Amendment JR2 AA1-ASA1-AB1

AB1-ASA1-AA1,41,22 " Section 72t. 23.22 of the statutes is created to read:

AB1-ASA1-AA1,41,23 23.22 Invasive species. (1) Definitions. In this section:

AB1-ASA1-AA1,42,2 (a) "Control" means to cut, remove, destroy, suppress, or prevent the introduction or spread of.

AB1-ASA1-AA1,42,3 (b) "Council" means the invasive species council.

AB1-ASA1-AA1,42,5 (c) "Invasive species" means nonindigenous species whose introduction causes or is likely to cause economic or environmental harm or harm to human health.

AB1-ASA1-AA1,42,7 (d) "State agency" means a board, commission, committee, department, or office in the state government.

AB1-ASA1-AA1,42,9 (2) Department responsibilities. (a) The department shall establish a statewide program to control invasive species in this state.

AB1-ASA1-AA1,42,11 (b) As part of the program established under par. (a), the department shall do all of the following:

AB1-ASA1-AA1,42,13 1. Create and implement a statewide management plan to control invasive species in this state, which shall include inspections as specified under sub. (5).

AB1-ASA1-AA1,42,15 2. Administer the program established under s. 23.24 as it relates to invasive aquatic plants.

AB1-ASA1-AA1,42,17 3. Encourage cooperation among state agencies and other entities to control invasive species in this state.

AB1-ASA1-AA1,42,18 4. Seek public and private funding for the program.

AB1-ASA1-AA1,42,21 6. Promulgate rules to classify invasive species for purposes of the program. In promulgating these rules, the department shall consider the recommendations of the council under sub. (3) (a).

AB1-ASA1-AA1,43,4 (c) Under the program established under par. (a), the department shall promulgate rules to establish a procedure to award cost-sharing grants to public and private entities for up to 50% of the costs of projects to control invasive species. Any rules promulgated under this paragraph shall establish criteria for determining eligible projects and eligible grant recipients and shall allow cost-share contributions to be in the form of money or in-kind goods or services or any combination thereof. In promulgating these rules, the department shall consider the recommendations of the council under sub. (3) (c).

AB1-ASA1-AA1,43,11 (3) Council duties. (a) The council shall make recommendations to the department for a system for classifying invasive species under the program established under sub. (2). The recommendations shall contain criteria for each classification to be used, the allowed activities associated with each classification, criteria for determining state priorities for controlling invasive species under each classification, and criteria for determining the types of actions to be taken in response to the introduction or spread of a native species under each classification.

AB1-ASA1-AA1,43,14 (b) Under the program established under sub. (2), the council shall conduct studies of issues related to controlling invasive species. The studies shall address all of the following:

AB1-ASA1-AA1,43,16 1. The effect of the state's bait industry on the introduction and spread of invasive species.

AB1-ASA1-AA1,43,17 2. The state's pet industry on the introduction and spread of invasive species.

AB1-ASA1-AA1,43,18 3. The acquisition of invasive species through mail order and Internet sales.

AB1-ASA1-AA1,43,19 4. Any other issue as determined by the council.

AB1-ASA1-AA1,43,25 (c) The council shall make recommendations to the department on the establishment of a procedure for awarding cost-sharing grants under sub. (2) (c) to public and private entities for up to 50% of the costs of eligible projects to control invasive species. The recommendations shall contain criteria for determining eligibility for these grants and for determining which applicants should be awarded the grants.

AB1-ASA1-AA1,44,3 (d) To assist the council in its work, the council shall create 4 subcommittees on the subjects of education, research, regulation, and interagency coordination. The council may create additional subcommittees on other subjects.

AB1-ASA1-AA1,44,9 (5) Inspections. As part of the statewide management plan, the department shall create a watercraft inspection program under which the department shall conduct periodic inspections of boats, boating equipment, and boat trailers entering and leaving navigable waters and shall educate boaters about the threat of invasive species that are a quatic species. The department shall encourage the use of volunteers or may use department employees for these inspections.

AB1-ASA1-AA1,44,12 (6) Reports. (a) The department shall submit to the legislature under s. 13.172 (2), and to the governor and the council, a biennial report that includes all of the following:

AB1-ASA1-AA1,44,15 1. Details on the administration of the program established under sub. (2), including an assessment as to the progress that is being made in controlling invasive species in this state.

AB1-ASA1-AA1,44,16 2. A description of state funding that has been expended under the program.

AB1-ASA1-AA1,44,18 3. A description of funding from other sources that has been expended to control invasive species in this state.

AB1-ASA1-AA1,44,19 4. An assessment of the future needs of the program.

AB1-ASA1-AA1,44,23 (b) The department shall submit the biennial report under par. (a) before July 1 of each even-numbered year. The first biennial report shall be submitted no later than July 1, 2004. Each report shall cover the 24-month period ending on the March 31 that immediately precedes the date of the report.

AB1-ASA1-AA1,45,6 (c) In addition to the report required under par. (a), the department shall submit an interim performance report to the legislature under s. 13.172 (2), and to the governor and the council, on the progress that has been made on the control of invasive species. The department shall submit this interim performance report before July 1 of each odd-numbered year. The first interim performance report shall be submitted no later than July 1, 2005. Each interim performance report shall cover the 12-month period ending on the March 31 that immediately precedes the date of the interim performance report.

AB1-ASA1-AA1,45,9 (7) Appearance before legislature. Upon request of a standing committee of the legislature with jurisdiction over matters related to the environment, natural resources, or agriculture, the director of the program shall appear to testify.

AB1-ASA1-AA1, s. 72td Section 72td. 23.23 (title) of the statutes is repealed.

AB1-ASA1-AA1, s. 72tj Section 72tj. 23.23 (1) of the statutes is renumbered 23.235 (1) (b) and amended to read:

AB1-ASA1-AA1,45,14 23.235 (1) (b) In this section, "purple "Purple loosestrife" means any nonnative member of the genus Lythrum.

AB1-ASA1-AA1, s. 72tm Section 72tm. 23.23 (2) of the statutes is renumbered 23.235 (3m) and amended to read:

AB1-ASA1-AA1,45,23 23.235 (3m) Research. The Under the program established under s. 23.22, the department shall make a reasonable effort to conduct research to determine alternative methods to contain and control purple loosestrife in the most environmentally sound manner and may conduct other research on the control of nuisance weeds. The secretaries of natural resources and of agriculture, trade and consumer protection may authorize any person to plant or cultivate nuisance weeds for the purpose of controlled experimentation.

AB1-ASA1-AA1, s. 72tq Section 72tq. 23.23 (3) (a) of the statutes is renumbered 23.235 (2m) (a) and amended to read:

AB1-ASA1-AA1,46,4 23.235 (2m) (a) The Under the program established under s. 23.22, the department shall make a reasonable effort to develop a statewide program plan to control purple loosestrife on both public and private lands, as provided in this subsection.

AB1-ASA1-AA1, s. 72tv Section 72tv. 23.23 (3) (b) of the statutes is renumbered 23.235 (2m) (b) and amended to read:

AB1-ASA1-AA1,46,11 23.235 (2m) (b) The department shall make a reasonable effort to implement control and quarantine methods on public lands as soon as practicable. The department shall make a reasonable effort to employ the least environmentally harmful methods available that are effective, based on research conducted under sub. (2) (3m).

AB1-ASA1-AA1, s. 72ud Section 72ud. 23.23 (3) (c) of the statutes is renumbered 23.235 (2m) (c).

AB1-ASA1-AA1, s. 72uj Section 72uj. 23.23 (3) (d) of the statutes is renumbered 23.235 (2m) (d).

AB1-ASA1-AA1, s. 72um Section 72um. 23.23 (3) (e) of the statutes is renumbered 23.235 (2m) (e).

AB1-ASA1-AA1, s. 72uq Section 72uq. 23.23 (4) (a) of the statutes is renumbered 23.235 (4) (a) and amended to read:

AB1-ASA1-AA1,46,20 23.235 (4) (a) The Under the program established under s. 23.22, the department shall make a reasonable effort to develop a statewide education program effort on the effects of purple loosestrife nuisance weeds, as provided in this subsection.

AB1-ASA1-AA1, s. 72uv Section 72uv. 23.23 (4) (b) of the statutes is renumbered 23.235 (4) (b) and amended to read:

AB1-ASA1-AA1,47,4 23.235 (4) (b) The department shall make a reasonable effort to educate the authorities in charge of the maintenance of all federal, state and county trunk highways and all forest and park land in this state on methods to identify and control purple loosestrife and multiflora rose nuisance weeds. The department of transportation and all other authorities in charge of the maintenance of highways, forests and parks may cooperate with the department in efforts under this paragraph.

AB1-ASA1-AA1, s. 72vd Section 72vd. 23.23 (4) (c) of the statutes is renumbered 23.235 (4) (c).

AB1-ASA1-AA1, s. 72vj Section 72vj. 23.235 (1) of the statutes is renumbered 23.235 (1) (intro.) and amended to read:

AB1-ASA1-AA1,47,8 23.235 (1) Definitions. (intro.) In this section, "nuisance:

AB1-ASA1-AA1,47,10 (a) "Nuisance weeds" means any nonnative member of the genus Lythrum (purple loosestrife) or hybrids thereof and multiflora rose.

AB1-ASA1-AA1, s. 72vm Section 72vm. 23.235 (2) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1-ASA1-AA1,47,14 23.235 (2) Prohibition. Except as provided in sub. (3) (3m), no person may sell, offer for sale, distribute, plant, or cultivate any multiflora rose or seeds thereof.

AB1-ASA1-AA1, s. 72vq Section 72vq. 23.235 (2m) (title) of the statutes is created to read:

AB1-ASA1-AA1,47,16 23.235 (2m) (title) Control efforts.

AB1-ASA1-AA1, s. 72vv Section 72vv. 23.235 (3) of the statutes is repealed.

AB1-ASA1-AA1, s. 72wd Section 72wd. 23.235 (4) (title) of the statutes is created to read:

AB1-ASA1-AA1,47,19 23.235 (4) (title) Education.

AB1-ASA1-AA1, s. 72wj Section 72wj. 23.235 (5) of the statutes is amended to read:

AB1-ASA1-AA1,47,22 23.235 (5) Penalty. Any person who knowingly violates this section sub. (2) shall forfeit not more than $100. Each violation of this section is a separate offense.

AB1-ASA1-AA1, s. 72wm Section 72wm. 23.24 (1) (g) of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

AB1-ASA1-AA1,48,2 23.24 (1) (g) "Invasive aquatic plant" means an aquatic plant that is designated under sub. (2) (b) 1.

AB1-ASA1-AA1, s. 72wq Section 72wq. 23.24 (2) (title) of the statutes, as created by 2001 Wisconsin Act 16, is repealed and recreated to read:

AB1-ASA1-AA1,48,5 23.24 (2) (title) Department duties.

AB1-ASA1-AA1, s. 72wv Section 72wv. 23.24 (2) (a) 1. of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

AB1-ASA1-AA1,48,9 23.24 (2) (a) 1. Protect Implement efforts to protect and develop diverse and stable communities of native aquatic plants.

AB1-ASA1-AA1, s. 72xd Section 72xd. 23.24 (2) (a) 3. of the statutes, as created by 2001 Wisconsin Act 16, is renumbered 23.22 (2) (b) 5. and amended to read:

AB1-ASA1-AA1,48,13 23.22 (2) (b) 5. Provide education and encourage and conduct research concerning invasive aquatic plants species.

AB1-ASA1-AA1, s. 72xj Section 72xj. 23.24 (2) (b) (intro.) and 1. of the statutes, as created by 2001 Wisconsin Act 16, are consolidated, renumbered 23.24 (2) (b) and amended to read:

AB1-ASA1-AA1,48,23 23.24 (2) (b) Under the program implemented under par. (a), the department shall do all of the following: 1. Designate designate by rule which aquatic plants are invasive aquatic plants for purposes of this section. The department shall designate Eurasian water milfoil, curly leaf pondweed, and purple loosestrife as invasive aquatic plants and may designate any other aquatic plant as an invasive aquatic plant if it has the ability to cause significant adverse change to desirable aquatic habitat, to significantly displace desirable aquatic vegetation, or to reduce the yield of products produced by aquaculture.

AB1-ASA1-AA1, s. 72xm Section 72xm. 23.24 (2) (b) 2. of the statutes, as created by 2001 Wisconsin Act 16, is renumbered 23.24 (2) (a) 4.

AB1-ASA1-AA1, s. 72xq Section 72xq. 23.24 (2) (c) (intro.) of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

AB1-ASA1-AA1,49,4 23.24 (2) (c) (intro.) The requirements promulgated under par. (b) 2. (a) 4. may specify any of the following:

AB1-ASA1-AA1, s. 72xv Section 72xv. 23.24 (3) (a) (intro.) of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

AB1-ASA1-AA1,49,9 23.24 (3) (a) (intro.) Unless a person has a valid aquatic plant management permit issued under the program established under sub. (2) by the department, no person may do any of the following:".

AB1-ASA1-AA1,49,10 68. Page 28, line 8: after that line insert:

AB1-ASA1-AA1,49,11 " Section 80p. 25.46 (4) of the statutes is amended to read:

AB1-ASA1-AA1,49,13 25.46 (4) The moneys specified under s. 94.681 (7) (a) 1. and 2. for environmental management.

AB1-ASA1-AA1, s. 80r Section 80r. 25.465 (8) of the statutes is amended to read:

AB1-ASA1-AA1,49,16 25.465 (8) The fees collected under s. 94.72 (5) (b) and (6) (a) 1. and 2. and 2m. and (i).".

AB1-ASA1-AA1,49,17 69. Page 28, line 8: after that line insert:

AB1-ASA1-AA1,49,18 " Section 73m. 23.495 of the statutes is created to read:

AB1-ASA1-AA1,49,19 23.495 Restrictions on seeking review. (1) In this section:

AB1-ASA1-AA1,49,23 (a) "Area variance" means a variance granted by a board of adjustment under s. 59.694 (7) (c) or a board of appeals under s. 62.23 (7) (e) 7. that relates to those provisions of a zoning ordinance which govern area, setbacks, frontage, height, bulk, or density.

AB1-ASA1-AA1,49,24 (b) "Members-elect" has the meaning given in s. 59.001 (2m).

AB1-ASA1-AA1,50,1 (c) "Municipality" means a city, village, or town.

AB1-ASA1-AA1,50,2 (d) "Political subdivision" means a municipality or county.

AB1-ASA1-AA1,50,11 (2) Beginning on the effective date of this subsection .... [revisor inserts date], the state may not initiate a civil action or intervene in a civil action to challenge the granting of an area variance from an ordinance in effect under s. 59.692, 61.351, or 62.231, or an ordinance in effect under s. 60.61 or 60.62 that relates to shoreland zoning if the area variance has been approved by a two-thirds vote of the members-elect of the political subdivision and, in the case of a municipality, has also been approved by a two-thirds vote of the members-elect of the county board of the county in which the land that is subject to the area variance is located or predominantly located."

AB1-ASA1-AA1,50,12 70. Page 28, line 8: after that line insert: