AB926: Bill Text

AB926,143,2 33.265 Notice, filing and recording requirements. If a district is created or its boundaries altered, the board of commissioners shall record the authorizing document, including a legal description of the boundary, with the register of deeds in each county where the district is situated, and file the document and legal description with the department of natural resources environmental quality and the department of revenue.

AB926, s. 671 Section 671. 33.457 (4) (intro.) of the statutes is amended to read:

AB926,143,9 33.457 (4) (intro.) Within 3 months after the implementation plan is developed and submitted under sub. (1), the department of environmental quality, the department of natural resources, and the designated planning agency under s. 281.51 that covers the county shall evaluate the implementation plan to determine whether it is consistent with the criteria for water quality planning under s. 281.51 and whether the plan is adequate to:

AB926, s. 672 Section 672. 33.55 (1) (p) of the statutes is created to read:

AB926,143,13 33.55 (1) (p) One nonvoting representative from the department of environmental quality, who shall be appointed by the secretary of environmental quality.

AB926, s. 673 Section 673. 36.25 (8) of the statutes is amended to read:

AB926,143,24 36.25 (8) Water resources research. Funds made available to the various state agencies for joint water resources research and data collection programs shall be administered and coordinated by the director of the water resources center of the University of Wisconsin-Madison. Such funds shall be made available, on application from the state agencies concerned, when the director, after seeking the advice of the department of natural resources and the department of environmental quality, finds the proposed projects to be consistent with other state projects and the needs of the state. The director shall make biennial reports to the chief clerk of each house of the legislature, for distribution to the legislature under s. 13.172 (2), at the convening of the legislature.

AB926, s. 674 Section 674. 36.25 (11) (c) of the statutes is amended to read:

AB926,144,7 36.25 (11) (c) The laboratory shall provide analytical support to the appropriate state agencies charged with water 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 services, the department of natural resources environmental quality and the department of agriculture, trade and consumer protection.

AB926, s. 675 Section 675. 36.25 (11) (d) of the statutes is amended to read:

AB926,144,15 36.25 (11) (d) The laboratory shall be operated to furnish a complete laboratory service to the department of health services, the department of environmental quality, and the department of natural resources in the areas of water quality, air quality, public health and contagious diseases and to make available to the system, the department of health services, the department of environmental quality, and the department of natural resources such facilities for teaching in the fields of public health and environmental protection as may be derived from such a laboratory.

AB926, s. 676 Section 676. 36.25 (30) of the statutes is amended to read:

AB926,144,22 36.25 (30) Pollution prevention. The board shall maintain in the extension a solid and hazardous waste education center to promote pollution prevention, as defined in s. 299.13 (1) (dm). In cooperation with the department of natural resources environmental quality and the department of commerce, the center shall conduct an education and technical assistance program to promote pollution prevention in this state.

AB926, s. 677 Section 677. 36.27 (3m) (a) 2. of the statutes is amended to read:

AB926,145,3 36.27 (3m) (a) 2. "Law enforcement officer" has the meaning given in s. 165.85 (2) (c) and includes a person appointed as a conservation warden under s. 23.10 and a person appointed as an environmental warden under s. 278.10.

AB926, s. 678 Section 678. 40.02 (17) (n) of the statutes is created to read:

AB926,145,13 40.02 (17) (n) Notwithstanding par. (d), each participant who is a state forest ranger on or after the effective date of this paragraph .... [LRB inserts date], shall be granted creditable service as a protective occupation participant for all covered service as a state forest ranger that was earned on or after the effective date of this paragraph .... [LRB inserts date], but may not be granted creditable service as a protective occupation participant for any covered service as a state forest ranger that was earned before the effective date of this paragraph .... [LRB inserts date], unless that service was earned while the participant was classified under sub. (48) (a) and s. 40.06 (1) (d) as a protective occupation participant.

AB926, s. 679 Section 679. 40.02 (48) (am) 5m. of the statutes is created to read:

AB926,145,15 40.02 (48) (am) 5m. An environmental warden.

