AB926: Bill Text

AB926, s. 1130 Section 1130. 299.95 of the statutes is amended to read:

AB926,313,15 299.95 Enforcement; duty of department of justice; expenses. The attorney general shall enforce chs. 281 to 285 and 289 to 295 and this chapter, except ss. 285.57, 285.59, and 299.64, and all rules, special orders, licenses, plan approvals, permits, and water quality certifications of the department, except those promulgated or issued under ss. 285.57, 285.59, and 299.64 and except as provided in ss. 285.86 and 299.85 (7) (am). The circuit court for Dane county or for any other county where a violation occurred in whole or in part has jurisdiction to enforce chs. 281 to 285 and 289 to 295 or this chapter or the rule, special order, license, plan approval, permit, or certification by injunctional and other relief appropriate for enforcement. For purposes of this proceeding where chs. 281 to 285 and 289 to 295 or this chapter or the rule, special order, license, plan approval, permit or certification prohibits in whole or in part any pollution, a violation is considered a public nuisance. The department of natural resources environmental quality may enter into agreements with the department of justice to assist with the administration of chs. 281 to 285 and 289 to 295 and this chapter. Any funds paid to the department of justice under these agreements shall be credited to the appropriation account under s. 20.455 (1) (k).

AB926, s. 1131 Section 1131. 303.04 of the statutes is amended to read:

AB926,313,21 303.04 Correctional farms. The board of commissioners of public lands, the department of natural resources, the department of agriculture, trade and consumer protection, and the department may select from the state forest reserves a quantity of land not to exceed 5,000 acres and convert the same into farms for the state prisons.

AB926, s. 1132 Section 1132. 323.60 (4) (intro.) of the statutes, as affected by 2009 Wisconsin Act 42, is amended to read:

AB926,313,25 323.60 (4) Duties of the department of natural resources environmental quality. (intro.) The department of natural resources environmental quality shall:

AB926, s. 1133 Section 1133. 323.60 (4) (b) of the statutes, as affected by 2009 Wisconsin Act 42, is amended to read:

AB926,314,10 323.60 (4) (b) Have the same powers and duties at the time of a release of a hazardous substance as are given to it under s. 292.11, including the investigation of releases of hazardous substances, the repair of any environmental damage which results from the release and the recovery of costs from responsible parties. The department of natural resources environmental quality may also, at the time of a release of a hazardous substance, identify and recommend to the division and the committee measures to lessen or mitigate anticipated environmental damage resulting from the release.

AB926, s. 1134 Section 1134. 323.60 (5) (b) of the statutes, as affected by 2009 Wisconsin Act 42, is amended to read:

AB926,314,18 323.60 (5) (b) All facilities in this state covered under 42 USC 11004 shall comply with the notification requirements of 42 USC 11004. Notification of the department of natural resources environmental quality of the discharge of a hazardous substance under s. 292.11 (2) shall constitute the notification of the division required under 42 USC 11004 if the notification contains the information specified in 42 USC 11004 (b) (2) or (c).

AB926, s. 1135 Section 1135. 323.60 (5) (d) (intro.) of the statutes, as affected by 2009 Wisconsin Act 42, is amended to read:

AB926,314,24 323.60 (5) (d) (intro.) The following facilities shall comply with the toxic chemical release form requirements under 42 USC 11023 and shall submit copies of all toxic chemical release forms to the department of natural resources environmental quality:

AB926, s. 1136 Section 1136. 323.71 (2) of the statutes, as affected by 2009 Wisconsin Act 42, is amended to read:

AB926,315,11 323.71 (2) If action required under sub. (1) is not being adequately taken or the identity of the person responsible for an emergency involving a release or potential release of a hazardous substance is unknown and the emergency involving a release or potential release threatens public health or safety or damage to property, a local agency may take any emergency action that is consistent with the contingency plan for the undertaking of emergency actions in response to the release or potential release of hazardous substances established by the department of natural resources environmental quality under s. 292.11 (5) and that it considers appropriate under the circumstances.

AB926, s. 1137 Section 1137. 340.01 (3) (b) of the statutes is amended to read:

AB926,315,15 340.01 (3) (b) Conservation wardens' vehicles, state forest rangers' vehicles, environmental wardens' vehicles, foresters' trucks, or vehicles used by commission wardens, whether publicly or privately owned.

AB926, s. 1138 Section 1138. 341.65 (2) (b) of the statutes is amended to read:

AB926,316,6 341.65 (2) (b) Any municipal or university police officer, sheriff's deputy, county traffic patrolman, state traffic officer, state forest ranger, conservation warden, or parking enforcer who discovers any unregistered motor vehicle located upon any highway may cause the motor vehicle to be immobilized with an immobilization device or removed to a suitable place of impoundment. Upon immobilization or removal of the motor vehicle, the officer, state forest ranger, conservation warden, or parking enforcer shall notify the sheriff or chief of police of the location of the immobilized or impounded motor vehicle and the reason for the immobilization or impoundment. Upon causing the removal of the motor vehicle by a towing service, the officer, state forest ranger, conservation warden, or parking enforcer shall, within 24 hours of ordering the removal, notify the towing service of the name and last-known address of the registered owner and all lienholders of record of the vehicle, unless the officer or parking enforcer is employed by a municipality or county that has entered into a towing services agreement which requires the municipality or county to provide notice to such owner and lienholders of the towing.

AB926, s. 1139 Section 1139. 342.40 (3) (a) of the statutes is amended to read:

AB926,316,21 342.40 (3) (a) Any municipal or university police officer, police officer appointed under s. 16.84 (2), sheriff's deputy, county traffic patrolman, state traffic officer, state forest ranger, or conservation warden who discovers any motor vehicle, trailer, semitrailer, or mobile home on any public highway or private or public property which has been abandoned shall cause the vehicle to be removed to a suitable place of impoundment. Upon removal of the vehicle the officer, state forest ranger, or conservation warden shall notify the sheriff or chief of police of the abandonment and of the location of the impounded vehicle. Upon causing the removal of the motor vehicle by a towing service, the officer, state forest ranger, or conservation warden shall, within 24 hours of ordering the removal, notify the towing service of the name and last-known address of the registered owner and all lienholders of record of the vehicle, unless the officer is employed by a municipality or county that has entered into a towing services agreement which requires the municipality or county to provide notice to such owner and lienholders of the towing.

AB926, s. 1140 Section 1140. 345.11 (1j) of the statutes, as created by 2009 Wisconsin Act 55, is amended to read:

AB926,317,3 345.11 (1j) The uniform traffic citation or the citation form under s. 23.54 may be used for violations of s. 30.07 30.795. When the uniform traffic citation is used, the report of conviction shall be forwarded to the department of natural resources. When the citation form under s. 23.54 is used, the procedure in ss. 23.50 to 23.85 applies.

AB926, s. 1141 Section 1141. 345.20 (2) (g) of the statutes is amended to read:

AB926,317,9 345.20 (2) (g) Sections 23.50 to 23.85 278.50 to 278.90 apply to actions in circuit court to recover forfeitures for violations of s. 287.81. No points may be assessed against the driving record of a person convicted of a violation of s. 287.81. The report of conviction and abstract of court record copy of the citation form shall be forwarded to the department.

AB926, s. 1142 Section 1142. 347.06 (1) of the statutes is amended to read:

AB926,317,14 347.06 (1) Except as provided in subs. (2) and, (4), and (5), no person may operate a vehicle upon a highway during hours of darkness unless all headlamps, tail lamps and clearance lamps with which such vehicle is required to be equipped are lighted. Parking lamps as defined in s. 347.27 shall not be used for this purpose.

