SB119,2,122 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.

SB119,3,14

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123.53 (1) The citation created under this section shall, in all actions to recover
2forfeitures, plus costs, fees, and surcharges imposed under ch. 814, for violations of
3those statutes enumerated in s. 23.50 (1), any administrative rules promulgated
4thereunder, and any rule of the Kickapoo reserve management board under s. 41.41
5(7) (k) be used by any law enforcement officer with authority to enforce those laws,
6except that the uniform traffic citation created under s. 345.11 may be used by a
7traffic officer employed under s. 110.07 in enforcing s. 167.31 or by an officer of a law
8enforcement agency of a municipality or county or a traffic officer employed under
9s. 110.07 in enforcing s. 287.81 (2). In accordance with s. 345.11 (1m), the citation
10shall not be used for violations of ch. 350 relating to highway use. The citation may
11be used for violations of local ordinances enacted by any local authority in accordance
12with s. 23.33 (11) (am) or 30.77. In addition, the citation may be used by a town
13chairperson or a municipal or county law enforcement officer for violations of s.
14287.81 (4).

SB119,3,1916 26.97 (1) Arrest a person, with or without a warrant, when the person is
17detected actually committing a violation of this chapter, subch. VI of ch. 77, or s.
18167.10 (3), 287.81 (4), 941.10 (1), 941.11, 941.12, 941.13, 943.02 (1), 943.03, 943.04,
19943.05 or 943.06 (2).

SB119,3,2121 60.24 (3) (vm) Enforce restrictions on open burning under s. 287.81 (4).

SB119,4,223 110.07 (1) (a) 1. Enforce and assist in the administration of this chapter and
24chs. 166, 194, 218, 341 to 349 and 351, and ss. 23.33, 125.07 (4) (b), 125.085 (3) (b),

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1167.31 (2) (b) to (d) and 287.81 (2) and ch. 350 where applicable to highways, or orders
2or rules issued pursuant thereto.

SB119,4,73 3. Have authority to enter any place where vehicles subject to this chapter, ss.
4167.31 (2) (b) to (d) and 287.81 (2) and chs. 194, 218 and 341 to 350 are stored or
5parked at any time to examine such vehicles, or to stop such vehicles while en route
6at any time upon the public highways to examine the same and make arrests for all
7violations thereof.

SB119,4,139 110.07 (1) (b) All municipal judges, judges, district attorneys and law
10enforcement officers shall assist in enforcing this chapter, ss. 167.31 (2) (b) to (d) and
11287.81 (2) and chs. 194, 218 and 341 to 351, and orders or rules issued pursuant
12thereto and shall report to the department the disposition of every uniform traffic
13citation issued for cases involving those chapters.

SB119,4,2315 165.755 (1) (b) A court may not impose the crime laboratories and drug law
16enforcement surcharge under par. (a) for a violation of s. 101.123 (2) (a), (am) 1., (ar),
17(bm), (br), or (bv) or (5) (b), for a violation of s. 287.81 (4) (a) to which s. 287.81 (4) (b)
183. applies, for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or
19350.101 (1) (b), if the person who committed the violation had a blood alcohol
20concentration of 0.08 or more but less than 0.1 at the time of the violation, or for a
21violation of a state law or municipal or county ordinance involving a nonmoving
22traffic violation, a violation under s. 343.51 (1m) (b), or a safety belt use violation
23under s. 347.48 (2m).

SB119,4,25 25287.81 (title) Littering; open burning.

SB119,5,52 287.81 (1) (as) "Open burning" means burning from which the products of
3combustion are emitted into the air without passing through a stack or chimney,
4except that "open burning" does not include combustion occurring at a properly
5operated air curtain destructor, as defined in s. 289.51 (1) (a).

SB119,5,117 287.81 (4) (a) No person may engage in open burning of solid waste on or along
8any highway, on the ice of any waters of the state, or on any other public or private
9property unless the open burning conforms with chs. 285, 289, and 291 and rules
10promulgated and permits, licenses, and other approvals issued under those
11chapters.

SB119,5,1412 (b) 1. Any person who violates par. (a) before the first day of the 13th month
13beginning after the effective date of this subdivision .... [LRB inserts date], is not
14subject to a penalty under this paragraph.

SB119,5,1715 2. Except as provided in subd. 3., any person who violates par. (a) on or after
16the first day of the 13th month beginning after the effective date of this subdivision
17.... [LRB inserts date], may be required to forfeit not more than $500.

SB119,5,2018 3. For a first violation of par. (a) involving 60 or fewer gallons of residential solid
19waste burned on the property on which it was generated, the maximum forfeiture is
20$5.

SB119,5,24 21(5) No common law liability, and no statutory liability that is provided in a
22statute other than this section, is affected by this section, except that if the
23department proceeds against a person under this section, the person is not subject
24to penalties under ch. 285, 289, or 291 for the same act or omission.

SB119,6,4

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1289.97 (2) The department may issue a citation and follow the procedures
2under ss. 23.50 to 23.99 to collect a forfeiture from a person for operating a solid waste
3facility at which waste tires are stored, treated, or disposed of in violation of s. 289.31
4(1) or in violation of an approved plan of operation under s. 289.30.

SB119,6,21 6299.95 Enforcement; duty of department of justice; expenses. The
7attorney general shall enforce chs. 281 to 285 and 289 to 295 and this chapter, except
8ss. 285.57, 285.59, and 299.64, and all rules, special orders, licenses, plan approvals,
9permits, and water quality certifications of the department, except those
10promulgated or issued under ss. 285.57, 285.59, and 299.64 and except as provided
11in ss. 285.86, 289.97 (2), and 299.85 (7) (am). The circuit court for Dane county or
12for any other county where a violation occurred in whole or in part has jurisdiction
13to enforce chs. 281 to 285 and 289 to 295 or this chapter or the rule, special order,
14license, plan approval, permit, or certification by injunctional and other relief
15appropriate for enforcement. For purposes of this proceeding where chs. 281 to 285
16and 289 to 295 or this chapter or the rule, special order, license, plan approval, permit
17or certification prohibits in whole or in part any pollution, a violation is considered
18a public nuisance. The department of natural resources may enter into agreements
19with the department of justice to assist with the administration of chs. 281 to 285 and
20289 to 295 and this chapter. Any funds paid to the department of justice under these
21agreements shall be credited to the appropriation account under s. 20.455 (1) (k).

SB119,7,1123 302.46 (1) (a) If a court imposes a fine or forfeiture for a violation of state law
24or for a violation of a municipal or county ordinance except for a violation of s. 101.123
25(2) (a), (am) 1., (ar), (bm), (br), or (bv) or (5), or for a violation of s. 287.81 (4) (a) to

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1which s. 287.81 (4) (b) 3. applies, for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1)
2(b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had
3a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the
4violation, or for a violation of state laws or municipal or county ordinances involving
5nonmoving traffic violations, violations under s. 343.51 (1m) (b), or safety belt use
6violations under s. 347.48 (2m), the court, in addition, shall impose a jail surcharge
7under ch. 814 in an amount of 1 percent of the fine or forfeiture imposed or $10,
8whichever is greater. If multiple offenses are involved, the court shall determine the
9jail surcharge on the basis of each fine or forfeiture. If a fine or forfeiture is
10suspended in whole or in part, the court shall reduce the jail surcharge in proportion
11to the suspension.

SB119,7,1513 345.11 (1u) The uniform traffic citation may be used by an officer of a law
14enforcement agency of a municipality or county or a traffic officer employed under
15s. 110.07 for a violation of s. 287.81 (2).

SB119,7,2117 345.20 (2) (g) Sections 23.50 to 23.85 apply to actions in circuit court to recover
18forfeitures for violations of s. 287.81. No points may be assessed against the driving
19record of a person convicted of a violation of s. 287.81 (2). The report of conviction
20and abstract of court record copy of the citation form shall be forwarded to the
21department.

SB119,8,1023 757.05 (1) (a) Whenever a court imposes a fine or forfeiture for a violation of
24state law or for a violation of a municipal or county ordinance except for a violation
25of s. 101.123 (2) (a), (am) 1., (ar), (bm), (br), or (bv) or (5), or for a violation of s. 287.81

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1(4) (a) to which s. 287.81 (4) (b) 3. applies, for a first violation of s. 23.33 (4c) (a) 2.,
230.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the
3violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the
4time of the violation, or for a violation of state laws or municipal or county ordinances
5involving nonmoving traffic violations, violations under s. 343.51 (1m) (b), or safety
6belt use violations under s. 347.48 (2m), there shall be imposed in addition a penalty
7surcharge under ch. 814 in an amount of 26 percent of the fine or forfeiture imposed.
8If multiple offenses are involved, the penalty surcharge shall be based upon the total
9fine or forfeiture for all offenses. When a fine or forfeiture is suspended in whole or
10in part, the penalty surcharge shall be reduced in proportion to the suspension.

SB119,8,1912 814.85 (1) (a) Except for an action for a first violation of s. 23.33 (4c) (a) 2.,
1330.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the
14violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the
15time of the violation, for a violation of s. 287.81 (4) (a) to which s. 287.81 (4) (b) 3.
16applies, or for a violation under s. 343.51 (1m) (b) or a safety belt use violation under
17s. 347.48 (2m), the clerk of circuit court shall charge and collect a $68 court support
18services surcharge from any person, including any governmental unit as defined in
19s. 108.02 (17), paying a fee under s. 814.61 (1) (a), (3), or (8) (am) or 814.63 (1).

SB119,9,521 814.86 (1) Except for an action for a first violation of s. 23.33 (4c) (a) 2., 30.681
22(1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation
23had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the
24violation, for a violation of s. 287.81 (4) (a) to which s. 287.81 (4) (b) 3. applies, or for
25a violation under s. 343.51 (1m) (b) or a safety belt use violation under s. 347.48 (2m),

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1the clerk of circuit court shall charge and collect a $12 justice information system
2surcharge from any person, including any governmental unit, as defined in s. 108.02
3(17), paying a fee under s. 814.61 (1) (a), (3), or (8) (am), 814.62 (1), (2), or (3) (a) or
4(b), or 814.63 (1). The justice information system surcharge is in addition to the
5surcharge listed in sub. (1m).