AB926, s. 680 Section 680. 40.02 (48) (c) of the statutes is amended to read:

AB926,146,4 40.02 (48) (c) In s. 40.65, "protective occupation participant" means a participating employee who is a police officer, fire fighter, an individual determined by a participating employer under par. (a) or (bm) to be a protective occupation participant, county undersheriff, deputy sheriff, state probation and parole officer, county traffic police officer, conservation warden, state forest ranger, field conservation employee of the department of natural resources or the department of agriculture, trade and consumer protection who is subject to call for forest fire control or warden duty, environmental warden, member of the state traffic patrol, state motor vehicle inspector, University of Wisconsin System full-time police officer, guard or any other employee whose principal duties are supervision and discipline of inmates at a state penal institution, excise tax investigator employed by the department of revenue, person employed under s. 61.66 (1), or special criminal investigation agent employed by the department of justice.

AB926, s. 681 Section 681. 40.65 (4w) of the statutes is created to read:

AB926,146,9 40.65 (4w) A state forest ranger who becomes a protective occupation participant on or after the effective date of this subsection .... [LRB inserts date], is not entitled to a duty disability benefit under this section for an injury or disease occurring before the effective date of this subsection .... [LRB inserts date].

AB926, s. 682 Section 682. 42.09 (2) (b) of the statutes is amended to read:

AB926,146,15 42.09 (2) (b) The state fair park board shall allow the department of natural resources and the department of agriculture, trade and consumer protection access to and use of the buildings, appurtenances, fixtures, exhibits and other structures and facilities described in par. (a) so that the department departments may prepare, display and dismantle exhibits during events occurring at state fair park.

AB926, s. 683 Section 683. 44.57 (1) (c) of the statutes is amended to read:

AB926,146,19 44.57 (1) (c) Game farms, fish hatcheries, nurseries and other production facilities operated by the department of natural resources or the department of agriculture, trade and consumer protection.

AB926, s. 684 Section 684. 46.34 of the statutes is amended to read:

AB926,146,24 46.34 Emission standards for hazardous air contaminants. The department may assist the department of natural resources environmental quality in the development of emission standards for hazardous air contaminants under s. 285.27 (2) (b).

AB926, s. 685 Section 685. 59.01 of the statutes is amended to read:

AB926,147,8 59.01 Body corporate; status. Each county in this state is a body corporate, authorized to sue and be sued, to acquire and hold, lease or rent real and personal estate for public uses or purposes, including lands acquired under ch. 75, to sell, lease and convey the same, including the authority to enter into leases or contracts with the state for a period of years for the uses and purposes specified in s. ss. 23.09 (2) (d) and 28.02 (2), to make such contracts and to do such other acts as are necessary and proper to the exercise of the powers and privileges granted and the performance of the legal duties charged upon it.

AB926, s. 686 Section 686. 59.692 (1) (a) of the statutes is amended to read:

AB926,147,11 59.692 (1) (a) "Department" means the department of natural resources environmental quality.

AB926, s. 687 Section 687. 59.693 (1) of the statutes is amended to read:

AB926,147,14 59.693 (1) Definition. In this section, "department" means the department of natural resources environmental quality.

AB926, s. 688 Section 688. 59.70 (2) (q) 4. of the statutes is amended to read:

AB926,147,17 59.70 (2) (q) 4. The cleanup of the site is conducted under the supervision of the department of natural resources environmental quality.

AB926, s. 689 Section 689. 59.70 (6) (a) 1. of the statutes is amended to read:

AB926,147,20 59.70 (6) (a) 1. "Department" means the department of natural resources environmental quality.

AB926, s. 690 Section 690. 59.70 (13) (b) of the statutes is amended to read:

AB926,148,7 59.70 (13) (b) Members or employees of the commission may request admission onto any property within the district at reasonable times to determine if mosquito breeding is present. If the owner or occupant refuses admission, the commission member or employee shall seek a warrant to inspect the property as a potential mosquito breeding ground. Commission members or employees may enter upon property to clean up stagnant pools of water or shores of lakes or streams, and may spray mosquito breeding areas with insecticides subject to the approval of the district director and the department of natural resources environmental quality. The commission shall notify the property owner of any pending action under this paragraph and shall provide the property owner with a hearing prior to acting under this paragraph if the owner objects to the commission's actions.

AB926, s. 691 Section 691. 59.74 (2) (g) of the statutes is amended to read:

AB926,148,11 59.74 (2) (g) Every land surveyor and every officer of the department of natural resources, every officer of the department of agriculture, trade and consumer protection, and the district attorney shall enforce this subsection.

AB926, s. 692 Section 692. 60.627 (1) of the statutes is amended to read:

AB926,148,14 60.627 (1) Definition. In this section, "department" means the department of natural resources environmental quality.

AB926, s. 693 Section 693. 60.71 (4) (b) of the statutes is amended to read:

AB926,148,20 60.71 (4) (b) The town board shall publish a class 2 notice, under ch. 985, of the hearing. The notice shall contain an announcement of the hearing and a description of the boundaries of the proposed town sanitary district. The town board shall mail the notice to the department of commerce and the department of natural resources environmental quality at least 10 days prior to the hearing.

AB926, s. 694 Section 694. 60.71 (4) (c) of the statutes is amended to read:

AB926,149,3 60.71 (4) (c) Any person may file written comments on the formation of the district with the town clerk. Any owner of property within the boundary of the proposed district may appear at the hearing and offer objections, criticisms or suggestions as to the necessity of the proposed district and the question of whether his or her property will be benefited by the establishment of the district. A representative of the department of commerce and of the department of natural resources environmental quality may attend the hearing and advise the town board.

AB926, s. 695 Section 695. 60.71 (7) of the statutes is amended to read:

AB926,149,8 60.71 (7) Filing and recording the order. The town board shall file copies of the order establishing the town sanitary district with the department of natural resources environmental quality and record the order with the register of deeds in each county in which the district is located.

AB926, s. 696 Section 696. 60.72 (title) and (1) of the statutes are amended to read:

AB926,149,13 60.72 (title) Creation of town sanitary district by order of the department of natural resources environmental quality. (1) Definition. In this section, "department" means the department of natural resources environmental quality.

AB926, s. 697 Section 697. 60.73 of the statutes is amended to read:

AB926,149,23 60.73 Review of orders creating town sanitary districts. Any person aggrieved by any act of the town board or the department of natural resources environmental quality in establishing a town sanitary district may bring an action in the circuit court of the county in which his or her lands are located, to set aside the final determination of the town board or the department of natural resources environmental quality, within 90 days after the final determination, as provided under s. 893.73 (2). If no action is taken within the 90-day period, the determination by the town board or the department of natural resources environmental quality is final.

AB926, s. 698 Section 698. 60.782 (2) (d) of the statutes is amended to read:

AB926,150,3 60.782 (2) (d) Lease or acquire, including by condemnation, any real property situated in this state that may be needed for the purposes of s. 23.09 (19), 23.094 (3g) or 30.275 23.434 (4).

AB926, s. 699 Section 699. 60.785 (2) (a) of the statutes is amended to read:

AB926,150,15 60.785 (2) (a) Any town sanitary district may be consolidated with a contiguous town sanitary district by resolution passed by a two-thirds vote of all of the commissioners of each district, fixing the terms of the consolidation and ratified by the qualified electors of each district at a referendum held in each district. The resolution shall be filed as provided in s. 8.37. The ballots shall contain the words "for consolidation", and "against consolidation". If a majority of the votes cast on the referendum in each town sanitary district are for consolidation, the resolutions are effective and have the force of a contract. Certified copies of the resolutions and the results of the referendum shall be filed with the secretary of natural resources environmental quality and the original documents shall be recorded with the register of deeds in each county in which the consolidated district is situated.

AB926, s. 700 Section 700. 60.85 (1) (n) of the statutes is amended to read:

AB926,150,25 60.85 (1) (n) "Tax incremental district" means a contiguous geographic area within a town defined and created by resolution of the town board, consisting solely of whole units of property as are assessed for general property tax purposes, other than railroad rights-of-way, rivers or highways. Railroad rights-of-way, rivers or highways may be included in a tax incremental district only if they are continuously bounded on either side, or on both sides, by whole units of property as are assessed for general property tax purposes which are in the tax incremental district. "Tax incremental district" does not include any area identified as a wetland on a map under s. 23.32 278.32.

AB926, s. 701 Section 701. 61.351 (1) (b) of the statutes is amended to read:

AB926,151,2 61.351 (1) (b) "Wetlands" has the meaning specified under s. 23.32 278.32 (1).

AB926, s. 702 Section 702. 61.351 (2) of the statutes is amended to read:

AB926,151,7 61.351 (2) Filled wetlands. Any wetlands which are filled prior to the date on which a village receives a final wetlands map from the department of natural resources under s. 278.32 in a manner which affects their characteristics as wetlands are filled wetlands and not subject to an ordinance adopted under this section.

AB926, s. 703 Section 703. 61.351 (3) of the statutes is amended to read:

AB926,151,15 61.351 (3) Adoption of ordinance. To effect the purposes of s. 281.31 and to promote the public health, safety and general welfare, each village shall zone by ordinance all unfilled wetlands of 5 acres or more which are shown on the final wetland inventory maps prepared by the department of natural resources for the village under s. 23.32 278.32, which are located in any shorelands and which are within its incorporated area. A village may zone by ordinance any unfilled wetlands which are within its incorporated area at any time.

AB926, s. 704 Section 704. 61.351 (6) of the statutes is amended to read:

AB926,151,25 61.351 (6) Failure to adopt ordinance. If any village does not adopt an ordinance required under sub. (3) within 6 months after receipt of final wetland inventory maps prepared by the department of natural resources for the village under s. 23.32 278.32, or if the department of natural resources environmental quality, after notice and hearing, determines that a village adopted an ordinance which fails to meet reasonable minimum standards in accomplishing the shoreland protection objectives of s. 281.31 (1), the department of natural resources environmental quality shall adopt an ordinance for the village. As far as applicable, the procedures set forth in s. 87.30 apply to this subsection.

AB926, s. 705 Section 705. 61.354 (1) of the statutes is amended to read:

AB926,152,3 61.354 (1) Definition. As used in this section, "department" means the department of natural resources environmental quality.

AB926, s. 706 Section 706. 62.231 (1) (b) of the statutes is amended to read:

AB926,152,5 62.231 (1) (b) "Wetlands" has the meaning specified under s. 23.32 278.32 (1).

AB926, s. 707 Section 707. 62.231 (2) of the statutes is amended to read:

AB926,152,10 62.231 (2) Filled wetlands. Any wetlands which are filled prior to the date on which a city receives a final wetlands map from the department of natural resources under s. 278.32 in a manner which affects their characteristics as wetlands are filled wetlands and not subject to an ordinance adopted under this section.

AB926, s. 708 Section 708. 62.231 (3) of the statutes is amended to read:

AB926,152,18 62.231 (3) Adoption of ordinance. To effect the purposes of s. 281.31 and to promote the public health, safety and general welfare, each city shall zone by ordinance all unfilled wetlands of 5 acres or more which are shown on the final wetland inventory maps prepared by the department of natural resources for the city under s. 23.32 278.32, which are located in any shorelands and which are within its incorporated area. A city may zone by ordinance any unfilled wetlands which are within its incorporated area at any time.

AB926, s. 709 Section 709. 62.231 (6) of the statutes is amended to read:

AB926,153,3 62.231 (6) Failure to adopt ordinance. If any city does not adopt an ordinance required under sub. (3) within 6 months after receipt of final wetland inventory maps prepared by the department of natural resources for the city under s. 23.32 278.32, or if the department of natural resources environmental quality, after notice and hearing, determines that a city adopted an ordinance which fails to meet reasonable minimum standards in accomplishing the shoreland protection objectives of s. 281.31 (1), the department of natural resources environmental quality shall adopt an ordinance for the city. As far as applicable, the procedures set forth in s. 87.30 apply to this subsection.

AB926, s. 710 Section 710. 62.231 (6m) of the statutes is amended to read:

AB926,153,10 62.231 (6m) Certain amendments to ordinances. For an amendment to an ordinance enacted under this section that affects an activity that meets all of the requirements under s. 281.165 (2) or (3) (a), the department of natural resources environmental quality may not proceed under sub. (6), or otherwise review the amendment, to determine whether the ordinance, as amended, fails to meet reasonable minimum standards.

AB926, s. 711 Section 711. 62.234 (1) of the statutes is amended to read:

AB926,153,13 62.234 (1) Definition. As used in this section, "department" means the department of natural resources environmental quality.

AB926, s. 712 Section 712. 66.0217 (9) (b) of the statutes is amended to read:

AB926,153,22 66.0217 (9) (b) Within 10 days of receipt of the ordinance, certificate and plat, the secretary of state shall forward 2 copies of the ordinance, certificate and plat to the department of transportation, one copy to the department of administration, one copy to the department of revenue, one copy to the department of public instruction, one copy to the department, one copy to the department of natural resources, one copy to the department of environmental quality, one copy to the department of agriculture, trade and consumer protection and 2 copies to the clerk of the municipality from which the territory was annexed.

AB926, s. 713 Section 713. 66.0221 (1) of the statutes is amended to read:

AB926,154,21 66.0221 (1) Upon its own motion and subject to sub. (3) and ss. 66.0301 (6) (d) and 66.0307 (7), a city or village, by a two-thirds vote of the entire membership of its governing body, may enact an ordinance annexing territory which comprises a portion of a town or towns and which was completely surrounded by territory of the city or village on December 2, 1973. The ordinance shall include all surrounded town areas except those that are exempt by mutual agreement of all of the governing bodies involved. The annexation ordinance shall contain a legal description of the territory and the name of the town or towns from which the territory is detached. Upon enactment of the ordinance, the city or village clerk immediately shall file 6 certified copies of the ordinance in the office of the secretary of state, together with 6 copies of a scale map. The secretary of state shall forward 2 copies of the ordinance and scale map to the department of transportation, one copy to the department of natural resources, one copy to the department of environmental quality, one copy to the department of agriculture, trade and consumer protection, one copy to the department of revenue and one copy to the department of administration. This subsection does not apply if the town island was created only by the annexation of a railroad right-of-way or drainage ditch. This subsection does not apply to land owned by a town government which has existing town government buildings located on the land. No town island may be annexed under this subsection if the island consists of over 65 acres or contains over 100 residents. Section 66.0217 (11) applies to annexations under this subsection. Except as provided in sub. (2), after December 2, 1973, no city or village may, by annexation, create a town area which is completely surrounded by the city or village.

AB926, s. 714 Section 714. 66.0223 (1) of the statutes is amended to read:

AB926,155,16 66.0223 (1) In addition to other methods provided by law and subject to sub. (2) and ss. 59.692 (7), 66.0301 (6) (d), and 66.0307 (7), territory owned by and lying near but not necessarily contiguous to a village or city may be annexed to a village or city by ordinance enacted by the board of trustees of the village or the common council of the city, provided that in the case of noncontiguous territory the use of the territory by the city or village is not contrary to any town or county zoning regulation. The ordinance shall contain the exact description of the territory annexed and the names of the towns from which detached, and attaches the territory to the village or city upon the filing of 7 certified copies of the ordinance in the office of the secretary of state, together with 7 copies of a plat showing the boundaries of the territory attached. Two copies of the ordinance and plat shall be forwarded by the secretary of state to the department of transportation, one copy to the department of administration, one copy to the department of natural resources, one copy to the department of environmental quality, one copy to the department of agriculture, trade and consumer protection, one copy to the department of revenue and one copy to the department of public instruction. Within 10 days of filing the certified copies, a copy of the ordinance and plat shall be mailed or delivered to the clerk of the county in which the annexed territory is located. Sections 66.0203 (8) (c) and 66.0217 (11) apply to annexations under this section.