Amendment JR2 AA1-ASA1-AB1

AB1-ASA1-AA1,49,23 (a) "Area variance" means a variance granted by a board of adjustment under s. 59.694 (7) (c) or a board of appeals under s. 62.23 (7) (e) 7. that relates to those provisions of a zoning ordinance which govern area, setbacks, frontage, height, bulk, or density.

AB1-ASA1-AA1,49,24 (b) "Members-elect" has the meaning given in s. 59.001 (2m).

AB1-ASA1-AA1,50,1 (c) "Municipality" means a city, village, or town.

AB1-ASA1-AA1,50,2 (d) "Political subdivision" means a municipality or county.

AB1-ASA1-AA1,50,11 (2) Beginning on the effective date of this subsection .... [revisor inserts date], the state may not initiate a civil action or intervene in a civil action to challenge the granting of an area variance from an ordinance in effect under s. 59.692, 61.351, or 62.231, or an ordinance in effect under s. 60.61 or 60.62 that relates to shoreland zoning if the area variance has been approved by a two-thirds vote of the members-elect of the political subdivision and, in the case of a municipality, has also been approved by a two-thirds vote of the members-elect of the county board of the county in which the land that is subject to the area variance is located or predominantly located."

AB1-ASA1-AA1,50,12 70. Page 28, line 8: after that line insert:

AB1-ASA1-AA1,50,13 " Section 80c. 25.16 (3) of the statutes is amended to read:

AB1-ASA1-AA1,50,16 25.16 (3) The Before the effective date of this subsection .... [revisor inserts date], the executive director may appoint an executive assistant. The executive assistant shall perform the duties prescribed by the executive director.".

AB1-ASA1-AA1,50,17 71. Page 28, line 8: after that line insert:

AB1-ASA1-AA1,50,19 " Section 80m. 25.60 of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1-ASA1-AA1,50,24 25.60 Budget stabilization fund. There is created a separate nonlapsible trust fund designated as the budget stabilization fund, consisting of moneys transferred to the fund from the general fund under s. 16.518 (3) and moneys deposited into the fund under 2001 Wisconsin Act .... (this act), sections 9101 (9ad) and 9107 (1) (am) and (1b).".

AB1-ASA1-AA1,51,1 72. Page 28, line 8: after that line insert:

AB1-ASA1-AA1,51,3 " Section 79e. 25.17 (16) (a) 1. of the statutes, as created by 2001 Wisconsin Act 16, is repealed.

AB1-ASA1-AA1, s. 79r Section 79r. 25.17 (16) (a) 2. of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

AB1-ASA1-AA1,51,9 25.17 (16) (a) 2. All proceeds of, and investment earnings on, investments of the permanent endowment fund made under s. 25.18 (1) (p) that are received in the fiscal year, less the amount transferred to the tobacco control fund under s. 13.101 (16) (b) in that year.".

AB1-ASA1-AA1,51,10 73. Page 28, line 8: after that line insert:

AB1-ASA1-AA1,51,11 " Section 73m. 24.66 (3) (b) of the statutes is amended to read:

AB1-ASA1-AA1,51,18 24.66 (3) (b) For long-term loans by unified school districts. Every application for a loan, the required repayment of which exceeds 10 years, shall be approved and authorized for a unified school district by a majority vote of the members of the school board at a regular or special meeting of the school board. Every vote so required shall be by ayes and noes duly recorded. In addition, the application shall be approved for a unified school district by a majority vote of the electors of the school district at a special election referendum as provided under sub. (4).

AB1-ASA1-AA1, s. 73p Section 73p. 24.66 (4) of the statutes is amended to read:

AB1-ASA1-AA1,52,3 24.66 (4) Popular vote, when required. If any municipality is not empowered by law to incur indebtedness for a particular purpose without first submitting the question to its electors, the application for a state trust fund loan for that purpose must be approved and authorized by a majority vote of the electors at a special election referendum called, in accordance with s. 8.065, and noticed and held in the manner provided for other special elections referenda. The question to be voted on shall be filed as provided in s. 8.37. The notice of the election referendum shall state the amount of the proposed loan and the purpose for which it will be used.".

AB1-ASA1-AA1,52,4 74. Page 29, line 3: after that line insert:

AB1-ASA1-AA1,52,5 " Section 83g. 25.96 of the statutes is amended to read:

AB1-ASA1-AA1,52,11 25.96 Utility public benefits fund. There is established a separate nonlapsible trust fund designated as the utility public benefits fund, consisting of deposits by the public service commission under s. 196.374 (3), public benefits fees received under s. 16.957 (4) (a) and (5) (c) and (d) deposited by the department of administration under s. 16.957 (2) (d) 3., 3g., and 3r. and contributions received under s. 16.957 (2) (c) 4. and (d) 2.

AB1-ASA1-AA1, s. 83r Section 83r. 25.96 of the statutes, as affected by 2001 Wisconsin Act .... (this act), is repealed and recreated to read:

AB1-ASA1-AA1,52,18 25.96 Utility public benefits fund. There is established a separate nonlapsible trust fund designated as the utility public benefits fund, consisting of deposits by the public service commission under s. 196.374 (3), public benefits fees deposited by the department of administration under s. 16.957 (2) (d) 3. and contributions received under s. 16.957 (2) (c) 4. and (d) 2.".

AB1-ASA1-AA1,52,19 75. Page 29, line 3: after that line insert:

AB1-ASA1-AA1,52,20 " Section 83s. 26.02 of the statutes is created to read:

AB1-ASA1-AA1,52,24 26.02 Council on forestry. (1) Duties. The council on forestry shall advise the governor, the legislature, the department of natural resources, the department of commerce, and other state agencies, as determined to be appropriate by the council, on all of the following topics as they affect forests located in this state:

AB1-ASA1-AA1,53,1 (a) The protection of forests from fire, insects, and disease.

AB1-ASA1-AA1,53,2 (b) The practice of sustainable forestry, as defined in s. 28.04 (1) (e).

AB1-ASA1-AA1,53,3 (c) Reforestation and forestry genetics.

AB1-ASA1-AA1,53,4 (d) Management and protection of urban forests.

AB1-ASA1-AA1,53,5 (e) Increasing the public's knowledge and awareness of forestry issues.

AB1-ASA1-AA1,53,6 (f) Forestry research.

AB1-ASA1-AA1,53,8 (g) Increasing the economic development of the forestry industry and employment in the forestry industry.

AB1-ASA1-AA1,53,9 (h) Marketing and use of forest products.

AB1-ASA1-AA1,53,10 (i) Legislation that impacts on the management of forest lands in this state.

AB1-ASA1-AA1,53,11 (j) Staffing and funding needs for forestry programs conducted by the state.

AB1-ASA1-AA1,53,14 (2) Report. (a) The council on forestry shall prepare a biennial report on the status of the state's forest resources and forestry industry. The report shall include a summary of each of the following:

AB1-ASA1-AA1,53,15 1. The magnitude, nature, and extent of the forest resources in this state.

AB1-ASA1-AA1,53,17 2. The current use in this state for forest products and the benefits that these forest products provide to the state.

AB1-ASA1-AA1,53,19 3. The projected future demand for forest products and the projected benefits that these forest products will provide to the state in the future.

AB1-ASA1-AA1,53,21 4. The types of owners and forms of ownership that apply to forests in this state, including the reasons why persons own forest land.

AB1-ASA1-AA1,53,23 5. The success of existing incentives that are offered to stimulate the development of forest resources.

AB1-ASA1-AA1,54,3 6. The possible economic opportunities in this state that may result if improved forest-product marketing, and increased business dealing in or use of forest products, occurs in this state.

AB1-ASA1-AA1,54,5 7. Recommendations for increasing the economic development of the forestry industry and employment in the forestry industry.

AB1-ASA1-AA1,54,7 8. The effect of state and local governmental laws and policy on forestry management and the location of markets for forest products.

