LRB-1401/2
RNK:bjk:ph
2009 - 2010 LEGISLATURE
March 17, 2009 - Introduced by Senators Jauch, Holperin, Lassa, Lehman, Plale,
Risser and Sullivan, cosponsored by Representatives Milroy, Pocan, A. Ott,
Fields, Hraychuck, Hubler, Richards, Seidel, Sherman, Sinicki, Spanbauer,
Staskunas and Steinbrink. Referred to Committee on Environment.
SB123,1,11
1An Act to repeal 23.225, 23.245 and 30.715 (title) and (1) to (4);
to renumber
230.715 (5);
to renumber and amend 30.715 (6);
to amend 23.22 (3) (c), 23.22
3(6) (b), 23.22 (6) (c), 30.124 (1) (a), 30.1255 (3) (b) and 66.0407 (1) (b); and
to
4create 23.22 (2t), 23.22 (5m), 23.2355, 30.07, 30.80 (5m), 287.07 (7) (cm) and
5345.11 (1j) of the statutes;
relating to: regulating the transportation of aquatic
6plants and aquatic animals, the administration of federal funds for the control
7and eradication of noxious weeds, the placement of vehicles, seaplanes,
8watercraft, and other objects in navigable waters, the regulation of noxious
9weeds by municipalities, the disposal of invasive species, providing an
10exemption from rule-making procedures, requiring the exercise of
11rule-making authority, and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, the Department of Natural Resources (DNR) administers
various laws to control invasive species. DNR also regulates the placement of certain
boats, boat trailers, and equipment (boats) in navigable waters with aquatic plants
attached. This draft makes various changes to those laws and imposes new
restrictions relating to invasive species and aquatic plants and animals.
Placement of certain objects in navigable waters
Under current law, no person may place or use a boat in a navigable water if the
person has reason to believe that it has any aquatic plants attached. Current law
also prohibits the placement or use of a boat in the Lower St. Croix River if the person
has reason to believe that the boat has zebra mussels attached. This bill expands
these restrictions by prohibiting the placement or operation of any vehicle, seaplane,
watercraft, or other object of any kind in a navigable water if the object has any
aquatic plants or aquatic animals attached. Under the bill, this prohibition applies
regardless of whether the person had reason to believe that such plants or animals
are attached. The bill specifies that the prohibition does not require a person to
remove attached aquatic plants or animals during the period of time when the object
is being used in the same navigable body of water in which the aquatic plants or
animals became attached.
Current law authorizes a law enforcement officer to order a person to remove
aquatic plants from a boat before placing the boat in a navigable water and to remove
a boat from, or to not place a boat in, a navigable water if the law enforcement officer
has reason to believe that the boat has aquatic plants attached. This bill broadens
this authority to allow a law enforcement officer to order removal of aquatic animals
in addition to aquatic plants and to order their removal from any vehicle, seaplane,
watercraft, or other object of any kind before placing it in a navigable water. Under
this expanded authority a law enforcement officer may also order removal of any
object from a navigable water.
Transportation of vehicles, watercraft, seaplanes, and other objects.
Current law prohibits any person, with certain exceptions, from transporting
a boat on a highway if it has an invasive species attached to the boat. This bill
expands this prohibition. Under this bill, no person may transport or operate a
vehicle, watercraft, or other object of any kind on a highway with aquatic plants or
aquatic animals attached. The bill also prohibits a person from taking off with a
seaplane with such plants or animals attached. The bill also authorizes, with certain
exceptions, a law enforcement officer to order a person not to take off with a seaplane
or not to transport or operate a vehicle, watercraft, or other object on a highway if
the law enforcement officer has reason to believe that it has aquatic plants or aquatic
animals attached. Under the bill, the transportation restrictions do not apply to
certain persons, including a person who transports commercial aquatic plant
harvesting equipment for the purpose of cleaning the equipment to remove aquatic
plants or aquatic animals or to a person who transports duckweed that is incidentally
attached to the object being transported.
Invasive species compliance investigation and department authority
Under current law, DNR administers a statewide program to control invasive
species. This bill authorizes DNR, for the purpose of administering and enforcing the
statewide invasive species program, to conduct compliance investigations. The bill
authorizes a DNR warden or other DNR representative to enter certain premises,
other than a dwelling, where invasive species are stored, where records relating to
invasive species are kept, where vehicles, boats, equipment, or materials used to
transport or hold invasive species are located, or where activities related to invasive
species are conducted. It also authorizes DNR to inspect invasive species stored or
possessed by any person, inspect records or reports relating to invasive species, take
diagnostic samples, and seize and destroy certain invasive species.
This bill also establishes DNR's authority to hold hearings relating to any
aspect of the administration of the statewide invasive species program. It also
authorizes DNR to waive compliance with certain requirements of the program or
shorten time periods under the program to the extent necessary to prevent an
emergency condition threatening public health, safety, or welfare or the
environment. The bill requires every state agency to cooperate with DNR in the
administration of the statewide invasive species program where the interests of
DNR and the respective state agency overlaps.
Rules
Under current law, DNR is required to promulgate rules to identify, classify,
and control invasive species for the purposes of the statewide invasive species
program. This bill authorizes DNR to promulgate an emergency rule to identify,
classify, or control an invasive species without providing evidence of an emergency.
Under the bill, a rule promulgated in this manner remains in effect until the earlier
of two years after the rule's effective date, the repeal of the rule, or the date on which
a corresponding permanent rule takes effect.
Other provisions
Under current law, any person who owns land is required to destroy noxious
weeds on that land. Noxious weeds are defined to include certain weeds such as
Canada thistle, leafy spurge, and any other weed that a municipality or county by
ordinance or resolution declares to be noxious within its respective borders. This bill
expands the definition of a noxious weed to include any weed that DNR designates
as a noxious weed by rule.
Under current law, with limited exceptions, no person may dispose of yard
waste in a solid waste disposal facility. This bill provides that the prohibition does
not apply to the disposal of plants that are classified by DNR as invasive species or
seeds of those plants, if the plants or seeds are not commingled with other yard waste.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB123, s. 1
1Section
1. 23.22 (2t) of the statutes is created to read:
SB123,4,9
123.22
(2t) Department powers and cooperation. (a) Using the procedure
2under s. 227.24, the department may promulgate an emergency rule to identify,
3classify, or control an invasive species under sub. (2) (b) 6. Notwithstanding s. 227.24
4(1) (a) and (3), the department is not required to provide evidence that promulgating
5a rule under this paragraph as an emergency rule is necessary for the preservation
6of public peace, health, safety, or welfare and is not required to provide a finding of
7emergency for a rule promulgated under this paragraph. Notwithstanding s. 227.24
8(1) (c) and (2), an emergency rule promulgated under this paragraph remains in
9effect until whichever of the following occurs first:
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1. The first day of the 25th month beginning after the effective date of the
11emergency rule.
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2. The effective date of the repeal of the emergency rule.
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3. The date on which the permanent rule identifying, classifying, or controlling
14the invasive species, promulgated under sub. (2) (b) 6., takes effect.
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(b) The department may hold hearings relating to any aspect of the
16administration of this section and, in connection with those hearings, compel the
17attendance of witnesses and the production of evidence.
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(c) The department may waive compliance with any requirement under this
19section or shorten the time periods under this section to the extent necessary to
20prevent an emergency condition threatening public health, safety, or welfare or the
21environment.
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(d) The department may secure necessary scientific, technical, administrative,
23and operational services, including laboratory facilities, by contract or otherwise for
24purposes of this section.
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1(e) The department may advise and may consult, contract, and cooperate with,
2other state agencies, local governments, industries, other states, interstate or
3interlocal agencies, the federal government, and other interested persons or groups
4for purposes if this section.
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(f) Every state agency shall cooperate with the department in the
6administration of this section where the interests of the department and the
7respective state agency overlap. The cooperating state agencies may provide by
8agreement for the manner of sharing expenses and responsibilities under this
9section.
SB123, s. 2
10Section
2. 23.22 (3) (c) of the statutes is amended to read:
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23.22
(3) (c) The council shall make recommendations to the department on the
12establishment of a procedure for awarding cost-sharing grants under sub. (2) (c) to
13public and private entities for up to
50% 75 percent of the costs of eligible projects
14to control invasive species. The recommendations shall contain criteria for
15determining eligibility for these grants and for determining which applicants should
16be awarded the grants.
SB123, s. 3
17Section
3. 23.22 (5m) of the statutes is created to read:
SB123,5,2018
23.22
(5m) Compliance investigation. (a) For the purpose of administering
19and enforcing this section, a warden or a representative of the department, upon
20presentation of his or her identification, may do any of the following:
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1. Enter at any reasonable time any premises, building, or structure, other
22than a dwelling, that is publicly owned or operated or where a commercial enterprise
23is conducted, and where any of the following occur:
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a. An invasive species is stored, processed, or held.
