Amendment ASA1-AB100

AB100-ASA1, s. 623 Section 623. 23.293 (4) of the statutes is amended to read:

AB100-ASA1,437,9 23.293 (4) Contributions and gifts; state match. The department may accept contributions and gifts for the ice age trail program. The department may convert gifts of land which it determines are not appropriate for the ice age trail program into cash. The department may convert other noncash contributions and gifts into cash. These moneys shall be deposited in the general fund and credited to the appropriation under s. 20.370 (1) (gg) (7) (gg). An amount equal to the value of all contributions and gifts shall be released from the appropriation under s. 20.866 (2) (tw) or (tz) or both to be used for land acquisition and development activities under s. 23.17. The department shall determine how the moneys being released are to be allocated from these appropriations. No moneys may be released under s. 20.866 (2) (tz) before July 1, 1990.

AB100-ASA1, s. 774am Section 774am. 23.32 (2) (d) of the statutes is repealed.

AB100-ASA1, s. 775am Section 775am. 23.325 (1) (a) of the statutes is amended to read:

AB100-ASA1,437,15 23.325 (1) (a) Shall consult with the land information board, the department of transportation and the state cartographer, and may consult with other potential users of the photographic products resulting from the survey, to determine the scope and character of the survey.

AB100-ASA1, s. 624 Section 624. 23.33 (1) (id) of the statutes is created to read:

AB100-ASA1,437,18 23.33 (1) (id) "Lac du Flambeau band" means the Lac du Flambeau band of Lake Superior Chippewa.

AB100-ASA1, s. 625 Section 625. 23.33 (1) (ie) of the statutes is created to read:

AB100-ASA1,437,22 23.33 (1) (ie) "Lac du Flambeau reservation" means the territory within the boundaries of the Lac du Flambeau reservation that were in existence on April 10, 1996.

AB100-ASA1, s. 626 Section 626. 23.33 (2) (a) of the statutes is amended to read:

AB100-ASA1,438,8 23.33 (2) (a) Requirement. No person may operate and no owner may give permission for the operation of an all-terrain vehicle within this state unless the all-terrain vehicle is registered for public use or for private use with the department under this section subsection or sub. (2g), is exempt from registration or is operated with a reflectorized plate attached in the manner specified under par. (dm) 3. No person may operate and no owner may give permission for the operation of an all-terrain vehicle on a public all-terrain vehicle route or trail unless the all-terrain vehicle is registered for public use with the department under this section subsection or sub. (2g), is exempt from registration or is operated with a reflectorized plate attached in the manner specified under par. (dm) 3.

AB100-ASA1, s. 627 Section 627. 23.33 (2g) of the statutes is created to read:

AB100-ASA1,438,16 23.33 (2g) Lac du Flambeau band registration program. (a) Authorization for issuance. The Lac du Flambeau band may issue registration certificates for public use or private use for all-terrain vehicles that are equivalent to the registration certificates for public use or private use that are issued by the department. The Lac du Flambeau band may renew and transfer a registration certificate that it or the department has issued. The Lac du Flambeau band may issue duplicates of only those registration certificates that it issues under this subsection.

AB100-ASA1,438,23 (b) Requirements for issuance; fees; effective periods. 1. For issuing or renewing a registration certificate under this subsection, the Lac du Flambeau band shall collect the same fee that would be collected for the equivalent registration certificate under sub. (2) (c) and (d). For transferring a registration certificate or issuing a duplicate registration certificate under this subsection, the Lac du Flambeau band shall collect the same fee that would be collected for the equivalent service under sub. (2) (e).

AB100-ASA1,439,3 2. The Lac du Flambeau band may not issue, renew or otherwise process registration certificates under this subsection in conjunction with discount coupons or as part of a promotion or other merchandising offer.

AB100-ASA1,439,7 3. For a registration certificate issued, transferred or renewed under this subsection, the effective period shall be the same as it would be for the equivalent registration certificate under sub. (2) (f) 1. or (g) or under a rule promulgated under sub. (2) (f) 2.

AB100-ASA1,439,10 4. The Lac du Flambeau band may issue, renew or otherwise process registration certificates under this subsection only to applicants who appear in person on the Lac du Flambeau reservation.

AB100-ASA1,439,14 (c) Requirements for registration applications and decals. 1. The Lac du Flambeau band shall use registration applications and registration certificates that are substantially similar to those under sub. (2) with regard to length, legibility and information content.

AB100-ASA1,439,17 2. The Lac du Flambeau band shall use registration decals that are substantially similar to those under sub. (2) with regard to color, size, legibility, information content and placement on the all-terrain vehicle.

AB100-ASA1,439,20 3. The Lac du Flambeau band shall use a sequential numbering system that includes a series of letters or initials that identify the Lac du Flambeau band as the issuing authority.

AB100-ASA1,439,22 (d) Registration information. The Lac du Flambeau band shall provide registration information to the state in one of the following ways:

AB100-ASA1,440,2 1. By transmitting all additions, changes or deletions of registration information to persons identified in the agreement described in par. (f), for incorporation into the registration records of this state, within one working day after the addition, change or deletion.

AB100-ASA1,440,6 2. By establishing a 24-hour per day data retrieval system, consisting of either a law enforcement agency with 24-hour per day staffing or a computerized data retrieval system to which law enforcement officials of this state have access at all times.

AB100-ASA1,440,11 (e) Reports; records; tax collection. 1. Before June 1 annually, the Lac du Flambeau band shall submit a report to the department notifying it of the number of each type of registration certificate that the Lac du Flambeau band issued, transferred or renewed for the period beginning on April 1 of the previous year and ending on March 31 of the year in which the report is submitted.

AB100-ASA1,440,16 2. For law enforcement purposes, the Lac du Flambeau band shall make available for inspection by the department during normal business hours the Lac du Flambeau band's records of all registration certificates issued, renewed or otherwise processed under this subsection, including copies of all applications made for certificates.

AB100-ASA1,440,20 3. The Lac du Flambeau band shall ensure that the record of each registration certificate issued, renewed or otherwise processed under this subsection, including a copy of each application made, is retained for at least 2 years after the date of expiration of the certificate.

AB100-ASA1,440,25 4. The Lac du Flambeau band shall collect the sales and use taxes due under s. 77.61 (1) on any all-terrain vehicle registered under this subsection and make the report in respect to those taxes. On or before the 15th day of each month, the Lac du Flambeau band shall pay to the department of revenue all taxes that the Lac du Flambeau band collected in the previous month.

AB100-ASA1,441,4 (f) Applicability. This subsection does not apply unless the department and the Lac du Flambeau band have in effect a written agreement, approved by the joint committee on finance, under which the Lac du Flambeau band agrees to comply with pars. (a) to (e) and that contains all of the following terms:

AB100-ASA1,441,6 1. The manner in which the Lac du Flambeau band will limit its treaty-based right to fish outside the Lac du Flambeau reservation.

AB100-ASA1,441,10 2. A requirement that the fees collected by the Lac du Flambeau band under par. (b) be used only for a program for registering all-terrain vehicles, for regulating all-terrain vehicles and their operation and for providing all-terrain vehicle trails and all-terrain vehicle facilities.

AB100-ASA1, s. 628 Section 628. 23.33 (4) (d) 5. of the statutes is amended to read:

AB100-ASA1,441,18 23.33 (4) (d) 5. On roadways if the all-terrain vehicle is an implement of husbandry, if the all-terrain vehicle is used exclusively for agricultural purposes and if the all-terrain vehicle is registered for private use under sub. (2) (d) or (2g). Operation of an all-terrain vehicle which is an implement of husbandry on a roadway is authorized only for the extreme right side of the roadway except that left turns may be made from any part of the roadway which is safe given prevailing conditions.

AB100-ASA1, s. 629 Section 629. 23.33 (4z) (b) of the statutes is amended to read:

AB100-ASA1,441,23 23.33 (4z) (b) The department shall develop and issue an educational pamphlet on the intoxicated operation of an all-terrain vehicle law to be distributed, beginning in 1989, to persons issued all-terrain vehicle registration certificates under subs. (2) and (2g).

AB100-ASA1, s. 630 Section 630. 23.33 (9) (a) (title) of the statutes is repealed and recreated to read:

AB100-ASA1,442,1 23.33 (9) (a) (title) Enforcement.

AB100-ASA1, s. 631 Section 631. 23.33 (9) (a) of the statutes is amended to read:

AB100-ASA1,442,8 23.33 (9) (a) The department may utilize up to 50% of the moneys received under sub. (2) for all-terrain vehicle registration aids administration and for the purposes specified under s. 20.370 (3) (as), and (5) (er) and (mu) and (8) (ds) including costs associated with registration, enforcement, safety education, accident reports and analysis, law enforcement aids to counties, aids administration and other similar costs in administering and enforcing this section.

AB100-ASA1, s. 783d Section 783d. 23.33 (9) (b) 1. of the statutes is repealed.

AB100-ASA1, s. 783g Section 783g. 23.33 (9) (b) 2. (intro.) of the statutes is renumbered 23.33 (9) (b) (intro.) and amended to read:

AB100-ASA1,442,16 23.33 (9) (b) All-terrain vehicle projects. (intro.) Any of the following all-terrain vehicle projects are eligible for funding under this paragraph as a state all-terrain vehicle project from the appropriation account under s. 20.370 (1) (ms) or for aid under this paragraph as a nonstate all-terrain vehicle project from the appropriation accounts under s. 20.370 (5) (ct) and (cu):

AB100-ASA1, s. 783m Section 783m. 23.33 (9) (b) 2. a. to f. of the statutes are renumbered 23.33 (9) (b) 1. to 6.

AB100-ASA1, s. 783s Section 783s. 23.33 (9) (b) 3. of the statutes is renumbered 23.33 (9) (c) and amended to read:

AB100-ASA1,442,24 23.33 (9) (c) (title) Signs. In addition to the projects listed in subd. 2. par. (b), the department may provide aid under this paragraph subsection to a town, village, city or county for up to 100% of the cost of placing signs developed under sub. (4z) (a) 2.

AB100-ASA1, s. 783v Section 783v. 23.36 of the statutes is created to read:

AB100-ASA1,443,3 23.36 Natural resources agreements with federally recognized American Indian tribes and bands. (1) In this section, "tribe or band" means a federally recognized American Indian tribe or band.

AB100-ASA1,443,7 (2) Before the department and a tribe or band enter into any agreement that affects the regulation of the harvest of fish or game in the state, the department shall first obtain the approval of the proposed agreement by the joint committee on finance if the proposed agreement will authorize or recognize any of the following:

AB100-ASA1,443,9 (a) The issuance by the tribe or band of hunting or fishing approvals under ch. 29 to persons who are not members of the tribe or band.

AB100-ASA1,443,12 (b) The registration or certification by the tribe or band of all-terrain vehicles, boats or snowmobiles that are not owned by persons who are members of the tribe or band.

AB100-ASA1, s. 783x Section 783x. 23.39 of the statutes is repealed.

AB100-ASA1, s. 632 Section 632. 23.405 (title) of the statutes is renumbered 23.425 (title).

AB100-ASA1, s. 633 Section 633. 23.405 (1) of the statutes is renumbered 23.425 (1).

AB100-ASA1, s. 634 Section 634. 23.405 (2) (a) of the statutes is renumbered 23.425 (2) (a).

AB100-ASA1, s. 635 Section 635. 23.405 (2) (b) of the statutes is renumbered 23.425 (2) (b) and amended to read:

AB100-ASA1,443,21 23.425 (2) (b) The fees collected by the department under par. (a) for the use of the MacKenzie environmental center shall be deposited in the general fund and credited to the appropriation under s. 20.370 (5) (gb) (9) (gb).

AB100-ASA1, s. 636 Section 636. 23.41 (5m) of the statutes is renumbered 23.41 (5m) (intro.) and amended to read:

AB100-ASA1,444,2 23.41 (5m) (intro.) If the governor or the governor's designee determines that it is in the best interest of this state, he or she may waive the requirement under sub. (5) for bids or competitive sealed proposals in under any of the following circumstances:

AB100-ASA1,444,4 (a) In an emergency involving the public health, welfare or safety or the environment.

AB100-ASA1, s. 637 Section 637. 23.41 (5m) (b) of the statutes is created to read:

AB100-ASA1,444,9 23.41 (5m) (b) The department desires to use innovative or patented technology that is available from only one source and that in the judgment of the department would provide the best practicable hazardous substance spill response under s. 292.11 or environmental repair under s. 292.31.

AB100-ASA1, s. 638 Section 638. 23.51 (2p) of the statutes is created to read:

AB100-ASA1,444,12 23.51 (2p) "Crime laboratories and drug law enforcement assessment" means the assessment imposed under s. 165.755.

AB100-ASA1, s. 639 Section 639. 23.51 (8) of the statutes is amended to read:

AB100-ASA1,444,16 23.51 (8) "Violation" means conduct which is prohibited by state law or municipal ordinance and punishable by a forfeiture, a penalty assessment and, a jail assessment and a crime laboratories and drug law enforcement assessment.

AB100-ASA1, s. 640 Section 640. 23.54 (3) (e) of the statutes is amended to read:

AB100-ASA1,444,24 23.54 (3) (e) The maximum forfeiture, penalty assessment, jail assessment, crime laboratories and drug law enforcement assessment, applicable weapons assessment, applicable environmental assessment, applicable wild animal protection assessment, applicable natural resources assessment, applicable fishing shelter removal assessment, applicable snowmobile registration restitution payment and applicable natural resources restitution payment for which the defendant might be found liable.

AB100-ASA1, s. 641 Section 641. 23.54 (3) (i) of the statutes is amended to read:

AB100-ASA1,445,11 23.54 (3) (i) Notice that if the defendant makes a deposit and fails to appear in court at the time fixed in the citation, the defendant will be deemed to have tendered a plea of no contest and submitted to a forfeiture, a penalty assessment, a jail assessment, a crime laboratories and drug law enforcement assessment, any applicable weapons assessment, any applicable environmental assessment, any applicable wild animal protection assessment, any applicable natural resources assessment, any applicable fishing shelter removal assessment, any applicable snowmobile registration restitution payment and any applicable natural resources restitution payment plus costs, including any applicable fees prescribed in ch. 814, not to exceed the amount of the deposit. The notice shall also state that the court may decide to summon the defendant rather than accept the deposit and plea.

AB100-ASA1, s. 642 Section 642. 23.54 (3) (j) of the statutes is amended to read:

AB100-ASA1,445,25 23.54 (3) (j) Notice that if the defendant makes a deposit and signs the stipulation, the defendant will be deemed to have tendered a plea of no contest and submitted to a forfeiture, a penalty assessment, a jail assessment, a crime laboratories and drug law enforcement assessment, any applicable weapons assessment, any applicable environmental assessment, any applicable wild animal protection assessment, any applicable natural resources assessment, any applicable fishing shelter removal assessment, any applicable snowmobile registration restitution payment and any applicable natural resources restitution payment plus costs, including any applicable fees prescribed in ch. 814, not to exceed the amount of the deposit. The notice shall also state that the court may decide to summon the defendant rather than accept the deposit and stipulation, and that the defendant may, at any time prior to or at the time of the court appearance date, move the court for relief from the effects of the stipulation.

AB100-ASA1, s. 643 Section 643. 23.55 (1) (b) of the statutes is amended to read:

AB100-ASA1,446,12 23.55 (1) (b) A plain and concise statement of the violation identifying the event or occurrence from which the violation arose and showing that the plaintiff is entitled to relief, the statute upon which the cause of action is based and a demand for a forfeiture, the amount of which shall not exceed the maximum set by the statute involved, a penalty assessment, a jail assessment, a crime laboratories and drug law enforcement assessment, any applicable weapons assessment, any applicable environmental assessment, any applicable wild animal protection assessment, any applicable natural resources assessment, any applicable fishing shelter removal assessment, any applicable snowmobile registration restitution payment, any applicable natural resources restitution payment and any other relief that is sought by the plaintiff.

