AB926: Bill Text

AB926, s. 1150 Section 1150. 350.12 (4) (bg) 1. of the statutes is amended to read:

AB926,319,5 350.12 (4) (bg) 1. Of the moneys appropriated under s. 20.370 (5) (cs), the department of natural resources shall make available in fiscal year 2001-02 and each fiscal year thereafter an amount equal to the amount calculated under s. 25.29 (1) (d) 2. to make payments to itself, to the department of agriculture, trade and consumer protection, or to a county under par. (bm) for trail maintenance costs incurred in the previous fiscal year that exceed the maximum specified under par. (b) 1. before expending any of the amount for the other purposes specified in par. (b).

AB926, s. 1151 Section 1151. 350.12 (4) (bm) (intro.) of the statutes is amended to read:

AB926,319,10 350.12 (4) (bm) Supplemental trail aids; eligibility. (intro.) A county or the department of agriculture, trade and consumer protection shall be eligible for payments under par. (bg) for a given fiscal year if it applies for the aid and if all of the following apply:

AB926, s. 1152 Section 1152. 350.12 (4) (bm) 1. of the statutes is amended to read:

AB926,319,15 350.12 (4) (bm) 1. The actual cost incurred by the department of agriculture, trade and consumer protection or the county in maintaining its trails that are qualified under par. (b) 1. or 4. in the previous fiscal year exceeds the maximum of $250 per mile per year under par. (b) 1.

AB926, s. 1153 Section 1153. 350.12 (4) (bm) 2. of the statutes is amended to read:

AB926,319,21 350.12 (4) (bm) 2. Of the actual cost incurred by the department of natural resources, the department of agriculture, trade and consumer protection, or the county in maintaining its trails that are qualified under par. (b) 1. or 4. for the fiscal year applicable under subd. 1., the actual cost incurred in grooming the trails exceeds a maximum of $150 per mile per year.

AB926, s. 1154 Section 1154. 350.12 (4) (br) of the statutes is amended to read:

AB926,320,4 350.12 (4) (br) Supplemental trail aids; insufficient funding. If the aid under par. (bm) that is payable to counties and, to the department under par. (bm) of natural resources, and to the department of agriculture, trade and consumer protection exceeds the moneys available under par. (bg), the department may prorate the payments or may request the joint committee on finance to take action under s. 13.101. The requirement of a finding of emergency under s. 13.101 (3) (a) 1. does not apply to such a request.

AB926, s. 1155 Section 1155. 350.12 (4) (c) of the statutes is amended to read:

AB926,320,8 350.12 (4) (c) 1. Any moneys appropriated under s. 20.370 (1) (aq), (mq), (3) (aq) or (9) (mw) or (tw) that lapse shall revert to the snowmobile account in the conservation fund.

AB926,320,14 2. If any moneys appropriated under s. 20.370 (9) (mu) (1) (tu) lapse, a portion of those moneys shall revert to the snowmobile account in the conservation fund. The department shall calculate that portion by multiplying the total amount lapsing from the appropriation by the same percentage the department used for the fiscal year to determine the amount to be expended under the appropriation for snowmobile registration.

AB926, s. 1156 Section 1156. 350.14 (1) of the statutes is amended to read:

AB926,320,20 350.14 (1) The snowmobile recreational council shall carry out studies and make recommendations to the legislature, governor, department of natural resources, the department of agriculture, trade and consumer protection, and department of transportation on all matters related to this chapter or otherwise affecting snowmobiles and snowmobiling.

AB926, s. 1157 Section 1157. 350.145 (3) (a) 1. of the statutes is amended to read:

AB926,320,25 350.145 (3) (a) 1. Before June 30 of each even-numbered year, the department shall consult with the department of agriculture, trade and consumer protection and the snowmobile recreational council on the proposed changes for the succeeding biennium in the appropriations and laws that affect snowmobiles and snowmobiling.

AB926, s. 1158 Section 1158. 350.15 (3) (a) of the statutes is amended to read:

AB926,321,7 350.15 (3) (a) If a snowmobile accident results in the death of any person, or in an injury that requires the treatment of a person by a physician, the operator of each snowmobile involved in the accident shall give notice of the accident to a conservation warden or local law enforcement officer as soon as possible and, within 10 days after the accident, shall file a written report of the accident with the department on the form prescribed by it.

AB926, s. 1159 Section 1159. 350.17 (1) of the statutes is amended to read:

AB926,321,11 350.17 (1) Any law enforcement officer of the state traffic patrol under s. 110.07 (1), inspector under s. 110.07 (3), warden of the department under s. 23.10, county sheriff or municipal peace officer may enforce the provisions of this chapter.

AB926, s. 1160 Section 1160. 560.11 (1) (a) of the statutes is amended to read:

AB926,321,18 560.11 (1) (a) Advise the department of natural resources environmental quality concerning the effectiveness of the small business stationary source technical and environmental compliance assistance program under s. 285.79, difficulties encountered by small business stationary sources, as defined in s. 285.79 (1), in complying with s. 299.15 and ch. 285 and the degree and severity of enforcement of s. 299.15 and ch. 285 against small business stationary sources.

AB926, s. 1161 Section 1161. 560.11 (2) of the statutes is amended to read:

AB926,321,25 560.11 (2) The employees of the department of commerce who staff the small business ombudsman clearinghouse under s. 560.03 (9) and the employees of the department of natural resources environmental quality who staff the small business stationary source technical and environmental compliance assistance program under s. 285.79 shall provide the small business environmental council with the assistance necessary to comply with sub. (1).

AB926, s. 1162 Section 1162. 560.13 (2) (a) 1m. of the statutes is amended to read:

AB926,322,7 560.13 (2) (a) 1m. The recipient does not use the grant proceeds to pay lien claims of the department of natural resources environmental quality or the federal environmental protection agency based on investigation or remediation activities of the department of natural resources environmental quality or the federal environmental protection agency or to pay delinquent real estate taxes or interest or penalties that relate to those taxes.

AB926, s. 1163 Section 1163. 560.13 (5) of the statutes is amended to read:

AB926,322,11 560.13 (5) Before the department awards a grant under this section, the department shall consider the recommendations of the department of administration and the department of natural resources environmental quality.

AB926, s. 1164 Section 1164. 560.19 (3) of the statutes is amended to read:

AB926,322,17 560.19 (3) In coordination with the solid and hazardous waste education center under s. 36.25 (30) and the department of natural resources environmental quality, the department shall conduct an education, environmental management and technical assistance program to promote pollution prevention among businesses in the state.

AB926, s. 1165 Section 1165. 778.104 (title) of the statutes is amended to read:

AB926,322,20 778.104 (title) Department of natural resources and department of environmental quality forfeitures; how recovered.

AB926, s. 1166 Section 1166. 778.104 of the statutes is renumbered 778.104 (1) and amended to read:

AB926,322,25 778.104 (1) If there is a conflict with this chapter, the procedure in ss. 23.50 to 23.85 shall be followed in actions to recover forfeitures for the violation of those natural resources laws enumerated in s. 23.50.

AB926, s. 1167 Section 1167. 778.104 (2) of the statutes is created to read:

AB926,323,4 778.104 (2) If there is a conflict with this chapter, the procedure in ss. 278.50 to 278.90 shall be followed in actions to recover forfeitures for the violation of those laws enumerated in s. 278.51 (1).

AB926, s. 1168 Section 1168. 778.30 (1) (intro.) of the statutes is amended to read:

AB926,323,10 778.30 (1) (intro.) In addition to the procedures under s. 23.795, 278.795, or 345.47 or under this chapter for the collection of forfeitures, costs, assessments, surcharges or restitution payments if a defendant fails to pay the forfeiture, costs, assessment, surcharge or restitution payment within the period specified by the circuit court, the court may do any of the following:

AB926, s. 1169 Section 1169. 800.02 (2) (a) (intro.) of the statutes is amended to read:

AB926,323,21 800.02 (2) (a) (intro.) The citation shall be signed by a peace officer or endorsed by a municipal attorney or, if applicable, signed by a conservation warden or a state forest ranger. In addition, the governing body of a municipality authorized to adopt the use of citations may designate by ordinance or resolution other municipal officials who may issue citations with respect to ordinances which are directly related to the official responsibilities of the officials. Officials granted the authority to issue citations may delegate, with the approval of the governing body, the authority to employees. Authority delegated to an official or employee may be revoked only in the same manner by which it is conferred. The citation shall contain substantially the following information:

AB926, s. 1170 Section 1170. 814.77 (5) of the statutes is repealed.

