"SECTION 4190rb. 139.31 (1) (a) of the statutes is amended to read:
139.31 (1) (a) On cigarettes weighing not more than 3 pounds per thousand, 19 21.5 mills on each cigarette.
SECTION 4190rg. 139.31 (1) (b) of the statutes is amended to read:
139.31 (1) (b) On cigarettes weighing more than 3 pounds per thousand, 38 43 mills on each cigarette.".
561.
Page 1437, line 16: after that line insert:
"SECTION 4193b. 139.34 (9) of the statutes is amended to read:
139.34 (9) The applicant for a permit, if a nonresident, foreign corporation or foreign limited liability company, shall file proof that the applicant has appointed the secretary of state department of financial institutions as agent for the service of process on any matter arising under ss. 139.30 to 139.44. A foreign corporation without a place of business in this state need not obtain a certificate of authority under ss. 180.1501 to 180.1505. If a foreign corporation has a certificate of authority under ss. 180.1501 to 180.1505, the foreign corporation satisfies this subsection by filing the address of its registered office in this state and the name of its registered agent at that office and by promptly filing any changes to this information. A foreign limited liability company without a place of business in this state need not obtain a certificate of registration under ss. 183.1002 to 183.1007. If a foreign limited liability company has a certificate of registration under ss. 183.1002 to 183.1007, the foreign limited liability company satisfies this subsection by filing the address of its registered office in this state and the name of its registered agent at that office and by promptly filing any changes to this information.".
562.
Page 1438, line 6: delete lines 6 to 15.
563.
Page 1440, line 3: substitute "state" for "state".
564.
Page 1440, line 4: restore the stricken material and delete the underscored material.
****NOTE: DPI is renamed DOE on January 1, 1996. This change allows "state superintendent of public instruction" to be changed to "secretary of education" on that date.
565.
Page 1440, line 24: after that line insert:
"SECTION 4205e. 144.025 (2) (p) of the statutes is repealed.".
566.
Page 1443, line 24: substitute "10%" for "50%".
567.
Page 1450, line 17: substitute "90%" for "50%".
568.
Page 1456, line 25: after that line insert:
"SECTION 4285e. 144.2415 (4) (c) of the statutes is amended to read:
144.2415 (4) (c) The building commission may pledge any portion of revenues received or to be received in the fund established in par. (b) or the clean water fund to secure revenue obligations issued under this subsection. The pledge shall provide for the transfer to the clean water fund of all pledged revenues, including any interest earned on the revenues, which are in excess of the amounts required to be paid under s. 20.320 (1) (c), (d) and (u) for the purposes specified in s. 25.43 (3). The pledge shall provide that the transfers be made at least twice yearly, that the transferred amounts be deposited in the clean water fund and that the transferred amounts are free of any prior pledge.".
569.
Page 1460, line 5: substitute "73.255" for "49.855".
570.
Page 1460, line 24: after that line insert:
"SECTION 4302g. 144.26 (6) of the statutes is amended to read:
144.26 (6) Within the purposes of sub. (1) the department shall prepare and provide to municipalities general recommended standards and criteria for navigable water protection studies and planning and for navigable water protection regulations and their administration. Such standards and criteria shall give particular attention to safe and healthful conditions for the enjoyment of aquatic recreation; the demands of water traffic, boating and water sports; the capability of the water resource; requirements necessary to assure proper operation of septic tank disposal fields near navigable waters; building setbacks from the water within the boundaries of cities and villages; preservation of shore growth and cover; conservancy uses for low lying lands; shoreland layout for residential and commercial development; suggested regulations and suggestions for the effective administration and enforcement of such regulations.
SECTION 4302i. 144.26 (6m) of the statutes is created to read:
144.26 (6m) The department may not promulgate any rule or maintain any standard or criterion that relates to the setback of buildings or structures from a body of water in the unincorporated area of a county.".
571.
Page 1460, line 25: delete the material beginning with that line and ending with page 1461, line 10, and substitute:
"SECTION 4303c. 144.266 (2) of the statutes is amended to read:
144.266 (2) STATE STORM WATER MANAGEMENT PLAN. The department, in consultation with the department of industry, labor and human relations, shall promulgate by rule a state storm water management plan. This state plan is applicable to activities contracted for or conducted by any agency, as defined under s. 227.01 (1) but also including the office of district attorney, unless that agency enters into a memorandum of understanding with the department of natural resources in which that agency agrees to regulate activities related to storm water management. The department shall coordinate the activities of agencies, as defined under s. 227.01 (1), in storm water management and make recommendations to these agencies concerning activities related to storm water management. The plan promulgated under this subsection is subject to the limitations under sub. (6).
SECTION 4303e. 144.266 (2) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:
144.266 (2) STATE STORM WATER MANAGEMENT PLAN. The department, in consultation with the department of development, shall promulgate by rule a state storm water management plan. This state plan is applicable to activities contracted for or conducted by any agency, as defined under s. 227.01 (1) but also including the office of district attorney, unless that agency enters into a memorandum of understanding with the department of natural resources in which that agency agrees to regulate activities related to storm water management. The department shall coordinate the activities of agencies, as defined under s. 227.01 (1), in storm water management and make recommendations to these agencies concerning activities related to storm water management. The plan promulgated under this subsection is subject to the limitations under sub. (6).