AB1-ASA1-AA1,54,10 9. Recommendations as to staffing and funding needs for forestry programs and other conservation programs related to forestry that are conducted by the state to support and enhance the development of forest resources.

AB1-ASA1-AA1,54,12 10. Recommendations as to the need to increase the public's knowledge and awareness of forestry issues.

AB1-ASA1-AA1,54,18 (b) The council on forestry shall submit the report under this subsection no later than June 1 of each odd-numbered year for distribution to the governor and to the appropriate standing committees of the legislature under s. 13.172 (3). The first report shall be submitted no later than June 1, 2005. Each report shall cover the 24-month period ending on the December 31 immediately preceding the date of the report.".

AB1-ASA1-AA1,54,19 76. Page 29, line 17: after that line insert:

AB1-ASA1-AA1,54,20 " Section 84p. 29.335 of the statutes is created to read:

AB1-ASA1-AA1,54,23 29.335 Feeding wild animals for nonhunting purposes. The department shall promulgate rules to regulate the recreational and supplemental feeding of wild animals for purposes other than hunting.".

AB1-ASA1-AA1,54,24 77. Page 29, line 17: after that line insert:

AB1-ASA1-AA1,55,1 " Section 84m. 29.053 (1) of the statutes is amended to read:

AB1-ASA1-AA1,55,3 29.053 (1) All fishing seasons on inland waters shall open on a Saturday. All fishing seasons on inland waters and outlying waters shall close on a Sunday.

AB1-ASA1-AA1,55,4 " Section 84r. 29.404 (1m) of the statutes is created to read:

AB1-ASA1-AA1,55,8 29.404 (1m) Removal date. If the department establishes by order or by rule a date no later than which a building, vehicle, tent, fish shanty, or similar shelter must be removed from the ice under the authority granted the department under sub. (1), that date shall always fall on a Sunday.

AB1-ASA1-AA1,55,10 " Section 84w. 29.591 (3) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1-ASA1-AA1,55,18 29.591 (3) Instruction fee. The department may not charge a fee for the course of instruction under the hunter education program and the bow hunter education program. The department may reimburse pay instructors for allowable costs, as determined by the department, up to $5 for each person who receives instruction from that instructor. If the amount paid to an instructor exceeds the expenses incurred by the instructor or if the instructor incurs costs that are not determined to be allowable by the department, the instructor shall refund the unused or disallowed amount to the department.".

AB1-ASA1-AA1,55,19 78. Page 29, line 17: after that line insert:

AB1-ASA1-AA1,55,20 " Section 84j. 29.001 (20) of the statutes is created to read:

AB1-ASA1-AA1,55,22 29.001 (20) "Deer" means white-tailed deer and does not include farm-raised deer.

AB1-ASA1-AA1, s. 84k Section 84k. 29.001 (22) of the statutes is created to read:

AB1-ASA1-AA1,56,2 29.001 (22) "Elk" means elk that is present in the wild and that does not have an ear tag or other mark identifying it as being raised on a farm.

AB1-ASA1-AA1, s. 84m Section 84m. 29.001 (36) of the statutes is amended to read:

AB1-ASA1-AA1,56,5 29.001 (36) "Game animals" includes means deer, moose, elk, bear, rabbits, squirrels, fox and, raccoon, and any other wild animals specified by the department.

AB1-ASA1-AA1, s. 84mb Section 84mb. 29.024 (2) (a) of the statutes is amended to read:

AB1-ASA1-AA1,56,9 29.024 (2) (a) A Except as provided in s. 29.182 (4), a hunting, trapping, or fishing approval may be issued only to and obtained only by a natural person entitled to the approval.

AB1-ASA1-AA1, s. 84md Section 84md. 29.024 (2) (d) of the statutes is amended to read:

AB1-ASA1-AA1,56,13 29.024 (2) (d) Except as provided under s. 29.182 (4) or 29.519 (2) (d) or by rule, no person may transfer his or her approval or permit the use of any approval by any other person.

AB1-ASA1-AA1, s. 84mf Section 84mf. 29.047 (1m) of the statutes is amended to read:

AB1-ASA1-AA1,56,18 29.047 (1m) Unless prohibited by the laws of an adjoining state, any person who has lawfully killed a deer or an elk in this state may take the deer or elk or its carcass into the adjoining state and ship the deer or elk or carcass from any point in the adjoining state to any point in this state.

AB1-ASA1-AA1, s. 84mh Section 84mh. 29.089 (3) of the statutes is amended to read:

AB1-ASA1-AA1,56,24 29.089 (3) A person may hunt deer, elk, wild turkeys, or small game in a state park, or in a portion of a state park, if the department has authorized by rule the hunting of that type of game in the state park, or in the portion of the state park, and if the person holds the approvals required under this chapter for hunting that type of game.

AB1-ASA1-AA1, s. 84mj Section 84mj. 29.161 of the statutes is amended to read:

AB1-ASA1-AA1,57,4 29.161 Resident small game hunting license. A resident small game hunting license shall be issued subject to s. 29.024 by the department to any resident applying for this license. The resident small game hunting license does not authorize the hunting of bear, deer, elk, or wild turkey.

AB1-ASA1-AA1, s. 84mm Section 84mm. 29.171 (2) of the statutes is amended to read:

AB1-ASA1-AA1,57,11 29.171 (2) A resident archer hunting license authorizes the hunting of all game, except bear, elk, and wild turkey, during the open seasons for hunting that game with bow and arrow established by the department. This license authorizes hunting with a bow and arrow only, unless hunting with a crossbow is authorized by a Class A, Class B, or Class C permit issued under s. 29.193 (2) or a permit issued under sub. (4).

AB1-ASA1-AA1, s. 84mp Section 84mp. 29.182 of the statutes is created to read:

AB1-ASA1-AA1,57,16 29.182 Elk hunting licenses. (1) Department authority. The department may issue elk hunting licenses and may limit the number of elk hunters and elk harvested in any area of the state. The department may establish by rule closed zones where elk hunting is prohibited.

AB1-ASA1-AA1,57,18 (2) Application. A person who applies for an elk hunting license under this section shall pay the processing fee under s. 29.553 at the time of application.

AB1-ASA1-AA1,57,23 (3) Authorization. (a) A resident elk hunting license authorizes a resident of this state to hunt elk with a firearm or bow and arrow, or with a crossbow, if the resident has a Class A, Class B, or Class C permit issued under s. 29.193 (2) that authorizes hunting with a crossbow, or if the resident has a crossbow permit issued under s. 29.171 (4) (a).

AB1-ASA1-AA1,57,25 (b) A nonresident elk hunting license authorizes a nonresident of this state to hunt elk with a firearm or with a bow and arrow.

AB1-ASA1-AA1,58,4 (4) Issuance. (a) Except as provided in pars. (c) and (d) and sub. (4m), if the department issues elk hunting licenses, the department shall issue a resident or nonresident elk hunting license to any person who applies for such a license, and who pays the fees required for the license.

AB1-ASA1-AA1,58,8 (b) In issuing resident elk hunting licenses and nonresident elk hunting licenses under this section, the department shall determine the number of licenses it will issue in a given elk hunting season and shall allocate the licenses to residents and nonresidents in the following manner:

AB1-ASA1-AA1,58,10 1. If the total number of licenses to be issued is 100 licenses or less, the licenses shall be allocated for issuance only as resident elk hunting licenses.

AB1-ASA1-AA1,58,14 2. If the number of licenses to be issued is more than 100 licenses, the first 100 licenses and 95% of the amount over 100 shall be allocated for issuance as resident elk hunting licenses and the remaining licenses shall be allocated for issuance as nonresident elk hunting licenses.

AB1-ASA1-AA1,58,21 (c) If the number of applicants for resident elk hunting licenses exceeds the number of resident elk hunting licenses that are available under par. (b), the department shall select at random the residents to be issued the licenses. If the number of applicants for resident elk hunting licenses is less than the number of resident elk hunting licenses available under par. (b), the department shall reallocate the unissued licenses to be issued as nonresident elk hunting licenses under par. (d).