AB144: Bill Text

AB144, s. 1038 Section 1038. 23.097 (1) (a) of the statutes is created to read:

AB144,615,14 23.097 (1) (a) In this subsection, a "nonprofit organization" means an organization that is described in section 501 (c) (3) of the Internal Revenue Code and that is exempt from federal income tax under section 501 (a) of the Internal Revenue Code.

AB144, s. 1039 Section 1039. 23.175 (1) (b) of the statutes is amended to read:

AB144,615,20 23.175 (1) (b) "State agency" means any office, department, agency, institution of higher education, association, society or other body in state government created or authorized to be created by the constitution or any law which is entitled to expend moneys appropriated by law, including any authority created under ch. 231, 233 or, 234, or 237 but not including the legislature or the courts.

AB144, s. 1040 Section 1040. 23.235 (2) of the statutes is amended to read:

AB144,615,23 23.235 (2) Except as provided in sub. (3), no person may sell, offer for sale, distribute, plant, or cultivate any nuisance weed multiflora rose or seeds thereof.

AB144, s. 1041 Section 1041. 23.235 (4) of the statutes is repealed.

AB144, s. 1042 Section 1042. 23.24 of the statutes is created to read:

AB144,616,1 23.24 Aquatic plants. (1) Definitions. In this section:

AB144,616,2 (a) "Aquaculture" has the meaning given in s. 93.01 (1d).

AB144,616,4 (b) "Aquatic plant" means a planktonic, submergent, emergent, or floating-leaf plant or any part thereof.

AB144,616,5 (c) "Control" means to cut, remove, destroy, or suppress.

AB144,616,6 (d) "Cultivate" means to intentionally maintain the growth or existence of.

AB144,616,8 (e) "Distribute" means to sell, offer to sell, distribute for no consideration, or offer to distribute for no consideration.

AB144,616,9 (f) "Introduce" means to plant, cultivate, stock, or release.

AB144,616,11 (g) "Invasive aquatic plant" means an aquatic plant that is designated under sub. (2) (b) 1.

AB144,616,12 (h) "Manage" means to introduce or control.

AB144,616,13 (i) "Native" means indigenous to the waters of this state.

AB144,616,14 (j) "Nonnative" means not indigenous to the waters of this state.

AB144,616,16 (k) "Waters of this state" means any surface waters within the territorial limits of this state.

AB144,616,18 (2) Program established. (a) The department shall establish a program for the waters of this state to do all of the following:

AB144,616,19 1. Protect and develop diverse and stable communities of native aquatic plants.

AB144,616,20 2. Regulate how aquatic plants are managed.

AB144,616,21 3. Provide education and conduct research concerning invasive aquatic plants.

AB144,616,23 (b) Under the program implemented under par. (a), the department shall do all of the following:

AB144,617,5 1. 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.

AB144,617,7 2. Administer and establish by rule procedures and requirements for the issuing of aquatic plants management permits required under sub. (3).

AB144,617,9 (c) The requirements promulgated under par. (b) 2. may specify any of the following:

AB144,617,11 1. The quantity of aquatic plants that may be managed under an aquatic plant management permit.

AB144,617,13 2. The species of aquatic plants that may be managed under an aquatic plant management permit.

AB144,617,15 3. The areas in which aquatic plants may be managed under an aquatic plant management permit.

AB144,617,17 4. The methods that may be used to manage aquatic plants under an aquatic plant management permit.

AB144,617,19 5. The times during which aquatic plants may be managed under an aquatic plant management permit.

AB144,617,21 6. The allowable methods for disposing or using aquatic plants that are removed or controlled under an aquatic plant management permit.

AB144,617,23 7. The requirements for plans that the department may require under sub. (3) (b).

AB144,618,3 (3) Permits. (a) Unless a person has a valid aquatic plant management permit issued under the program established under sub. (2), no person may do any of the following:

AB144,618,4 1. Introduce nonnative aquatic plants into waters of this state.

AB144,618,5 2. Manually remove aquatic plants from navigable waters.

AB144,618,6 3. Control aquatic plants in waters of this state by the use of chemicals.

AB144,618,9 4. Control aquatic plants in navigable waters by introducing biological agents, by using a process that involves dewatering, desiccation, burning, or freezing, or by using mechanical means.

AB144,618,12 (b) The department may require that an application for an aquatic plant management permit contain a plan for the department's approval as to how the aquatic plants will be introduced, removed, or controlled.

AB144,618,16 (c) The department may establish fees for aquatic plant management permits. The department may establish a different fee for an aquatic plant management permit to manage aquatic plants that are located in a body of water that is entirely confined on the property of one property owner.

AB144,618,17 (4) Exemptions from permits. (a) In this subsection:

AB144,618,21 1. "Local governmental unit" means a political subdivision of this state, a special purpose district in this state, an instrumentality or corporation of the political subdivision or special purpose district, or a combination or subunit of any of the foregoing.

AB144,618,24 2. "State agency" means any office, department, independent agency, or attached board or commission within the executive branch of state government, or any special purpose authority created by statute.

AB144,618,25 (b) The permit requirement under sub. (3) does not apply to any of the following:

AB144,619,2 1. A person who manually removes aquatic plants from privately owned stream beds with the permission of the landowner.

AB144,619,4 2. A person who engages in an activity listed under sub. (3) (a) in the course of harvesting wild rice as authorized under s. 29.607.

AB144,619,6 3. A person who engages in an activity listed under sub. (3) (a) in the course of operating a fish farm as authorized under s. 95.60.

AB144,619,8 (c) The department may promulgate a rule to waive the permit requirement under sub. (3) (a) 2. for any of the following:

AB144,619,10 1. A person who owns property on which there is a body of water that is entirely confined on the property of that person.

AB144,619,13 2. A riparian owner who manually removes aquatic plants from a body of water that abuts the owner's property provided that the removal does not interfere with the rights of other riparian owners.

AB144,619,14 3. A person who is controlling purple loosestrife.

AB144,619,16 4. A person who uses chemicals in a body of water for the purpose of controlling bacteria on bathing beaches.

AB144,619,18 5. A person who uses chemicals on plants to prevent the plants from interfering with the use of water for drinking purposes.

AB144,619,20 6. A state agency or a local governmental unit that uses a chemical treatment in a body of water for the purpose of protecting the public health.

AB144,619,22 (5) Distribution prohibited. No person may distribute an invasive aquatic plant.

AB144,619,24 (6) Penalties. (a) Except as provided in par. (b), any person who violates sub. (3) shall forfeit not more than $200.

AB144,620,4 (b) A person who violates sub. (3) and who, within 5 years before the arrest of the current conviction, was previously convicted of a violation of sub. (3) shall forfeit not less than $700 nor more than $2,000 or shall be imprisoned for not less than 6 months nor more than 9 months or both.

AB144,620,8 (c) The court may order a person who is convicted under par. (b) to abate any nuisance caused by the violation, restore any natural resource damaged by the violation, or take other appropriate action to eliminate or minimize any environmental damage caused by the violation.

AB144,620,9 (d) A person who violates sub. (5) shall forfeit not more than $100.

AB144, s. 1043 Section 1043. 23.27 (3) (a) of the statutes, as affected by 1997 Wisconsin Act 27, section 769ad, is repealed and recreated to read:

AB144,621,2 23.27 (3) (a) Duties. The department, with the advice of the council, shall conduct a natural heritage inventory program. The department shall cooperate with the department of administration under s. 16.967 and consider any recommendations of the Wisconsin land council in conducting this program. This program shall establish a system for determining the existence and location of natural areas, the degree of endangerment of natural areas, an evaluation of the importance of natural areas, information related to the associated natural values of natural areas, and other information and data related to natural areas. This program shall establish a system for determining the existence and location of native plant and animal communities and endangered, threatened, and critical species, the degree of endangerment of these communities and species, the existence and location of habitat areas associated with these communities and species, and other information and data related to these communities and species. This program shall establish and coordinate standards for the collection, storage, and management of information and data related to the natural heritage inventory.

