LRB-4868/1
RCT&MGG:skg:ks
1995 - 1996 LEGISLATURE
February 7, 1996 - Introduced by
Law Revision Committee. Referred to Committee
on Natural Resources.
AB865,2,2
1An Act to amend 20.370 (2) (bL), 29.52 (2) (c), 29.535 (title), 29.535 (1) (c) to (e),
232.51 (1) (b), 36.25 (11) (c), 46.06 (2), 60.70 (10), 60.72 (4), 60.77 (4) and (5) (e)
3and (g), 60.79 (2) (b) 1. and 2., (c), (d) 1. and (e), 60.79 (3) and (4) (intro.), 61.34
4(3), 62.175 (2), 62.22 (1), 65.06 (1), 65.06 (8), 65.06 (17), 66.061 (1) (a), 66.066
5(1a), 66.071 (1) (title), 66.071 (1) (c), 66.071 (1) (f), 66.071 (1) (g), 66.071 (1) (j),
666.077 (2), 66.077 (3), 66.60 (6m) (c) 1., 67.05 (5) (b), 70.327, 87.305 (1) (intro.),
787.305 (1) (c) (intro.), 97.34 (2) (c), 97.34 (2) (d), 101.143 (4) (b) 10., 144.01 (9),
8144.01 (15), 144.02 (1), 144.025 (2) (b) 1., 144.025 (2) (h), 144.025 (2) (L),
9144.0255 (1) and (2), 144.442 (6) (c), 144.77 (6) (a), 145.04 (title) and (1), 145.05,
10160.27 (5), 160.34, 196.58 (7) (a), 254.36 (3) (intro.), 301.24 (2) and 560.08 (2)
11(b); and
to repeal and recreate 29.535 (1) (a) and 29.535 (2) of the statutes;
12relating to: eliminating obsolete terminology regarding water systems,
13authorizing the department of natural resources to utilize moneys for removal
14of abandoned containers and introducing, stocking and planting fish, spawn
1and other wild animals (suggested as remedial legislation by the department
2of natural resources).
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.