AB926,313,2524
323.60
(4) Duties of the department of
natural resources environmental
25quality. (intro.) The department of
natural resources environmental quality shall:
AB926,314,103
323.60
(4) (b) Have the same powers and duties at the time of a release of a
4hazardous substance as are given to it under s. 292.11, including the investigation
5of releases of hazardous substances, the repair of any environmental damage which
6results from the release and the recovery of costs from responsible parties. The
7department of
natural resources environmental quality may also, at the time of a
8release of a hazardous substance, identify and recommend to the division and the
9committee measures to lessen or mitigate anticipated environmental damage
10resulting from the release.
AB926,314,1813
323.60
(5) (b) All facilities in this state covered under
42 USC 11004 shall
14comply with the notification requirements of
42 USC 11004. Notification of the
15department of
natural resources environmental quality of the discharge of a
16hazardous substance under s. 292.11 (2) shall constitute the notification of the
17division required under
42 USC 11004 if the notification contains the information
18specified in
42 USC 11004 (b) (2) or (c).
AB926,314,2421
323.60
(5) (d) (intro.) The following facilities shall comply with the toxic
22chemical release form requirements under
42 USC 11023 and shall submit copies of
23all toxic chemical release forms to the department of
natural resources
24environmental quality:
AB926,315,113
323.71
(2) If action required under sub. (1) is not being adequately taken or the
4identity of the person responsible for an emergency involving a release or potential
5release of a hazardous substance is unknown and the emergency involving a release
6or potential release threatens public health or safety or damage to property, a local
7agency may take any emergency action that is consistent with the contingency plan
8for the undertaking of emergency actions in response to the release or potential
9release of hazardous substances established by the department of
natural resources 10environmental quality under s. 292.11 (5) and that it considers appropriate under
11the circumstances.
AB926, s. 1137
12Section
1137. 340.01 (3) (b) of the statutes is amended to read:
AB926,315,1513
340.01
(3) (b) Conservation wardens' vehicles,
state forest rangers' vehicles,
14environmental wardens' vehicles, foresters' trucks, or vehicles used by commission
15wardens, whether publicly or privately owned.
AB926, s. 1138
16Section
1138. 341.65 (2) (b) of the statutes is amended to read:
AB926,316,617
341.65
(2) (b) Any municipal or university police officer, sheriff's deputy, county
18traffic patrolman, state traffic officer,
state forest ranger, conservation warden, or
19parking enforcer who discovers any unregistered motor vehicle located upon any
20highway may cause the motor vehicle to be immobilized with an immobilization
21device or removed to a suitable place of impoundment. Upon immobilization or
22removal of the motor vehicle, the officer,
state forest ranger, conservation warden,
23or parking enforcer shall notify the sheriff or chief of police of the location of the
24immobilized or impounded motor vehicle and the reason for the immobilization or
25impoundment. Upon causing the removal of the motor vehicle by a towing service,
1the officer,
state forest ranger, conservation warden, or parking enforcer shall,
2within 24 hours of ordering the removal, notify the towing service of the name and
3last-known address of the registered owner and all lienholders of record of the
4vehicle, unless the officer or parking enforcer is employed by a municipality or county
5that has entered into a towing services agreement which requires the municipality
6or county to provide notice to such owner and lienholders of the towing.
AB926, s. 1139
7Section
1139. 342.40 (3) (a) of the statutes is amended to read:
AB926,316,218
342.40
(3) (a) Any municipal or university police officer, police officer appointed
9under s. 16.84 (2), sheriff's deputy, county traffic patrolman, state traffic officer
, state
10forest ranger, or conservation warden who discovers any motor vehicle, trailer,
11semitrailer, or mobile home on any public highway or private or public property
12which has been abandoned shall cause the vehicle to be removed to a suitable place
13of impoundment. Upon removal of the vehicle the officer
, state forest ranger, or
14conservation warden shall notify the sheriff or chief of police of the abandonment and
15of the location of the impounded vehicle. Upon causing the removal of the motor
16vehicle by a towing service, the officer
, state forest ranger, or
conservation warden
17shall, within 24 hours of ordering the removal, notify the towing service of the name
18and last-known address of the registered owner and all lienholders of record of the
19vehicle, unless the officer is employed by a municipality or county that has entered
20into a towing services agreement which requires the municipality or county to
21provide notice to such owner and lienholders of the towing.
AB926,317,324
345.11
(1j) The uniform traffic citation or the citation form under s. 23.54 may
25be used for violations of s.
30.07 30.795. When the uniform traffic citation is used,
1the report of conviction shall be forwarded to the department of natural resources.
2When the citation form under s. 23.54 is used, the procedure in ss. 23.50 to 23.85
3applies.
