1995 - 1996 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
To 1995 SENATE BILL 376
January 18, 1996 - Offered by
Committee on Environment and Energy.
SB376-SSA1,1,5
1An Act to repeal 23.095 (2);
to renumber and amend 23.095 (1), 23.095 (3),
227.01 (14) (title) and 27.01 (14);
to amend 23.095 (title) and 23.79 (3); and
to
3create 23.095 (1), 23.095 (1m), 23.095 (3) (title), 23.095 (3) (b), 23.095 (3) (c),
423.095 (3) (d), 23.095 (4) and 27.067 (2) of the statutes;
relating to: damaging
5natural resources and archaeological features and providing penalties.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB376-SSA1,1,7
723.095 (title)
Malicious waste Protection of natural resources.
SB376-SSA1, s. 2
8Section
2. 23.095 (1) of the statutes is renumbered 23.095 (1g) and amended
9to read:
SB376-SSA1,1,1210
23.095
(1g) (title)
General prohibition. It is unlawful to unreasonably waste,
11injure, destroy or impair No person may damage or attempt to damage any natural
12resource within the state.
SB376-SSA1,1,1414
23.095
(1) Definitions. In this section:
SB376-SSA1,2,2
1(a) "Damage" means to commit a physical act that destroys, molests, defaces,
2removes or unreasonably wastes.
SB376-SSA1,2,33
(b) "Discharge" has the meaning given in s. 144. 76 (1) (a).
SB376-SSA1,2,44
(c) "Hazardous substance" has the meaning given in s. 144.01 (4m).
SB376-SSA1,2,96
23.095
(1m) Prohibition on department land. (a) No person may damage or
7attempt to damage any natural resource or any archaeological feature located on
8state-owned lands that are under the supervision, management and control of the
9department except as authorized by the department.
SB376-SSA1,2,1110
(b) Paragraph (a) does not apply to state-owned lands that are beds of
11navigable waters.
SB376-SSA1, s. 6
13Section
6. 23.095 (3) (title) of the statutes is created to read:
SB376-SSA1,2,1414
23.095
(3) (title)
Penalties.
SB376-SSA1, s. 7
15Section
7. 23.095 (3) of the statutes is renumbered 23.095 (3) (a) and amended
16to read:
SB376-SSA1,2,1817
23.095
(3) (a) Any person who violates
this section sub. (1g) shall forfeit not
18more than
$50 $100.
SB376-SSA1, s. 8
19Section
8. 23.095 (3) (b) of the statutes is created to read:
SB376-SSA1,2,2120
23.095
(3) (b) Except as provided in pars. (c) and (d), any person who violates
21sub. (1m) shall forfeit not more than $200.
SB376-SSA1, s. 9
22Section
9. 23.095 (3) (c) of the statutes is created to read:
SB376-SSA1,3,223
23.095
(3) (c) If a person violates sub. (1m) and the violation involves damaging
24or attempting to damage a natural resource and the violation occurs on land in a state
1natural area, as defined in s. 23.27 (1) (h), the person shall forfeit not more than
2$2,000.
SB376-SSA1,3,64
23.095
(3) (d) 1. If a person violates sub. (1m) and the violation involves
5damaging or attempting to damage an archaeological feature, the person shall forfeit
6not less than $100 nor more than $10,000.
SB376-SSA1,3,107
2. If a person violates sub. (1m) and the violation involves intentionally
8damaging or intentionally attempting to damage an archaeological feature, the
9person shall be fined not more than $10,000 or imprisoned for not more than 9
10months or both.
SB376-SSA1,3,1412
23.095
(4) Exceptions. (a) This section does not apply to any person upon
13whom liability is imposed under
42 USC 9607 (a) for injury to, destruction of or loss
14of natural resources within the state.
SB376-SSA1,3,1915
(b) If a natural resource or archaeological feature is damaged by the discharge
16of a hazardous substance, this section does not apply to the person who caused the
17discharge unless the person who caused the discharge did so with the intent to
18damage the natural resource or archaeological feature or to any other person who
19possesses or controls the hazardous substance subsequent to the discharge.
SB376-SSA1,4,221
23.79
(3) In addition to any monetary penalties, the court may order the
22defendant to perform or refrain from performing such acts as may be necessary to
23fully protect and effectuate the public interest. The court may order abatement of a
24nuisance, restoration of a natural resource,
restoration of an archaeological feature
1subject to the prohibition under s. 23.095 (1m), or other appropriate action designed
2to eliminate or minimize any environmental damage caused by the defendant.
SB376-SSA1, s. 13
3Section
13. 27.01 (14) (title) of the statutes is renumbered 27.067 (title) and
4amended to read:
SB376-SSA1,4,5
527.067 (title)
Penalties for damages in county parks.
SB376-SSA1, s. 14
6Section
14. 27.01 (14) of the statutes is renumbered 27.067 (1) and amended
7to read:
SB376-SSA1,4,138
27.067
(1) The penalties for the destruction of No person may destroy any
9notices, posted by
the department a county, or
for the breaking, tearing up or marring
10of break, tear up or mar trees, vines, shrubs or flowers,
the dislocation of dislocate 11stones or
the disfigurement of disfigure natural conditions within the boundaries of
12any
state or county
parks or state fish hatchery grounds shall be the same as those
13provided in s. 26.19 (1) park.
SB376-SSA1,4,1515
27.067
(2) Any person who violates sub. (1) shall forfeit not more than $100.
SB376-SSA1,4,18
17(1) This act first applies to offenses committed on the effective date of this
18subsection.