LRBa2979/1
RCT:med:rs
2011 - 2012 LEGISLATURE
ASSEMBLY AMENDMENT 1,
TO 2011 SENATE BILL 498
March 15, 2012 - Offered by Representative Craig.
SB498-AA1,1,11 At the locations indicated, amend the bill as follows:
SB498-AA1,1,2 21. Page 1, line 3: before that line insert:
SB498-AA1,1,3 3" Section 1. 94.01 (4) of the statutes is amended to read:
SB498-AA1,1,114 94.01 (4) The Subject to sub. (5), the department, through its authorized agents
5or inspectors, may enter at all reasonable times any property for purposes of
6inspection, investigation and control of suspected pest infestations or infections and
7may intercept, stop and detain for official inspection any person, truck, vessel,
8aircraft or other conveyance believed to be carrying plants or other materials infested
9or infected with pests, and may seize and destroy any such plants or other materials
10moved, shipped or transported in violation of any law, rule, quarantine notice or
11order.
SB498-AA1, s. 1e 12Section 1e. 94.01 (5) of the statutes is created to read:
SB498-AA1,2,5
194.01 (5) Before the department enters, under sub. (4), property that is not
2agricultural lands or agricultural business premises, the department shall seek the
3permission of the person who owns, controls, or manages the property. If the person
4does not grant permission or cannot be located, the department may not enter the
5property without an inspection warrant under s. 66.0119.
SB498-AA1, s. 1g 6Section 1g. 94.02 (1) of the statutes is amended to read:
SB498-AA1,2,187 94.02 (1) If the department finds any agricultural lands or agricultural
8business
premises, or any plants, plant parts, or pest-harboring materials located
9thereon are so infested or infected with injurious pests as to constitute a hazard to
10plant or animal life in the state, or any area thereof, it may notify the owner or person
11having charge of such premises to that effect, and the owner or person in charge shall,
12within 10 days after such notice, cause the treatment of the premises or the
13treatment or removal and destruction of infested or infected plants, host plants or
14other pest-harboring material as directed in the notice. No person may violate the
15terms of any notice received under this subsection, nor may any damages be awarded
16to the owner for such treatment, removal or destruction. Any person affected by a
17notice or order may appeal to the department and request a hearing under s. 94.01
18(2).
SB498-AA1, s. 1h 19Section 1h. 94.02 (2) of the statutes is amended to read:
SB498-AA1,3,320 94.02 (2) If the owner or person in charge fails to comply with the terms of the
21a notice under sub. (1), within 10 days after receiving it, the department or any
22cooperating local unit of government may proceed to treat the premises or to treat
23or destroy the infested or infected plants or other material. The expense of such
24abatement shall be certified to the town, city or village clerk and assessed, collected
25and enforced against the premises upon which such expense was incurred as taxes

1are assessed, collected, and enforced, and shall be paid to the cooperating unit of
2government incurring the expense, or into the general fund if the control work was
3conducted by the department.
SB498-AA1, s. 1j 4Section 1j. 94.02 (2m) of the statutes is created to read:
SB498-AA1,3,125 94.02 (2m) (a) If the department finds that any premises other than
6agricultural lands or agricultural business premises, or that any plants, plant parts,
7or pest-harboring materials located on premises other than agricultural lands or
8agricultural business premises, are so infested or infected with injurious pests as to
9constitute a hazard to plant or animal life in the state, or any area of the state, it may
10ask the owner or person having charge of the premises to cause the treatment of the
11premises or the treatment or removal and destruction of infested or infected plants,
12host plants or other pest-harboring material.
SB498-AA1,3,1713 (b) If a person does not agree under par. (a) to cause the treatment of the
14premises or the treatment or removal and destruction of infested or infected plants,
15host plants or other pest-harboring material, the department may order the person
16to take that action. A person receiving an order under this paragraph may appeal
17the order within 30 days after the date of service. An appeal stays the order.
SB498-AA1,3,2318 (c) If a person receiving an order under par. (b) does not appeal the order and
19does not take the ordered action within 30 days after the date of service, the
20department or a cooperating local unit of government may cause the treatment of the
21premises or the treatment or removal and destruction of infested or infected plants,
22host plants or other pest-harboring material and the person is responsible for the
23costs of the action.".
SB498-AA1,4,1
12. Page 1, line 3: delete " Section 1" and substitute "Section 1m".
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