Amendment ASA1-AB40

AB40-ASA1,1047,15 165.84 (7) (a) Subject to rules promulgated under s. 165.76 (4), all persons in charge of law enforcement and tribal law enforcement agencies shall obtain, when the individual's fingerprints or other identifying data are obtained, a biological specimen for deoxyribonucleic acid analysis from each individual arrested for a felony and each individual taken into custody for a juvenile offense that would be a felony if committed by an adult in this state.

AB40-ASA1,1047,19 (am) The person in charge of the law enforcement or tribal law enforcement agency shall submit the specimen to the crime laboratories for deoxyribonucleic acid analysis and inclusion of the individual's deoxyribonucleic acid profile in the data bank under s. 165.77 (3) only if any of the following applies:

AB40-ASA1,1047,21 1. The individual was arrested, or the juvenile was taken into custody, under a warrant.

AB40-ASA1,1047,24 2. The court has made a finding that there is probable cause that the individual committed a felony or that the juvenile committed an offense that would be a felony if committed by an adult in this state.

AB40-ASA1,1048,2 3. The individual fails to appear at the initial appearance or preliminary examination or the person waives the preliminary examination.

AB40-ASA1,1048,3 4. The individual fails to appear for a delinquency proceeding under ch. 938.

AB40-ASA1,1048,6 (b) Biological samples required under par. (a) shall be obtained and, if par. (am) requires, submitted as specified in rules promulgated by the department of justice under s. 165.76 (4).

AB40-ASA1,1048,9 (bm) 1. Unless par. (am) 1. applies to the individual, the court shall notify the agency if par. (am) 2., 3., or 4. applies to an individual the law enforcement or tribal law enforcement agency arrested.

AB40-ASA1,1048,14 2. Unless par. (am) 1. applies to the individual, if, one year after the date the biological sample was obtained under par. (a), the court has not notified under subd. 1. the law enforcement or tribal law enforcement agency that par. (am) 2., 3., or 4. applies to the individual, the law enforcement or tribal law enforcement agency shall destroy the biological sample.

AB40-ASA1,1048,16 (c) 1. No biological specimen obtained under par. (a) may be subject to analysis except by the crime laboratories as provided under s. 165.77.

AB40-ASA1,1048,18 2. Biological specimens obtained under this section may be used only as provided under s. 165.77.

AB40-ASA1,1938 Section 1938. 165.845 (title) of the statutes is created to read:

AB40-ASA1,1048,20 165.845 (title) Collect crime data.

AB40-ASA1,1939 Section 1939. 165.845 (1) (intro.) of the statutes is created to read:

AB40-ASA1,1048,22 165.845 (1) (intro.) The department of justice shall:

AB40-ASA1,1941 Section 1941. 165.91 (4) of the statutes is repealed.

AB40-ASA1,1942 Section 1942. 165.93 (2) (a) of the statutes is amended to read:

AB40-ASA1,1049,3 165.93 (2) (a) Beginning on January 1, 1995, the The department shall provide grants to eligible organizations from the appropriation appropriations under s. 20.455 (5) (gc) (e) and (gj) to provide services for sexual assault victims.

AB40-ASA1,1942m Section 1942m. 165.94 of the statutes is created to read:

AB40-ASA1,1049,8 165.94 Global positioning system pilot programs; grants. (1) From the appropriation under s. 20.455 (5) (br), the department of justice shall provide grants to counties to establish a global positioning system tracking program for persons who are subject to a temporary restraining order or injunction under s. 813.12 or 813.125.

AB40-ASA1,1049,10 (2) A grant recipient under this section shall provide matching funds equal to 50 percent of the grant amount awarded.

AB40-ASA1,1049,12 (3) Two or more counties may jointly establish and administer a program and apply for and receive a grant under this section.

AB40-ASA1,1944 Section 1944. 165.95 (title) of the statutes is created to read:

AB40-ASA1,1049,14 165.95 (title) Alternatives to incarceration; grant program.

AB40-ASA1,1944m Section 1944m. 165.955 of the statutes is created to read:

AB40-ASA1,1049,19 165.955 Drug court; grant program. (1) In this section, "drug court" means a court that diverts a substance-abusing person from prison or jail into treatment by increasing direct supervision of the person, coordinating public resources, providing intensive community-based treatment, and expediting case processing.