AB926, s. 1171 Section 1171. 814.785 of the statutes is created to read:

AB926,324,3 814.785 Surcharges in ch. 278 forfeiture actions. In addition to any forfeiture imposed in an action under s. 278.51, a defendant shall pay the following surcharges if applicable:

AB926,324,4 (1) The court support services surcharge under s. 814.85.

AB926,324,6 (2) The crime laboratories and drug law enforcement surcharge under s. 165.755.

AB926,324,7 (3) The environmental surcharge under s. 299.93.

AB926,324,8 (4) The jail surcharge under s. 302.46 (1).

AB926,324,9 (5) The justice information system surcharge under s. 814.86 (1).

AB926,324,10 (6) The penalty surcharge under s. 757.05.

AB926,324,11 (7) The special prosecution clerks surcharge under s. 814.86 (1m).

AB926, s. 1172 Section 1172. 823.075 (1) (a) of the statutes is amended to read:

AB926,324,14 823.075 (1) (a) "Department" means the department of natural resources agriculture, trade and consumer protection.

AB926, s. 1173 Section 1173. 823.08 (3) (c) 1. of the statutes is amended to read:

AB926,324,22 823.08 (3) (c) 1. Subject to subd. 2., if a court requests the department of agriculture, trade and consumer protection or the department of natural resources environmental quality for suggestions under par. (b) 2. a., the department of agriculture, trade and consumer protection or the department of natural resources environmental quality shall advise the court concerning the relevant provisions of the performance standards, prohibitions, conservation practices and technical standards under s. 281.16 (3).

AB926, s. 1174 Section 1174. 823.085 (2) (intro.) of the statutes is amended to read:

AB926,325,4 823.085 (2) (intro.) In any action finding a solid waste facility or the operation of a solid waste facility to be a public or private nuisance, if the solid waste facility was licensed under s. 289.31 (1) and was operated in substantial compliance with the license, the plan of operation for the solid waste facility approved by the department of natural resources environmental quality and the rules promulgated under s. 289.05 (1) that apply to the facility, then all of the following apply:

AB926, s. 1175 Section 1175. 823.085 (2) (b) of the statutes is amended to read:

AB926,325,8 823.085 (2) (b) The department of natural resources environmental quality shall comply with a request by the court to provide suggestions for practices to reduce the offensive aspects of the nuisance.

AB926, s. 1176 Section 1176. 891.04 of the statutes is amended to read:

AB926,325,17 891.04 Certificate as to public lands. The certificate of the executive secretary appointed under s. 24.55 under the official seal, that any specified piece or tract of land belongs to or is mortgaged to the state, or that the state has any interest, legal or equitable, in that land shall be presumptive evidence of the facts so stated. The certificate of the secretary of natural resources agriculture, trade and consumer protection under the official seal of the department that authority has been given to any person, naming the person, to seize timber or other materials specified in ch. 26 shall be presumptive evidence of the fact so stated.

AB926, s. 1177 Section 1177. 893.73 (2) (a) of the statutes is amended to read:

AB926,325,21 893.73 (2) (a) An action under s. 60.73 contesting an act of a town board or the department of natural resources environmental quality in the establishment of a town sanitary district.

AB926, s. 1178 Section 1178. 895.52 (2) (a) 2. of the statutes is amended to read:

AB926,325,24 895.52 (2) (a) 2. A duty to inspect the property, except as provided under s. ss. 23.115 (2) and 28.047 (3).