AB926, s. 1141
4Section
1141. 345.20 (2) (g) of the statutes is amended to read:
AB926,317,95
345.20
(2) (g) Sections
23.50 to 23.85
278.50 to 278.90 apply to actions in circuit
6court to recover forfeitures for violations of s. 287.81. No points may be assessed
7against the driving record of a person convicted of a violation of s. 287.81. The report
8of conviction and abstract of court record copy of the citation form shall be forwarded
9to the department.
AB926, s. 1142
10Section
1142. 347.06 (1) of the statutes is amended to read:
AB926,317,1411
347.06
(1) Except as provided in subs. (2)
and, (4),
and (5), no person may
12operate a vehicle upon a highway during hours of darkness unless all headlamps, tail
13lamps and clearance lamps with which such vehicle is required to be equipped are
14lighted. Parking lamps as defined in s. 347.27 shall not be used for this purpose.
AB926, s. 1143
15Section
1143. 347.06 (5) of the statutes is created to read:
AB926,317,1916
347.06
(5) A state forest ranger appointed under s. 28.92 may operate a vehicle
17owned or leased by the department of agriculture, trade and consumer protection
18upon a highway during hours of darkness without lighted headlamps, tail lamps, or
19clearance lamps in the performance of his or her duties.
AB926, s. 1144
20Section
1144. 350.01 (9g) of the statutes is amended to read:
AB926,317,2321
350.01
(9g) "Law enforcement officer" has the meaning specified under s.
22165.85 (2) (c) and includes a person appointed as a conservation warden by the
23department under s. 23.10 (1)
or a state forest ranger appointed under s. 28.92.
AB926, s. 1145
24Section
1145. 350.12 (3h) (g) of the statutes is amended to read:
AB926,318,3
1350.12
(3h) (g)
Receipt of fees. All fees remitted to or collected by the
2department under par. (ar) shall be credited to the appropriation account under s.
320.370
(9) (hu) (1) (jw).
AB926, s. 1146
4Section
1146. 350.12 (4) (a) (intro.) of the statutes is amended to read:
AB926,318,75
350.12
(4) (a)
Enforcement, administration and related costs. (intro.) The
6moneys appropriated from s. 20.370
(3) (1) (ak)
and, (aq),
(tu), and (tw) and (5) (es)
7and (9) (mu) and (mw) may be used for the following:
AB926, s. 1147
8Section
1147. 350.12 (4) (a) 3m. of the statutes is amended to read:
AB926,318,109
350.12
(4) (a) 3m. The cost of state law enforcement efforts as appropriated
10under s. 20.370
(3) (1) (ak) and (aq); and
AB926, s. 1148
11Section
1148. 350.12 (4) (am) of the statutes is amended to read:
AB926,318,1512
350.12
(4) (am)
Enforcement aids to department. Of the amounts appropriated
13under s. 20.370
(3) (1) (ak) and (aq), the department shall allocate $26,000 in each
14fiscal year to be used exclusively for the purchase of snowmobiles or trailers to carry
15snowmobiles, or both, to be used in state law enforcement efforts.
AB926, s. 1149
16Section
1149. 350.12 (4) (b) (intro.) of the statutes is amended to read:
AB926,318,2217
350.12
(4) (b)
Trail aids and related costs. (intro.) The moneys appropriated
18under s. 20.370 (1) (mq) and (5) (cb), (cr), (cs), and (cw)
and s. 20.115 (5) (sm) shall
19be used for development and maintenance, the cooperative snowmobile sign
20program, major reconstruction or rehabilitation to improve bridges on existing
21approved trails, trail rehabilitation, signing of snowmobile routes, and state
22snowmobile trails and areas and distributed as follows:
AB926, s. 1150
23Section
1150. 350.12 (4) (bg) 1. of the statutes is amended to read:
AB926,319,524
350.12
(4) (bg) 1. Of the moneys appropriated under s. 20.370 (5) (cs), the
25department
of natural resources shall make available in fiscal year 2001-02 and
1each fiscal year thereafter an amount equal to the amount calculated under s. 25.29
2(1) (d) 2. to make payments to
itself, to the department
of agriculture, trade and
3consumer protection, or
to a county under par. (bm) for trail maintenance costs
4incurred in the previous fiscal year that exceed the maximum specified under par.
5(b) 1. before expending any of the amount for the other purposes specified in par. (b).