AB100-ASA1, s. 644 Section 644. 23.66 (2) of the statutes is amended to read:

AB100-ASA1,447,6 23.66 (2) The person receiving the deposit shall prepare a receipt in triplicate showing the purpose for which the deposit is made, stating that the defendant may inquire at the office of the clerk of court or municipal court regarding the disposition of the deposit, and notifying the defendant that if he or she fails to appear in court at the time fixed in the citation he or she will be deemed to have tendered a plea of no contest and submitted to a forfeiture, a penalty assessment, a jail assessment, a crime laboratories and drug law enforcement assessment, any applicable weapons assessment, any applicable environmental assessment, any applicable wild animal protection assessment, any applicable natural resources assessment, any applicable fishing shelter removal assessment, any applicable snowmobile registration restitution payment and any applicable natural resources restitution payment plus costs, including any applicable fees prescribed in ch. 814, not to exceed the amount of the deposit which the court may accept. The original of the receipt shall be delivered to the defendant in person or by mail. If the defendant pays by check, share draft or other draft, the check, share draft or other draft or a microfilm copy of the check, share draft or other draft shall be considered a receipt. If the defendant makes the deposit by use of a credit card, the credit charge receipt shall be considered a receipt.

AB100-ASA1, s. 645 Section 645. 23.66 (4) of the statutes is amended to read:

AB100-ASA1,447,18 23.66 (4) The basic amount of the deposit shall be determined in accordance with a deposit schedule that the judicial conference shall establish. Annually, the judicial conference shall review and may revise the schedule. In addition to the basic amount determined according to the schedule, the deposit shall include court costs, including any applicable fees prescribed in ch. 814, any applicable penalty assessment, any applicable jail assessment, any applicable crime laboratories and drug law enforcement assessment, any applicable weapons assessment, any applicable environmental assessment, any applicable wild animal protection assessment, any applicable natural resources assessment, any applicable fishing shelter removal assessment, any applicable snowmobile registration restitution payment and any applicable natural resources restitution payment.

AB100-ASA1, s. 646 Section 646. 23.67 (2) of the statutes is amended to read:

AB100-ASA1,448,4 23.67 (2) The deposit and stipulation of no contest may be made at any time prior to the court appearance date. By signing the stipulation, the defendant is deemed to have tendered a plea of no contest and submitted to a forfeiture, a penalty assessment, a jail assessment, a crime laboratories and drug law enforcement assessment, any applicable weapons assessment, any applicable environmental assessment, any applicable wild animal protection assessment, any applicable natural resources assessment, any applicable fishing shelter removal assessment, any applicable snowmobile registration restitution payment and any applicable natural resources restitution payment plus costs, including any applicable fees prescribed in ch. 814, not to exceed the amount of the deposit.

AB100-ASA1, s. 647 Section 647. 23.67 (3) of the statutes is amended to read:

AB100-ASA1,448,18 23.67 (3) The person receiving the deposit and stipulation of no contest shall prepare a receipt in triplicate showing the purpose for which the deposit is made, stating that the defendant may inquire at the office of the clerk of court or municipal court regarding the disposition of the deposit, and notifying the defendant that if the stipulation of no contest is accepted by the court the defendant will be deemed to have submitted to a forfeiture, a penalty assessment, a jail assessment, a crime laboratories and drug law enforcement assessment, any applicable weapons assessment, any applicable environmental assessment, any applicable wild animal protection assessment, any applicable natural resources assessment, any applicable fishing shelter removal assessment, any applicable snowmobile registration restitution payment and any applicable natural resources restitution payment plus costs, including any applicable fees prescribed in ch. 814, not to exceed the amount of the deposit. Delivery of the receipt shall be made in the same manner as in s. 23.66.

AB100-ASA1, s. 648 Section 648. 23.75 (3) (a) 2. of the statutes is amended to read:

AB100-ASA1,449,5 23.75 (3) (a) 2. If the court considers the nonappearance to be a plea of no contest and enters judgment accordingly, the court shall promptly mail a copy or notice of the judgment to the defendant. The judgment shall allow the defendant not less than 20 working days from the date the judgment copy or notice is mailed to pay the forfeiture, penalty assessment and, jail assessment and crime laboratories and drug law enforcement assessment, any applicable weapons assessment, any applicable environmental assessment, any applicable wild animal protection assessment, any applicable natural resources assessment, any applicable fishing shelter removal assessment, any applicable snowmobile registration restitution payment and any applicable natural resources restitution payment plus costs, including any applicable fees prescribed in ch. 814.

AB100-ASA1, s. 649 Section 649. 23.75 (3) (b) of the statutes is amended to read:

AB100-ASA1,450,2 23.75 (3) (b) If the defendant has made a deposit, the citation may serve as the initial pleading and the defendant shall be deemed to have tendered a plea of no contest and submitted to a forfeiture, a penalty assessment, a jail assessment, a crime laboratories and drug law enforcement assessment, any applicable weapons assessment, any applicable environmental assessment, any applicable wild animal protection assessment, any applicable natural resources assessment, any applicable fishing shelter removal assessment, any applicable snowmobile registration restitution payment and any applicable natural resources restitution payment plus any applicable fees prescribed in ch. 814, not exceeding the amount of the deposit. The court may either accept the plea of no contest and enter judgment accordingly, or reject the plea and issue a summons. If the defendant fails to appear in response to the summons, the court shall issue an arrest warrant. If the court accepts the plea of no contest, the defendant may move within 90 days after the date set for appearance to withdraw the plea of no contest, open the judgment and enter a plea of not guilty if the defendant shows to the satisfaction of the court that failure to appear was due to mistake, inadvertence, surprise or excusable neglect. If a party is relieved from the plea of no contest, the court or judge may order a written complaint to be filed and set the matter for trial. After trial the costs and fees shall be taxed as provided by law. If on reopening the defendant is found not guilty, the court shall delete the record of conviction and shall order the defendant's deposit returned.

AB100-ASA1, s. 650 Section 650. 23.75 (3) (c) of the statutes is amended to read:

AB100-ASA1,450,22 23.75 (3) (c) If the defendant has made a deposit and stipulation of no contest, the citation may serve as the initial pleading and the defendant shall be deemed to have tendered a plea of no contest and submitted to a forfeiture, a penalty assessment, a jail assessment, a crime laboratories and drug law enforcement assessment, any applicable weapons assessment, any applicable environmental assessment, any applicable wild animal protection assessment, any applicable natural resources assessment, any applicable fishing shelter removal assessment, any applicable snowmobile registration restitution payment and any applicable natural resources restitution payment plus any applicable fees prescribed in ch. 814, not exceeding the amount of the deposit. The court may either accept the plea of no contest and enter judgment accordingly, or reject the plea and issue a summons. If the defendant fails to appear in response to the summons, the court shall issue an arrest warrant. After signing a stipulation of no contest, the defendant may, at any time prior to or at the time of the court appearance date, move the court for relief from the effect of the stipulation. The court may act on the motion, with or without notice, for cause shown by affidavit and upon just terms, and relieve the defendant from the stipulation and the effects thereof. If the defendant is relieved from the stipulation of no contest, the court may order a citation or complaint to be filed and set the matter for trial. After trial the costs and fees shall be taxed as provided by law.

AB100-ASA1, s. 651 Section 651. 23.79 (1) of the statutes is amended to read:

AB100-ASA1,451,7 23.79 (1) If the defendant is found guilty, the court may enter judgment against the defendant for a monetary amount not to exceed the maximum forfeiture provided by the statute for the violation, the penalty assessment, the jail assessment, the crime laboratories and drug law enforcement assessment, any applicable weapons assessment, any applicable environmental assessment, any applicable wild animal protection assessment, any applicable natural resources assessment, any applicable fishing shelter removal assessment, any applicable snowmobile registration restitution payment, any applicable natural resources restitution payment and for costs.

AB100-ASA1, s. 652 Section 652. 23.80 (2) of the statutes is amended to read: