Date of enactment: May 30, 1996
1995 Assembly Bill 865 Date of publication*: June 13, 1996
* Section 991.11, Wisconsin Statutes 1993-94: Effective date of acts. "Every act and every portion of an act enacted by the legislature over the governor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication as designated" by the secretary of state [the date of publication may not be more than 10 working days after the date of enactment].
1995 WISCONSIN ACT 378
An Act to amend 20.370 (2) (bL), 29.52 (2) (c), 29.535 (title), 29.535 (1) (c) to (e), 32.51 (1) (b), 36.25 (11) (c), 46.06 (2), 60.70 (10), 60.72 (4), 60.77 (4) and (5) (e) and (g), 60.79 (2) (b) 1. and 2., (c), (d) 1. and (e), 60.79 (3) and (4) (intro.), 61.34 (3), 62.175 (2), 62.22 (1), 65.06 (1), 65.06 (8), 65.06 (17), 66.061 (1) (a), 66.066 (1a), 66.071 (1) (title), 66.071 (1) (c), 66.071 (1) (f), 66.071 (1) (g), 66.071 (1) (j), 66.077 (2), 66.077 (3), 66.60 (6m) (c) 1., 67.05 (5) (b), 70.327, 87.305 (1) (intro.), 87.305 (1) (c) (intro.), 97.34 (2) (c), 97.34 (2) (d), 101.143 (4) (b) 10., 144.01 (9), 144.01 (15), 144.02 (1), 144.025 (2) (b) 1., 144.025 (2) (h), 144.025 (2) (L), 144.0255 (1) and (2), 144.442 (6) (c), 144.77 (6) (a), 145.04 (title) and (1), 145.05, 160.27 (5), 160.34, 196.58 (7) (a), 254.36 (3) (intro.), 301.24 (2) and 560.08 (2) (b); and to repeal and recreate 29.535 (1) (a) and 29.535 (2) of the statutes; relating to: eliminating obsolete terminology regarding water systems, authorizing the department of natural resources to utilize moneys for removal of abandoned containers and introducing, stocking and planting fish, spawn and other wild animals (suggested as remedial legislation by the department of natural resources).
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
Prefatory note: This bill is a remedial legislation proposal, requested by the department of natural resources and introduced by the law revision committee under s. 13.83 (1) (c) 4., stats. After careful consideration of the various provisions of the bill, the law revision committee has determined that this bill makes minor substantive changes in the statutes, and that these changes are desirable as a matter of public policy.
378,1 Section 1. 20.370 (2) (bL) of the statutes is amended to read:
20.370 (2) (bL) Wastewater management — fees. All moneys received under s. 144.025 (2) (L) for the certification of operators of waterworks water systems, wastewater treatment plants and septage servicing vehicles and under s. 146.20 (4s) (a) and (b) for wastewater management activities.
Note: This amendment deletes the obsolete term "waterworks" from an appropriations statute governing wastewater management fees and replaces it with the term "water systems".
378,2 Section 2. 29.52 (2) (c) of the statutes is amended to read:
29.52 (2) (c) A description of the water supply system to be used in the operation of the hatchery.
Note: This amendment deletes the term "water supply" from the statute relating to private fish hatcheries and replaces it with the term "water system".
378,3 Section 3. 29.535 (title) of the statutes is amended to read:
29.535 (title) Introducing fish and game Introduction of wild animals.
378,4 Section 4. 29.535 (1) (a) of the statutes is repealed and recreated to read:
29.535 (1) (a) A person must be issued a permit from the department before doing any of the following:
1. Importing into the state any fish, spawn or any other wild animal for the purpose of introducing, stocking or planting that fish, spawn or wild animal.
2. Introducing, stocking or planting any fish, spawn or other wild animal.
378,5 Section 5. 29.535 (1) (c) to (e) of the statutes are amended to read:
29.535 (1) (c) Permits for introducing, stocking or planting under par. (a) 2. shall be issued by the department only after investigation and inspection of the fish, birds or spawn or other wild animals as it the department determines is necessary.
(d) Permits that are issued under par. (a) 1. to import into the state fish or spawn thereof of the family salmonidae, including trout, char or salmon, may be issued only if the source of the fish or eggs is certified free of such diseases as are designated by the department.
(e) Fish or spawn thereof imported under a permit issued under par. (a) 1. are subject to inspection by the department and such inspection may include removal of reasonable samples of fish or eggs for biological examination.
378,6 Section 6. 29.535 (2) of the statutes is repealed and recreated to read:
29.535 (2) Nothing in this section shall prohibit the department or its duly authorized agents from doing any of the following:
(a) Importing into the state any fish, spawn or any other wild animal for the purpose of introducing, stocking or planting that fish, spawn or wild animal.
(b) Introducing, stocking or planting any fish, spawn or other wild animal.
Note: These amendments repeal and recreate s. 29.535 (1) (a) and make related changes in other portions of s. 29.535. The repeal and recreation of this provision clarifies that a person must have a permit for stocking or introducing fish, spawn or a wild animal, regardless of whether the person brought the fish, spawn or wild animal into the state or the person obtained the fish, spawn or wild animal from within the state. The department of natural resources states that this repeal and recreation is necessary because the current statute causes confusion over the applicability and intent of this section. The current language states clearly that the permit requirement applies to the importation into this state of fish, spawn or wild animals for the purpose of introducing or stocking them, but is somewhat confusing with respect to stocking or introduction that does not involve importation into this state.
378,7 Section 7. 32.51 (1) (b) of the statutes is amended to read:
32.51 (1) (b) Public alleys, grounds, harbors, libraries, museums, school sites, vehicle parking areas, airports, markets, hospitals, ward yards, bridges, viaducts, waterworks water systems and water mains.
Note: This amendment deletes the obsolete term "waterworks" from the eminent domain statute which lists the types of purposes for which condemned property may be used and replaces it with the term "water systems".
378,8 Section 8. 36.25 (11) (c) of the statutes is amended to read:
36.25 (11) (c) The laboratory shall provide analytical support to the appropriate state agencies charged with water supply system evaluation. The support service shall include an evaluation from a public health standpoint and analytical support to ascertain the water's suitability for manufacturing, commercial and recreational purposes as determined by the rules promulgated by the department of health and social services, the department of natural resources and the department of agriculture, trade and consumer protection.
Note: This amendment deletes the term "water supply" from the statute governing the state laboratory of hygiene and replaces it with the term "water system".
378,9 Section 9. 46.06 (2) of the statutes is amended to read:
46.06 (2) Easements. The department may grant easements for the extension of municipal and public utilities onto the lands of the institutions under its jurisdiction, for the purpose of connecting railroads, roads, waterworks water systems, sewers, electric lines and similar facilities, to serve such institutions.
Note: This amendment deletes the obsolete term "waterworks" from the statute relating to grants of easements by the department of natural resources and replaces it with the term "water systems".
378,10 Section 10. 60.70 (10) of the statutes is amended to read:
60.70 (10) "Water supply system" means all structures, conduits and appurtenances by means of which water is delivered to consumers except piping and fixtures inside buildings served and service pipes from building to street main.
Note: This amendment updates the term "water supply system" to "water system" in the section of the statutes relating to town sanitary districts.
378,11 Section 11. 60.72 (4) of the statutes is amended to read:
60.72 (4) Finding. Following the public hearing, the department shall determine if private sewage systems or private domestic water supply systems, or both, in the affected towns constitute a threat to public health, safety, convenience or welfare or of pollution of waters of the state, and that there is no local action to correct the situation. The department shall issue its determination as written findings.
Note: This amendment updates the term "water supply system" to "water system" in the statute relating to a finding of the department of natural resources as to whether a town sanitary district should be established.
378,12 Section 12. 60.77 (4) and (5) (e) and (g) of the statutes are amended to read:
60.77 (4) General powers and duties. The commission may project, plan, construct and maintain a system of water supply, solid waste collection and disposal of sewage sewerage system, including drainage improvements, sanitary sewers, surface sewers or storm water sewers, or all of the improvements or activities or any combination of them necessary for the promotion of the public health, comfort, convenience or welfare of the district. The commission may provide chemical or mechanical treatment of waters for the suppression of swimmers' itch, algae and other nuisance-producing aquatic growths.
(5) (e) Fix and collect charges for solid waste collection and disposal, sewage service and water supply service. The commission may fix and collect sewage service charges under s. 66.076 and water supply service charges under s. 66.069.
(g) Provide for the operation as a single enterprise of its water supply, solid waste or sewerage system, or any part or combination of parts of the system.
Note: These amendments update terms relating to water and sewerage systems in the statute relating to general powers and duties of a town sanitary district commission.
378,13 Section 13. 60.79 (2) (b) 1. and 2., (c), (d) 1. and (e) of the statutes are amended to read:
60.79 (2) (b) 1. The territory is served by the town sanitary district with a water supply or sewerage system; or
2. The territory is not served by the town sanitary district with a water supply or sewerage system, but the district has obligations related to the territory subject to incorporation or annexation which require payment for longer than one year following the incorporation or annexation.
(c) The city or village and the town sanitary district shall divide the assets and liabilities of the town sanitary district under s. 66.03, except that the ownership of any water supply or sewerage system shall be determined under par. (dm).
(d) 1. Any water supply or sewerage system, including all mains and all property of the system, shall belong to and be operated by the district or the city or village, in whichever the major portion of the patrons reside on the date of annexation or incorporation, unless other provision is made by agreement of the governing body of the city or village and the commission. Express power is hereby granted to the governing body of the city or village and the commission to contract with each other relative to the operation and property of any water supply or sewerage system.
(e) Any special assessment levied before the incorporation or annexation shall continue to be collected by the district or city or village which is operating the water supply or sewerage system and shall be applied to the purpose for which the original assessment was made.
Note: These amendments update the term "water supply or sewerage system" to "water or sewerage system" in the statute governing incorporation or annexation of part of a town sanitary district.
378,14 Section 14. 60.79 (3) and (4) (intro.) of the statutes are amended to read:
60.79 (3) Service area. No city or village which secures a water supply or sewerage system under this section is required to serve an area outside its corporate limits greater than that included in the town sanitary district at the time of annexation or incorporation. The city or village shall continue to serve the area previously included within the district.
(4) City or village authority. (intro.) A city or village which obtains a water supply or sewerage system under this section may:
Note: These amendments update the term "water supply or sewerage system" to "water or sewerage system" in the statute governing service areas of water or sewerage systems.
378,15 Section 15. 61.34 (3) of the statutes is amended to read:
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