SB622: Bill Text

SB622, s. 1012 Section 1012. 560.65 (1) (ag) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

SB622,426,13 560.65 (1) (ag) "Industrial waste" has the meaning given in s. 144.01 281.01 (5).

SB622, s. 1013 Section 1013. 560.65 (1) (ar) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

SB622,426,17 560.65 (1) (ar) "Nonattainment area" has the meaning given in s. 144.30 (21) 285.01 (30).

SB622, s. 1014 Section 1014. 560.65 (1) (b) of the statutes is amended to read:

SB622,426,20 560.65 (1) (b) "Postconsumer waste" has the meaning given in s. 159.01 287.01 (7).

SB622, s. 1015 Section 1015. 560.65 (1) (c) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

SB622,426,24 560.65 (1) (c) "Stationary source" has the meaning given in s. 144.30 (23) 285.01 (41).

SB622, s. 1016 Section 1016. 560.65 (1) (d) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

SB622,427,4 560.65 (1) (d) "Volatile organic compound" has the meaning given in s. 144.30 (24) 285.01 (42).

SB622, s. 1017 Section 1017. 560.65 (1) (e) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

SB622,427,8 560.65 (1) (e) "Volatile organic compound accommodation area" has the meaning given in s. 144.30 (25) 285.01 (43).

SB622, s. 1018 Section 1018. 560.65 (1) (f) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

SB622,427,12 560.65 (1) (f) "Waters of the state" has the meaning given in s. 144.01 (19) 281.01 (18).

SB622, s. 1019 Section 1019. 560.65 (1m) (a) 3. b. of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

SB622,427,16 560.65 (1m) (a) 3. b. To control or treat industrial wastes or air pollution but not other wastes, as defined in s. 144.01 (8) 281.01 (7).

SB622, s. 1020 Section 1020. 560.65 (1m) (a) 3. e. of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

SB622,427,22 560.65 (1m) (a) 3. e. To comply with the air pollution control requirements of ss. 144.30 to 144.403 285.01 to 285.29, 285.33 to 285.53, 285.60 to 285.71, 285.75, 285.79 and 285.81, of a local air pollution control program under s. 144.41 285.73 or of the federal clean air act, 42 USC 7401 to 7671q.

SB622, s. 1021 Section 1021. 560.65 (4) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB622,428,6 560.65 (4) (a) If the project is for the production of a product made from one or more materials recovered from postconsumer waste, whether the production is consistent with the priorities established under s. 159.42 287.42 (5) for the development of markets for materials recovered from solid waste that are in effect on January 1 of the year in which the applicant submits a complete application for a grant or loan under this section to the department.

SB622, s. 1022 Section 1022. 560.797 (1) (a) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

SB622,428,10 560.797 (1) (a) "Environmental pollution" has the meaning given in s. 144.01 (3) 299.01 (4).

SB622, s. 1023 Section 1023. 560.835 (1) (a) of the statutes is amended to read:

SB622,428,13 560.835 (1) (a) The production of a product made from one or more materials recovered from postconsumer waste, as defined in s. 159.01 287.01 (7).

SB622, s. 1024 Section 1024. 560.835 (1) (c) of the statutes is amended to read:

SB622,428,18 560.835 (1) (c) The development and operation of a facility to process materials recovered from a solid waste management program that complies with s. 159.07 287.07 (1m), (3) or (4) or the development and operation of a solid waste collection business if the solid waste collected is used in the production of a product.

SB622, s. 1025 Section 1025. 703.16 (6) (e) of the statutes is amended to read:

SB622,428,21 703.16 (6) (e) A lien under s. 144.442 (9) 292.31 (8) (i), 144.76 (13) or 144.77 292.41 (6) (d) or 292.81.

SB622, s. 1026 Section 1026. 706.01 (9) of the statutes is amended to read:

SB622,428,24 706.01 (9) "Mining company" means any person or agent of a person who has a prospecting or mining permit under s. 144.84 293.45 or 144.85 293.49.

