SECTION 1635. 29.547 (1) (b) of the statutes is amended to read:
29.547 (1) (b) "Wild ginseng" means ginseng an unprocessed plant, dry root, or live root or seed of the species Panax quinquefolius that is not grown or nurtured by a person.
SECTION 1636. 29.547 (4) of the statutes is renumbered 29.547 (4) (intro.) and amended to read:
29.547 (4) PURCHASE WITH KNOWLEDGE. (intro.) No person may purchase wild ginseng if the person knows the ginseng was cut, rooted up or gathered between November 1 and the following September 1. No person dealer may purchase wild ginseng if the person any of the following applies:
(b) The dealer knows that the vendor does not have a license to harvest ginseng or that the vendor has violated this section or a rule promulgated under this section.
SECTION 1637. 29.547 (4) (a) of the statutes is created to read:
29.547 (4) (a) The dealer fails to inspect the vendor's wild ginseng harvest license or wild ginseng dealer license.
SECTION 1638. 29.547 (6) (a) of the statutes is amended to read:
29.547 (6) (a) Requirement. No person may cut, root up, gather or destroy wild ginseng unless the person has a valid wild ginseng harvest license issued by the department. The department shall promulgate rules for issuing wild ginseng harvest licenses. The department may promulgate rules on the quantity of wild ginseng that each person may harvest, and restrictions on areas where wild ginseng may be harvested and on the methods which may be used to harvest wild ginseng.
SECTION 1639. 29.547 (7) (title) of the statutes is amended to read:
29.547 (7) (title) WILD GINSENG DEALER LICENSE LICENSES.
SECTION 1640. 29.547 (7) of the statutes is renumbered 29.547 (7) (a) (intro.) and amended to read:
29.547 (7) (a) (title) License required. (intro.) No person resident may engage in business act as a dealer and no dealer may purchase wild ginseng in this state unless he or she has a one of the following valid wild ginseng dealer license licenses issued by the department.:
(c) (title) Rules. The department may establish by rule the procedure for issuing a wild ginseng dealer license licenses.
SECTION 1641. 29.547 (7) (a) 1. of the statutes is created to read:
29.547 (7) (a) 1. A class A resident wild ginseng dealer license authorizes the purchase for purposes of resale of not more than 100 pounds dry weight of wild ginseng in a license year.
SECTION 1642. 29.547 (7) (a) 2. of the statutes is created to read:
29.547 (7) (a) 2. A class B resident wild ginseng dealer license authorizes the purchase for purposes of resale of not more than 1,000 pounds dry weight of wild ginseng in a license year.
SECTION 1643. 29.547 (7) (a) 3. of the statutes is created to read:
29.547 (7) (a) 3. A class C resident wild ginseng dealer license authorizes the purchase for purposes of resale of any amount of wild ginseng in a license year.
SECTION 1644. 29.547 (7) (b) of the statutes is created to read:
29.547 (7) (b) Nonresident wild ginseng dealer license. A person who is not a resident may not act as a dealer in this state unless he or she has a valid nonresident wild ginseng dealer license issued by the department.
SECTION 1645. 29.547 (8) (title) of the statutes is amended to read:
29.547 (8) (title) SHIPMENT AND CERTIFICATION OF ORIGIN OF WILD GINSENG.
SECTION 1646. 29.547 (8) (a) of the statutes is amended to read:
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 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 1659. 30.206 (1) of the statutes is amended to read:
30.206 (1) For activities which require a permit or approval under ss. s. 30.12 (3) (a) and or 30.19 (1) (a), the department may issue a general permit authorizing a class of activities, according to rules promulgated by the department. Before issuing general permits, the department shall determine, after an environmental analysis and notice and hearing under ss. 227.17 and 227.18, that the cumulative adverse environmental impact of the class of activity is insignificant and that issuance of the general permit will not injure public rights or interest, cause environmental pollution, as defined in s. 144.01 (3), or result in material injury to the rights of any riparian owner.
SECTION 1660. 30.207 of the statutes is created to read:
30.207 Exemptions from permits. (1) In addition to its authority under s. 30.206, for activities that require a permit or approval under s. 30.12 (3) (a) or 30.19 (1) (a), the department may exempt from general and individual permitting requirements a class of activities if all of the following apply:
(a) The department has promulgated rules establishing construction and location standards for the class of activity.
(b) The department determines that the individual and cumulative adverse environmental impact of the class of activity is insignificant and will not cause environmental pollution, as defined in s. 144.01 (3), and the class of activity will not result in material injury to the rights of any riparian owner or the rights or interests of the public in navigable waters.
(2) Failure of person to comply with the construction or location standards promulgated under sub. (1) (a) may subject the person to a forfeiture, but the failure to comply may not, by itself, result in abatement of the activity.
SECTION 1661. 30.208 of the statutes is created to read:
30.208 Permits or approvals issued by municipalities. (1) The department may delegate its responsibilities for issuing permits or other approvals for an activity or project under this chapter to a municipality if all of the following apply:
(a) The department determines that the activity or project is one that can adequately be regulated at the municipal level.
(b) The municipality is willing to assume the responsibilities for issuing the permits or other approvals.
(c) The department determines that the municipality has adequate regulatory resources to assume the responsibilities.
(2) The department may reverse a decision by a municipality regarding the issuance of an individual permit or other approval. The department may rescind the authority of a municipality to issue permits or other approvals.
(3) The department may follow the procedures under ss. 23.50 to 23.85 and under s. 30.03 to enforce permits and other approvals issued by municipalities under this section.
(4) The department shall promulgate rules to administer and enforce this section. The rules shall include all of the following:
(a) Criteria for determining what activities or projects may be adequately regulated at the municipal level.
(b) Criteria for determining whether a municipality has adequate regulatory resources to assume responsibilities for issuing permits or other approvals.
(c) Procedures for review by the department of decisions by municipalities regarding the issuance of permits or other approvals and procedures for appeals to the department of these decisions.
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.
(b) For determining the purpose of ss. 30.12, 30.13 and 30.14 whether a structure or deposit interferes with the public rights in navigable waters and whether a structure or deposit interferes with the rights of other riparian proprietors, the fee shall be $240.
(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 (b) 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.