SECTION 4303g. 144.266 (3) (a) 1. of the statutes is amended to read:
144.266 (3) (a) 1. Except as restricted under subd. 2. and sub. (6), the department shall establish by rule minimum standards for activities related to construction site erosion control at sites where the construction activities do not include the construction of a building and to storm water management.
SECTION 4303j. 144.266 (3) (a) 2. of the statutes is amended to read:
144.266 (3) (a) 2. The department, in cooperation with the department of transportation, shall establish by rule minimum standards for activities related to construction site erosion control and storm water management if those activities concern street, highway, road or bridge construction, enlargement, relocation or reconstruction. The standards promulgated under this subdivision are subject to the limitations under sub. (6).
SECTION 4303m. 144.266 (6) of the statutes is created to read:
144.266 (6) EXEMPTION FOR CERTAIN HIGHWAY PROJECTS. Notwithstanding subs. (2) and (3), no state storm water management plan or standards relating to construction site erosion control applicable to the construction, rehabilitation or improvement of any existing highway may be more stringent than those required by federal law. In this subsection, "highway" has the meaning given in s. 340.01 (22).".
572.
Page 1467, line 24: after that line insert:
"SECTION 4320g. 144.449 (1) (am) of the statutes is created to read:
144.449 (1) (am) "Recovery activity" means a project designed to reduce the number or volume of waste tires, to recycle waste tires or to recover waste tires.
SECTION 4320h. 144.449 (3) (f) of the statutes is amended to read:
144.449 (3) (f) A site where a recovery activity, as defined in s. 159.17 (1) (a), is carried on if no more than a 6-month inventory of tires is kept on the site.".
****NOTE: Required by the repeal of s. 159.17 by this technical amendment.
573.
Page 1467, line 24: after that line insert:
"SECTION 4319h. 144.44 (7) (em) of the statutes is created to read:
144.44 (7) (em) Exemption from licensing, agricultural use of wood ash. No license is required under this section for the agricultural use of wood ash.".
574.
Page 1467, line 24: after that line insert:
"SECTION 4319m. 144.442 (9) (b) 3. of the statutes is created to read:
144.442 (9) (b) 3. This subsection does not apply to the release or discharge of high-volume industrial waste used in a highway improvement project under s. 84.078.
SECTION 4319t. 144.449 (1) (c) of the statutes is amended to read:
144.449 (1) (c) "Waste tire" has the meaning given under s. 84.078 (1) (b) means a tire that is no longer suitable for its original purpose because of wear, damage or defect.".
575.
Page 1470, line 2: after that line insert:
"SECTION 4330m. 144.76 (9) (f) of the statutes is created to read:
144.76 (9) (f) Any person discharging high-volume industrial waste used in a highway improvement project under s. 84.078 is exempted from the penalty requirements of this section.".
576.
Page 1475, line 15: delete the material beginning with that line and ending with page 1476, line 2.
577.
Page 1477, line 18: on lines 18 and 21, substitute "73.255" for "49.855".
578.
Page 1480, line 7: after that line insert:
"SECTION 4380m. 147.021 (9) of the statutes is created to read:
147.021 (9) EXEMPTION FOR CERTAIN HIGHWAY PROJECTS. Notwithstanding sub. (8), no requirement under this section relating to a discharge of storm water applicable to the construction, rehabilitation or improvement of any highway may be more stringent than required under federal law. In this subsection, "highway" has the meaning given in s. 340.01 (22).".
579.
Page 1483, line 23: delete the material beginning with that line and ending with page 1484, line 2.
580.
Page 1484, line 11: after that line insert:
"SECTION 4396b. 157.062 (1) of the statutes is amended to read:
157.062 (1) ORGANIZATION. Seven or more residents of the same county may form a cemetery association. They shall meet, select a chairperson and secretary, choose a name, fix the annual meeting date, and elect by ballot not less than 3 nor more than 9 trustees whom the chairperson and secretary shall immediately divide by lot into 3 classes, who shall hold their offices for 1, 2 and 3 years, respectively. Within 3 days, the chairperson and secretary shall certify the corporate name, the names, home addresses and business addresses of the organizers and of the trustees, and their classification, and the annual meeting date acknowledged by them, and, except as provided in sub. (9), deliver the certification to the secretary of state department of financial institutions. The association then has the powers of a corporation.
SECTION 4397b. 157.062 (2) of the statutes is amended to read:
157.062 (2) AMENDMENTS. The association may change its name, the number of trustees or the annual meeting date by resolution at an annual meeting, or special meeting called for such purpose, by a majority vote of the members present, and, except as provided in sub. (9), by delivering to the secretary of state department of financial institutions a copy of the resolution, with the date of adoption, certified by the president and secretary or corresponding officers.
