SB77-SSA1,529,19
17(c)
Abatement for wildlife damage claims. 1. The department may offer wildlife
18damage abatement measures to any person who is eligible under par. (a) as a
19condition for receiving a claim payment under sub. (3).
SB77-SSA1,529,2320
2. If a person refuses to accept the wildlife damage abatement measures offered
21by the department under subd. 1., the person may not receive a claim payment under
22sub. (3) for the land, apiaries or livestock that would have been subject to the
23abatement measures.
SB77-SSA1,530,324
(d)
Payment. The department may offer or approve only those wildlife damage
25abatement measures that are cost-effective in relation to the wildlife damage claim
1payments that would be paid if the wildlife damage abatement measures are not
2implemented. The department shall provide funding for the entire cost of any
3wildlife damage abatement measures implemented under this subsection.
SB77-SSA1,530,15
4(5) Land required to be open to hunting; penalties. (a)
Requirements. A
5person who receives wildlife damage abatement assistance or wildlife damage claim
6payments and any other person who owns, leases or controls the land where the
7wildlife damage occurred shall permit hunting of the wild animals causing the
8wildlife damage on that land and on contiguous land under the same ownership,
9lease or control. In order to satisfy the requirement to permit hunting under this
10subsection, the land shall be open to hunting during the appropriate open season.
11The department, shall determine the acreage of land suitable for hunting. This
12subsection does not prohibit a person who owns, leases or occupies land on which
13wildlife damage occurs and who does not have the authority to control entry on the
14land for the purposes of hunting from receiving wildlife damage abatement
15assistance or wildlife damage claim payments.
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(b)
Penalties. If any person who is required to permit hunting on land as
17required under par. (a) fails to do so, the person is liable for all of the following:
SB77-SSA1,530,1818
1. Repayment of any money paid for a wildlife damage claim.
SB77-SSA1,530,2019
2. Payment of the cost of any abatement funding or measures paid for by the
20department under this section.
SB77-SSA1,530,2321
3. Payment of the costs to the department for reviewing and approving the
22wildlife damage claim or abatement measure or abatement funding and the costs to
23the department in investigating the failure to permit hunting on the land.
SB77-SSA1,531,6
24(6) Amount of funding. In each fiscal year, the department shall submit to the
25joint committee on finance a proposal for the amount of funds to be expended under
1the wildlife damage claim and abatement program. The department may not expend
2any moneys in any fiscal year for the program until the joint committee on finance
3has approved the proposal for that fiscal year. The department may request the joint
4committee on finance to amend the amount of any expenditure approved under this
5subsection for a fiscal year and the committee may thereafter approve a revised
6amount for expenditure in that fiscal year.
SB77-SSA1,531,10
7(7) Review. The department's determination of the amount of wildlife damage,
8the amount of a wildlife damage claim or the requirements for and funding of wildlife
9damage abatement measures shall be treated as final decisions for purposes of
10review.
SB77-SSA1,531,14
11(8) Records; entry to land. (a)
Records. A person receiving wildlife damage
12abatement assistance or wildlife damage claim payments and a wildlife damage
13estimator shall retain all records as required by the department and make them
14available to the department for inspection at reasonable times.
SB77-SSA1,531,1715
(b)
Entry to land. The department may enter and inspect, at reasonable times,
16any land for which a wildlife damage claim has been submitted or for which wildlife
17damage abatement measures have been implemented.
SB77-SSA1,531,22
18(c)
Responsibilities. No person may refuse entry or access to or withhold
19records from the department under this subsection. No person may obstruct or
20interfere with an inspection by the department. The department, if requested, shall
21furnish to the person a report setting forth all of the factual findings by the
22department that relate to the inspection.
SB77-SSA1,532,4
23(9) Audits. The department shall conduct random audits of claims paid and
24abatement measures offered or approved under this section. The department shall
25conduct audits of all claims submitted by and payments made under sub. (3) to
1department employes or wildlife damage estimators certified under sub. (2) (c) and
2of all abatement measures for the benefit of crops, livestock or apiaries owned or
3controlled by these employes or damage estimators for which funding was provided
4under sub. (4).
