29.547 (8) (a) (title) Certificate required Wild ginseng originating in this state. Except as provided under par. (b), no No person may ship out of this state wild ginseng out of that originates in this state unless the wild ginseng is accompanied by a valid and completed shipping certificate of origin issued under this subsection.
SECTION 1647. 29.547 (8) (b) of the statutes is repealed.
SECTION 1648. 29.547 (8) (bn) of the statutes is created to read:
29.547 (8) (bn) Wild ginseng originating in another state. 1. No person may ship out of this state to a foreign country wild ginseng that originates in another state unless the wild ginseng is accompanied by a valid certificate of origin issued by that other state. No person may ship out of this state wild ginseng that originates in another state under a certificate of origin issued under this subsection.
2. No resident may purchase for purposes of resale wild ginseng that originates in another state unless the wild ginseng is accompanied by a valid certificate of origin from the other state.
3. If a dealer who is a resident receives wild ginseng that originated in another state and if a certificate of origin issued by that state does not accompany the wild ginseng, the dealer shall return the wild ginseng to the sender within 30 days after its receipt.
SECTION 1649. 29.547 (8) (c) of the statutes is amended to read:
29.547 (8) (c) Issuance of certificates. The department shall promulgate a rule establishing the procedure for issuing certificates of origin. The department may issue shipping certificates of origin only to a person who has a valid wild ginseng harvest license or a valid wild ginseng dealer license. No person except the person to whom the shipping certificate is issued may use or possess the shipping certificate.
SECTION 1650. 29.547 (8) (d) of the statutes is amended to read:
29.547 (8) (d) Effective period; cancellations; return. Unless canceled, a shipping certificate of origin is valid for the period indicated on the certificate's face. The department may cancel a shipping certificate of origin at any time. Any person to whom shipping certificates of origin are issued shall return all unused shipping certificates to the department within 10 days after the expiration of the period indicated on the certificates or within 10 days after the department cancels the certificates.
SECTION 1651. 29.547 (8) (e) of the statutes is amended to read:
29.547 (8) (e) Validity. A shipping certificate of origin is valid only if it has not expired or been canceled by the department, is fully completed and contains no false information. A shipping certificate of origin issued under this subsection is valid only for wild ginseng originating from in this state.
SECTION 1652. 29.547 (8) (f) of the statutes is amended to read:
29.547 (8) (f) Prohibitions. No person may ship wild ginseng originating from another state under a shipping certificate issued under this subsection. No person may use an expired or canceled shipping certificate of origin, falsify information on a shipping certificate, use a shipping certificate without fully completing it of origin, maintain false records or copies of shipping of certificates of origin or fail to maintain records or comply with rules promulgated by the department concerning shipping certificates of origin.
SECTION 1653. 29.547 (9) (a) of the statutes is amended to read:
29.547 (9) (a) Purchases. A dealer who purchases wild ginseng shall maintain records of the quantity purchased, the name and wild ginseng license number of the vendor and other information required by the department.
SECTION 1654. 29.547 (9) (b) of the statutes is amended to read:
29.547 (9) (b) Sales and shipments. A dealer shall maintain records required under sub. (8) this section and shall keep records and reports of sales, shipments and transactions as required by the department.
SECTION 1655. 29.598 (7) (d) 2. of the statutes is amended to read:
29.598 (7) (d) 2. The department shall pay participating counties under subd. 1. from the appropriation under s. 20.370 (4) (gb) (5) (fa) and from the appropriation under s. 20.370 (4) (gq) (5) (fq) after first deducting from s. 20.370 (4) (gq) (5) (fq) payments made for county administrative costs under sub. (2) (d) and payments made for wildlife damage abatement assistance under sub. (5) (c). If the amount in the appropriation under s. 20.370 (4) (gb) (5) (fa) and the amount remaining after these deductions from the appropriation under s. 20.370 (4) (gq) (5) (fq) are not sufficient to pay the full amount required under subd. 1., the department shall pay participating counties on a prorated basis.
SECTION 1656. 29.599 (4) (a) of the statutes is amended to read:
29.599 (4) (a) Costs reimbursed. Except as provided under par. (c), the department may pay each participating county or municipality up to 100% of the county's or municipality's actual costs that are directly attributable to providing additional law enforcement services during the spearfishing season. The department shall make any aid payments from the appropriations under s. 20.370 (4) (ga) (5) (ea) by September 30 of the calendar year in which the county or municipality files an application under sub. (2) (c). The department may not make an aid payment unless the payment is approved by the secretary of administration.
SECTION 1657. 29.599 (4) (c) of the statutes is amended to read:
29.599 (4) (c) Prorated payments allowed. If the total amount of reimbursable costs under par. (a) exceeds the amount available for payments under s. 20.370 (4) (ga) (5) (ea), the department may prorate payments to participating counties and municipalities.
SECTION 1657b. 29.9965 (1) (e) of the statutes is amended to read:
29.9965 (1) (e) If any deposit is made for an offense to which this section applies, the person making the deposit shall also deposit a sufficient amount to include the wild animal protection assessment required under this section. If the deposit is forfeited, the amount of the wild animal protection assessment shall be transmitted to the state treasurer secretary of administration under par. (f). If the deposit is returned, the wild animal protection assessment shall also be returned.
SECTION 1657e. 29.9965 (1) (f) of the statutes is amended to read:
29.9965 (1) (f) The clerk of the court shall collect and transmit to the county treasurer the wild animal protection assessment and other amounts required under s. 59.395 (5). The county treasurer shall then make payment to the state treasurer secretary of administration as provided in s. 59.20 (5) (b).
SECTION 1657f. 29.9965 (2) of the statutes is amended to read:
29.9965 (2) DEPOSIT OF WILD ANIMAL PROTECTION ASSESSMENT FUNDS. The state treasurer secretary of administration shall deposit the moneys collected under this section into the conservation fund.
SECTION 1657h. 29.9967 (1) (c) of the statutes is amended to read:
29.9967 (1) (c) If any deposit is made for an offense to which this section applies, the person making the deposit shall also deposit a sufficient amount to include the fishing shelter removal assessment prescribed in this section. If the deposit is forfeited, the amount of the fishing shelter removal assessment shall be transmitted to the state treasurer secretary of administration under par. (d). If the deposit is returned, the fishing shelter removal assessment shall also be returned.
SECTION 1657L. 29.9967 (1) (d) of the statutes is amended to read:
29.9967 (1) (d) The clerk of the court shall collect and transmit to the county treasurer the fishing shelter removal assessment and other amounts required under s. 59.395 (5). The county treasurer shall then make payment to the state treasurer secretary of administration as provided in s. 59.20 (5) (b).
SECTION 1657p. 29.997 (1) (c) of the statutes is amended to read:
29.997 (1) (c) If any deposit is made for an offense to which this section applies, the person making the deposit shall also deposit a sufficient amount to include the natural resources assessment prescribed in this section. If the deposit is forfeited, the amount of the natural resources assessment shall be transmitted to the state treasurer secretary of administration under par. (d). If the deposit is returned, the natural resources assessment shall also be returned.
SECTION 1657r. 29.997 (1) (d) of the statutes is amended to read:
29.997 (1) (d) The clerk of the court shall collect and transmit to the county treasurer the natural resources assessment and other amounts required under s. 59.395 (5). The county treasurer shall then make payment to the state treasurer secretary of administration as provided in s. 59.20 (5) (b). The state treasurer secretary of administration shall deposit the amount of the natural resources assessment in the conservation fund.
SECTION 1657u. 29.998 (1) (c) of the statutes is amended to read:
29.998 (1) (c) If any deposit is made for an offense to which this section applies, the person making the deposit shall also deposit a sufficient amount to include the natural resources restitution payment prescribed in this section. If the deposit is forfeited, the amount of the natural resources restitution payment shall be transmitted to the state treasurer secretary of administration under par. (d). If the deposit is returned, the natural resources restitution payment shall also be returned.
SECTION 1657y. 29.998 (1) (d) of the statutes is amended to read:
29.998 (1) (d) The clerk of the court shall collect and transmit to the county treasurer the natural resources restitution payment and other amounts required under s. 59.395 (5). The county treasurer shall then make payment to the state treasurer secretary of administration as provided in s. 59.20 (5) (b). The state treasurer secretary of administration shall deposit the amount of the natural resources restitution payment in the conservation fund.