AB144, s. 1044 Section 1044. 23.32 (2) (d) of the statutes, as affected by 1997 Wisconsin Act 27, is repealed and recreated to read:

AB144,621,8 23.32 (2) (d) The department shall cooperate with the department of administration under s. 16.967 and consider any recommendations of the Wisconsin land council in conducting wetland mapping activities or any related land information collection activities.

AB144, s. 1045 Section 1045. 23.325 (1) (a) of the statutes, as affected by 1997 Wisconsin Act 27, is repealed and recreated to read:

AB144,621,15 23.325 (1) (a) Shall consult with the department of administration, the department of transportation, and the state cartographer, shall consider any recommendations of the Wisconsin land council, and may consult with other potential users of the photographic products resulting from the survey, to determine the scope and character of the survey.

AB144, s. 1046 Section 1046. 23.33 (1) (g) of the statutes is repealed.

AB144, s. 1047 Section 1047. 23.33 (1) (jn) of the statutes is created to read:

AB144,621,19 23.33 (1) (jn) "Registration documentation" means an all-terrain vehicle registration certificate, a validated registration receipt, or a registration decal.

AB144, s. 1048 Section 1048. 23.33 (1) (o) of the statutes is created to read:

AB144,621,23 23.33 (1) (o) "Validated registration receipt" means a receipt issued by the department or an agent under sub. (2) (ig) 1. a. that shows that an application and the required fees for a registration certificate has been submitted to the department.

AB144, s. 1049 Section 1049. 23.33 (2) (a) of the statutes is amended to read:

AB144,622,9 23.33 (2) (a) Requirement. No person may operate and no owner may give permission for the operation of an all-terrain vehicle within this state unless the all-terrain vehicle is registered for public use or for private use under this subsection or sub. (2g), is exempt from registration, or is operated with a reflectorized plate attached in the manner specified under par. (dm) 3. No person may operate and no owner may give permission for the operation of an all-terrain vehicle on a public all-terrain vehicle route or trail unless the all-terrain vehicle is registered for public use under this subsection or sub. (2g), is exempt from registration or is operated with a reflectorized plate attached in the manner specified under par. (dm) 3.

AB144, s. 1050 Section 1050. 23.33 (2) (d) of the statutes is amended to read:

AB144,622,14 23.33 (2) (d) Registration; private use; fee. An all-terrain vehicle used exclusively for agricultural purposes or used exclusively on private property may be registered for private use. The fee for the issuance or renewal of a registration certificate for private use is $6.

AB144, s. 1051 Section 1051. 23.33 (2) (dm) 4. of the statutes is created to read:

AB144,622,17 23.33 (2) (dm) 4. Paragraphs (i), (ig), and (ir) do not apply to commercial all-terrain vehicle certificates or reflectorized plates.

AB144, s. 1052 Section 1052. 23.33 (2) (h) (title) of the statutes is repealed.

AB144, s. 1053 Section 1053. 23.33 (2) (h) of the statutes is renumbered 23.33 (2) (p) 2. and amended to read:

AB144,622,22 23.33 (2) (p) 2. The department shall may establish by rule additional procedures and requirements for all-terrain vehicle registration.

AB144, s. 1054 Section 1054. 23.33 (2) (i) (intro.) of the statutes is amended to read:

AB144,623,2 23.33 (2) (i) Registration; appointment of agents issuers. (intro.) For the issuance of all-terrain vehicle registration certificates original or duplicate registration documentation and for the transfer or renewal of registration documentation, the department may do any of the following:

AB144, s. 1055 Section 1055. 23.33 (2) (i) 1. of the statutes is amended to read:

AB144,623,5 23.33 (2) (i) 1. Directly issue the certificates, transfer, or renew the registration documentation with or without using the expedited service specified in par. (ig) 1.

AB144, s. 1056 Section 1056. 23.33 (2) (i) 2. of the statutes is repealed.

AB144, s. 1057 Section 1057. 23.33 (2) (i) 3. of the statutes is amended to read:

AB144,623,11 23.33 (2) (i) 3. Appoint persons who are not employees of the department as agents of the department to issue the certificate as agents of the department, transfer, or renew the registration documentation using either or both of the expedited services specified in par. (ig) 1.

AB144, s. 1058 Section 1058. 23.33 (2) (ig) of the statutes is created to read: