AB926: Bill Text

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AB926, s. 1170 Section 1170. 814.77 (5) of the statutes is repealed.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

AB926,328,14 (a) Assets and liabilities. On the effective date of this paragraph, the following assets and liabilities of the department of natural resources shall become the assets and liabilities of the department of environmental quality:

AB926,328,16 1. The assets and liabilities that are primarily related to the functions of the division of air and waste.

AB926,328,20 2. The assets and liabilities that are primarily related to the functions of the bureau of drinking water and groundwater and to those functions of the bureau of watershed management that are assigned to the department of environmental quality by this act.

AB926,328,24 3. The assets and liabilities that are primarily related to those functions of the divisions of enforcement and science, administration and technology, and customer assistance and employee services that are assigned to the department of environmental quality by this act.

AB926,329,3 4. Any other assets and liabilities related to the administrative functions of the department of natural resources that the secretary of natural resources determines should be transferred.

AB926,329,6 (b) Employee transfers. The following classified positions in the department of natural resources and the incumbents in the positions are transferred to the department of environmental quality:

AB926,329,8 1. The classified positions and the incumbents in the positions in the division of air and waste.

AB926,329,13 2. The classified positions and the incumbents in the positions in the bureau of drinking water and groundwater and the classified positions and the incumbents in the positions in the bureau of watershed management that are primarily related to those functions of the bureau of watershed management that are assigned to the department of environmental quality by this act.

AB926,329,17 3. The classified positions and the incumbents in the positions that are primarily related to those functions of the divisions of enforcement and science, administration and technology, and customer and employee services that are assigned to the department of environmental quality by this act.

AB926,329,20 4. Any other classified positions and the incumbents in the positions related to the administrative functions of the department of natural resources that the secretary of natural resources determines should be transferred.

AB926,330,2 (c) Employee status. Employees transferred under paragraph (b ) shall have the same rights and status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of environmental quality that they enjoyed in the department of natural resources immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employee so transferred who has attained permanent status in class is required to serve a probationary period.

AB926,330,9 (d) Position changes. The authorized full-time equivalent positions for the department of natural resources funded by an appropriation immediately before the effective date of this paragraph are reduced by the number of full-time equivalent positions funded by that appropriation that are transferred to the department of environmental quality under par. (b ), and the authorized full-time equivalent positions for the department of environmental quality funded by the equivalent appropriation to that department are increased by the same number.

AB926,330,12 (e) Tangible personal property. On the effective date of this paragraph, all of the following tangible personal property, including records, of the department of natural resources shall be transferred to the department of environmental quality:

AB926,330,14 1. The tangible personal property, including records, primarily related to the functions of the division of air and waste.

AB926,330,18 2. The tangible personal property, including records, primarily related to the functions of the bureau of drinking water and groundwater and to those functions of the bureau of watershed management that are assigned to the department of environmental quality by this act.

AB926,330,21 3. The tangible personal property, including records, primarily related to those functions of the divisions of enforcement and science and customer and employee services that are assigned to the department of environmental quality by this act.

AB926,330,24 4. Any other tangible personal property related to the administrative functions of the department of natural resources that the secretary of natural resources determines should be transferred.

AB926,331,3 (f) Contracts transferred. The following contracts entered into by the department of natural resources in effect on the effective date of this paragraph remain in effect and are transferred to the department of environmental quality:

AB926,331,5 1. Contracts that are primarily related to the functions of the division of air and waste.

AB926,331,9 2. Contracts that are primarily related to the functions of the bureau of drinking water and groundwater and to those functions of the bureau of watershed management that are assigned to the department of environmental quality by this act.

AB926,331,12 3. Contracts that are primarily related to those functions of the divisions of enforcement and science and customer and employee services that are assigned to the department of environmental quality by this act.

AB926,331,15 4. Any other contracts related to the administrative functions of the department of natural resources that the secretary of natural resources determines should be transferred.

AB926,331,19 (g) Contracts carried out. The department of environmental quality shall carry out the obligations in a contract under paragraph (f ) except to the extent that the contract is modified or rescinded by the department of environmental quality in a manner allowed under the contract.

AB926,331,20 (h) Rules and orders.

AB926,331,25 1. The following rules promulgated and orders issued by the department of natural resources that are in effect on the effective date of this subdivision shall be considered rules and orders of the department of environmental quality and shall remain in effect until their specified effective dates or until modified, repealed, or rescinded by the department of environmental quality:

AB926,332,2 a. The rules and orders that are primarily related to the functions of the division of air and waste.

AB926,332,6 b. The rules and orders that are primarily related to the functions of the bureau of drinking water and groundwater and to those functions of the bureau of watershed management that are assigned to the department of environmental quality by this act.

AB926,332,9 c. The rules and orders that are primarily related to those functions of the divisions of enforcement and science and customer and employee services that are assigned to the department of environmental quality by this act.

AB926,332,15 2. In the rules and orders under subdivision 1., references to the secretary or department of natural resources or to an officer or employee of the department of natural resources transferred under this act to the department of environmental quality shall be treated as references to the secretary or department of environmental quality or to an officer or employee of the department of environmental quality.

AB926,332,21 (i) Pending matters. The following matters pending with the department of natural resources on the effective date of this paragraph are transferred to the department of environmental quality, and all materials submitted to or actions taken by the department of natural resources with respect to the following pending matters are considered as having been submitted to or taken by the department of environmental quality:

AB926,332,23 1. Pending matters that are primarily related to the functions of the division of air and waste.

AB926,333,2 2. Pending matters that are primarily related to the functions of the bureau of drinking water and groundwater and to those functions of the bureau of watershed management that are assigned to the department of environmental quality by this act.

AB926,333,5 3. Pending matters that are primarily related to those functions of the divisions of enforcement and science and customer and employee services that are assigned to the department of environmental quality by this act.

AB926,333,7 4. Any other pending maters relating to the administration of the department that the secretary of natural resources determines should be transferred.