84.078 (1) (ar) "Highway improvement" has the meaning given in s. 84.06 (1).
27,3519jp Section 3519jp. 84.078 (1) (b) of the statutes is repealed.
27,3519jpg Section 3519jpg. 84.078 (1) (bc) of the statutes is created to read:
84.078 (1) (bc) "Operator" has the meaning given in s. 144.442 (9) (a) 1.
27,3519jpm Section 3519jpm. 84.078 (1) (be) of the statutes is created to read:
84.078 (1) (be) "Owner" has the meaning given in s. 144.442 (9) (a) 2.
27,3519jpr Section 3519jpr. 84.078 (1) (bg) of the statutes is created to read:
84.078 (1) (bg) "Person" means an individual, owner, operator, corporation, limited liability company, partnership, association, municipality, interstate agency, state agency or an officer or agent of a state agency, federal agency, department or instrumentality.
27,3519jr Section 3519jr. 84.078 (2) of the statutes is amended to read:
84.078 (2) The department shall use or encourage the use of the maximum possible amount of recovered material, including ash from industrial or utility boilers, foundry sand, glass, paper mill sludge, wastepaper, pavement and rubber recovered from waste tires high-volume industrial waste as surfacing material, structural material, landscaping material and fill for all highway improvements, as defined under s. 84.06 (1), consistent with standard engineering practices. The department shall specify the proportion of recovered material that may be used in various types of highway improvements.
27,3519jt Section 3519jt. 84.078 (3) of the statutes is created to read:
84.078 (3) (a) Notwithstanding chs. 144, 147 and 160, no person is required to take or pay for any remedial or corrective action as a result of environmental pollution resulting from the use of high-volume industrial waste in a highway improvement project if all of the following apply:
1. The high-volume industrial waste is incorporated into the highway improvement in accordance with the policies, guidelines and rules applicable to the highway improvement at the time of the design of the improvement and at the time of certification under subd. 2.
2. The department of natural resources certifies to the department of transportation, before the time that the department of transportation advertises for bids for the improvement, that the high-volume industrial waste intended to be used and the design for the use of the high-volume industrial waste comply with all applicable state requirements or standards administered by the department of natural resources.
(b) The exemption under par. (a) extends to the transportation of high-volume industrial waste to or from the site of a highway improvement and to the storage of high-volume industrial waste at the site of a highway improvement. The exemption provided under par. (a) continues to apply after the date of certification by the department of natural resources under par. (a) 2., notwithstanding the occurrence of any of the following:
1. Statutes or rules are amended that would impose greater responsibilities on the department of transportation.
2. Alterations due to construction, maintenance, utility installation or other activities by the department of transportation or approved by the department of transportation after the completion of the highway improvement affect the high-volume industrial waste at the site of the highway improvement.
(c) The department of transportation and the department of natural resources may enter into agreements establishing standard lists of high-volume industrial waste that may be used in highway improvements and designs for the use of high-volume industrial waste in highway improvements that comply with rules of the department of natural resources applicable at the time of the design of the highway improvement in order to simplify certification under par. (a) 2. to the greatest extent possible.
(d) 1. Except as provided in subd. 3., no state agency may commence an action or proceeding under federal law to require remedial action or to recover the costs of remedying environmental pollution related to the use of high-volume industrial waste in a highway improvement certified under par. (a) 2.
2. Except as provided in subd. 3., no person may commence an action under state law to require remedial action or to recover the costs of remedying environmental pollution related to the use of high-volume industrial waste in a highway improvement certified under par. (a) 2.
3. If the department of transportation is named as a defendant or a respondent in an action or proceeding under federal law to require remedial action, or to recover the costs of remedying environmental pollution, related to the use of high-volume industrial waste in a highway improvement that satisfies the requirements under par. (a), the department of transportation may do any of the following:
a. Commence an action or proceeding under federal or state law to require remedial action, or to recover the costs of remedying environmental pollution, related to the use of high-volume industrial waste in that highway improvement.
b. Commence an action or proceeding to enforce any stipulation, agreement or judgment resulting from an action or proceeding described in this subdivision.
27,3520 Section 3520. 84.25 (11) of the statutes is amended to read:
84.25 (11) Commercial enterprises. No commercial enterprise, except a vending facility which is licensed by the department of health and social services industry, labor and human relations and operated by blind or visually impaired persons, shall be authorized or conducted within or on property acquired for or designated as a controlled-access highway.
27,3524m Section 3524m. 85.015 of the statutes is amended to read:
85.015 Transportation assistance contracts. All contracts entered into under this chapter to provide financial assistance in the areas of railroads, urban mass transit, specialized transportation, and harbors are subject to ss. 16.528 and 16.752 but are exempt from ss. 16.70 to 16.75, 16.755 to 16.82 and 16.85 to 16.89, except that ss. 16.702 and 16.855 (22) apply to such contracts.
27,3525 Section 3525. 85.09 (4m) of the statutes is amended to read:
85.09 (4m) Relocation plan. The department is exempt from s. 32.25 (1) if the department determines that acquiring rail property under this section will not result in any displaced persons as defined in s. 32.19 (2) (e). The department shall file a statement of its determinations with the department of industry, labor and human relations development.
27,3526m Section 3526m. 85.26 of the statutes is renumbered 106.26.
27,3528m Section 3528m. 87.305 (1) (d) of the statutes is amended to read:
87.305 (1) (d) The state historic preservation officer reviews the developer's plans for preservation or rehabilitation of the Dousman hotel and certifies that the preservation or rehabilitation will be consistent with the standards used by the U.S. secretary of the interior to certify rehabilitations under 26 USC 48 (g) (2) (C) 47 (c) (2).
27,3528p Section 3528p. 87.305 (2) (d) of the statutes is amended to read:
87.305 (2) (d) The state historic preservation officer determines that the preservation or rehabilitation of the Dousman hotel is not consistent with the standards used by the U.S. secretary of the interior to certify rehabilitations under 26 USC 48 (g) (2) (C) 47 (c) (2).
27,3529b Section 3529b. 88.05 (6) of the statutes is amended to read:
88.05 (6) Railroad companies shall file with the secretary of state department of financial institutions a document stating the name and post-office address of the person upon whom any notice required by this chapter may be served.
27,3529m Section 3529m. 88.62 (3) of the statutes is amended to read:
88.62 (3) If drainage work is undertaken in navigable waters, the drainage board shall obtain a permit under s. 30.20 or 88.31 or ch. 31, as directed by the department of natural resources.
27,3530g Section 3530g. 88.72 (3) of the statutes is amended to read:
88.72 (3) At the hearing on the petition, any interested person may appear and contest its sufficiency and the necessity for the work. If the drainage board finds that the petition has the proper number of signers and that to afford an adequate outlet it is necessary to remove dams or other obstructions from waters and streams which may be navigable, or to straighten, clean out, deepen or widen any waters or streams either within or beyond the limits of the district, the board shall file an application with the department of natural resources as provided in s. 30.20 or 88.31, as directed by the department of natural resources. Thereafter, proceedings shall be had as provided in s. 30.20 or 88.31 insofar as the same is applicable.
27,3530r Section 3530r. 88.72 (4) of the statutes is amended to read:
88.72 (4) Within 30 days after the department of natural resources has issued a permit under s. 30.20 or 88.31, the board shall proceed to estimate the cost of the work, including the expenses of the proceeding together with the damages that will result from the work, and shall, within a reasonable time, award damages to all lands damaged by the work and assess the cost of the work against the lands in the district in proportion to the assessment of benefits then in force.
27,3540 Section 3540. 91.19 (6s) (a) (intro.) of the statutes is amended to read:
91.19 (6s) (a) (intro.) The department may release from a farmland preservation agreement any land acquired or to be acquired by a local unit of government, as defined in s. 16.20 106.215 (1) (e), for public improvements or structures, including highway improvements, if all of the following occur:
27,3549p Section 3549p. 92.103 (2) of the statutes is amended to read:
92.103 (2) This section does not apply after June 30, 1995 1997.
27,3550 Section 3550. 92.14 (4r) of the statutes is amended to read:
92.14 (4r) Requesting transfer of funds. The department shall submit a request to the joint committee on finance for the transfer of funds from the appropriation under s. 20.370 (4) (cq) (6) (aq) to the appropriation under s. 20.115 (7) (qd) if necessary to provide grants under sub. (4) (c).
27,3551 Section 3551. 92.14 (5) (b) of the statutes is amended to read:
92.14 (5) (b) The department, with the approval of the board, may request the department of natural resources to transfer funds from the appropriation account under s. 20.370 (4) (cc) or (cq) (6) (aa) or (aq) to the appropriation account under s. 20.115 (7) (km) if the funds are needed to pay grants under par. (a).
27,3554 Section 3554. 93.07 (10) (a) of the statutes is renumbered 93.07 (10) and amended to read:
93.07 (10) Animal health; quarantine. To protect the health of domestic animals of the state; to determine and employ the most efficient and practical means for the prevention, suppression, control and eradication of communicable diseases among domestic animals, and for these purposes it may establish, maintain, enforce and regulate such quarantine and such other measures relating to the importation, movement and care of animals and their products, the disinfection of suspected localities and articles, and the disposition of animals, as the department may deem necessary. The definition of "communicable disease" in s. 990.01 (5g) does not apply to this paragraph subsection.
27,3555 Section 3555. 93.07 (10) (b) of the statutes is repealed.
27,3556 Section 3556. 93.07 (22) of the statutes is repealed.
27,3560 Section 3560. 93.40 (3) (b) of the statutes is amended to read:
93.40 (3) (b) Establish, manage and operate permanent or temporary dairy promotion centers to be operated by the department in cooperation with the department of development tourism tourist information centers along major highways into the state.
27,3561 Section 3561. 93.41 (2m) of the statutes is repealed.
27,3562 Section 3562. 93.41 (3) of the statutes is repealed.
27,3566 Section 3566. 93.42 (2) of the statutes is repealed.
27,3566e Section 3566e. 93.42 (3) of the statutes is created to read:
93.42 (3) No later than the first day of the 7th month beginning after the effective date of this subsection .... [revisor inserts date], the department and the department of development shall enter into a memorandum of understanding that includes a strategic plan for international agribusiness marketing and development and that specifies how the departments will coordinate their promotional efforts relating to agricultural and agribusiness products.
27,3567 Section 3567. 93.47 (2) of the statutes is amended to read:
93.47 (2) The department may award grants from the appropriation under s. 20.115 (7) (k) to individuals or organizations to fund demonstration projects designed to encourage the use of sustainable agriculture. The department shall promulgate rules to govern the sustainable agriculture grant program under this section.
27,3567e Section 3567e. 93.47 (3) of the statutes is created to read:
93.47 (3) This section does not apply after June 30, 1996, unless the senate and assembly standing committees with jurisdiction over agricultural matters, as determined by the speaker of the assembly and the president of the senate, have approved the funding report of the department under 1995 Wisconsin Act .... (this act), section 9104 (4g).
27,3568 Section 3568. 93.60 of the statutes is amended to read:
93.60 Computer system equipment, staff and services transfers. The department may transfer to the appropriation account under s. 20.115 (8) (k) in each fiscal year an amount from the appropriations appropriation accounts under s. 20.115 (1) (g), (gb), (gh), (gm), (hm), (j), (jm), (m), (r) and (s), (2) (g), (ha), (j), (k) and (m), (3) (g), (h), (i), (j), (ja), (L) and (m), (7) (g), (ga), (gm), (ig), (k) and (m) and (8) (ga), (gm), (h), (ha), (i), (j), (kp), (ks), (m) and (pz) and (9) (m). The total amount that the department transfers in each fiscal year from these appropriations appropriation accounts to the appropriation account under s. 20.115 (8) (k) may not exceed the amount specified in the schedule under s. 20.115 (8) (k) for each fiscal year. The amounts transferred from each appropriation account shall be based on the actual costs incurred by the department for computer system equipment, staff and services provided for the purpose of that appropriation account.
27,3569 Section 3569 . 93.60 of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:
93.60 Computer system equipment, staff and services transfers. The department may transfer to the appropriation account under s. 20.115 (8) (k) in each fiscal year an amount from the appropriation accounts under s. 20.115 (1) (g), (gb), (gh), (gm), (hm), (j), (jm), (m), (r) and (s), (2) (g), (ha), (j), (k) and (m), (3) (g), (h), (i), (ja), (L) and (m), (7) (g), (ga), (gm), (ig), (k) and (m) and (8) (ga), (gm), (h), (ha), (i), (j), (kp), (ks), (m) and (pz) and (9) (m). The total amount that the department transfers in each fiscal year from these appropriation accounts to the appropriation account under s. 20.115 (8) (k) may not exceed the amount specified in the schedule under s. 20.115 (8) (k) for each fiscal year. The amounts transferred from each appropriation account shall be based on the actual costs incurred by the department for computer system equipment, staff and services provided for the purpose of that appropriation account.
27,3569p Section 3569p. 94.10 (3) (a) of the statutes is amended to read:
94.10 (3) (a) No person may engage as a nurseryman in this state without a license from the department. Such license expires on March 31 of each year. Applications for license shall be submitted on a form prescribed by the department, and shall be accompanied by payment of the required fee. The fee for nurserymen whose gross annual sales of nursery stock do not exceed $500 $5,000 is $10. The fee for nurserymen whose gross annual sales exceed $500 shall be $5,000 is based on total acreage and is as follows: $35 for less than 10 acres; and $35 for 10 acres or more with an additional acreage fee of $25 for each 25 acres or fraction thereof for all acreage in excess of 10. Nurserymen selling nursery stock from a supply on hand at other than a nursery location shall pay an additional fee of $25 for each such place of business. Each nurseryman shall buy, sell and distribute only nursery stock from officially inspected sources. Upon request of the department, the nurseryman shall furnish a list of all sources from which the nursery stock is secured and all locations where such stock is sold. No license is transferable.
27,3569q Section 3569q. 94.10 (3) (b) 1. a. to c. of the statutes are amended to read:
94.10 (3) (b) 1. a. If the applicant's gross annual sales of nursery stock are not more than $500 $5,000, $20.
b. If the applicant's gross annual sales of nursery stock are more than $500 $5,000 and the applicant's nursery is less than 10 acres, $90.
c. If the applicant's gross annual sales of nursery stock are more than $500 $5,000 and the applicant's nursery is 10 acres or more, the sum of $90 plus $10 for each 25 acres or fraction of 25 acres in excess of 10.
27,3570 Section 3570. 94.29 of the statutes is amended to read:
94.29 Appeal. If either party is not satisfied with the award the party may, within 10 days after the delivery of the copy thereof to him or her, serve upon either of the arbitrators notice of appeal from their award to the circuit court of the county in which the lands or any part thereof are situated and pay to the arbitrators the whole amount of their fees plus the fee prescribed in s. 814.61 (8) (a) 1. or (am) 1.; and if the party required to pay the damages gives notice of an appeal therefrom he or she shall file with the notice of appeal an undertaking, signed by 2 or more sureties, to be approved by at least 2 of the arbitrators, in double the amount of the award, conditioned to pay any judgment that may be rendered against the party upon appeal. Upon filing the notice of appeal and undertaking, when required, the arbitrators, or 2 of them, shall, within 10 days, make and sign a full statement of the proceedings had by them and of their award and file the same with the clerk of circuit court and pay the fee prescribed in s. 814.61 (8) (a) 1. or (am) 1.; and thereupon the clerk shall enter an action in which the claimant is the plaintiff, which shall be deemed then at issue, and proceedings shall be had thereon in like manner as in other civil actions in the court. Unless the appellant obtains a more favorable judgment upon appeal, he or she shall pay costs; otherwise, the respondent.
27,3572 Section 3572. 94.704 (3) (a) of the statutes is amended to read:
94.704 (3) (a) Except as provided under par. (b), a licensee under this section shall pay an annual license fee of $50 $60. The department shall deposit all license fees collected under this paragraph in the agrichemical management fund.
27,3573 Section 3573. 94.705 (1) (title) of the statutes is amended to read:
94.705 (1) (title) Certification requirements; fees.
27,3574 Section 3574. 94.705 (1) (d) of the statutes is amended to read:
94.705 (1) (d) Except as provided under sub. (4), no commercial applicator may be certified except upon satisfactory completion of a written examination. The examination shall be designed to test the applicant's competency in each category of pesticide use for which the applicant seeks certification. A commercial applicator applying for certification shall pay an examination fee of $10 for each examination in each certification category. If an applicant fails an examination in any certification category, the applicant shall pay a fee of $5 each time the examination is retaken. The department may not administer an examination under this paragraph unless the applicant has paid the required fee. Any person exempt from license fees under s. 94.704 (3) (b) is also exempt from examination fees under this paragraph. The department shall deposit the fees collected under this paragraph in the agrichemical management fund.
27,3574q Section 3574q. 94.73 (7) (a) of the statutes is amended to read:
94.73 (7) (a) Beginning on August 1, 1994, the department may, in accordance with this subsection, make payments to responsible persons who are eligible for reimbursement under sub. (3) and for whom the department has authorized reimbursement under sub. (6). The department shall make payments from the appropriations under s. 20.115 (7) (e) and (w), subject to the availability of funds in those appropriations. The department shall make payments from each appropriation in the proportion that the amount of funds available from that appropriation bears to the total amount of funds available from both appropriations.
27,3574r Section 3574r. 94.73 (7) (e) of the statutes is amended to read:
94.73 (7) (e) The department shall make payments under par. (b) when funds are available in the appropriations under s. 20.115 (7) (e) and (w). The department shall make all payments under pars. (c) and (d) on the last day of each fiscal year in which a responsible person is entitled to receive a payment, except that the department may make initial payments for applications granted after April 30 of any year on the last day of the following fiscal year. When, on the last day of a fiscal year, the amount of funds available in the appropriations under s. 20.115 (7) (e) and (w) exceeds the amount necessary to make all payments under pars. (b), (c) and (d), the department may make an additional payment to a responsible person who received a payment under par. (b) or may increase the amount of a payment to a responsible person under par. (b) or (c) over the $50,000 or $100,000 maximum authorized under those paragraphs if the responsible person is authorized under sub. (6) to receive additional reimbursement. After paying the full amount authorized under sub. (6) to all responsible persons under pars. (b) and (c), the department may increase the amount of a payment to a responsible person under par. (d) over the $50,000 maximum authorized under par. (d) if the responsible person is authorized under sub. (6) to receive additional reimbursement.
27,3576 Section 3576. 95.179 of the statutes is repealed.
27,3597b Section 3597b. 96.17 (6) of the statutes is amended to read:
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