AB40-ASA1,1049,22 (2) From the appropriation under s. 20.455 (2) (eg), the department of justice shall provide, to counties that have not established a drug court, grants to establish and operate drug courts.

AB40-ASA1,1945 Section 1945. 165.984 of the statutes is repealed.

AB40-ASA1,1946 Section 1946. 165.986 (title) of the statutes is created to read:

AB40-ASA1,1049,25 165.986 (title) Beat patrol officers; grant program.

AB40-ASA1,1947 Section 1947. 165.987 (title) of the statutes is created to read:

AB40-ASA1,1050,2 165.987 (title) Youth diversion programs; grant program.

AB40-ASA1,1948 Section 1948. 167.35 (1) (f) 4. of the statutes is created to read:

AB40-ASA1,1050,8 167.35 (1) (f) 4. Any person who owns an automated roll-your-own machine that is used to make cigarettes, not including an individual who owns a roll-your-own machine and uses the machine in his or her home solely to make cigarettes for his or her personal use or for the use of other individuals who live in his or her home.

AB40-ASA1,1949 Section 1949. Chapter 168 (title) of the statutes is repealed and recreated to read:

AB40-ASA1,1050,11 CHAPTER 168

AB40-ASA1,1050,13 petroleum products and dangerous substances

AB40-ASA1,1950 Section 1950. Subchapter I (title) of chapter 168 [precedes 168.01] of the statutes is created to read:

AB40-ASA1,1050,16 CHAPTER 168

AB40-ASA1,1050,17 SUBCHAPTER I

AB40-ASA1,1050,18 Petroleum product inspections

AB40-ASA1,1951 Section 1951. 168.01 (intro.) of the statutes is amended to read:

AB40-ASA1,1050,20 168.01 Definitions. (intro.) In this chapter subchapter:

AB40-ASA1,1952 Section 1952. 168.01 (1) of the statutes is amended to read:

AB40-ASA1,1050,23 168.01 (1) "Department" means the department of safety and professional services agriculture, trade and consumer protection.

AB40-ASA1,1953 Section 1953. 168.01 (2) of the statutes is renumbered 168.01 (4).

AB40-ASA1,1954 Section 1954. 168.02 (title) of the statutes is repealed.

AB40-ASA1,1955 Section 1955. 168.02 of the statutes is renumbered 168.01 (2).

AB40-ASA1,1956 Section 1956. 168.03 (title) of the statutes is repealed.

AB40-ASA1,1957 Section 1957. 168.03 of the statutes is renumbered 168.01 (3).

AB40-ASA1,1958 Section 1958. 168.05 (1) of the statutes is amended to read:

AB40-ASA1,1051,13 168.05 (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 subchapter. 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.

AB40-ASA1,1959 Section 1959. 168.06 (1) of the statutes is amended to read:

AB40-ASA1,1052,2 168.06 (1) For the purposes of administering this chapter subchapter, inspectors may take samples of gasoline, gasoline-alcohol fuel blends, kerosene, other refined oils, fuel oils and petroleum distillates for tests and make inspections at any points within or without this state, and may open any original container containing gasoline, gasoline-alcohol fuel blends, kerosene, other refined oils, fuel oils and petroleum distillates and take a true sample of not less than 8 ounces of the contents thereof, even though the original containers may still be in the possession of a common or contract carrier, provided the opening and sampling does not unduly inconvenience or hamper the transportation of the products. After the original containers are opened and sampled the same shall be resealed with seals furnished by the department for such purposes. The authority conferred by this section shall be in addition to, and not in limitation of, any of the provisions of s. 168.05.

AB40-ASA1,1960 Section 1960. 168.08 (1) of the statutes is amended to read:

AB40-ASA1,1052,4 168.08 (1) Time and place of each inspection.

AB40-ASA1,1961 Section 1961. 168.09 of the statutes is amended to read:

AB40-ASA1,1052,10 168.09 Authority to enter. Any inspector may enter in or upon the premises of any manufacturer, vendor, dealer or user of gasoline, gasoline-alcohol fuel blends, kerosene, other refined oils, fuel oils and petroleum distillates, during regular business hours to determine whether any petroleum product intended for sale or use has not been sampled and inspected in accordance with this chapter subchapter.

AB40-ASA1,1962 Section 1962. 168.125 of the statutes is amended to read:

AB40-ASA1,1052,16 168.125 Reports; payment. Persons who are liable for the fee under this chapter subchapter 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 subchapter.

