Analysis by the Legislative Reference Bureau
Under current law, no person may bring into this state for the purpose of
stocking or introduction, or stock or introduce, any fish, spawn or other wild animal
without a permit. This bill changes current law by clarifying that a person must have
a permit for stocking or introduction, 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 bill also makes technical changes to make
the language in the provisions regarding introduction and stocking of wild animals
more consistent.
This bill updates terminology related to water systems and makes other
technical changes in the statutes relating to water systems. The bill also corrects a
cross-reference in the statute related to funding emergency actions concerning
abandoned containers.
For further information, see the Notes provided by the law revision committee
of the legislative council.
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:
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.
AB865, s. 1
3Section
1. 20.370 (2) (bL) of the statutes is amended to read:
AB865,2,74
20.370
(2) (bL)
Wastewater management — fees. All moneys received under s.
5144.025 (2) (L) for the certification of operators of
waterworks water systems,
6wastewater treatment plants and septage servicing vehicles and under s. 146.20 (4s)
7(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".
AB865, s. 2
8Section
2. 29.52 (2) (c) of the statutes is amended to read:
AB865,3,2
129.52
(2) (c) A description of the water
supply system to be used in the operation
2of 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".
AB865, s. 3
3Section
3. 29.535 (title) of the statutes is amended to read:
AB865,3,4
429.535 (title)
Introducing fish and game Introduction of wild animals.
AB865, s. 4
5Section
4. 29.535 (1) (a) of the statutes is repealed and recreated to read:
AB865,3,76
29.535
(1) (a) A person must be issued a permit from the department before
7doing any of the following:
AB865,3,98
1. Importing into the state any fish, spawn or any other wild animal for the
9purpose of introducing, stocking or planting that fish, spawn or wild animal.
AB865,3,1010
2. Introducing, stocking or planting any fish, spawn or other wild animal.
AB865, s. 5
11Section
5. 29.535 (1) (c) to (e) of the statutes are amended to read:
AB865,3,1412
29.535
(1) (c) Permits for
introducing, stocking
or planting under par. (a) 2. 13shall be issued by the department only after investigation and inspection of the fish,
14birds or spawn or other wild animals as
it the department determines
is necessary.
AB865,3,1815
(d) Permits
that are issued under par. (a) 1. to import into the state fish or
16spawn
thereof of the family salmonidae, including trout, char or salmon, may be
17issued only if the source of the fish or eggs is certified free of such diseases as are
18designated by the department.
AB865,3,2119
(e) Fish or spawn
thereof imported under a permit
issued under par. (a) 1. are
20subject to inspection by the department and such inspection may include removal of
21reasonable samples of fish or eggs for biological examination.
AB865, s. 6
22Section
6. 29.535 (2) of the statutes is repealed and recreated to read:
AB865,4,2
129.535
(2) Nothing in this section shall prohibit the department or its duly
2authorized agents from doing any of the following:
AB865,4,43
(a) Importing into the state any fish, spawn or any other wild animal for the
4purpose of introducing, stocking or planting that fish, spawn or wild animal.
AB865,4,55
(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.
AB865, s. 7
6Section
7. 32.51 (1) (b) of the statutes is amended to read:
AB865,4,97
32.51
(1) (b) Public alleys, grounds, harbors, libraries, museums, school sites,
8vehicle parking areas, airports, markets, hospitals, ward yards, bridges, viaducts,
9waterworks 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".
AB865, s. 8
10Section
8. 36.25 (11) (c) of the statutes is amended to read:
AB865,4,1711
36.25
(11) (c) The laboratory shall provide analytical support to the appropriate
12state agencies charged with water
supply system evaluation. The support service
13shall include an evaluation from a public health standpoint and analytical support
14to ascertain the water's suitability for manufacturing, commercial and recreational
15purposes as determined by the rules promulgated by the department of health and
16social services, the department of natural resources and the department of
17agriculture, 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".