AB926, s. 1151
6Section
1151. 350.12 (4) (bm) (intro.) of the statutes is amended to read:
AB926,319,107
350.12
(4) (bm)
Supplemental trail aids; eligibility. (intro.) A county or the
8department
of agriculture, trade and consumer protection shall be eligible for
9payments under par. (bg) for a given fiscal year if it applies for the aid and if all of
10the following apply:
AB926, s. 1152
11Section
1152. 350.12 (4) (bm) 1. of the statutes is amended to read:
AB926,319,1512
350.12
(4) (bm) 1. The actual cost incurred by the department
of agriculture,
13trade and consumer protection or the county in maintaining its trails that are
14qualified under par. (b) 1. or 4. in the previous fiscal year exceeds the maximum of
15$250 per mile per year under par. (b) 1.
AB926, s. 1153
16Section
1153. 350.12 (4) (bm) 2. of the statutes is amended to read:
AB926,319,2117
350.12
(4) (bm) 2. Of the actual cost incurred by the department
of natural
18resources, the department of agriculture, trade and consumer protection, or the
19county in maintaining its trails that are qualified under par. (b) 1. or 4. for the fiscal
20year applicable under subd. 1., the actual cost incurred in grooming the trails exceeds
21a maximum of $150 per mile per year.
AB926, s. 1154
22Section
1154. 350.12 (4) (br) of the statutes is amended to read:
AB926,320,423
350.12
(4) (br)
Supplemental trail aids; insufficient funding. If the aid
under
24par. (bm) that is payable to counties
and, to the department
under par. (bm) of
25natural resources, and to the department of agriculture, trade and consumer
1protection exceeds the moneys available under par. (bg), the department may prorate
2the payments or may request the joint committee on finance to take action under s.
313.101. The requirement of a finding of emergency under s. 13.101 (3) (a) 1. does not
4apply to such a request.
AB926, s. 1155
5Section
1155. 350.12 (4) (c) of the statutes is amended to read:
AB926,320,86
350.12
(4) (c) 1. Any moneys appropriated under s. 20.370 (1)
(aq), (mq),
(3) (aq)
7or (9) (mw) or (tw) that lapse shall revert to the snowmobile account in the
8conservation fund.
AB926,320,149
2. If any moneys appropriated under s. 20.370
(9) (mu) (1) (tu) lapse, a portion
10of those moneys shall revert to the snowmobile account in the conservation fund. The
11department shall calculate that portion by multiplying the total amount lapsing
12from the appropriation by the same percentage the department used for the fiscal
13year to determine the amount to be expended under the appropriation for
14snowmobile registration.
AB926, s. 1156
15Section
1156. 350.14 (1) of the statutes is amended to read:
AB926,320,2016
350.14
(1) The snowmobile recreational council shall carry out studies and
17make recommendations to the legislature, governor, department of natural
18resources
, the department of agriculture, trade and consumer protection, and
19department of transportation on all matters related to this chapter or otherwise
20affecting snowmobiles and snowmobiling.
AB926, s. 1157
21Section
1157. 350.145 (3) (a) 1. of the statutes is amended to read:
AB926,320,2522
350.145
(3) (a) 1. Before June 30 of each even-numbered year, the department
23shall consult with the
department of agriculture, trade and consumer protection and
24the snowmobile recreational council on the proposed changes for the succeeding
25biennium in the appropriations and laws that affect snowmobiles and snowmobiling.
AB926, s. 1158
1Section
1158. 350.15 (3) (a) of the statutes is amended to read:
AB926,321,72
350.15
(3) (a) If a snowmobile accident results in the death of any person, or
3in an injury that requires the treatment of a person by a physician, the operator of
4each snowmobile involved in the accident shall give notice of the accident to a
5conservation warden or local law enforcement officer as soon as possible and, within
610 days after the accident, shall file a written report of the accident with the
7department on the form prescribed by it.
AB926, s. 1159
8Section
1159. 350.17 (1) of the statutes is amended to read:
AB926,321,119
350.17
(1) Any
law enforcement officer
of the state traffic patrol under s. 110.07
10(1), inspector under s. 110.07 (3), warden of the department under s. 23.10, county
11sheriff or municipal peace officer may enforce the provisions of this chapter.
AB926, s. 1160
12Section
1160. 560.11 (1) (a) of the statutes is amended to read:
AB926,321,1813
560.11
(1) (a) Advise the department of
natural resources environmental
14quality concerning the effectiveness of the small business stationary source technical
15and environmental compliance assistance program under s. 285.79, difficulties
16encountered by small business stationary sources, as defined in s. 285.79 (1), in
17complying with s. 299.15 and ch. 285 and the degree and severity of enforcement of
18s. 299.15 and ch. 285 against small business stationary sources.
AB926, s. 1161
19Section
1161. 560.11 (2) of the statutes is amended to read:
AB926,321,2520
560.11
(2) The employees of the department of commerce who staff the small
21business ombudsman clearinghouse under s. 560.03 (9) and the employees of the
22department of
natural resources environmental quality who staff the small business
23stationary source technical and environmental compliance assistance program
24under s. 285.79 shall provide the small business environmental council with the
25assistance necessary to comply with sub. (1).
AB926, s. 1162
1Section
1162. 560.13 (2) (a) 1m. of the statutes is amended to read:
AB926,322,72
560.13
(2) (a) 1m. The recipient does not use the grant proceeds to pay lien
3claims of the department of
natural resources environmental quality or the federal
4environmental protection agency based on investigation or remediation activities of
5the department of
natural resources environmental quality or the federal
6environmental protection agency or to pay delinquent real estate taxes or interest
7or penalties that relate to those taxes.
AB926, s. 1163
8Section
1163. 560.13 (5) of the statutes is amended to read:
AB926,322,119
560.13
(5) Before the department awards a grant under this section, the
10department shall consider the recommendations of the department of
11administration and the department of
natural resources
environmental quality.
AB926, s. 1164
12Section
1164. 560.19 (3) of the statutes is amended to read:
AB926,322,1713
560.19
(3) In coordination with the solid and hazardous waste education center
14under s. 36.25 (30) and the department of
natural resources environmental quality,
15the department shall conduct an education, environmental management and
16technical assistance program to promote pollution prevention among businesses in
17the state.
AB926, s. 1165
18Section
1165. 778.104 (title) of the statutes is amended to read:
AB926,322,20
19778.104 (title)
Department of natural resources and department of
20environmental quality forfeitures; how recovered.
AB926, s. 1166
21Section
1166. 778.104 of the statutes is renumbered 778.104 (1) and amended
22to read:
AB926,322,2523
778.104
(1) If there is a conflict with this chapter, the procedure in ss. 23.50 to
2423.85 shall be followed in actions to recover forfeitures for the violation of those
25natural resources laws enumerated in s. 23.50.
AB926, s. 1167
1Section
1167. 778.104 (2) of the statutes is created to read:
AB926,323,42
778.104
(2) If there is a conflict with this chapter, the procedure in ss. 278.50
3to 278.90 shall be followed in actions to recover forfeitures for the violation of those
4laws enumerated in s. 278.51 (1).
AB926, s. 1168
5Section
1168. 778.30 (1) (intro.) of the statutes is amended to read:
AB926,323,106
778.30
(1) (intro.) In addition to the procedures under s. 23.795
, 278.795, or
7345.47 or under this chapter for the collection of forfeitures, costs, assessments,
8surcharges or restitution payments if a defendant fails to pay the forfeiture, costs,
9assessment, surcharge or restitution payment within the period specified by the
10circuit court, the court may do any of the following:
AB926, s. 1169
11Section
1169. 800.02 (2) (a) (intro.) of the statutes is amended to read:
AB926,323,2112
800.02
(2) (a) (intro.) The citation shall be signed by a peace officer or endorsed
13by a municipal attorney or, if applicable, signed by a conservation warden
or a state
14forest ranger. In addition, the governing body of a municipality authorized to adopt
15the use of citations may designate by ordinance or resolution other municipal
16officials who may issue citations with respect to ordinances which are directly
17related to the official responsibilities of the officials. Officials granted the authority
18to issue citations may delegate, with the approval of the governing body, the
19authority to employees. Authority delegated to an official or employee may be
20revoked only in the same manner by which it is conferred. The citation shall contain
21substantially the following information:
AB926, s. 1170
22Section
1170. 814.77 (5) of the statutes is repealed.
AB926, s. 1171
23Section
1171. 814.785 of the statutes is created to read:
AB926,324,3
1814.785 Surcharges in ch. 278 forfeiture actions. In addition to any
2forfeiture imposed in an action under s. 278.51, a defendant shall pay the following
3surcharges if applicable:
AB926,324,4
4(1) The court support services surcharge under s. 814.85.
AB926,324,6
5(2) The crime laboratories and drug law enforcement surcharge under s.
6165.755.
AB926,324,7
7(3) The environmental surcharge under s. 299.93.
AB926,324,8
8(4) The jail surcharge under s. 302.46 (1).
AB926,324,9
9(5) The justice information system surcharge under s. 814.86 (1).
AB926,324,10
10(6) The penalty surcharge under s. 757.05.
AB926,324,11
11(7) The special prosecution clerks surcharge under s. 814.86 (1m).
AB926, s. 1172
12Section
1172. 823.075 (1) (a) of the statutes is amended to read:
AB926,324,1413
823.075
(1) (a) "Department" means the department of
natural resources 14agriculture, trade and consumer protection.