AB926, s. 1179 Section 1179. 895.52 (3) (b) of the statutes is amended to read:

AB926,326,6 895.52 (3) (b) A death or injury caused by a malicious act or by a malicious failure to warn against an unsafe condition of which an officer, employee or agent knew, which occurs on property designated by the department of natural resources under s. 23.115, designated by the department of agriculture, trade and consumer protection under s. 28.047, or designated by another state agency for a recreational activity.

AB926, s. 1180 Section 1180. 895.53 (1) (am) of the statutes is created to read:

AB926,326,10 895.53 (1) (am) "State forest ranger" means a person appointed as a state forest ranger by the department of agriculture, trade and consumer protection under s. 28.92.

AB926, s. 1181 Section 1181. 895.53 (2) of the statutes is amended to read:

AB926,326,17 895.53 (2) Any person withdrawing blood at the request of a traffic officer, law enforcement officer, state forest ranger, or conservation warden for the purpose of determining the presence or quantity of alcohol, controlled substances, controlled substance analogs or any combination of alcohol, controlled substances and controlled substance analogs is immune from any civil or criminal liability for the act, except for civil liability for negligence in the performance of the act.

AB926, s. 1182 Section 1182. 895.55 (2) (b) of the statutes is amended to read:

AB926,326,22 895.55 (2) (b) The assistance, advice or care was consistent with the national contingency plan or the state contingency plan or was otherwise directed by the federal on-scene coordinator or the secretary of natural resources environmental quality.

AB926, s. 1183 Section 1183. 895.56 (2) (c) of the statutes is amended to read:

AB926,327,3 895.56 (2) (c) The acts or omissions involving petroleum-contaminated soil on the property were required by reasonably precise specifications in the contract entered into under s. 84.06 (2), and the acts or omissions conformed to those specifications, or were otherwise directed by the department of transportation or by the department of natural resources environmental quality.

AB926, s. 1184 Section 1184. 895.56 (3) (c) of the statutes is amended to read:

AB926,327,10 895.56 (3) (c) The person fails to warn the department of transportation or the department of natural resources environmental quality about the presence of petroleum-contaminated soil encountered at the site, if the petroleum-contaminated soil was reasonably known to the person but not to the department of transportation or to the department of natural resources environmental quality.

AB926, s. 1185 Section 1185. 895.58 (1) (a) of the statutes is amended to read:

AB926,327,13 895.58 (1) (a) "Department" means the department of natural resources environmental quality.

AB926, s. 1186 Section 1186. 938.237 (1) of the statutes is amended to read:

AB926,327,17 938.237 (1) Citation form. The citation forms under s. 23.54, 66.0113, 278.54 778.25, 778.26 or 800.02 may be used to commence an action for a violation of civil laws and ordinances in the court.

AB926, s. 1187 Section 1187. 938.237 (2) of the statutes is amended to read:

AB926,328,2 938.237 (2) Procedures. The procedures for issuance and filing of a citation, and for forfeitures, stipulations, and deposits in ss. 23.50 to 23.67, 23.75 (3) and (4), 66.0113, 278.50 to 278.67, 278.75 (3) and (4), 778.25, 778.26, and 800.01 to 800.04 except s. 800.04 (2) (b), when the citation is issued by a law enforcement officer, shall be used as appropriate, except that this chapter shall govern taking and holding a juvenile in custody, s. 938.37 shall govern costs, fees, and surcharges imposed under ch. 814, and a capias shall be substituted for an arrest warrant. Sections 66.0113 (3) (c) and (d), 66.0114 (1), and 778.10 as they relate to collection of forfeitures do not apply.

AB926, s. 1188 Section 1188. 951.01 (4) of the statutes is amended to read:

AB926,328,6 951.01 (4) "Law enforcement officer" has the meaning assigned under s. 967.02 (5) but does not include a conservation warden appointed under s. 23.10, an environmental warden appointed under s. 278.10, or a state forest ranger.

AB926, s. 1189 Section 1189. 990.01 (39) of the statutes is created to read:

AB926,328,9 990.01 (39) Southern state forest. "Southern state forest" means a state forest that is located within the region specified in s. 25.29 (7) (a).

AB926, s. 1190 Section 1190. Nonstatutory provisions.

AB926,328,11 (1) Transfers to the department of environmental quality.