well bore. The strands of the woven wire shall not be smaller than No. 12 wire and the cross wires and meshes shall not be smaller than No. 16 wire; the strands shall not be more than 12 inches apart, and the meshes shall not exceed 8 inches square. All wires must be tightly stretched and securely fastened to sufficient posts firmly set not more than 8 feet apart. In case any person shall neglect to repair or rebuild such fence which the person is so required to build and maintain, any person may complain to the department of industry, labor and human relations development or to the local governing body, which shall give notice in writing to the person who is required to build and maintain such fence. The department of industry, labor and human relations development or the local governing body shall then proceed to examine the fence, and if it shall determine that such fence is insufficient, it shall notify the person responsible for its erection and maintenance and direct the person to repair or rebuild the fence within such time as it shall deem reasonable. Any person refusing to comply with such order shall be subject to the penalties provided.

27,4472 Section 4472 . 167.27 (8) of the statutes is amended to read:

167.27 (8) Any violation of this section coming to the attention of the department of industry, labor and human relations development or municipal authorities shall be reported to the attorney general or district attorney for prosecution.

27,4473 Section 4473 . 168.01 of the statutes is amended to read:

168.01 Definition. In this chapter “ department" means the department of industry, labor and human relations development.

27,4474 Section 4474 . 168.05 (1) of the statutes is amended to read:

168.05 (1) No petroleum product imported into and received in this state or received from a manufacturer or refiner or from a marine or pipeline terminal within this state may be unloaded from its original container except as provided under sub. (5), sold, offered for sale or used until a true sample of not less than 8 ounces is taken as provided in this chapter. This subsection does not apply if the department has previously inspected the petroleum product at the refinery, marine or pipeline terminal. Each person importing or receiving a petroleum product which has not been previously inspected shall notify the inspector in the person's district of the receipt thereof, and the inspector shall take a sample of the petroleum product. This subsection does not apply if the user receiving the petroleum product is exempted from departmental inspection under s. 168.07 (3).

27,4475 Section 4475 . 168.07 (3) of the statutes is repealed.

27,4476 Section 4476 . 168.08 (2) of the statutes is repealed.

27,4477 Section 4477 . 168.08 (3) of the statutes is repealed.

27,4478 Section 4478 . 168.08 (4) of the statutes is repealed.

27,4479 Section 4479 . 168.08 (5) of the statutes is repealed.

27,4480 Section 4480 . 168.10 of the statutes is amended to read:

168.10 Access to records. Every agent or employe of any railroad company or other transportation company and every person transporting gasoline, gasoline-alcohol fuel blends, kerosene, other refined oils, fuel oils and petroleum distillates, having the custody of books or records showing the shipment or receipt of gasoline, gasoline-alcohol fuel blends, kerosene, or other refined oils, fuel oils and petroleum distillates shall give and permit the department and the inspectors; and, in regard to the fee under s. 168.12 (1), shall give and permit the department of revenue; free access to such books and records for the purpose of determining the amount of petroleum products shipped and received. All clerks, bookkeepers, express agents, railroad agents or officials, employes, or common carriers, or other persons shall render provide the department and the inspectors; and, in regard to the fee under s. 168.12 (1), shall provide the department of revenue; all information in their possession when so requested in tracing, finding, sampling and inspecting such shipments.

27,4481 Section 4481 . 168.11 (2) (d) of the statutes is amended to read:

168.11 (2) (d) Containers of 275 gallons capacity or more. This provision does not exempt such containers from the identification requirements under ch. Ind 8, Wis. adm. code specified in rules promulgated by the department.

27,4482 Section 4482 . 168.12 (1) of the statutes is repealed and recreated to read:

168.12 (1) Except as provided in subs. (1g) and (1r), there is imposed a petroleum inspection fee at the rate of 3 cents per gallon on all petroleum products that are received, as defined in s. 78.07, by a supplier, as defined in s. 78.005 (14), for sale in this state or for sale for export to this state. The fee shall be paid under s. 168.125 and shall be based on the number of gallons reported under s. 168.125.

27,4483 Section 4483 . 168.12 (1g) of the statutes is created to read:

168.12 (1g) The fee under sub. (1) is not imposed on petroleum products that are shipped from storage at a refinery, marine terminal, pipeline terminal, pipeline tank farm or place of manufacture to a person for storage at another refinery, marine terminal, pipeline terminal, pipeline tank farm or place of manufacture.

27,4484 Section 4484 . 168.12 (1r) of the statutes is created to read:

168.12 (1r) The fee under sub. (1) is not imposed on petroleum products exported from this state by a person who is licensed under sub. (7) or s. 78.09.

27,4485 Section 4485 . 168.12 (2) of the statutes is repealed.

27,4486 Section 4486 . 168.12 (3) of the statutes is repealed.

27,4487 Section 4487 . 168.12 (4) of the statutes is repealed.

27,4488 Section 4488 . 168.12 (6) of the statutes is repealed.

27,4489 Section 4489 . 168.12 (7) of the statutes is created to read:

168.12 (7) No person may ship petroleum products into this state unless that person either has a license under s. 78.09 or obtains a petroleum products shipper license from the department of revenue by filing with that department an application prescribed and furnished by that department and verified by the owner of the business if the owner is an individual, by a member if the owner is an unincorporated association, by a partner if the owner is a partnership or by the president and secretary if the owner is a corporation.

27,4490 Section 4490 . 168.12 (8) of the statutes is created to read:

168.12 (8) (a) To protect the revenues of this state, the department of revenue may require any person who is liable to that department for the fee under sub. (1) to place with it security in the amount that that department determines. The department of revenue may increase or decrease the amount of the security, but that amount may not exceed 3 times the person's average monthly liability for the fee under sub. (1) as estimated by that department. If any person fails to provide that security, the department of revenue may refuse to issue a license under sub. (7) or s. 78.09 or may revoke the person's license under sub. (7) or s. 78.09. If any taxpayer is delinquent in the payment of the fee under sub. (1), the department of revenue may, upon 10 days' notice, recover the fee, interest, penalties, costs and disbursements from the person's security. The department of revenue may not pay interest on any security deposit.

(b) The security required under par. (a) may be a surety bond furnished to the department of revenue and payable to this state. The department of revenue shall prescribe the form and contents of the bond.

(c) The surety of a bond under par. (b) may conditionally cancel the bond by filing written notice with the person who is liable for the fee under sub. (1) and with the department of revenue. A surety who files that notice is not discharged from any liability that has accrued or from any liability that accrues within 60 days after the filing. If the person who is liable for the fee under sub. (1) does not, within 60 days after receiving the notice, file with the department of revenue a new bond that is satisfactory to that department, that department shall revoke the person's license under sub. (7) or s. 78.09. If the person furnishes a new bond, the department of revenue shall cancel and surrender the old bond when it is satisfied that all liability under the old bond has been discharged.

(d) If the liability on the bond is discharged or reduced or if the department of revenue determines that the bond is insufficient, that department shall require additional surety or new bonds. If any person who is liable for the fee under sub. (1) fails to file that additional bond within 5 days after the department of revenue provides written notice, that person's license under sub. (7) or s. 78.09 is revoked.

(e) Suspension, revocation or cancellation of a license under sub. (7) or s. 78.09, partial recovery on the bond or execution of a new bond does not affect the validity of a bond under this subsection.

27,4491 Section 4491 . 168.12 (9) of the statutes is created to read:

168.12 (9) Sections 78.65 to 78.74 and 78.79 to 78.81 as they apply to the taxes under ch. 78 apply to the fee under sub. (1).

27,4492 Section 4492. 168.125 of the statutes is created to read:

168.125 Reports; payment. Persons who are liable for the fee under this chapter shall state the number of gallons of petroleum products on which the fee is due and the amount of their liability for the fee in the reports under s. 78.12 (1) to (3). The requirements for payment of the motor vehicle fuel tax under s. 78.12 (5) apply to the fee under this chapter.