AB100: Bill Text

AB100, s. 3095 Section 3095. 165.25 (6) (a) of the statutes is amended to read:

AB100,1287,11 165.25 (6) (a) At the request of the head of any department of state government, the attorney general may appear for and defend any state department, or any state officer, employe or agent of the department in any civil action or other matter brought before a court or an administrative agency which is brought against the state department, or officer, employe or agent for or on account of any act growing out of or committed in the lawful course of an officer's, employe's or agent's duties. Witness fees or other expenses determined by the attorney general to be reasonable and necessary to the defense in the action or proceeding shall be paid as provided for in s. 885.07. The attorney general, with the the approval of the department of administration, may compromise and settle the action as the attorney general determines to be in the best interest of the state. Members, officers and employes of the Wisconsin state agencies building corporation and the Wisconsin state public building corporation are covered by this section. Members of the board of governors created under s. 619.04 (3), members of a committee or subcommittee of that board of governors, members of the patients compensation fund peer review council created under s. 655.275 (2) and persons consulting with that council under s. 655.275 (5) (b) are covered by this section with respect to actions, claims or other matters arising before, on or after April 25, 1990. The attorney general, with the the approval of the department of administration, may compromise and settle claims asserted before such actions or matters formally are brought or may delegate such authority to the department of administration. This paragraph may not be construed as a consent to sue the state or any department thereof or as a waiver of state sovereign immunity.

AB100, s. 3096 Section 3096. 165.25 (6) (d) of the statutes is created to read:

AB100,1287,21 165.25 (6) (d) Students enrolled in a public or private institution of higher education and who are under the direct supervision of a health care provider, as defined in s. 146.81 (1), are covered by this section and shall be considered agents of the department of health and family services for purposes of determining which agency head may request the attorney general to appear and defend them. This paragraph only applies to students providing health care services to prisoners incarcerated in a state prison described under s. 302.01 pursuant to a contract between a state agency, as defined in s. 20.001 (1), and a public or private institution of higher education.

AB100, s. 3097 Section 3097. 165.70 (3m) of the statutes is amended to read:

AB100,1287,25 165.70 (3m) The attorney general shall establish a separate bureau in the division of criminal investigation in which all of the department's gaming law enforcement responsibilities under chs. 561 562 to 569 and 945 shall be performed.

AB100, s. 3098 Section 3098. 165.72 (6) of the statutes is amended to read:

AB100,1288,5 165.72 (6) Records. The department may withhold any record under this section from inspection or copying under s. 19.35. The department shall provide information from any record under this section in response to a request for information made under s. 49.22 (2m).

AB100, s. 3099 Section 3099. 165.72 (7) of the statutes is amended to read:

AB100,1288,9 165.72 (7) Publicity. The department shall cooperate with the department of education public instruction in publicizing, in public schools, the use of the toll-free telephone number under sub. (2).

AB100, s. 3100 Section 3100. 165.755 of the statutes is created to read:

AB100,1288,15 165.755 Crime laboratories assessment. (1) (a) Except as provided in par. (b), beginning on January 1, 1998, a court shall impose a crime laboratories assessment of $4 if the court imposes a sentence, places a person on probation or imposes a forfeiture for a violation of state law or for a violation of a municipal or county ordinance.

AB100,1288,19 (b) A court may not impose the crime laboratories assessment under par. (a) for a violation of s. 101.123 (2) (a), (am) 1. or (bm) or (5) (b) or for a violation of a state law or municipal or county ordinance involving a nonmoving traffic violation or a safety belt use violation under s. 347.48 (2m).

AB100,1288,22 (2) If the court under sub. (1) (a) imposes a sentence or forfeiture for multiple offenses or places a person on probation for multiple offenses, a separate crime laboratories assessment shall be imposed for each separate offense.

AB100,1289,2 (3) Except as provided in sub. (4), after the court determines the amount due under sub. (1) (a), the clerk of the court shall collect and transmit the amount to the county treasurer under s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer under s. 59.25 (3) (f) 2.

AB100,1289,6 (4) If a municipal court imposes a forfeiture, after determining the amount due under sub. (1) (a) the court shall collect and transmit such amount to the treasurer of the county, city, town or village, and that treasurer shall make payment to the state treasurer as provided in s. 66.12 (1) (b).

AB100,1289,12 (5) If any deposit of bail is made for a noncriminal offense to which sub. (1) (a) applies, the person making the deposit shall also deposit a sufficient amount to include the assessment prescribed in sub. (1) (a) for forfeited bail. If bail is forfeited, the amount of the assessment under sub. (1) (a) shall be transmitted monthly to the state treasurer under this section. If bail is returned, the assessment shall also be returned.

AB100,1289,16 (6) If an inmate in a state prison or a person sentenced to a state prison has not paid the crime laboratories assessment under sub. (1) (a), the department shall assess and collect the amount owed from the inmate's wages or other moneys. Any amount collected shall be transmitted to the state treasurer.

AB100,1289,19 (7) All moneys collected from crime laboratories assessments under this section shall be deposited by the state treasurer and used as specified in s. 20.455 (2) (kd) and (Lm).

AB100, s. 3101 Section 3101. 165.76 (1) (a) of the statutes is amended to read:

AB100,1289,25 165.76 (1) (a) Is in prison or a secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g) or on probation, community supervision, parole, supervision or aftercare supervision on or after August 12, 1993, for any violation of s. 940.225 (1) or (2), 948.02 (1) or (2) or 948.025.

AB100, s. 3102 Section 3102. 165.76 (1) (e) of the statutes is amended to read:

AB100,1290,6 165.76 (1) (e) Is on parole, community supervision or probation in this state from another state under s. 304.13 or 304.135 on or after July 9, 1996, for a violation of the law of another state that the department of corrections determines, under s. 304.137, is comparable to a violation of s. 940.225 (1) or (2), 948.02 (1) or (2) or 948.025.

AB100, s. 3103 Section 3103. 165.76 (2) (b) 1. of the statutes is amended to read:

AB100,1290,12 165.76 (2) (b) 1. If the person has been placed on probation or supervision, he or she shall provide the specimen under par. (a) at the office of a county sheriff as soon after the placement as practicable, as directed by his or her probation , community supervision and parole agent or, if a child, the agency providing supervision for the child.

AB100, s. 3104 Section 3104. 165.76 (2) (b) 2. of the statutes is amended to read:

AB100,1290,21 165.76 (2) (b) 2. If the person has been sentenced to prison or placed in a secured correctional facility or a secured child caring institution, he or she shall provide the specimen under par. (a) at the office of a county sheriff as soon as practicable after release on parole, community supervision or aftercare supervision, as directed by his or her probation, community supervision and parole agent or aftercare agent, except that the department of corrections may require the person to provide the specimen while he or she is in prison or in a secured correctional facility or a secured child caring institution.

AB100, s. 3105 Section 3105. 165.76 (2) (b) 3m. of the statutes is amended to read:

AB100,1291,2 165.76 (2) (b) 3m. If the person is on parole, community supervision or probation in this state from another state under s. 304.13 or 304.135, he or she shall provide the specimen under par. (a) at the office of a county sheriff as soon as practicable after entering this state, as directed by his or her probation, community supervision and parole agent.

AB100, s. 3106 Section 3106. 165.76 (2) (b) 5. of the statutes is amended to read:

AB100,1291,9 165.76 (2) (b) 5. Notwithstanding subds. 1. to 3., for persons who are subject to sub. (1) and who are in prison, a secured correctional facility or a secured child caring institution or on probation, community supervision, parole, supervision or aftercare supervision on August 12, 1993, the departments of justice, corrections and health and family services shall cooperate to have these persons provide specimens under par. (a) before July 1, 1998.

AB100, s. 3107 Section 3107. 165.76 (2) (b) 6. of the statutes is amended to read:

AB100,1291,15 165.76 (2) (b) 6. Notwithstanding subd. 3m., for a person who is subject to sub. (1) (e) and who is on parole, community supervision or probation in this state from another state on July 9, 1996, the department of justice and the department of corrections shall cooperate to have these persons provide specimens under par. (a) before July 1, 2000.

AB100, s. 3108 Section 3108. 165.77 (6) of the statutes is amended to read:

AB100,1291,21 165.77 (6) Except as necessary to administer this section or as provided under the department's rules under sub. (8), the department shall deny access to any record kept under this section. The department shall provide information from any record kept under this section in response to a request for information made under s. 49.22 (2m).

AB100, s. 3109 Section 3109. 165.8285 (1m) of the statutes is created to read:

AB100,1292,7 165.8285 (1m) The department of justice shall, through the transaction information for management of enforcement system, provide correctional authorities, as defined in s. 301.47 (1) (a), and law enforcement agencies, as defined in s. 165.83 (1) (b), with access to the criminal gang data bank maintained by the department of corrections under s. 301.47. In addition, the department of justice shall, if requested to do so by the department of corrections, cooperate with the department of corrections in developing and using a computerized or direct electronic data transfer system other than the transaction information for management of enforcement system to provide access to the criminal gang data bank under s. 301.47.

AB100, s. 3110 Section 3110. 165.84 (5) of the statutes is amended to read:

AB100,1292,15 165.84 (5) All persons in charge of law enforcement and tribal law enforcement agencies, all clerks of court, all municipal judges where they have no clerks, all persons in charge of state and county penal and correctional institutions, and all persons in charge of state and county probation, community supervision and parole offices, shall supply the department with the information described in s. 165.83 (2) (f) on the basis of the forms and instructions to be supplied by the department under s. 165.83 (2) (g).

AB100, s. 3111 Section 3111. 165.85 (3) (c) of the statutes is amended to read:

AB100,1292,21 165.85 (3) (c) Certify Except as provided in the memorandum of understanding under sub. (3m) (a), certify persons as being qualified under this section to be law enforcement, tribal law enforcement, jail or secure detention officers. Prior to being certified under this paragraph, a tribal law enforcement officer shall agree to accept the duties of law enforcement officers under the laws of this state.

AB100, s. 3112 Section 3112. 165.85 (3) (cm) of the statutes is amended to read:

AB100,1293,8 165.85 (3) (cm) Decertify law enforcement, tribal law enforcement, jail or secure detention officers who terminate employment or are terminated or, who violate or fail to comply with a rule or order of the board relating to curriculum or training or who fail to pay court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse. The board shall establish procedures for decertification in compliance with ch. 227, except that decertification for failure to pay court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse shall be governed by the memorandum of understanding under sub. (3m) (a).

AB100, s. 3113 Section 3113. 165.85 (3m) of the statutes is created to read:

AB100,1293,11 165.85 (3m) Duties relating to support enforcement. The board shall do all of the following:

AB100,1293,18 (a) As provided in a memorandum of understanding entered into with the department of industry, labor and job development under s. 49.857, refuse certification to an individual who applies for certification under this section, refuse recertification to an individual certified under this section or decertify an individual certified under this section if the individual fails to pay court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse.

AB100,1294,2 (b) Request that an individual provide the board with his or her social security number when he or she applies for certification or recertification under this section. If an individual who is requested by the board to provide his or her social security number under this paragraph does not comply with the board's request, the board shall deny the individual's application for certification or recertification. The board may disclose a social security number provided by an individual under this paragraph only to the department of industry, labor and job development as provided in a memorandum of understanding entered into with the department of industry, labor and job development under s. 49.857.

AB100, s. 3114 Section 3114. 165.85 (4) (d) of the statutes is amended to read:

AB100,1294,9 165.85 (4) (d) The Except as provided in the memorandum of understanding under sub. (3m) (a), the board shall issue a certificate evidencing satisfaction of the requirements of pars. (b), (bn) and (c) to any applicant who presents such evidence, as is required by its rules, of satisfactory completion of requirements equivalent in content and quality to those fixed by the board under the board's authority as set out in pars. (b), (bn) and (c).

