AB926: Bill Text

AB926,268,20 (4) The basic amount of the deposit shall be determined in accordance with a deposit schedule that the judicial conference shall establish. Annually, the judicial conference shall review and may revise the schedule. In addition to the basic amount determined according to the schedule, the deposit shall include costs, fees, and surcharges imposed under ch. 814.

AB926,268,23 278.67 Deposit and stipulation of no contest. (1) If under s. 278.62 a person is cited or arrested, the person may make a deposit and stipulation of no contest, and submit them in the same manner as the deposit in s. 278.66.

AB926,269,2 (2) The deposit and stipulation of no contest may be made at any time prior to the court appearance date. By signing the stipulation, the defendant is considered to have tendered a plea of no contest and submitted to a forfeiture, plus costs, fees, and surcharges imposed under ch. 814, not to exceed the amount of the deposit.

AB926,269,10 (3) The person receiving the deposit and stipulation of no contest shall prepare a receipt in triplicate showing the purpose for which the deposit is made, stating that the defendant may inquire at the office of the clerk of circuit court regarding the disposition of the deposit, and notifying the defendant that, if the stipulation of no contest is accepted by the court, the defendant will be considered to have submitted to a forfeiture, plus costs, fees and surcharges imposed under ch. 814, not to exceed the amount of the deposit. Delivery of the receipt shall be made in the same manner as in s. 278.66.

AB926,269,13 (4) If the court does not accept the deposit and stipulation of no contest, a summons shall be issued. If the defendant fails to respond to the summons, an arrest warrant shall be issued.

AB926,269,16 (5) The defendant may, within 10 days after signing the stipulation or at the time of the court appearance date, move the court for relief from the effects of the stipulation, under s. 278.75 (3) (c).

AB926,269,20 278.68 Pleading. The citation or complaint issued under s. 278.62 or 278.65 may serve as the initial pleading and is adequate process to give the appropriate court jurisdiction over the person upon the filing of the citation or complaint with the court.

AB926,269,22 278.69 Motions. In a case under this subchapter, any motion that is capable of determination without the trial of the general issue shall be made before trial.

AB926,270,2 278.70 Arraignment; plea. (1) Under this subchapter, if a defendant appears in response to a citation or a summons, or is arrested and brought before a court with jurisdiction to try the case, the defendant shall be informed that he or she is entitled to a jury trial and then asked whether he or she wishes to plead. If the defendant wishes to plead, he or she may plead guilty, not guilty, or no contest.

AB926,270,4 (2) If the defendant pleads guilty or no contest under sub. (1), the court may accept the plea, find the defendant guilty, and proceed under s. 278.78.

AB926,270,8 278.71 Not guilty plea; immediate trial. Under this subchapter, if a defendant pleads not guilty, states that he or she waives the right to jury trial, and wishes an immediate trial and, if the state consents, the case may be tried immediately.

AB926,270,16 278.72 Not guilty plea. Under this subchapter, if a defendant pleads not guilty and the trial is not held under s. 278.71, the court shall set a date for trial or advise the defendant that he or she will be notified of the date set for trial. The defendant shall be released upon payment of a deposit as set forth in s. 278.66, or the court may release the defendant on his or her own recognizance. If a defendant fails to appear at the date set under this section, the court may issue a warrant under ch. 968 and, if the defendant has posted a deposit for appearance at that date, the court may order the deposit forfeited.

AB926,270,22 278.73 Discovery. In a case under this subchapter, neither party is entitled to pretrial discovery except that, if the defendant moves within 10 days after the alleged violation and shows cause therefor, the court may order that the defendant be allowed to inspect and test, under any conditions that the court prescribes, any devices used by the plaintiff to determine whether a violation has been committed and may inspect the reports of experts relating to those devices.

AB926,270,24 278.74 Mode of trial. In a case under this subchapter, all of the following apply:

AB926,271,2 (1) The defendant shall be informed of the right to a jury trial in circuit court on payment of fees required by s. 278.77 (1).

AB926,271,4 (2) If both parties request a trial by the court or if neither demands a trial by jury, the right to a trial by jury is waived.

AB926,271,6 278.75 Proceedings in court. In a case under this subchapter, all of the following apply:

AB926,271,8 (1) If the defendant appears in court at the time directed in the citation or summons, the case shall be tried as provided by law.

AB926,271,11 (2) If the defendant fails to appear in court at the time fixed in the complaint and summons, judgment may be rendered against the defendant according to the demand of the complaint, or the court may issue a warrant for the defendant's arrest.

