Amendment AA1-ASA1-SB55

SB55-ASA1-AA1, s. 2853h Section 2853h. 160.001 (7) of the statutes is amended to read:

SB55-ASA1-AA1,983,4 160.001 (7) A regulatory agency may take any actions within the context of regulatory programs established in statutes outside of this chapter, if those actions are necessary to protect public health and welfare or prevent a significant damaging effect on groundwater or surface water quality for present or future consumptive or nonconsumptive uses, whether or not an enforcement standard and preventive action limit for a substance has been adopted under this chapter. Nothing in this chapter requires the department of health and family services or the department of natural resources environmental management to establish an enforcement standard for a substance if a federal number or state drinking water standard has not been adopted for the substance and if there is not sufficient scientific information to establish the standard.

SB55-ASA1-AA1, s. 2853i Section 2853i. 160.01 (1) of the statutes is amended to read:

SB55-ASA1-AA1,983,7 160.01 (1) "Department", " Department," when used without qualification, means the department of natural resources environmental management.

SB55-ASA1-AA1, s. 2853j Section 2853j. 160.01 (7) of the statutes is amended to read:

SB55-ASA1-AA1,983,15 160.01 (7) "Regulatory agency" means the department of agriculture, trade and consumer protection, the department of commerce, the department of environmental management, the department of transportation, the department of natural resources fish, wildlife, parks, and forestry and other state agencies which that regulate activities, facilities, or practices which that are related to substances which that have been detected in or have a reasonable probability of entering the groundwater resources of the state.

SB55-ASA1-AA1, s. 2853L Section 2853L. 160.07 (5) of the statutes is amended to read:

SB55-ASA1-AA1,983,22 160.07 (5) Within 9 months after transmitting the name of a substance to the department of health and family services under sub. (2), the department of natural resources environmental management shall propose rules establishing the recommendation of the department of health and family services as the enforcement standard for that substance and publish the notice required under s. 227.16 (2) (e), 227.17, or 227.24 (3).

SB55-ASA1-AA1, s. 2853n Section 2853n. 160.07 (6) of the statutes is amended to read:

SB55-ASA1-AA1,984,3 160.07 (6) If a federal number is established or changed for a substance after an enforcement standard is recommended by the department of health and family services, and if any person or regulatory agency submits a request, the department of natural resources environmental management shall determine whether the enforcement standard needs revision based on recommendations under sub. (4).

SB55-ASA1-AA1, s. 2853q Section 2853q. 160.13 (2) (b) 4. of the statutes is amended to read:

SB55-ASA1-AA1,984,17 160.13 (2) (b) 4. If no acceptable daily intake or equivalent value for an oncogen is established by the federal environmental protection agency, or if an acceptable daily intake is established but oncogenic potential at the established acceptable daily intake presents an unacceptable probability of risk, the department shall provide the department of natural resources environmental management with an evaluation of the oncogenic potential of the substance. This evaluation of oncogenic potential shall indicate an acceptable daily intake for the substance which, if ingested daily over an entire human lifetime, appears to present an acceptable probability of risk which that is presumed to be a risk level equal to a ratio of one to 1,000,000. A risk level equal to a ratio of one to 1,000,000 is the expectation that no more than one excess death will occur in a population of 1,000,000 over a 70-year period. The department shall base the evaluation of oncogenic potential on a review of the most recent and scientifically valid information available.".

SB55-ASA1-AA1,984,18 1502. Page 959, line 1: delete lines 1 to 7.

SB55-ASA1-AA1,984,19 1503. Page 959, line 7: after that line insert:

SB55-ASA1-AA1,984,20 " Section 2854w. 165.25 (4) (a) of the statutes is amended to read:

SB55-ASA1-AA1,985,3 165.25 (4) (a) The department of justice shall furnish all legal services required by the investment board, the lottery division in the department of revenue, the public service commission, the department of transportation, the department of natural resources, the department of environmental management, the department of tourism and the department of employee trust funds, together with any other services, including stenographic and investigational, as are necessarily connected with the legal work.".

SB55-ASA1-AA1,985,4 1504. Page 959, line 9: delete lines 9 and 10 and substitute:

SB55-ASA1-AA1,985,8 "165.25 (4) (ar) The At the request of the department of agriculture, trade and consumer protection, the department of justice shall may furnish all legal services required by to the department of agriculture, trade and consumer protection relating".

SB55-ASA1-AA1,985,9 1505. Page 959, line 14: after that line insert:

SB55-ASA1-AA1,985,11 " Section 2856b. 165.25 (4) (ar) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

SB55-ASA1-AA1,985,17 165.25 (4) (ar) The department of justice shall furnish all legal services required by the department of agriculture, trade and consumer protection relating to the enforcement of ss. 100.171, 100.173, 100.174, 100.175, 100.177, 100.18, 100.182, 100.20, 100.205, 100.207, 100.209, 100.21, 100.28, 100.37, 100.42, 100.50 and 100.51 and chs. 126, 136, 344, 704, 707, and 779, together with any other services as are necessarily connected to the legal services.".

SB55-ASA1-AA1,985,18 1506. Page 959, line 14: after that line insert:

SB55-ASA1-AA1,985,19 " Section 2856c. 165.25 (6) (e) of the statutes is amended to read:

SB55-ASA1-AA1,986,8 165.25 (6) (e) The department of justice may appear for and defend the state or any state department, agency, official or employee in any civil action arising out of or relating to the assessment or collection of costs concerning environmental cleanup or natural resources damages including actions brought under 42 USC 9607. The action may be compromised and settled in the same manner as provided in par. (a). At the request of the department of natural resources environmental management, the department of justice may provide legal representation to the state or to the department of natural resources environmental management in the same matter in which the department of justice provides defense counsel, if the attorneys representing those interests are assigned from different organizational units within the department of justice. This paragraph may not be construed as a consent to sue the state or any department, agency, official or employee of the state or as a waiver of sovereign immunity.".

SB55-ASA1-AA1,986,9 1507. Page 959, line 24: after that line insert:

SB55-ASA1-AA1,986,10 " Section 2857g. 165.72 (title) of the statutes is amended to read:

SB55-ASA1-AA1,986,12 165.72 (title) Controlled Dangerous weapons in public schools and controlled substances hotline and rewards for controlled substances tips.

SB55-ASA1-AA1, s. 2857h Section 2857h. 165.72 (1) (a) of the statutes is renumbered 165.72 (1) (aj).

SB55-ASA1-AA1, s. 2857i Section 2857i. 165.72 (1) (ad) of the statutes is created to read:

SB55-ASA1-AA1,986,15 165.72 (1) (ad) "Dangerous weapon" has the meaning given in s. 939.22 (10).

SB55-ASA1-AA1, s. 2857j Section 2857j. 165.72 (2) (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,986,19 165.72 (2) Hotline. (intro.) The department of justice shall maintain a single toll-free telephone number during normal retail business hours, as determined by departmental rule, for both all of the following:

SB55-ASA1-AA1, s. 2857k Section 2857k. 165.72 (2) (c) of the statutes is created to read:

SB55-ASA1-AA1,986,22 165.72 (2) (c) For persons to provide information anonymously regarding dangerous weapons in public schools.

SB55-ASA1-AA1, s. 2857L Section 2857L. 165.72 (2g) of the statutes is created to read:

SB55-ASA1-AA1,987,7 165.72 (2g) After-hours message for calls concerning dangerous weapons in public schools. If a call is made after normal retail business hours to the telephone number maintained under sub. (2), the department of justice shall provide for the call to be received by a telephone answering system or service. The telephone answering system or service shall provide a message that requests the person calling to call the telephone number "911" or a local law enforcement agency, if the person is calling to provide information regarding dangerous weapons in a public school.

SB55-ASA1-AA1, s. 2857m Section 2857m. 165.72 (2m) of the statutes is created to read:

SB55-ASA1-AA1,987,14 165.72 (2m) Transmission of information concerning dangerous weapons in public schools. Immediately upon receiving any information under sub. (2) (c) regarding dangerous weapons in a public school, or immediately at the beginning of the next retail business day if the information is not received during normal retail business hours, the department of justice shall provide the information to all of the following:

SB55-ASA1-AA1,987,15 (a) The administration of the public school.

SB55-ASA1-AA1,987,17 (b) The appropriate law enforcement agency, as defined in s. 165.83 (1) (b), for the municipality in which the public school is located.".

SB55-ASA1-AA1,987,18 1508. Page 960, line 10: after that line insert:

SB55-ASA1-AA1,987,19 " Section 2858p. 165.85 (4) (b) 1. of the statutes is amended to read:

SB55-ASA1-AA1,989,6 165.85 (4) (b) 1. No person may be appointed as a law enforcement or tribal law enforcement officer, except on a temporary or probationary basis, unless the person has satisfactorily completed a preparatory program of law enforcement training approved by the board and has been certified by the board as being qualified to be a law enforcement or tribal law enforcement officer. The program shall include 400 hours of training, except the program for law enforcement officers who serve as rangers for the department of natural resources fish, wildlife, parks, and forestry includes 240 hours of training. The board shall promulgate a rule under ch. 227 providing a specific curriculum for a 400-hour conventional program and a 240-hour ranger program. The rule shall ensure that there is an adequate amount of training for each program to enable the person to deal effectively with domestic abuse incidents. The training under this subdivision shall include training on emergency detention standards and procedures under s. 51.15, emergency protective placement standards and procedures under s. 55.06 (11) and information on mental health and developmental disabilities agencies and other resources that may be available to assist the officer in interpreting the emergency detention and emergency protective placement standards, making emergency detentions and emergency protective placements and locating appropriate facilities for the emergency detentions and emergency protective placements of persons. The training under this subdivision shall include training on police pursuit standards, guidelines and driving techniques established under par. (cm) 2. b. The period of temporary or probationary employment established at the time of initial employment shall not be extended by more than one year for an officer lacking the training qualifications required by the board. The total period during which a person may serve as a law enforcement and tribal law enforcement officer on a temporary or probationary basis without completing a preparatory program of law enforcement training approved by the board shall not exceed 2 years, except that the board shall permit part-time law enforcement and tribal law enforcement officers to serve on a temporary or probationary basis without completing a program of law enforcement training approved by the board to a period not exceeding 3 years. For purposes of this section, a part-time law enforcement or tribal law enforcement officer is a law enforcement or tribal law enforcement officer who routinely works not more than one-half the normal annual work hours of a full-time employee of the employing agency or unit of government. Law enforcement training programs including municipal, county and state programs meeting standards of the board are acceptable as meeting these training requirements.".

SB55-ASA1-AA1,989,7 1509. Page 960, line 10: after that line insert:

SB55-ASA1-AA1,989,8 " Section 2858p. 165.85 (4) (b) 1. of the statutes is amended to read:

SB55-ASA1-AA1,990,21 165.85 (4) (b) 1. No person may be appointed as a law enforcement or tribal law enforcement officer, except on a temporary or probationary basis, unless the person has satisfactorily completed a preparatory program of law enforcement training approved by the board and has been certified by the board as being qualified to be a law enforcement or tribal law enforcement officer. The program shall include 400 hours of training, except the program for law enforcement officers who serve as rangers for the department of natural resources includes 240 hours of training. The board shall promulgate a rule under ch. 227 providing a specific curriculum for a 400-hour conventional program and a 240-hour ranger program. The rule shall ensure that there is an adequate amount of training for each program to enable the person to deal effectively with domestic abuse incidents, including training that addresses the emotional and psychological effect that domestic abuse has on victims. The training under this subdivision shall include training on emergency detention standards and procedures under s. 51.15, emergency protective placement standards and procedures under s. 55.06 (11), and information on mental health and developmental disabilities agencies and other resources that may be available to assist the officer in interpreting the emergency detention and emergency protective placement standards, making emergency detentions and emergency protective placements, and locating appropriate facilities for the emergency detentions and emergency protective placements of persons. The training under this subdivision shall include training on police pursuit standards, guidelines, and driving techniques established under par. (cm) 2. b. The period of temporary or probationary employment established at the time of initial employment shall not be extended by more than one year for an officer lacking the training qualifications required by the board. The total period during which a person may serve as a law enforcement and tribal law enforcement officer on a temporary or probationary basis without completing a preparatory program of law enforcement training approved by the board shall not exceed 2 years, except that the board shall permit part-time law enforcement and tribal law enforcement officers to serve on a temporary or probationary basis without completing a program of law enforcement training approved by the board to a period not exceeding 3 years. For purposes of this section, a part-time law enforcement or tribal law enforcement officer is a law enforcement or tribal law enforcement officer who routinely works not more than one-half the normal annual work hours of a full-time employee of the employing agency or unit of government. Law enforcement training programs including municipal, county, and state programs meeting standards of the board are acceptable as meeting these training requirements.".

SB55-ASA1-AA1,990,22 1510. Page 960, line 10: after that line insert:

SB55-ASA1-AA1,990,23 " Section 2861g. 166.03 (1) (b) 7. of the statutes is repealed.

SB55-ASA1-AA1, s. 2861m Section 2861m. 166.03 (2) (b) 9. of the statutes is repealed.".

SB55-ASA1-AA1,991,1 1511. Page 961, line 11: after that line insert:

SB55-ASA1-AA1,991,3 " Section 2867d. 166.20 (4) (title) and (intro.) of the statutes are amended to read:

SB55-ASA1-AA1,991,6 166.20 (4) (title) Duties of the department of natural resources environmental management. (intro.) The department of natural resources environmental quality shall:

SB55-ASA1-AA1, s. 2867f Section 2867f. 166.20 (4) (b) of the statutes is amended to read:

SB55-ASA1-AA1,991,15 166.20 (4) (b) Have the same powers and duties at the time of a release of a hazardous substance as are given to it under s. 292.11, including the investigation of releases of hazardous substances, the repair of any environmental damage which results from the release and the recovery of costs from responsible parties. The department of natural resources environmental management may also, at the time of a release of a hazardous substance, identify and recommend to the division and the committee measures to lessen or mitigate anticipated environmental damage resulting from the release.

SB55-ASA1-AA1, s. 2867h Section 2867h. 166.20 (5) (a) 2. of the statutes is amended to read:

SB55-ASA1-AA1,991,22 166.20 (5) (a) 2. All facilities in this state covered under 42 USC 11004 shall comply with the notification requirements of 42 USC 11004. Notification of the department of natural resources environmental management of the discharge of a hazardous substance under s. 292.11 (2) shall constitute the notification of the division required under 42 USC 11004 if the notification contains the information specified in 42 USC 11004 (b) (2) or (c).

SB55-ASA1-AA1, s. 2867j Section 2867j. 166.20 (5) (a) 4. (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,992,4 166.20 (5) (a) 4. (intro.) The following facilities shall comply with the toxic chemical release form requirements under 42 USC 11023 and shall submit copies of all toxic chemical release forms to the department of natural resources environmental management:".

SB55-ASA1-AA1,992,5 1512. Page 963, line 18: after that line insert:

SB55-ASA1-AA1,992,7 " Section 2877b. 166.22 (3) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

SB55-ASA1-AA1,992,16 166.22 (3) If action required under sub. (2) is not being adequately taken or the identity of the person responsible for an emergency involving a release or potential release of a hazardous substance is unknown and the emergency involving a release or potential release threatens public health or safety or damage to property, a local agency may take any emergency action that is consistent with the contingency plan for the undertaking of emergency actions in response to the release or potential release of hazardous substances established by the department of natural resources environmental management under s. 292.11 (5) and that it considers appropriate under the circumstances.".

SB55-ASA1-AA1,992,17 1513. Page 965, line 4: after that line insert:

SB55-ASA1-AA1,992,18 " Section 2881ad. 167.10 (3) (b) 3. of the statutes is amended to read:

SB55-ASA1-AA1,992,20 167.10 (3) (b) 3. The disposal of hazardous substances in accordance with rules adopted by the department of natural resources environmental management.

SB55-ASA1-AA1, s. 2881ah Section 2881ah. 167.31 (4m) of the statutes is amended to read:

SB55-ASA1-AA1,993,6 167.31 (4m) Rules. The department of natural resources fish, wildlife, parks, and forestry may further restrict hunting from stationary vehicles on county or town highways by promulgating rules designating certain county and town highways, or portions thereof, upon which a holder of a Class A or Class B permit issued under s. 29.193 (2) may not discharge a firearm or shoot a bolt or an arrow from a bow or crossbow under sub. (4) (cg). For each restriction of hunting from a county or town highway contained in a rule to be promulgated under this subsection, the department shall submit a specific justification for the restriction with the rule submitted to legislative council staff for review under s. 227.15 (1).

SB55-ASA1-AA1, s. 2881ai Section 2881ai. 167.31 (5) (d) of the statutes is amended to read:

SB55-ASA1-AA1,993,12 167.31 (5) (d) The clerk of the circuit court shall collect and transmit to the county treasurer the weapons assessment as required under s. 59.40 (2) (m). The county treasurer shall then pay the state treasurer as provided in s. 59.25 (3) (f) 2. The state treasurer shall deposit all amounts received under this paragraph in into the conservation fund to be appropriated under s. 20.370 (3) (mu) (1) (pu).

SB55-ASA1-AA1, s. 2881aL Section 2881aL. 170.12 (4) (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,993,20 170.12 (4) Review by other agencies. (intro.) Upon receipt of an application under sub. (3), the board shall immediately transmit copies of the application to the department of natural resources fish, wildlife, parks, and forestry, the department of environmental management, and to the historical society for review. The department of natural resources and the historical society shall, as appropriate, within 30 days after their receipt of the application, notify the board whether any of the following apply:

SB55-ASA1-AA1, s. 2881am Section 2881am. 170.12 (4) (c) of the statutes is amended to read:

SB55-ASA1-AA1,994,2 170.12 (4) (c) The proposed project may affect public rights in navigable waters. The department of natural resources fish, wildlife, parks, and forestry, and the department of environmental management shall recommend to the board requirements and conditions to be attached to the permit which shall protect those rights.

SB55-ASA1-AA1, s. 2881ap Section 2881ap. 170.12 (5) of the statutes is amended to read:

SB55-ASA1-AA1,994,7 170.12 (5) Reservation of value. The state reserves to itself 30% of the stumpage value, established by the department of natural resources fish, wildlife, parks, and forestry by rule promulgated under s. 77.91 (1), of any log raised pursuant to a permit issued under this section.".

SB55-ASA1-AA1,994,8 1514. Page 972, line 7: after that line insert:

SB55-ASA1-AA1,994,9 " Section 2882f. 175.35 (2i) of the statutes is amended to read:

SB55-ASA1-AA1,994,15 175.35 (2i) The department shall may not charge a firearms dealer an $8 fee for each a firearms restrictions record search that the firearms dealer requests requested under sub. (2) (c). The firearms dealer may collect the fee from the transferee. The department may refuse to conduct firearms restrictions record searches for any firearms dealer who fails to pay any fee under this subsection within 30 days after billing by the department.

SB55-ASA1-AA1, s. 2882g Section 2882g. 175.35 (2L) of the statutes is renumbered 175.35 (2L) (a) and amended to read:

SB55-ASA1-AA1,994,24 175.35 (2L) (a) The department of justice shall promulgate rules providing for the review of nonapprovals under sub. (2g) (c) 4. a. and for the correction of inaccurate information under par. (b). Any person who is denied the right to purchase a handgun because the firearms dealer received a nonapproval number under sub. (2g) (c) 4. a. may request a firearms restrictions record search review under those rules. If the person disagrees with the results of that review, the person may file an appeal under rules promulgated by the department.

SB55-ASA1-AA1, s. 2882h Section 2882h. 175.35 (2L) (b) of the statutes is created to read:

SB55-ASA1-AA1,995,6 175.35 (2L) (b) If, upon review or appeal under par. (a), the department of justice determines that a person was incorrectly denied approval under sub. (2g) (c) 4. a. based on incorrect information in a criminal history record or incorrect information received in a firearms restrictions record search, the department of justice shall immediately do all of the following:

SB55-ASA1-AA1,995,8 1. Update any relevant department of justice records to reflect the correct information.

SB55-ASA1-AA1,995,11 2. Notify the agency that provided the incorrect information to the department of justice that the information provided is incorrect and request that the agency update its records to reflect the correct information.

SB55-ASA1-AA1,995,14 3. Notify any agency or person to which the department of justice provided notice of the nonapproval under sub. (2g) (c) 4. a. that the nonapproval was based on incorrect information and that it has been reversed.".

SB55-ASA1-AA1,995,15 1515. Page 983, line 3: after that line insert:

SB55-ASA1-AA1,995,16 " Section 2917c. 180.0121 (1) (a) 4. of the statutes is created to read:

SB55-ASA1-AA1,995,18 180.0121 (1) (a) 4. An application for a certificate of conversion under s. 180.1161 (5).

SB55-ASA1-AA1, s. 2917r Section 2917r. 180.0122 (1) (yr) of the statutes is created to read:

SB55-ASA1-AA1,995,20 180.0122 (1) (yr) A certificate of conversion, $150.".