1995 Wisconsin Act 27

27,4415c Section 4415c. 159.17 of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed.

27,4415d Section 4415d. 159.17 (1) (d) of the statutes is amended to read:

159.17 (1) (d) “Waste tire" has the meaning given under s. 84.078 (1) (b) 144.449 (1) (c).

27,4428s Section 4428s. 159.23 (5) (b) of the statutes is created to read:

159.23 (5) (b) Beginning with grants for 1996, for a unit of government other than a county that is the responsible unit for at least 75% of the population of a county, $100,000 or the amount determined under par. (c), whichever is greater.

27,4429 Section 4429 . 159.23 (5m) of the statutes is amended to read:

159.23 (5m) Alternate process. The department shall establish, by rule, a process for distributing grants if the amount that would be awarded under sub. (5) or (5e) exceeds the amount of funds available under s. 20.370 (4) (cw) (6) (bq).

27,4430 Section 4430 . 159.23 (5s) (a) of the statutes is amended to read:

159.23 (5s) (a) Beginning with grants for 1994, the department shall annually allocate 10% of the funds appropriated under s. 20.370 (4) (cw) (6) (bq) for supplemental grants under this subsection.

27,4431 Section 4431 . 159.25 (5) (a) of the statutes is amended to read:

159.25 (5) (a) The department may enter into agreements with eligible applicants to make demonstration grants from the appropriation under s. 20.370 (4) (ct) (6) (br).

27,4432d Section 4432d. 159.40 (4) of the statutes is created to read:

159.40 (4) “Waste generator" means a person who generates solid waste that contains a material specified by the board under s. 159.42 (5) or a responsible unit.

27,4432f Section 4432f. 159.41 of the statutes is created to read:

159.41 Strategic plan. (1) The board shall prepare a strategic plan to guide the development and implementation of the board's powers and duties. The board shall consult with the department of natural resources, the department of development, the University of Wisconsin-Extension and other interested persons in the development of the plan. The plan shall include all of the following components:

(a) Identification of priority recovered materials that will be the focus of market development efforts by the board.

(b) For each priority recovered material identified under par. (a), identification of one or more appropriate, measurable goals for the board's market development efforts and identification of the technical and financial assistance and research, demonstration, education, marketing and policy development necessary to achieve the goal.

(2) The board shall review the strategic plan at least annually and shall revise the plan as it determines is appropriate.

(3) The board shall submit quarterly progress reports to the appropriate standing committees of the legislature, as determined by the presiding officer of each house, under s. 13.172 (3), describing the board's progress in implementing the strategic plan and how the board's technical assistance, financial assistance and other activities conform to the strategic plan.

27,4432h Section 4432h. 159.42 (1) (intro.) of the statutes is amended to read:

159.42 (1) (intro.) Promote the development of sustainable, high-value markets for recovered materials on behalf of, and in cooperation with, waste generators and promote the orderly and efficient marketing of recovered materials by responsible units waste generators to do all of the following:

27,4432j Section 4432j. 159.42 (2) (e) of the statutes is amended to read:

159.42 (2) (e) Address other common problems faced by responsible units waste generators in marketing these recovered materials.

27,4432m Section 4432m. 159.42 (2e) of the statutes is created to read:

159.42 (2e) Educate waste generators on their role and responsibility in the development of markets for recovered materials and the marketing of recovered materials, in cooperation with business entities, and on the value of cooperative marketing and market development efforts among waste generators.

27,4432p Section 4432p. 159.42 (2m) of the statutes is created to read:

159.42 (2m) Provide information about the board's activities to waste generators; solid waste scrap brokers, dealers and processors; business entities that use or could use recovered materials or that produce or could produce products from recovered materials and persons who provide support to those business entities; and the general public.

27,4432r Section 4432r. 159.42 (2s) of the statutes is created to read:

159.42 (2s) Contract with the University of Wisconsin-Extension for administrative staff services, including support in recruiting program staff.

27,4432t Section 4432t. 159.42 (4) of the statutes is renumbered 159.49 and amended to read:

159.49 (title) Study of future of board. Conduct The University of Wisconsin-Extension shall conduct a study of the feasibility and desirability of transferring the powers and duties of the board to a business entity and, no. The University of Wisconsin-Extension shall consult with the department of natural resources, the department of development, the board and other interested parties in conducting the study. The University of Wisconsin-Extension shall, no later than May 30 October 1, 1996, submit a report on the results of the study to the governor, and to the legislature under s. 13.172 (2). If the report concludes that the board should continue to exist and that its powers and duties should not be transferred to a business entity, the report shall recommend to which agency the board should be attached.

27,4434g Section 4434g. 159.44 (4) of the statutes is amended to read:

159.44 (4) Establish In cooperation with the University of Wisconsin-Extension, establish appropriate technical assistance and educational programs for responsible units and other waste generators; governmental entities; solid waste scrap brokers, dealers and processors; business entities that use or could use recovered materials or that produce or could produce products from recovered materials and persons who provide support services to those business entities; and the general public.

27,4434r Section 4434r. 159.46 (1) of the statutes is amended to read:

159.46 (1) The board may provide financial assistance, directly or in cooperation with another person, to a governmental entity or a business entity to assist responsible units waste generators in the marketing of recovered materials or to develop markets for recovered materials. Forms of financial assistance provided by the board, and by a recipient of financial assistance from the board, may include grants, loans and manufacturing rebates.

27,4435 Section 4435 . 159.46 (3) of the statutes is amended to read:

159.46 (3) If the board awards assistance under sub. (1) that results in a loan being made by the recipient to another person, the board may direct that the repayments of the loan's principal and any interest either be repaid to the recipient for use in a revolving loan fund or returned to the board. The board shall credit any funds received under this subsection to the appropriation under s. 20.505 (4) 20.285 (1) (L).

27,4435d Section 4435d. 159.46 (3) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

159.46 (3) If the board awards assistance under sub. (1) that results in a loan being made by the recipient to another person, the board may direct that the repayments of the loan's principal and any interest either be repaid to the recipient for use in a revolving loan fund or returned to the board. The board shall credit any funds received under this subsection to the appropriation under s. 20.285 20.143 (1) (L).

27,4436 Section 4436 . 159.46 (4) of the statutes is amended to read:

159.46 (4) In any biennium, the board may not expend more than 10% of the amount appropriated under s. 20.505 (4) (t) 20.285 (1) (t) for that biennium for contracts with and financial assistance to responsible units and other local units of government.

27,4436d Section 4436d. 159.46 (4) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

159.46 (4) In any biennium, the board may not expend more than 10% of the amount appropriated under s. 20.285 (1) (t) 20.143 (1) (tm) for that biennium for contracts with and financial assistance to responsible units and other local units of government.

27,4437b Section 4437b. 159.48 (title) of the statutes is amended to read:

159.48 (title) Executive director and other staff for the board.

27,4438b Section 4438b. 159.48 (1) of the statutes is renumbered 159.48.

27,4439 Section 4439 . 159.48 (2) of the statutes is repealed.

27,4440b Section 4440b. 159.48 (3) of the statutes is repealed.

27,4441 Section 4441 . 160.01 (7) of the statutes is amended to read:

160.01 (7) “Regulatory agency" means the department of agriculture, trade and consumer protection, the department of industry, labor and human relations development, the department of transportation, the department of natural resources and other state agencies which regulate activities, facilities or practices which are related to substances which have been detected in or have a reasonable probability of entering the groundwater resources of the state.

27,4441c Section 4441c. 160.255 of the statutes is created to read:

160.255 Exceptions for private sewage systems. (1) In this section, “private sewage system" has the meaning given in s. 145.01 (12).

(2) Notwithstanding s. 160.19 (1), (2) and (4) (b), a regulatory agency is not required to promulgate or amend rules that define design or management criteria for private sewage systems to minimize the amount of nitrate in groundwater or to maintain compliance with the preventive action limit for nitrate.

(3) Notwithstanding s. 160.19 (3), a regulatory agency may promulgate rules that define design or management criteria for private sewage systems that permit the enforcement standard for nitrate to be attained or exceeded at the point of standards application.

(4) Notwithstanding s. 160.21, a regulatory agency is not required to promulgate rules that set forth responses that the agency may take, or require to be taken, when the preventive action limit or enforcement standard for nitrate is attained or exceeded at the point of standards application if the source of the nitrate is a private sewage system.

(5) Notwithstanding ss. 160.23 and 160.25, a regulatory agency is not required to take any responses for a specific site at which the preventive action limit or enforcement standard for nitrate is attained or exceeded at the point of standards application if the source of the nitrate is a private sewage system.

27,4442 Section 4442 . 161.455 (1) of the statutes is amended to read:

161.455 (1) Any person who has attained the age of 18 17 years who knowingly solicits, hires, directs, employs or uses a person who has not attained the age of 18 years is 17 years of age or under for the purpose of violating s. 161.41 (1) may be fined not more than $50,000 or imprisoned for not more than 10 years or both.

27,4443 Section 4443 . 161.46 (1) of the statutes is amended to read:

161.46 (1) Except as provided in sub. (3), any person 18 17 years of age or over who violates s. 161.41 (1) by distributing a controlled substance listed in schedule I or II which is a narcotic drug to a person under 18 17 years of age or under who is at least 3 years his or her junior is punishable by the fine authorized by s. 161.41 (1) (a) or a term of imprisonment of up to twice that authorized by s. 161.41 (1) (a), or both.

27,4444 Section 4444 . 161.46 (2) of the statutes is amended to read:

161.46 (2) Except as provided in sub. (3), any person 18 17 years of age or over who violates s. 161.41 (1) by distributing any other controlled substance listed in schedule I, II, III, IV or V to a person under 18 17 years of age or under who is at least 3 years his or her junior is punishable by the fine authorized by s. 161.41 (1) (b), (i) or (j) or a term of imprisonment of up to twice that authorized by s. 161.41 (1) (b), (i) or (j) or both.

27,4445 Section 4445 . 161.46 (3) of the statutes is amended to read:

161.46 (3) If any person 18 17 years of age or over violates s. 161.41 (1) (cm), (d), (e), (f), (g) or (h) by distributing a controlled substance included under s. 161.14 (7) (L) or 161.16 (2) (b), heroin, phencyclidine, lysergic acid diethylamide, psilocin, psilocybin, amphetamine, methamphetamine or any form of tetrahydrocannabinols to a person under 18 17 years of age or under who is at least 3 years his or her junior, any applicable minimum and maximum fines and minimum and maximum periods of imprisonment under s. 161.41 (1) (cm), (d), (e), (f), (g) or (h) are doubled.

27,4446 Section 4446 . 161.573 (2) of the statutes is amended to read:

161.573 (2) Any person who violates this section who is under 18 17 years of age is subject to a disposition under s. 48.344 (2e).

27,4447 Section 4447 . 161.574 (2) of the statutes is amended to read:

161.574 (2) Any person who violates this section who is under 18 17 years of age is subject to a disposition under s. 48.344 (2e).

27,4448 Section 4448 . 161.575 (1) of the statutes is amended to read:

161.575 (1) Any person 18 17 years of age or over who violates s. 161.574 by delivering drug paraphernalia to a person under 18 17 years of age or under who is at least 3 years younger than the violator may be fined not more than $10,000 or imprisoned for not more than 9 months or both.

27,4449 Section 4449 . 161.575 (2) of the statutes is amended to read:

161.575 (2) Any person who violates this section who is under 18 17 years of age is subject to a disposition under s. 48.344 (2e).

27,4450b Section 4450b. 165.07 (title) of the statutes is renumbered 23.39 (title) and amended to read:

23.39 (title) Assistant attorney general—public Public intervenor.

27,4450c Section 4450c. 165.07 of the statutes is renumbered 23.39 (1) and amended to read:

23.39 (1) The attorney general secretary shall designate an assistant attorney general on in the attorney general's staff department as public intervenor. Written notices of all administrative proceedings under chs. 30, 31, 144 and 147 shall be given to the public intervenor and to the administrators of divisions primarily assigned the departmental functions under chs. 29 and 144 by the agency head responsible for such proceedings. A copy of such notice shall also be given to the natural areas preservation council.

(2) (a) The With the approval of the public intervenor board the public intervenor shall formally intervene in such administrative proceedings when requested to do so by an administrator of a division primarily assigned the departmental functions under ch. 29 or 144. The With the approval of the public intervenor board, the public intervenor may, on the public intervenor's own initiative or upon request of any committee of the legislature, formally intervene in all such administrative proceedings where such intervention is needed for the protection of “public rights" in water and other natural resources, as provided in chs. 30 and 31 and defined by the supreme court.

(3) Personnel of the department of natural resources shall, upon the request of the public intervenor , make such investigations, studies and reports as the public intervenor may request in connection with such administrative proceedings, either before or after formal intervention. Personnel of state agencies shall at the public intervenor's request provide information, serve as witnesses in such proceedings and otherwise cooperate in the carrying out of the public intervenor's intervention functions. Formal intervention shall be by filing a statement to that effect with the examiner or other person immediately in charge of the proceeding. Thereupon the public intervenor shall be deemed a party in interest with full power to present evidence, subpoena and cross-examine witnesses, submit proof, file briefs or do any other acts appropriate for a party to the proceedings.

(4) The public intervenor may not appeal from administrative rulings to the courts and in. In all administrative proceedings and judicial review proceedings the public intervenor shall be identified as “public intervenor". This section does not preclude or prevent any division of the department of natural resources, or any other department or independent agency from appearing by its staff as a party in such administrative proceedings.

27,4450d Section 4450d. 165.075 (title) of the statutes is repealed.

27,4450f Section 4450f. 165.075 of the statutes is renumbered 23.39 (2) (b) and amended to read:

23.39 (2) (b) In carrying out his or her duty to protect public rights in water and other natural resources, as defined by law under s. 165.07, with the approval of the public intervenor board the public intervenor has the authority to initiate actions and proceedings before any agency or court in order to raise issues, including issues concerning constitutionality, present evidence and testimony and make arguments.

27,4451m Section 4451m. 165.076 of the statutes is repealed.

27,4453 Section 4453 . 165.25 (1) of the statutes is amended to read:

165.25 (1) Represent state. Except as provided in s. 978.05 (5), appear for the state and prosecute or defend all actions and proceedings, civil or criminal, in the court of appeals and the supreme court, in which the state is interested or a party, and attend to and prosecute or defend all civil cases sent or remanded to any circuit court in which the state is a party; and, if requested by the governor or either house of the legislature, appear for and represent the state, any state department, agency, official, employe or agent, whether required to appear as a party or witness in any civil or criminal matter, and prosecute or defend in any court or before any officer, any cause or matter, civil or criminal, in which the state or the people of this state may be interested. The radioactive waste review board public service commission may request under s. 36.50 196.497 (7) that the attorney general intervene in federal proceedings. All expenses of the proceedings shall be paid from the appropriation under s. 20.455 (1) (d).

27,4454b Section 4454b. 165.25 (4) (a) of the statutes is amended to read:

165.25 (4) (a) The department of justice shall furnish all legal services required by the investment board, the lottery division in the gaming commission, the public service commission, the department of transportation, the department of natural resources, the department of tourism and the department of employe trust funds, together with any other services, including stenographic and investigational, as are necessarily connected with the legal work.

27,4454c Section 4454c. 165.25 (4) (a) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

165.25 (4) (a) The department of justice shall furnish all legal services required by the investment board, the lottery division in the gaming commission department of revenue, the public service commission, the department of transportation, the department of natural resources, the department of tourism and the department of employe trust funds, together with any other services, including stenographic and investigational, as are necessarily connected with the legal work.