AB926,271,13 (3) If the defendant fails to appear in court at the time fixed in the citation or by subsequent postponement, the following procedure shall apply:

AB926,271,16 (a) 1. If the defendant has not made a deposit, the court may consider the nonappearance to be a plea of no contest and enter judgment accordingly or the court may issue a summons or an arrest warrant.

AB926,271,21 2. If the court considers the nonappearance to be a plea of no contest and enters judgment accordingly, the court shall promptly mail a copy or notice of the judgment to the defendant. The judgment shall allow the defendant not less than 20 working days from the date on which the judgment copy or notice is mailed to pay the forfeiture, plus costs, fees, and surcharges imposed under ch. 814.

AB926,272,11 (b) If the defendant has made a deposit, the citation may serve as the initial pleading and the defendant shall be considered to have tendered a plea of no contest and submitted to a forfeiture, plus costs, fees, and surcharges imposed under ch. 814, not exceeding the amount of the deposit. The court may either accept the plea of no contest and enter judgment accordingly, or reject the plea and issue a summons. If the defendant fails to appear in response to the summons, the court shall issue an arrest warrant. If the court accepts the plea of no contest, the defendant may move within 90 days after the date set for appearance to withdraw the plea of no contest, open the judgment, and enter a plea of not guilty if the defendant shows to the satisfaction of the court that failure to appear was due to mistake, inadvertence, surprise, or excusable neglect. If a party is relieved from the plea of no contest, the court or judge may order a written complaint to be filed and set the matter for trial. After trial the costs, fees, and surcharges imposed under ch. 814 shall be taxed as provided by law. If on reopening the defendant is found not guilty, the court shall delete the record of conviction and shall order the defendant's deposit returned.

AB926,273,2 (c) If the defendant has made a deposit and stipulation of no contest, the citation may serve as the initial pleading and the defendant shall be considered to have tendered a plea of no contest and submitted to a forfeiture, plus costs, fees and surcharges imposed under ch. 814, not exceeding the amount of the deposit. The court may either accept the plea of no contest and enter judgment accordingly, or reject the plea and issue a summons. If the defendant fails to appear in response to the summons, the court shall issue an arrest warrant. After signing a stipulation of no contest, the defendant may, at any time prior to or at the time of the court appearance date, move the court for relief from the effect of the stipulation. The court may act on the motion, with or without notice, for cause shown by affidavit and upon just terms, and relieve the defendant from the stipulation and the effects of the stipulation. If the defendant is relieved from the stipulation of no contest, the court may order a citation or complaint to be filed and set the matter for trial. After trial the costs, fees, and surcharges imposed under ch. 814 shall be taxed as provided by law.

AB926,273,12 (4) If a citation or summons is issued to a defendant and he or she is unable to appear in court on the day specified, the defendant may enter a plea of not guilty by mailing to the judge at the address indicated on the citation or summons a letter stating that plea. The letter must show the defendant's return address. The letter may include a request for trial during normal daytime business hours. Upon receipt of the letter, the judge shall reply by letter to the defendant's address setting forth a time and place for trial, the time to be during normal business hours if so requested. The date of the trial shall be at least 10 days after the mailing by the judge. Nothing in this subsection forbids the setting of the trial at any time convenient to all parties concerned.

AB926,273,13 (5) Costs may not be taxed against the plaintiff.

AB926,273,16 278.76 Burden of proof. In all actions under this subchapter, the state must convince the trier of fact to a reasonable certainty of every element of the offense by evidence that is clear, satisfactory, and convincing.

AB926,273,21 278.77 Jury trial. (1) If in an action under this subchapter either party files a written demand for a jury trial within 20 days after the court appearance date and immediately pays the fee prescribed in s. 814.61 (4), the court shall place the case on the jury calendar. The number of jurors shall be determined under s. 756.06 (2) (b). If no party demands a trial by jury, the right to trial by jury is permanently waived.

AB926,273,23 (3) If there is a demand for a trial by jury, the provisions of s. 345.43 (3) (a) and (b) are applicable.

AB926,274,3 278.78 Verdict. A verdict is an action under this subchapter is valid if agreed to by five-sixths of the jury. If a verdict relates to more than one count, it shall be valid as to any count if any five-sixths of the jury agree on that count. The form of the verdict shall be guilty or not guilty. The court shall state the amount of the forfeiture after a finding of guilty.

AB926,274,5 278.79 Judgment. In an action under this subchapter, all of the following apply:

AB926,274,8 (1) If the defendant is found guilty, the court may enter judgment against the defendant for a monetary amount not to exceed the maximum forfeiture provided by the statute for the violation, plus costs, fees, and surcharges imposed under ch. 814.

AB926,274,12 (2) The payment of any judgment may be suspended or deferred for not more than 90 days in the discretion of the court. In cases in which a deposit has been made, any forfeitures, costs, and surcharges imposed under ch. 814 shall be taken out of the deposit and the balance, if any, returned to the defendant.

AB926,274,17 (3) In addition to any monetary penalties, the court may order the defendant to perform or refrain from performing any acts that may be necessary to fully protect and effectuate the public interest. The court may order abatement of a nuisance, restoration of a natural resource, or other appropriate action designed to eliminate or minimize any environmental damage caused by the defendant.

AB926,274,19 (4) The court may, where provided by law, revoke or suspend any or all privileges and licenses.

AB926,274,21 (5) All civil remedies are available in order to enforce the judgment of the court, including the power of contempt under ch. 785.

AB926,275,11 278.795 Nonpayment of judgments. If a defendant fails to timely pay a judgment entered under s. 278.75 (3) (a) 2. or 278.79, the court may issue an arrest warrant or a summons ordering the defendant to appear in court or both. If the defendant appears before the court pursuant to a warrant or summons or the defendant otherwise notifies the court that he or she is unable to pay the judgment, the court shall conduct a hearing. If the defendant failed to pay the forfeiture, the court shall determine if the defendant is unable to pay the amount specified in the judgment for good cause or because of the defendant's indigence. If the court determines that the failure of the defendant to comply with the judgment is for good cause or because of the defendant's indigence, the court may order that the amount of the judgment be modified, suspended, or permanently stayed. If the defendant fails to appear before the court for a hearing under this section or if the court determines at the hearing that the failure of a defendant to pay the judgment is not for good cause or not because of the defendant's indigence, the court shall order one of the following:

AB926,275,13 (1) That the defendant be imprisoned for a time not to exceed 5 days or until the amount is paid, whichever is less.

AB926,275,15 (2) That the amount of the judgment be modified, suspended, or permanently stayed.

AB926,275,17 278.80 Judgment against a corporation or municipality. In a case under this subchapter, all of the following apply:

AB926,275,21 (1) If a representative of a corporation or municipality fails to appear within the time required by the citation or summons, the default of the corporation or municipality may be recorded and the charge against it taken as true and judgment shall be rendered accordingly.

AB926,275,24 (2) Upon default of a defendant corporation or municipality, or upon conviction, judgment for the amount of the forfeiture, plus costs, fees, and surcharges imposed under ch. 814, shall be entered.

AB926,276,4 278.81 Effect of plea of no contest. Forfeiture of deposit under s. 278.75 (3) (b), an accepted plea of no contest under s. 278.70, or a stipulation of no contest under s. 278.75 (3) (c) to a charge of violation is not admissible in evidence as an admission against interest in any action or proceeding arising out of the same occurrence.

AB926,276,6 278.82 Fees. Fees in forfeiture actions under this subchapter are prescribed in s. 814.63.

AB926,276,7 278.83 Appeal. In a case under this subchapter, all of the following apply:

AB926,276,8 (1) Jurisdiction on appeal. Appeal may be taken by either party.

AB926,276,11 (2) Stay of execution. The amount of undertaking required to stay execution on appeal may not exceed the amount of the maximum forfeiture, plus costs, fees, and surcharges imposed under ch. 814.

AB926,276,13 (3) Procedure on appeal. An appeal to the court of appeals shall be in accordance with chs. 808 and 809.

AB926,276,22 278.84 Forfeitures, costs, fees, and surcharges collected; to whom paid. All moneys collected in favor of the state under this subchapter for forfeiture, plus costs, fees, and surcharges imposed under ch. 814, shall be paid by the officer who collects the moneys to the appropriate county treasurer within 20 days after their receipt by the officer, except that all jail surcharges imposed under ch. 814 shall be paid to the county treasurer. In case of any failure in the payment, the county treasurer may collect the payment from the officer by an action in the treasurer's name of office and upon the official bond of the officer, with interest at the rate of 12 percent per year from the time when it should have been paid.

AB926,277,7 278.85 Statement to county board; payment to state. Every county treasurer shall, on the first day of the annual meeting of the county board of supervisors, submit to it a verified statement of all forfeitures, costs, fees, and surcharges imposed under ch. 814 and received under this subchapter during the previous year. The county clerk shall deduct all expenses incurred by the county in recovering those forfeitures, costs, fees, and surcharges from the aggregate amount so received, and shall immediately certify the amount of clear proceeds of those forfeitures, costs, fees, and surcharges to the county treasurer, who shall pay the proceeds to the state as provided in s. 59.25 (3). Jail surcharges imposed under ch. 814 shall be treated separately as provided in s. 302.46.

AB926,277,9 278.90 Place of trial. In cases under this subchapter, all of the following apply:

AB926,277,11 (1) Civil actions shall be tried in the county where the offense was committed, except as otherwise provided in this section.

AB926,277,13 (2) If 2 or more acts are requisite to the commission of any offense, the trial may be in any county in which any of the acts occurred.

AB926,277,15 (3) Where an offense is committed on or within one-fourth of a mile of the boundary of 2 or more counties, the defendant may be tried in any of those counties.

AB926,277,18 (4) If an offense is commenced outside the state and is consummated within the state, the defendant may be tried in the county where the offense was consummated.

AB926,277,23 (5) If an offense is committed on boundary waters at a place where 2 or more counties have common jurisdiction under s. 2.03 or 2.04 or under any other law, the prosecution may be in either county. The county whose process against the offender is first served shall be conclusively presumed to be the county in which the offense was committed.

AB926, s. 999 Section 999. 279.06 (2) of the statutes is amended to read:

AB926,278,3 279.06 (2) The authority shall notify the department of natural resources environmental quality of its action on an application under s. 279.05 (1) at the same time that it notifies the applicant or applicants.

AB926, s. 1000 Section 1000. 280.01 (1) of the statutes is amended to read:

AB926,278,6 280.01 (1) "Department" means the department of natural resources environmental quality.

AB926, s. 1001 Section 1001. 280.98 (1) of the statutes is amended to read:

AB926,278,11 280.98 (1) Except as provided in sub. (5), the department may follow the procedures for the issuance of a citation under ss. 23.50 to 23.99 278.50 to 278.90 to collect a forfeiture as specified in sub. (3) from a person who commits a violation specified under sub. (2).

AB926, s. 1002 Section 1002. 281.01 (3) of the statutes is amended to read:

AB926,278,14 281.01 (3) "Department" means the department of natural resources environmental quality.

AB926, s. 1003 Section 1003. 281.01 (12) of the statutes is amended to read:

AB926,278,17 281.01 (12) "Secretary" means the secretary of natural resources environmental quality.

AB926, s. 1004 Section 1004. 281.01 (21) of the statutes is amended to read:

AB926,278,19 281.01 (21) "Wetland" has the meaning given in s. 23.32 278.32 (1).

AB926, s. 1005 Section 1005. 281.15 (1) of the statutes is amended to read:

AB926,279,7 281.15 (1) The department, in consultation with the department of natural resources, shall promulgate rules setting standards of water quality to be applicable to the waters of the state, recognizing that different standards may be required for different waters or portions thereof. Water quality standards shall consist of the designated uses of the waters or portions thereof and the water quality criteria for those waters based upon the designated use. Water quality standards shall protect the public interest, which include the protection of the public health and welfare and the present and prospective future use of such waters for public and private water systems, propagation of fish and aquatic life and wildlife, domestic and recreational purposes and agricultural, commercial, industrial and other legitimate uses. In all cases where the potential uses of water are in conflict, water quality standards shall be interpreted to protect the general public interest.

AB926, s. 1006 Section 1006. 281.16 (3) (a) (intro.) of the statutes is amended to read:

AB926,279,15 281.16 (3) (a) (intro.) The department of natural resources environmental quality, in consultation with the department of agriculture, trade and consumer protection, shall promulgate rules prescribing performance standards and prohibitions for agricultural facilities and agricultural practices that are nonpoint sources. The performance standards and prohibitions shall be designed to achieve water quality standards by limiting nonpoint source water pollution. At a minimum, the prohibitions shall include all of the following:

AB926, s. 1007 Section 1007. 281.16 (3) (b) of the statutes is amended to read:

AB926,279,22 281.16 (3) (b) The department of agriculture, trade and consumer protection, in consultation with the department of natural resources environmental quality, shall promulgate rules prescribing conservation practices to implement the performance standards and prohibitions under par. (a) and specifying a process for the development and dissemination of technical standards to implement the performance standards and prohibitions under par. (a).