AB926, s. 1143 Section 1143. 347.06 (5) of the statutes is created to read:

AB926,317,19 347.06 (5) A state forest ranger appointed under s. 28.92 may operate a vehicle owned or leased by the department of agriculture, trade and consumer protection upon a highway during hours of darkness without lighted headlamps, tail lamps, or clearance lamps in the performance of his or her duties.

AB926, s. 1144 Section 1144. 350.01 (9g) of the statutes is amended to read:

AB926,317,23 350.01 (9g) "Law enforcement officer" has the meaning specified under s. 165.85 (2) (c) and includes a person appointed as a conservation warden by the department under s. 23.10 (1) or a state forest ranger appointed under s. 28.92.

AB926, s. 1145 Section 1145. 350.12 (3h) (g) of the statutes is amended to read:

AB926,318,3 350.12 (3h) (g) Receipt of fees. All fees remitted to or collected by the department under par. (ar) shall be credited to the appropriation account under s. 20.370 (9) (hu) (1) (jw).

AB926, s. 1146 Section 1146. 350.12 (4) (a) (intro.) of the statutes is amended to read:

AB926,318,7 350.12 (4) (a) Enforcement, administration and related costs. (intro.) The moneys appropriated from s. 20.370 (3) (1) (ak) and, (aq), (tu), and (tw) and (5) (es) and (9) (mu) and (mw) may be used for the following:

AB926, s. 1147 Section 1147. 350.12 (4) (a) 3m. of the statutes is amended to read:

AB926,318,10 350.12 (4) (a) 3m. The cost of state law enforcement efforts as appropriated under s. 20.370 (3) (1) (ak) and (aq); and

AB926, s. 1148 Section 1148. 350.12 (4) (am) of the statutes is amended to read:

AB926,318,15 350.12 (4) (am) Enforcement aids to department. Of the amounts appropriated under s. 20.370 (3) (1) (ak) and (aq), the department shall allocate $26,000 in each fiscal year to be used exclusively for the purchase of snowmobiles or trailers to carry snowmobiles, or both, to be used in state law enforcement efforts.

AB926, s. 1149 Section 1149. 350.12 (4) (b) (intro.) of the statutes is amended to read:

AB926,318,22 350.12 (4) (b) Trail aids and related costs. (intro.) The moneys appropriated under s. 20.370 (1) (mq) and (5) (cb), (cr), (cs), and (cw) and s. 20.115 (5) (sm) shall be used for development and maintenance, the cooperative snowmobile sign program, major reconstruction or rehabilitation to improve bridges on existing approved trails, trail rehabilitation, signing of snowmobile routes, and state snowmobile trails and areas and distributed as follows:

AB926, s. 1150 Section 1150. 350.12 (4) (bg) 1. of the statutes is amended to read:

AB926,319,5 350.12 (4) (bg) 1. Of the moneys appropriated under s. 20.370 (5) (cs), the department of natural resources shall make available in fiscal year 2001-02 and each fiscal year thereafter an amount equal to the amount calculated under s. 25.29 (1) (d) 2. to make payments to itself, to the department of agriculture, trade and consumer protection, or to a county under par. (bm) for trail maintenance costs incurred in the previous fiscal year that exceed the maximum specified under par. (b) 1. before expending any of the amount for the other purposes specified in par. (b).

AB926, s. 1151 Section 1151. 350.12 (4) (bm) (intro.) of the statutes is amended to read:

AB926,319,10 350.12 (4) (bm) Supplemental trail aids; eligibility. (intro.) A county or the department of agriculture, trade and consumer protection shall be eligible for payments under par. (bg) for a given fiscal year if it applies for the aid and if all of the following apply:

AB926, s. 1152 Section 1152. 350.12 (4) (bm) 1. of the statutes is amended to read:

AB926,319,15 350.12 (4) (bm) 1. The actual cost incurred by the department of agriculture, trade and consumer protection or the county in maintaining its trails that are qualified under par. (b) 1. or 4. in the previous fiscal year exceeds the maximum of $250 per mile per year under par. (b) 1.

