Amendment ASA1-SB55

SB55-ASA1,454,25 (d) "Cultivate" means to intentionally maintain the growth or existence of.

SB55-ASA1,455,2 (e) "Distribute" means to sell, offer to sell, distribute for no consideration, or offer to distribute for no consideration.

SB55-ASA1,455,3 (f) "Introduce" means to plant, cultivate, stock, or release.

SB55-ASA1,455,5 (g) "Invasive aquatic plant" means an aquatic plant that is designated under sub. (2) (b) 1.

SB55-ASA1,455,6 (h) "Manage" means to introduce or control.

SB55-ASA1,455,7 (i) "Native" means indigenous to the waters of this state.

SB55-ASA1,455,8 (j) "Nonnative" means not indigenous to the waters of this state.

SB55-ASA1,455,10 (k) "Waters of this state" means any surface waters within the territorial limits of this state.

SB55-ASA1,455,12 (2) Program established. (a) The department shall establish a program for the waters of this state to do all of the following:

SB55-ASA1,455,13 1. Protect and develop diverse and stable communities of native aquatic plants.

SB55-ASA1,455,14 2. Regulate how aquatic plants are managed.

SB55-ASA1,455,15 3. Provide education and conduct research concerning invasive aquatic plants.

SB55-ASA1,455,17 (b) Under the program implemented under par. (a), the department shall do all of the following:

SB55-ASA1,455,24 1. Designate by rule which aquatic plants are invasive aquatic plants for purposes of this section. The department shall designate Eurasian water milfoil, curly leaf pondweed, and purple loosestrife as invasive aquatic plants and may designate any other aquatic plant as an invasive aquatic plant if it has the ability to cause significant adverse change to desirable aquatic habitat, to significantly displace desirable aquatic vegetation, or to reduce the yield of products produced by aquaculture.

SB55-ASA1,456,2 2. Administer and establish by rule procedures and requirements for the issuing of aquatic plants management permits required under sub. (3).

SB55-ASA1,456,4 (c) The requirements promulgated under par. (b) 2. may specify any of the following:

SB55-ASA1,456,6 1. The quantity of aquatic plants that may be managed under an aquatic plant management permit.

SB55-ASA1,456,8 2. The species of aquatic plants that may be managed under an aquatic plant management permit.

SB55-ASA1,456,10 3. The areas in which aquatic plants may be managed under an aquatic plant management permit.

SB55-ASA1,456,12 4. The methods that may be used to manage aquatic plants under an aquatic plant management permit.

SB55-ASA1,456,14 5. The times during which aquatic plants may be managed under an aquatic plant management permit.

SB55-ASA1,456,16 6. The allowable methods for disposing or using aquatic plants that are removed or controlled under an aquatic plant management permit.

SB55-ASA1,456,18 7. The requirements for plans that the department may require under sub. (3) (b).

SB55-ASA1,456,21 (3) Permits. (a) Unless a person has a valid aquatic plant management permit issued under the program established under sub. (2), no person may do any of the following:

SB55-ASA1,456,22 1. Introduce nonnative aquatic plants into waters of this state.

SB55-ASA1,456,23 2. Manually remove aquatic plants from navigable waters.

SB55-ASA1,456,24 3. Control aquatic plants in waters of this state by the use of chemicals.

SB55-ASA1,457,3 4. Control aquatic plants in navigable waters by introducing biological agents, by using a process that involves dewatering, desiccation, burning, or freezing, or by using mechanical means.

SB55-ASA1,457,6 (b) The department may require that an application for an aquatic plant management permit contain a plan for the department's approval as to how the aquatic plants will be introduced, removed, or controlled.

SB55-ASA1,457,10 (c) The department may promulgate a rule to establish fees for aquatic plant management permits. Under the rule, the department may establish a different fee for an aquatic plant management permit to manage aquatic plants that are located in a body of water that is entirely confined on the property of one property owner.

SB55-ASA1,457,11 (4) Exemptions from permits. (a) In this subsection:

SB55-ASA1,457,15 1. "Local governmental unit" means a political subdivision of this state, a special purpose district in this state, an instrumentality or corporation of the political subdivision or special purpose district, or a combination or subunit of any of the foregoing.

SB55-ASA1,457,18 2. "State agency" means any office, department, independent agency, or attached board or commission within the executive branch of state government, or any special purpose authority created by statute.

SB55-ASA1,457,19 (b) The permit requirement under sub. (3) does not apply to any of the following:

SB55-ASA1,457,21 1. A person who manually removes aquatic plants from privately owned stream beds with the permission of the landowner.

SB55-ASA1,457,23 2. A person who engages in an activity listed under sub. (3) (a) in the course of harvesting wild rice as authorized under s. 29.607.

SB55-ASA1,457,25 3. A person who engages in an activity listed under sub. (3) (a) in the course of operating a fish farm as authorized under s. 95.60.

SB55-ASA1,458,2 (c) The department may promulgate a rule to waive the permit requirement under sub. (3) (a) 2. for any of the following:

SB55-ASA1,458,4 1. A person who owns property on which there is a body of water that is entirely confined on the property of that person.

SB55-ASA1,458,7 2. A riparian owner who manually removes aquatic plants from a body of water that abuts the owner's property provided that the removal does not interfere with the rights of other riparian owners.

SB55-ASA1,458,8 3. A person who is controlling purple loosestrife.

SB55-ASA1,458,10 4. A person who uses chemicals in a body of water for the purpose of controlling bacteria on bathing beaches.

SB55-ASA1,458,12 5. A person who uses chemicals on plants to prevent the plants from interfering with the use of water for drinking purposes.

SB55-ASA1,458,14 6. A state agency or a local governmental unit that uses a chemical treatment in a body of water for the purpose of protecting the public health.

SB55-ASA1,458,16 (5) Distribution prohibited. No person may distribute an invasive aquatic plant.

SB55-ASA1,458,18 (6) Penalties. (a) Except as provided in par. (b), any person who violates sub. (3) shall forfeit not more than $200.

SB55-ASA1,458,22 (b) A person who violates sub. (3) and who, within 5 years before the arrest of the current conviction, was previously convicted of a violation of sub. (3) shall forfeit not less than $700 nor more than $2,000 or shall be imprisoned for not less than 6 months nor more than 9 months or both.

SB55-ASA1,459,2 (c) The court may order a person who is convicted under par. (b) to abate any nuisance caused by the violation, restore any natural resource damaged by the violation, or take other appropriate action to eliminate or minimize any environmental damage caused by the violation.

SB55-ASA1,459,3 (d) A person who violates sub. (5) shall forfeit not more than $100.

SB55-ASA1, s. 1042k Section 1042k. 23.255 of the statutes is created to read:

SB55-ASA1,459,8 23.255 Geographical management units. If the department divides the state into geographical units for the purpose of managing its functions, the department shall include the LaCrosse-Bad Axe Watershed and the Kickapoo River Watershed in the same geographical unit.

SB55-ASA1, s. 1045m Section 1045m. 23.33 (1) (bc) of the statutes is created to read:

SB55-ASA1,459,11 23.33 (1) (bc) "All-terrain vehicle club" means a club consisting of individuals that promotes the recreational use of all-terrain vehicles.

SB55-ASA1, s. 664 Section 664. 23.33 (1) (g) of the statutes is repealed.

SB55-ASA1, s. 665 Section 665. 23.33 (1) (jn) of the statutes is created to read:

SB55-ASA1,459,15 23.33 (1) (jn) "Registration documentation" means an all-terrain vehicle registration certificate, a validated registration receipt, or a registration decal.

SB55-ASA1, s. 666 Section 666. 23.33 (1) (o) of the statutes is created to read:

SB55-ASA1,459,19 23.33 (1) (o) "Validated registration receipt" means a receipt issued by the department or an agent under sub. (2) (ig) 1. a. that shows that an application and the required fees for a registration certificate has been submitted to the department.

SB55-ASA1, s. 667 Section 667. 23.33 (2) (a) of the statutes is amended to read:

SB55-ASA1,460,4 23.33 (2) (a) Requirement. No person may operate and no owner may give permission for the operation of an all-terrain vehicle within this state unless the all-terrain vehicle is registered for public use or for private use under this subsection or sub. (2g), is exempt from registration, or is operated with a reflectorized plate attached in the manner specified under par. (dm) 3. No person may operate and no owner may give permission for the operation of an all-terrain vehicle on a public all-terrain vehicle route or trail unless the all-terrain vehicle is registered for public use under this subsection or sub. (2g), is exempt from registration or is operated with a reflectorized plate attached in the manner specified under par. (dm) 3.

SB55-ASA1, s. 668 Section 668. 23.33 (2) (d) of the statutes is amended to read:

SB55-ASA1,460,9 23.33 (2) (d) Registration; private use; fee. An all-terrain vehicle used exclusively for agricultural purposes or used exclusively on private property may be registered for private use. The fee for the issuance or renewal of a registration certificate for private use is $6.

SB55-ASA1, s. 669 Section 669. 23.33 (2) (dm) 4. of the statutes is created to read:

SB55-ASA1,460,12 23.33 (2) (dm) 4. Paragraphs (i), (ig), and (ir) do not apply to commercial all-terrain vehicle certificates or reflectorized plates.

SB55-ASA1, s. 670 Section 670. 23.33 (2) (h) (title) of the statutes is repealed.

SB55-ASA1, s. 671 Section 671. 23.33 (2) (h) of the statutes is renumbered 23.33 (2) (p) 2. and amended to read:

SB55-ASA1,460,17 23.33 (2) (p) 2. The department shall may establish by rule additional procedures and requirements for all-terrain vehicle registration.

SB55-ASA1, s. 672 Section 672. 23.33 (2) (i) (intro.) of the statutes is amended to read:

SB55-ASA1,460,22 23.33 (2) (i) Registration; appointment of agents issuers. (intro.) For the issuance of all-terrain vehicle registration certificates original or duplicate registration documentation and for the transfer or renewal of registration documentation, the department may do any of the following:

SB55-ASA1, s. 673 Section 673. 23.33 (2) (i) 1. of the statutes is amended to read:

SB55-ASA1,460,25 23.33 (2) (i) 1. Directly issue the certificates, transfer, or renew the registration documentation with or without using the expedited service specified in par. (ig) 1.

SB55-ASA1, s. 674 Section 674. 23.33 (2) (i) 2. of the statutes is repealed.

SB55-ASA1, s. 675 Section 675. 23.33 (2) (i) 3. of the statutes is amended to read:

SB55-ASA1,461,6 23.33 (2) (i) 3. Appoint persons who are not employees of the department as agents of the department to issue the certificate as agents of the department, transfer, or renew the registration documentation using either or both of the expedited services specified in par. (ig) 1.

SB55-ASA1, s. 676 Section 676. 23.33 (2) (ig) of the statutes is created to read:

SB55-ASA1,461,12 23.33 (2) (ig) Registration; methods of issuance. 1. For the issuance of original or duplicate registration documentation and for the transfer or renewal of registration documentation, the department may implement either or both of the following expedited procedures to be provided by the department and any agents appointed under par. (i) 3.:

SB55-ASA1,461,16 a. A noncomputerized procedure under which the department or agent may accept applications for registration certificates and issue a validated registration receipt at the time the applicant submits the application accompanied by the required fees.

SB55-ASA1,461,20 b. A computerized procedure under which the department or agent may accept applications for registration documentation and issue to each applicant all or some of the items of the registration documentation at the time the applicant submits the application accompanied by the required fees.

SB55-ASA1,462,2 2. Under either procedure under subd. 1., the applicant shall receive any remaining items of registration documentation directly from the department at a later date. The items of registration documentation issued at the time of the submittal of the application under either procedure shall be sufficient to allow the all-terrain vehicle for which the application is submitted to be operated in compliance with the registration requirements under this subsection.

SB55-ASA1, s. 677 Section 677. 23.33 (2) (ir) of the statutes is created to read:

SB55-ASA1,462,7 23.33 (2) (ir) Fees. 1. In addition to the applicable fee under par. (c), (d), or (e), each agent appointed under par. (i) 3. shall collect an expedited service fee of $3 each time the agent issues a validated registration receipt under par. (ig) 1. a. The agent shall retain the entire amount of each expedited service fee the agent collects.

SB55-ASA1,462,11 2. In addition to the applicable fee under par. (c), (d), or (e), the department or the agent appointed under par. (i) 3. shall collect an expedited service fee of $3 each time the expedited service under par. (ig) 1. b. is provided. The agent shall remit to the department $1 of each expedited service fee the agent collects.

SB55-ASA1, s. 678 Section 678. 23.33 (2) (j) of the statutes is repealed.

SB55-ASA1, s. 679 Section 679. 23.33 (2) (k) of the statutes is repealed.

SB55-ASA1, s. 680 Section 680. 23.33 (2) (L) of the statutes is repealed.

SB55-ASA1, s. 681 Section 681. 23.33 (2) (m) of the statutes is repealed.

SB55-ASA1, s. 682 Section 682. 23.33 (2) (n) of the statutes is repealed.

SB55-ASA1, s. 683 Section 683. 23.33 (2) (o) of the statutes is amended to read:

SB55-ASA1,462,21 23.33 (2) (o) Renewals; remittal Receipt of fees. An agent appointed under par. (m) shall remit to the department $2 of each $3 fee collected under par. (n). Any All fees remitted to or collected by the department under par. (L) or (n) (ir) shall be credited to the appropriation account under s. 20.370 (9) (hu).