AB865, s. 9
1Section
9. 46.06 (2) of the statutes is amended to read:
AB865,5,52
46.06
(2) Easements. The department may grant easements for the extension
3of municipal and public utilities onto the lands of the institutions under its
4jurisdiction, for the purpose of connecting railroads, roads,
waterworks water
5systems, 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".
AB865, s. 10
6Section
10. 60.70 (10) of the statutes is amended to read:
AB865,5,97
60.70
(10) "Water
supply system" means all structures, conduits and
8appurtenances by means of which water is delivered to consumers except piping and
9fixtures 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.
AB865, s. 11
10Section
11. 60.72 (4) of the statutes is amended to read:
AB865,5,1611
60.72
(4) Finding. Following the public hearing, the department shall
12determine if private sewage systems or private domestic water
supply systems, or
13both, in the affected towns constitute a threat to public health, safety, convenience
14or welfare or of pollution of waters of the state, and that there is no local action to
15correct the situation. The department shall issue its determination as written
16findings.
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.
AB865, s. 12
17Section
12. 60.77 (4) and (5) (e) and (g) of the statutes are amended to read:
AB865,6,618
60.77
(4) General powers and duties. The commission may project, plan,
19construct and maintain a
system of water
supply, solid waste collection and
disposal
1of sewage sewerage system, including drainage improvements, sanitary sewers,
2surface sewers or storm water sewers, or all of the improvements or activities or any
3combination of them necessary for the promotion of the public health, comfort,
4convenience or welfare of the district. The commission may provide chemical or
5mechanical treatment of waters for the suppression of swimmers' itch, algae and
6other nuisance-producing aquatic growths.
AB865,6,9
7(5) (e) Fix and collect charges for solid waste collection and disposal, sewage
8service and water
supply service. The commission may fix and collect sewage service
9charges under s. 66.076 and water
supply service charges under s. 66.069.
AB865,6,1110
(g) Provide for the operation as a single enterprise of its water
supply, solid
11waste 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.
AB865, s. 13
12Section
13. 60.79 (2) (b) 1. and 2., (c), (d) 1. and (e) of the statutes are amended
13to read:
AB865,6,1514
60.79
(2) (b) 1. The territory is served by the town sanitary district with a water
15supply or sewerage system; or
AB865,6,1916
2. The territory is not served by the town sanitary district with a water
supply 17or sewerage system, but the district has obligations related to the territory subject
18to incorporation or annexation which require payment for longer than one year
19following the incorporation or annexation.
AB865,6,2220
(c) The city or village and the town sanitary district shall divide the assets and
21liabilities of the town sanitary district under s. 66.03, except that the ownership of
22any water
supply or sewerage system shall be determined under par. (dm).
AB865,7,8
1(d) 1. Any water
supply or sewerage system, including all mains and all
2property of the system, shall belong to and be operated by the district or the city or
3village, in whichever the major portion of the patrons reside on the date of
4annexation or incorporation, unless other provision is made by agreement of the
5governing body of the city or village and the commission. Express power is hereby
6granted to the governing body of the city or village and the commission to contract
7with each other relative to the operation and property of any water
supply or
8sewerage system.
AB865,7,129
(e) Any special assessment levied before the incorporation or annexation shall
10continue to be collected by the district or city or village which is operating the water
11supply or sewerage system and shall be applied to the purpose for which the original
12assessment 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.
AB865, s. 14
13Section
14. 60.79 (3) and (4) (intro.) of the statutes are amended to read:
AB865,7,1814
60.79
(3) Service area. No city or village which secures a water
supply or
15sewerage system under this section is required to serve an area outside its corporate
16limits greater than that included in the town sanitary district at the time of
17annexation or incorporation. The city or village shall continue to serve the area
18previously included within the district.
AB865,7,20
19(4) City or village authority. (intro.) A city or village which obtains a water
20supply 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.
AB865, s. 15
21Section
15. 61.34 (3) of the statutes is amended to read:
AB865,8,10
161.34
(3) Acquisition and disposal of property. The village board may acquire
2property, real or personal, within or
without outside the village, for parks, libraries,
3recreation, beautification, streets,
waterworks water systems, sewage or waste
4disposal, harbors, improvement of watercourses, public grounds, vehicle parking
5areas, and for any other public purpose; may acquire real property within or
6contiguous to the village, by means other than condemnation, for industrial sites;
7may improve and beautify the same; may construct, own, lease and maintain
8buildings on such property for instruction, recreation, amusement and other public
9purposes; and may sell and convey such property. Condemnation shall be as
10provided by ch. 32.
Note: This amendment updates the term "waterworks" to "water systems" in the
statute relating to a village board's power to acquire and dispose of property.
AB865, s. 16
11Section
16. 62.175 (2) of the statutes is amended to read:
AB865,9,1512
62.175
(2) If any 1st or 2nd class city has begun to plan, construct and establish,
13or has completed the planning, construction and establishment of, a sewage system
14and a sewage disposal works, any town, village or other city located in the same
15county where the 1st or 2nd class city is located and whose purified or unpurified
16sewage flows directly or indirectly into any lake which is the source of the water
17supply system of the 1st or 2nd class city shall, before constructing any sewers or
18sewerage system or extensions of any existing sewers or sewerage system for the
19purposes of connection with the sewers, sewerage system and sewage disposal works
20of the 1st or 2nd class city, secure the written approval of the plans by the sewerage
21commission, or other board or body or official having charge and control of the
22planning, construction, establishment, operation and maintenance of the sewage
23disposal system of the 1st or 2nd class city. The sewerage commission, or other board,
1body or official of the 1st or 2nd class city, may approve the plans or approve them
2subject to recommended changes or substitutions in order that if the sewers or
3sewerage system, or extensions thereof, of any of the towns, villages or cities are
4connected with the sewers, sewerage system and sewage disposal works of the 1st
5or 2nd class city, the sewers or sewerage system, or extensions thereof, will conform
6with the plan of the sewers, sewerage system and sewage disposal works of the 1st
7or 2nd class city. If the town, village or city constructs in accordance with the
8approved plans, the town, village or city may connect its sewers, sewerage system or
9extensions thereof with the sewers, sewerage system and sewage disposal works of
10the 1st or 2nd class city, as specified in writing by the sewerage commission, or other
11board, body or official having charge and control of the sewage disposal system of the
121st or 2nd class city. Except as otherwise provided by statute, a 2nd class city may
13charge compensation as provided under sub. (3), for the use of its sewers, sewerage
14system and sewage disposal works for the transmission of the sewage of the towns,
15villages or cities.
Note: This amendment updates the term "water supply" to "water system" in the
statute relating to approval of a 1st or 2nd class city's plans for sewer and water
extensions.
AB865, s. 17
16Section
17. 62.22 (1) of the statutes is amended to read:
AB865,9,2317
62.22
(1) Purposes. The governing body of any city may by gift, purchase or
18condemnation acquire property, real or personal, within or
without outside the city,
19for parks, recreation,
waterworks water systems, sewage or waste disposal, airports
20or approaches thereto, cemeteries, vehicle parking areas, and for any other public
21purpose; may acquire real property within or contiguous to the city, by means other
22than condemnation, for industrial sites; may improve and beautify the same; may
23construct, own, lease and maintain buildings on such property for public purposes;
1and may sell and convey such property. The power of condemnation for any such
2purpose shall be as provided by ch. 32.
Note: This amendment updates the term "waterworks" to "water systems" in the
statute relating to purposes for which a city may acquire property.
AB865, s. 18
3Section
18. 65.06 (1) of the statutes is amended to read:
AB865,10,134
65.06
(1) No money
shall may be expended and no liabilities incurred by the
5city or any department unless otherwise specially authorized by law during the fiscal
6year, in excess of the amounts specified or except as hereinafter provided for any
7other purpose than as designated therein, provided, however, that whenever
a
8waterworks the city department
of the city that is responsible for a water system 9desires to make a contract extending over a period of more than one year for additions
10to the plant in excess of the estimated revenue for the year, if in the opinion of the
11board of
estimate estimates there will be money available to meet the payments on
12the contract as they may come due, then, by a majority vote of the board, they may
13authorize the comptroller to countersign such contract.
Note: This amendment updates the term "waterworks" to "water system", and
makes other technical revisions, in the statute relating to city expenditure of funds for
additions to water systems.
AB865, s. 19
14Section
19. 65.06 (8) of the statutes is amended to read:
AB865,11,215
65.06
(8) Any department charged by law with the construction, extension,
16operation and maintenance of a
waterworks or water system, lighting system or
any 17public utility may spend money from the surplus revenue of
such waterworks or the
18water system, lighting system or utility in addition to the sum specified in the budget
19when deemed necessary to maintain the service, upon being authorized so to do by
20a three-fourths vote of all the aldermen of the common council, specifying by
21resolution the purpose for which and the sum appropriated. Before any money shall
1be so expended a copy of the resolution authorizing it shall be certified to the
2comptroller.
Note: This amendment updates the term "waterworks" to "water system" in the
statute relating to expenditures of surplus revenue from a water system for maintenance
of the water system.
AB865, s. 20
3Section
20. 65.06 (17) of the statutes is amended to read:
AB865,11,114
65.06
(17) Subsections (13), (14), (15) and (16)
shall do not apply to the
5expenditure of funds, the proceeds of bonds or mortgage certificates, nor the surplus
6revenues of any
waterworks or water system, lighting system or municipally owned
7utility. In establishing the budget format with respect to funds and accounts related
8to proprietary operations, the common council may authorize accounting procedures
9which follow the uniform system of accounts authorized by the public service
10commission in the case of municipal utilities or accepted commercial accounting
11practices in other instances.
Note: This amendment updates the term "waterworks" to "water system" in the
statute relating to the applicability of certain municipal budget provisions to revenues
of water systems, lighting systems or municipally owned utilities.
AB865, s. 21
12Section
21. 66.061 (1) (a) of the statutes is amended to read:
AB865,11,1613
66.061
(1) (a) Any city, village or town may grant to any person or corporation
14the right to construct and operate therein a
water system
of waterworks or to furnish
15light, heat or power subject to
such reasonable rules and regulations
as the proper
16municipal authorities prescribed by ordinance
may from time to time prescribe.
Note: This amendment updates the term "waterworks" to the term "water system"
and makes other technical revisions to the statute relating to the grant by a city, town or
village of the right to construct a water system or other utility.
AB865, s. 22
17Section
22. 66.066 (1a) of the statutes is amended to read:
AB865,12,218
66.066
(1a) Nothing herein shall be construed to limit the authority of any
19municipality to acquire, own, operate and finance in the manner provided in this
20section, a source of water
supply and necessary transmission facilities (including all
1real and personal property) beyond its corporate limits, and a source of water
supply 250 miles beyond
such those limits shall be
deemed to be within
such
that authority.
Note: This amendment deletes the redundant term "supply" and makes other
technical revisions in a statute relating to revenue obligations of a municipality.
AB865, s. 23
3Section
23. 66.071 (1) (title) of the statutes is amended to read:
AB865,12,44
66.071
(1) (title)
Waterworks Water systems.
AB865, s. 24
5Section
24. 66.071 (1) (c) of the statutes is amended to read:
AB865,12,156
66.071
(1) (c) When the city owns its
waterworks water system, the
7commissioner of public works
shall have power, from time to time, to may make and
8enforce bylaws, rules and regulations in relation to the
said waterworks water
9system, and, before the actual introduction of water, the commissioner shall make
10bylaws, rules and regulations, fixing uniform water rates to be paid for the use of
11water furnished by the
said waterworks water system, and fixing the manner of
12distributing and supplying water for use or consumption, and for withholding or
13turning off
the same water for cause
, and the. The commissioner
shall have power,
14from time to time, to may alter, modify or repeal
such the bylaws, rules and
15regulations.