Amendment AA1-ASA1-SB55

SB55-ASA1-AA1,290,4 594. Page 453, line 17: after that line insert:

SB55-ASA1-AA1,290,5 " Section 1040m. 23.235 (3) of the statutes is amended to read:

SB55-ASA1-AA1,290,9 23.235 (3) The department may conduct research on the control of nuisance weeds. The secretaries of natural resources fish, wildlife, parks, and forestry and of agriculture, trade and consumer protection may authorize any person to plant or cultivate nuisance weeds for the purpose of controlled experimentation.".

SB55-ASA1-AA1,290,10 595. Page 458, line 8: after that line insert:

SB55-ASA1-AA1,290,11 " Section 1045Lc. 23.30 (3) (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,290,16 23.30 (3) Natural resources Fish, wildlife, parks, and forestry board. (intro.) The natural resources fish, wildlife, parks, and forestry board is the body through which all governmental agencies and nongovernmental agencies may coordinate their policies, plans and activities with regard to Wisconsin outdoor recreation resources. To this end it shall:

SB55-ASA1-AA1, s. 1045Lf Section 1045Lf. 23.31 (1) (a) of the statutes is amended to read:

SB55-ASA1-AA1,290,22 23.31 (1) (a) To provide and develop recreation resources facilities within this state, the natural resources fish, wildlife, parks, and forestry board, subject to the limits provided in s. 20.866 (2) (tp), (ts) and (tt), may direct that state debt be contracted for providing recreation resources facilities or making additions to existing recreation resources facilities.

SB55-ASA1-AA1, s. 1045Lh Section 1045Lh. 23.31 (1) (b) of the statutes is amended to read:

SB55-ASA1-AA1,291,9 23.31 (1) (b) With their its biennial budget request to the department of administration, the natural resources fish, wildlife, parks, and forestry board shall include its request and plan for recreational acquisition and development funding under s. 23.30. This plan shall be approved by the governor and shall contain the policies regarding the priority types of land to be acquired and the nature and categories of the developments to be undertaken. Changes in priority types of land to be acquired and in categories of developments may not be made without approval of the governor. Any deviation which the governor approves shall be reviewed by the joint committee on finance.

SB55-ASA1-AA1, s. 1045Lj Section 1045Lj. 23.32 of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 278.32.

SB55-ASA1-AA1, s. 1045Ln Section 1045Ln. 23.325 (2) (a) of the statutes is amended to read:

SB55-ASA1-AA1,291,15 23.325 (2) (a) After consultation with the department of transportation and the state cartographer, the department of natural resources fish, wildlife, parks, and forestry shall select the photographic products to be sold.

SB55-ASA1-AA1, s. 1045Lp Section 1045Lp. 23.325 (3) of the statutes is amended to read:

SB55-ASA1-AA1,291,18 23.325 (3) The department of natural resources fish, wildlife, parks, and forestry may sell and may enter into contracts to sell the photographic products.

SB55-ASA1-AA1, s. 1045Lr Section 1045Lr. 23.325 (4) of the statutes is amended to read:

SB55-ASA1-AA1,291,23 23.325 (4) All income received by the department of natural resources fish, wildlife, parks, and forestry and the department of transportation from the sale of the photographic products, less the amount retained by the department of transportation under s. 85.10, shall be deposited in the conservation fund.".

SB55-ASA1-AA1,291,24 596. Page 458, line 8: after that line insert:

SB55-ASA1-AA1,292,1 " Section 1043m. 23.257 of the statutes is created to read:

SB55-ASA1-AA1,292,5 23.257 Geographic information systems. Notwithstanding s. 16.705 (1), if the department provides geographic information systems mapping services on or after July 1, 2002, it shall enter into a contract with a private entity to provide those services.".

SB55-ASA1-AA1,292,6 597. Page 458, line 8: after that line insert:

SB55-ASA1-AA1,292,7 " Section 1043m. 23.257 of the statutes is created to read:

SB55-ASA1-AA1,292,10 23.257 Departmental regions. If the department divides the state into regions for the purpose of managing its functions, it shall include all of Crawford and Vernon counties in the region that covers the west central part of the state.".

SB55-ASA1-AA1,292,11 598. Page 461, line 21: after that line insert:

SB55-ASA1-AA1,292,13 " Section 1065d. 23.33 (2) (o) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

SB55-ASA1-AA1,292,16 23.33 (2) (o) Receipt of fees. All fees remitted to or collected by the department under par. (ir) shall be credited to the appropriation account under s. 20.370 (9) (hu) (1) (hw).".

SB55-ASA1-AA1,292,17 599. Page 463, line 23: after that line insert:

SB55-ASA1-AA1,292,19 " Section 1066arb. 23.33 (5m) (c) 4. and 5. of the statutes, as created by 2001 Wisconsin Act .... (this act), are amended to read:

SB55-ASA1-AA1,292,24 23.33 (5m) (c) 4. Assisting the department of natural resources fish, wildlife, parks, and forestry and the department of tourism in creating an outreach program to inform local communities of appropriate all-terrain vehicle use in their communities and of the economic benefits that may be gained from promoting tourism to attract all-terrain vehicle operators.

SB55-ASA1-AA1,293,5 5. Attempting to improve and maintain its relationship with the department of natural resources fish, wildlife, parks, and forestry, the department of tourism, all-terrain vehicle dealers, all-terrain vehicle manufacturers, snowmobile clubs, as defined in s. 350.138 (1) (e), snowmobile alliances, as defined in s. 350.138 (d), and other organizations that promote the recreational operation of snowmobiles.

SB55-ASA1-AA1, s. 1066as Section 1066as. 23.33 (9) (a) of the statutes is amended to read:

SB55-ASA1-AA1,293,11 23.33 (9) (a) Enforcement. The department may utilize moneys received under sub. (2) for all-terrain vehicle registration aids administration and for the purposes specified under s. 20.370 (3) (1) (as) and (5) (er) including costs associated with enforcement, safety education, accident reports and analysis, law enforcement aids to counties, and other similar costs in administering and enforcing this section.

SB55-ASA1-AA1, s. 1066at Section 1066at. 23.38 (1) of the statutes is amended to read:

SB55-ASA1-AA1,293,18 23.38 (1) The department shall maintain a toll-free telephone number at department headquarters to receive reports of violations of any statute or administrative rule that the department enforces or administers. The department shall relay these reports to the appropriate conservation warden or officer for investigation and enforcement action. The department shall publicize the toll-free telephone number as widely as possible in the state.

SB55-ASA1-AA1, s. 1066au Section 1066au. 23.39 of the statutes is created to read:

SB55-ASA1-AA1,293,23 23.39 Financial interest prohibited. The secretary and any other person in a position of administrative responsibility in the department may not have a financial interest in any enterprise which might profit by weak or preferential administration or enforcement of the powers and duties of the department.

SB55-ASA1-AA1, s. 1066av Section 1066av. 23.40 (3) (d) of the statutes is amended to read:

SB55-ASA1-AA1,294,5 23.40 (3) (d) Except as provided in par. (e), the The department shall deposit any environmental impact statement fee in the general fund and shall designate clearly the amount of the fee related to the cost of authorized environmental consultant services and the amount of the fee related to the cost of printing and postage.

SB55-ASA1-AA1, s. 1066aw Section 1066aw. 23.40 (3) (e) of the statutes is repealed.

SB55-ASA1-AA1, s. 1066ax Section 1066ax. 23.41 (1) (intro.) and (b) of the statutes are consolidated, renumbered 23.41 (1) and amended to read:

SB55-ASA1-AA1,294,11 23.41 (1) In this section: (b) "Environmental "environmental consultant services" includes services provided by environmental scientists, engineers and other experts.

SB55-ASA1-AA1, s. 1066ay Section 1066ay. 23.41 (1) (a) of the statutes is repealed.

SB55-ASA1-AA1, s. 1066az Section 1066az. 23.41 (2) of the statutes is repealed.".

SB55-ASA1-AA1,294,14 600. Page 463, line 23: after that line insert:

SB55-ASA1-AA1,294,15 " Section 1066av. 23.33 (7m) of the statutes is created to read:

SB55-ASA1-AA1,294,24 23.33 (7m) Reporting requirement. The department shall submit an annual report to the joint legislative audit committee on how the increase in conservation warden positions under 2001 Wisconsin Act .... (this act), that provide additional state law enforcement functions related to all-terrain vehicles has benefited the department's efforts to enforce the laws relating to the operation of all-terrain vehicles and to educate the public on these laws. The department shall submit this report no later than August 15 of each year and shall submit the first report no later than August 15, 2002. The report shall cover the fiscal year ending on the June 30 that immediately precedes the date of the report.".

SB55-ASA1-AA1,295,1 601. Page 464, line 14: after that line insert:

SB55-ASA1-AA1,295,3 " Section 1066bb. 23.41 (5) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is repealed.

SB55-ASA1-AA1, s. 1066bd Section 1066bd. 23.41 (5m) of the statutes is repealed.

SB55-ASA1-AA1, s. 1066bg Section 1066bg. 23.42 of the statutes is renumbered 278.42.

SB55-ASA1-AA1, s. 1066bj Section 1066bj. 23.425 (title), (1) and (2) (a) of the statutes are renumbered 278.425 (title), (1) and (2).

SB55-ASA1-AA1, s. 1066bm Section 1066bm. 23.425 (2) (b) of the statutes is renumbered 23.425 and amended to read:

SB55-ASA1-AA1,295,13 23.425 MacKenzie center. The fees collected by the department under par. (a) may collect fees for the use of the MacKenzie environmental center. The fees shall be deposited in the general fund and credited to the appropriation under s. 20.370 (9) (1) (gb).".

SB55-ASA1-AA1,295,14 602. Page 466, line 6: after that line insert:

SB55-ASA1-AA1,295,16 " Section 1066yb. 23.47 of the statutes, as created by 2001 Wisconsin Act .... (this act), is amended to read:

SB55-ASA1-AA1,295,22 23.47 Payments for department of tourism programs and activities. The department of natural resources fish, wildlife, parks, and forestry may not expend any moneys appropriated from the conservation fund to the department of natural resources fish, wildlife, parks, and forestry under s. 20.370 to pay, in whole or in part, for a program operated, or an activity conducted, by the department of tourism.".

SB55-ASA1-AA1, s. 1067b Section 1067b. 23.50 (1) of the statutes is amended to read:

SB55-ASA1-AA1,296,13 23.50 (1) The procedure in ss. 23.50 to 23.85 applies to all actions in circuit court to recover forfeitures, penalty assessments, jail assessments, applicable weapons assessments, applicable environmental assessments, applicable wild animal protection assessments, applicable natural resources assessments, applicable fishing shelter removal assessments, applicable snowmobile registration restitution payments and applicable natural resources restitution payments for violations of ss. 77.09, 134.60, 167.10 (3), and 167.31 (2), 281.48 (2) to (5), 283.33, 285.57 (2), 285.59 (2), (3) (c) and (4), 287.07, 287.08, 287.81 and 299.64 (2) subchs. IV and V of ch. 30, subch. VI of ch. 77, this chapter and chs. 26 to 31 29 and of ch. 350, and any administrative rules promulgated thereunder, violations specified under s. 285.86, violations of rules of the Kickapoo reserve management board under s. 41.41 (7) (k) or violations of local ordinances enacted by any local authority in accordance with s. 23.33 (11) (am) or 30.77.

SB55-ASA1-AA1, s. 1068b Section 1068b. 23.50 (2) of the statutes is amended to read:

SB55-ASA1-AA1,296,22 23.50 (2) All actions to recover these forfeitures, penalty assessments, jail assessments, applicable weapons assessments, applicable environmental assessments, applicable wild animal protection assessments, applicable natural resources assessments, applicable fishing shelter removal assessments, applicable snowmobile registration restitution payments and applicable natural resources restitution payments are civil actions in the name of the state of Wisconsin, shall be heard in the circuit court for the county where the offense occurred, and shall be recovered under the procedure set forth in ss. 23.50 to 23.85.

SB55-ASA1-AA1, s. 1068r Section 1068r. 23.51 (3c) of the statutes is repealed.

SB55-ASA1-AA1, s. 1072b Section 1072b. 23.53 (1) of the statutes is amended to read:

SB55-ASA1-AA1,297,16 23.53 (1) The citation created under this section shall, in all actions to recover forfeitures, penalty assessments, jail assessments, applicable weapons assessments, applicable environmental assessments, applicable wild animal protection assessments, applicable natural resources assessments, applicable fishing shelter removal assessments, applicable snowmobile registration restitution payments and applicable natural resources restitution payments for violations of those statutes enumerated in s. 23.50 (1), any administrative rules promulgated thereunder, and any rule of the Kickapoo reserve management board under s. 41.41 (7) (k) be used by any law enforcement officer with authority to enforce those laws, except that the uniform traffic citation created under s. 345.11 may be used by a traffic officer employed under s. 110.07 in enforcing s. 167.31 or by an officer of a law enforcement agency of a municipality or county or a traffic officer employed under s. 110.07 in enforcing s. 287.81. In accordance with s. 345.11 (1m), the citation shall not be used for violations of ch. 350 relating to highway use. The citation may be used for violations of local ordinances enacted by any local authority in accordance with s. 23.33 (11) (am) or 30.77.

SB55-ASA1-AA1, s. 1073b Section 1073b. 23.54 (3) (e) of the statutes is amended to read:

SB55-ASA1-AA1,297,24 23.54 (3) (e) The maximum forfeiture, penalty assessment, jail assessment, crime laboratories and drug law enforcement assessment, applicable weapons assessment, applicable environmental assessment, applicable wild animal protection assessment, applicable natural resources assessment, applicable fishing shelter removal assessment, applicable snowmobile registration restitution payment and applicable natural resources restitution payment for which the defendant might be found liable.

SB55-ASA1-AA1, s. 1074b Section 1074b. 23.54 (3) (i) of the statutes is amended to read:

SB55-ASA1-AA1,298,11 23.54 (3) (i) Notice that if the defendant makes a deposit and fails to appear in court at the time fixed in the citation, the defendant will be deemed to have tendered a plea of no contest and submitted to a forfeiture, a penalty assessment, a jail assessment, a crime laboratories and drug law enforcement assessment, any applicable weapons assessment, any applicable environmental assessment, any applicable wild animal protection assessment, any applicable natural resources assessment, any applicable fishing shelter removal assessment, any applicable snowmobile registration restitution payment and any applicable natural resources restitution payment plus costs, including any applicable fees prescribed in ch. 814, not to exceed the amount of the deposit. The notice shall also state that the court may decide to summon the defendant rather than accept the deposit and plea.

SB55-ASA1-AA1, s. 1075b Section 1075b. 23.54 (3) (j) of the statutes is amended to read:

SB55-ASA1-AA1,298,25 23.54 (3) (j) Notice that if the defendant makes a deposit and signs the stipulation, the defendant will be deemed to have tendered a plea of no contest and submitted to a forfeiture, a penalty assessment, a jail assessment, a crime laboratories and drug law enforcement assessment, any applicable weapons assessment, any applicable environmental assessment, any applicable wild animal protection assessment, any applicable natural resources assessment, any applicable fishing shelter removal assessment, any applicable snowmobile registration restitution payment and any applicable natural resources restitution payment plus costs, including any applicable fees prescribed in ch. 814, not to exceed the amount of the deposit. The notice shall also state that the court may decide to summon the defendant rather than accept the deposit and stipulation, and that the defendant may, at any time prior to or at the time of the court appearance date, move the court for relief from the effects of the stipulation.

SB55-ASA1-AA1, s. 1076b Section 1076b. 23.55 (1) (b) of the statutes is amended to read:

SB55-ASA1-AA1,299,12 23.55 (1) (b) A plain and concise statement of the violation identifying the event or occurrence from which the violation arose and showing that the plaintiff is entitled to relief, the statute upon which the cause of action is based and a demand for a forfeiture, the amount of which shall not exceed the maximum set by the statute involved, a penalty assessment, a jail assessment, a crime laboratories and drug law enforcement assessment, any applicable weapons assessment, any applicable environmental assessment, any applicable wild animal protection assessment, any applicable natural resources assessment, any applicable fishing shelter removal assessment, any applicable snowmobile registration restitution payment, any applicable natural resources restitution payment and any other relief that is sought by the plaintiff.

SB55-ASA1-AA1, s. 1076m Section 1076m. 23.56 (2) of the statutes is amended to read:

SB55-ASA1-AA1,299,22 23.56 (2) In actions to collect forfeitures, penalty assessments, jail assessments, applicable weapons assessments, applicable environmental assessments, applicable wild animal protection assessments, applicable natural resources assessments, applicable fishing shelter removal assessments, applicable snowmobile registration restitution payments and applicable natural resources restitution payments, the judge who issues a warrant under sub. (1) may endorse upon the warrant the amount of the deposit. If no endorsement is made, the deposit schedule under s. 23.66 shall apply, unless the court directs that the person be brought before the court.

SB55-ASA1-AA1, s. 1076r Section 1076r. 23.65 (1) of the statutes is amended to read:

SB55-ASA1-AA1,300,4 23.65 (1) When it appears to the district attorney that a violation of s. 134.60, 281.48 (2) to (5), 283.33, 285.57 (2), 285.59 (2), (3) (c) and (4), 287.07, 287.08, 287.81 or 299.64 (2) subch. IV or V of ch. 30, this chapter or ch. 26, 27, 28, 29, 30, 31 or 350, or any administrative rule promulgated pursuant thereto, or a violation specified under s. 285.86 has been committed the district attorney may proceed by complaint and summons.

SB55-ASA1-AA1, s. 1076t Section 1076t. 23.65 (3) of the statutes is amended to read:

SB55-ASA1-AA1,300,11 23.65 (3) If a district attorney refuses or is unavailable to issue a complaint, a circuit judge, after conducting a hearing, may permit the filing of a complaint if he or she finds there is probable cause to believe that the person charged has committed a violation of s. 287.07, 287.08 or 287.81 subch. IV or V of ch. 30, this chapter or ch. 26, 27, 28, 29, 30, 31 or 350 or a violation specified under s. 285.86. The district attorney shall be informed of the hearing and may attend.

SB55-ASA1-AA1, s. 1077b Section 1077b. 23.66 (2) of the statutes is amended to read:

SB55-ASA1-AA1,301,5 23.66 (2) The person receiving the deposit shall prepare a receipt in triplicate showing the purpose for which the deposit is made, stating that the defendant may inquire at the office of the clerk of court or municipal court regarding the disposition of the deposit, and notifying the defendant that if he or she fails to appear in court at the time fixed in the citation he or she will be deemed to have tendered a plea of no contest and submitted to a forfeiture, a penalty assessment, a jail assessment, a crime laboratories and drug law enforcement assessment, any applicable weapons assessment, any applicable environmental assessment, any applicable wild animal protection assessment, any applicable natural resources assessment, any applicable fishing shelter removal assessment, any applicable snowmobile registration restitution payment and any applicable natural resources restitution payment plus costs, including any applicable fees prescribed in ch. 814, not to exceed the amount of the deposit which the court may accept. The original of the receipt shall be delivered to the defendant in person or by mail. If the defendant pays by check, share draft or other draft, the check, share draft or other draft or a microfilm copy of the check, share draft or other draft shall be considered a receipt. If the defendant makes the deposit by use of a credit card, the credit charge receipt shall be considered a receipt.

SB55-ASA1-AA1, s. 1078b Section 1078b. 23.66 (4) of the statutes is amended to read:

SB55-ASA1-AA1,301,17 23.66 (4) The basic amount of the deposit shall be determined in accordance with a deposit schedule that the judicial conference shall establish. Annually, the judicial conference shall review and may revise the schedule. In addition to the basic amount determined according to the schedule, the deposit shall include court costs, including any applicable fees prescribed in ch. 814, any applicable penalty assessment, any applicable jail assessment, any applicable crime laboratories and drug law enforcement assessment, any applicable weapons assessment, any applicable environmental assessment, any applicable wild animal protection assessment, any applicable natural resources assessment, any applicable fishing shelter removal assessment, any applicable snowmobile registration restitution payment and any applicable natural resources restitution payment.

SB55-ASA1-AA1, s. 1079b Section 1079b. 23.67 (2) of the statutes is amended to read:

SB55-ASA1-AA1,302,3 23.67 (2) The deposit and stipulation of no contest may be made at any time prior to the court appearance date. By signing the stipulation, the defendant is deemed to have tendered a plea of no contest and submitted to a forfeiture, a penalty assessment, a jail assessment, a crime laboratories and drug law enforcement assessment, any applicable weapons assessment, any applicable environmental assessment, any applicable wild animal protection assessment, any applicable natural resources assessment, any applicable fishing shelter removal assessment, any applicable snowmobile registration restitution payment and any applicable natural resources restitution payment plus costs, including any applicable fees prescribed in ch. 814, not to exceed the amount of the deposit.

SB55-ASA1-AA1, s. 1080b Section 1080b. 23.67 (3) of the statutes is amended to read:

SB55-ASA1-AA1,302,17 23.67 (3) The person receiving the deposit and stipulation of no contest shall prepare a receipt in triplicate showing the purpose for which the deposit is made, stating that the defendant may inquire at the office of the clerk of court or municipal court regarding the disposition of the deposit, and notifying the defendant that if the stipulation of no contest is accepted by the court the defendant will be deemed to have submitted to a forfeiture, a penalty assessment, a jail assessment, a crime laboratories and drug law enforcement assessment, any applicable weapons assessment, any applicable environmental assessment, any applicable wild animal protection assessment, any applicable natural resources assessment, any applicable fishing shelter removal assessment, any applicable snowmobile registration restitution payment and any applicable natural resources restitution payment plus costs, including any applicable fees prescribed in ch. 814, not to exceed the amount of the deposit. Delivery of the receipt shall be made in the same manner as in s. 23.66.

SB55-ASA1-AA1, s. 1081b Section 1081b. 23.75 (3) (a) 2. of the statutes is amended to read:

SB55-ASA1-AA1,303,4 23.75 (3) (a) 2. If the court considers the nonappearance to be a plea of no contest and enters judgment accordingly, the court shall promptly mail a copy or notice of the judgment to the defendant. The judgment shall allow the defendant not less than 20 working days from the date the judgment copy or notice is mailed to pay the forfeiture, penalty assessment, jail assessment and crime laboratories and drug law enforcement assessment, any applicable weapons assessment, any applicable environmental assessment, any applicable wild animal protection assessment, any applicable natural resources assessment, any applicable fishing shelter removal assessment, any applicable snowmobile registration restitution payment and any applicable natural resources restitution payment plus costs, including any applicable fees prescribed in ch. 814.

SB55-ASA1-AA1, s. 1082b Section 1082b. 23.75 (3) (b) of the statutes is amended to read:

SB55-ASA1-AA1,304,2 23.75 (3) (b) If the defendant has made a deposit, the citation may serve as the initial pleading and the defendant shall be deemed to have tendered a plea of no contest and submitted to a forfeiture, a penalty assessment, a jail assessment, a crime laboratories and drug law enforcement assessment, any applicable weapons assessment, any applicable environmental assessment, any applicable wild animal protection assessment, any applicable natural resources assessment, any applicable fishing shelter removal assessment, any applicable snowmobile registration restitution payment and any applicable natural resources restitution payment plus any applicable fees prescribed in ch. 814, not exceeding the amount of the deposit. The court may either accept the plea of no contest and enter judgment accordingly, or reject the plea and issue a summons. If the defendant fails to appear in response to the summons, the court shall issue an arrest warrant. If the court accepts the plea of no contest, the defendant may move within 90 days after the date set for appearance to withdraw the plea of no contest, open the judgment and enter a plea of not guilty if the defendant shows to the satisfaction of the court that failure to appear was due to mistake, inadvertence, surprise or excusable neglect. If a party is relieved from the plea of no contest, the court or judge may order a written complaint to be filed and set the matter for trial. After trial the costs and fees shall be taxed as provided by law. If on reopening the defendant is found not guilty, the court shall delete the record of conviction and shall order the defendant's deposit returned.