Amendment AA1-ASA1-SB55

SB55-ASA1-AA1,336,7 645. Page 490, line 5: after that line insert:

SB55-ASA1-AA1,336,8 " Section 1199g. 29.601 (3) (b) of the statutes is amended to read:

SB55-ASA1-AA1,336,16 29.601 (3) (b) Paragraph (a) does not apply to authorized drainage and sewage from municipalities and industrial or other wastes discharged from mines or commercial or industrial or ore processing plants or operations, through treatment and disposal facilities installed and operated in accordance with plans submitted to and approved by the department of environmental management under chs. 281, 285 or 289 to 299, except s. 281.48, or in compliance with orders of the department of environmental management. Any order is subject to modification by subsequent orders.

SB55-ASA1-AA1, s. 1199m Section 1199m. 29.601 (4) of the statutes is amended to read:

SB55-ASA1-AA1,336,24 29.601 (4) Use of pesticides. The department of natural resources fish, wildlife, parks, and forestry, after public hearing, may promulgate rules governing the use of any pesticide which it finds is a serious hazard to wild animals other than those it is intended to control, and the making of reports about the pesticide. In promulgating the rules, the department to the extent relevant shall consider the need for pesticides to protect the well-being of the general public. "Pesticide" has the meaning given in s. 94.67.

SB55-ASA1-AA1, s. 1199r Section 1199r. 29.601 (5) (b) 2. of the statutes is amended to read:

SB55-ASA1-AA1,337,6 29.601 (5) (b) 2. This section does not apply to toxicants placed in the waters of a preexisting fish rearing facility that is an artificial body of water if the toxicants are necessary to the operation of the fish farm and the department of environmental management has issued a permit under s. 283.31 for the preexisting fish rearing facility.".

SB55-ASA1-AA1,337,7 646. Page 490, line 5: after that line insert:

SB55-ASA1-AA1,337,8 " Section 1197hm. 29.591 (3) of the statutes is amended to read:

SB55-ASA1-AA1,337,19 29.591 (3) Instruction fee. The department shall establish by rule the may not charge a fee for the course of instruction under the hunter education program and the bow hunter education program. The instructor shall collect this instruction fee from each person who receives instruction under the hunter education program and the bow hunter education program and remit the fee to the department. The department may determine the portion of this fee, which may not exceed 50%, that the instructor may retain to defray expenses incurred by the instructor in conducting the course. The instructor shall remit the remainder of the fee or, if nothing is retained, the entire fee to the department may reimburse instructors for allowable costs, as determined by the department, up to $5 for each person who receives instruction from that instructor.".

SB55-ASA1-AA1,337,20 647. Page 490, line 10: after that line insert:

SB55-ASA1-AA1,337,22 " Section 1200b. 29.604 (2) (am) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

SB55-ASA1-AA1,338,2 29.604 (2) (am) "State agency" means a board, commission, committee, department or office in the state government or the Fox River Navigational System Authority. "State agency" does not include the department of natural resources fish, wildlife, parks, and forestry or the office of the governor.

SB55-ASA1-AA1, s. 1200g Section 1200g. 29.604 (6r) (c) of the statutes is amended to read:

SB55-ASA1-AA1,338,12 29.604 (6r) (c) The department shall notify the state agency if the department determines that there is reasonable cause for the department to determine that an activity by the state agency is not being carried out in compliance with this subsection or with any environmental protection requirements developed through interagency consultation procedures. If the secretary of natural resources fish, wildlife, parks, and forestry and the head, as defined in s. 15.01 (8), of the state agency are unable to agree upon methods or time schedules to be used to correct the alleged noncompliance, the department may bring any action or initiate any other proceedings to enforce compliance with this subsection.

SB55-ASA1-AA1, s. 1201m Section 1201m. 29.705 (4) (b) of the statutes is amended to read:

SB55-ASA1-AA1,338,20 29.705 (4) (b) Paragraph (a) does not authorize the department of natural resources fish, wildlife, parks, and forestry to remove fish or fish eggs from a self-contained fish rearing facility or from a preexisting fish rearing facility that is an artificial body of water unless the department of agriculture, trade and consumer protection has requested that the department of natural resources fish, wildlife, parks, and forestry remove the fish or fish eggs to address a problem affecting fish health.".

SB55-ASA1-AA1,338,21 648. Page 490, line 17: after that line insert:

SB55-ASA1-AA1,338,23 " Section 1225m. 29.89 (1) (intro.) and (a) of the statutes are consolidated, renumbered 29.89 (1) and amended to read:

SB55-ASA1-AA1,339,4 29.89 (1) Definitions. In this section:, (a) "Charitable "charitable organization" means a nonprofit corporation, charitable trust or other nonprofit association that is described in section 501 (c) (3) of the Internal Revenue Code and that is exempt from taxation under section 501 (a) of the Internal Revenue Code.

SB55-ASA1-AA1, s. 1225r Section 1225r. 29.89 (1) (b) of the statutes is repealed.".

SB55-ASA1-AA1,339,6 649. Page 490, line 24: after that line insert:

SB55-ASA1-AA1,339,7 " Section 1228b. 29.89 (3) (c) of the statutes is repealed.".

SB55-ASA1-AA1,339,8 650. Page 491, line 19: after that line insert:

SB55-ASA1-AA1,339,9 " Section 1235b. 29.921 (7) of the statutes is amended to read:

SB55-ASA1-AA1,339,13 29.921 (7) Dogs injuring wildlife. A conservation warden may kill a dog found running, injuring, causing injury to, or killing, any deer, other than farm-raised deer, or destroying game birds, their eggs or nests, if immediate action is necessary to protect the deer or game birds, their nests or eggs, from injury or death.

SB55-ASA1-AA1, s. 1235m Section 1235m. 29.924 (2) of the statutes is amended to read:

SB55-ASA1-AA1,339,24 29.924 (2) Driving without headlights. In the performance of their law enforcement duties, conservation wardens may operate motor vehicles owned or leased by the department upon a highway, other than an interstate, a state trunk highway or any highway within the limits of any incorporated area, during hours of darkness without lighted headlamps, tail lamps or clearance lamps, contrary to s. 347.06, if the driving will aid in the accomplishment of a lawful arrest for violation of this chapter or in ascertaining whether a violation of this chapter has been or is about to be committed. Any civil action or proceeding brought against any conservation warden operating a motor vehicle under this subsection is subject to ss. 893.82 and 895.46.

SB55-ASA1-AA1, s. 1236g Section 1236g. 29.931 (2) (a) of the statutes is amended to read:

SB55-ASA1-AA1,340,13 29.931 (2) (a) The department and its conservation wardens shall seize and hold, subject to the order of the court for the county in which the alleged offense was committed, any vehicle, boat or object declared by this chapter to be a public nuisance, or which they have probable cause to believe is being used in violation of this chapter or s. 167.31, 287.81, 940.24, 941.20, 948.60, 948.605 or 948.61 or is being used in the commission of a crime relating to a submerged cultural resource in violation of s. 44.47. If it is proven that the vehicle, boat or object is a public nuisance or that within 6 months previous to the seizure the vehicle, boat or object was used in violation of this chapter or s. 167.31, 287.81, 940.24, 941.20, 948.60, 948.605 or 948.61 or was used in the commission of a crime relating to a submerged cultural resource in violation of s. 44.47, it shall be confiscated if the court directs in its order for judgment.

SB55-ASA1-AA1, s. 1237g Section 1237g. 29.944 of the statutes is amended to read:

SB55-ASA1-AA1,340,20 29.944 Exemption from liability. Members of the natural resources fish, wildlife, parks, and forestry board, and each conservation warden, in the performance of official duties, are exempt from liability to any person for acts done or permitted or property destroyed by authority of law. No taxable costs or attorney fees shall be allowed to either party in an action against a member of the natural resources fish, wildlife, parks, and forestry board or a conservation warden.

SB55-ASA1-AA1, s. 1237m Section 1237m. 29.951 of the statutes is amended to read:

SB55-ASA1-AA1,340,24 29.951 Resisting a conservation warden. Any person who assaults or otherwise resists or obstructs any conservation warden in the performance of duty shall be subject to the penalty specified in s. 939.51 (3) (a).

SB55-ASA1-AA1, s. 1237r Section 1237r. 29.954 of the statutes is amended to read:

SB55-ASA1-AA1,341,4 29.954 False impersonation of conservation warden. Any person who falsely represents himself or herself to be a conservation warden or who assumes to act as a conservation warden without having been first duly appointed shall be subject to the penalty specified in s. 939.51 (3) (a).".

SB55-ASA1-AA1,341,5 651. Page 492, line 2: after that line insert:

SB55-ASA1-AA1,341,7 " Section 1240g. 30.10 (4) (d) of the statutes is renumbered 30.10 (4) (d) 2. and amended to read:

SB55-ASA1-AA1,341,13 30.10 (4) (d) 2. A drainage district drain located in the Duck Creek Drainage District and operated by the board for that district or any other drainage district drain that is used primarily for agricultural purposes 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 drainage district drain.

SB55-ASA1-AA1, s. 1240r Section 1240r. 30.10 (4) (d) 1. of the statutes is created to read:

SB55-ASA1-AA1,341,16 30.10 (4) (d) 1. In this paragraph, "agricultural purposes" has the meaning given in s. 29.181 (1b) (a).".

SB55-ASA1-AA1,341,17 652. Page 492, line 2: after that line insert:

SB55-ASA1-AA1,341,18 " Section 1245g. 29.987 (2) of the statutes is amended to read:

SB55-ASA1-AA1,341,21 29.987 (2) Use of natural resources assessment funds. All moneys collected from natural resources assessments shall be credited to the appropriation under s. 20.370 (3) (mu) (1) (pu).

SB55-ASA1-AA1, s. 1245r Section 1245r. 29.989 (2) of the statutes is amended to read:

SB55-ASA1-AA1,342,3 29.989 (2) Use of natural resources restitution payment funds. All moneys collected from natural resources restitution payments shall be appropriated for use under s. 20.370 (3) (mu) (1) (pu).

SB55-ASA1-AA1, s. 1246c Section 1246c. 30.01 (title) of the statutes is amended to read:

SB55-ASA1-AA1,342,5 30.01 (title) Definitions for chapter.

SB55-ASA1-AA1, s. 1246f Section 1246f. 30.01 (1j) of the statutes is repealed.

SB55-ASA1-AA1, s. 1246h Section 1246h. 30.01 (6) of the statutes is repealed.

SB55-ASA1-AA1, s. 1246j Section 1246j. 30.015 of the statutes is created to read:

SB55-ASA1-AA1,342,9 30.015 Definitions for subchapters I to III. (1) In subchs. I to III:

SB55-ASA1-AA1,342,10 (a) "Department" means the department of environmental management.

SB55-ASA1-AA1,342,11 (b) "Secretary" means the secretary of environmental management.

SB55-ASA1-AA1, s. 1246m Section 1246m. 30.02 (1) of the statutes is amended to read:

SB55-ASA1-AA1,342,15 30.02 (1) In any proceeding under this chapter where subchs. I to III in which public notice is required, the department shall follow the procedures in subs. (3) and (4).

SB55-ASA1-AA1, s. 1246p Section 1246p. 30.02 (2) of the statutes is amended to read:

SB55-ASA1-AA1,342,20 30.02 (2) In any proceeding under this chapter where subchs. I to III in which public notice is not required, the department shall follow the procedures in subs. (3) and (4) if it determines that substantial interests of any party may be adversely affected by the proceeding.

SB55-ASA1-AA1, s. 1246r Section 1246r. 30.03 (2) of the statutes is amended to read:

SB55-ASA1-AA1,343,3 30.03 (2) The district attorney of the appropriate county or, at the request of the department of environmental management, the attorney general shall institute proceedings to recover any forfeiture imposed or to abate any nuisance committed under this chapter subchs. I to III or ch. 31. The district attorney or, at the request of the department of fish, wildlife, parks, and forestry, the attorney general shall institute proceedings to recover any forfeiture imposed or to abate any nuisance committed under subchs. IV or V.".

SB55-ASA1-AA1,343,4 653. Page 492, line 2: after that line insert:

SB55-ASA1-AA1,343,5 " Section 1245g. 30.015 of the statutes is created to read:

SB55-ASA1-AA1,343,20 30.015 Time limits for issuing permit determinations. In issuing permits under this chapter, the department shall initially determine whether a complete application for the permit has been submitted and, no later than 30 days after the application is submitted, notify the applicant in writing about the initial determination of completeness. If the department determines that the application is incomplete, the notice shall state the reason for the determination and the specific items of information necessary to make the application complete. An applicant may supplement and resubmit an application that the department has determined to be incomplete. There is no limit on the number of times that an applicant may resubmit an application that the department has determined to be incomplete under this section. The department may not demand items of information that are not specified in the notice as a condition for determining whether the application is complete unless both the department and the applicant agree or unless the applicant makes material additions or alterations to the project for which the application has been submitted.

SB55-ASA1-AA1, s. 1245p Section 1245p. 30.02 (3) of the statutes is amended to read:

SB55-ASA1-AA1,344,10 30.02 (3) Upon receipt of a complete permit application or a request for a determination under s. 236.16 (3) (d), the department shall either schedule a public hearing to be held within 30 days after receipt of the application or request or provide notice stating that it will proceed on the application or request without a public hearing if, within 30 days after the publication of the notice, no substantive written objection to issuance of the permit is received or no request for a hearing concerning the determination under s. 236.16 (3) (d) is received. The notice shall be provided to the clerk of each municipality in which the project is located and to any other person required by law to receive notice. The department may provide notice to other persons as it deems appropriate. The department shall provide a copy of the notice to the applicant, who shall publish it as a class 1 notice under ch. 985 in a newspaper designated by the department that is likely to give notice in the area affected. The applicant shall file proof of publication with the department.

SB55-ASA1-AA1, s. 1245r Section 1245r. 30.02 (4) (a) of the statutes is amended to read:

SB55-ASA1-AA1,344,16 30.02 (4) (a) If a public hearing is ordered, the division of hearings and appeals shall mail a written notice at least 10 days before the hearing to each person given notice under sub. (3) and in the case of an application for a permit, to any person who submitted a substantive written objection to issuance of the permit. The public hearing shall be conducted within 30 days after the hearing is ordered.

SB55-ASA1-AA1, s. 1245s Section 1245s. 30.02 (4) (b) of the statutes is amended to read:

SB55-ASA1-AA1,344,21 30.02 (4) (b) The applicant shall publish a class 1 notice under ch. 985 of the public hearing in a newspaper designated by the department that is likely to give notice in the area affected. The applicant shall file proof of publication under this paragraph with the hearing examiner at or prior to the hearing.".

SB55-ASA1-AA1,344,22 654. Page 492, line 2: after that line insert:

SB55-ASA1-AA1,344,23 " Section 1245m. 30.025 (4) of the statutes is amended to read:

SB55-ASA1-AA1,345,4 30.025 (4) The permit may be issued upon stated conditions deemed necessary to assure compliance with the criteria designated under sub. (3). The For a large electric generating facility, as defined in s. 196.491 (1) (g), the department shall grant or deny the application within the time limit applicable under s. 196.491 (3) (a) 3. b.".

SB55-ASA1-AA1,345,5 655. Page 492, line 2: after that line insert:

SB55-ASA1-AA1,345,6 " Section 1247d. 30.12 (2m) of the statutes is created to read:

SB55-ASA1-AA1,345,13 30.12 (2m) Piers and boat shelters exempt from enforcement action. A pier or boat shelter that was in place on January 1, 2001, or that was seasonally placed in the same location in each of the years beginning with 1996 and ending with 2000, is exempt from any enforcement action by the department under this section that requires a riparian owner to repair, renovate, modify, or remove the pier or boat shelter, unless the riparian owner reconstructs or materially alters the pier or boat shelter after January 1, 2001.".

SB55-ASA1-AA1,345,14 656. Page 492, line 2: after that line insert:

SB55-ASA1-AA1,345,15 " Section 1240b. 30.01 (6c) of the statutes is created to read:

SB55-ASA1-AA1,345,20 30.01 (6c) "Supporting affidavit" means a sworn affidavit that specifies the underlying arguments in support of a substantive written objection and that attests that the person making the substantive written objection will appear, present testimony, and produce any relevant witnesses in support of the substantive written objection in a contested case hearing.

SB55-ASA1-AA1, s. 1240c Section 1240c. 30.02 (5) of the statutes is created to read:

SB55-ASA1-AA1,346,2 30.02 (5) If the department schedules or orders a hearing under this section on this issuance of a permit, the applicant for the permit may bring an action in circuit court, in lieu of the hearing, asking that the court order the department to issue the permit.".

SB55-ASA1-AA1,346,3 657. Page 494, line 8: after that line insert:

SB55-ASA1-AA1,346,4 " Section 1248c. 30.12 (4m) (title) of the statutes is amended to read:

SB55-ASA1-AA1,346,6 30.12 (4m) (title) Duck Creek Drainage District Certain drainage district structures and deposits.

SB55-ASA1-AA1, s. 1248g Section 1248g. 30.12 (4m) (intro.) of the statutes is renumbered 30.12 (4m) (a) (intro.) and amended to read:

SB55-ASA1-AA1,346,12 30.12 (4m) (a) (intro.) Subsection (1) does not apply to a qualifying structure or deposit that the drainage board for the Duck Creek Drainage District places in a drain that the board operates in the Duck Creek Drainage District if either of the following applies:

SB55-ASA1-AA1, s. 1248n Section 1248n. 30.12 (4m) (a) of the statutes is renumbered 30.12 (4m) (a) 1. and amended to read:

SB55-ASA1-AA1,346,17 30.12 (4m) (a) 1. The department of agriculture, trade and consumer protection, after consulting with the department of natural resources, specifically approves the qualifying structure or deposit.

SB55-ASA1-AA1, s. 1248r Section 1248r. 30.12 (4m) (b) of the statutes is renumbered 30.12 (4m) (a) 2. and amended to read:

SB55-ASA1-AA1,346,24 30.12 (4m) (a) 2. The qualifying 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.