Amendment ASA1-AB100

AB100-ASA1,532,14 2. Payment of the cost of any abatement funding or measures paid for by the department under this section.

AB100-ASA1,532,18 3. Payment of the costs to the department for reviewing and approving the wildlife damage claim or abatement measure or abatement funding and the costs to the department in investigating and determining whether a false statement or representation was made.

AB100-ASA1,532,21 (b) Fraud. No person may knowingly make or cause to be made any false statement or representation of material fact under the wildlife damage claim and abatement program.

AB100-ASA1,532,23 (c) Fraud; penalties. A court finding a person to be in violation of par. (b) may order any of the following:

AB100-ASA1,532,24 1. That the person make any of the payments under par. (a) 1. to 3.

AB100-ASA1,533,3 2. That the person pay a forfeiture equal to 2 times the total amount of wildlife damage claim payments received and the value of any wildlife abatement measures implemented, plus an amount not to exceed $1,000.

AB100-ASA1,533,6 3. The revocation of the person's privileges or approvals under s. 29.99 (12) if the person violating par. (b) owns, leases or controls land, or owns livestock or apiaries, to which the false statement or representation relates.

AB100-ASA1,533,9 4. That the person be prohibited from receiving any benefits under the wildlife damage claim and abatement program for a period of 10 years commencing after the day that the false statement or representation occurred.

AB100-ASA1,533,12 (d) Penalties; fraud; damage estimators. The department shall revoke the certification under sub. (2) (c) of a wildlife damage estimator whom a court finds to be in violation of par. (b).

AB100-ASA1,533,18 (e) Other liability. Any person who owns, leases or controls land or owns livestock or apiaries for which a benefit was received in violation of par. (b) is not eligible for any benefits under the wildlife damage claim and abatement program for a period of 10 years commencing after the day on which the false statement or representation occurred, regardless of whether the person knew or should have known of the false statement or misrepresentation.

AB100-ASA1,533,21 (11) Annual report. (a) Contents. The department shall prepare an annual report concerning wildlife damage and the wildlife damage claim and abatement program, including a summary of each of the following:

AB100-ASA1,533,22 1. All of the wildlife damage believed to have occurred in the state.

AB100-ASA1,533,23 2. The wildlife damage claims that were submitted under this section.

AB100-ASA1,533,25 3. The wildlife damage abatement measures that were offered or approved under this section.

AB100-ASA1,534,2 4. The percentage of the total number of submitted wildlife damage claims that are rejected for failure to meet the requirements of the program.

AB100-ASA1,534,4 5. The percentage of the total number of wildlife damage claims for which the amount of the payment to the claimant was prorated under sub. (3) (e).

AB100-ASA1,534,9 (b) Submission; distribution. 1. The department shall submit the report under this subsection no later than January 1 of each year for distribution to the appropriate standing committee of the legislature in the manner provided under s. 13.172 (3). Except as provided in subd. 2., the report shall cover the 12-month period ending on the October 31 that immediately precedes the date of the report.

AB100-ASA1,534,11 2. The report that is submitted before January 1, 1999, shall cover the 10-month period ending on October 31, 1998.

AB100-ASA1, s. 1139s Section 1139s. 29.60 (2g) of the statutes is created to read:

AB100-ASA1,534,15 29.60 (2g) Subsections (1) and (2) do not apply to toxicants placed in the waters of a fish farm or a state or municipal fish hatchery that are necessary to the operation of the fish farm or fish hatchery.

AB100-ASA1, s. 1139t Section 1139t. 29.62 (4) of the statutes is created to read:

AB100-ASA1,534,17 29.62 (4) This section does not apply to farm-raised fish.

AB100-ASA1, s. 1139u Section 1139u. 29.623 of the statutes is amended to read:

AB100-ASA1,534,24 29.623 Control of detrimental fish. When the department finds that any species of fish is detrimental to any of the waters of the state it may, by rule, designate such species of fish and specify the waters in which such fish are found to be detrimental. Thereupon the department may remove such fish from the waters specified or cause them to be removed therefrom. This section does not apply to farm-raised fish.

AB100-ASA1, s. 1139v Section 1139v. 29.645 of the statutes is amended to read:

AB100-ASA1,535,4 29.645 Larceny of game. A person who, without permission of the owner, molests, disturbs or appropriates any wild animal or its carcass that has been lawfully reduced to possession by another shall forfeit not less than $1,000 nor more than $2,000. This section does not apply to farm-raised deer or farm-raised fish.

AB100-ASA1, s. 1139vv Section 1139vv. 29.65 (1) (intro.) of the statutes is amended to read:

AB100-ASA1,535,11 29.65 (1) (intro.) The department may bring a civil action in the name of the state for the recovery of damages against any person unlawfully killing, wounding, catching, taking, trapping, or having unlawfully in possession or possessing in violation of this chapter any of the following named protected wild animals, birds, or fish, or any part of an animal, bird or fish, and the sum assessed for damages for each wild animal, bird, or fish shall be not less than the amount stated in this section:

AB100-ASA1, s. 1139w Section 1139w. 29.99 (15) of the statutes is amended to read:

AB100-ASA1,535,20 29.99 (15) In any prosecution under this section it is not necessary for the state to allege or prove that the animals were not farm-raised deer, farm-raised fish or domesticated animals;, that they were not taken for scientific purposes, or that they were taken or in possession or under control without a required approval. The person claiming that these animals were farm-raised deer, farm-raised fish or domesticated animals, that they were taken for scientific purposes or that they were taken or in possession or under control under the required approval, has the burden of proving these facts.

AB100-ASA1, s. 866 Section 866. 30.277 (3) (k) of the statutes is created to read:

AB100-ASA1,535,23 30.277 (3) (k) Whether the project is related to brownfields redevelopment, as defined in s. 23.09 (19) (a) 1.

AB100-ASA1, s. 867 Section 867. 30.277 (6) of the statutes is amended to read:

AB100-ASA1,536,6 30.277 (6) Rules. The department shall promulgate rules for the administration of this section, including rules that specify the weight to be assigned to each criterion under sub. (3) and the minimum number of criteria under sub. (3) in which an applicant must perform satisfactorily in order to be awarded a grant. In specifying the weight to be assigned to the criteria under sub. (3), the department shall assign the greatest weight to the criterion under sub. (3) (k).

AB100-ASA1, s. 1139x Section 1139x. 30.28 (2) (c) of the statutes is repealed.

AB100-ASA1, s. 868 Section 868. 30.28 (2r) of the statutes is created to read:

AB100-ASA1,536,11 30.28 (2r) Fee for expedited service. (a) The department, by rule, may charge a supplemental fee for a permit or approval that is in addition to the fee charged under this section if all of the following apply:

AB100-ASA1,536,14 1. The applicant requests in writing that the permit or approval be issued within a time period that is shorter than the time limit under the rule promulgated under par. (b) for that type of permit or approval.

AB100-ASA1,536,15 2. The department verifies that it will be able to comply with the request.

AB100-ASA1,536,18 (b) If the department promulgates a rule under par. (a), the rule shall contain a time limit for each type of permit or approval classified under sub. (2) (a) for determining whether the department will grant the permit or approval.

AB100-ASA1, s. 1142m Section 1142m. 30.45 (7) (b) of the statutes is amended to read:

AB100-ASA1,536,21 30.45 (7) (b) A sign erected by the state or municipality in charge of a highway, or by a person authorized under s. 86.19 (7).

AB100-ASA1, s. 869 Section 869. 30.52 (3m) (b) of the statutes is amended to read:

AB100-ASA1,536,24 30.52 (3m) (b) All moneys collected under par. (a) shall be deposited into the account under s. 20.370 (1) (is) (3) (is).

AB100-ASA1, s. 870 Section 870. 30.541 (3) (d) 2. d. of the statutes is amended to read:

AB100-ASA1,537,4 30.541 (3) (d) 2. d. The limit in subd. 2. c. does not apply if the surviving spouse proceeds under s. 867.03 (1) (1g) and the total value of the decedent's solely owned property in the state, including boats transferred under this subdivision, does not exceed $10,000.

AB100-ASA1, s. 1144m Section 1144m. 30.77 (3) (ac) (intro.) of the statutes is amended to read:

AB100-ASA1,537,8 30.77 (3) (ac) (intro.) Except as provided under s. ss. 33.455 (3) (b) and 33.58 (3) (b), no ordinance that pertains to the equipment, use or operation of a boat on an inland lake is valid unless one of the following occurs:

AB100-ASA1, s. 1144q Section 1144q. 30.92 (4) (b) 2. of the statutes is amended to read:

AB100-ASA1,537,15 30.92 (4) (b) 2. a. The department may cost-share, with the approval of the commission, with a qualified lake association or an affected governmental unit, including itself, at a rate of up to 50% of any construction, acquisition, rehabilitation, feasibility study or other project costs or any combination of these costs, for the recreational boating project if the costs are the type that qualify for funding under this section.

AB100-ASA1,537,18 c. The department may pay, with the approval of the commission, an additional 10% of the costs of a construction project if the municipality conducts a boating safety enforcement and education program approved by the department.

AB100-ASA1, s. 1144r Section 1144r. 30.92 (4) (b) 2. b. of the statutes is created to read:

AB100-ASA1,537,23 30.92 (4) (b) 2. b. The department, with the approval of the commission, may increase the maximum cost-share rate under subd. 2. a. from 50% to 80% if the commission determines that the recreational boating project is a project of statewide or regional significance.

AB100-ASA1, s. 1144s Section 1144s. 30.92 (4) (b) 2m. of the statutes is created to read:

AB100-ASA1,538,3 30.92 (4) (b) 2m. The qualified lake association or governmental unit that cost-shares under subd. 2. may make its contribution in matching funds or in-kind contributions or both.

AB100-ASA1, s. 871 Section 871. 30.92 (4) (b) 8. bn. of the statutes is created to read:

AB100-ASA1,538,6 30.92 (4) (b) 8. bn. Acquisition of capital equipment that is necessary to collect and remove floating trash and debris from a waterway.

AB100-ASA1, s. 872 Section 872. 30.92 (4m) of the statutes is created to read:

AB100-ASA1,538,18 30.92 (4m) Lake Superior harbor of refuge. The department, with the approval of the commission, may expend an amount to pay up to 100% of the eligible costs for the construction of a harbor of refuge along the Lake Superior shoreline. Notwithstanding sub. (4) (b) 4., the project costs may include the acquisition of land. Notwithstanding sub. (4) (a), the department may expend directly the amount authorized under this subsection even though Lake Superior is not an inland lake without a public access facility. Notwithstanding sub. (4) (b) 2., the department need not contribute any moneys to match the amount expended from the appropriation under s. 20.370 (5) (cq). The amount expended under this subsection shall be considered an expenditure for a Great Lakes project. This project need not be placed on the priority list under sub. (3) (a).

AB100-ASA1, s. 1146g Section 1146g. 30.92 (5) of the statutes is renumbered 30.92 (5) (a).

AB100-ASA1, s. 1146h Section 1146h. 30.92 (5) (b) of the statutes is created to read:

AB100-ASA1,538,23 30.92 (5) (b) For purposes of sub. (4) (b) 2. b., the department shall promulgate rules to be used to determine whether a recreational boating project is a recreational boating project of statewide or regional significance.

AB100-ASA1, s. 873 Section 873. 30.94 (6m) of the statutes is amended to read:

AB100-ASA1,539,6 30.94 (6m) State aid. Notwithstanding s. 30.92 (4) (a), the department shall provide in each fiscal year funds from the appropriation under s. 20.370 (5) (hu) (9) (ju) to the commission for the management, operation, restoration and repair of the Fox River navigational system if Brown County, Calumet County, Fond du Lac County, Outagamie County and Winnebago County contribute matching funds for the management and operation of the Fox River navigational system.

AB100-ASA1, s. 1147d Section 1147d. 31.385 (2) (a) of the statutes is renumbered 31.385 (2) (a) 1. and amended to read:

AB100-ASA1,539,12 31.385 (2) (a) 1. State Except as provided in subd. 2., state financial assistance is limited to no more than 50% of the cost of a particular project involving dam maintenance, repair, modification, abandonment or removal and no more than $200,000 of in state financial assistance for a particular project.

AB100-ASA1, s. 1147e Section 1147e. 31.385 (2) (a) 2. of the statutes is created to read:

AB100-ASA1,539,20 31.385 (2) (a) 2. For a project involving dam maintenance, repair, modification, abandonment or removal where at least 66% of the property affected by the water impounded by the dam is owned by the state and property that is owned by the state and that is within the impoundment area of the dam would be significantly devalued by the dam's removal, state financial assistance is limited to no more than 90% of the cost of the project and no more than $350,000 in state financial assistance for the project.

AB100-ASA1, s. 1147f Section 1147f. 31.385 (2) (ag) of the statutes is created to read:

AB100-ASA1,539,25 31.385 (2) (ag) Of the amounts appropriated under s. 20.866 (2) (tL), at least $250,000 shall be used for projects to remove dams that are less than 15 feet wide and that create impoundments of 50 acre-feet of water or less. A project under this paragraph may include restoring the stream or river that was dammed.

AB100-ASA1, s. 1147g Section 1147g. 31.385 (2) (ar) of the statutes is created to read:

AB100-ASA1,540,3 31.385 (2) (ar) Of the amounts appropriated under s. 20.866 (2) (tL), at least $100,000 shall be used for the removal of abandoned dams.

AB100-ASA1, s. 874 Section 874. 31.39 (2r) of the statutes is created to read:

AB100-ASA1,540,7 31.39 (2r) Fee for expedited service. (a) The department, by rule, may charge a supplemental fee for a permit or approval that is in addition to the fee charged under this section if all of the following apply:

AB100-ASA1,540,10 1. The applicant requests in writing that the permit or approval be issued within a time period that is shorter than the time limit promulgated under par. (b) for that type of permit or approval.

AB100-ASA1,540,11 2. The department verifies that it will be able to comply with the request.

AB100-ASA1,540,14 (b) If the department promulgates a rule under par. (a), the rule shall contain a time limit for each type of permit or approval classified under sub. (2) (a) for determining whether the department will grant the permit or approval.

AB100-ASA1, s. 1148p Section 1148p. 33.001 (2) (b) of the statutes is amended to read:

AB100-ASA1,540,21 33.001 (2) (b) A state effort of research, analysis, planning and financing, and a local effort undertaken by districts and, the Dane county lakes and watershed commission and the Illinois Fox River commission of planning and plan implementation are necessary and desirable and that the districts should be formed by persons directly affected by the deteriorated condition of inland waters and willing to assist financially, or through other means, in remedying lake problems.

AB100-ASA1, s. 1148t Section 1148t. Subchapter VI of chapter 33 [precedes 33.53] of the statutes is created to read:

AB100-ASA1,540,24 chapter 33

AB100-ASA1,541,2 subchapter vi Illinois Fox River commission

AB100-ASA1,541,3 33.53 Definitions. In this subchapter:

AB100-ASA1,541,5 (1) "Board of commissioners" means the board of commissioners of the commission.

AB100-ASA1,541,7 (2) "Commission" means the Illinois Fox River commission created under s. 33.54 (1).

AB100-ASA1,541,8 (3) "Commissioner" means a member of the board of commissioners.

AB100-ASA1,541,9 (4) "County" means Racine County or Waukesha County.

AB100-ASA1,541,10 (5) "County board" means the county board of a county.

AB100-ASA1,541,11 (6) "Municipality" means any city, village or town.