AB865: Bill Text

LRB-4868/1

RCT&MGG:skg:ks

1995 - 1996 LEGISLATURE

1995 Assembly BILL 865

February 7, 1996 - Introduced by Law Revision Committee. Referred to Committee on Natural Resources.

AB865,2,2 An Act to amend 20.370 (2) (bL), 29.52 (2) (c), 29.535 (title), 29.535 (1) (c) to (e), 32.51 (1) (b), 36.25 (11) (c), 46.06 (2), 60.70 (10), 60.72 (4), 60.77 (4) and (5) (e) and (g), 60.79 (2) (b) 1. and 2., (c), (d) 1. and (e), 60.79 (3) and (4) (intro.), 61.34 (3), 62.175 (2), 62.22 (1), 65.06 (1), 65.06 (8), 65.06 (17), 66.061 (1) (a), 66.066 (1a), 66.071 (1) (title), 66.071 (1) (c), 66.071 (1) (f), 66.071 (1) (g), 66.071 (1) (j), 66.077 (2), 66.077 (3), 66.60 (6m) (c) 1., 67.05 (5) (b), 70.327, 87.305 (1) (intro.), 87.305 (1) (c) (intro.), 97.34 (2) (c), 97.34 (2) (d), 101.143 (4) (b) 10., 144.01 (9), 144.01 (15), 144.02 (1), 144.025 (2) (b) 1., 144.025 (2) (h), 144.025 (2) (L), 144.0255 (1) and (2), 144.442 (6) (c), 144.77 (6) (a), 145.04 (title) and (1), 145.05, 160.27 (5), 160.34, 196.58 (7) (a), 254.36 (3) (intro.), 301.24 (2) and 560.08 (2) (b); and to repeal and recreate 29.535 (1) (a) and 29.535 (2) of the statutes; relating to: eliminating obsolete terminology regarding water systems, authorizing the department of natural resources to utilize moneys for removal of abandoned containers and introducing, stocking and planting fish, spawn and other wild animals (suggested as remedial legislation by the department of natural resources).

Analysis by the Legislative Reference Bureau

Under current law, no person may bring into this state for the purpose of stocking or introduction, or stock or introduce, any fish, spawn or other wild animal without a permit. This bill changes current law by clarifying that a person must have a permit for stocking or introduction, regardless of whether the person brought the fish, spawn or wild animal into the state or the person obtained the fish, spawn or wild animal from within the state. The bill also makes technical changes to make the language in the provisions regarding introduction and stocking of wild animals more consistent.

This bill updates terminology related to water systems and makes other technical changes in the statutes relating to water systems. The bill also corrects a cross-reference in the statute related to funding emergency actions concerning abandoned containers.

For further information, see the Notes provided by the law revision committee of the legislative council.

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:

Prefatory note: This bill is a remedial legislation proposal, requested by the department of natural resources and introduced by the law revision committee under s. 13.83 (1) (c) 4., stats. After careful consideration of the various provisions of the bill, the law revision committee has determined that this bill makes minor substantive changes in the statutes, and that these changes are desirable as a matter of public policy.

AB865, s. 1 Section 1. 20.370 (2) (bL) of the statutes is amended to read:

AB865,2,7 20.370 (2) (bL) Wastewater management — fees. All moneys received under s. 144.025 (2) (L) for the certification of operators of waterworks water systems, wastewater treatment plants and septage servicing vehicles and under s. 146.20 (4s) (a) and (b) for wastewater management activities.

Note: This amendment deletes the obsolete term "waterworks" from an appropriations statute governing wastewater management fees and replaces it with the term "water systems".

AB865, s. 2 Section 2. 29.52 (2) (c) of the statutes is amended to read:

AB865,3,2 29.52 (2) (c) A description of the water supply system to be used in the operation of the hatchery.

Note: This amendment deletes the term "water supply" from the statute relating to private fish hatcheries and replaces it with the term "water system".

AB865, s. 3 Section 3. 29.535 (title) of the statutes is amended to read:

AB865,3,4 29.535 (title) Introducing fish and game Introduction of wild animals.

AB865, s. 4 Section 4. 29.535 (1) (a) of the statutes is repealed and recreated to read:

AB865,3,7 29.535 (1) (a) A person must be issued a permit from the department before doing any of the following:

AB865,3,9 1. Importing into the state any fish, spawn or any other wild animal for the purpose of introducing, stocking or planting that fish, spawn or wild animal.

AB865,3,10 2. Introducing, stocking or planting any fish, spawn or other wild animal.

AB865, s. 5 Section 5. 29.535 (1) (c) to (e) of the statutes are amended to read:

AB865,3,14 29.535 (1) (c) Permits for introducing, stocking or planting under par. (a) 2. shall be issued by the department only after investigation and inspection of the fish, birds or spawn or other wild animals as it the department determines is necessary.

AB865,3,18 (d) Permits that are issued under par. (a) 1. to import into the state fish or spawn thereof of the family salmonidae, including trout, char or salmon, may be issued only if the source of the fish or eggs is certified free of such diseases as are designated by the department.

AB865,3,21 (e) Fish or spawn thereof imported under a permit issued under par. (a) 1. are subject to inspection by the department and such inspection may include removal of reasonable samples of fish or eggs for biological examination.

AB865, s. 6 Section 6. 29.535 (2) of the statutes is repealed and recreated to read:

AB865,4,2 29.535 (2) Nothing in this section shall prohibit the department or its duly authorized agents from doing any of the following:

AB865,4,4 (a) Importing into the state any fish, spawn or any other wild animal for the purpose of introducing, stocking or planting that fish, spawn or wild animal.

AB865,4,5 (b) Introducing, stocking or planting any fish, spawn or other wild animal.

Note: These amendments repeal and recreate s. 29.535 (1) (a) and make related changes in other portions of s. 29.535. The repeal and recreation of this provision clarifies that a person must have a permit for stocking or introducing fish, spawn or a wild animal, regardless of whether the person brought the fish, spawn or wild animal into the state or the person obtained the fish, spawn or wild animal from within the state. The department of natural resources states that this repeal and recreation is necessary because the current statute causes confusion over the applicability and intent of this section. The current language states clearly that the permit requirement applies to the importation into this state of fish, spawn or wild animals for the purpose of introducing or stocking them, but is somewhat confusing with respect to stocking or introduction that does not involve importation into this state.

AB865, s. 7 Section 7. 32.51 (1) (b) of the statutes is amended to read:

AB865,4,9 32.51 (1) (b) Public alleys, grounds, harbors, libraries, museums, school sites, vehicle parking areas, airports, markets, hospitals, ward yards, bridges, viaducts, waterworks water systems and water mains.

Note: This amendment deletes the obsolete term "waterworks" from the eminent domain statute which lists the types of purposes for which condemned property may be used and replaces it with the term "water systems".

AB865, s. 8 Section 8. 36.25 (11) (c) of the statutes is amended to read:

AB865,4,17 36.25 (11) (c) The laboratory shall provide analytical support to the appropriate state agencies charged with water supply system evaluation. The support service shall include an evaluation from a public health standpoint and analytical support to ascertain the water's suitability for manufacturing, commercial and recreational purposes as determined by the rules promulgated by the department of health and social services, the department of natural resources and the department of agriculture, trade and consumer protection.

Note: This amendment deletes the term "water supply" from the statute governing the state laboratory of hygiene and replaces it with the term "water system".

AB865, s. 9 Section 9. 46.06 (2) of the statutes is amended to read:

AB865,5,5 46.06 (2) Easements. The department may grant easements for the extension of municipal and public utilities onto the lands of the institutions under its jurisdiction, for the purpose of connecting railroads, roads, waterworks water systems, sewers, electric lines and similar facilities, to serve such institutions.

Note: This amendment deletes the obsolete term "waterworks" from the statute relating to grants of easements by the department of natural resources and replaces it with the term "water systems".

AB865, s. 10 Section 10. 60.70 (10) of the statutes is amended to read:

AB865,5,9 60.70 (10) "Water supply system" means all structures, conduits and appurtenances by means of which water is delivered to consumers except piping and fixtures inside buildings served and service pipes from building to street main.

Note: This amendment updates the term "water supply system" to "water system" in the section of the statutes relating to town sanitary districts.

AB865, s. 11 Section 11. 60.72 (4) of the statutes is amended to read:

AB865,5,16 60.72 (4) Finding. Following the public hearing, the department shall determine if private sewage systems or private domestic water supply systems, or both, in the affected towns constitute a threat to public health, safety, convenience or welfare or of pollution of waters of the state, and that there is no local action to correct the situation. The department shall issue its determination as written findings.

Note: This amendment updates the term "water supply system" to "water system" in the statute relating to a finding of the department of natural resources as to whether a town sanitary district should be established.