Amendment ASA1-AB64

AB64-ASA1,578 Section 578 . 29.237 (5) of the statutes is amended to read:

AB64-ASA1,389,3 29.237 (5) The department shall deposit receipts from the sale of sturgeon spearing licenses under this subsection into the conservation fund and shall credit these receipts to the appropriation account under s. 20.370 (4) (1) (kw) for assessing and managing the lake sturgeon stock and fishery in the Lake Winnebago system, for improving and maintaining lake sturgeon habitat in the Lake Winnebago and upper Fox and Wolf rivers system, and for administering this section.

AB64-ASA1,578b Section 578b. 29.324 (1) (c) of the statutes is repealed.

AB64-ASA1,578e Section 578e. 29.324 (1) (d) of the statutes is repealed.

AB64-ASA1,578h Section 578h. 29.324 (2) (intro.) and (a) of the statutes are consolidated, renumbered 29.324 (2) and amended to read:

AB64-ASA1,389,11 29.324 (2) Except as provided in sub. (4), any Any member of a group deer hunting party may kill a deer for another member of the group deer hunting party if both of the following conditions exist: (a) At at the time and place of the kill, the person who kills the deer is in contact with the person for whom the deer is killed.

AB64-ASA1,578L Section 578L. 29.324 (2) (b) of the statutes is repealed.

AB64-ASA1,578p Section 578p. 29.324 (3) of the statutes is repealed.

AB64-ASA1,578r Section 578r. 29.324 (4) of the statutes is repealed.

AB64-ASA1,578u Section 578u. 29.347 (2) of the statutes is amended to read:

AB64-ASA1,390,3 29.347 (2) Deer or elk Elk carcass tags; deer and elk registration. Except as provided under ss. 29.324 (3) and 29.349 (2), any person who kills a deer shall immediately validate a deer carcass tag that is authorized for the type of deer killed. Any person who kills an elk shall immediately validate an elk carcass tag. Except as provided under sub. (2m) or s. 29.89 (6), no person may possess, control, store, transport, transfer, or dispose of a deer carcass unless a deer carcass tag has been validated in the manner required by the department. Except as provided under sub. (2m), no person may possess, control, store, transport, transfer, or dispose of an elk carcass unless an elk carcass tag has been validated in the manner required by the department. A person who kills a deer or an elk shall register the deer or elk in the manner required by the department. No person may possess, control, store, transport, transfer, or dispose of a deer or elk carcass unless in compliance with rules promulgated by the department under s. 29.063 (3).

AB64-ASA1,578v Section 578v. 29.347 (2m) (b) of the statutes is amended to read:

AB64-ASA1,390,8 29.347 (2m) (b) Subject to sub. (6), any person who retains a tag under par. (a) or who complies with s. 29.349 (2) (bm), if applicable, may give deer or elk meat to another person. The person who receives the a gift of deer or elk meat is not required to possess a tag.

AB64-ASA1,578y Section 578y. 29.349 (2) (b) (intro.) of the statutes is amended to read:

AB64-ASA1,390,12 29.349 (2) (b) (intro.) No person may take possession of the carcass of a bear or wild turkey killed in the manner specified in par. (a) and remove the carcass from the scene of the accident unless one of the following apply applies:

AB64-ASA1,578ym Section 578ym. 29.349 (4) of the statutes is renumbered 84.07 (7) and amended to read:

AB64-ASA1,390,17 84.07 (7) Deer killed by vehicles. The department shall establish a program contract with counties, municipalities, or private entities for the removal and disposal of deer killed by vehicles on state trunk highways.

AB64-ASA1,579 Section 579 . 29.506 (7m) (a) of the statutes is amended to read:

AB64-ASA1,390,23 29.506 (7m) (a) The department shall issue a taxidermy school permit to a person who applies for the permit; who, on August 15, 1991, holds a valid taxidermist permit issued under this section; and who, on August 15, 1991, operates a taxidermy school approved by the educational approval board under s. 38.50 38.51, 1989 stats.

AB64-ASA1,579e Section 579e. 29.559 (1) (c) of the statutes is amended to read:

AB64-ASA1,391,6 29.559 (1) (c) Any person, including the department, who issues a wild turkey hunting tag authorization under s. 29.164 (4) (b) or a sturgeon hook and line tag under s. 29.2285 (3) (b) shall collect, in addition to the statutory fee, an issuing fee for each authorization or tag that the person is issued. A person appointed under s. 29.024 (6) (a) 2., 3., or 4. may retain 15 cents for each issuing fee of each authorization or tag to compensate for services in issuing the authorization or tag.

