Amendment ASA1-SB55

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).

SB55-ASA1, s. 684 Section 684. 23.33 (2) (p) (title) and 1. of the statutes are created to read:

SB55-ASA1,462,25 23.33 (2) (p) (title) Rules. 1. The department may promulgate rules to establish eligibility and other criteria for the appointment of agents under par. (i) 3. and to regulate the activities of these agents.

SB55-ASA1, s. 1066ar Section 1066ar. 23.33 (5m) of the statutes is created to read:

SB55-ASA1,463,3 23.33 (5m) Grant program. (a) The department shall establish a program to award grants to organizations that meet the eligibility requirements under par. (b).

SB55-ASA1,463,5 (b) To be eligible for a grant under this subsection, an organization shall meet all of the following requirements:

SB55-ASA1,463,8 1. The organization is a nonstock corporation organized in this state, is described under section 501 (c) (3) or (4) of the Internal Revenue Code, and is exempt from taxation under section 501 (a) of the Internal Revenue Code.

SB55-ASA1,463,10 2. The organization promotes the operation of all-terrain vehicles in a manner that is safe and responsible and that does not harm the environment.

SB55-ASA1,463,13 3. The organization promotes the operation of all-terrain vehicles in a manner that does not conflict with the laws, rules, and departmental policies that relate to the operation of all-terrain vehicles.

SB55-ASA1,463,16 4. The interest of the organization is limited to the recreational operation of all-terrain vehicles on all-terrain vehicle trails and other areas that are off the highways.

SB55-ASA1,463,18 5. The organization has a board of directors that has a majority of members who are representatives of all-terrain vehicle clubs.

SB55-ASA1,463,19 6. The organization provides support to all-terrain vehicle clubs.

SB55-ASA1,463,22 (c) A nonprofit organization receiving a grant under this subsection shall use the grant moneys to promote and provide support to the program established under sub. (5) by conducting activities that include all of the following:

SB55-ASA1,463,24 1. Collecting data on the recreational operation of all-terrain vehicles off the highways.

SB55-ASA1,464,2 2. Providing assistance to the department in locating, recruiting, and training instructors for the program established under sub. (5) (d).

SB55-ASA1,464,4 3. Attempting to increase participation by current and future all-terrain vehicle operators and owners in the program established under sub. (5) (d).

SB55-ASA1,464,8 4. Assisting the department of natural resources and the department of tourism in creating an outreach program to inform local communities of appropriate all-terrain vehicle use in their communities and of the economic benefits that may be gained from promoting tourism to attract all-terrain vehicle operators.

SB55-ASA1,464,13 5. Attempting to improve and maintain its relationship with the department of natural resources, the department of tourism, all-terrain vehicle dealers, all-terrain vehicle manufacturers, snowmobile clubs, as defined in s. 350.138 (1) (e), snowmobile alliances, as defined in s. 350.138 (d), and other organizations that promote the recreational operation of snowmobiles.

SB55-ASA1,464,17 6. Recruiting, assisting in the training of, and providing support to a corps of volunteers that will assist in providing instruction on the safe and responsible operation of all-terrain vehicles that is given in the field to all-terrain vehicle operators.

SB55-ASA1,464,21 7. Publishing a manual in cooperation with the department that shall be used to train volunteers in monitoring the recreational operation of all-terrain vehicles for safety issues and other issues that relate to the responsible operation of all-terrain vehicles.

SB55-ASA1,464,23 (d) The department shall pay the grants from the appropriation under s. 20.370 (5) (cx).

SB55-ASA1, s. 1066b Section 1066b. 23.41 (5) of the statutes is amended to read:

SB55-ASA1,465,14 23.41 (5) Each contract for construction work entered into by the department under this section shall be awarded on the basis of bids or competitive sealed proposals in accordance with procedures established by the department. Each contract for construction work shall be awarded to the lowest responsible bidder or the person submitting the most advantageous competitive sealed proposal as determined by the department. If the bid of the lowest responsible bidder or the proposal of the person submitting the most advantageous competitive sealed proposal is determined by the department to be in excess of the estimated reasonable value of the work or not in the public interest, the department may reject all bids or competitive sealed proposals. Every such contract is exempted from ss. 16.70 to 16.75, 16.755, 16.76, 16.767 to 16.82, 16.855, 16.87 and 16.89, but ss. 16.528, 16.754 and 16.765 apply to the contract. Every such contract involving an expenditure of $30,000 or more than $60,000 is not valid until the contract is approved by the governor.

SB55-ASA1, s. 1066c Section 1066c. 23.45 (1) (a) of the statutes is amended to read:

SB55-ASA1,465,19 23.45 (1) (a) "Approval" means any type of approval or authorization issued by the department including a license, permit, certificate, card, stamp or tag or its agents through an automated system established by the department for the issuance of approvals under s. 29.024.

SB55-ASA1, s. 1066g Section 1066g. 23.45 (1) (b) of the statutes is amended to read:

SB55-ASA1,465,24 23.45 (1) (b) "List" means information a computer generated list compiled or maintained by the department from information provided to the department by individuals who have applied for an approval or for registration and that contains the personal identifiers of 10 or more of those individuals.