Amendment AA1-ASA1-AB100

AB100-ASA1-AA1,83,4 391. Page 482, line 1: delete lines 1 and 2 and substitute:

AB100-ASA1-AA1,83,6 " Section 954mm. 27.014 (1) of the statutes is renumbered 27.014 (1m), and 27.014 (1m) (a), as renumbered, is amended to read:

AB100-ASA1-AA1,83,11 27.014 (1m) (a) If the department finds a vehicle in a vehicle admission area, as defined in s. 27.01 (7) (a) 3., that does not have a valid sticker receipt affixed to it or otherwise displayed as authorized under s. 27.01 (7) (e) and the department cannot locate the operator of the vehicle, the owner of the vehicle shall be presumed liable for a violation of s. 27.01 (7) (b).

AB100-ASA1-AA1, s. 955m Section 955m. 27.014 (1c) of the statutes is created to read:

AB100-ASA1-AA1,83,15 27.014 (1c) Definition. In this section, with respect to a vehicle that is registered, or is required to be registered, by a lessee of the vehicle under ch. 341, "owner" means the lessee of the vehicle.

AB100-ASA1-AA1, s. 956m Section 956m. 27.014 (2) (intro.) of the statutes is amended to read:

AB100-ASA1-AA1,83,18 27.014 (2) Defenses. (intro.) The following are defenses to the imposition of liability under sub. (1) (1m):

AB100-ASA1-AA1, s. 957m Section 957m. 27.014 (2) (b) of the statutes is amended to read:

AB100-ASA1-AA1,84,2 27.014 (2) (b) If the owner of the vehicle provides the department with the name and address of the person operating the vehicle or having the vehicle under his or her control at the time of the violation and sufficient information for the department to determine that probable cause does not exist to believe that the owner of the vehicle was operating the vehicle at the time of the violation, then the owner of the vehicle shall not be liable under sub. (1) (1m) or s. 27.01 (7) (b).

AB100-ASA1-AA1, s. 958m Section 958m. 27.014 (2) (c) of the statutes is amended to read:

AB100-ASA1-AA1,84,7 27.014 (2) (c) If the vehicle is owned by a lessor of vehicles and at the time of the violation the vehicle was in the possession of a lessee, and the lessor provides the department with the information required under s. 343.46 (3), then the lessee and not the lessor shall be liable under sub. (1) (1m) or s. 27.01 (7) (b).

AB100-ASA1-AA1, s. 959m Section 959m. 27.014 (2) (d) of the statutes is amended to read:

AB100-ASA1-AA1,84,14 27.014 (2) (d) If the vehicle is owned by a dealer, as defined in s. 340.01 (11) (intro.) but including the persons specified in s. 340.01 (11) (a) to (d), and at the time of the violation the vehicle was being operated by or was under the control of any person on a trial run, and if the dealer provides the department with the name, address and operator's license number of the person operating the vehicle, then that person, and not the dealer, shall be liable under sub. (1) (1m) or s. 27.01 (7) (b).".

AB100-ASA1-AA1,84,15 392. Page 482, line 14: after that line insert:

AB100-ASA1-AA1,84,16 " Section 960g. 28.02 (4) (bm) of the statutes is created to read:

AB100-ASA1-AA1,84,17 28.02 (4) (bm) Paragraph (b) does not apply to sales under s. 23.15 (2r).".

AB100-ASA1-AA1,84,18 393. Page 489, line 16: after that line insert:

AB100-ASA1-AA1,84,20 " Section 994e. 29.092 (2) (em) of the statutes, as affected by 1997 Wisconsin Act 1, is amended to read:

AB100-ASA1-AA1,84,22 29.092 (2) (em) Resident wild turkey. The fee for a resident wild turkey hunting license is $10.25 $9.25.

AB100-ASA1-AA1, s. 994k Section 994k. 29.092 (2) (kd) of the statutes, as affected by 1997 Wisconsin Act 1, is amended to read:

AB100-ASA1-AA1,85,2 29.092 (2) (kd) Nonresident wild turkey. The fee for a nonresident wild turkey hunting license is $54.25 $53.25.".

AB100-ASA1-AA1,85,3 394. Page 490, line 6: after that line insert:

AB100-ASA1-AA1,85,4 " Section 998m. 29.092 (14) (c) of the statutes is amended to read:

AB100-ASA1-AA1,85,9 29.092 (14) (c) Use of surcharge fees. The wildlife damage surcharge shall be collected as are other approval fees and the surcharge fees shall be deposited in the conservation fund to be used for the wildlife damage abatement program, for the wildlife damage claim program, for wildlife abatement and control grants under s. 29.595 and for removal activities by the department under s. 29.59.".

AB100-ASA1-AA1,85,10 395. Page 490, line 6: after that line insert:

AB100-ASA1-AA1,85,12 " Section 998b. 29.092 (14) (a) of the statutes, as affected by 1997 Wisconsin Act 1, is amended to read:

AB100-ASA1-AA1,85,20 29.092 (14) (a) Surcharge generally. In addition to the fees specified under subs. (2) (a) and (c) to (k) (kd), (3v) (a) 1. and (am) and (4) (a) and (am), a person who applies for a resident small game, resident wild turkey, resident deer, resident Class A or Class B bear, resident archer, nonresident annual small game, nonresident 5-day small game, nonresident wild turkey, nonresident deer, nonresident Class A or Class B bear, nonresident fur-bearing animal, nonresident archer license, resident sports license, or nonresident sports license shall pay a wildlife damage surcharge of $1.

AB100-ASA1-AA1, s. 998d Section 998d. 29.092 (14) (b) of the statutes, as affected by 1997 Wisconsin Act 1, is amended to read:

AB100-ASA1-AA1,86,3 29.092 (14) (b) Addition of surcharge. The wildlife damage surcharge shall be added to the fee provided in sub. (2) (a) or (c) to (k) (kd), (3v) (a) 1. or (am) or (4) (a), (am), (b) or (bn).".

AB100-ASA1-AA1,86,4 396. Page 514, line 19: after that line insert:

AB100-ASA1-AA1,86,6 " Section 1099b. 29.24 of the statutes is renumbered 29.24 (1) (intro.) and amended to read:

AB100-ASA1-AA1,86,9 29.24 (1) (intro.) The owner or occupant of any land, and any member of his or her family, may hunt or trap beaver, coyotes, foxes, raccoons, woodchucks, rabbits and squirrels on the land without a license at any time, except that such as follows:

AB100-ASA1-AA1,86,12 (a) Such persons may not hunt any of these wild animals during the period of 24 hours prior to the opening date for deer hunting in those counties or parts of counties where an open season for hunting deer with firearms is established.

AB100-ASA1-AA1,86,15 (2) The owner or occupant of any land and any member of his or her family may take beaver, rabbits, raccoons and squirrels on the land at any time by means of live trapping with box traps in areas where the discharge of a firearm is unlawful illegal.

AB100-ASA1-AA1, s. 1099bn Section 1099bn. 29.24 (1) (b) of the statutes is created to read:

AB100-ASA1-AA1,86,19 29.24 (1) (b) Such persons may not hunt coyotes during an open season for hunting deer with firearms in an area that is closed by the department by rule to coyote hunting.".

AB100-ASA1-AA1,86,20 397. Page 514, line 22: after that line insert:

AB100-ASA1-AA1,86,21 " Section 1103n. 29.29 (4) of the statutes is amended to read:

AB100-ASA1-AA1,87,6 29.29 (4) Use of pesticides. The department of natural resources, after public hearing, may promulgate rules governing the use of any pesticide which it finds is a serious hazard to wild animals other than those it is intended to control, and the making of reports thereon. In making such determinations, the department to the extent relevant shall consider the need for pesticides to protect the well-being of the general public. It shall obtain the recommendation of the pesticide review board and such rules, other than rules to protect groundwater promulgated to comply with ch. 160, are not effective until approved by the pesticide review board. "Pesticide" has the meaning designated in s. 94.67.".

AB100-ASA1-AA1,87,7 398. Page 526, line 2: after that line insert:

AB100-ASA1-AA1,87,8 " Section 1139p. 29.595 of the statutes is created to read:

AB100-ASA1-AA1,87,12 29.595 Wildlife control in urban communities. (1) The department shall establish a program to award matching grants to urban communities for up to 50% of the costs for projects to plan wildlife abatement measures or to engage in wildlife control efforts or both.

AB100-ASA1-AA1,87,13 (2) A grant awarded under this section may not exceed $5,000.

AB100-ASA1-AA1,87,15 (3) The department shall promulgate rules establishing criteria for awarding grants under this section.".

AB100-ASA1-AA1,87,16 399. Page 526, line 5: delete "to crops on agricultural".

AB100-ASA1-AA1,87,17 400. Page 526, line 6: delete that line.

AB100-ASA1-AA1,87,18 401. Page 527, line 1: substitute "Certification" for " Rules; certification".

AB100-ASA1-AA1,87,19 402. Page 527, line 8: after that line insert:

AB100-ASA1-AA1,87,24 "(am) Type of damage eligible. The type of wildlife damage that is eligible for wildlife damage claim payments 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.".

AB100-ASA1-AA1,88,1 403. Page 527, line 20: after that line insert:

AB100-ASA1-AA1,88,3 "2m. That the claim contains an estimate of the total wildlife damage that occurred, regardless of the amount that is eligible for payment under par. (d).".

AB100-ASA1-AA1,88,4 404. Page 528, line 1: delete "1.".

AB100-ASA1-AA1,88,7 405. Page 528, line 3: delete lines 3 and 4 and substitute "In calculating the amount to be paid for a claim, the department shall determine the amount as follows:".

AB100-ASA1-AA1,88,8 406. Page 528, line 5: before that line insert:

AB100-ASA1-AA1,88,10 "1. If the amount of the claim is $250 or less, the claimant will receive no payment.

AB100-ASA1-AA1,88,12 2. If the amount of claim is more than $250 but not more than $5,250, the claimant will be paid 100% of the amount of the claim that exceeds $250.

AB100-ASA1-AA1,88,15 3. If the amount of the claim is more than $5,250, the claimant will be paid the amount calculated under subd. 2., plus 80% of the amount of the claim that exceeds $5,250, subject to subd. 4.

AB100-ASA1-AA1,88,17 4. The total amount paid to a claimant under this paragraph may not exceed $15,000 for each claim.".

AB100-ASA1-AA1,88,18 407. Page 528, line 5: after "claims" insert "to the claimants".

AB100-ASA1-AA1,88,19 408. Page 528, line 5: delete "2." and substitute "(dm) Deadline for payment.".

AB100-ASA1-AA1,88,20 409. Page 528, line 13: after that line insert:

AB100-ASA1-AA1,89,2 "(am) Type of damage eligible. The type of wildlife damage that is eligible for wildlife damage abatement assistance 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.".

AB100-ASA1-AA1,89,3 410. Page 529, line 15: after that line insert:

AB100-ASA1-AA1,89,7 "(am) Exemption. The requirements to allow hunting under par. (a) do not apply to a person seeking wildlife damage abatement assistance if the person does not have authority to control entry on the land that is subject to those requirements and if the damage on the land is damage to apiaries.".

AB100-ASA1-AA1,89,8 411. Page 533, line 7: delete "committee" and substitute "committees".

AB100-ASA1-AA1,89,9 412. Page 534, line 20: after that line insert:

AB100-ASA1-AA1,89,11 " Section 1139x. 30.1255 (1) (intro.) and (a) of the statutes are consolidated, renumbered 30.1255 (1) and amended to read:

AB100-ASA1-AA1,89,16 30.1255 (1) (title) Definitions Definition. In this section: (a) "Aquatic, "aquatic nuisance species" means a nonindigenous species that threatens the diversity or abundance of native species or the ecological stability of infested waters or that threatens a commercial, agricultural, aquacultural or recreational activity dependent on infested waters.

AB100-ASA1-AA1, s. 1139y Section 1139y. 30.1255 (1) (b) of the statutes is repealed.

AB100-ASA1-AA1, s. 1139z Section 1139z. 30.1255 (2) of the statutes is repealed.

AB100-ASA1-AA1, s. 1139zb Section 1139zb. 30.1255 (3) (a) (intro.) of the statutes is amended to read:

AB100-ASA1-AA1,89,21 30.1255 (3) (a) (intro.) After consulting with the council, the The department shall submit periodically to the legislature reports describing all of the following:".

AB100-ASA1-AA1,89,22 413. Page 534, line 20: after that line insert:

AB100-ASA1-AA1,89,23 " Section 1139w. 30.12 (4) (bn) of the statutes is created to read:

AB100-ASA1-AA1,90,2 30.12 (4) (bn) Any interdepartmental liaison procedures established under par. (b) that relate to mitigation of wetland loss may not do any of the following:

AB100-ASA1-AA1,90,4 1. Require that the area of the wetland to be restored or created be larger than the area of the wetland to be lost.

AB100-ASA1-AA1,90,8 2. Regulate or give priority to sites for the wetlands to be created or restored based on proximity of the sites to the wetlands to be lost except that the procedures may give priority to sites that are in the same watersheds or aquifers as are the wetlands to be lost.".

AB100-ASA1-AA1,90,9 414. Page 534, line 20: after that line insert:

AB100-ASA1-AA1,90,10 " Section 1139zm. 30.135 of the statutes is created to read:

AB100-ASA1-AA1,90,14 30.135 Regulation of water ski platforms and jumps. (1) When permit required. (a) A riparian proprietor may place a water ski platform or water ski jump in a navigable waterway without obtaining a permit if all of the following requirements are met:

AB100-ASA1-AA1,90,16 1. The platform or jump does not interfere with public rights in navigable waters.

AB100-ASA1-AA1,90,18 2. The platform or jump does not interfere with rights of other riparian proprietors.

AB100-ASA1-AA1,90,20 3. The platform or jump is located at a site that ensures adequate water depth and clearance for safe water skiing.

AB100-ASA1-AA1,90,22 (b) If the department determines that any of the requirements under par. (a) are not met, the riparian owner shall submit a permit application to the department.

AB100-ASA1-AA1,91,8 (2) Notice and hearing procedure. (a) Upon receipt of a complete permit application, the department shall either order a hearing or provide notice stating that it will proceed on the application without a hearing unless a substantive written objection to issuance of the permit is received within 30 days after publication of the notice. The department shall provide a copy of the notice to the applicant for the permit, the clerk of each municipality in which the water ski platform or water ski jump is to be located and to any other person required by law to receive notice. The applicant shall publish the notice as a class 1 notice under ch. 985 in a newspaper designated by the department that is likely to give notice in the area affected. The applicant shall file proof of publication with the department.

AB100-ASA1-AA1,91,12 (b) If the department receives no substantive written objection to the permit and proceeds on the permit application without a hearing, the department shall approve or disapprove the permit within 5 days after the date that the 30-day period under par. (a) expires.

AB100-ASA1-AA1,91,22 (c) If the department orders a hearing on the permit application, the hearing shall be scheduled within 30 days after the date on which the department orders the hearing. The division of hearings and appeals shall mail copies of the written notice of the hearing at least 10 days before the hearing to each person provided the notice under par. (a). The division of hearings and appeals shall mail the copies at least 10 days before the hearing except that it shall mail the copy to the applicant for the permit at least 20 days before the hearing. The applicant shall publish the notice as a class 1 notice under ch. 985 in a newspaper designated by the department that is likely to give notice in the area affected. The applicant shall file proof of the publication with the hearing examiner at or prior to the hearing.