AB64-ASA1,579m Section 579m. 29.563 (2) (f) of the statutes is amended to read:

AB64-ASA1,391,9 29.563 (2) (f) Resident tags authorizations. Each additional wild turkey hunting tag authorization issued to a resident under s. 29.164 (4) (b): $9.75.

AB64-ASA1,579s Section 579s. 29.563 (2) (g) of the statutes is amended to read:

AB64-ASA1,391,12 29.563 (2) (g) Nonresident tags authorizations. Each additional wild turkey hunting tag authorization issued to a nonresident under s. 29.164 (4) (b): $14.75.

AB64-ASA1,581g Section 581g. 29.563 (12) (a) 2. of the statutes is amended to read:

AB64-ASA1,391,16 29.563 (12) (a) 2. Archer, crossbow, sports, or conservation patron, except as provided in subd. 2m: $14.25 if deer carcass tags are included; $11.25 after open season and deer carcass tags are not included.

AB64-ASA1,581r Section 581r. 29.563 (14) (c) 6. of the statutes is amended to read:

AB64-ASA1,391,19 29.563 (14) (c) 6. Each wild turkey hunting tag authorization issued under s. 29.164 (4) (b) or sturgeon hook and line tag issued under s. 29.2285 (3) (b): 25 cents.

AB64-ASA1,582 Section 582 . 29.564 (2) of the statutes is amended to read:

AB64-ASA1,391,23 29.564 (2) All moneys collected under sub. (1), less the amount retained as authorized under sub. (1m), shall be deposited into the account under s. 20.370 (3) (is) (9) (ks).

AB64-ASA1,582g Section 582g. 29.888 (title) of the statutes is amended to read:

AB64-ASA1,391,25 29.888 (title) Wolf depredation program; wolf damage claims.

AB64-ASA1,582h Section 582h. 29.888 (5) of the statutes is created to read:

AB64-ASA1,392,4 29.888 (5) (a) From the sources described in par. (c), the department shall pay damage claims for damage caused by wolves during the period when the wolf is listed on the federal endangered list or on the state endangered list.

AB64-ASA1,392,7 (b) The department shall pay damage claims under par. (a) as soon as practicable after determining that the claim is eligible to be paid. The department may not make the payments under par. (a) on a prorated basis.

AB64-ASA1,392,17 (c) The department shall make the payments under par. (a) from available federal funds to the extent permitted by federal law. If the department determines that the amount available from federal funds is insufficient in a given fiscal year to make all of these payments, the department shall make the remainder of the payments from the appropriation accounts under s. 20.370 (1) (fb), (fe), and (fs). If the department determines that the amount available under s. 20.370 (1) (fb), (fe), and (fs) is insufficient in a given fiscal year to pay the claims under par. (a) that remain after federal funds are used, the department may request the joint committee on finance to take action under s. 13.101. The requirement of a finding of emergency under s. 13.101 (3) (a) 1. does not apply to such a request.

AB64-ASA1,582m Section 582m. 29.889 (4) (bn) of the statutes is amended to read:

AB64-ASA1,392,25 29.889 (4) (bn) Type of wildlife damage. In order to be eligible for wildlife damage abatement assistance, the type of wildlife damage to be abated shall be limited to damage to commercial seedings or crops growing on agricultural land, damage to crops that have been harvested for sale or further use but that have not been removed from the agricultural land, damage to orchard trees or nursery stock or, damage to apiaries or livestock , or damage to crops or grasses grown for use by a bird hunting preserve licensed under ch. 169.

AB64-ASA1,582p Section 582p. 29.889 (5) (bs) of the statutes is created to read:

AB64-ASA1,393,5 29.889 (5) (bs) Abatement authorized. Notwithstanding par. (bm), for damage caused by elk to crops or grasses grown for use by a bird hunting preserve licensed under ch. 169, a participating county may recommend fencing the affected property as a damage abatement measure.

AB64-ASA1,582r Section 582r. 29.89 (6) of the statutes is repealed.

AB64-ASA1,583 Section 583 . 29.984 (2) of the statutes is amended to read:

AB64-ASA1,393,10 29.984 (2) Use of commercial fish protection surcharge funds. All moneys collected from commercial fish protection surcharges shall be credited to the appropriation under s. 20.370 (4) (1) (kr).

AB64-ASA1,584 Section 584 . 29.9905 (2) of the statutes is amended to read:

AB64-ASA1,393,14 29.9905 (2) Use of Great Lakes resource surcharge funds. All moneys collected from Great Lakes resource surcharges shall be credited to the appropriation under s. 20.370 (4) (1) (kr).

AB64-ASA1,584g Section 584g. 30.01 (1c) of the statutes is renumbered 30.01 (1c) (a) and amended to read:

AB64-ASA1,393,21 30.01 (1c) (a) “Boat shelter" means a structure in navigable waters with a roof but no walls and, except as provided in par. (b), no sides, designed and constructed for the purpose of providing cover for a berth place for watercraft , which has a roof but does not have walls or sides. Such a structure may include a device for lifting a boat.

AB64-ASA1,584j Section 584j. 30.01 (1c) (b) of the statutes is created to read:

AB64-ASA1,393,25 30.01 (1c) (b) “Boat shelter” includes a structure under par. (a) that has temporary sides made of flexible material with a minimum openness factor of 5 percent if all of the following conditions are met:

AB64-ASA1,394,2 1. The sides are placed and maintained by the owner or easement holder of adjacent riparian land or his or her agent.

AB64-ASA1,394,6 2. The boat is registered under subch. V or exempt from registration requirements under s. 30.51 and either has a wooden hull or is designated as a boat with significant historic or cultural value, as determined by the state historical society or a local or county historical society established under s. 44.03.

AB64-ASA1,394,7 3. The sides are located entirely within the riparian owner's riparian zone.

AB64-ASA1,394,12 4. There are no more than 2 boat shelters for the first 100 feet of the riparian owner's shoreline footage and no more than one additional boat shelter for each additional 50 feet of the riparian owner's shoreline footage. For purposes of this subdivision, shoreline footage is measured along a straight line connecting points where property lines meet the ordinary high-water mark.

AB64-ASA1,394,13 5. The sides are placed no less than 36 inches above the water surface.

AB64-ASA1,394,15 6. The structure is no more than 24 feet in length, unless the boat that will be sheltered is longer than 24 feet from bow to stern.

AB64-ASA1,584m Section 584m. 30.01 (5r) of the statutes is created to read:

AB64-ASA1,394,20 30.01 (5r) “Riparian zone" means the area that extends from riparian land waterward to the line of navigation as determined by a method that establishes riparian zone lines between adjacent riparian owners in a manner that equitably apportions access to the line of navigation.

AB64-ASA1,584r Section 584r. 30.12 (1g) (jm) of the statutes is created to read:

AB64-ASA1,394,24 30.12 (1g) (jm) Riprap in an amount not to exceed 200 linear feet that is placed in a river or inland lake, or in an amount not to exceed 300 linear feet that is placed in a Great Lakes water body, and to which all of the following apply:

AB64-ASA1,395,2 1. The riprap is clean fieldstone or quarry stone with a diameter of no less than 6 inches and no greater than 48 inches.

AB64-ASA1,395,4 2. The toe of the riprap does not extend more than 8 feet waterward of the ordinary high-water mark.

AB64-ASA1,395,6 3. The final riprap slope is not steeper than one foot horizontal to 1.25 feet vertical.

AB64-ASA1,395,9 4. The riprap does not reach an elevation higher than 36 inches above the ordinary high-water mark or above the storm-wave height, as calculated using a method established by the department by rule, whichever is higher.

AB64-ASA1,395,12 5. No fill material or soil is placed in a wetland and, aside from riprap and, under subd. 7, gravel, no fill material or soil is placed below the ordinary high-water mark of any navigable waterway.

AB64-ASA1,395,13 6. The riprap follows the natural contour of the shoreline.

AB64-ASA1,395,14 7. Filter fabric or clean-washed gravel is used as a filter layer under the riprap.

AB64-ASA1,585 Section 585 . 30.52 (3m) (b) of the statutes is amended to read:

AB64-ASA1,395,18 30.52 (3m) (b) All moneys collected under par. (a), less the amount retained as authorized under par. (am), shall be deposited into the account under s. 20.370 (3) (is) (9) (ks).

AB64-ASA1,585g Section 585g. 32.015 of the statutes is created to read:

AB64-ASA1,395,23 32.015 Limitations. Property may not be acquired by condemnation to establish or extend a recreational trail; a bicycle way, as defined in s. 340.01 (5s); a bicycle lane, as defined in s. 340.01 (5e); or a pedestrian way, as defined in s. 346.02 (8) (a).

AB64-ASA1,585h Section 585h. 32.02 (1) of the statutes is amended to read:

AB64-ASA1,396,12 32.02 (1) Any county, town, village, city, including villages and cities incorporated under general or special acts, school district, the department of health services, the department of corrections, the board of regents of the University of Wisconsin System, the building commission, a commission created by contract under s. 66.0301, with the approval of the municipality in which condemnation is proposed, a commission created by contract under s. 66.0301 or 66.0303 that is acting under s. 66.0304, if the condemnation occurs within the boundaries of a member of the commission, or any public board or commission, for any lawful purpose, but in the case of city and village boards or commissions approval of that action is required to be granted by the governing body. A mosquito control commission, created under s. 59.70 (12), and a local professional football stadium district board, created under subch. IV of ch. 229, may not acquire property by condemnation.

AB64-ASA1,585i Section 585i. 32.02 (3) of the statutes is amended to read:

AB64-ASA1,396,18 32.02 (3) Any Subject to s. 32.03 (7), any railroad corporation, any grantee of a permit to construct a dam to develop hydroelectric energy for sale to the public, any Wisconsin plank or turnpike road corporation, any drainage corporation, any interstate bridge corporation, or any corporation formed under chapter 288, laws of 1899, for any public purpose authorized by its articles of incorporation.

AB64-ASA1,585k Section 585k. 32.03 (7) of the statutes is created to read:

AB64-ASA1,396,23 32.03 (7) A railroad corporation may not acquire by condemnation any property or property interest that exceeds a width of 100 feet unless law is enacted that includes the legislative findings that the acquisition serves the public interest and that authorizes the acquisition.

AB64-ASA1,585m Section 585m. 32.25 (4) of the statutes is created to read:

AB64-ASA1,397,8 32.25 (4) The department of administration may assess condemnors required to file relocation payment plans and relocation assistance service plans under sub. (1). The department of administration shall prescribe a methodology to determine the amount of the assessments such that the amount of an assessment reflects the approximate costs incurred by the department in connection with reviewing and approving the plans filed by the condemnor. Assessments under this subsection shall be paid to the department of administration and credited to the appropriation account under s. 20.505 (1) (kr).

AB64-ASA1,585n Section 585n. 32.28 (1) of the statutes is renumbered 32.28 (1) (intro.) and amended to read:

AB64-ASA1,397,11 32.28 (1) (intro.) In this section,“litigation:

AB64-ASA1,397,15 (b) “Litigation expenses" means the sum of the costs, disbursements and expenses, including reasonable attorney, appraisal and engineering fees necessary to prepare for or participate in actual or anticipated proceedings before the condemnation commissioners, board of assessment or any court under this chapter.

AB64-ASA1,585ng Section 585ng. 32.28 (1) (a) of the statutes is created to read:

AB64-ASA1,397,19 32.28 (1) (a) “Consumer price index” means the average of the consumer price index over each 12-month period, all items, U.S. city average, as determined by the bureau of labor statistics of the U.S. department of labor.

AB64-ASA1,585nm Section 585nm. 32.28 (3) (d) of the statutes is amended to read:

AB64-ASA1,397,24 32.28 (3) (d) The award of the condemnation commission under s. 32.05 (9) or 32.06 (8) exceeds the jurisdictional offer or the highest written offer prior to the jurisdictional offer by at least $700 the amount specified in sub. (4) and at least 15 percent and neither party appeals the award to the circuit court;

AB64-ASA1,585nr Section 585nr. 32.28 (3) (e) of the statutes is amended to read:

AB64-ASA1,398,3 32.28 (3) (e) The jury verdict as approved by the court under s. 32.05 (11) exceeds the jurisdictional offer or the highest written offer prior to the jurisdictional offer by at least $700 the amount specified in sub. (4) and at least 15 percent;

AB64-ASA1,585pg Section 585pg. 32.28 (3) (f) of the statutes is amended to read: