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.
AB926, s. 1173
15Section
1173. 823.08 (3) (c) 1. of the statutes is amended to read:
AB926,324,2216
823.08
(3) (c) 1. Subject to subd. 2., if a court requests the department of
17agriculture, trade and consumer protection or the department of
natural resources 18environmental quality for suggestions under par. (b) 2. a., the department of
19agriculture, trade and consumer protection or the department of
natural resources 20environmental quality shall advise the court concerning the relevant provisions of
21the performance standards, prohibitions, conservation practices and technical
22standards under s. 281.16 (3).
AB926, s. 1174
23Section
1174. 823.085 (2) (intro.) of the statutes is amended to read:
AB926,325,424
823.085
(2) (intro.) In any action finding a solid waste facility or the operation
25of a solid waste facility to be a public or private nuisance, if the solid waste facility
1was licensed under s. 289.31 (1) and was operated in substantial compliance with the
2license, the plan of operation for the solid waste facility approved by the department
3of
natural resources environmental quality and the rules promulgated under s.
4289.05 (1) that apply to the facility, then all of the following apply:
AB926, s. 1175
5Section
1175. 823.085 (2) (b) of the statutes is amended to read:
AB926,325,86
823.085
(2) (b) The department of
natural resources environmental quality 7shall comply with a request by the court to provide suggestions for practices to reduce
8the offensive aspects of the nuisance.
AB926, s. 1176
9Section
1176. 891.04 of the statutes is amended to read:
AB926,325,17
10891.04 Certificate as to public lands. The certificate of the executive
11secretary appointed under s. 24.55 under the official seal, that any specified piece or
12tract of land belongs to or is mortgaged to the state, or that the state has any interest,
13legal or equitable, in that land shall be presumptive evidence of the facts so stated.
14The certificate of the secretary of
natural resources
agriculture, trade and consumer
15protection under the official seal of the department that authority has been given to
16any person, naming the person, to seize timber or other materials specified in ch. 26
17shall be presumptive evidence of the fact so stated.
AB926, s. 1177
18Section
1177. 893.73 (2) (a) of the statutes is amended to read:
AB926,325,2119
893.73
(2) (a) An action under s. 60.73 contesting an act of a town board or the
20department of
natural resources environmental quality in the establishment of a
21town sanitary district.
AB926, s. 1178
22Section
1178. 895.52 (2) (a) 2. of the statutes is amended to read:
AB926,325,2423
895.52
(2) (a) 2. A duty to inspect the property, except as provided under
s. ss. 2423.115 (2)
and 28.047 (3).
AB926, s. 1179
25Section
1179. 895.52 (3) (b) of the statutes is amended to read:
AB926,326,6
1895.52
(3) (b) A death or injury caused by a malicious act or by a malicious
2failure to warn against an unsafe condition of which an officer, employee or agent
3knew, which occurs on property designated by the department of natural resources
4under s. 23.115
, designated by the department of agriculture, trade and consumer
5protection under s. 28.047, or designated by another state agency for a recreational
6activity.
AB926, s. 1180
7Section
1180. 895.53 (1) (am) of the statutes is created to read:
AB926,326,108
895.53
(1) (am) "State forest ranger" means a person appointed as a state forest
9ranger by the department of agriculture, trade and consumer protection under s.
1028.92.
AB926, s. 1181
11Section
1181. 895.53 (2) of the statutes is amended to read:
AB926,326,1712
895.53
(2) Any person withdrawing blood at the request of a traffic officer, law
13enforcement officer
, state forest ranger, or conservation warden for the purpose of
14determining the presence or quantity of alcohol, controlled substances, controlled
15substance analogs or any combination of alcohol, controlled substances and
16controlled substance analogs is immune from any civil or criminal liability for the
17act, except for civil liability for negligence in the performance of the act.
AB926, s. 1182
18Section
1182. 895.55 (2) (b) of the statutes is amended to read:
AB926,326,2219
895.55
(2) (b) The assistance, advice or care was consistent with the national
20contingency plan or the state contingency plan or was otherwise directed by the
21federal on-scene coordinator or the secretary of
natural resources environmental
22quality.
AB926, s. 1183
23Section
1183. 895.56 (2) (c) of the statutes is amended to read:
AB926,327,324
895.56
(2) (c) The acts or omissions involving petroleum-contaminated soil on
25the property were required by reasonably precise specifications in the contract
1entered into under s. 84.06 (2), and the acts or omissions conformed to those
2specifications, or were otherwise directed by the department of transportation or by
3the department of
natural resources environmental quality.
AB926, s. 1184
4Section
1184. 895.56 (3) (c) of the statutes is amended to read:
AB926,327,105
895.56
(3) (c) The person fails to warn the department of transportation or the
6department of
natural resources environmental quality about the presence of
7petroleum-contaminated soil encountered at the site, if the
8petroleum-contaminated soil was reasonably known to the person but not to the
9department of transportation or to the department of
natural resources 10environmental quality.