AB926, s. 1008 Section 1008. 281.16 (3) (e) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB926,280,17 281.16 (3) (e) An owner or operator of an agricultural facility or practice that is in existence before October 14, 1997, may not be required by this state or a municipality to comply with the performance standards, prohibitions, conservation practices or technical standards under this subsection unless cost-sharing is available, under s. 92.14 or 281.65 or from any other source, to the owner or operator. For the purposes of this paragraph, sub. (4) and ss. 92.07 (2), 92.15 (4), and 823.08 (3) (c) 2., the department of natural resources environmental quality shall promulgate rules that specify criteria for determining whether cost-sharing is available under s. 281.65 and the department of agriculture, trade and consumer protection shall promulgate rules that specify criteria for determining whether cost-sharing is available under s. 92.14 or from any other source. The rules may not allow a determination that cost-sharing is available to meet local regulations under s. 92.07 (2) or 92.15 that are consistent with or that exceed the performance standards, prohibitions, conservation practices or technical standards under this subsection unless the cost-sharing is at least 70% of the cost of compliance or is from 70% to 90% of the cost of compliance in cases of economic hardship, as defined in the rules.

AB926, s. 1009 Section 1009. 281.17 (3) of the statutes is amended to read:

AB926,281,13 281.17 (3) The department shall promulgate rules establishing an examining program for the certification of operators of water systems, wastewater treatment plants and septage servicing vehicles operated under a license issued under s. 281.48 (3), setting such standards as the department finds necessary to accomplish the purposes of this chapter and chs. 285 and 289 to 299, including requirements for continuing education. The department may charge applicants a fee for certification. All moneys collected under this subsection for the certification of operators of water systems, wastewater treatment plants and septage servicing vehicles shall be credited to the appropriation under s. 20.370 20.375 (4) (bL). No person may operate a water systems system, wastewater treatment plant or septage servicing vehicle without a valid certificate issued under this subsection. The department may suspend or revoke a certificate issued under this subsection for a violation of any statute or rule relating to the operation of a water system or wastewater treatment plant or to septage servicing, for failure to fulfill the continuing education requirements or as provided under s. 145.20 (5). The owner of any wastewater treatment plant shall be, or shall employ, an operator certified under this subsection who shall be responsible for plant operations, unless the department by rule provides otherwise. In this subsection, "wastewater treatment plant" means a system or plant used to treat industrial wastewater, domestic wastewater or any combination of industrial wastewater and domestic wastewater.

AB926, s. 1010 Section 1010. 281.19 (6) of the statutes is amended to read:

AB926,281,16 281.19 (6) Orders issued by the department shall be signed by the person designated by the board secretary.

AB926, s. 1011 Section 1011. 281.33 (2) of the statutes is amended to read:

AB926,282,2 281.33 (2) State storm water management plan. The department, in consultation with the department of commerce, shall promulgate by rule a state storm water management plan. This state plan is applicable to activities contracted for or conducted by any agency, as defined under s. 227.01 (1), but also including the office of district attorney, unless that agency enters into a memorandum of understanding with the department of natural resources in which that agency agrees to regulate activities related to storm water management. The department shall coordinate the activities of agencies, as defined under s. 227.01 (1), in storm water management and make recommendations to these agencies concerning activities related to storm water management.

AB926, s. 1012 Section 1012. 281.34 (4) (b) of the statutes is amended to read:

AB926,282,8 281.34 (4) (b) If, under sub. (5) (b), (c), or (d), the department requests an environmental impact report under s. 23.11 (5) 278.40 (1m) for a proposed high capacity well, the department may only request information in that report that relates only to the decisions that the department makes under this section related to the proposed high capacity well.

AB926, s. 1013 Section 1013. 281.34 (5) (b) 1. of the statutes is amended to read:

AB926,282,17 281.34 (5) (b) 1. Except as provided in subd. 2., if the department determines, under the environmental review process in sub. (4), that an environmental impact report under s. 23.11 (5) 278.40 (1m) must be prepared for a proposed high capacity well located in a groundwater protection area, the department may not approve the high capacity well unless it is able to include and includes in the approval conditions, which may include conditions as to location, depth, pumping capacity, rate of flow, and ultimate use, that ensure that the high capacity well does not cause significant environmental impact.

AB926, s. 1014 Section 1014. 281.34 (5) (c) of the statutes is amended to read:

AB926,283,2 281.34 (5) (c) High water loss. If the department determines, under the environmental review process in sub. (4), that an environmental impact report under s. 23.11 (5) 278.40 (1m) must be prepared for a proposed high capacity well with a water loss of more than 95 percent of the amount of water withdrawn, the department may not approve the high capacity well unless it is able to include and includes in the approval conditions, which may include conditions as to location, depth, pumping capacity, rate of flow, and ultimate use, that ensure that the high capacity well does not cause significant environmental impact.

AB926, s. 1015 Section 1015. 281.34 (5) (d) 1. of the statutes is amended to read: