AB865: Bill Text

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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.

AB865, s. 12 Section 12. 60.77 (4) and (5) (e) and (g) of the statutes are amended to read:

AB865,6,6 60.77 (4) General powers and duties. The commission may project, plan, construct and maintain a system of water supply, solid waste collection and disposal of sewage sewerage system, including drainage improvements, sanitary sewers, surface sewers or storm water sewers, or all of the improvements or activities or any combination of them necessary for the promotion of the public health, comfort, convenience or welfare of the district. The commission may provide chemical or mechanical treatment of waters for the suppression of swimmers' itch, algae and other nuisance-producing aquatic growths.

AB865,6,9 (5) (e) Fix and collect charges for solid waste collection and disposal, sewage service and water supply service. The commission may fix and collect sewage service charges under s. 66.076 and water supply service charges under s. 66.069.

AB865,6,11 (g) Provide for the operation as a single enterprise of its water supply, solid waste or sewerage system, or any part or combination of parts of the system.

Note: These amendments update terms relating to water and sewerage systems in the statute relating to general powers and duties of a town sanitary district commission.

AB865, s. 13 Section 13. 60.79 (2) (b) 1. and 2., (c), (d) 1. and (e) of the statutes are amended to read:

AB865,6,15 60.79 (2) (b) 1. The territory is served by the town sanitary district with a water supply or sewerage system; or

AB865,6,19 2. The territory is not served by the town sanitary district with a water supply or sewerage system, but the district has obligations related to the territory subject to incorporation or annexation which require payment for longer than one year following the incorporation or annexation.

AB865,6,22 (c) The city or village and the town sanitary district shall divide the assets and liabilities of the town sanitary district under s. 66.03, except that the ownership of any water supply or sewerage system shall be determined under par. (dm).

AB865,7,8 (d) 1. Any water supply or sewerage system, including all mains and all property of the system, shall belong to and be operated by the district or the city or village, in whichever the major portion of the patrons reside on the date of annexation or incorporation, unless other provision is made by agreement of the governing body of the city or village and the commission. Express power is hereby granted to the governing body of the city or village and the commission to contract with each other relative to the operation and property of any water supply or sewerage system.

AB865,7,12 (e) Any special assessment levied before the incorporation or annexation shall continue to be collected by the district or city or village which is operating the water supply or sewerage system and shall be applied to the purpose for which the original assessment was made.

Note: These amendments update the term "water supply or sewerage system" to "water or sewerage system" in the statute governing incorporation or annexation of part of a town sanitary district.

AB865, s. 14 Section 14. 60.79 (3) and (4) (intro.) of the statutes are amended to read:

AB865,7,18 60.79 (3) Service area. No city or village which secures a water supply or sewerage system under this section is required to serve an area outside its corporate limits greater than that included in the town sanitary district at the time of annexation or incorporation. The city or village shall continue to serve the area previously included within the district.

AB865,7,20 (4) City or village authority. (intro.) A city or village which obtains a water supply or sewerage system under this section may:

Note: These amendments update the term "water supply or sewerage system" to "water or sewerage system" in the statute governing service areas of water or sewerage systems.

AB865, s. 15 Section 15. 61.34 (3) of the statutes is amended to read:

AB865,8,10 61.34 (3) Acquisition and disposal of property. The village board may acquire property, real or personal, within or without outside the village, for parks, libraries, recreation, beautification, streets, waterworks water systems, sewage or waste disposal, harbors, improvement of watercourses, public grounds, vehicle parking areas, and for any other public purpose; may acquire real property within or contiguous to the village, by means other than condemnation, for industrial sites; may improve and beautify the same; may construct, own, lease and maintain buildings on such property for instruction, recreation, amusement and other public purposes; and may sell and convey such property. Condemnation shall be as provided by ch. 32.

Note: This amendment updates the term "waterworks" to "water systems" in the statute relating to a village board's power to acquire and dispose of property.

