AB100-SA1,37,1915
29.598
(6) (b)
Filing of claim; form. In order to be eligible for wildlife damage
16claim payments, a person is required to file a statement of claim with the
17participating county department in a form acceptable to the
county department. An
18owner or lessee of land, a person who controls land or an owner of an apiary or
19livestock may file a statement of claim.
AB100-SA1,37,2521
29.598
(6) (d)
Compliance with wildlife damage abatement measures. In order
22to be eligible for wildlife damage claim payments
for an occurrence of wildlife
23damage, a person seeking wildlife damage claim payments shall
comply have
24complied with any wildlife damage abatement measures
to abate that wildlife
25damage that were recommended by the county.
AB100-SA1,38,62
29.598
(6) (dm)
Compliance with normal agricultural practices. In order to be
3eligible for wildlife damage claim payments, a person seeking wildlife damage claim
4payments shall have managed the seedings, crops, orchard trees, nursery stock,
5apiaries or livestock which the person is seeking the claim payments in accordance
6with normal agricultural practices.
AB100-SA1,38,138
29.598
(6) (em)
Type of wildlife damage. The type of wildlife damage that is
9eligible for wildlife damage claim payments shall be limited to damage to commercial
10seedings or crops growing on agricultural land, damage to crops that have been
11harvested for sale or further use but that have not been removed from the
12agricultural land, damage to orchard trees or nursery stock or damage to apiaries or
13livestock.
AB100-SA1,38,1715
29.598
(7) (a)
Investigation. A participating county shall investigate each
16statement of claim and determine the
total amount of the wildlife damage
that
17occurred, regardless of the amount that may be eligible for payment under par. (b).
AB100-SA1, s. 1139rq
18Section 1139rq. 29.598 (7) (b) of the statutes is repealed and recreated to read:
AB100-SA1,38,2119
29.598
(7) (b)
Calculating amount of payment. In calculating the amount of the
20wildlife damage claim payment to be paid for a claim under par. (a), the participating
21county shall determine the amount as follows:
AB100-SA1,38,2322
1. If the amount of the claim is $250 or less, the claimant will receive no
23payment.
AB100-SA1,38,2524
2. If the amount of claim is more than $250 but not more than $5,250, the
25claimant will be paid 100% of the amount of the claim that exceeds $250.
AB100-SA1,39,3
13. If the amount of the claim is more than $5,250, the claimant will be paid the
2amount calculated under subd. 2., plus 80% of the amount of the claim that exceeds
3$5,250, subject to subd. 4.
AB100-SA1,39,54
4. The total amount paid to a claimant under this paragraph may not exceed
5$15,000 for each claim.
AB100-SA1,39,127
29.598
(7) (bm) If the land where the wildlife damage occurred is located in
8more than one participating county and the person files a statement of claim with
9more than one participating county,
then the monetary restriction under par. (b) 3. 10the amount of the claim, as determined under par. (a), shall be prorated between or
11among the participating counties based on the amount of wildlife damage occurring
12in each county.
AB100-SA1,39,1915
29.598
(7) (d)
State aid. 1. Except as provided under subd. 2., the department
16shall pay
participating counties claimants the full amount of wildlife damage claim
17payments
made calculated in accordance with par. (b) and funding requirements
18adopted under sub. (2) (b)
on no later than June 1 of the calendar year after the
19calendar year in which the statement of claims were filed.
AB100-SA1,40,320
2. The department shall pay
participating counties
claimants under subd. 1.
21from the appropriation under
s. 20.370 (5) (fa) and from the appropriation under s.
2220.370 (5) (fq) after first deducting from s. 20.370 (5) (fq) payments made for county
23administrative costs under sub. (2) (d) and payments made for wildlife damage
24abatement assistance under sub. (5) (c). If the amount
in the appropriation under
25s. 20.370 (5) (fa) and the amount remaining after these deductions from the
1appropriation under s. 20.370 (5) (fq) are not sufficient to pay the full amount
2required under subd. 1., the department shall pay
participating counties claimants 3on a prorated basis.
AB100-SA1, s. 1139ru
4Section 1139ru. 29.598 (7m) of the statutes is repealed and recreated to read:
AB100-SA1,40,135
29.598
(7m) Land required to be open to hunting; penalties. (a)
6Requirements. A person who receives wildlife damage abatement assistance or
7wildlife damage claim payments and any other person who owns, leases or controls
8the land where the wildlife damage occurred shall permit hunting of the type of wild
9animals causing the wildlife damage on that land and on contiguous land under the
10same ownership, lease or control. In order to satisfy the requirement to permit
11hunting under this subsection, the land shall be open to hunting during the
12appropriate open season. The county, with the assistance of the department, shall
13determine the acreage of land suitable for hunting.
AB100-SA1,40,1714
(am)
Exemption. The requirements to allow hunting under par. (a) do not apply
15to a person seeking wildlife damage abatement assistance if the person does not have
16authority to control entry on the land that is subject to those requirements and if the
17damage on the land is damage to apiaries.
AB100-SA1,40,1918
(b)
Penalties. If any person who is required to permit hunting on land as
19required under par. (a) fails to do so, the person is liable for all of the following:
AB100-SA1,40,2020
1. Repayment of any money paid for the wildlife damage claim.
AB100-SA1,40,2221
2. Payment of the cost of any wildlife damage abatement assistance paid for
22under this section.
AB100-SA1,40,2523
3. Payment of the costs for reviewing and approving the wildlife damage claim
24or wildlife damage abatement assistance and the costs of investigating the failure
25to permit hunting on the land.
AB100-SA1,41,92
29.598
(8c) Amount of funding. In each fiscal year, the department shall
3submit to the joint committee on finance a proposal for the amount of funds to be
4expended under the wildlife damage claim and abatement program. The
5department may not expend any moneys in any fiscal year for the program until the
6joint committee on finance has approved the proposal for that fiscal year. The
7department may request the joint committee on finance to amend the amount of any
8expenditure approved under this subsection for a fiscal year and the committee may
9thereafter approve a revised amount for expenditure in that fiscal year.
AB100-SA1,41,1411
29.598
(8g) Review. A participating county's determination of the amount of
12wildlife damage, the amount of a wildlife damage claim or the amount of wildlife
13damage abatement assistance shall be treated as final decisions for purposes of
14review.
AB100-SA1,41,2016
29.598
(8r) Records; entry to land. (a)
Records. A person receiving wildlife
17damage abatement assistance or wildlife damage claim payments shall retain all
18records as required by the participating county or the department and make them
19available to the participating county or the department for inspection at reasonable
20times.
AB100-SA1,41,2321
(b)
Entry to land. The department or a participating county may enter and
22inspect, at reasonable times, any land for which a wildlife damage claim has been
23filed or for which wildlife damage abatement measures have been implemented.
AB100-SA1,42,4
24(c)
Responsibilities. No person may refuse entry or access to or withhold
25records from the department or the participating county under this subsection. No
1person may obstruct or interfere with an inspection by the department or a
2participating county under this subsection. The department or participating county
3if requested, shall furnish to the person a report setting forth all of the factual
4findings by the department or participating county that relate to the inspection.
AB100-SA1,42,126
29.598
(9) Audits. The department shall conduct random audits of wildlife
7damage abatement claims paid, wildlife damage abatement measures recommended
8and wildlife damage assistance paid for under this section. The department shall
9conduct audits of all claims filed by, and payments made to, department employes
10and of all wildlife damage abatement measures for the benefit of crops, livestock or
11apiaries owned or controlled by these employes for which assistance was provided
12under sub. (5).
AB100-SA1,42,1814
29.598
(10) Negligence; fraud; penalties. (a)
Liability. For a given wildlife
15damage statement of claim or application for wildlife damage abatement assistance,
16if the person filing the claim or applying for the assistance negligently makes, or
17causes to be made, a false statement or representation of a material fact in making
18the claim or application, the person is liable for all of the following:
AB100-SA1,42,1919
1. Repayment of any money paid for the wildlife damage claim.
AB100-SA1,42,2120
2. Payment of the cost of any wildlife damage abatement assistance paid for
21under this section.
AB100-SA1,42,2422
3. Payment of the costs for reviewing and approving the wildlife damage claim
23or wildlife damage abatement assistance and the costs in investigating and
24determining whether a false statement or representation was made.
AB100-SA1,43,3
1(b)
Fraud. No person may knowingly make or cause to be made any false
2statement or representation of material fact under the wildlife damage abatement
3program or the wildlife damage claim program.
AB100-SA1,43,54
(c)
Fraud; penalties. A court finding a person to be in violation of par. (b) may
5order any of the following:
AB100-SA1,43,66
1. That the person make any of the payments under par. (a) 1. to 3.
AB100-SA1,43,97
2. That the person pay a forfeiture equal to 2 times the total amount of wildlife
8damage claim payments received and the value of any wildlife damage abatement
9measures implemented, plus an amount not to exceed $1,000.
AB100-SA1,43,1210
3. The revocation of the person's privileges or approvals under s. 29.99 (12) if
11the person violating par. (b) owns, leases or controls land, or owns livestock or
12apiaries, to which the false statement or representation relates.
AB100-SA1,43,1513
4. That the person be prohibited from receiving any benefits under the wildlife
14damage abatement program or the wildlife damage claim program for a period of 10
15years commencing after the day that the false statement or representation occurred.
AB100-SA1,43,2216
(d)
Other liability. Any person who owns, leases or controls land or owns
17livestock or apiaries for which a benefit was received in violation of par. (b) or who
18fails to allow hunting as required under sub. (7m) is not eligible for any benefits
19under the wildlife damage abatement program or the wildlife damage claim program
20for a period of 10 years commencing after the day on which the false statement or
21representation occurred, regardless of whether the person knew or should have
22known of the false statement or misrepresentation.
AB100-SA1,44,224
29.598
(11) Annual report. (a)
Contents. The department shall prepare an
25annual report concerning wildlife damage, the wildlife damage abatement program
1and the wildlife damage claim program, including a summary of each of the
2following:
AB100-SA1,44,33
1. All of the wildlife damage believed to have occurred in the state.
AB100-SA1,44,44
2. The wildlife damage claims that were filed under this section.
AB100-SA1,44,65
3. The wildlife damage abatement measures that were recommended or
6implemented under this section.
AB100-SA1,44,87
4. The percentage of the total number of filed wildlife damage claims that are
8rejected for failure to meet the requirements of the programs.
AB100-SA1,44,109
5. The percentage of the total number of wildlife damage claims for which the
10amount of the payment to the claimant was prorated under sub. (7) (d).
AB100-SA1,44,1611
(b)
Submission; distribution. The department shall submit the report under
12this subsection no later than June 1 of each year for distribution to the appropriate
13standing committees of the legislature in the manner provided under s. 13.172 (3).
14The first report shall be submitted no later than June 1, 1999. Each report shall
15cover the 12-month period ending on the December 31 that immediately precedes
16the date of the report.".
AB100-SA1,44,18
18"
Section 1139we. 30.01 (1c) of the statutes is amended to read:
AB100-SA1,44,2219
30.01
(1c) "Boat shelter" means a structure in navigable waters designed and
20constructed for the purpose of providing cover for a berth place for watercraft, which
21may have has a roof but
may does not have walls or sides. Such a structure may
22include a
boat hoist device for lifting a boat.
AB100-SA1,45,6
130.01
(5) "Pier" means any structure extending into navigable waters from the
2shore with water on both sides, built or maintained for the purpose of providing a
3berth for watercraft or for loading or unloading cargo or passengers onto or from
4watercraft. Such a structure may include a boat shelter which is removed seasonally.
5Such a structure may include a boat hoist or boat lift, and the hoist or lift may be
6permanent or may be removed seasonally.
AB100-SA1,45,138
30.01
(8) "Wharf" means any structure in navigable waters extending along the
9shore and generally connected with the uplands throughout its length, built or
10maintained for the purpose of providing a berth for watercraft or for loading or
11unloading cargo or passengers onto or from watercraft.
Such a structure may include
12a boat hoist or boat lift, and the hoist or lift may be permanent or may be removed
13seasonally.".
AB100-SA1,45,16
16"
Section 1139zr. 30.2037 of the statutes is created to read:
AB100-SA1,45,20
1730.2037 Big Silver Lake high-water mark. The ordinary high-water mark
18of Big Silver Lake in the town of Marion in Waushara County shall be set by the
19department at 867 feet above mean sea level as determined under U.S. geological
20survey standards.".
AB100-SA1,46,6
4"(b) If the department promulgates a rule under par. (a), the rule shall contain
5a time limit for each type of permit or approval classified under sub. (2) (a) for
6determining whether the department will grant the permit or approval.".