SB622: Bill Text

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)