AB865, s. 16 Section 16. 62.175 (2) of the statutes is amended to read:

AB865,9,15 62.175 (2) If any 1st or 2nd class city has begun to plan, construct and establish, or has completed the planning, construction and establishment of, a sewage system and a sewage disposal works, any town, village or other city located in the same county where the 1st or 2nd class city is located and whose purified or unpurified sewage flows directly or indirectly into any lake which is the source of the water supply system of the 1st or 2nd class city shall, before constructing any sewers or sewerage system or extensions of any existing sewers or sewerage system for the purposes of connection with the sewers, sewerage system and sewage disposal works of the 1st or 2nd class city, secure the written approval of the plans by the sewerage commission, or other board or body or official having charge and control of the planning, construction, establishment, operation and maintenance of the sewage disposal system of the 1st or 2nd class city. The sewerage commission, or other board, body or official of the 1st or 2nd class city, may approve the plans or approve them subject to recommended changes or substitutions in order that if the sewers or sewerage system, or extensions thereof, of any of the towns, villages or cities are connected with the sewers, sewerage system and sewage disposal works of the 1st or 2nd class city, the sewers or sewerage system, or extensions thereof, will conform with the plan of the sewers, sewerage system and sewage disposal works of the 1st or 2nd class city. If the town, village or city constructs in accordance with the approved plans, the town, village or city may connect its sewers, sewerage system or extensions thereof with the sewers, sewerage system and sewage disposal works of the 1st or 2nd class city, as specified in writing by the sewerage commission, or other board, body or official having charge and control of the sewage disposal system of the 1st or 2nd class city. Except as otherwise provided by statute, a 2nd class city may charge compensation as provided under sub. (3), for the use of its sewers, sewerage system and sewage disposal works for the transmission of the sewage of the towns, villages or cities.

Note: This amendment updates the term "water supply" to "water system" in the statute relating to approval of a 1st or 2nd class city's plans for sewer and water extensions.

AB865, s. 17 Section 17. 62.22 (1) of the statutes is amended to read:

AB865,9,23 62.22 (1) Purposes. The governing body of any city may by gift, purchase or condemnation acquire property, real or personal, within or without outside the city, for parks, recreation, waterworks water systems, sewage or waste disposal, airports or approaches thereto, cemeteries, vehicle parking areas, and for any other public purpose; may acquire real property within or contiguous to the city, by means other than condemnation, for industrial sites; may improve and beautify the same; may construct, own, lease and maintain buildings on such property for public purposes; and may sell and convey such property. The power of condemnation for any such purpose shall be as provided by ch. 32.

Note: This amendment updates the term "waterworks" to "water systems" in the statute relating to purposes for which a city may acquire property.

AB865, s. 18 Section 18. 65.06 (1) of the statutes is amended to read:

AB865,10,13 65.06 (1) No money shall may be expended and no liabilities incurred by the city or any department unless otherwise specially authorized by law during the fiscal year, in excess of the amounts specified or except as hereinafter provided for any other purpose than as designated therein, provided, however, that whenever a waterworks the city department of the city that is responsible for a water system desires to make a contract extending over a period of more than one year for additions to the plant in excess of the estimated revenue for the year, if in the opinion of the board of estimate estimates there will be money available to meet the payments on the contract as they may come due, then, by a majority vote of the board, they may authorize the comptroller to countersign such contract.

Note: This amendment updates the term "waterworks" to "water system", and makes other technical revisions, in the statute relating to city expenditure of funds for additions to water systems.

AB865, s. 19 Section 19. 65.06 (8) of the statutes is amended to read:

AB865,11,2 65.06 (8) Any department charged by law with the construction, extension, operation and maintenance of a waterworks or water system, lighting system or any public utility may spend money from the surplus revenue of such waterworks or the water system, lighting system or utility in addition to the sum specified in the budget when deemed necessary to maintain the service, upon being authorized so to do by a three-fourths vote of all the aldermen of the common council, specifying by resolution the purpose for which and the sum appropriated. Before any money shall be so expended a copy of the resolution authorizing it shall be certified to the comptroller.

Note: This amendment updates the term "waterworks" to "water system" in the statute relating to expenditures of surplus revenue from a water system for maintenance of the water system.