AB100, s. 3115 Section 3115. 165.85 (4) (f) of the statutes is amended to read:

AB100,1294,17 165.85 (4) (f) In Except as provided in the memorandum of understanding under sub. (3m) (a), and in addition to certification procedures under pars. (a) to (d), the board may certify any person as being a tribal law enforcement officer on the basis of the person's completion of the training requirements for law enforcement officer certification prior to May 6, 1994. The officer must also meet the agreement requirements under sub. (3) (c) prior to certification as a tribal law enforcement officer.

AB100, s. 3116 Section 3116. 165.87 (1) (c) of the statutes is amended to read:

AB100,1294,22 165.87 (1) (c) Of the balance of the moneys collected from penalty assessments under this section, 62.2% shall be credited to the appropriation account under s. 20.255 (2) 20.435 (3) (g) and the remainder shall be credited to the appropriation account under s. 20.255 (1) 20.435 (3) (hr).

AB100, s. 3117 Section 3117. 166.20 (7) (a) (intro.) of the statutes is amended to read:

AB100,1295,3 166.20 (7) (a) (intro.) The board shall establish, by rule, the following fees at levels designed to fund the board's administrative expenses and the grants under s. 166.21 and to repay the amount expended under s. 20.465 (3) (d):

AB100, s. 3118 Section 3118. 168.01 of the statutes is renumbered 168.01 (intro.) and amended to read:

AB100,1295,6 168.01 (title) Definition Definitions. (intro.) In this chapter "department":

AB100,1295,7 (1) "Department" means the department of commerce.

AB100, s. 3119 Section 3119. 168.01 (2) of the statutes is created to read:

AB100,1295,21 168.01 (2) "Supplier" includes a person who imports, or acquires immediately upon import, petroleum products by pipeline or marine vessel from a state, territory or possession of the United States or from a foreign country into a terminal and who is registered under 26 USC 4101 for tax-free transactions in gasoline. "Supplier" also includes a person who produces in this state; or imports into a terminal or bulk plant; or acquires immediately upon import by truck, railcar or barge into a terminal; alcohol or alcohol derivative products. "Supplier" also includes a person who produces, manufactures or refines petroleum products in this state. "Supplier" also includes a person who acquires petroleum products pursuant to an industry terminal exchange agreement. "Supplier" does not include a retail dealer or wholesaler who merely blends alcohol with gasoline before the sale or distribution of the product and does not include a terminal operator who merely handles in a terminal petroleum products consigned to the terminal operator.

AB100, s. 3120 Section 3120. 168.12 (1) of the statutes is amended to read:

AB100,1296,5 168.12 (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 department of revenue shall determine when a petroleum product is received under this subsection in the same manner that it determines under s. 78.07 when motor vehicle fuel is received. The fee shall be paid under s. 168.125 and shall be based on the number of gallons reported under s. 168.125.

AB100, s. 3121 Section 3121. 168.12 (6) of the statutes is created to read:

AB100,1296,11 168.12 (6) (a) Any person who purchases in this state general aviation fuel, as defined in s. 78.55 (3), from a supplier is eligible for an allowance of 2 cents for each gallon of general aviation fuel purchased in excess of 1,000,000 gallons per month. A person who purchases general aviation fuel for resale is not eligible for the allowance.

AB100,1296,15 (b) To receive an allowance, an eligible purchaser under par. (a) shall complete a claim upon a form that the department of revenue prescribes and furnishes and file the claim with the department of revenue not later than 12 months after the date of purchase of the general aviation fuel.

AB100,1296,25 (c) The department of revenue shall investigate the correctness and veracity of the representations in the claim and may require a claimant to submit records to substantiate the claim. The department of revenue shall either allow or deny a claim under this subsection not later than 60 days after the filing of the claim. If the department of revenue allows the claim, it shall pay the claimant the amount allowed from the moneys appropriated under s. 20.855 (4) (r). If the department of revenue does not pay the allowance by the 90th day after the date on which the purchaser files the claim, the department of revenue shall also pay interest on the unpaid claim beginning on that day, at the rate of 9% per year, from the moneys appropriated under s. 20.855 (4) (r).

AB100,1297,2 (d) If a purchaser negligently files a claim under this subsection that is inaccurate in whole or in part, the department of revenue shall:

AB100,1297,4 1. If the department of revenue has not paid the claim but has allowed a portion of the claim, reduce the allowance by 25%.

AB100,1297,10 2. If the department of revenue has paid the claim, require the purchaser to refund to the department of revenue that portion of the amount paid under par. (c) to which the purchaser is not entitled and impose a penalty on the purchaser equal to 25% of the allowance, plus interest on the sum of the unpaid penalty and the amount required to be refunded, accruing from the date that the penalty is imposed, at the rate of 12% per year.

AB100,1297,12 (e) If a purchaser files a fraudulent claim under this subsection, the department of revenue shall:

AB100,1297,16 1. If the claim has not been paid and the department of revenue allows no portion of the claim, impose a penalty on the purchaser equal to 50% of the amount claimed by the purchaser, plus interest on the unpaid penalty, accruing from the date that the penalty is imposed, at the rate of 12% per year.

AB100,1297,18 2. If the claim has not been paid and the department of revenue allows a portion of the claim, reduce the allowance by 50%.

AB100,1297,24 3. If the claim has been paid, require the purchaser to refund to the department of revenue that portion of the amount paid under par. (c) that the department of revenue determines was fraudulently obtained and impose a penalty on the purchaser equal to 50% of the amount claimed by the purchaser, plus interest on the sum of the unpaid penalty and the amount required to be refunded, accruing from the date that the penalty is imposed, at the rate of 12% per year.

AB100,1298,2 (f) Any person who knowingly signs or verifies a fraudulent claim under par. (e) may be fined not more than $500 or imprisoned for not more than 30 days or both.

AB100,1298,6 (g) Any person who knowingly aids, abets or assists another in making a fraudulent claim under par. (e) or in signing or verifying a fraudulent claim under par. (f) may be fined not more than $500 or imprisoned for not more than 30 days or both.

AB100,1298,11 (h) With respect to imposing a penalty and requiring a refund under par. (d), the department of revenue shall give notice to the purchaser within 4 years after the date that the claim was filed. The department of revenue may impose a penalty and require a refund under par. (e) when the department of revenue discovers the fraud committed.

AB100, s. 3122 Section 3122. 170.12 (3) (d) of the statutes is amended to read:

AB100,1298,15 170.12 (3) (d) Describe, in detail, the applicant's plans for the use and disposition of any logs raised, including any information necessary for or related to sub. (5).

AB100, s. 3123 Section 3123. 170.12 (3) (em) of the statutes is created to read:

AB100,1298,18 170.12 (3) (em) 1. If the applicant is an individual, provide the social security number of the applicant.

AB100,1298,21 2. The board may not disclose any information received under subd. 1. to any person except the department of industry, labor and job development in accordance with a memorandum of understanding under s. 49.857.

AB100, s. 3124 Section 3124. 170.12 (5) (intro.) of the statutes is renumbered 170.12 (5) and amended to read:

AB100,1299,5 170.12 (5) (title) Reservation of value; offset. The state reserves to itself 30% 20% of the appraised market value of any log raised pursuant to a permit issued under this section. Any applicant may, as part of the application under sub. (3), propose projects for the use of logs raised, and for the use of proceeds from logs raised and sold, as an offset to the state's share of the value of any logs raised. Any project proposed as the basis for an offset shall have demonstrated potential to do 2 or more of the following:

AB100, s. 3125 Section 3125. 170.12 (5) (a) to (c) of the statutes are repealed.

AB100, s. 3126 Section 3126. 170.12 (6) (d) of the statutes is repealed.

AB100, s. 3127 Section 3127. 170.12 (8) of the statutes is renumbered 170.12 (8) (a).

AB100, s. 3128 Section 3128. 170.12 (8) (b) of the statutes is created to read:

AB100,1299,15 170.12 (8) (b) 1. In the case of an applicant that is an individual, the board shall deny an application for an original or renewal permit if the applicant fails to provide the information required under sub. (3) (em) 1. or if the applicant fails to pay court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, as provided in a memorandum of understanding entered into under s. 49.857.