AB150-ASA1-AA26-AA3,2,109 29.415 (2) (ag) "Agency action" means any action authorized, funded or
10implemented by an agency.
AB150-ASA1-AA26-AA3, s. 1631k 11Section 1631k. 29.415 (2) (bn) of the statutes is created to read:
AB150-ASA1-AA26-AA3,2,1312 29.415 (2) (bn) "Whole plant-animal community" means a group of species
13living together in a particular area, time and habitat.
AB150-ASA1-AA26-AA3, s. 1631ki 14Section 1631ki. 29.415 (4) (intro.) of the statutes is amended to read:
AB150-ASA1-AA26-AA3,2,1615 29.415 (4) Prohibition. (intro.) Except as provided in sub. (6r) or as permitted
16by departmental rule or permit:
AB150-ASA1-AA26-AA3, s. 1631L 17Section 1631L. 29.415 (6m) of the statutes is created to read:
AB150-ASA1-AA26-AA3,2,2118 29.415 (6m) Incidental take permits. (a) The department may issue a permit,
19under such terms and conditions as it may prescribe, authorizing a taking that
20otherwise is prohibited by this section if the taking is not for the purpose of, but will
21be only incidental to, the carrying out of a lawful activity.
AB150-ASA1-AA26-AA3,2,2422 (b) The department may not issue a permit under this subsection unless an
23applicant for the permit submits to the department a conservation plan and an
24implementing agreement. The conservation plan shall include all of the following:
AB150-ASA1-AA26-AA3,3,3
11. A description of the impact that will likely occur to endangered species or
2threatened species specified by the department's endangered and threatened species
3list.
AB150-ASA1-AA26-AA3,3,54 2. The steps that the applicant will take to minimize and mitigate the impact
5that the endangered species or the threatened species will suffer.
AB150-ASA1-AA26-AA3,3,76 3. A description of the funding that the applicant will have available to
7implement the steps specified under subd. 2.
AB150-ASA1-AA26-AA3,3,98 4. A description of the alternative actions to the taking that the applicant has
9considered and the reasons that these alternatives will not be utilized.
AB150-ASA1-AA26-AA3,3,1110 5. Any other measures that the department may determine to be necessary or
11appropriate.
AB150-ASA1-AA26-AA3,3,1312 (d) An application for a permit under this subsection may contain more than
13one applicant.
AB150-ASA1-AA26-AA3,3,1914 (f) Upon receipt of an application for a permit and the accompanying
15conservation plan and implementing agreement for a proposed taking, the
16department shall publicize the application by announcing the application receipt
17and by giving a brief description of the proposed taking. The publicity shall be
18distributed to the news media in the vicinity of the proposed taking. The department
19shall establish a procedure for receipt of public comment on the proposed taking.
AB150-ASA1-AA26-AA3,3,2320 (g) After having considered the public comment received on the proposed
21taking, the department shall issue the permit if the department finds, based on the
22permit application, the conservation plan and the implementation agreement, that
23the taking will meet all of the following requirements:
AB150-ASA1-AA26-AA3,3,2524 1. The taking will not be for the purpose of, but will be only incidental to, the
25carrying out a lawful activity.
AB150-ASA1-AA26-AA3,4,2
12. The applicant will, to the maximum extent practicable, minimize and
2mitigate the impact caused by the taking.
AB150-ASA1-AA26-AA3,4,43 3. The applicant will ensure that adequate funding for the conservation plan
4will be provided.
AB150-ASA1-AA26-AA3,4,75 4. The taking will not appreciably reduce the likelihood of the survival or
6recovery of the endangered species or threatened species, the whole plant-animal
7community of which it is a part or the habitat that is critical to its existence.
AB150-ASA1-AA26-AA3,4,88 5. Any measures required under par. (b) 5. will be met.
AB150-ASA1-AA26-AA3,4,119 (gm) The department may require that an applicant make additional
10assurances that the requirements under par. (g) 1. to 5. will be met before issuing a
11permit under par. (g).
AB150-ASA1-AA26-AA3,4,1512 (h) The department shall impose on the permit terms or conditions that the
13department finds necessary or appropriate to ensure that the requirements under
14par. (g) 1. to 5. will be met. These terms or conditions may include reporting and
15monitoring requirements.
AB150-ASA1-AA26-AA3,4,1716 (i) The department shall revoke a permit issued under this subsection if it finds
17that an applicant fails to comply with the terms and conditions of the permit.
AB150-ASA1-AA26-AA3,4,2118(j) A permit issued by the department is not required if a permit under 16 USC
191539
has been issued and the department determines that that the federal permit,
20along with its conservation plan and implementing agreement, comply with the
21requirements under this subsection.
AB150-ASA1-AA26-AA3,4,2222 (k) This subsection does not apply to interagency activities under sub. (6r).
AB150-ASA1-AA26-AA3, s. 1631Li 23Section 1631Li. 29.415 (6r) of the statutes is created to read:
AB150-ASA1-AA26-AA3,5,324 29.415 (6r) Consultation. (a) An agency shall notify the department at the
25earliest opportunity of the location, nature and extent of a proposed activity the

1agency may conduct, approve or fund that may affect an endangered or threatened
2species. The department may allow the taking, exportation, transportation or
3possession of an endangered or threatened species if all of the following apply:
AB150-ASA1-AA26-AA3,5,64 1. The activity is accomplished in accordance with interagency consultation
5procedures established by the department and the agency for the purpose of
6minimizing any adverse effect on the endangered or threatened species.
AB150-ASA1-AA26-AA3,5,117 2. The activity is not likely to jeopardize the continued existence and recovery
8of the endangered or threatened species, the whole plant-animal community of
9which it is a part or is not likely to result in the destruction or adverse modification
10of a habitat that is critical to the continued existence of the endangered species or
11the threatened species, as determined by the department under par. (b).
AB150-ASA1-AA26-AA3,5,1212 3. The benefit to public health, safety or welfare justifies the activity.
AB150-ASA1-AA26-AA3,5,1613 (b) For purposes of par. (a) 2., the department shall determined whether a habit
14is critical to the continued existence of an endangered or threatened species by
15considering the endangered species' or threatened species' global and state element
16ranking as defined by natural heritage inventory methodology.
AB150-ASA1-AA26-AA3,5,2417 (c) The department shall notify the agency if the department determines that
18there is reasonable cause for the department to determine that an activity is not
19being carried out in compliance with this subsection or with any environmental
20protection requirements developed through interagency consultation procedures. If
21the secretary of natural resources and the head, as defined in s. 15.01 (8), of the
22agency or the state officer are unable to agree upon methods or time schedules to be
23used to correct the alleged noncompliance, the department may bring any action or
24initiate any other proceedings to enforce compliance with this subsection.
AB150-ASA1-AA26-AA3,6,5
1(d) The department and the agency shall exchange information and cooperate
2in the planning and implementation of any activity relating to the taking,
3exportation, transportation or possession of any endangered species or threatened
4species in order to alleviate, to the extent practicable under the circumstances, any
5potential adverse effect on the endangered species or the threatened species.
AB150-ASA1-AA26-AA3,6,96 (e) Cooperation between the department and an agency under par. (d) may
7include conducting reasonable surveys upon the request of the department, unless
8the department determines that the requirements of public health, safety or welfare
9outweigh the need for the surveys.
AB150-ASA1-AA26-AA3,6,1210 (f) Except as may be required under s. 1.11, no public notice or hearing is
11required in connection with interagency consultation and cooperation under this
12subsection.".".
AB150-ASA1-AA26-AA3,6,13 135. Page 72, line 5: delete lines 5 to 8 and substitute:
AB150-ASA1-AA26-AA3,6,17 14"36.27 (1) (d) The board may not require students to pay that portion of any fee
15for the support of noninstructional student activities that is allocated to student
16organizations that engage in lobbying, as defined in s. 13.62 (10), or that employ an
17individual to lobby or attempt to lobby congress.".".
AB150-ASA1-AA26-AA3,6,18 186. Page 97, line 20: after that line insert:
AB150-ASA1-AA26-AA3,6,20 19"368m. Page 1110, line 6: delete the material beginning with "entitled" and
20ending with the comma on line 8.".
AB150-ASA1-AA26-AA3,6,21 217. Page 97, line 22: before the last period insert "; and after "(d)" insert "1.".
AB150-ASA1-AA26-AA3,6,22 228. Page 97, line 23: after that line insert:
AB150-ASA1-AA26-AA3,6,23 23"371m. Page 1110, line 15: after that line insert:
AB150-ASA1-AA26-AA3,7,3
1"(dm) No credit may be allowed under this subsection unless the claimant
2includes with the claimant's return a statement from the department of development
3verifying the amount of qualifying employment-related day care expenses.".
AB150-ASA1-AA26-AA3,7,54 371r. Page 1111, line 1: delete the material beginning with "entitled" and
5ending with the comma on line 3.".".
AB150-ASA1-AA26-AA3,7,6 69. Page 99, line 18: after that line insert:
AB150-ASA1-AA26-AA3,7,7 7"382m. Page 1116, line 20: after that line insert:
AB150-ASA1-AA26-AA3,7,8 8" Section 3394n. 71.10 (5) (a) 2. of the statutes is amended to read:
AB150-ASA1-AA26-AA3,7,179 71.10 (5) (a) 2. "Endangered resources program" means purchasing or
10improving land or habitats for any native Wisconsin endangered or threatened
11species as defined in s. 29.415 (2) (a) (am) or (b) or for any nongame species as defined
12in s. 29.01 (10), conducting wildlife and resource research and surveys and providing
13wildlife management services, providing for wildlife damage control or the payment
14of claims for damage associated with endangered or threatened species, repaying the
15general fund for amounts expended under s. 20.370 (1) (fb) in fiscal year 1983-84 and
16the payment of administrative expenses related to the administration of this
17subsection.".".
AB150-ASA1-AA26-AA3,7,18 1810. Page 102, line 19: before the last period insert "; and after "(d)" insert "1.".
AB150-ASA1-AA26-AA3,7,19 1911. Page 102, line 20: after that line insert:
AB150-ASA1-AA26-AA3,7,20 20"392m. Page 1133, line 23: after that line insert:
AB150-ASA1-AA26-AA3,7,23 21"(dm) No credit may be allowed under this subsection unless the claimant
22includes with the claimant's return a statement from the department of development
23verifying the amount of qualifying employment-related day care expenses.".".
AB150-ASA1-AA26-AA3,7,24 2412. Page 103, line 20: delete "and (ec)" and substitute ", (ec), (en) and (eo)".
AB150-ASA1-AA26-AA3,8,1
113. Page 104, line 2: after that line insert:
AB150-ASA1-AA26-AA3,8,2 2"(en) Development zones day care credit under s. 71.28 (1dd).
AB150-ASA1-AA26-AA3,8,43 (eo) Development zones environmental remediation credit under s. 71.28
4(1de).".
AB150-ASA1-AA26-AA3,8,5 514. Page 104, line 19: after that line insert:
AB150-ASA1-AA26-AA3,8,7 6"404m. Page 1145, line 14: delete the material beginning with "entitled" and
7ending with the comma on line 16.".
AB150-ASA1-AA26-AA3,8,8 815. Page 104, line 21: before the last period insert "; and after "(d)" insert "1.".
AB150-ASA1-AA26-AA3,8,9 916. Page 104, line 22: after that line insert:
AB150-ASA1-AA26-AA3,8,10 10"407m. Page 1145, line 23: after that line insert:
AB150-ASA1-AA26-AA3,8,13 11"(dm) No credit may be allowed under this subsection unless the claimant
12includes with the claimant's return a statement from the department of development
13verifying the amount of qualifying employment-related day care expenses.".
AB150-ASA1-AA26-AA3,8,1514 407r. Page 1146, line 9: delete the material beginning with "entitled" and
15ending with the comma on line 11."."..
AB150-ASA1-AA26-AA3,8,18 1617. Page 106, line 22: after "licensing" insert "or an examining board or
17affiliated credentialing board attached to the department of regulation and
18licensing".
AB150-ASA1-AA26-AA3,8,21 1918. Page 372, line 14: delete "The department may not" and substitute
20"Neither the department nor any examining board or affiliated credentialing board
21may".
AB150-ASA1-AA26-AA3,8,23 2219. Page 372, line 20: after "department" insert "or the interested examining
23board or affiliated credentialing board".
AB150-ASA1-AA26-AA3,9,1
120. Page 373, line 3: on lines 3, 4 and 8, restore the stricken material.
AB150-ASA1-AA26-AA3,9,2 221. Page 373, line 17: delete lines 17 to 21 and substitute:
AB150-ASA1-AA26-AA3,9,15 3"440.08 (4) (b) Failure to pay delinquent taxes. If the department or the
4interested examining board or affiliated credentialing board, as appropriate,
5determines under sub. (2r) that an applicant for renewal is liable for any delinquent
6taxes owed to this state, or if an applicant does not complete the information on the
7credential renewal application form that is required under sub. (2g) (b), the
8department, examining board or affiliated credentialing board shall deny the
9applicant's application for credential renewal by mailing to the holder of the
10credential a notice of denial that includes a statement of the facts that warrant the
11denial under this paragraph and a notice that the holder may, within 30 days after
12the date on which the notice of denial is mailed, file a written request with the
13department to have the denial reviewed at a hearing before the department, if the
14department issued the credential, or before the examining board or affiliated
15credentialing board that issued the credential.".".
AB150-ASA1-AA26-AA3,9,17 1622. Page 374, line 19: delete the material beginning with that line and ending
17with page 376, line 14.
AB150-ASA1-AA26-AA3,9,19 1823. Page 376, line 21: delete the material beginning with that line and ending
19with page 380, line 6.
AB150-ASA1-AA26-AA3,9,21 2024. Page 380, line 11: delete the material beginning with that line and ending
21with page 383, line 13.
AB150-ASA1-AA26-AA3,9,24 2225. Page 445, line 1: delete the material beginning with "no" and ending with
23"transportation" on line 2 and substitute: "the department of transportation may not
24expend more than $25,000,000 in the 1995-97 fiscal biennium".
AB150-ASA1-AA26-AA3,10,1
126. Page 445, line 3: on lines 3 and 4, delete "in the 1995-96 fiscal year".
AB150-ASA1-AA26-AA3,10,2 227. Page 451, line 24: after "of" insert "certain".
AB150-ASA1-AA26-AA3,10,3 328. Page 452, line 3: after that line insert:
AB150-ASA1-AA26-AA3,10,5 4"1m. "General purpose revenues" has the meaning given in section 20.001 (2)
5(a) of the statutes.".
AB150-ASA1-AA26-AA3,10,7 629. Page 452, line 7: after "agency" insert "funded in whole or in part from
7general purpose revenues".
AB150-ASA1-AA26-AA3,10,9 830. Page 452, line 9: after "positions" insert "funded from general purpose
9revenues".
AB150-ASA1-AA26-AA3,10,11 1031. Page 452, line 10: after "agency" insert "funded from general purpose
11revenues that are".
AB150-ASA1-AA26-AA3,10,13 1232. Page 452, line 13: after "positions" insert "funded in whole or in part from
13general purpose revenues".
AB150-ASA1-AA26-AA3,10,16 1433. Page 456, line 15: after "licensing" insert "or to an examining board or
15affiliated credentialing board attached to the department of regulation and
16licensing".
AB150-ASA1-AA26-AA3,10,17 1734. Page 457, line 10: after "(ec)" insert ", (en), (eo)".
AB150-ASA1-AA26-AA3,10,19 1835. Page 457, line 23: delete "first fall semester beginning after publication"
19and substitute "1996 spring semester".
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