1997 Wisconsin Act 237

237,57r Section 57r. 20.923 (15) (b) of the statutes is amended to read:

20.923 (15) (b) Except for the positions identified in subs. (4) (j) (4g) and (4m), the pay of any incumbent whose salary is subject to a limitation under this section may not equal or exceed that amount paid the governor. The pay of any incumbent in the position of president of the university of Wisconsin system, chancellor of the university of Wisconsin-Madison or chancellor of the university of Wisconsin-Milwaukee may not exceed the maximum dollar value of the salary range for the group to which the incumbent's position is assigned.

237,57t Section 57t. 20.923 (16) of the statutes is amended to read:

20.923 (16) Overtime and compensatory time exclusion. The salary paid to any person whose position is included under subs. (2), (4), (4g), (4m), (5) and (8) to (12) is deemed to compensate that person for all work hours. No overtime compensation may be paid, and no compensatory time under s. 103.025 may be provided, to any such person for hours worked in any workweek in excess of the standard basis of employment as specified in s. 230.35 (5) (a).

237,57w Section 57w. 20.9275 (2) (intro.) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

20.9275 (2) (intro.) No state agency or local governmental unit may authorize payment of funds of this state, of any local governmental unit or, subject to sub. (3m), of federal funds passing through the state treasury as a grant, subsidy or other funding that wholly or partially or directly or indirectly involves pregnancy programs, projects or services, including that is a grant, subsidy or other funding under s. 46.93, 46.995, 46.997, 253.05, 253.07, 253.08 or 253.085 or 42 USC 701 to 710, if any of the following applies:

237,57x Section 57x. 20.9275 (2) (a) (intro.) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

20.9275 (2) (a) (intro.) The pregnancy program, project or service using the state, local or federal funds does any of the following using the state, local or federal funds:

237,58 Section 58 . 21.25 of the statutes is created to read:

21.25 Badger Challenge program. (1) The department of military affairs shall administer the Badger Challenge program for disadvantaged youth. The department of military affairs shall promulgate rules for administering the Badger Challenge program.

(2) The department of military affairs may assess and collect a reasonable fee from persons participating in the Badger Challenge program. Fees collected under this subsection shall be credited to the appropriation under s. 20.465 (4) (g).

237,58g Section 58g. 21.26 of the statutes is created to read:

21.26 Youth Challenge program. The department of military affairs shall administer the Youth Challenge program for disadvantaged youth under 32 USC 509.

237,58m Section 58m. 21.49 (1) (b) 1. of the statutes is amended to read:

21.49 (1) (b) 1. The extension division and any center or campus of the university of Wisconsin system.

237,59 Section 59. 25.32 of the statutes is created to read:

25.32 Computer escrow fund. There is established a separate nonlapsible fund, denominated the computer escrow fund, consisting of moneys transferred under 1997 Wisconsin Act .... (this act), section 9242 (12 ).

237,59m Section 59m. 25.32 of the statutes, as created by 1997 Wisconsin Act .... (this act), is repealed.

237,59n Section 59n. 25.40 (1) (ij) of the statutes, as created by 1997 Wisconsin Act 135, is amended to read:

25.40 (1) (ij) All moneys forwarded by county treasurers from railroad crossing improvement assessments required under ss. 346.177, 346.495 and 346.65 (4r), as provided in s. 59.25 (3) (f) 2.

237,60 Section 60 . 25.43 (1) (ae) of the statutes is created to read:

25.43 (1) (ae) All grants for clean water fund program federal financial hardship assistance provided by the federal government under P.L. 104-134, Title III.

237,61 Section 61 . 25.43 (2) (ae) of the statutes is created to read:

25.43 (2) (ae) There is established in the environmental improvement fund a clean water fund program federal financial hardship assistance account consisting of the grants under sub. (1) (ae).

237,62 Section 62 . 25.43 (2) (c) of the statutes, as affected by 1997 Wisconsin Acts 27 and 35, is amended to read:

25.43 (2) (c) The department of administration may establish and change accounts in the environmental improvement fund other than those under pars. (a), (ae), (am) and (b). The department of administration shall consult the department of natural resources before establishing or changing an account that is needed to administer the programs under ss. 281.58, 281.59 or 281.61.

237,63 Section 63 . 25.43 (3) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

25.43 (3) Except for the purpose of investment as provided in s. 25.17 (2) (d), the environmental improvement fund may be used only for the purposes authorized under ss. 20.320 (1) (r), (s), (sm), (t) and, (x) and (y) and (2) (s) and (x), 20.370 (4) (mt), (mx) and (nz), (8) (mr) and (9) (mt), (mx) and (ny), 20.505 (1) (v), (x) and (y), 281.58, 281.59, 281.60, 281.61 and 281.62.

237,63g Section 63g. 28.11 (5m) of the statutes is renumbered 28.11 (5m) (a) (intro.) and amended to read:

28.11 (5m) (a) (intro.) The department may make grants, from the appropriation under s. 20.370 (5) (bw), to counties having lands entered under sub. (4) to fund up to 50% of the salary of all of the following for one professional forester in the position of county forest administrator or assistant county forest administrator.:

(b) The department may not make a grant under this subsection for a year for which the department has not approved the annual work plan that was approved by the county board under sub. (5) (b). The department may not base the amount of a county's grant on the acreage of the county's forest land.

237,63r Section 63r. 28.11 (5m) (a) 1. and 2. of the statutes are created to read:

28.11 (5m) (a) 1. Up to 50% of the forester's salary.

2. Up to 50% of the forester's fringe benefits, except that the fringe benefits may not exceed 40% of the forester's salary.

237,63w Section 63w. 29.01 (11d) of the statutes, as created by 1997 Wisconsin Act 27, is repealed.

237,64 Section 64 . 29.09 (11r) of the statutes is created to read:

29.09 (11r) Denial and revocation of approvals based on tax delinquency. (a) Social security and identification numbers required. The department shall require an applicant who is an individual to provide his or her social security number and an applicant who is not an individual to provide the applicant's federal employer identification number as a condition of applying for, or applying to renew, any of the following approvals:

1. A license issued under s. 29.134.

2. A wholesale fish dealer license issued under s. 29.135.

3. A taxidermist permit issued under s. 29.136 (2).

4. A bait dealer license issued under s. 29.137.

5. A guide license issued under s. 29.165.

6. A sport trolling license issued under s. 29.166.

7. A commercial fishing license issued under s. 29.33.

8. A net license issued under s. 29.34.

9. A slat net license issued under s. 29.343.

10. A trammel net license issued under s. 29.344.

11. A set or bank pole license issued under s. 29.36.

12. A setline license issued under s. 29.37.

13. A clamming license or permit issued under s. 29.38.

14. A fish farm permit issued under s. 29.521.

14m. A fish importation permit under s. 29.525.

14r. A fish stocking permit under s. 29.53.

15. A wild rice dealer license issued under s. 29.544 (4) (b).

16. A wild ginseng dealer license issued under s. 29.547 (7).

17. A license issued under s. 29.573.

18. A game bird or animal farm license issued under s. 29.574.

19. A fur animal farm license issued under s. 29.575.

20. A deer farm license or a permit issued under s. 29.578.

21. A wildlife exhibit license issued under s. 29.585.

(b) Duplicates. For purposes of this subsection, an application for a duplicate of an approval specified in par. (a) shall be considered an application for the issuance of the approval.

(c) Disclosure of numbers. The department of natural resources may not disclose any information received under par. (a) to any person except to the department of revenue for the sole purpose of making certifications required under s. 73.0301.

(d) Denial and revocation. The department shall deny an application to issue or renew, or revoke if already issued, an approval specified in par. (a) if the applicant for or the holder of the approval fails to provide the information required under par. (a) or if the department of revenue certifies that the applicant or approval holder is liable for delinquent taxes under s. 73.0301.

237,65 Section 65 . 29.134 (3) of the statutes, as affected by 1997 Wisconsin Act .... (Senate Bill 494), is amended to read:

29.134 (3) Licenses shall be issued, subject to s. 29.09 (11m) and (11r), by the department upon application. The form of application and license shall be prescribed by the department.

237,66 Section 66 . 29.135 (3) of the statutes, as affected by 1997 Wisconsin Act .... (Senate Bill 494), is amended to read:

29.135 (3) Issuance. The department shall issue a wholesale fish dealer license to any person 18 years of age or older who applies for this license, if that person is not otherwise prohibited from being issued a license under s. 29.09 (11m) and (11r), 29.99 or 29.995.

237,66e Section 66e. 29.138 (3) (a) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

29.138 (3) (a) For any approval issued under this section, the band shall collect the same amount that would be collected for the equivalent approval under s. 29.092, including the issuing fee under s. 29.092 (15). The band shall retain all of the fees collected under this paragraph, except as provided in sub. (5r).

237,66h Section 66h. 29.138 (5r) of the statutes is created to read:

29.138 (5r) Fees to the department. The department may require that the band remit all of the fees collected under sub. (3) (a) to the department. If the department so requires, all of these fees shall be deposited in the conservation fund and credited to the appropriation account under s. 20.370 (9) (hs).

237,67 Section 67 . 29.33 (2) (d) of the statutes, as affected by 1997 Wisconsin Act .... (Senate Bill 494), is amended to read:

29.33 (2) (d) Transfer of license. The department may, upon application, permit the transfer of a license to any similar boat during the time a licensed boat is disabled or undergoing repairs or upon the sale of a licensed boat. The department shall promulgate rules governing the transfer of commercial fishing licenses between individuals equally qualified to hold the licenses and to members of a licensee's immediate family provided the rules assure the wise use and conservation of the fish resources being harvested under the license. The rules shall relate only to those waters in which the number of licenses is limited. The commercial fishing boards, under sub. (7), shall approve or deny transfers of commercial fishing licenses in accordance with the rules promulgated under this section. For purposes of s. 29.09 (11m) and (11r), a transfer of a license under this section shall be considered an issuance of a license to the transferee.

237,68 Section 68 . 29.50 (1) (e) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

29.50 (1) (e) The transportation and sale of farm-raised fish.

237,68f Section 68f. 29.51 (3m) (b) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

29.51 (3m) (b) Paragraph (a) does not authorize the department of natural resources to remove fish or fish eggs from a self-contained fish rearing facility or from a preexisting fish rearing facility that is barrier equipped and that is an artificial body of water unless the department of agriculture, trade and consumer protection has requested that the department of natural resources remove the fish or fish eggs to address a problem affecting fish health.

237,68m Section 68m. 29.514 (1) (c) of the statutes is created to read:

29.514 (1) (c) The registrant held a private fish hatchery license under s. 29.52, 1995 stats., on December 31, 1997, that applied to the body of water being registered as a private fishing preserve.

237,68s Section 68s. 29.521 (1) (c) 2. of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

29.521 (1) (c) 2. A preexisting fish rearing facility that is barrier equipped.

237,69 Section 69 . 29.521 (2) (a) of the statutes, as affected by 1997 Wisconsin Act .... (Senate Bill 494), is amended to read:

29.521 (2) (a) The department, subject to s. 29.09 (11m) and (11r), shall issue a permit under this subsection for a natural body of water specified under sub. (1) (c) 1. if the department determines that no substantial public interest exists in the body of water and that no public or private rights in the body of water will be damaged.

237,70 Section 70 . 29.521 (2) (c) 1. of the statutes, as affected by 1997 Wisconsin Act .... (Senate Bill 494), is amended to read:

29.521 (2) (c) 1. The department, subject to s. 29.09 (11m) and (11r), shall renew a permit issued under this subsection unless the department determines that there has been a substantial change in circumstances that is related to a determination made under par. (a) for the natural body of water or that is related to the application of the criteria promulgated under par. (f) to the body of water.

237,70g Section 70g. 29.522 of the statutes is created to read:

29.522 Barriers required for fish farms. No person may use any body of water as a fish farm or as part of a fish farm unless the body of water is equipped with barriers that prevent the passage of fish between it and the other waters of the state.

237,70r Section 70r. 29.53 (1) (c) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

29.53 (1) (c) “Waters of the state" does not include self-contained fish rearing facilities or preexisting fish rearing facilities that are barrier equipped and that are artificial bodies of water or self-contained fish rearing facilities.