For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB231,1 1Section 1. 15.347 (2) (a) of the statutes is repealed.
AB231,2 2Section 2. 15.347 (2) (b) of the statutes is amended to read:
AB231,3,43 15.347 (2) (b) Two Three members representing dry cleaning operations with
4annual gross receipts of at least $200,000
.
AB231,3 5Section 3. 23.38 (1) of the statutes is amended to read:
AB231,3,116 23.38 (1) The department shall maintain a toll-free telephone number at
7department headquarters
to receive reports of violations of any statute or
8administrative rule that the department enforces or administers. The department
9shall relay these reports to the appropriate warden or officer for investigation and
10enforcement action. The department shall publicize the toll-free telephone number
11as widely as possible in the state.
AB231,4 12Section 4. 23.38 (1m) of the statutes is created to read:
AB231,3,1613 23.38 (1m) In addition to the toll-free telephone number under sub. (1), the
14department may establish additional electronic methods to receive reports of
15violations of any statute or administrative rule that the department enforces or
16administers.
AB231,5 17Section 5. 23.38 (2) of the statutes is amended to read:
AB231,4,618 23.38 (2) The department shall maintain records which that permit the release
19of information provided by informants while protecting the identity of the informant.

1Any records maintained by the department which received under this section that
2relate to the identity of informants shall be only for the confidential use of the
3department in the administration of this section, unless the informant expressly
4agrees to release the records. Appearance in court as a witness shall not be
5considered consent by an informant to release confidential records maintained by the
6department
received under this section.
AB231,6 7Section 6. 23.50 (1) of the statutes is amended to read:
AB231,4,188 23.50 (1) The procedure in ss. 23.50 to 23.85 applies to all actions in circuit
9court to recover forfeitures, plus costs, fees, and surcharges imposed under ch. 814,
10for violations of ss. 77.09, 90.21, 134.60, 167.10 (3), 167.31 (2), 281.48 (2) to (5),
11283.33, 285.57 (2), 285.59 (2), (3) (c) and (4), 287.07, 287.08, 287.81 , and 299.64 (2),
12subch. VI of ch. 77, this chapter, and chs. 26 to 31, ch. 169, and ch. 350, and any
13administrative rules promulgated thereunder, violations specified under s. 280.98
14(2) or 285.86, violations of s. 281.36 if the department chooses to proceed under s.
15281.36 (14) (f),
violations of ch. 951 if the animal involved is a captive wild animal,
16violations of rules of the Kickapoo reserve management board under s. 41.41 (7) (k),
17violations to which s. 299.85 (7) (a) 2. or 4. applies, or violations of local ordinances
18enacted by any local authority in accordance with s. 23.33 (11) (am) or 30.77.
AB231,7 19Section 7. 23.65 (1) of the statutes is amended to read:
AB231,4,2520 23.65 (1) When it appears to the district attorney that a violation of s. 90.21,
21134.60, 281.36, 281.48 (2) to (5), 283.33, 285.57 (2), 285.59 (2), (3) (c) and (4), 287.07,
22287.08, 287.81 or 299.64 (2), this chapter or ch. 26, 27, 28, 29, 30, 31, 169, or 350, or
23any administrative rule promulgated pursuant thereto, a violation specified under
24s. 285.86, or a violation of ch. 951, if the animal involved is a captive wild animal, has
25been committed the district attorney may proceed by complaint and summons.
AB231,8
1Section 8. 23.65 (3) of the statutes is amended to read:
AB231,5,72 23.65 (3) If a district attorney refuses or is unavailable to issue a complaint,
3a circuit judge, after conducting a hearing, may permit the filing of a complaint if he
4or she finds there is probable cause to believe that the person charged has committed
5a violation of s. 281.36, 287.07, 287.08 or 287.81, this chapter or ch. 26, 27, 28, 29,
630, 31 or 350 or a violation specified under s. 285.86. The district attorney shall be
7informed of the hearing and may attend.
AB231,9 8Section 9. 29.569 (3) (bm) 2. of the statutes is amended to read:
AB231,5,109 29.569 (3) (bm) 2. A person who is a resident and who has attained the age of
1014 12 during that period.
AB231,10 11Section 10. 30.208 (5) (bm) of the statutes is amended to read:
AB231,5,2012 30.208 (5) (bm) For the purpose of determining the date on which notice is
13provided under this subsection, the date of the notice shall be the date on which the
14department first publishes the notice on its Internet Web site, unless the department
15delegates to the applicant under par. (c) the requirement to provide notice. If the
16department delegates to the applicant the requirement to provide notice, the date of
17the notice shall be the date on which the department first publishes the notice on its
18Internet Web site or 10 days after the date on which the department receives
19satisfactory proof of publication of a class 1 notice from the applicant, whichever is
20later
.
AB231,11 21Section 11. 30.208 (5) (c) (intro.) of the statutes is renumbered 30.208 (5) (c)
221m. (intro.).
AB231,12 23Section 12. 30.208 (5) (c) 2m. of the statutes is created to read:
AB231,6,424 30.208 (5) (c) 2m. If, under subd. 1m., the department delegates to an applicant
25the requirement to provide notice under sub. (3) by publishing a class 1 notice under

1ch. 985, the applicant may in lieu of publishing the class 1 notice request that the
2department publish the class 1 notice. The department shall charge the applicant
3a fee for publishing the class 1 notice in an amount that equals the average cost to
4the department for publishing under this chapter class 1 notices under ch. 985.
AB231,13 5Section 13. 281.36 (3p) (c) of the statutes is amended to read:
AB231,6,146 281.36 (3p) (c) For the purpose of determining the date on which notice is
7provided under this subsection, the date of the notice shall be the date on which the
8department first publishes the notice on its Internet Web site, unless the department
9delegates to the applicant under par. (d) the requirement to provide notice. If the
10department delegates to the applicant the requirement to provide notice, the date of
11the notice shall be the date on which the department first publishes the notice on its
12Internet Web site or 10 days after the date on which the department receives
13satisfactory proof of publication of a class 1 notice from the applicant, whichever is
14later
.
AB231,14 15Section 14. 281.36 (3p) (d) (intro.) of the statutes is renumbered 281.36 (3p)
16(d) 1m. (intro.).
AB231,15 17Section 15. 281.36 (3p) (d) 2m. of the statutes is created to read:
AB231,6,2418 281.36 (3p) (d) 2m. If, under subd. 1m., the department delegates to an
19applicant the requirement to provide notice under sub. (3m) by publishing a class 1
20notice under ch. 985, the applicant may in lieu of publishing the class 1 notice request
21that the department publish the class 1 notice. The department shall charge the
22applicant a fee for publishing the class 1 notice in an amount that equals the average
23cost to the department for publishing under this chapter class 1 notices under ch.
24985.
AB231,16 25Section 16. 281.36 (14) (e) of the statutes is created to read:
AB231,7,1
1281.36 (14) (e) Each day of a continuing violation is a separate offense.
AB231,17 2Section 17. 281.36 (14) (f) of the statutes is created to read:
AB231,7,43 281.36 (14) (f) The department may follow the procedures for the issuance of
4a citation under ss. 23.50 to 23.99 to collect a forfeiture for a violation of this section.
AB231,18 5Section 18. 285.63 (11) of the statutes is renumbered 285.63 (11) (a) (intro.)
6and amended to read:
AB231,7,127 285.63 (11) (a) (intro.) The Except as specifically required under the federal
8clean air act or as provided in par. (b), the
department is may not required require
9an applicant
to use perform air dispersion modeling as a basis for making its findings
10under sub. (1) for a minor source unless modeling is specifically provided for under
11the federal clean air act, rules promulgated under this chapter, or a federal or state
12agreement.
before the department does any of the following:
AB231,19 13Section 19. 285.63 (11) (a) 1. of the statutes is created to read:
AB231,7,1514 285.63 (11) (a) 1. Determines whether a source qualifies for a registration
15permit issued under s. 285.60 (2g).
AB231,20 16Section 20. 285.63 (11) (a) 2. of the statutes is created to read:
AB231,7,1817 285.63 (11) (a) 2. Determines whether a source is covered by a general permit
18issued under s. 285.60 (3).
AB231,21 19Section 21. 285.63 (11) (a) 3. of the statutes is created to read:
AB231,7,2120 285.63 (11) (a) 3. Issues or renews an operation permit for a minor source under
21s. 285.62.
AB231,22 22Section 22. 285.63 (11) (a) 4. of the statutes is created to read:
AB231,7,2423 285.63 (11) (a) 4. Renews an operation permit for a major source under s.
24285.62.
AB231,23 25Section 23. 285.63 (11) (a) 5. of the statutes is created to read:
AB231,8,4
1285.63 (11) (a) 5. Issues a construction permit for a minor source under s.
2285.60 that the applicant indicates will emit the pollutants listed in 40 CFR 51.166
3(b) (23) (i) at a rate that is less than the rate specified for those pollutants in 40 CFR
451.166
(b) (23) (i).
AB231,24 5Section 24. 285.63 (11) (b) of the statutes is created to read:
AB231,8,76 285.63 (11) (b) 1. In this paragraph, "tribe" means a federally recognized
7American Indian tribe or band.
AB231,8,128 2. If the federal environmental protection agency treats a tribe as a state under
942 USC 7601 (d) or designates as class 1 all or a portion of a tribe's reservation under
1042 USC 7474, the department may require an applicant to perform air dispersion
11modeling notwithstanding the prohibition under par. (a) if air dispersion modeling
12is authorized under any of the following:
AB231,8,1513 a. An agreement between the tribe and this state or between the tribe and the
14federal government, the terms of which implement the tribe's treatment as a state
15or designation as a class 1 area.
AB231,8,1616b. An implementation plan under 40 CFR part 49, subpart H.
AB231,8,1817 c. Rules promulgated by the department that implement the tribe's treatment
18as a state or designation as a class 1 area.
AB231,25 19Section 25. 299.95 of the statutes, as affected by 2013 Wisconsin Act 1, is
20amended to read:
AB231,9,12 21299.95 Enforcement; duty of department of justice; expenses. The
22attorney general shall enforce chs. 281 to 285 and 289 to 295 and this chapter, except
23ss. 285.57, 285.59, and 299.64, and all rules, special orders, licenses, plan approvals,
24permits, and water quality certifications of the department, except those
25promulgated or issued under ss. 285.57, 285.59, and 299.64 and except as provided

1in ss. 281.36 (14) (f), 285.86 and 299.85 (7) (am). Except as provided in s. 295.79 (1),
2the circuit court for Dane county or for any other county where a violation occurred
3in whole or in part has jurisdiction to enforce chs. 281 to 285 and 289 to 295 or this
4chapter or the rule, special order, license, plan approval, permit, or certification by
5injunctional and other relief appropriate for enforcement. For purposes of this
6proceeding where chs. 281 to 285 and 289 to 295 or this chapter or the rule, special
7order, license, plan approval, permit or certification prohibits in whole or in part any
8pollution, a violation is considered a public nuisance. The department of natural
9resources may enter into agreements with the department of justice to assist with
10the administration of chs. 281 to 285 and 289 to 295 and this chapter. Any funds paid
11to the department of justice under these agreements shall be credited to the
12appropriation account under s. 20.455 (1) (k).
AB231,9,1313 (End)
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