SB77-SSA1,436,2220
23.27
(7) Sale of resources. Moneys received from the sale or lease of
21resources derived from the land in the state natural areas system shall be credited
22to the appropriation under s. 20.370 (1) (fs).
SB77-SSA1,437,924
23.293
(4) Contributions and gifts; state match. The department may accept
25contributions and gifts for the ice age trail program. The department may convert
1gifts of land which it determines are not appropriate for the ice age trail program into
2cash. The department may convert other noncash contributions and gifts into cash.
3These moneys shall be deposited in the general fund and credited to the
4appropriation under s. 20.370
(1) (gg) (7) (gg). An amount equal to the value of all
5contributions and gifts shall be released from the appropriation under s. 20.866 (2)
6(tw) or (tz) or both to be used for land acquisition and development activities under
7s. 23.17. The department shall determine how the moneys being released are to be
8allocated from these appropriations. No moneys may be released under s. 20.866 (2)
9(tz) before July 1, 1990.
SB77-SSA1,437,1512
23.325
(1) (a) Shall consult with the
land information board, the department
13of transportation and the state cartographer, and may consult with other potential
14users of the photographic products resulting from the survey, to determine the scope
15and character of the survey.
SB77-SSA1,437,1817
23.33
(1) (id) "Lac du Flambeau band" means the Lac du Flambeau band of
18Lake Superior Chippewa.
SB77-SSA1,437,2220
23.33
(1) (ie) "Lac du Flambeau reservation" means the territory within the
21boundaries of the Lac du Flambeau reservation that were in existence on April 10,
221996.
SB77-SSA1,438,824
23.33
(2) (a)
Requirement. No person may operate and no owner may give
25permission for the operation of an all-terrain vehicle within this state unless the
1all-terrain vehicle is registered for public use or for private use
with the department 2under this
section subsection or sub. (2g), is exempt from registration or is operated
3with a reflectorized plate attached in the manner specified under par. (dm) 3. No
4person may operate and no owner may give permission for the operation of an
5all-terrain vehicle on a public all-terrain vehicle route or trail unless the all-terrain
6vehicle is registered for public use
with the department under this
section subsection
7or sub. (2g), is exempt from registration or is operated with a reflectorized plate
8attached in the manner specified under par. (dm) 3.
SB77-SSA1,438,1610
23.33
(2g) Lac du Flambeau band registration program. (a)
Authorization for
11issuance. The Lac du Flambeau band may issue registration certificates for public
12use or private use for all-terrain vehicles that are equivalent to the registration
13certificates for public use or private use that are issued by the department. The Lac
14du Flambeau band may renew and transfer a registration certificate that it or the
15department has issued. The Lac du Flambeau band may issue duplicates of only
16those registration certificates that it issues under this subsection.
SB77-SSA1,438,2317
(b)
Requirements for issuance; fees; effective periods. 1. For issuing or renewing
18a registration certificate under this subsection, the Lac du Flambeau band shall
19collect the same fee that would be collected for the equivalent registration certificate
20under sub. (2) (c) and (d). For transferring a registration certificate or issuing a
21duplicate registration certificate under this subsection, the Lac du Flambeau band
22shall collect the same fee that would be collected for the equivalent service under sub.
23(2) (e).
SB77-SSA1,439,3
12. The Lac du Flambeau band may not issue, renew or otherwise process
2registration certificates under this subsection in conjunction with discount coupons
3or as part of a promotion or other merchandising offer.
SB77-SSA1,439,74
3. For a registration certificate issued, transferred or renewed under this
5subsection, the effective period shall be the same as it would be for the equivalent
6registration certificate under sub. (2) (f) 1. or (g) or under a rule promulgated under
7sub. (2) (f) 2.
SB77-SSA1,439,108
4. The Lac du Flambeau band may issue, renew or otherwise process
9registration certificates under this subsection only to applicants who appear in
10person on the Lac du Flambeau reservation.
SB77-SSA1,439,1411
(c)
Requirements for registration applications and decals. 1. The Lac du
12Flambeau band shall use registration applications and registration certificates that
13are substantially similar to those under sub. (2) with regard to length, legibility and
14information content.
SB77-SSA1,439,1715
2. The Lac du Flambeau band shall use registration decals that are
16substantially similar to those under sub. (2) with regard to color, size, legibility,
17information content and placement on the all-terrain vehicle.
SB77-SSA1,439,2018
3. The Lac du Flambeau band shall use a sequential numbering system that
19includes a series of letters or initials that identify the Lac du Flambeau band as the
20issuing authority.
SB77-SSA1,439,2221
(d)
Registration information. The Lac du Flambeau band shall provide
22registration information to the state in one of the following ways:
SB77-SSA1,440,223
1. By transmitting all additions, changes or deletions of registration
24information to persons identified in the agreement described in par. (f), for
1incorporation into the registration records of this state, within one working day after
2the addition, change or deletion.
SB77-SSA1,440,63
2. By establishing a 24-hour per day data retrieval system, consisting of either
4a law enforcement agency with 24-hour per day staffing or a computerized data
5retrieval system to which law enforcement officials of this state have access at all
6times.
SB77-SSA1,440,117
(e)
Reports; records; tax collection. 1. Before June 1 annually, the Lac du
8Flambeau band shall submit a report to the department notifying it of the number
9of each type of registration certificate that the Lac du Flambeau band issued,
10transferred or renewed for the period beginning on April 1 of the previous year and
11ending on March 31 of the year in which the report is submitted.
SB77-SSA1,440,1612
2. For law enforcement purposes, the Lac du Flambeau band shall make
13available for inspection by the department during normal business hours the Lac du
14Flambeau band's records of all registration certificates issued, renewed or otherwise
15processed under this subsection, including copies of all applications made for
16certificates.
SB77-SSA1,440,2017
3. The Lac du Flambeau band shall ensure that the record of each registration
18certificate issued, renewed or otherwise processed under this subsection, including
19a copy of each application made, is retained for at least 2 years after the date of
20expiration of the certificate.
SB77-SSA1,440,2521
4. The Lac du Flambeau band shall collect the sales and use taxes due under
22s. 77.61 (1) on any all-terrain vehicle registered under this subsection and make the
23report in respect to those taxes. On or before the 15th day of each month, the Lac du
24Flambeau band shall pay to the department of revenue all taxes that the Lac du
25Flambeau band collected in the previous month.
SB77-SSA1,441,4
1(f)
Applicability. This subsection does not apply unless the department and the
2Lac du Flambeau band have in effect a written agreement, approved by the joint
3committee on finance, under which the Lac du Flambeau band agrees to comply with
4pars. (a) to (e) and that contains all of the following terms:
SB77-SSA1,441,65
1. The manner in which the Lac du Flambeau band will limit its treaty-based
6right to fish outside the Lac du Flambeau reservation.
SB77-SSA1,441,107
2. A requirement that the fees collected by the Lac du Flambeau band under
8par. (b) be used only for a program for registering all-terrain vehicles, for regulating
9all-terrain vehicles and their operation and for providing all-terrain vehicle trails
10and all-terrain vehicle facilities.
SB77-SSA1, s. 780
11Section
780. 23.33 (4) (d) 5. of the statutes is amended to read:
SB77-SSA1,441,1812
23.33
(4) (d) 5. On roadways if the all-terrain vehicle is an implement of
13husbandry, if the all-terrain vehicle is used exclusively for agricultural purposes and
14if the all-terrain vehicle is registered for private use under sub. (2) (d)
or (2g).
15Operation of an all-terrain vehicle which is an implement of husbandry on a
16roadway is authorized only for the extreme right side of the roadway except that left
17turns may be made from any part of the roadway which is safe given prevailing
18conditions.
SB77-SSA1,441,2320
23.33
(4z) (b) The department shall develop and issue an educational pamphlet
21on the intoxicated operation of an all-terrain vehicle law to be distributed, beginning
22in 1989, to persons issued all-terrain vehicle registration certificates
under subs. (2)
23and (2g).
SB77-SSA1, s. 782
24Section
782. 23.33 (9) (a) (title) of the statutes is repealed and recreated to
25read:
SB77-SSA1,442,1
123.33
(9) (a) (title)
Enforcement.
SB77-SSA1,442,83
23.33
(9) (a) The department may utilize
up to 50% of the moneys received
4under sub. (2) for
all-terrain vehicle registration aids administration and for the
5purposes specified under s. 20.370 (3) (as)
, and (5) (er)
and (mu) and (8) (ds) including
6costs associated with
registration, enforcement, safety education, accident reports
7and analysis, law enforcement aids to counties
, aids administration and other
8similar costs in administering and enforcing this section.
SB77-SSA1, s. 783g
10Section 783g. 23.33 (9) (b) 2. (intro.) of the statutes is renumbered 23.33 (9)
11(b) (intro.) and amended to read:
SB77-SSA1,442,1612
23.33
(9) (b)
All-terrain vehicle projects. (intro.) Any of the following
13all-terrain vehicle projects are eligible for funding
under this paragraph as a state
14all-terrain vehicle project
from the appropriation account under s. 20.370 (1) (ms) 15or for aid
under this paragraph as a nonstate all-terrain vehicle project
from the
16appropriation accounts under s. 20.370 (5) (ct) and (cu):
SB77-SSA1, s. 783m
17Section 783m. 23.33 (9) (b) 2. a. to f. of the statutes are renumbered 23.33 (9)
18(b) 1. to 6.
SB77-SSA1, s. 783s
19Section 783s. 23.33 (9) (b) 3. of the statutes is renumbered 23.33 (9) (c) and
20amended to read:
SB77-SSA1,442,2421
23.33
(9) (c) (title)
Signs. In addition to the projects listed in
subd. 2. par. (b),
22the department may provide aid under this
paragraph
subsection to a town, village,
23city or county for up to 100% of the cost of placing signs developed under sub. (4z) (a)
242.
SB77-SSA1,443,3
123.36 Natural resources agreements with federally recognized
2American Indian tribes and bands. (1) In this section, "tribe or band" means a
3federally recognized American Indian tribe or band.
SB77-SSA1,443,7
4(2) Before the department and a tribe or band enter into any agreement that
5affects the regulation of the harvest of fish or game in the state, the department shall
6first obtain the approval of the proposed agreement by the joint committee on finance
7if the proposed agreement will authorize or recognize any of the following:
SB77-SSA1,443,98
(a) The issuance by the tribe or band of hunting or fishing approvals under ch.
929 to persons who are not members of the tribe or band.
SB77-SSA1,443,1210
(b) The registration or certification by the tribe or band of all-terrain vehicles,
11boats or snowmobiles that are not owned by persons who are members of the tribe
12or band.
SB77-SSA1, s. 785
14Section
785. 23.405 (title) of the statutes is renumbered 23.425 (title).
SB77-SSA1, s. 786
15Section
786. 23.405 (1) of the statutes is renumbered 23.425 (1).
SB77-SSA1, s. 787
16Section
787. 23.405 (2) (a) of the statutes is renumbered 23.425 (2) (a).
SB77-SSA1, s. 788
17Section
788. 23.405 (2) (b) of the statutes is renumbered 23.425 (2) (b) and
18amended to read:
SB77-SSA1,443,2119
23.425
(2) (b) The fees collected by the department under par. (a) for the use
20of the MacKenzie environmental center shall be deposited in the general fund and
21credited to the appropriation under s. 20.370
(5) (gb)
(9) (gb).
SB77-SSA1, s. 789
22Section
789. 23.41 (5m) of the statutes is renumbered 23.41 (5m) (intro.) and
23amended to read:
SB77-SSA1,444,224
23.41
(5m) (intro.) If the governor or the governor's designee determines that
25it is in the best interest of this state, he or she may waive the requirement under sub.
1(5) for bids or competitive sealed proposals
in under any of the following
2circumstances:
SB77-SSA1,444,4
3(a) In an emergency involving the public health, welfare or safety or the
4environment.
SB77-SSA1,444,96
23.41
(5m) (b) The department desires to use innovative or patented
7technology that is available from only one source and that in the judgment of the
8department would provide the best practicable hazardous substance spill response
9under s. 292.11 or environmental repair under s. 292.31.
SB77-SSA1,444,1211
23.51
(2p) "Crime laboratories and drug law enforcement assessment" means
12the assessment imposed under s. 165.755.
SB77-SSA1,444,1614
23.51
(8) "Violation" means conduct which is prohibited by state law or
15municipal ordinance and punishable by a forfeiture, a penalty assessment
and, a jail
16assessment
and a crime laboratories and drug law enforcement assessment.
SB77-SSA1,444,2418
23.54
(3) (e) The maximum forfeiture, penalty assessment, jail assessment,
19crime laboratories and drug law enforcement assessment, applicable weapons
20assessment, applicable environmental assessment, applicable wild animal
21protection assessment, applicable natural resources assessment, applicable fishing
22shelter removal assessment, applicable snowmobile registration restitution
23payment and applicable natural resources restitution payment for which the
24defendant might be found liable.
SB77-SSA1,445,11
123.54
(3) (i) Notice that if the defendant makes a deposit and fails to appear
2in court at the time fixed in the citation, the defendant will be deemed to have
3tendered a plea of no contest and submitted to a forfeiture, a penalty assessment, a
4jail assessment,
a crime laboratories and drug law enforcement assessment, any
5applicable weapons assessment, any applicable environmental assessment, any
6applicable wild animal protection assessment, any applicable natural resources
7assessment, any applicable fishing shelter removal assessment, any applicable
8snowmobile registration restitution payment and any applicable natural resources
9restitution payment plus costs, including any applicable fees prescribed in ch. 814,
10not to exceed the amount of the deposit. The notice shall also state that the court may
11decide to summon the defendant rather than accept the deposit and plea.
SB77-SSA1,445,2513
23.54
(3) (j) Notice that if the defendant makes a deposit and signs the
14stipulation, the defendant will be deemed to have tendered a plea of no contest and
15submitted to a forfeiture, a penalty assessment, a jail assessment,
a crime
16laboratories and drug law enforcement assessment, any applicable weapons
17assessment, any applicable environmental assessment, any applicable wild animal
18protection assessment, any applicable natural resources assessment, any applicable
19fishing shelter removal assessment, any applicable snowmobile registration
20restitution payment and any applicable natural resources restitution payment plus
21costs, including any applicable fees prescribed in ch. 814, not to exceed the amount
22of the deposit. The notice shall also state that the court may decide to summon the
23defendant rather than accept the deposit and stipulation, and that the defendant
24may, at any time prior to or at the time of the court appearance date, move the court
25for relief from the effects of the stipulation.
SB77-SSA1,446,122
23.55
(1) (b) A plain and concise statement of the violation identifying the event
3or occurrence from which the violation arose and showing that the plaintiff is entitled
4to relief, the statute upon which the cause of action is based and a demand for a
5forfeiture, the amount of which shall not exceed the maximum set by the statute
6involved, a penalty assessment, a jail assessment,
a crime laboratories and drug law
7enforcement assessment, any applicable weapons assessment, any applicable
8environmental assessment, any applicable wild animal protection assessment, any
9applicable natural resources assessment, any applicable fishing shelter removal
10assessment, any applicable snowmobile registration restitution payment, any
11applicable natural resources restitution payment and any other relief that is sought
12by the plaintiff.
SB77-SSA1,447,614
23.66
(2) The person receiving the deposit shall prepare a receipt in triplicate
15showing the purpose for which the deposit is made, stating that the defendant may
16inquire at the office of the clerk of court or municipal court regarding the disposition
17of the deposit, and notifying the defendant that if he or she fails to appear in court
18at the time fixed in the citation he or she will be deemed to have tendered a plea of
19no contest and submitted to a forfeiture, a penalty assessment, a jail assessment,
a
20crime laboratories and drug law enforcement assessment, any applicable weapons
21assessment, any applicable environmental assessment, any applicable wild animal
22protection assessment, any applicable natural resources assessment, any applicable
23fishing shelter removal assessment, any applicable snowmobile registration
24restitution payment and any applicable natural resources restitution payment plus
25costs, including any applicable fees prescribed in ch. 814, not to exceed the amount
1of the deposit which the court may accept. The original of the receipt shall be
2delivered to the defendant in person or by mail. If the defendant pays by check, share
3draft or other draft, the check, share draft or other draft or a microfilm copy of the
4check, share draft or other draft shall be considered a receipt. If the defendant makes
5the deposit by use of a credit card, the credit charge receipt shall be considered a
6receipt.
SB77-SSA1,447,188
23.66
(4) The basic amount of the deposit shall be determined in accordance
9with a deposit schedule that the judicial conference shall establish. Annually, the
10judicial conference shall review and may revise the schedule. In addition to the basic
11amount determined according to the schedule, the deposit shall include court costs,
12including any applicable fees prescribed in ch. 814, any applicable penalty
13assessment, any applicable jail assessment,
any applicable crime laboratories and
14drug law enforcement assessment, any applicable weapons assessment, any
15applicable environmental assessment, any applicable wild animal protection
16assessment, any applicable natural resources assessment, any applicable fishing
17shelter removal assessment, any applicable snowmobile registration restitution
18payment and any applicable natural resources restitution payment.
SB77-SSA1,448,420
23.67
(2) The deposit and stipulation of no contest may be made at any time
21prior to the court appearance date. By signing the stipulation, the defendant is
22deemed to have tendered a plea of no contest and submitted to a forfeiture, a penalty
23assessment, a jail assessment,
a crime laboratories
and drug law enforcement
24assessment, any applicable weapons assessment, any applicable environmental
25assessment, any applicable wild animal protection assessment, any applicable
1natural resources assessment, any applicable fishing shelter removal assessment,
2any applicable snowmobile registration restitution payment and any applicable
3natural resources restitution payment plus costs, including any applicable fees
4prescribed in ch. 814, not to exceed the amount of the deposit.
SB77-SSA1,448,186
23.67
(3) The person receiving the deposit and stipulation of no contest shall
7prepare a receipt in triplicate showing the purpose for which the deposit is made,
8stating that the defendant may inquire at the office of the clerk of court or municipal
9court regarding the disposition of the deposit, and notifying the defendant that if the
10stipulation of no contest is accepted by the court the defendant will be deemed to have
11submitted to a forfeiture, a penalty assessment, a jail assessment,
a crime
12laboratories and drug law enforcement assessment, any applicable weapons
13assessment, any applicable environmental assessment, any applicable wild animal
14protection assessment, any applicable natural resources assessment, any applicable
15fishing shelter removal assessment, any applicable snowmobile registration
16restitution payment and any applicable natural resources restitution payment plus
17costs, including any applicable fees prescribed in ch. 814, not to exceed the amount
18of the deposit. Delivery of the receipt shall be made in the same manner as in s. 23.66.
SB77-SSA1, s. 801
19Section
801. 23.75 (3) (a) 2. of the statutes is amended to read:
SB77-SSA1,449,520
23.75
(3) (a) 2. If the court considers the nonappearance to be a plea of no
21contest and enters judgment accordingly, the court shall promptly mail a copy or
22notice of the judgment to the defendant. The judgment shall allow the defendant not
23less than 20 working days from the date the judgment copy or notice is mailed to pay
24the forfeiture, penalty assessment
and, jail assessment
and crime laboratories and
25drug law enforcement assessment, any applicable weapons assessment, any
1applicable environmental assessment, any applicable wild animal protection
2assessment, any applicable natural resources assessment, any applicable fishing
3shelter removal assessment, any applicable snowmobile registration restitution
4payment and any applicable natural resources restitution payment plus costs,
5including any applicable fees prescribed in ch. 814.
SB77-SSA1,450,27
23.75
(3) (b) If the defendant has made a deposit, the citation may serve as the
8initial pleading and the defendant shall be deemed to have tendered a plea of no
9contest and submitted to a forfeiture, a penalty assessment, a jail assessment,
a
10crime laboratories and drug law enforcement assessment, any applicable weapons
11assessment, any applicable environmental assessment, any applicable wild animal
12protection assessment, any applicable natural resources assessment, any applicable
13fishing shelter removal assessment, any applicable snowmobile registration
14restitution payment and any applicable natural resources restitution payment plus
15any applicable fees prescribed in ch. 814, not exceeding the amount of the deposit.
16The court may either accept the plea of no contest and enter judgment accordingly,
17or reject the plea and issue a summons. If the defendant fails to appear in response
18to the summons, the court shall issue an arrest warrant. If the court accepts the plea
19of no contest, the defendant may move within 90 days after the date set for
20appearance to withdraw the plea of no contest, open the judgment and enter a plea
21of not guilty if the defendant shows to the satisfaction of the court that failure to
22appear was due to mistake, inadvertence, surprise or excusable neglect. If a party
23is relieved from the plea of no contest, the court or judge may order a written
24complaint to be filed and set the matter for trial. After trial the costs and fees shall
25be taxed as provided by law. If on reopening the defendant is found not guilty, the
1court shall delete the record of conviction and shall order the defendant's deposit
2returned.
SB77-SSA1,450,224
23.75
(3) (c) If the defendant has made a deposit and stipulation of no contest,
5the citation may serve as the initial pleading and the defendant shall be deemed to
6have tendered a plea of no contest and submitted to a forfeiture, a penalty
7assessment, a jail assessment,
a crime laboratories
and drug law enforcement
8assessment, any applicable weapons assessment, any applicable environmental
9assessment, any applicable wild animal protection assessment, any applicable
10natural resources assessment, any applicable fishing shelter removal assessment,
11any applicable snowmobile registration restitution payment and any applicable
12natural resources restitution payment plus any applicable fees prescribed in ch. 814,
13not exceeding the amount of the deposit. The court may either accept the plea of no
14contest and enter judgment accordingly, or reject the plea and issue a summons. If
15the defendant fails to appear in response to the summons, the court shall issue an
16arrest warrant. After signing a stipulation of no contest, the defendant may, at any
17time prior to or at the time of the court appearance date, move the court for relief from
18the effect of the stipulation. The court may act on the motion, with or without notice,
19for cause shown by affidavit and upon just terms, and relieve the defendant from the
20stipulation and the effects thereof. If the defendant is relieved from the stipulation
21of no contest, the court may order a citation or complaint to be filed and set the matter
22for trial. After trial the costs and fees shall be taxed as provided by law.