SB77-SSA1,532,11
5(10) Negligence; fraud; penalties. (a)
Joint and several liability. For a given
6claim or request for wildlife damage claim payments or abatement funding under the
7wildlife damage claim and abatement program, if the person filing the claim or
8requesting the funding or the wildlife damage estimator negligently makes, or
9causes to be made, a false statement or representation of a material fact in making
10the claim or request, the person and the wildlife damage estimator are jointly and
11severally liable for all of the following:
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1. Repayment of any money paid to the person filing the claim.
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2. Payment of the cost of any abatement funding or measures paid for by the
14department under this section.
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3. Payment of the costs to the department for reviewing and approving the
16wildlife damage claim or abatement measure or abatement funding and the costs to
17the department in investigating and determining whether a false statement or
18representation was made.
SB77-SSA1,532,2119
(b)
Fraud. No person may knowingly make or cause to be made any false
20statement or representation of material fact under the wildlife damage claim and
21abatement program.
SB77-SSA1,532,2322
(c)
Fraud; penalties. A court finding a person to be in violation of par. (b) may
23order any of the following:
SB77-SSA1,532,2424
1. That the person make any of the payments under par. (a) 1. to 3.
SB77-SSA1,533,3
12. That the person pay a forfeiture equal to 2 times the total amount of wildlife
2damage claim payments received and the value of any wildlife abatement measures
3implemented, plus an amount not to exceed $1,000.
SB77-SSA1,533,64
3. The revocation of the person's privileges or approvals under s. 29.99 (12) if
5the person violating par. (b) owns, leases or controls land, or owns livestock or
6apiaries, to which the false statement or representation relates.
SB77-SSA1,533,97
4. That the person be prohibited from receiving any benefits under the wildlife
8damage claim and abatement program for a period of 10 years commencing after the
9day that the false statement or representation occurred.
SB77-SSA1,533,1210
(d)
Penalties; fraud; damage estimators. The department shall revoke the
11certification under sub. (2) (c) of a wildlife damage estimator whom a court finds to
12be in violation of par. (b).
SB77-SSA1,533,1813
(e)
Other liability. Any person who owns, leases or controls land or owns
14livestock or apiaries for which a benefit was received in violation of par. (b) is not
15eligible for any benefits under the wildlife damage claim and abatement program for
16a period of 10 years commencing after the day on which the false statement or
17representation occurred, regardless of whether the person knew or should have
18known of the false statement or misrepresentation.
SB77-SSA1,533,21
19(11) Annual report. (a)
Contents. The department shall prepare an annual
20report concerning wildlife damage and the wildlife damage claim and abatement
21program, including a summary of each of the following:
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1. All of the wildlife damage believed to have occurred in the state.
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2. The wildlife damage claims that were submitted under this section.
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3. The wildlife damage abatement measures that were offered or approved
25under this section.
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14. The percentage of the total number of submitted wildlife damage claims that
2are rejected for failure to meet the requirements of the program.
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5. The percentage of the total number of wildlife damage claims for which the
4amount of the payment to the claimant was prorated under sub. (3) (e).
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(b)
Submission; distribution. 1. The department shall submit the report under
6this subsection no later than January 1 of each year for distribution to the
7appropriate standing committee of the legislature in the manner provided under s.
813.172 (3). Except as provided in subd. 2., the report shall cover the 12-month period
9ending on the October 31 that immediately precedes the date of the report.
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2. The report that is submitted before January 1, 1999, shall cover the
1110-month period ending on October 31, 1998.
SB77-SSA1,534,1513
29.60
(2g) Subsections (1) and (2) do not apply to toxicants placed in the waters
14of a fish farm or a state or municipal fish hatchery that are necessary to the operation
15of the fish farm or fish hatchery.
SB77-SSA1,534,1717
29.62
(4) This section does not apply to farm-raised fish.
SB77-SSA1,534,24
1929.623 Control of detrimental fish. When the department finds that any
20species of fish is detrimental to any of the waters of the state it may, by rule, designate
21such species of fish and specify the waters in which such fish are found to be
22detrimental. Thereupon the department may remove such fish from the waters
23specified or cause them to be removed therefrom.
This section does not apply to
24farm-raised fish.
SB77-SSA1,535,4
129.645 Larceny of game. A person who, without permission of the owner,
2molests, disturbs or appropriates any wild animal or its carcass that has been
3lawfully reduced to possession by another shall forfeit not less than $1,000 nor more
4than $2,000. This section does not apply to farm-raised deer
or farm-raised fish.
SB77-SSA1,535,116
29.65
(1) (intro.) The department may bring a civil action in the name of the
7state for the recovery of damages against any person
unlawfully killing, wounding,
8catching, taking, trapping
, or having unlawfully in possession or possessing in
9violation of this chapter any of the following named protected wild animals, birds,
10or fish, or any part of an animal, bird or fish, and the sum assessed for damages for
11each wild animal, bird, or fish shall be not less than the amount stated in this section:
SB77-SSA1,535,2013
29.99
(15) In any prosecution under this section it is not necessary for the state
14to allege or prove that the animals were not farm-raised deer
, farm-raised fish or
15domesticated animals
;, that they were not taken for scientific purposes, or that they
16were taken or in possession or under control without a required approval. The person
17claiming that these animals were farm-raised deer
, farm-raised fish or
18domesticated animals, that they were taken for scientific purposes or that they were
19taken or in possession or under control under the required approval, has the burden
20of proving these facts.
SB77-SSA1,535,2322
30.277
(3) (k) Whether the project is related to brownfields redevelopment, as
23defined in s. 23.09 (19) (a) 1.
SB77-SSA1,536,6
130.277
(6) Rules. The department shall promulgate rules for the
2administration of this section, including rules that specify the weight to be assigned
3to each criterion under sub. (3) and the minimum number of criteria under sub. (3)
4in which an applicant must perform satisfactorily in order to be awarded a grant.
5In specifying the weight to be assigned to the criteria under sub. (3), the department
6shall assign the greatest weight to the criterion under sub. (3) (k).
SB77-SSA1,536,119
30.28
(2r) Fee for expedited service. (a) The department, by rule, may charge
10a supplemental fee for a permit or approval that is in addition to the fee charged
11under this section if all of the following apply:
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1. The applicant requests in writing that the permit or approval be issued
13within a time period that is shorter than the time limit under the rule promulgated
14under par. (b) for that type of permit or approval.
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2. The department verifies that it will be able to comply with the request.
SB77-SSA1,536,1816
(b) If the department promulgates a rule under par. (a), the rule shall contain
17a time limit for each type of permit or approval classified under sub. (2) (a) for
18determining whether the department will grant the permit or approval.
SB77-SSA1,536,2120
30.45
(7) (b) A sign erected by the state or municipality in charge of a highway
,
21or by a person authorized under s. 86.19 (7).
SB77-SSA1,536,2423
30.52
(3m) (b) All moneys collected under par. (a) shall be deposited into the
24account under s. 20.370
(1) (is) (3) (is).
SB77-SSA1, s. 1144
25Section
1144. 30.541 (3) (d) 2. d. of the statutes is amended to read:
SB77-SSA1,537,4
130.541
(3) (d) 2. d. The limit in subd. 2. c. does not apply if the surviving spouse
2proceeds under s. 867.03
(1) (1g) and the total value of the decedent's solely owned
3property in the state, including boats transferred under this subdivision, does not
4exceed $10,000.
SB77-SSA1, s. 1144m
5Section 1144m. 30.77 (3) (ac) (intro.) of the statutes is amended to read:
SB77-SSA1,537,86
30.77
(3) (ac) (intro.) Except as provided under
s. ss. 33.455 (3) (b)
and 33.58
7(3) (b), no ordinance that pertains to the equipment, use or operation of a boat on an
8inland lake is valid unless one of the following occurs:
SB77-SSA1,537,1510
30.92
(4) (b) 2.
a. The department may cost-share, with the approval of the
11commission, with a qualified lake association or an affected governmental unit,
12including itself, at a rate of up to 50% of any construction, acquisition, rehabilitation,
13feasibility study or other project costs or any combination of these costs, for the
14recreational boating project if the costs are the type that qualify for funding under
15this section.
SB77-SSA1,537,18
16c. The department may pay, with the approval of the commission, an additional
1710% of the costs of a construction project if the municipality conducts a boating safety
18enforcement and education program approved by the department.
SB77-SSA1,537,2320
30.92
(4) (b) 2. b. The department, with the approval of the commission, may
21increase the maximum cost-share rate under subd. 2. a. from 50% to 80% if the
22commission determines that the recreational boating project is a project of statewide
23or regional significance.
SB77-SSA1,538,3
130.92
(4) (b) 2m. The qualified lake association or governmental unit that
2cost-shares under subd. 2. may make its contribution in matching funds or in-kind
3contributions or both.
SB77-SSA1, s. 1145
4Section
1145. 30.92 (4) (b) 8. bn. of the statutes is created to read:
SB77-SSA1,538,65
30.92
(4) (b) 8. bn. Acquisition of capital equipment that is necessary to collect
6and remove floating trash and debris from a waterway.
SB77-SSA1,538,188
30.92
(4m) Lake Superior harbor of refuge. The department, with the
9approval of the commission, may expend an amount to pay up to 100% of the eligible
10costs for the construction of a harbor of refuge along the Lake Superior shoreline.
11Notwithstanding sub. (4) (b) 4., the project costs may include the acquisition of land.
12Notwithstanding sub. (4) (a), the department may expend directly the amount
13authorized under this subsection even though Lake Superior is not an inland lake
14without a public access facility. Notwithstanding sub. (4) (b) 2., the department need
15not contribute any moneys to match the amount expended from the appropriation
16under s. 20.370 (5) (cq). The amount expended under this subsection shall be
17considered an expenditure for a Great Lakes project. This project need not be placed
18on the priority list under sub. (3) (a).
SB77-SSA1,538,2321
30.92
(5) (b) For purposes of sub. (4) (b) 2. b., the department shall promulgate
22rules to be used to determine whether a recreational boating project is a recreational
23boating project of statewide or regional significance.
SB77-SSA1,539,6
130.94
(6m) State aid. Notwithstanding s. 30.92 (4) (a), the department shall
2provide in each fiscal year funds from the appropriation under s. 20.370
(5) (hu) (9)
3(ju) to the commission for the management, operation, restoration and repair of the
4Fox River navigational system if Brown County, Calumet County, Fond du Lac
5County, Outagamie County and Winnebago County contribute matching funds for
6the management and operation of the Fox River navigational system.
SB77-SSA1, s. 1147d
7Section 1147d. 31.385 (2) (a) of the statutes is renumbered 31.385 (2) (a) 1.
8and amended to read:
SB77-SSA1,539,129
31.385
(2) (a) 1.
State Except as provided in subd. 2., state financial assistance
10is limited to no more than 50% of the cost of a particular project involving dam
11maintenance, repair, modification, abandonment or removal and no more than
12$200,000
of in state financial assistance for a particular project.
SB77-SSA1,539,2014
31.385
(2) (a) 2. For a project involving dam maintenance, repair, modification,
15abandonment or removal where at least 66% of the property affected by the water
16impounded by the dam is owned by the state and property that is owned by the state
17and that is within the impoundment area of the dam would be significantly devalued
18by the dam's removal, state financial assistance is limited to no more than 90% of the
19cost of the project and no more than $350,000 in state financial assistance for the
20project.
SB77-SSA1,539,2522
31.385
(2) (ag) Of the amounts appropriated under s. 20.866 (2) (tL), at least
23$250,000 shall be used for projects to remove dams that are less than 15 feet wide
24and that create impoundments of 50 acre-feet of water or less. A project under this
25paragraph may include restoring the stream or river that was dammed.
SB77-SSA1,540,32
31.385
(2) (ar) Of the amounts appropriated under s. 20.866 (2) (tL), at least
3$100,000 shall be used for the removal of abandoned dams.