AB926, s. 1153 Section 1153. 350.12 (4) (bm) 2. of the statutes is amended to read:

AB926,319,21 350.12 (4) (bm) 2. Of the actual cost incurred by the department of natural resources, the department of agriculture, trade and consumer protection, or the county in maintaining its trails that are qualified under par. (b) 1. or 4. for the fiscal year applicable under subd. 1., the actual cost incurred in grooming the trails exceeds a maximum of $150 per mile per year.

AB926, s. 1154 Section 1154. 350.12 (4) (br) of the statutes is amended to read:

AB926,320,4 350.12 (4) (br) Supplemental trail aids; insufficient funding. If the aid under par. (bm) that is payable to counties and, to the department under par. (bm) of natural resources, and to the department of agriculture, trade and consumer protection exceeds the moneys available under par. (bg), the department may prorate the payments or may request the joint committee on finance to take action under s. 13.101. The requirement of a finding of emergency under s. 13.101 (3) (a) 1. does not apply to such a request.

AB926, s. 1155 Section 1155. 350.12 (4) (c) of the statutes is amended to read:

AB926,320,8 350.12 (4) (c) 1. Any moneys appropriated under s. 20.370 (1) (aq), (mq), (3) (aq) or (9) (mw) or (tw) that lapse shall revert to the snowmobile account in the conservation fund.

AB926,320,14 2. If any moneys appropriated under s. 20.370 (9) (mu) (1) (tu) lapse, a portion of those moneys shall revert to the snowmobile account in the conservation fund. The department shall calculate that portion by multiplying the total amount lapsing from the appropriation by the same percentage the department used for the fiscal year to determine the amount to be expended under the appropriation for snowmobile registration.

AB926, s. 1156 Section 1156. 350.14 (1) of the statutes is amended to read:

AB926,320,20 350.14 (1) The snowmobile recreational council shall carry out studies and make recommendations to the legislature, governor, department of natural resources, the department of agriculture, trade and consumer protection, and department of transportation on all matters related to this chapter or otherwise affecting snowmobiles and snowmobiling.

AB926, s. 1157 Section 1157. 350.145 (3) (a) 1. of the statutes is amended to read:

AB926,320,25 350.145 (3) (a) 1. Before June 30 of each even-numbered year, the department shall consult with the department of agriculture, trade and consumer protection and the snowmobile recreational council on the proposed changes for the succeeding biennium in the appropriations and laws that affect snowmobiles and snowmobiling.

AB926, s. 1158 Section 1158. 350.15 (3) (a) of the statutes is amended to read:

AB926,321,7 350.15 (3) (a) If a snowmobile accident results in the death of any person, or in an injury that requires the treatment of a person by a physician, the operator of each snowmobile involved in the accident shall give notice of the accident to a conservation warden or local law enforcement officer as soon as possible and, within 10 days after the accident, shall file a written report of the accident with the department on the form prescribed by it.

AB926, s. 1159 Section 1159. 350.17 (1) of the statutes is amended to read:

AB926,321,11 350.17 (1) Any law enforcement officer of the state traffic patrol under s. 110.07 (1), inspector under s. 110.07 (3), warden of the department under s. 23.10, county sheriff or municipal peace officer may enforce the provisions of this chapter.

AB926, s. 1160 Section 1160. 560.11 (1) (a) of the statutes is amended to read:

AB926,321,18 560.11 (1) (a) Advise the department of natural resources environmental quality concerning the effectiveness of the small business stationary source technical and environmental compliance assistance program under s. 285.79, difficulties encountered by small business stationary sources, as defined in s. 285.79 (1), in complying with s. 299.15 and ch. 285 and the degree and severity of enforcement of s. 299.15 and ch. 285 against small business stationary sources.

AB926, s. 1161 Section 1161. 560.11 (2) of the statutes is amended to read:

AB926,321,25 560.11 (2) The employees of the department of commerce who staff the small business ombudsman clearinghouse under s. 560.03 (9) and the employees of the department of natural resources environmental quality who staff the small business stationary source technical and environmental compliance assistance program under s. 285.79 shall provide the small business environmental council with the assistance necessary to comply with sub. (1).

AB926, s. 1162 Section 1162. 560.13 (2) (a) 1m. of the statutes is amended to read:

AB926,322,7 560.13 (2) (a) 1m. The recipient does not use the grant proceeds to pay lien claims of the department of natural resources environmental quality or the federal environmental protection agency based on investigation or remediation activities of the department of natural resources environmental quality or the federal environmental protection agency or to pay delinquent real estate taxes or interest or penalties that relate to those taxes.

AB926, s. 1163 Section 1163. 560.13 (5) of the statutes is amended to read:

AB926,322,11 560.13 (5) Before the department awards a grant under this section, the department shall consider the recommendations of the department of administration and the department of natural resources environmental quality.

AB926, s. 1164 Section 1164. 560.19 (3) of the statutes is amended to read:

AB926,322,17 560.19 (3) In coordination with the solid and hazardous waste education center under s. 36.25 (30) and the department of natural resources environmental quality, the department shall conduct an education, environmental management and technical assistance program to promote pollution prevention among businesses in the state.

AB926, s. 1165 Section 1165. 778.104 (title) of the statutes is amended to read:

AB926,322,20 778.104 (title) Department of natural resources and department of environmental quality forfeitures; how recovered.

AB926, s. 1166 Section 1166. 778.104 of the statutes is renumbered 778.104 (1) and amended to read:

AB926,322,25 778.104 (1) If there is a conflict with this chapter, the procedure in ss. 23.50 to 23.85 shall be followed in actions to recover forfeitures for the violation of those natural resources laws enumerated in s. 23.50.

AB926, s. 1167 Section 1167. 778.104 (2) of the statutes is created to read:

AB926,323,4 778.104 (2) If there is a conflict with this chapter, the procedure in ss. 278.50 to 278.90 shall be followed in actions to recover forfeitures for the violation of those laws enumerated in s. 278.51 (1).

AB926, s. 1168 Section 1168. 778.30 (1) (intro.) of the statutes is amended to read:

AB926,323,10 778.30 (1) (intro.) In addition to the procedures under s. 23.795, 278.795, or 345.47 or under this chapter for the collection of forfeitures, costs, assessments, surcharges or restitution payments if a defendant fails to pay the forfeiture, costs, assessment, surcharge or restitution payment within the period specified by the circuit court, the court may do any of the following:

AB926, s. 1169 Section 1169. 800.02 (2) (a) (intro.) of the statutes is amended to read:

AB926,323,21 800.02 (2) (a) (intro.) The citation shall be signed by a peace officer or endorsed by a municipal attorney or, if applicable, signed by a conservation warden or a state forest ranger. In addition, the governing body of a municipality authorized to adopt the use of citations may designate by ordinance or resolution other municipal officials who may issue citations with respect to ordinances which are directly related to the official responsibilities of the officials. Officials granted the authority to issue citations may delegate, with the approval of the governing body, the authority to employees. Authority delegated to an official or employee may be revoked only in the same manner by which it is conferred. The citation shall contain substantially the following information:

AB926, s. 1170 Section 1170. 814.77 (5) of the statutes is repealed.

AB926, s. 1171 Section 1171. 814.785 of the statutes is created to read:

AB926,324,3 814.785 Surcharges in ch. 278 forfeiture actions. In addition to any forfeiture imposed in an action under s. 278.51, a defendant shall pay the following surcharges if applicable:

AB926,324,4 (1) The court support services surcharge under s. 814.85.

AB926,324,6 (2) The crime laboratories and drug law enforcement surcharge under s. 165.755.

AB926,324,7 (3) The environmental surcharge under s. 299.93.

AB926,324,8 (4) The jail surcharge under s. 302.46 (1).

AB926,324,9 (5) The justice information system surcharge under s. 814.86 (1).