AB150: Bill Text Engrossed

AB150-engrossed,593,2 29.415 (6r) Consultation. (a) An agency shall notify the department at the earliest opportunity of the location, nature and extent of a proposed activity the agency may conduct, approve or fund that may affect an endangered or threatened species. The department may allow the taking, exportation, transportation or possession of an endangered or threatened species if all of the following apply:

AB150-engrossed,593,5 1. The activity is accomplished in accordance with interagency consultation procedures established by the department and the agency for the purpose of minimizing any adverse effect on the endangered or threatened species.

AB150-engrossed,593,10 2. The activity is not likely to jeopardize the continued existence and recovery of the endangered or threatened species, the whole plant-animal community of which it is a part or is not likely to result in the destruction or adverse modification of a habitat that is critical to the continued existence of the endangered species or the threatened species, as determined by the department under par. (b).

AB150-engrossed,593,11 3. The benefit to public health, safety or welfare justifies the activity.

AB150-engrossed,593,15 (b) For purposes of par. (a) 2., the department shall determined whether a habit is critical to the continued existence of an endangered or threatened species by considering the endangered species' or threatened species' global and state element ranking as defined by natural heritage inventory methodology.

AB150-engrossed,593,23 (c) The department shall notify the agency if the department determines that there is reasonable cause for the department to determine that an activity is not being carried out in compliance with this subsection or with any environmental protection requirements developed through interagency consultation procedures. If the secretary of natural resources and the head, as defined in s. 15.01 (8), of the agency or the state officer are unable to agree upon methods or time schedules to be used to correct the alleged noncompliance, the department may bring any action or initiate any other proceedings to enforce compliance with this subsection.

AB150-engrossed,594,3 (d) The department and the agency shall exchange information and cooperate in the planning and implementation of any activity relating to the taking, exportation, transportation or possession of any endangered species or threatened species in order to alleviate, to the extent practicable under the circumstances, any potential adverse effect on the endangered species or the threatened species.

AB150-engrossed,594,7 (e) Cooperation between the department and an agency under par. (d) may include conducting reasonable surveys upon the request of the department, unless the department determines that the requirements of public health, safety or welfare outweigh the need for the surveys.

AB150-engrossed,594,10 (f) Except as may be required under s. 1.11, no public notice or hearing is required in connection with interagency consultation and cooperation under this subsection.

AB150-engrossed, s. 1631m Section 1631m. 29.525 of the statutes is repealed.

AB150-engrossed, s. 1632 Section 1632. 29.544 (3) of the statutes is amended to read:

AB150-engrossed,594,21 29.544 (3) License required exceptions; wild rice identification card. Every person over the age of 16 and under the age of 65 shall obtain the appropriate wild rice license to harvest or deal in wild rice but no license to harvest is required of the members of the immediate family of a licensee or of a recipient of old-age assistance or general relief or members of their immediate families. The department shall issue a wild rice identification card to each member of a licensee's immediate family, to a recipient of old-age assistance or general relief and to each member of the recipient's family. The term "immediate family" includes husband and wife and minor children having their abode and domicile with the parent or legal guardian.

AB150-engrossed, s. 1633 Section 1633. 29.547 (1) (a) of the statutes is amended to read:

AB150-engrossed,594,24 29.547 (1) (a) "Dealer" means a person who buys purchases for purposes of resale at least 8 ounces of wild ginseng annually in a license year.

AB150-engrossed, s. 1634 Section 1634. 29.547 (1) (am) of the statutes is created to read:

AB150-engrossed,595,2 29.547 (1) (am) "License year" means the period beginning on July 1 of a given year and ending on the following June 30.

AB150-engrossed, s. 1635 Section 1635. 29.547 (1) (b) of the statutes is amended to read:

AB150-engrossed,595,6 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.

AB150-engrossed, s. 1636 Section 1636. 29.547 (4) of the statutes is renumbered 29.547 (4) (intro.) and amended to read:

AB150-engrossed,595,12 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:

AB150-engrossed,595,14 (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.

AB150-engrossed, s. 1637 Section 1637. 29.547 (4) (a) of the statutes is created to read:

AB150-engrossed,595,17 29.547 (4) (a) The dealer fails to inspect the vendor's wild ginseng harvest license or wild ginseng dealer license.

AB150-engrossed, s. 1638 Section 1638. 29.547 (6) (a) of the statutes is amended to read:

AB150-engrossed,595,24 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.

AB150-engrossed, s. 1639 Section 1639. 29.547 (7) (title) of the statutes is amended to read:

AB150-engrossed,596,1 29.547 (7) (title) Wild ginseng dealer license licenses .

AB150-engrossed, s. 1640 Section 1640. 29.547 (7) of the statutes is renumbered 29.547 (7) (a) (intro.) and amended to read:

AB150-engrossed,596,7 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.:

AB150-engrossed,596,9 (c) (title) Rules. The department may establish by rule the procedure for issuing a wild ginseng dealer license licenses.

AB150-engrossed, s. 1641 Section 1641. 29.547 (7) (a) 1. of the statutes is created to read:

AB150-engrossed,596,13 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.

AB150-engrossed, s. 1642 Section 1642. 29.547 (7) (a) 2. of the statutes is created to read:

AB150-engrossed,596,17 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.

AB150-engrossed, s. 1643 Section 1643. 29.547 (7) (a) 3. of the statutes is created to read:

AB150-engrossed,596,20 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.

AB150-engrossed, s. 1644 Section 1644. 29.547 (7) (b) of the statutes is created to read:

AB150-engrossed,596,24 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.

AB150-engrossed, s. 1645 Section 1645. 29.547 (8) (title) of the statutes is amended to read:

AB150-engrossed,597,1 29.547 (8) (title) Shipment and certification of origin of wild ginseng.

AB150-engrossed, s. 1646 Section 1646. 29.547 (8) (a) of the statutes is amended to read:

AB150-engrossed,597,6 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.

AB150-engrossed, s. 1647 Section 1647. 29.547 (8) (b) of the statutes is repealed.

AB150-engrossed, s. 1648 Section 1648. 29.547 (8) (bn) of the statutes is created to read:

AB150-engrossed,597,13 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.

AB150-engrossed,597,16 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.

AB150-engrossed,597,20 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.

AB150-engrossed, s. 1649 Section 1649. 29.547 (8) (c) of the statutes is amended to read:

AB150-engrossed,598,2 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.

AB150-engrossed, s. 1650 Section 1650. 29.547 (8) (d) of the statutes is amended to read:

AB150-engrossed,598,10 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.

AB150-engrossed, s. 1651 Section 1651. 29.547 (8) (e) of the statutes is amended to read:

AB150-engrossed,598,15 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.

AB150-engrossed, s. 1652 Section 1652. 29.547 (8) (f) of the statutes is amended to read:

AB150-engrossed,598,23 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.

AB150-engrossed, s. 1653 Section 1653. 29.547 (9) (a) of the statutes is amended to read:

AB150-engrossed,599,3 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.

AB150-engrossed, s. 1654 Section 1654. 29.547 (9) (b) of the statutes is amended to read:

AB150-engrossed,599,7 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.

AB150-engrossed, s. 1655 Section 1655. 29.598 (7) (d) 2. of the statutes is amended to read:

AB150-engrossed,599,17 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.

AB150-engrossed, s. 1656 Section 1656. 29.599 (4) (a) of the statutes is amended to read:

AB150-engrossed,600,2 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.

AB150-engrossed, s. 1657 Section 1657. 29.599 (4) (c) of the statutes is amended to read:

AB150-engrossed,600,7 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.

AB150-engrossed, s. 1657ym Section 1657ym. 30.12 (3) (c) of the statutes is amended to read:

AB150-engrossed,600,18 30.12 (3) (c) The department may promulgate rules deemed necessary to carry out the purposes of par. (a) 6., including rules to establish minimum standards to govern the architectural and aesthetic features of boat shelters and the number of boat shelters that may be constructed adjacent to a parcel of land. The rules may not govern the aesthetic features or color of boat shelters. The standards shall be designed to assure the structural soundness and durability of a boat shelter and to minimize the visual intrusiveness of a boat shelter with respect to the surrounding body of water and shoreline. A municipality may enact ordinances not inconsistent with this section or with rules promulgated under this section regulating the architectural and aesthetic features of boat shelters.

AB150-engrossed, s. 1657zm Section 1657zm. 30.121 (3m) (title) of the statutes is amended to read:

AB150-engrossed,600,20 30.121 (3m) (title) Exception; certain single-story boathouses.

AB150-engrossed, s. 1657zq Section 1657zq. 30.121 (3r) of the statutes is created to read:

AB150-engrossed,600,25 30.121 (3r) Exception; damages after January 1, 1984. Subsections (2) and (3) do not apply to the repair or reconstruction of a damaged boathouse if the boathouse was damaged by violent wind, vandalism or fire and if the damage occurs after January 1, 1984.

AB150-engrossed, s. 1657zt Section 1657zt. 30.121 (6) of the statutes is amended to read:

AB150-engrossed,601,4 30.121 (6) Rules. The department may promulgate rules deemed necessary to carry out the purposes of this section. The rules may not govern the aesthetic features or color of boathouses.

AB150-engrossed, s. 1658 Section 1658. 30.126 (5) (h) of the statutes is amended to read:

AB150-engrossed,601,10 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.

AB150-engrossed, s. 1658m Section 1658m. 30.203 (9) of the statutes is amended to read:

AB150-engrossed,601,13 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).

AB150-engrossed, s. 1662 Section 1662. 30.28 (title) of the statutes is amended to read:

AB150-engrossed,601,16 30.28 (title) Fee Fees for permits and, approvals, determinations and hearings.

AB150-engrossed, s. 1663 Section 1663. 30.28 (1) of the statutes is amended to read:

AB150-engrossed,601,23 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.

AB150-engrossed, s. 1664 Section 1664. 30.28 (2) of the statutes is repealed and recreated to read:

AB150-engrossed,602,5 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:

AB150-engrossed,602,7 1. For a permit or approval with an estimated time of less than 3 hours, the fee shall be $30.

AB150-engrossed,602,9 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.

AB150-engrossed,602,11 3. For a permit or approval with an estimated time of more than 9 hours, the fee shall be $300.

AB150-engrossed,602,13 (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.

AB150-engrossed, s. 1665 Section 1665. 30.28 (2m) of the statutes is created to read:

AB150-engrossed,602,19 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.