SECTION 1658. 30.126 (5) (h) of the statutes is amended to read:
30.126 (5) (h) May not have improper toilets. No person may construct, place or maintain a fishing raft on authorized portions of the Wolf river if the fishing raft is equipped with a toilet which permits toilet waste to be disposed of in the waterway. A toilet on a fishing raft shall comply with rules of the department of industry, labor and human relations development as if the toilet were on a boat.
SECTION 1658m. 30.203 (9) of the statutes is amended to read:
30.203 (9) FUNDING. Funding for this project shall be paid from the appropriations under ss. 20.370 (1) (mu) and 20.866 (2) (tr) and (tu).
SECTION 1661m. 30.277 (1) of the statutes is amended to read:
30.277 (1) FUNDING. Beginning in fiscal year 1992-93 and ending in fiscal year 1999-2000, from the appropriation under s. 20.866 (2) (tz), the department shall award grants to municipalities to assist municipalities in projects on or adjacent to rivers that flow through urban areas. For each fiscal year, except as provided in s. 23.0915 (1r) (c) (a) 2. and (b) 2., the department shall designate for expenditure $1,900,000 for grants under this section and for grants under s. 23.096 for the purposes under sub. (2) (a).
SECTION 1662. 30.28 (title) of the statutes is amended to read:
30.28 (title) Fee Fees for permits and, approvals, determinations and hearings.
SECTION 1663. 30.28 (1) of the statutes is amended to read:
30.28 (1) (title) FEES REQUIRED. The department shall charge a permit or approval fee for carrying out its duties and responsibilities under ss. 30.10 to 30.205 and 30.21 to 30.27 except that the department may not charge a fee for an approval granted under s. 30.12 (3) (a) 3. The permit or approval fee shall accompany the permit application or request for approval and shall be refunded if the permit or approval is not granted.
SECTION 1664. 30.28 (2) of the statutes is repealed and recreated to read:
30.28 (2) AMOUNT OF FEES. (a) For fees charged for permits and approvals under ss. 30.10 to 30.205 and 30.21 to 30.27, the department shall classify the types of permits and approvals based on the estimated time spent by the department in reviewing, investigating and making determinations whether to grant the permits or approvals. The department shall then set the fees as follows:
1. For a permit or approval with an estimated time of less than 3 hours, the fee shall be $30.
2. For a permit or approval with an estimated time of more than 3 hours but less than 9 hours, the fee shall be $100.
3. For a permit or approval with an estimated time of more than 9 hours, the fee shall be $300.
(c) For conducting a hearing on an application for which notice is provided under s. 30.02 (3), the person requesting the hearing shall pay a fee of $25.
****NOTE: If LRB 95-1032 is incorporated into the budget bill, the cross-references in s. 30.28 (1) and (2) (a) (intro.) may need to be changed.
SECTION 1665. 30.28 (2m) of the statutes is created to read:
30.28 (2m) ADJUSTMENTS IN FEES. (a) The department shall refund a permit or approval fee if the applicant requests a refund before the department determines that the application for the permit or approval is complete. The department may not refund a permit or approval fee after the department determines that the application is complete.
(b) If the applicant applies for a permit or requests an approval after the project is begun or after it is completed, the department shall charge an amount equal to twice the amount of the fee that it would have charged under this section.
(c) If more than one fee under sub. (2) (a) or s. 31.39 (2) (a) or 144.0252 is applicable to a project, the department shall charge only the highest fee of those that are applicable.
(d) The department, by rule, may increase any fee specified in sub. (2).
SECTION 1666. 30.28 (3) (title) of the statutes is created to read:
30.28 (3) (title) EXEMPTIONS.
SECTION 1667. 30.28 (3) of the statutes is renumbered 30.28 (3) (a) and amended to read:
30.28 (3) (a) This section does not apply to projects funded in whole or in part by any federal agency, or state agency, county, city, village, town, county utility district, town sanitary district, public inland lake protection and rehabilitation district, metropolitan sewerage district or federally recognized Native American tribal governing body.
SECTION 1668. 30.28 (3) (b) of the statutes is created to read:
30.28 (3) (b) This section does not apply to a permit issued under s. 30.12 (3) (a) 2., 2m. or 3.
SECTION 1670. 30.32 (9) of the statutes is amended to read:
30.32 (9) OPTIONAL CONTRACT PROVISIONS. The officer or agency in charge of negotiating the contract may insert in the specifications of the work reasonable and lawful conditions as to hours of labor and the residence and character of workers to be employed by the contractor and especially, so far as is practicable in the judgment of such officer or agency, such reasonable and lawful conditions as will tend to confine employment on such work, in whole or in part, to permanent and bona fide residents of this state. The officer or agency may do any part of such work by day labor under such conditions as it prescribes. The officer or agency may demand of such bidders and contractors that all contracts shall be let subject to chs. 101, 102, 103 and 105, to the end that the officer or agency and municipality shall be held harmless. The officer or agency may reject any or all bids or parts thereof for any such work or supplies or materials.
SECTION 1674m. 30.42 (1) (e) of the statutes is amended to read:
30.42 (1) (e) For each county named in s. 15.345 (6) 15.445 (3) (b), assign a department employe whose office is in the county to serve as a liaison representative on issues concerning the riverway.
SECTION 1682. 30.52 (3) (b) of the statutes is amended to read:
30.52 (3) (b) Fee for boats under 16 feet. The fee for the issuance or renewal of a certificate of number for a boat less than 16 feet in length is $6.50 $11.
SECTION 1683. 30.52 (3) (c) of the statutes is amended to read:
30.52 (3) (c) Fee for boats 16 feet or more but less than 26 feet. The fee for the issuance or renewal of a certificate of number for a boat 16 feet or more but less than 26 feet in length is $8.50 $16.
SECTION 1684. 30.52 (3) (d) of the statutes is amended to read:
30.52 (3) (d) Fee for boats 26 feet or more but less than 40 feet. The fee for the issuance or renewal of a certificate of number for a boat 26 feet or more but less than 40 feet in length is $10.50 $30.
SECTION 1685. 30.52 (3) (e) of the statutes is amended to read:
30.52 (3) (e) Fee for boats 40 feet or longer. The fee for the issuance or renewal of a certificate of number for a boat 40 feet or more in length is $12.50 $50.
SECTION 1686. 30.52 (3) (f) of the statutes is amended to read:
30.52 (3) (f) Fee for nonmotorized sailboats. Notwithstanding pars. (b) to (e), the fee for the issuance or renewal of a certificate of number for a sailboat which is not a motorboat is $6.50 $10.
SECTION 1687. 30.52 (3) (i) of the statutes is amended to read:
30.52 (3) (i) Fleet fees. A person owning or holding 3 or more boats may, at the person's option, pay a fleet rate for these boats instead of the fees which otherwise would be payable under pars. (b) to (g). Notwithstanding pars. (b) to (g), the fee for the issuance or renewal of certificates of number or registrations for boats under the fleet rate is $9 $18 plus 50% of the fees which would otherwise be applicable for the boats under pars. (b) to (g).
SECTION 1691. 30.71 of the statutes is amended to read:
30.71 Boats equipped with toilets. No person may, while maintaining or operating any boat equipped with toilets on inland waters or outlying waters of this state, as defined in s. 29.01 (9) and (11), dispose of any toilet wastes in any manner into the inland or outlying waters of this state. The department of industry, labor and human relations development may promulgate rules necessary to carry out the purposes of this section.
SECTION 1693. 30.92 (4) (a) of the statutes is amended to read:
30.92 (4) (a) The department shall develop and administer, with the approval of the commission, a financial assistance program for governmental units, including itself, and qualified lake associations for the construction and maintenance rehabilitation of capital improvements related to recreational boating facilities, for the maintenance and operation improvement of locks and facilities which provide access between waterways and for the projects specified in par. (b) 8. No financial assistance under this section may be provided to the Fox river management commission for feasibility studies of construction projects or for construction projects. No financial assistance under this section may be provided to the department other than for projects for access to inland lakes without a public access facility.