SB622, s. 1027 Section 1027. 706.11 (1) (intro.) of the statutes is amended to read:

SB622,429,5 706.11 (1) (intro.) Except as provided in sub. (4), when any of the following mortgages has been duly recorded, it shall have priority over all liens upon the mortgaged premises and the buildings and improvements thereon, except tax and special assessment liens filed after the recording of such mortgage and except liens under s. 144.442 (9) ss. 292.31 (8) (i), 144.76 (13) and 144.77 292.41 (6) (d) and 292.81:

SB622, s. 1028 Section 1028. 707.37 (4) (d) of the statutes is amended to read:

SB622,429,8 707.37 (4) (d) A lien under s. 144.442 (9) 292.31 (8) (i), 144.76 (13) or 144.47 292.41 (6) (d) or 292.81.

SB622, s. 1029 Section 1029. 779.01 (4) of the statutes is amended to read:

SB622,430,2 779.01 (4) Priority of construction lien. The lien provided in sub. (3) shall be prior to any lien which originates subsequent to the visible commencement in place of the work of improvement, except as otherwise provided by ss. 144.442 (9) (i), 144.76 (13), 144.76 (6) (d), 215.21 (4) (a), 292.31 (8) (i), 292.41 (6) (d), 292.81 and 706.11 (1). When new construction is the principal improvement involved, commencement is deemed to occur no earlier than the beginning of substantial excavation for the foundations, footings or base of the new construction, except where the new construction is to be added to a substantial existing structure, in which case the commencement is the time of the beginning of substantial excavation or the time of the beginning of substantial preparation of the existing structure to receive the added new construction, whichever is earlier. The lien also shall be prior to any unrecorded mortgage given prior to the commencement of the work of improvement, if the lien claimant has no actual notice of the mortgage before the commencement. Lien claimants who perform work or procure its performance or furnish any labor or materials or plans or specifications for an improvement prior to the visible commencement of the work of improvement shall have lien rights, but shall have only the priority accorded to other lien claimants.

SB622, s. 1030 Section 1030. 779.35 of the statutes is amended to read:

SB622,430,19 779.35 Mining liens. Any person who shall perform any labor or services for any person or corporation engaged in or organized for the purpose of mining, smelting or manufacturing iron, copper, silver or other ores or minerals, and any bona fide holder of any draft, time check or order for the payment of money due for any such labor, issued or drawn by any such person or corporation, shall have a lien for the wages due for the amount due on such draft, check or order upon all the personal property connected with such mining, smelting or manufacturing industry belonging to such person or corporation, including the ores or products of such mine or manufactory, together with the machinery and other personal property used in the operation of such mine or manufactory and all the interest of such person or corporation in any real estate belonging thereto and connected with such business, which said lien shall take precedence of all other debts, judgments, decrees, liens or mortgages against such person or corporation, except liens accruing for taxes, fines or penalties and liens under ss. 144.442 (9) 292.31 (8) (i), 144.76 (13) and 144.77 292.41 (6) (d) and 292.81, subject to the exceptions and limitations hereinafter set forth.

SB622, s. 1031 Section 1031. 779.40 (1) of the statutes is amended to read:

SB622,431,8 779.40 (1) Any person who shall perform any labor for an employer not the owner of the real estate, engaged in quarrying, crushing, cutting or otherwise preparing stone for use or for manufacturing lime and any bona fide holder of any draft, time check or order for the payment of money due for any such labor issued by such employer, shall have a lien for wages owed and for the amount due on such draft, check or order upon the personal property connected with such industry owned by such employer, including interest in the product of such quarry or factory and machinery and other personal property used in the operation of such quarry or factory, and all interest in any lease of the real estate connected with such business, which lien shall take precedence of all other debts, judgments, decrees, liens or mortgages against such employer, except taxes, fines or penalties and mortgages or judgments recorded or entered before such labor is performed and except liens under ss. 144.442 (9) 292.31 (8) (i), 144.76 (13) and 144.76 292.41 (6) (d) and 292.81.

SB622, s. 1032 Section 1032. 814.60 (2) (cs) of the statutes is amended to read:

SB622,431,10 814.60 (2) (cs) Environmental assessment imposed by s. 144.992 299.93.

SB622, s. 1033 Section 1033. 814.63 (3) (bs) of the statutes is amended to read:

SB622,431,12 814.63 (3) (bs) Environmental assessment imposed by s. 144.992 299.93.

SB622, s. 1034 Section 1034. 823.085 (1) of the statutes is amended to read:

SB622,431,15 823.085 (1) In this section, "solid waste facility" has the meaning given in s. 144.43 (5) 289.01 (35).

SB622, s. 1035 Section 1035. 823.085 (2) (intro.) of the statutes is amended to read:

SB622,431,22 823.085 (2) (intro.)  In any action finding a solid waste facility or the operation of a solid waste facility to be a public or private nuisance, if the solid waste facility was licensed under s. 144.44 (4) (a) 289.31 (1) and was operated in substantial compliance with the license, the plan of operation for the solid waste facility approved by the department of natural resources and the rules promulgated under s. 144.435 289.05 (1) that apply to the facility, then all of the following apply:

SB622, s. 1036 Section 1036. 823.115 (1) of the statutes is amended to read:

SB622,432,11 823.115 (1) If personal and real property are ordered sold under s. 823.114, and the real property is not released to the owner under s. 823.15, the plaintiff in the action under s. 823.113 shall sell the property at the highest available price. The city, town or village may sell the property at either a public or private sale. The proceeds of the sale shall be applied to the payment of the costs of the action and abatement and any liens on the property, and the balance, if any, paid as provided in sub. (2). The plaintiff may file a notice of the pendency of the action as in actions affecting the title to real estate and if the owner of the building or structure, or the owner of the land upon which the building or structure is located, is found guilty of the nuisance, the judgment for costs of the action not paid out of the proceeds of the sale of the property shall constitute a lien on the real estate prior to any other lien created after the filing of the lis pendens, except a lien under s. 144.442 (9) 292.31 (8) (i), 144.76 (13) or 144.77 292.41 (6) (d) or 292.81.

SB622, s. 1037 Section 1037. 895.46 (6) of the statutes is amended to read:

SB622,433,2 895.46 (6) The protection afforded by this section applies to any criminal action under s. 144.74 (2) or 144.93 (2) or under 7 USC 136L (b), 15 USC 2616 (b), 33 USC 1319 (c), 42 USC 2284, 6928 (d) and (e), 6973 (b), 6992 (b) and (c), 7413 (c), 9603 (b), 9606 (b) and 11045 (b) or 49 USC appendix 1809 (b) that is commenced against a state officer or state employe who is proceeded against in his or her official capacity or as an individual because of acts committed in the storage, transportation, treatment or disposal of hazardous substances, as defined in s. 144.01 (4m) 289.01 (11), if that officer or employe is found to be acting within the scope of his or her employment and if the attorney general determines that the state officer or state employe acted in good faith. Regardless of the determination made by the attorney general, the protection afforded by this section applies if the state officer or agent is not found guilty of the criminal action commenced under this subsection. This protection includes the payment of reasonable attorney fees in defending the action and costs or fines arising out of the action.

SB622, s. 1038 Section 1038. 895.48 (2) (a) 1. of the statutes is amended to read:

SB622,433,5 895.48 (2) (a) 1. "Discharge" has the meaning given under s. 144.76 (1) (a) 292.01 (3).

SB622, s. 1039 Section 1039. 895.48 (2) (a) 2. of the statutes is amended to read:

SB622,433,8 895.48 (2) (a) 2. "Hazardous substance" has the meaning given under s. 144.01 (4m) 299.01 (6).

SB622, s. 1040 Section 1040. 895.48 (2) (c) 2. of the statutes is amended to read:

SB622,433,12 895.48 (2) (c) 2. Who would be liable for the discharge under ch. 144 or 147 chs. 281 to 285 or 289 to 299, except s. 281.48, or any rule promulgated or permit or order issued under ch. 144 or 147 chs. 281 to 285 or 289 to 299, except s. 281.48;

SB622, s. 1041 Section 1041. 895.52 (1) (f) of the statutes is amended to read:

SB622,433,16 895.52 (1) (f) "Property" means real property and buildings, structures and improvements thereon, and the waters of the state, as defined under s. 144.01 (19) 281.01 (18).

SB622, s. 1042 Section 1042. 904.085 (2) (a) of the statutes is amended to read:

SB622,433,22 904.085 (2) (a) "Mediation" means mediation under s. 93.50 (3), conciliation under s. 111.54, mediation under s. 111.11, 111.70 (4) (cm) 3. or 111.87, negotiation under s. 144.445 289.33 (9), mediation under ch. 655 or s. 767.11, or any similar statutory, contractual or court-referred process facilitating the voluntary resolution of disputes. "Mediation" does not include binding arbitration or appraisal.

SB622, s. 1043 Section 1043. 946.13 (2) (g) of the statutes is amended to read:

SB622,434,4 946.13 (2) (g) Contracts with, or tax credits or payments received by, public officers or employes for wildlife damage claims or abatement under s. 29.598, for farmland preservation under ss. 71.09 (11) and 91.13, soil and water resource management under s. 92.14, soil erosion control under s. 92.10, 1985 stats., animal waste management under s. 92.15, 1985 stats., and nonpoint source water pollution abatement under s. 144.25 281.65.

SB622, s. 1044 Section 1044. 946.13 (9) of the statutes is amended to read:

SB622,434,8 946.13 (9) Subsection (1) does not apply to the member of a local committee appointed under s. 144.445 289.33 (7) (a) acting as a member of that committee in negotiation, arbitration or ratification of agreements under s. 144.445 289.33.

SB622, s. 1045 Section 1045. 973.05 (1) of the statutes is amended to read:

SB622,435,6 973.05 (1) When a defendant is sentenced to pay a fine, the court may grant permission for the payment of the fine, of the penalty assessment imposed by s. 165.87, the jail assessment imposed by s. 302.46 (1), the crime victim and witness assistance surcharge under s. 973.045, any applicable deoxyribonucleic acid analysis surcharge under s. 973.046, any applicable drug abuse program improvement surcharge imposed by s. 161.41 (5), any applicable domestic abuse assessment imposed by s. 971.37 (1m) (c) 1. or 973.055, any applicable driver improvement surcharge imposed by s. 346.655, any applicable weapons assessment imposed by s. 167.31, any applicable uninsured employer assessment imposed by s. 102.85 (4), any applicable environmental assessment imposed by s. 144.992 299.93, any applicable wild animal protection assessment imposed by s. 29.9965, any applicable natural resources assessment imposed by s. 29.997 and any applicable natural resources restitution payment imposed by s. 29.998 to be made within a period not to exceed 60 days. If no such permission is embodied in the sentence, the fine, the penalty assessment, the jail assessment, the crime victim and witness assistance surcharge, any applicable deoxyribonucleic acid analysis surcharge, any applicable drug abuse program improvement surcharge, any applicable domestic abuse assessment, any applicable driver improvement surcharge, any applicable weapons assessment, any applicable uninsured employer assessment, any applicable environmental assessment, any applicable wild animal protection assessment, any applicable natural resources assessment and any applicable natural resources restitution payment shall be payable immediately.

SB622, s. 1046 Section 1046. 1995 Wisconsin Act 27, section 9442 (7t) is amended to read:

SB622,435,11 [1995 Wisconsin Act 27] Section 9442 (7t) Waste tire program. The treatment of sections 20.370 (2) (dj) (by Section 649), (dL) and (hq) (by Section 656b), 25.40 (1) (a) 5., 144.449 (1) (am) and (3) (f), 159.17 and 342.14 (1m) of the statutes takes effect on June 30, 1997.

SB622, s. 1047 Section 1047. Effective dates. This act takes effect on January 1, 1997, except as follows:

SB622,435,15 (1) The repeal of section 287.17 of the statutes and the repeal and recreation of section 20.370 (2) (hq) of the statutes take effect on June 30, 1997.

Note: The following list shows the location of those statutes renumbered and reorganized in this bill. The left-hand column ("Old Statute Number") lists those provisions of the statutes affected by this bill, while the right-hand column ("New Statute Number") shows the new statutory number of each provision. - See PDF for table

SB622,446,1 (End)