AB926: Bill Text

AB926,246,9 278.01 Definitions. (1) In this chapter:

AB926,246,10 (a) "Department" means the department of environmental quality.

AB926,246,11 (b) "Secretary" means the secretary of environmental quality.

AB926,246,14 278.10 Environmental wardens. (1) The department shall secure the enforcement of all laws that it is required to administer. The persons appointed by the department to enforce those laws shall be known as environmental wardens.

AB926,246,17 (3) An environmental warden shall, before exercising any powers of an environmental warden, be provided with a commission issued by the department under its seal, substantially as follows:

AB926,246,19 State of Wisconsin Department of Environmental Quality.

AB926,246,20 To all to whom these presents shall come, greeting:

AB926,246,25 Know ye, that reposing special trust and confidence in the integrity and ability of ...., of the county of ...., we do hereby appoint and constitute .... an environmental warden (or special environmental warden) for the state of Wisconsin, and do authorize and empower .... to execute and fulfill the duties of that office according to law, during good behavior and the faithful performance of the duties of that office.

AB926,247,3 In testimony whereof, the secretary has hereunto affixed the secretary's signature and the official seal of the department, at its office in the city of Madison, Wisconsin, this .... day of ...., .... (year)

AB926,247,4 (Seal) State of Wisconsin

AB926,247,5 Department of Environmental Quality.

AB926,247,6 By .... ....

AB926,247,20 (4) The department shall furnish to each environmental warden at the time of the environmental warden's appointment, a pocket identification folder in form and substance as follows: A leather-covered folder, size when folded, 3 by 4 inches; on one of the inner sides thereof shall be securely fastened a photograph of the appointee to be furnished by the appointee, and partly on the photograph and partly on the margin of the folder shall be an impression of the seal of the department. The appointee shall also affix the appointee's signature below the photograph on such folder. On the other inner side of the folder shall be securely fastened a miniature true copy of the commission issued to the appointee, which shall be signed by the secretary. The appointee shall carry the identification folder on his or her person at all times that the appointee is on official duty, and the appointee shall on demand exhibit the folder to any person to whom the appointee may represent himself or herself as an environmental warden. The cost of the identification folder shall be charged to the department.

AB926,248,3 (5) All environmental wardens shall make full and complete reports of their transactions as such, according to the demand of the department, and shall at all times be subject to its direction and control in the performance of their duties. They shall also gather and transmit all statistical information relative to those matters within their charge as the department directs. In its report under s. 15.04 (1) (d) the department shall include information covering all its work and such other information as is valuable to the state in relation thereto and an itemized statement of receipts and disbursements.

AB926,248,14 278.11 Warrants, arrests, and police powers. (1) Generally. The department and its wardens may execute and serve warrants and processes issued under any law enumerated in s. 278.51 (1) in the same manner as any constable may serve and execute the process; and may arrest, with or without a warrant, any person detected in the actual violation, or whom the officer has probable cause to believe is guilty of a violation of any of those laws whether the violation is punishable by criminal penalties or by forfeiture, and may take the person before any court in the county where the offense was committed and make a proper complaint. For the purpose of enforcing the laws enumerated in s. 278.51 (1), any officer may stop and board any boat and stop any vehicle, if the officer reasonably suspects there is a violation of those laws.

AB926,249,9 (2) Additional arrest powers. In addition to the arrest powers under sub. (1), an environmental warden who has completed a program of law enforcement training approved by the law enforcement standards board, has been certified as qualified to be a law enforcement officer under s. 165.85 (4) (b) 1., and has complied with any applicable requirements under s. 165.85 (4) (bn) 1. while on duty and in uniform or on duty and upon display of proper credentials may assist another law enforcement agency, as defined in s. 165.83 (1) (b), including making an arrest at the request of the agency, may arrest a person pursuant to an arrest warrant concerning the commission of a felony, or may arrest a person who has committed a crime in the presence of the environmental warden. If the environmental warden makes an arrest without the presence of another law enforcement agency, the environmental warden shall cause the person arrested to be delivered to the chief of police or sheriff in the jurisdiction where the arrest is made, along with the documents and reports pertaining to the arrest. The environmental warden shall be available as a witness for the state. An environmental warden may not conduct investigations for violations of state law except as authorized in sub. (3). An environmental warden acting under the authority of this subsection is considered an employee of the department and is subject to its direction, benefits, and legal protection. The authority granted in this subsection does not apply to special environmental wardens.

AB926,249,13 (3) Investigations. The department and its environmental wardens shall, upon receiving notice or information of the violation of the laws enumerated in s. 278.51 (1), as soon as possible make a thorough investigation and cause proceedings to be instituted if the evidence warrants it.

AB926,249,19 (4) Seizure. The department and its environmental wardens shall seize and hold, subject to the order of the court for the county in which the alleged offense was committed, any vehicle, boat, or object that they have probable cause to believe is being used in violation of s. 287.81. If it is proven that within 6 months previous to the seizure the vehicle, boat, or object was used in violation of s. 287.81, it shall be confiscated if the court directs in its order for judgment.

AB926,250,2 (5) Sale of confiscated property. (a) All confiscated vehicles, boats, or objects shall, if not destroyed as authorized by law, be sold at the highest price obtainable, by the department, or by an agent on commission under supervision of the department. The net proceeds of sales under this subsection, after deducting the expense of seizure and sale, any commissions, and any amounts owing to holders of security interests under par. (c) or (d), shall be remitted to the department. The remittance shall be accompanied by a report of the sales, supported by vouchers for expenses and commissions, and shall be filed with the department.

AB926,250,6 (b) Of the remittance from the sales of confiscated vehicles, boats, or objects, 18 percent shall be paid into the general fund to reimburse it for expenses incurred in seizure and sale, and the remaining 82 percent shall be paid into the common school fund.

AB926,250,13 (c) 1. In the case of the sale of a confiscated motor vehicle, the department shall make a reasonable effort, within 10 days after seizure, to ascertain if a security interest in the seized motor vehicle exists. The department shall, within 10 days after obtaining actual or constructive notice of any security interest in the seized motor vehicle, give the secured party notice of the time and place of any proceeding before a court pertaining to the confiscation of the motor vehicle. Constructive notice shall be limited to security interests perfected by filing.

AB926,250,17 2. The time of sale of the confiscated motor vehicle shall be within 20 days after judgment of confiscation as provided in sub. (4). The department shall give each secured party discovered in accordance with subd. 1. at least 10 days' notice of the time and place of sale of the motor vehicle.

AB926,251,3 3. If the holder of a security interest in the confiscated motor vehicle, perfected by filing, proves to the court, or after judgment of confiscation, to the department, that the violation that led to the confiscation was not with the knowledge, consent, or connivance of the holder of the security interest or with that of some person employed or trusted by the holder of the security interest, the amount due under the security agreement, together with any other deductions authorized under par. (a), shall be deducted from the proceeds of the sale of the confiscated motor vehicle and the amount due shall be paid to the one entitled. If a sufficient amount does not remain for the full payment of the amount due under the security agreement after making the other deductions authorized under par. (a), the amount remaining shall be paid to the one entitled.

AB926,251,5 (d) The provisions of s. 973.075 (1) (b) 2m. and (5) apply to boats and vehicles, other than motor vehicles, under this subsection.

AB926,251,9 278.12 Exemption from liability. Each environmental warden, in the performance of official duties, is exempt from liability to any person for acts done or permitted or property destroyed by authority of law. No taxable costs or attorney fees shall be allowed to either party in an action against an environmental warden.

AB926,251,12 278.13 Resisting an environmental warden. Any person who assaults or otherwise resists or obstructs any environmental warden in the performance of duty is subject to the penalty specified in s. 939.51 (3) (a).

AB926,251,16 278.14 False impersonation of environmental warden. Any person who falsely represents himself or herself to be an environmental warden or who assumes to act as an environmental warden without having been first duly appointed is subject to the penalty specified in s. 939.51 (3) (a).

AB926,251,22 278.16 Periodicals. (1) Publication. The department may produce, issue, or reprint magazines or other periodicals, on a periodic basis as it determines, pertaining to environmental quality and other similar subjects of general information. The department may distribute its magazines and periodicals by subscription. The department shall charge a fee for any of its magazines or periodicals.

AB926,252,2 (2) Advertising. The department may advertise and sell advertising space in its magazines and other periodicals. The department may advertise or otherwise publicize its magazines and other periodicals. The advertising and publicizing shall be consistent with the goals, purposes, and functions of the department.

AB926,252,10 (3) Subscriber lists. The department may refuse to reveal names and addresses of persons on any magazine or periodical subscriber list. The department may charge a fee to recover the actual costs for providing or for the use of any magazine or periodical subscriber list. No person who obtains or uses any magazine or periodical subscriber list from the department may refer to the department, the magazine, or the periodical as the source of names or addresses unless the person clearly states that the provision of, or permission to use, the subscriber list in no way indicates any of the following:

AB926,252,12 (a) The department's involvement or connection with the person or the person's activities.

AB926,252,14 (b) The department's knowledge, approval, or authorization of the person's activities.

AB926,252,18 (4) Costs. Notwithstanding ss. 20.908 and 35.78 (2) the fee charged by the department in selling each of its magazines and periodicals shall be at least equal to the amount necessary to cover the production, storage, handling, and distribution costs of each magazine and periodical.

AB926,252,23 (5) Use of moneys. The department shall use the moneys collected under this section for the costs specified in sub. (4). If the moneys collected under this section exceed the amount necessary for the costs specified in sub. (4), the department shall use the excess for educational and informational activities concerning the environment.

AB926,253,2 278.165 Promotional activities; other publications. (1) Publications. The department may produce, issue, reprint, and sell publications not published on a periodic basis that pertain to environmental quality and other similar subjects of general information.

AB926,253,5 (1m) Photographs, slides, videotapes, artwork. The department may produce, issue, reprint, and sell photographs, slides, videotapes, and artwork if they pertain to environmental quality and other similar subjects of general information.

AB926,253,8 (2) Advertising space. The department may advertise and sell advertising space in its publications. Any advertising shall be consistent with the goals, purposes, and functions of the department.

AB926,253,12 (3) Promotional activities. The department may promote, through the sale of merchandise or otherwise, advertise or otherwise publicize department programs and department publications. The promotion, advertising, and publicizing shall be consistent with the goals, purposes, and functions of the department.

AB926,253,19 (4) Subscriber lists. The department may refuse to reveal names and addresses of persons on any publication subscriber list. The department may charge a fee to recover the actual costs for providing or for the use of a publication subscriber list. No person who obtains or uses a publication subscriber list from the department may refer to the department or the publication as the source of names or addresses unless the person clearly states that the provision of, or permission to use, the subscriber list in no way indicates any of the following:

AB926,253,21 (a) The department's involvement or connection with the person or the person's activities.

AB926,253,23 (b) The department's knowledge, approval, or authorization of the person's activities.

AB926,254,3 (5) Costs. Notwithstanding ss. 20.908 and 35.78 (2), any price set or fee charged by the department in selling a publication, photograph, slide, videotape, artwork, or promotional merchandise shall be at least equal to the amount necessary to cover the production, promotional, storage, handling, and distribution costs of the publication, photograph, slide, videotape, artwork, or promotional merchandise.

AB926,254,8 (5m) Use of moneys. The department shall use the moneys collected under this section for the costs specified in sub. (5). If the moneys collected under this section exceed the amount necessary for the costs specified in sub. (5), the department shall use the excess for educational and informational activities concerning the environment.

AB926,254,12 (6) Report to legislature. The department shall annually submit a report concerning the activities, receipts, and disbursements under this section for the preceding fiscal year to the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s. 13.172 (3).

AB926,254,16 278.322 Fees for computer accessible water resource management information. The department may charge a fee for providing any information that it maintains in a format that may be accessed by computer concerning the waters of this state, including maps and other water resource management information.

AB926,254,23 278.40 Environmental impact report and statement. (1) Determination if environmental impact statement is required. Any person who files an application for a permit, license, or approval granted or issued by the department, shall submit with the application a statement of the estimated cost of the project or proposed action for which the person seeks a permit, license, or approval. The department may seek such further information as it considers necessary to determine whether it must prepare an environmental impact statement under s. 1.11.

AB926,255,3 (1m) Environmental impact report. The department may require an applicant for a permit, license, or approval, to submit an environmental impact report if the area affected exceeds 40 acres, the estimated cost of the project exceeds $25,000, or the applicant is requesting approval for a high capacity well described in s. 281.34 (4) (a) 1. to 3.

AB926,255,5 (2) Notification; estimate of fee. (a) If the department is required to prepare an environmental impact statement, it shall notify the person by certified mail.

AB926,255,7 (b) The department shall indicate the estimated environmental impact statement fee.

AB926,255,10 (3) Environmental impact statement fee. (a) The department shall charge an environmental impact statement fee if it is required to prepare an environmental impact statement or if it enters into a preapplication service agreement.

AB926,255,15 (b) The amount of the environmental impact statement fee shall equal the full cost of the preparation of the environmental impact statement and the full cost of any preapplication services if the department enters into a preapplication service agreement. These costs shall include the cost of authorized consultant services and the costs of printing and postage.

AB926,255,18 (c) The department shall determine the manner in which the environmental impact statement fee is to be paid. The department may require periodic payments if preapplication services are provided.

AB926,255,23 (d) Except as provided in par. (e), the department shall deposit any environmental impact statement fee into the general fund and shall designate clearly the amount of the fee related to the cost of authorized environmental consultant services and the amount of the fee related to the cost of printing and postage.

AB926,256,3 (e) The department shall credit any environmental impact statement fee for a project involving the generation of electricity to the appropriation under s. 20.375 (2) (ah).

AB926,256,14 (4) Preapplication service agreement. The department may enter into an agreement to provide preapplication services necessary to evaluate the environmental impact of a project or proposed activity, monitor major developments, and expedite the anticipated preparation of an environmental impact statement if the project or proposed activity is large, complex, or environmentally sensitive and if the person planning the project or proposed activity agrees in writing even though that person has not filed an application for any permit, license, or approval granted or issued by the department, and no environmental impact statement has been prepared. Preapplication services include preliminary environmental reviews, field studies and investigations, laboratory studies and investigations, and advisory services.

AB926,256,18 (5) Authorized environmental consultant services. The department may enter into contracts for environmental consultant services under s. 278.41 to assist in the preparation of an environmental impact statement or to provide preapplication services.

AB926,256,20 (6) Exemption from fee for municipalities. Subsections (2) (b) and (3) do not apply with respect to municipalities, as defined in s. 345.05 (1) (c).

AB926,256,21 278.41 Construction and service contracts. (1) In this section:

AB926,256,25 (a) "Construction work" includes all labor and materials used in the erection, installation, alteration, repair, moving, conversion, demolition, or removal of any building, structure, or facility, or any equipment attached to a building, structure, or facility.

AB926,257,2 (b) "Environmental consultant services" includes services provided by environmental scientists, engineers, and other experts.

AB926,257,6 (2) The department may contract for construction work related to hazardous substance spill response under s. 292.11 or environmental repair under s. 292.31 or for engineering services or environmental consultant services in connection with that construction work.

AB926,257,9 (3) The department may contract for environmental consultant services to assist in the preparation of an environmental impact statement or to provide preapplication services under s. 278.40.

AB926,257,11 (4) Each contract entered into under this section shall be signed by the secretary or the secretary's designee on behalf of the state.

AB926,257,25 (5) Each contract for construction work entered into by the department under this section shall be awarded on the basis of bids or competitive sealed proposals in accordance with procedures established by the department. Each contract for construction work shall be awarded to the lowest responsible bidder or the person submitting the most advantageous competitive sealed proposal as determined by the department. If the bid of the lowest responsible bidder or the proposal of the person submitting the most advantageous competitive sealed proposal is determined by the department to be in excess of the estimated reasonable value of the work or not in the public interest, the department may reject all bids or competitive sealed proposals. Every such contract is exempted from ss. 16.70 to 16.75, 16.755, 16.76, 16.767 to 16.77, 16.78 to 16.82, 16.855, 16.87, and 16.89, but ss. 16.528, 16.753 16.754, and 16.765 apply to the contract. Every such contract involving an expenditure of more than $60,000 is not valid until the contract is approved by the governor.

AB926,258,3 (5m) If the governor or the governor's designee determines that it is in the best interest of this state, he or she may waive the requirement under sub. (5) for bids or competitive sealed proposals under any of the following circumstances:

AB926,258,5 (a) In an emergency involving the public health, welfare, or safety or the environment.

AB926,258,9 (b) The department desires to use innovative or patented technology that is available from only one source and that in the judgment of the department would provide the best practicable hazardous substance spill response under s. 292.11 or environmental repair under s. 292.31.

AB926,258,12 (6) The department shall attempt to ensure that at least 5 percent of the total amount expended under this section in each fiscal year is paid to minority businesses, as defined in s. 16.75 (3m) (a).

AB926,258,18 278.49 Credit card use charges. The department shall certify to the secretary of administration the amount of charges associated with the use of credit cards that is assessed to the department on deposits accepted under s. 278.66 (1m) by environmental wardens, and the secretary of administration shall pay the charges from moneys received under s. 59.25 (3) (j) and (k) that are reserved for payment of the charges under s. 20.907 (5) (e) 12e.

AB926,258,21 Subchapter II Enforcement of certain environmental laws

AB926,258,24 278.50 Words and phrases defined. In ss. 278.50 to 278.90 the following words and phrases have the designated meanings unless the context clearly indicates a different meaning:

AB926,259,3 (1m) "Citation" means a pleading of essential facts and applicable law coupled with a demand for judgment, that notifies the person cited of a violation specified in s. 278.51 (1) and requests the person to appear in court.

AB926,259,5 (2) "Complaint" means the pleading of essential facts and applicable law coupled with a demand for judgment.

AB926,259,6 (2L) "Corporation" includes a limited liability company.

AB926,259,8 (3) "Enforcing officer" means peace officer as defined by s. 939.22 (22), or a person who has authority to act pursuant to a specific statute.

AB926,259,10 (7) "Summons" means an order to appear in court at a particular time and place.

AB926,259,17 278.51 Procedure in forfeiture actions. (1) The procedure in this subchapter applies to all actions in circuit court to recover forfeitures, plus costs, fees, and surcharges imposed under ch. 814, for violations of ss. 281.48 (2) to (5), 283.33, 285.57 (2), 285.59 (2), (3) (c), and (4), 287.07, 287.08, 287.81, and 299.64 (2), subchs. I to III of ch. 30, and ch. 31, and any administrative rules promulgated thereunder, violations to which s. 299.85 (7) (a) 2. or 4. applies, and violations specified under s. 280.98 (2) or 285.86.

AB926,259,19 (2) All actions to recover these forfeitures and costs, fees, and surcharges imposed under ch. 814 are civil actions in the name of the state of Wisconsin.

AB926,259,21 (3) If a fine or imprisonment, or both, is imposed for a violation specified in sub. (1), the procedure in ch. 968 applies.

AB926,259,23 278.52 Two forms of action. Actions under this subchapter may be commenced by a citation, or by a complaint and summons.

AB926,260,3 278.53 Use of citation. (1) If an action under this subchapter is commenced by a citation, the citation form under s. 278.54 shall be used, except that the uniform traffic citation created under s. 345.11 may be used by an officer of a law enforcement agency of a municipality or county or a traffic officer employed under s. 110.07 in enforcing s. 287.81.

AB926,260,6 (2) The use of the citation form under s. 278.54 by any enforcing officer in connection with a violation is adequate process to give the appropriate court jurisdiction over the person upon the filing of the citation with the court.

AB926,260,8 278.54 Citation form. (1) The citation form for actions under this subchapter shall contain a complaint, a case history, and a report of court action on the case.

AB926,260,11 (2) It must appear on the face of the citation that there is probable cause to believe that a violation has been committed and that the defendant has committed that violation.

AB926,260,12 (3) The citation form shall provide spaces for all of the following:

AB926,260,14 (a) The name, address, social security number, and date of birth of the defendant.

AB926,260,15 (b) The department permit or license number of the defendant, if applicable.

AB926,260,16 (c) The name and department of the issuing officer.

AB926,260,20 (d) The violation alleged; the time and place of occurrence; a statement that the defendant committed the violation; the statute, administrative rule, or ordinance violated; and a designation of the violation in language that can be readily understood by a person making a reasonable effort to do so.