AB40-ASA1,1963 Section 1963. 168.15 of the statutes is amended to read:

AB40-ASA1,1052,21 168.15 Penalty. Every person who violates any provision of this chapter subchapter that is not related to the fee under s. 168.12 (1) shall forfeit not less than $10 nor more than $100 for each violation. Each day a person fails to comply with any provision of this chapter subchapter is a separate violation.

AB40-ASA1,1964 Section 1964. 168.16 (1) of the statutes is amended to read:

AB40-ASA1,1052,24 168.16 (1) The department shall enforce this chapter subchapter. Inspection districts shall be defined and numbered by the department.

AB40-ASA1,1965 Section 1965. 168.16 (2) of the statutes is amended to read:

AB40-ASA1,1053,3 168.16 (2) Any accident or explosion involving products of petroleum which comes to the knowledge of the department shall be investigated to determine whether or not there has been a violation of this chapter subchapter.

AB40-ASA1,1966 Section 1966. 168.16 (4) of the statutes is amended to read:

AB40-ASA1,1053,6 168.16 (4) The department may promulgate reasonable rules relating to the administration and enforcement of this chapter subchapter.

AB40-ASA1,1967 Section 1967. 168.17 of the statutes is amended to read:

AB40-ASA1,1053,11 168.17 Attorney general and district attorney to prosecute. Upon request of the department, the attorney general or proper district attorney shall prosecute any action to enforce this chapter subchapter except the fee that is imposed under s. 168.12 (1).

AB40-ASA1,1968 Section 1968. 168.18 of the statutes is repealed.

AB40-ASA1,1969 Section 1969. Subchapter II (title) of chapter 168 [precedes 168.21] of the statutes is created to read:

AB40-ASA1,1053,15 CHAPTER 168

AB40-ASA1,1053,16 SUBCHAPTER II

AB40-ASA1,1053,17 Storage of dangerous substances

AB40-ASA1,1970 Section 1970. 168.21 (2) of the statutes is created to read:

AB40-ASA1,1053,20 168.21 (2) "Department" means the department of agriculture, trade and consumer protection.

AB40-ASA1,1970q Section 1970q. 175.35 (2i) of the statutes is amended to read:

AB40-ASA1,1054,2 175.35 (2i) The department shall charge a firearms dealer a $13 $10 fee for each firearms restrictions record search that the firearms dealer requests under sub. (2) (c). The firearms dealer may collect the fee from the transferee. The department may refuse to conduct firearms restrictions record searches for any firearms dealer who fails to pay any fee under this subsection within 30 days after billing by the department.

AB40-ASA1,1971 Section 1971. 175.49 (5m) of the statutes is amended to read:

AB40-ASA1,1054,9 175.49 (5m) Fees. The department may charge a fee to verify eligibility for a certification card under this section, for the issuance of a certification card under sub. (3), or for the renewal of a certification card under sub. (5), but the fee may not exceed the costs the department incurs in verifying eligibility or for issuing or renewing a certification card. Payments made to the department under this subsection shall be credited to the appropriation account under s. 20.455 (2) (gu) (gr).

AB40-ASA1,1971m Section 1971m. 177.01 (1) of the statutes is amended to read:

AB40-ASA1,1054,11 177.01 (1) "Administrator" means the state treasurer secretary of revenue.

AB40-ASA1,1971n Section 1971n. 177.075 (3) of the statutes is created to read:

AB40-ASA1,1054,16 177.075 (3) Any intangible property distributable in the course of the dissolution of the Health Insurance Risk-Sharing Plan under 2013 Wisconsin Act .... (this act), section 9122 (1L), is presumed abandoned as otherwise provided under this chapter if sub. (1) (a), (b), or (c) does not apply with respect to the distribution.

AB40-ASA1,1971r Section 1971r. 177.23 (2) (e) of the statutes is amended to read:

AB40-ASA1,1054,19 177.23 (2) (e) Salaries of the employees of the office of the state treasurer and the department of revenue that are attributable to the administration of this chapter.

AB40-ASA1,1972 Section 1972. 180.1421 (2m) (b) of the statutes is amended to read:

AB40-ASA1,1054,25 180.1421 (2m) (b) If the notice under par. (a) is returned to the department as undeliverable or if the corporation's principal office cannot be determined from the records of the department, the department shall give the notice by publishing a class 1 notice under ch. 985 in the official state newspaper posting the notice on the department's Internet site.