SECTION 4398b. 157.062 (6) (b) of the statutes is amended to read:
157.062 (6) (b) If an association that has been dissolved under par. (a), or any group that was never properly organized as a cemetery association, has cemetery grounds and human remains are buried in the cemetery grounds, 5 or more members, or persons interested as determined by order of the circuit judge under par. (c), may publish a class 3 notice, under ch. 985, in the municipality in which the cemetery is located, of the time, place and object of the meeting, assemble and reorganize by the election of trustees and divide them into classes as provided in sub. (1), the commencement of the terms to be computed from the next annual meeting date. The secretary shall enter the proceedings of the meeting on the records. The association is reorganized upon delivery of a copy of the proceedings to the secretary of state department of financial institutions, except as provided in sub. (9). Upon reorganization, the title to the cemetery grounds, trust funds and all other property of the association or group vests in the reorganized association, under the control of the trustees. The reorganized association may continue the name of the dissolved association or may adopt a new name.
SECTION 4399b. 157.062 (6m) of the statutes is amended to read:
157.062 (6m) FORMS. The secretary of state department of financial institutions may prescribe and furnish forms for providing the information required under subs. (1) to (6).
SECTION 4400b. 157.062 (9) of the statutes is amended to read:
157.062 (9) EXEMPTIONS FOR CERTAIN NONPROFIT CEMETERIES. In lieu of delivering a certification, resolution or copy of proceedings to the secretary of state department of financial institutions under sub. (1), (2) or (6) (b), a cemetery association that is not required to be registered under s. 440.91 (1) and that is not organized or conducted for pecuniary profit shall deliver the certification, resolution or copy of proceedings to the office of the register of deeds of the county in which the cemetery is located.
SECTION 4401b. 157.064 (7) of the statutes is amended to read:
157.064 (7) Not more than 30 days after a transfer under sub. (6), the transferring association shall notify the secretary of state department of financial institutions in writing of the transfer, including the name and address of the accepting association or its treasurer. The secretary of state department of financial institutions may prescribe and furnish forms for providing the information required under this subsection.".
581.
Page 1484, line 14: after that line insert:
"SECTION 4403b. 157.62 (1) (a) (intro.) of the statutes is amended to read:
157.62 (1) (a) (intro.) Except as provided in par. (b) and s. 157.625, every cemetery association shall file an annual report with the secretary of state department of financial institutions. The report shall be made on a calendar-year basis unless the secretary of state department of financial institutions, by rule, provides for other reporting periods. The report is due on the 60th day after the last day of the reporting period. The annual report shall include all of the following:
SECTION 4404b. 157.62 (1) (c) of the statutes is amended to read:
157.62 (1) (c) The secretary of state department of financial institutions may prescribe and furnish forms for reports required under this subsection. If the secretary of state department of financial institutions prescribes forms under this paragraph, he or she the department of financial institutions shall mail the forms to cemetery associations required to file under par. (a) no later than 60 days before the reports are due.".
582.
Page 1485, line 11: after that line insert:
"SECTION 4408m. 159.07 (3) (j) of the statutes is amended to read:
159.07 (3) (j) A waste tire, as defined in s. 84.078 (1) (b) 144.449 (1) (c).
SECTION 4410m. 159.17 (1) (d) of the statutes is amended to read:
159.17 (1) (d) "Waste tire" has the meaning given under s. 84.078 (1) (b) 144.449 (1) (c).".
583.
Page 1485, line 12: delete lines 12 to 15 and substitute:
"SECTION 4415c. 159.17 of the statutes is repealed.".
****NOTE: Per Kendra Bonderud, s. 159.17 should have been repealed in the substitute amendment.
584.
Page 1490, line 14: after that line insert:
"SECTION 4441c. 160.255 of the statutes is created to read:
160.255 Exceptions for private sewage systems. (1) In this section, "private sewage system" has the meaning given in s. 145.01 (12).
(2) Notwithstanding s. 160.19 (1), (2) and (4) (b), a regulatory agency is not required to promulgate or amend rules that define design or management criteria for private sewage systems to minimize the amount of nitrate in groundwater or to maintain compliance with the preventive action limit for nitrate.
(3) Notwithstanding s. 160.19 (3), a regulatory agency may promulgate rules that define design or management criteria for private sewage systems that permit the enforcement standard for nitrate to be attained or exceeded at the point of standards application.
(4) Notwithstanding s. 160.21, a regulatory agency is not required to promulgate rules that set forth responses that the agency may take, or require to be taken, when the preventive action limit or enforcement standard for nitrate is attained or exceeded at the point of standards application if the source of the nitrate is a private sewage system.
(5) Notwithstanding ss. 160.23 and 160.25, a regulatory agency is not required to take any responses for a specific site at which the preventive action limit or enforcement standard for nitrate is attained or exceeded at the point of standards application if the source of the nitrate is a private sewage system.".
585.
Page 1490, line 15: delete lines 15 to 23.
