SB123: Bill Text

SB123, s. 3 Section 3. 23.22 (5m) of the statutes is created to read:

SB123,5,20 23.22 (5m) Compliance investigation. (a) For the purpose of administering and enforcing this section, a warden or a representative of the department, upon presentation of his or her identification, may do any of the following:

SB123,5,23 1. Enter at any reasonable time any premises, building, or structure, other than a dwelling, that is publicly owned or operated or where a commercial enterprise is conducted, and where any of the following occur:

SB123,5,24 a. An invasive species is stored, processed, or held.

SB123,5,25 b. Records or reports relating to invasive species are kept.

SB123,6,2 c. Vehicles, boats, equipment, or materials used to transport or hold invasive species are located.

SB123,6,3 d. Activities related to invasive species are conducted.

SB123,6,4 2. Inspect invasive species stored or possessed by any person.

SB123,6,5 3. Inspect records or reports relating to invasive species.

SB123,6,6 4. Take reasonable diagnostic samples for biological examination.

SB123,6,9 5. Seize and destroy any invasive species possessed or transported in violation of this section or s. 23.235, 23.24, or 30.07 or any rule promulgated or permit or order issued under this section or s. 23.235, 23.24, or 30.07.

SB123,6,11 6. Enter any vehicle, boat, or equipment used to transport or hold invasive species.

SB123,6,12 (b) No person may do any of the following:

SB123,6,14 1. Prohibit the department from gaining access to, or conducting an inspection of, any place the department is authorized to inspect under this subsection.

SB123,6,16 2. Fail to promptly provide records to the department that the person is required to produce under this subsection.

SB123, s. 4 Section 4. 23.22 (6) (b) of the statutes is amended to read:

SB123,6,21 23.22 (6) (b) The department shall submit the biennial report under par. (a) before July October 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 June 30 that immediately precedes the date of the report.

SB123, s. 5 Section 5. 23.22 (6) (c) of the statutes is amended to read:

SB123,7,5 23.22 (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 October 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 June 30 that immediately precedes the date of the interim performance report.

SB123, s. 6 Section 6. 23.225 of the statutes is repealed.

SB123, s. 7 Section 7. 23.2355 of the statutes is created to read:

SB123,7,16 23.2355 Weed management grants. The department, in consultation with the department of agriculture, trade and consumer protection, shall promulgate rules that authorize the department, in consultation with the department of agriculture, trade and consumer protection, to provide funds received from the federal government under 7 USC 7782 to eligible recipients for the control or eradication of noxious weeds. The rules shall authorize the department and the department of agriculture, trade and consumer protection to use the funds received from the federal government to provide technical assistance and to make grants to eligible recipients to control or eradicate noxious weeds.

SB123, s. 8 Section 8. 23.245 of the statutes is repealed.

SB123, s. 9 Section 9. 30.07 of the statutes is created to read:

SB123,7,20 30.07 Transportation of aquatic plants and animals; placement of objects in navigable waters. (1) In this section:

SB123,7,22 (a) "Aquatic animal" means any animal that lives or grows only in water during any life state and includes that animal's eggs, larvae, or young.

SB123,7,24 (b) "Aquatic plant" means a submergent, emergent, floating-leaf, or free- floating plant or any part thereof. "Aquatic plant" does not mean wild rice.

SB123,8,2 (c) "Highway" has the meaning given in s. 340.01 (22), except that it does not include public boat access sites or parking areas for public boat access sites.

SB123,8,3 (d) "Law enforcement officer" has the meaning given in s. 30.50 (4s).

SB123,8,6 (e) "Local governmental unit" means a city, village, town, or county; a special purpose district in this state; an agency or corporation of a city, village, town, county, or special purpose district; or a combination or subunit of any of the foregoing.

SB123,8,9 (f) "Public boat access site" means a site that provides access to a navigable water for boats and that is open to the general public for free or for a charge or that is open only to certain groups of persons for a charge.

SB123,8,10 (g) "Vehicle" has the meaning given in s. 340.01 (74).

SB123,8,17 (2) (a) No person may place or operate a vehicle, seaplane, watercraft, or other object of any kind in a navigable water if it has any aquatic plants or aquatic animals attached. This paragraph does not require a person to remove aquatic plants or aquatic animals from a vehicle, seaplane, watercraft, or other object during the period of time when the vehicle, seaplane, watercraft, or other object is being operated in the same navigable body of water in which the aquatic plants or aquatic animals became attached.

SB123,8,20 (b) No person may take off with a seaplane, or transport or operate a vehicle, watercraft, or other object of any kind on a highway with aquatic plants or aquatic animals attached.

SB123,8,22 (3) A law enforcement officer who has reason to believe that a person is in violation of sub. (2) may order the person to do any of the following:

SB123,8,24 (a) Remove aquatic plants or aquatic animals from a vehicle, seaplane, watercraft, or other object of any kind before placing it in a navigable water.

SB123,9,2 (b) Remove aquatic plants or aquatic animals from a seaplane before taking off with the seaplane.

SB123,9,4 (c) Remove from, or not place in, a navigable water, a vehicle, seaplane, watercraft, or other object of any kind.

SB123,9,6 (d) Not take off with a seaplane, or transport or operate a vehicle, watercraft, or other object of any kind on a highway.

SB123,9,7 (4) Subsection (2) does not apply to any of the following:

SB123,9,10 (a) A person who transports aquatic plants or aquatic animals in a manner authorized by an approval issued by the department or by a rule promulgated by the department.

SB123,9,12 (b) A person who transports or operates commercial aquatic plant harvesting equipment if all of the following apply:

SB123,9,13 1. The equipment is owned or operated by a local governmental unit.

SB123,9,15 2. The person transports or operates the equipment for the purpose of cleaning the equipment to remove aquatic plants or aquatic animals.

SB123,9,17 3. The person transports the equipment to, or operates the equipment at, a suitable location away from any body of water.

SB123,9,21 (c) A person who transports aquatic plants for the purpose of constructing a waterfowl hunting blind or an observation blind, if the aquatic plants are emergent, cut above the waterline, and contain no invasive species as defined under s. 23.22 (1) (c).

SB123,9,23 (d) A person who transports duckweed that is incidentally attached to a vehicle, seaplane, watercraft, or other object of any kind.

SB123, s. 10 Section 10. 30.124 (1) (a) of the statutes is amended to read:

SB123,10,3 30.124 (1) (a) Cut aquatic plants, as defined in s. 30.715 30.07 (1) (a) (b), without removing them from the water, for the purpose of improving waterfowl nesting, brood, and migration habitat.

SB123, s. 11 Section 11. 30.1255 (3) (b) of the statutes is amended to read:

SB123,10,9 30.1255 (3) (b) The department shall submit the first report required under par. (a) before July 1, 1994, and shall submit subsequent reports before July October 1 of each even-numbered year thereafter. Beginning with the report due before July 1, 2004, the department shall submit each report required under par. (a) as part of the corresponding biennial report under s. 23.22 (6).

SB123, s. 12 Section 12. 30.715 (title) and (1) to (4) of the statutes are repealed.

SB123, s. 13 Section 13. 30.715 (5) of the statutes is renumbered 30.07 (5).

SB123, s. 14 Section 14. 30.715 (6) of the statutes is renumbered 30.07 (6) and amended to read:

SB123,10,15 30.07 (6) No person may refuse to obey the order of a law enforcement officer who is acting under sub. (4) (3).

SB123, s. 15 Section 15. 30.80 (5m) of the statutes is created to read:

SB123,10,19 30.80 (5m) Any person violating any provision of s. 30.07 (2) or (6) shall forfeit not more than $500 for the first offense and shall forfeit not more than $2,000 upon conviction of the same offense a 2nd or subsequent time within 3 years.

SB123, s. 16 Section 16. 66.0407 (1) (b) of the statutes is amended to read:

SB123,10,25 66.0407 (1) (b) "Noxious weed" means Canada thistle, leafy spurge and, field bindweed (creeping Jenny), any weed designated as a noxious weed by the department of natural resources by rule, and any other weed the governing body of any municipality or the county board of any county by ordinance or resolution declares to be noxious within its respective boundaries.

SB123, s. 17 Section 17. 287.07 (7) (cm) of the statutes is created to read:

SB123,11,4 287.07 (7) (cm) The prohibition in sub. (2) does not apply to the disposal of plants that are classified by the department as invasive species under s. 23.22 (2) or their seeds, if the plants or seeds are not commingled with other yard waste.

SB123, s. 18 Section 18. 345.11 (1j) of the statutes is created to read:

SB123,11,9 345.11 (1j) The uniform traffic citation or the citation form under s. 23.54 may be used for violations of s. 30.07. When the uniform traffic citation is used, the report of conviction shall be forwarded to the department of natural resources. When the citation form under s. 23.54 is used, the procedure in ss. 23.50 to 23.85 applies.

SB123,11,10 (End)