Amendment AA2-ASA1-AB133

AB133-ASA1-AA2,95,4 2. Capital expenditures may be amortized.

AB133-ASA1-AA2,95,6 3. Payments to vendors for on-line services and supplies provided by the vendors under contract under s. 565.25 (2) (a) shall be included.

AB133-ASA1-AA2,95,8 4. Moneys appropriated from the lottery fund under s. 20.455 (2) (r) shall not be included.

AB133-ASA1-AA2, s. 717ym Section 717ym. 25.75 (3) (e) of the statutes is repealed.

AB133-ASA1-AA2, s. 717yn Section 717yn. 25.75 (3) (e) of the statutes is created to read:

AB133-ASA1-AA2,95,13 25.75 (3) (e) From the appropriation under s. 20.566 (2) (r), lottery proceeds shall be used to offset department of revenue expenses in administering the lottery credit.".

AB133-ASA1-AA2,95,14 371. Page 473, line 10: after that line insert:

AB133-ASA1-AA2,95,15 " Section 722tm. 29.024 (2g) (a) 1. of the statutes is amended to read:

AB133-ASA1-AA2,95,17 29.024 (2g) (a) 1. Any license issued under this chapter except for any group fishing license issued under s. 29.193 (5).".

AB133-ASA1-AA2,95,18 372. Page 476, line 23: after that line insert:

AB133-ASA1-AA2,95,19 " Section 727m. 29.193 (5) of the statutes is created to read:

AB133-ASA1-AA2,95,21 29.193 (5) Group fishing license for the developmentally disabled. (a) "Developmental disability" has the meaning given in s. 51.01 (5) (a).

AB133-ASA1-AA2,95,24 (b) The department shall issue one-day group fishing licenses to groups consisting of individuals with developmental disabilities and their caregivers. Not more than 12 individuals may fish under the privilege conferred by each license.".

AB133-ASA1-AA2,96,1 373. Page 481, line 10: after that line insert:

AB133-ASA1-AA2,96,2 " Section 760m. 29.563 (3) (a) 7m. of the statutes is created to read:

AB133-ASA1-AA2,96,3 29.563 (3) (a) 7m. One-day group fishing issued under s. 29.193 (5): $24.25.".

AB133-ASA1-AA2,96,4 374. Page 486, line 18: after that line insert:

AB133-ASA1-AA2,96,5 " Section 785m. 30.103 of the statutes is amended to read:

AB133-ASA1-AA2,96,14 30.103 Identification of ordinary high-water mark by town sanitary district. A town sanitary district may identify the ordinary high-water mark of a lake that lies wholly within unincorporated territory and wholly within the town sanitary district. The department may not identify an ordinary high-water mark of a lake that is different than the ordinary high-water mark identified by a town sanitary district under this section. Notwithstanding s. 30.02, a dispute between a town sanitary district and a riparian owner regarding the high-water mark identified under this section shall be resolved by an administrative process as established by rule by the public service commission.".

AB133-ASA1-AA2,96,15 375. Page 486, line 18: after that line insert:

AB133-ASA1-AA2,96,16 " Section 785dd. 30.01 (1n) of the statutes is created to read:

AB133-ASA1-AA2,96,17 30.01 (1n) "Drain" has the meaning given in s. 88.01 (8).

AB133-ASA1-AA2, s. 785dh Section 785dh. 30.10 (2) of the statutes is amended to read:

AB133-ASA1-AA2,96,22 30.10 (2) Streams. Except as provided under sub. (4) (c) and (d), all streams, sloughs, bayous and marsh outlets, which are navigable in fact for any purpose whatsoever, are declared navigable to the extent that no dam, bridge or other obstruction shall be made in or over the same without the permission of the state.

AB133-ASA1-AA2, s. 785dm Section 785dm. 30.10 (4) (d) of the statutes is created to read:

AB133-ASA1-AA2,97,4 30.10 (4) (d) A drainage district drain operated by a county drainage board under ch. 88 is not navigable unless it is shown, by means of a U.S. geological survey map or other similarly reliable scientific evidence, that the drain was a navigable stream before it became a district drain.

AB133-ASA1-AA2, s. 785dp Section 785dp. 30.12 (1) (intro.) of the statutes is amended to read:

AB133-ASA1-AA2,97,9 30.12 (1) General prohibition. (intro.) Except as provided under sub. subs. (4) and (4m), unless a permit has been granted by the department pursuant to statute or the legislature has otherwise authorized structures or deposits in navigable waters, it is unlawful:".

AB133-ASA1-AA2,97,10 376. Page 486, line 18: after that line insert:

AB133-ASA1-AA2,97,11 " Section 785m. 30.058 of the statutes is created to read:

AB133-ASA1-AA2,97,16 30.058 Exemption from permit requirements for deposits in navigable waters. Notwithstanding s. 30.12, a riparian owner need not obtain a permit or other approval from the department to place riprap or similar material as a bulkhead and to fill the area landward from the bulkhead on the bed of a navigable lake if all of the following apply:

AB133-ASA1-AA2,97,18 (1) The riparian owner is an individual who has owned for at least 25 years the land abutting the bed where the bulkhead and fill is to be placed.

AB133-ASA1-AA2,97,20 (2) The riparian owner has committed at least 30 acres of his or her land to environmental or conservation purposes.

AB133-ASA1-AA2,97,21 (3) The area to be filled does not exceed 7 acres.

AB133-ASA1-AA2,97,23 (4) The lake is an inland lake that is located in a county that meets all of the following conditions:

AB133-ASA1-AA2,97,24 (a) The county seat abuts a different inland lake.

AB133-ASA1-AA2,98,2 (b) The population of the county is at least 135,000 but not more than 145,000, as shown in the 1990 federal decennial census.".

AB133-ASA1-AA2,98,3 377. Page 487, line 4: after that line insert:

AB133-ASA1-AA2,98,4 " Section 792m. 30.12 (4m) of the statutes is created to read:

AB133-ASA1-AA2,98,8 30.12 (4m) Drainage district structures and deposits. (a) Subsection (1) does not apply to a structure or deposit that a county drainage boards places in a drain that the board operates within a drainage district under ch. 88 if either of the following applies:

AB133-ASA1-AA2,98,11 1. The department of agriculture, trade and consumer protection, after consulting with the department of natural resources, specifically approves the structure or deposit.

AB133-ASA1-AA2,98,15 2. The structure or deposit is required, under rules promulgated by the department of agriculture, trade and consumer protection, in order to conform the drain to specifications approved by the department of agriculture, trade and consumer protection after consulting with the department of natural resources.

AB133-ASA1-AA2,98,19 (b) The exemption from sub. (1) under par. (a) does not apply to a drain that is classified as a Class I trout stream on the effective date of this paragraph .... [revisor inserts date] by the department of natural resources under rules promulgated under s. 23.09 (2) (m).".

AB133-ASA1-AA2,98,20 378. Page 489, line 13: after that line insert:

AB133-ASA1-AA2,98,21 " Section 802mg. 30.20 (1) (b) of the statutes is amended to read:

AB133-ASA1-AA2,98,24 30.20 (1) (b) Except as provided under par. (c) pars. (c) and (d), no person may remove any material from the bed of any lake or stream not mentioned under par. (a) without first obtaining a permit from the department under sub. (2) (c).

AB133-ASA1-AA2, s. 802mr Section 802mr. 30.20 (1) (d) of the statutes is created to read:

AB133-ASA1-AA2,99,4 30.20 (1) (d) A county drainage board may without a permit under sub. (2) (c) remove material from a drain that the county drainage board operates in a drainage district under ch. 88 if all of the following apply:

AB133-ASA1-AA2,99,8 1. The removal is required, under rules promulgated by the department of agriculture, trade and consumer protection, in order to conform the drain to specifications imposed by the department of agriculture, trade and consumer protection after consulting with the department of natural resources.

AB133-ASA1-AA2,99,11 2. The drain is not classified as a Class I trout stream on the effective date of this subdivision .... [revisor inserts date], by the department of natural resources under rules promulgated under s. 23.09 (2) (m).".

AB133-ASA1-AA2,99,12 379. Page 489, line 21: after "in bluff land" insert "along the Great Lakes".

AB133-ASA1-AA2,99,13 380. Page 493, line 8: after that line insert:

AB133-ASA1-AA2,99,14 " Section 847y. 30.475 of the statutes is created to read:

AB133-ASA1-AA2,99,16 30.475 Closed area. (1) In this section, "Mazomanie unit" means land that is all of the following:

AB133-ASA1-AA2,99,18 (a) Located in sections 28, 29, 30, 31 and 32 in township 9 north, range 6 east in the Lower Wisconsin State Riverway.

AB133-ASA1-AA2,99,19 (b) Owned or leased by this state.

AB133-ASA1-AA2,99,20 (c) Under the jurisdiction of the department.

AB133-ASA1-AA2,99,22 (d) Part of the Mazomanie unit of the Lower Wisconsin State Wildlife Area, as designated by the department.

AB133-ASA1-AA2,99,24 (2) Beginning on April 1 and ending on September 15 of each year, the department shall close, and prohibit persons from entering, the Mazomanie unit.

AB133-ASA1-AA2,100,2 (3) Notwithstanding sub. (2), the closure of the Mazomanie unit does not apply to any of the following:

AB133-ASA1-AA2,100,5 (a) A person who enters the Mazomanie unit to engage in nonrecreational activities for which the department has issued a permit including a person who holds a permit under s. 29.614.

AB133-ASA1-AA2,100,8 (b) A person who enters the Mazomanie unit to engage in the training of hunting dogs or to conduct dog trials if the person holds a permit under rules promulgated by the department under s. 29.321.

AB133-ASA1-AA2,100,10 (c) A person who enters the islands and sandbars of the Mazomanie unit between 6:00 a.m. and 9:00 p.m.

AB133-ASA1-AA2,100,12 (4) The department shall post notice of the closure of the Mazomanie unit in a manner that gives the public sufficient notice of the closure.

AB133-ASA1-AA2, s. 847z Section 847z. 30.49 (1) (dm) of the statutes is created to read:

AB133-ASA1-AA2,100,15 30.49 (1) (dm) Any person who violates s. 30.475 shall forfeit not less than $100 nor more than $1,000 for each violation.".

AB133-ASA1-AA2,100,16 381. Page 496, line 13: delete lines 13 to 22.

AB133-ASA1-AA2,100,17 382. Page 499, line 8: after that line insert:

AB133-ASA1-AA2,100,18 " Section 867xg. 30.92 (4) (b) 8. am. of the statutes is created to read:

AB133-ASA1-AA2,100,20 30.92 (4) (b) 8. am. A project that uses chemicals to remove Eurasian water milfoil.".

AB133-ASA1-AA2,100,21 383. Page 499, line 9: after that line insert:

AB133-ASA1-AA2,100,22 " Section 867xp. 31.02 (title) of the statutes is amended to read:

AB133-ASA1-AA2,100,23 31.02 (title) Powers and duties of department.

AB133-ASA1-AA2, s. 867xr Section 867xr. 31.02 (4) (c) of the statutes is amended to read:

AB133-ASA1-AA2,101,5 31.02 (4) (c) With good and sufficient fishway or fishways or fish ladders, or in lieu thereof the owner may be permitted to enter into an agreement with the department to pay for or to supply to the state of Wisconsin annually such quantities of game fish for stocking purposes as may be agreed upon by the owner and the department.

AB133-ASA1-AA2, s. 867xs Section 867xs. 31.02 (4g) of the statutes is created to read:

AB133-ASA1-AA2,101,8 31.02 (4g) The department may not impose the requirement under sub. (4) (c) on an owner of a dam unless all of the following apply:

AB133-ASA1-AA2,101,9 1. The rules promulgated under sub. (4r) are in effect.

AB133-ASA1-AA2,101,12 2. The federal government or the state implements a program to provide cost-sharing grants to owners of dams for equipping dams with fishways or fish ladders and a grant is available to the dam owner under the program.

AB133-ASA1-AA2, s. 867xt Section 867xt. 31.02 (4r) of the statutes is created to read:

AB133-ASA1-AA2,101,17 31.02 (4r) The department shall promulgate rules specifying the rights held by the public in navigable waters that are dammed. The rules shall include provisions on the rights held by public that affect the placement of fishways or fish ladders in navigable waters that are dammed.".

AB133-ASA1-AA2,101,18 384. Page 499, line 9: after that line insert:

AB133-ASA1-AA2,101,19 " Section 867xo. 31.02 (6) of the statutes is amended to read:

AB133-ASA1-AA2,102,2 31.02 (6) The department shall Except as provided in sub. (7m), the department may operate, repair and maintain the dams and dykes dikes constructed across drainage ditches and streams in drainage districts, in the interest of drainage control, water conservation, irrigation, conservation, pisciculture and to provide areas suitable for the nesting and breeding of aquatic wild bird life and the propagation of fur-bearing animals.

AB133-ASA1-AA2, s. 867xq Section 867xq. 31.02 (7) of the statutes is repealed.

AB133-ASA1-AA2, s. 867xr Section 867xr. 31.02 (7m) of the statutes is created to read:

AB133-ASA1-AA2,102,10 31.02 (7m) A county drainage board shall operate, repair and maintain dams, dikes and other structures in district drains that the board operates in drainage districts in compliance with ch. 88 and any rules promulgated by the department of agriculture, trade and consumer protection under ch. 88. If a county drainage board fails to perform its duties under this subsection, the department of natural resources may exercise its authority under sub. (6).

AB133-ASA1-AA2, s. 867xs Section 867xs. 31.02 (8) of the statutes is repealed.

AB133-ASA1-AA2, s. 867xt Section 867xt. 31.02 (9) of the statutes is repealed.".