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b. Records or reports relating to invasive species are kept.
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1c. Vehicles, boats, equipment, or materials used to transport or hold invasive
2species are located.
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d. Activities related to invasive species are conducted.
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2. Inspect invasive species stored or possessed by any person.
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3. Inspect records or reports relating to invasive species.
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4. Take reasonable diagnostic samples for biological examination.
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5. Seize and destroy any invasive species possessed or transported in violation
8of this section or s. 23.235, 23.24, or 30.07 or any rule promulgated or permit or order
9issued under this section or s. 23.235, 23.24, or 30.07.
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6. Enter any vehicle, boat, or equipment used to transport or hold invasive
11species.
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(b) No person may do any of the following:
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1. Prohibit the department from gaining access to, or conducting an inspection
14of, any place the department is authorized to inspect under this subsection.
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2. Fail to promptly provide records to the department that the person is
16required to produce under this subsection.
SB123, s. 4
17Section
4. 23.22 (6) (b) of the statutes is amended to read:
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23.22
(6) (b) The department shall submit the biennial report under par. (a)
19before
July October 1 of each even-numbered year.
The first biennial report shall
20be submitted no later than July 1, 2004. Each report shall cover the 24-month period
21ending on the
March 31 June 30 that immediately precedes the date of the report.
SB123, s. 5
22Section
5. 23.22 (6) (c) of the statutes is amended to read:
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23.22
(6) (c) In addition to the report required under par. (a), the department
24shall submit an interim performance report to the legislature under s. 13.172 (2), and
25to the governor and the council, on the progress that has been made on the control
1of invasive species. The department shall submit this interim performance report
2before
July October 1 of each odd-numbered year.
The first interim performance
3report shall be submitted no later than July 1, 2005. Each interim performance
4report shall cover the 12-month period ending on the
March 31 June 30 that
5immediately precedes the date of the interim performance report.
SB123, s. 6
6Section
6. 23.225 of the statutes is repealed.
SB123, s. 7
7Section
7. 23.2355 of the statutes is created to read:
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823.2355 Weed management grants. The department, in consultation with
9the department of agriculture, trade and consumer protection, shall promulgate
10rules that authorize the department, in consultation with the department of
11agriculture, trade and consumer protection, to provide funds received from the
12federal government under
7 USC 7782 to eligible recipients for the control or
13eradication of noxious weeds. The rules shall authorize the department and the
14department of agriculture, trade and consumer protection to use the funds received
15from the federal government to provide technical assistance and to make grants to
16eligible recipients to control or eradicate noxious weeds.
SB123, s. 8
17Section
8. 23.245 of the statutes is repealed.
SB123, s. 9
18Section
9. 30.07 of the statutes is created to read:
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1930.07 Transportation of aquatic plants and animals; placement of
20objects in navigable waters. (1) In this section:
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(a) "Aquatic animal" means any animal that lives or grows only in water during
22any life state and includes that animal's eggs, larvae, or young.
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(b) "Aquatic plant" means a submergent, emergent, floating-leaf, or free-
24floating plant or any part thereof. "Aquatic plant" does not mean wild rice.
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1(c) "Highway" has the meaning given in s. 340.01 (22), except that it does not
2include public boat access sites or parking areas for public boat access sites.
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(d) "Law enforcement officer" has the meaning given in s. 30.50 (4s).
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(e) "Local governmental unit" means a city, village, town, or county; a special
5purpose district in this state; an agency or corporation of a city, village, town, county,
6or special purpose district; or a combination or subunit of any of the foregoing.
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(f) "Public boat access site" means a site that provides access to a navigable
8water for boats and that is open to the general public for free or for a charge or that
9is open only to certain groups of persons for a charge.
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(g) "Vehicle" has the meaning given in s. 340.01 (74).
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11(2) (a) No person may place or operate a vehicle, seaplane, watercraft, or other
12object of any kind in a navigable water if it has any aquatic plants or aquatic animals
13attached. This paragraph does not require a person to remove aquatic plants or
14aquatic animals from a vehicle, seaplane, watercraft, or other object during the
15period of time when the vehicle, seaplane, watercraft, or other object is being
16operated in the same navigable body of water in which the aquatic plants or aquatic
17animals became attached.
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(b) No person may take off with a seaplane, or transport or operate a vehicle,
19watercraft, or other object of any kind on a highway with aquatic plants or aquatic
20animals attached.
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21(3) A law enforcement officer who has reason to believe that a person is in
22violation of sub. (2) may order the person to do any of the following: