AB100-engrossed,473,2523
23.27
(7) Sale of resources. Moneys received from the sale or lease of
24resources derived from the land in the state natural areas system shall be credited
25to the appropriation under s. 20.370 (1) (fs).
AB100-engrossed,474,122
23.293
(4) Contributions and gifts; state match. The department may accept
3contributions and gifts for the ice age trail program. The department may convert
4gifts of land which it determines are not appropriate for the ice age trail program into
5cash. The department may convert other noncash contributions and gifts into cash.
6These moneys shall be deposited in the general fund and credited to the
7appropriation under s. 20.370
(1) (gg) (7) (gg). An amount equal to the value of all
8contributions and gifts shall be released from the appropriation under s. 20.866 (2)
9(tw) or (tz) or both to be used for land acquisition and development activities under
10s. 23.17. The department shall determine how the moneys being released are to be
11allocated from these appropriations. No moneys may be released under s. 20.866 (2)
12(tz) before July 1, 1990.
AB100-engrossed,474,1815
23.325
(1) (a) Shall consult with the
land information board, the department
16of transportation and the state cartographer, and may consult with other potential
17users of the photographic products resulting from the survey, to determine the scope
18and character of the survey.
AB100-engrossed,474,2120
23.33
(1) (id) "Lac du Flambeau band" means the Lac du Flambeau band of
21Lake Superior Chippewa.
AB100-engrossed,474,2523
23.33
(1) (ie) "Lac du Flambeau reservation" means the territory within the
24boundaries of the Lac du Flambeau reservation that were in existence on April 10,
251996.
AB100-engrossed,475,112
23.33
(2) (a)
Requirement. No person may operate and no owner may give
3permission for the operation of an all-terrain vehicle within this state unless the
4all-terrain vehicle is registered for public use or for private use
with the department 5under this
section subsection or sub. (2g), is exempt from registration or is operated
6with a reflectorized plate attached in the manner specified under par. (dm) 3. No
7person may operate and no owner may give permission for the operation of an
8all-terrain vehicle on a public all-terrain vehicle route or trail unless the all-terrain
9vehicle is registered for public use
with the department under this
section subsection
10or sub. (2g), is exempt from registration or is operated with a reflectorized plate
11attached in the manner specified under par. (dm) 3.
AB100-engrossed,475,1913
23.33
(2g) Lac du Flambeau band registration program. (a)
Authorization for
14issuance. The Lac du Flambeau band may issue registration certificates for public
15use or private use for all-terrain vehicles that are equivalent to the registration
16certificates for public use or private use that are issued by the department. The Lac
17du Flambeau band may renew and transfer a registration certificate that it or the
18department has issued. The Lac du Flambeau band may issue duplicates of only
19those registration certificates that it issues under this subsection.
AB100-engrossed,476,220
(b)
Requirements for issuance; fees; effective periods. 1. For issuing or renewing
21a registration certificate under this subsection, the Lac du Flambeau band shall
22collect the same fee that would be collected for the equivalent registration certificate
23under sub. (2) (c) and (d). For transferring a registration certificate or issuing a
24duplicate registration certificate under this subsection, the Lac du Flambeau band
1shall collect the same fee that would be collected for the equivalent service under sub.
2(2) (e).
AB100-engrossed,476,53
2. The Lac du Flambeau band may not issue, renew or otherwise process
4registration certificates under this subsection in conjunction with discount coupons
5or as part of a promotion or other merchandising offer.
AB100-engrossed,476,96
3. For a registration certificate issued, transferred or renewed under this
7subsection, the effective period shall be the same as it would be for the equivalent
8registration certificate under sub. (2) (f) 1. or (g) or under a rule promulgated under
9sub. (2) (f) 2.
AB100-engrossed,476,1210
4. The Lac du Flambeau band may issue, renew or otherwise process
11registration certificates under this subsection only to applicants who appear in
12person on the Lac du Flambeau reservation.
AB100-engrossed,476,1613
(c)
Requirements for registration applications and decals. 1. The Lac du
14Flambeau band shall use registration applications and registration certificates that
15are substantially similar to those under sub. (2) with regard to length, legibility and
16information content.
AB100-engrossed,476,1917
2. The Lac du Flambeau band shall use registration decals that are
18substantially similar to those under sub. (2) with regard to color, size, legibility,
19information content and placement on the all-terrain vehicle.
AB100-engrossed,476,2220
3. The Lac du Flambeau band shall use a sequential numbering system that
21includes a series of letters or initials that identify the Lac du Flambeau band as the
22issuing authority.
AB100-engrossed,476,2423
(d)
Registration information. The Lac du Flambeau band shall provide
24registration information to the state in one of the following ways:
AB100-engrossed,477,4
11. By transmitting all additions, changes or deletions of registration
2information to persons identified in the agreement described in par. (f), for
3incorporation into the registration records of this state, within one working day after
4the addition, change or deletion.
AB100-engrossed,477,85
2. By establishing a 24-hour per day data retrieval system, consisting of either
6a law enforcement agency with 24-hour per day staffing or a computerized data
7retrieval system to which law enforcement officials of this state have access at all
8times.
AB100-engrossed,477,139
(e)
Reports; records; tax collection. 1. Before June 1 annually, the Lac du
10Flambeau band shall submit a report to the department notifying it of the number
11of each type of registration certificate that the Lac du Flambeau band issued,
12transferred or renewed for the period beginning on April 1 of the previous year and
13ending on March 31 of the year in which the report is submitted.
AB100-engrossed,477,1814
2. For law enforcement purposes, the Lac du Flambeau band shall make
15available for inspection by the department during normal business hours the Lac du
16Flambeau band's records of all registration certificates issued, renewed or otherwise
17processed under this subsection, including copies of all applications made for
18certificates.
AB100-engrossed,477,2219
3. The Lac du Flambeau band shall ensure that the record of each registration
20certificate issued, renewed or otherwise processed under this subsection, including
21a copy of each application made, is retained for at least 2 years after the date of
22expiration of the certificate.
AB100-engrossed,478,223
4. The Lac du Flambeau band shall collect the sales and use taxes due under
24s. 77.61 (1) on any all-terrain vehicle registered under this subsection and make the
25report in respect to those taxes. On or before the 15th day of each month, the Lac du
1Flambeau band shall pay to the department of revenue all taxes that the Lac du
2Flambeau band collected in the previous month.
AB100-engrossed,478,63
(f)
Applicability. This subsection does not apply unless the department and the
4Lac du Flambeau band have in effect a written agreement, approved by the joint
5committee on finance, under which the Lac du Flambeau band agrees to comply with
6pars. (a) to (e) and that contains all of the following terms:
AB100-engrossed,478,87
1. The manner in which the Lac du Flambeau band will limit its treaty-based
8right to fish outside the Lac du Flambeau reservation.
AB100-engrossed,478,129
2. A requirement that the fees collected by the Lac du Flambeau band under
10par. (b) be used only for a program for registering all-terrain vehicles, for regulating
11all-terrain vehicles and their operation and for providing all-terrain vehicle trails
12and all-terrain vehicle facilities.
AB100-engrossed,478,2014
23.33
(4) (d) 5. On roadways if the all-terrain vehicle is an implement of
15husbandry, if the all-terrain vehicle is used exclusively for agricultural purposes and
16if the all-terrain vehicle is registered for private use under sub. (2) (d)
or (2g).
17Operation of an all-terrain vehicle which is an implement of husbandry on a
18roadway is authorized only for the extreme right side of the roadway except that left
19turns may be made from any part of the roadway which is safe given prevailing
20conditions.
AB100-engrossed,478,2522
23.33
(4z) (b) The department shall develop and issue an educational pamphlet
23on the intoxicated operation of an all-terrain vehicle law to be distributed, beginning
24in 1989, to persons issued all-terrain vehicle registration certificates
under subs. (2)
25and (2g).
AB100-engrossed,479,33
23.33
(9) (a) (title)
Enforcement.
AB100-engrossed,479,105
23.33
(9) (a) The department may utilize
up to 50% of the moneys received
6under sub. (2) for
all-terrain vehicle registration aids administration and for the
7purposes specified under s. 20.370 (3) (as)
, and (5) (er)
and (mu) and (8) (ds) including
8costs associated with
registration, enforcement, safety education, accident reports
9and analysis, law enforcement aids to counties
, aids administration and other
10similar costs in administering and enforcing this section.
AB100-engrossed, s. 783g
12Section 783g. 23.33 (9) (b) 2. (intro.) of the statutes is renumbered 23.33 (9)
13(b) (intro.) and amended to read:
AB100-engrossed,479,1814
23.33
(9) (b)
All-terrain vehicle projects. (intro.) Any of the following
15all-terrain vehicle projects are eligible for funding
under this paragraph as a state
16all-terrain vehicle project
from the appropriation account under s. 20.370 (1) (ms) 17or for aid
under this paragraph as a nonstate all-terrain vehicle project
from the
18appropriation accounts under s. 20.370 (5) (ct) and (cu):
AB100-engrossed, s. 783m
19Section 783m. 23.33 (9) (b) 2. a. to f. of the statutes are renumbered 23.33 (9)
20(b) 1. to 6.
AB100-engrossed, s. 783s
21Section 783s. 23.33 (9) (b) 3. of the statutes is renumbered 23.33 (9) (c) and
22amended to read:
AB100-engrossed,480,223
23.33
(9) (c) (title)
Signs. In addition to the projects listed in
subd. 2. par. (b),
24the department may provide aid under this
paragraph
subsection to a town, village,
1city or county for up to 100% of the cost of placing signs developed under sub. (4z) (a)
22.
AB100-engrossed,480,6
423.36 Natural resources agreements with federally recognized
5American Indian tribes and bands. (1) In this section, "tribe or band" means a
6federally recognized American Indian tribe or band.
AB100-engrossed,480,10
7(2) Before the department and a tribe or band enter into any agreement that
8affects the regulation of the harvest of fish or game in the state, the department shall
9first obtain the approval of the proposed agreement by the joint committee on finance
10if the proposed agreement will authorize or recognize any of the following:
AB100-engrossed,480,1211
(a) The issuance by the tribe or band of hunting or fishing approvals under ch.
1229 to persons who are not members of the tribe or band.
AB100-engrossed,480,1513
(b) The registration or certification by the tribe or band of all-terrain vehicles,
14boats or snowmobiles that are not owned by persons who are members of the tribe
15or band.
AB100-engrossed, s. 788
20Section
788. 23.405 (2) (b) of the statutes is renumbered 23.425 (2) (b) and
21amended to read:
AB100-engrossed,480,2422
23.425
(2) (b) The fees collected by the department under par. (a) for the use
23of the MacKenzie environmental center shall be deposited in the general fund and
24credited to the appropriation under s. 20.370
(5) (gb)
(9) (gb).
AB100-engrossed, s. 789
1Section
789. 23.41 (5m) of the statutes is renumbered 23.41 (5m) (intro.) and
2amended to read:
AB100-engrossed,481,63
23.41
(5m) (intro.) If the governor or the governor's designee determines that
4it is in the best interest of this state, he or she may waive the requirement under sub.
5(5) for bids or competitive sealed proposals
in under any of the following
6circumstances:
AB100-engrossed,481,8
7(a) In an emergency involving the public health, welfare or safety or the
8environment.
AB100-engrossed,481,1310
23.41
(5m) (b) The department desires to use innovative or patented
11technology that is available from only one source and that in the judgment of the
12department would provide the best practicable hazardous substance spill response
13under s. 292.11 or environmental repair under s. 292.31.
AB100-engrossed,481,1615
23.51
(2p) "Crime laboratories and drug law enforcement assessment" means
16the assessment imposed under s. 165.755.
AB100-engrossed,481,2018
23.51
(8) "Violation" means conduct which is prohibited by state law or
19municipal ordinance and punishable by a forfeiture, a penalty assessment
and, a jail
20assessment
and a crime laboratories and drug law enforcement assessment.
AB100-engrossed,482,322
23.54
(3) (e) The maximum forfeiture, penalty assessment, jail assessment,
23crime laboratories and drug law enforcement assessment, applicable weapons
24assessment, applicable environmental assessment, applicable wild animal
25protection assessment, applicable natural resources assessment, applicable fishing
1shelter removal assessment, applicable snowmobile registration restitution
2payment and applicable natural resources restitution payment for which the
3defendant might be found liable.
AB100-engrossed,482,155
23.54
(3) (i) Notice that if the defendant makes a deposit and fails to appear
6in court at the time fixed in the citation, the defendant will be deemed to have
7tendered a plea of no contest and submitted to a forfeiture, a penalty assessment, a
8jail assessment,
a crime laboratories and drug law enforcement assessment, any
9applicable weapons assessment, any applicable environmental assessment, any
10applicable wild animal protection assessment, any applicable natural resources
11assessment, any applicable fishing shelter removal assessment, any applicable
12snowmobile registration restitution payment and any applicable natural resources
13restitution payment plus costs, including any applicable fees prescribed in ch. 814,
14not to exceed the amount of the deposit. The notice shall also state that the court may
15decide to summon the defendant rather than accept the deposit and plea.
AB100-engrossed,483,417
23.54
(3) (j) Notice that if the defendant makes a deposit and signs the
18stipulation, the defendant will be deemed to have tendered a plea of no contest and
19submitted to a forfeiture, a penalty assessment, a jail assessment,
a crime
20laboratories 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. The notice shall also state that the court may decide to summon the
2defendant rather than accept the deposit and stipulation, and that the defendant
3may, at any time prior to or at the time of the court appearance date, move the court
4for relief from the effects of the stipulation.
AB100-engrossed,483,166
23.55
(1) (b) A plain and concise statement of the violation identifying the event
7or occurrence from which the violation arose and showing that the plaintiff is entitled
8to relief, the statute upon which the cause of action is based and a demand for a
9forfeiture, the amount of which shall not exceed the maximum set by the statute
10involved, a penalty assessment, a jail assessment,
a crime laboratories and drug law
11enforcement assessment, any applicable weapons assessment, any applicable
12environmental assessment, any applicable wild animal protection assessment, any
13applicable natural resources assessment, any applicable fishing shelter removal
14assessment, any applicable snowmobile registration restitution payment, any
15applicable natural resources restitution payment and any other relief that is sought
16by the plaintiff.
AB100-engrossed,484,1018
23.66
(2) The person receiving the deposit shall prepare a receipt in triplicate
19showing the purpose for which the deposit is made, stating that the defendant may
20inquire at the office of the clerk of court or municipal court regarding the disposition
21of the deposit, and notifying the defendant that if he or she fails to appear in court
22at the time fixed in the citation he or she will be deemed to have tendered a plea of
23no contest and submitted to a forfeiture, a penalty assessment, a jail assessment,
a
24crime laboratories and drug law enforcement assessment, any applicable weapons
25assessment, any applicable environmental assessment, any applicable wild animal
1protection assessment, any applicable natural resources assessment, any applicable
2fishing shelter removal assessment, any applicable snowmobile registration
3restitution payment and any applicable natural resources restitution payment plus
4costs, including any applicable fees prescribed in ch. 814, not to exceed the amount
5of the deposit which the court may accept. The original of the receipt shall be
6delivered to the defendant in person or by mail. If the defendant pays by check, share
7draft or other draft, the check, share draft or other draft or a microfilm copy of the
8check, share draft or other draft shall be considered a receipt. If the defendant makes
9the deposit by use of a credit card, the credit charge receipt shall be considered a
10receipt.
AB100-engrossed,484,2212
23.66
(4) The basic amount of the deposit shall be determined in accordance
13with a deposit schedule that the judicial conference shall establish. Annually, the
14judicial conference shall review and may revise the schedule. In addition to the basic
15amount determined according to the schedule, the deposit shall include court costs,
16including any applicable fees prescribed in ch. 814, any applicable penalty
17assessment, any applicable jail assessment,
any applicable crime laboratories and
18drug law enforcement assessment, any applicable weapons assessment, any
19applicable environmental assessment, any applicable wild animal protection
20assessment, any applicable natural resources assessment, any applicable fishing
21shelter removal assessment, any applicable snowmobile registration restitution
22payment and any applicable natural resources restitution payment.
AB100-engrossed,485,824
23.67
(2) The deposit and stipulation of no contest may be made at any time
25prior to the court appearance date. By signing the stipulation, the defendant is
1deemed to have tendered a plea of no contest and submitted to a forfeiture, a penalty
2assessment, a jail assessment,
a crime laboratories
and drug law enforcement
3assessment, any applicable weapons assessment, any applicable environmental
4assessment, any applicable wild animal protection assessment, any applicable
5natural resources assessment, any applicable fishing shelter removal assessment,
6any applicable snowmobile registration restitution payment and any applicable
7natural resources restitution payment plus costs, including any applicable fees
8prescribed in ch. 814, not to exceed the amount of the deposit.
AB100-engrossed,485,2210
23.67
(3) The person receiving the deposit and stipulation of no contest shall
11prepare a receipt in triplicate showing the purpose for which the deposit is made,
12stating that the defendant may inquire at the office of the clerk of court or municipal
13court regarding the disposition of the deposit, and notifying the defendant that if the
14stipulation of no contest is accepted by the court the defendant will be deemed to have
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. Delivery of the receipt shall be made in the same manner as in s. 23.66.
AB100-engrossed,486,924
23.75
(3) (a) 2. If the court considers the nonappearance to be a plea of no
25contest and enters judgment accordingly, the court shall promptly mail a copy or
1notice of the judgment to the defendant. The judgment shall allow the defendant not
2less than 20 working days from the date the judgment copy or notice is mailed to pay
3the forfeiture, penalty assessment
and, jail assessment
and crime laboratories and
4drug law enforcement assessment, any applicable weapons assessment, any
5applicable environmental assessment, any applicable wild animal protection
6assessment, any applicable natural resources assessment, any applicable fishing
7shelter removal assessment, any applicable snowmobile registration restitution
8payment and any applicable natural resources restitution payment plus costs,
9including any applicable fees prescribed in ch. 814.
AB100-engrossed,487,611
23.75
(3) (b) If the defendant has made a deposit, the citation may serve as the
12initial pleading and the defendant shall be deemed to have tendered a plea of no
13contest and submitted to a forfeiture, a penalty assessment, a jail assessment,
a
14crime laboratories and drug law enforcement assessment, any applicable weapons
15assessment, any applicable environmental assessment, any applicable wild animal
16protection assessment, any applicable natural resources assessment, any applicable
17fishing shelter removal assessment, any applicable snowmobile registration
18restitution payment and any applicable natural resources restitution payment plus
19any applicable fees prescribed in ch. 814, not exceeding the amount of the deposit.
20The court may either accept the plea of no contest and enter judgment accordingly,
21or reject the plea and issue a summons. If the defendant fails to appear in response
22to the summons, the court shall issue an arrest warrant. If the court accepts the plea
23of no contest, the defendant may move within 90 days after the date set for
24appearance to withdraw the plea of no contest, open the judgment and enter a plea
25of not guilty if the defendant shows to the satisfaction of the court that failure to
1appear was due to mistake, inadvertence, surprise or excusable neglect. If a party
2is relieved from the plea of no contest, the court or judge may order a written
3complaint to be filed and set the matter for trial. After trial the costs and fees shall
4be taxed as provided by law. If on reopening the defendant is found not guilty, the
5court shall delete the record of conviction and shall order the defendant's deposit
6returned.
AB100-engrossed,488,28
23.75
(3) (c) If the defendant has made a deposit and stipulation of no contest,
9the citation may serve as the initial pleading and the defendant shall be deemed to
10have tendered a plea of no contest and submitted to a forfeiture, a penalty
11assessment, a jail assessment,
a crime laboratories
and drug law enforcement
12assessment, any applicable weapons assessment, any applicable environmental
13assessment, any applicable wild animal protection assessment, any applicable
14natural resources assessment, any applicable fishing shelter removal assessment,
15any applicable snowmobile registration restitution payment and any applicable
16natural resources restitution payment plus any applicable fees prescribed in ch. 814,
17not exceeding the amount of the deposit. The court may either accept the plea of no
18contest and enter judgment accordingly, or reject the plea and issue a summons. If
19the defendant fails to appear in response to the summons, the court shall issue an
20arrest warrant. After signing a stipulation of no contest, the defendant may, at any
21time prior to or at the time of the court appearance date, move the court for relief from
22the effect of the stipulation. The court may act on the motion, with or without notice,
23for cause shown by affidavit and upon just terms, and relieve the defendant from the
24stipulation and the effects thereof. If the defendant is relieved from the stipulation
1of no contest, the court may order a citation or complaint to be filed and set the matter
2for trial. After trial the costs and fees shall be taxed as provided by law.