AB100: Bill Text Engrossed

AB100-engrossed,469,16 (a) The nonprofit conservation organization is a nonprofit corporation, a charitable trust or other nonprofit association that is described in section 501 (c) (3) of the Internal Revenue Code and is exempt from federal tax under section 501 (a) of the Internal Revenue Code.

AB100-engrossed,469,18 (b) The nonprofit conservation organization has, as its primary purpose, the preservation of the property known as Black Point Estate.

AB100-engrossed,469,22 (c) The nonprofit conservation organization has a board of directors that consists of representatives of the state, of the family who donated Black Point Estate to the state, of local units of government that have an interest in Black Point Estate and of civic organizations that have an interest in Black Point Estate.

AB100-engrossed,470,2 (d) The nonprofit conservation organization acquires a conservation easement in the property, the terms of which are subject to approval of the department of natural resources, to be held by the organization for the purpose of preserving Black Point Estate.

AB100-engrossed,470,6 (e) The nonprofit conservation organization makes a commitment, with guarantees determined to be adequate by the department of natural resources, to use the grant under this section and any additional funds donated to the organization to fund an endowment for the operation and maintenance of Black Point Estate.

AB100-engrossed,470,9 (2) If the nonprofit conservation organization does not use the grant under this section in the manner required under sub. (1) (e), the nonprofit conservation organization shall reimburse the department in an amount equal to the grant.

AB100-engrossed, s. 767r Section 767r. 23.15 (1) of the statutes is amended to read:

AB100-engrossed,470,16 23.15 (1) The natural resources board may sell, at public or private sale or as provided in sub. (2r), lands and structures owned by the state under the jurisdiction of the department of natural resources when the natural resources board determines that said lands are no longer necessary for the state's use for conservation purposes and, if real property, the real property is not the subject of a petition under s. 16.375 (2).

AB100-engrossed, s. 767t Section 767t. 23.15 (2m) (a) (intro.) of the statutes is amended to read:

AB100-engrossed,470,22 23.15 (2m) (a) (intro.) Notwithstanding sub. (1), the natural resources board shall sell, at fair market value or as provided in sub. (2r), land in the lower Wisconsin state riverway, as defined in s. 30.40 (15), that is not exempt under s. 30.48 (2) and that is acquired by the department after August 9, 1989, if all of the following conditions are met:

AB100-engrossed, s. 767v Section 767v. 23.15 (2r) of the statutes is created to read:

AB100-engrossed,470,24 23.15 (2r) (a) In this subsection:

AB100-engrossed,470,25 1. "Immediate family member" means a spouse, brother, sister, parent or child.

AB100-engrossed,471,1 2. "Land" includes any structures on the land.

AB100-engrossed,471,7 (b) If the department offers land for sale, the department shall offer the first right to purchase the land to all of the owners from whom the department acquired the land. In order to exercise this right, an owner shall make a bona fide offer to purchase the land. If no owner exercises this right, the department shall next offer the right to purchase to the immediate family members of all of the owners. This paragraph applies without regard to when the land was acquired.

AB100-engrossed, s. 768 Section 768. 23.175 (4m) of the statutes is created to read:

AB100-engrossed,471,11 23.175 (4m) Priority for brownfields. In awarding grants for trails under s. 23.096, the department shall give higher priority for projects related to brownfields redevelopment, as defined in s. 23.09 (19) (a) 1.

AB100-engrossed, s. 768g Section 768g. 23.18 of the statutes is repealed.

AB100-engrossed, s. 768m Section 768m. 23.196 (2) (b) of the statutes is amended to read:

AB100-engrossed,471,18 23.196 (2) (b) For the purpose of establishing the Willow flowage project, the department may expend up to an amount equal to the total amount available for the purchase of land. For purposes of ss. 23.09 (2r) (a) (2q) and 23.0915 (1), moneys expended under this paragraph shall be treated as moneys expended for the lower Wisconsin state riverway acquisition.

AB100-engrossed, s. 769 Section 769. 23.27 (3) (a) of the statutes is amended to read:

AB100-engrossed,472,8 23.27 (3) (a) Duties. The department, with the advice of the council, shall conduct a natural heritage inventory program. The department shall cooperate with the land information board under s. 16.967 in conducting this program. This program shall establish a system for determining the existence and location of natural areas, the degree of endangerment of natural areas, an evaluation of the importance of natural areas, information related to the associated natural values of natural areas and other information and data related to natural areas. This program shall establish a system for determining the existence and location of native plant and animal communities and endangered, threatened and critical species, the degree of endangerment of these communities and species, the existence and location of habitat areas associated with these communities and species and other information and data related to these communities and species. This program shall establish and coordinate standards for the collection, storage, recall and display of and management of information and data related to the natural heritage inventory.

AB100-engrossed, s. 769ad Section 769ad. 23.27 (3) (a) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:

AB100-engrossed,472,24 23.27 (3) (a) Duties. The department, with the advice of the council, shall conduct a natural heritage inventory program. The department shall cooperate with the land information board under s. 16.967 in conducting this program. This program shall establish a system for determining the existence and location of natural areas, the degree of endangerment of natural areas, an evaluation of the importance of natural areas, information related to the associated natural values of natural areas and other information and data related to natural areas. This program shall establish a system for determining the existence and location of native plant and animal communities and endangered, threatened and critical species, the degree of endangerment of these communities and species, the existence and location of habitat areas associated with these communities and species and other information and data related to these communities and species. This program shall establish and coordinate standards for the collection, storage and management of information and data related to the natural heritage inventory.

AB100-engrossed, s. 770 Section 770. 23.27 (3) (b) of the statutes is amended to read:

AB100-engrossed,473,11 23.27 (3) (b) Access to information; fees. The department shall make information and data from the natural heritage inventory program available to any individual or public or private agency for research, educational, environmental, land management or similar authorized purposes. The department may establish a fee to be charged collected to recover the actual cost of collecting, storing, managing, compiling and providing this information and data. The department may reduce or waive the fee established under this paragraph if the department determines that a waiver or reduction of the fee is in the public interest. The natural heritage inventory and related information and data are not subject to s. 19.35 and the department may refuse to release information or data for any purpose which is not authorized.

AB100-engrossed, s. 771 Section 771. 23.27 (4) of the statutes is amended to read:

AB100-engrossed,473,21 23.27 (4) Natural areas land acquisition; continuing commitment. It is the intent of the legislature to continue natural areas land acquisition activities from moneys available from the appropriation under ss. 20.370 (1) (kb) (7) (fa) and 20.866 (2) (ts) and (tz). This commitment is separate from and in addition to the commitment to acquire natural areas under the Wisconsin natural areas heritage program. Except as provided in s. 23.0915 (2), the department may not expend under s. 20.866 (2) (tz) more than $1,500,000 in each fiscal year for natural areas land acquisition activities under this subsection and for grants for this purpose under s. 23.096.

AB100-engrossed, s. 772 Section 772. 23.27 (7) of the statutes is created to read:

AB100-engrossed,473,25 23.27 (7) Sale of resources. Moneys received from the sale or lease of resources derived from the land in the state natural areas system shall be credited to the appropriation under s. 20.370 (1) (fs).

AB100-engrossed, s. 773 Section 773. 23.293 (4) of the statutes is amended to read:

AB100-engrossed,474,12 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-engrossed, s. 774am Section 774am. 23.32 (2) (d) of the statutes is repealed.

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

AB100-engrossed,474,18 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-engrossed, s. 776 Section 776. 23.33 (1) (id) of the statutes is created to read:

AB100-engrossed,474,21 23.33 (1) (id) "Lac du Flambeau band" means the Lac du Flambeau band of Lake Superior Chippewa.

AB100-engrossed, s. 777 Section 777. 23.33 (1) (ie) of the statutes is created to read:

AB100-engrossed,474,25 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-engrossed, s. 778 Section 778. 23.33 (2) (a) of the statutes is amended to read:

AB100-engrossed,475,11 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-engrossed, s. 779 Section 779. 23.33 (2g) of the statutes is created to read:

AB100-engrossed,475,19 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-engrossed,476,2 (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-engrossed,476,5 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-engrossed,476,9 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-engrossed,476,12 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-engrossed,476,16 (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-engrossed,476,19 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-engrossed,476,22 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-engrossed,476,24 (d) Registration information. The Lac du Flambeau band shall provide registration information to the state in one of the following ways:

AB100-engrossed,477,4 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-engrossed,477,8 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-engrossed,477,13 (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-engrossed,477,18 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-engrossed,477,22 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-engrossed,478,2 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-engrossed,478,6 (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-engrossed,478,8 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-engrossed,478,12 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-engrossed, s. 780 Section 780. 23.33 (4) (d) 5. of the statutes is amended to read:

AB100-engrossed,478,20 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-engrossed, s. 781 Section 781. 23.33 (4z) (b) of the statutes is amended to read:

AB100-engrossed,478,25 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-engrossed, s. 782 Section 782. 23.33 (9) (a) (title) of the statutes is repealed and recreated to read:

AB100-engrossed,479,3 23.33 (9) (a) (title) Enforcement.

AB100-engrossed, s. 783 Section 783. 23.33 (9) (a) of the statutes is amended to read:

AB100-engrossed,479,10 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-engrossed, s. 783d Section 783d. 23.33 (9) (b) 1. of the statutes is repealed.

AB100-engrossed, 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-engrossed,479,18 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-engrossed, 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-engrossed, s. 783s Section 783s. 23.33 (9) (b) 3. of the statutes is renumbered 23.33 (9) (c) and amended to read:

AB100-engrossed,480,2 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-engrossed, s. 783v Section 783v. 23.36 of the statutes is created to read:

AB100-engrossed,480,6 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-engrossed,480,10 (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-engrossed,480,12 (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-engrossed,480,15 (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-engrossed, s. 783x Section 783x. 23.39 of the statutes is repealed.

AB100-engrossed, s. 785 Section 785. 23.405 (title) of the statutes is renumbered 23.425 (title).

AB100-engrossed, s. 786 Section 786. 23.405 (1) of the statutes is renumbered 23.425 (1).

AB100-engrossed, s. 787 Section 787. 23.405 (2) (a) of the statutes is renumbered 23.425 (2) (a).

AB100-engrossed, s. 788 Section 788. 23.405 (2) (b) of the statutes is renumbered 23.425 (2) (b) and amended to read:

AB100-engrossed,480,24 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-engrossed, s. 789 Section 789. 23.41 (5m) of the statutes is renumbered 23.41 (5m) (intro.) and amended to read:

AB100-engrossed,481,6 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-engrossed,481,8 (a) In an emergency involving the public health, welfare or safety or the environment.

AB100-engrossed, s. 790 Section 790. 23.41 (5m) (b) of the statutes is created to read: