RCT:bjk:rs
2009 - 2010 LEGISLATURE
March 4, 2009 - Introduced by Representatives Molepske Jr., Black, Kerkman,
Benedict, Townsend, A. Ott
and Clark, cosponsored by Senators Lassa,
Taylor
and Lehman. Referred to Committee on Natural Resources.
AB114,1,6 1An Act to amend 23.50 (1), 23.53 (1), 110.07 (1) (a) 1. and 3., 110.07 (1) (b),
2165.755 (1) (b), 287.81 (title), 299.95, 302.46 (1) (a), 345.11 (1u), 345.20 (2) (g),
3757.05 (1) (a), 814.85 (1) (a) and 814.86 (1); to repeal and recreate 23.50 (1);
4and to create 60.24 (3) (vm), 287.81 (1) (as), 287.81 (4) and (5) and 289.97 (2)
5of the statutes; relating to: open burning of solid waste, illegal storage or
6disposal of waste tires, and providing a penalty.
Analysis by the Legislative Reference Bureau
Open burning
Under current law, the Department of Natural Resources (DNR) regulates solid
waste management, including the open burning of solid waste. Open burning is
burning from which smoke is emitted directly into the air, without passing through
a chimney. Under current law, DNR issues citations (similar to traffic tickets) for
violations of certain laws, such as those regulating hunting, fishing, and littering.
As with most environmental laws, the Department of Justice enforces the laws
related to open burning by prosecuting violations in circuit court. This bill
authorizes DNR and local law enforcement officials to issue citations for violations
of laws or licenses regulating the open burning of solid waste.
Under the bill, there is no penalty connected with a citation for an open burning
violation that is committed within a year after the bill takes effect. After that, the

bill provides a maximum forfeiture (civil penalty) of $500 for an open burning
violation for which a citation is issued, except that the maximum forfeiture is $5 for
a first offense involving a person burning limited amounts of residential solid waste
on the person's own property. In addition, the bill exempts a person who is subject
to the $5 maximum forfeiture from the crime laboratories and drug law enforcement
surcharge, the the jail surcharge, the penalty surcharge, the court support services
surcharge, and the justice information system surcharge.
Waste tires
Under current law, DNR issues operating licenses and approves plans of
operation for facilities at which solid waste is stored, treated, or disposed of. This bill
authorizes DNR to issue a citation to a person who operates a solid waste facility at
which waste tires are stored, treated, or disposed of without a license or in violation
of an approved plan of operation.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB114, s. 1 1Section 1. 23.50 (1) of the statutes is amended to read:
AB114,2,122 23.50 (1) The procedure in ss. 23.50 to 23.85 applies to all actions in circuit
3court to recover forfeitures, plus costs, fees, and surcharges imposed under ch. 814,
4for violations of ss. 77.09, 90.21, 134.60, 167.10 (3), 167.31 (2), 281.48 (2) to (5),
5283.33, 285.57 (2), 285.59 (2), (3) (c) and (4), 287.07, 287.08, 287.81 and 299.64 (2),
6subch. VI of ch. 77, this chapter, and chs. 26 to 31, ch. 169, and ch. 350, and any
7administrative rules promulgated thereunder, violations specified under s. 280.98
8(2) or 285.86, violations of ch. 951 if the animal involved is a captive wild animal,
9violations of rules of the Kickapoo reserve management board under s. 41.41 (7) (k),
10violations to which s. 289.97 (2) or 299.85 (7) (a) 2. or 4. applies, or violations of local
11ordinances enacted by any local authority in accordance with s. 23.33 (11) (am) or
1230.77.
AB114, s. 2
1Section 2. 23.50 (1) of the statutes, as affected by 2005 Wisconsin Act 360 and
22007 Wisconsin Act ... (this act), is repealed and recreated to read:
AB114,3,133 23.50 (1) The procedure in ss. 23.50 to 23.85 applies to all actions in circuit
4court to recover forfeitures, plus costs, fees, and surcharges imposed under ch. 814,
5for violations of ss. 77.09, 90.21, 134.60, 167.10 (3), 167.31 (2), 281.48 (2) to (5),
6283.33, 285.57 (2), 285.59 (2), (3) (c) and (4), 287.07, 287.08, 287.81 and 299.64 (2),
7subch. VI of ch. 77, this chapter, and chs. 26 to 31, ch. 169, and ch. 350, and any
8administrative rules promulgated thereunder, violations specified under s. 280.98
9(2) or 285.86, violations of ch. 951 if the animal involved is a captive wild animal,
10violations of rules of the Kickapoo reserve management board under s. 41.41 (7) (k),
11violations to which s. 289.97 (2) or 299.85 (7) (a) 2. or 4. applies, or violations of local
12ordinances enacted by any local authority in accordance with s. 23.33 (11) (am) or
1330.77.
AB114, s. 3 14Section 3. 23.53 (1) of the statutes is amended to read:
AB114,4,315 23.53 (1) The citation created under this section shall, in all actions to recover
16forfeitures, plus costs, fees, and surcharges imposed under ch. 814, for violations of
17those statutes enumerated in s. 23.50 (1), any administrative rules promulgated
18thereunder, and any rule of the Kickapoo reserve management board under s. 41.41
19(7) (k) be used by any law enforcement officer with authority to enforce those laws,
20except that the uniform traffic citation created under s. 345.11 may be used by a
21traffic officer employed under s. 110.07 in enforcing s. 167.31 or by an officer of a law
22enforcement agency of a municipality or county or a traffic officer employed under
23s. 110.07 in enforcing s. 287.81 (2). In accordance with s. 345.11 (1m), the citation
24shall not be used for violations of ch. 350 relating to highway use. The citation may
25be used for violations of local ordinances enacted by any local authority in accordance

1with s. 23.33 (11) (am) or 30.77. In addition, the citation may be used by a town
2chairperson or a municipal or county law enforcement officer for violations of s.
3287.81 (4).
AB114, s. 4 4Section 4. 60.24 (3) (vm) of the statutes is created to read:
AB114,4,55 60.24 (3) (vm) Enforce restrictions on open burning under s. 287.81 (4).
AB114, s. 5 6Section 5. 110.07 (1) (a) 1. and 3. of the statutes are amended to read:
AB114,4,107 110.07 (1) (a) 1. Enforce and assist in the administration of this chapter and
8chs. 166, 194, 218, 341 to 349 and 351, and ss. 23.33, 125.07 (4) (b), 125.085 (3) (b),
9167.31 (2) (b) to (d) and 287.81 (2) and ch. 350 where applicable to highways, or orders
10or rules issued pursuant thereto.
AB114,4,1511 3. Have authority to enter any place where vehicles subject to this chapter, ss.
12167.31 (2) (b) to (d) and 287.81 (2) and chs. 194, 218 and 341 to 350 are stored or
13parked at any time to examine such vehicles, or to stop such vehicles while en route
14at any time upon the public highways to examine the same and make arrests for all
15violations thereof.
AB114, s. 6 16Section 6. 110.07 (1) (b) of the statutes is amended to read:
AB114,4,2117 110.07 (1) (b) All municipal judges, judges, district attorneys and law
18enforcement officers shall assist in enforcing this chapter, ss. 167.31 (2) (b) to (d) and
19287.81 (2) and chs. 194, 218 and 341 to 351, and orders or rules issued pursuant
20thereto and shall report to the department the disposition of every uniform traffic
21citation issued for cases involving those chapters.
AB114, s. 7 22Section 7. 165.755 (1) (b) of the statutes is amended to read:
AB114,5,623 165.755 (1) (b) A court may not impose the crime laboratories and drug law
24enforcement surcharge under par. (a) for a violation of s. 101.123 (2) (a), (am) 1., (ar),
25(bm), (br), or (bv) or (5) (b), for a violation of s. 287.81 (4) (a) to which s. 287.81 (4) (b)

13. applies,
for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or
2350.101 (1) (b), if the person who committed the violation had a blood alcohol
3concentration of 0.08 or more but less than 0.1 at the time of the violation, or for a
4violation of a state law or municipal or county ordinance involving a nonmoving
5traffic violation, a violation under s. 343.51 (1m) (b), or a safety belt use violation
6under s. 347.48 (2m).
AB114, s. 8 7Section 8. 287.81 (title) of the statutes is amended to read:
AB114,5,8 8287.81 (title) Littering; open burning.
AB114, s. 9 9Section 9. 287.81 (1) (as) of the statutes is created to read:
AB114,5,1310 287.81 (1) (as) "Open burning" means burning from which the products of
11combustion are emitted into the air without passing through a stack or chimney,
12except that "open burning" does not include combustion occurring at a properly
13operated air curtain destructor, as defined in s. 289.51 (1) (a).
AB114, s. 10 14Section 10. 287.81 (4) and (5) of the statutes are created to read:
AB114,5,1915 287.81 (4) (a) No person may engage in open burning of solid waste on or along
16any highway, on the ice of any waters of the state, or on any other public or private
17property unless the open burning conforms with chs. 285, 289, and 291 and rules
18promulgated and permits, licenses, and other approvals issued under those
19chapters.
AB114,5,2220 (b) 1. Any person who violates par. (a) before the first day of the 13th month
21beginning after the effective date of this subdivision .... [LRB inserts date], is not
22subject to a penalty under this paragraph.
AB114,5,2523 2. Except as provided in subd. 3., any person who violates par. (a) on or after
24the first day of the 13th month beginning after the effective date of this subdivision
25.... [LRB inserts date], may be required to forfeit not more than $500.
AB114,6,3
13. For a first violation of par. (a) involving 60 or fewer gallons of residential solid
2waste burned on the property on which it was generated, the maximum forfeiture is
3$5.
AB114,6,7 4(5) No common law liability, and no statutory liability that is provided in a
5statute other than this section, is affected by this section, except that if the
6department proceeds against a person under this section, the person is not subject
7to penalties under ch. 285, 289, or 291 for the same act or omission.
AB114, s. 11 8Section 11. 289.97 (2) of the statutes is created to read:
AB114,6,129 289.97 (2) The department may issue a citation and follow the procedures
10under ss. 23.50 to 23.99 to collect a forfeiture from a person for operating a solid waste
11facility at which waste tires are stored, treated, or disposed of in violation of s. 289.31
12(1) or in violation of an approved plan of operation under s. 289.30.
AB114, s. 12 13Section 12. 299.95 of the statutes is amended to read:
AB114,7,4 14299.95 Enforcement; duty of department of justice; expenses. The
15attorney general shall enforce chs. 281 to 285 and 289 to 295 and this chapter, except
16ss. 285.57, 285.59, and 299.64, and all rules, special orders, licenses, plan approvals,
17permits, and water quality certifications of the department, except those
18promulgated or issued under ss. 285.57, 285.59, and 299.64 and except as provided
19in ss. 285.86, 289.97 (2), and 299.85 (7) (am). The circuit court for Dane county or
20for any other county where a violation occurred in whole or in part has jurisdiction
21to enforce chs. 281 to 285 and 289 to 295 or this chapter or the rule, special order,
22license, plan approval, permit, or certification by injunctional and other relief
23appropriate for enforcement. For purposes of this proceeding where chs. 281 to 285
24and 289 to 295 or this chapter or the rule, special order, license, plan approval, permit
25or certification prohibits in whole or in part any pollution, a violation is considered

1a public nuisance. The department of natural resources may enter into agreements
2with the department of justice to assist with the administration of chs. 281 to 285 and
3289 to 295 and this chapter. Any funds paid to the department of justice under these
4agreements shall be credited to the appropriation account under s. 20.455 (1) (k).
AB114, s. 13 5Section 13. 302.46 (1) (a) of the statutes is amended to read:
AB114,7,196 302.46 (1) (a) If a court imposes a fine or forfeiture for a violation of state law
7or for a violation of a municipal or county ordinance except for a violation of s. 101.123
8(2) (a), (am) 1., (ar), (bm), (br), or (bv) or (5), or for a violation of s. 287.81 (4) (a) to
9which s. 287.81 (4) (b) 3. applies,
for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1)
10(b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had
11a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the
12violation, or for a violation of state laws or municipal or county ordinances involving
13nonmoving traffic violations, violations under s. 343.51 (1m) (b), or safety belt use
14violations under s. 347.48 (2m), the court, in addition, shall impose a jail surcharge
15under ch. 814 in an amount of 1 percent of the fine or forfeiture imposed or $10,
16whichever is greater. If multiple offenses are involved, the court shall determine the
17jail surcharge on the basis of each fine or forfeiture. If a fine or forfeiture is
18suspended in whole or in part, the court shall reduce the jail surcharge in proportion
19to the suspension.
AB114, s. 14 20Section 14. 345.11 (1u) of the statutes is amended to read:
AB114,7,2321 345.11 (1u) The uniform traffic citation may be used by an officer of a law
22enforcement agency of a municipality or county or a traffic officer employed under
23s. 110.07 for a violation of s. 287.81 (2).
AB114, s. 15 24Section 15. 345.20 (2) (g) of the statutes is amended to read:
AB114,8,5
1345.20 (2) (g) Sections 23.50 to 23.85 apply to actions in circuit court to recover
2forfeitures for violations of s. 287.81. No points may be assessed against the driving
3record of a person convicted of a violation of s. 287.81 (2). The report of conviction
4and abstract of court record copy of the citation form shall be forwarded to the
5department.
AB114, s. 16 6Section 16. 757.05 (1) (a) of the statutes is amended to read:
AB114,8,197 757.05 (1) (a) Whenever a court imposes a fine or forfeiture for a violation of
8state law or for a violation of a municipal or county ordinance except for a violation
9of s. 101.123 (2) (a), (am) 1., (ar), (bm), (br), or (bv) or (5), or for a violation of s. 287.81
10(4) (a) to which s. 287.81 (4) (b) 3. applies,
for a first violation of s. 23.33 (4c) (a) 2.,
1130.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the
12violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the
13time of the violation, or for a violation of state laws or municipal or county ordinances
14involving nonmoving traffic violations, violations under s. 343.51 (1m) (b), or safety
15belt use violations under s. 347.48 (2m), there shall be imposed in addition a penalty
16surcharge under ch. 814 in an amount of 26 percent of the fine or forfeiture imposed.
17If multiple offenses are involved, the penalty surcharge shall be based upon the total
18fine or forfeiture for all offenses. When a fine or forfeiture is suspended in whole or
19in part, the penalty surcharge shall be reduced in proportion to the suspension.
AB114, s. 17 20Section 17. 814.85 (1) (a) of the statutes is amended to read:
AB114,9,321 814.85 (1) (a) Except for an action for a first violation of s. 23.33 (4c) (a) 2.,
2230.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the
23violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the
24time of the violation, for a violation of s. 287.81 (4) (a) to which s. 287.81 (4) (b) 3.
25applies,
or for a violation under s. 343.51 (1m) (b) or a safety belt use violation under

1s. 347.48 (2m), the clerk of circuit court shall charge and collect a $68 court support
2services surcharge from any person, including any governmental unit as defined in
3s. 108.02 (17), paying a fee under s. 814.61 (1) (a), (3), or (8) (am) or 814.63 (1).
AB114, s. 18 4Section 18. 814.86 (1) of the statutes is amended to read:
AB114,9,145 814.86 (1) Except for an action for a first violation of s. 23.33 (4c) (a) 2., 30.681
6(1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation
7had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the
8violation, for a violation of s. 287.81 (4) (a) to which s. 287.81 (4) (b) 3. applies, or for
9a violation under s. 343.51 (1m) (b) or a safety belt use violation under s. 347.48 (2m),
10the clerk of circuit court shall charge and collect a $12 justice information system
11surcharge from any person, including any governmental unit, as defined in s. 108.02
12(17), paying a fee under s. 814.61 (1) (a), (3), or (8) (am), 814.62 (1), (2), or (3) (a) or
13(b), or 814.63 (1). The justice information system surcharge is in addition to the
14surcharge listed in sub. (1m).
AB114,9,1515 (End)
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