Amendment AA1-ASA1-SB55

SB55-ASA1-AA1,287,17 (6) Maintenance by the district. (a) The district shall maintain the structures and the fill that are part of the project authorized under sub. (2) to ensure that the structures and fill do not impair the safety of the public.

SB55-ASA1-AA1,287,20 (b) The district shall maintain the structures and the fill that are part of the project authorized under sub. (2) so that the structures and fill remain in compliance with the requirements listed under sub. (5).

SB55-ASA1-AA1,287,24 (c) If the department determines that any structure or any fill that is part of the project authorized under sub. (2) does not comply with the requirements under sub. (5), the department may require the district to modify the structure or fill to bring it into compliance or to remove the structure or fill.

SB55-ASA1-AA1,288,2 (7) Use of structures or fill. Any structure or fill placed as part of the project authorized under sub. (2) may be used only for any of the following:

SB55-ASA1-AA1,288,3 (a) As a site for the placement of navigation aids approved by the department.

SB55-ASA1-AA1,288,5 (b) Activities to protect or improve wildlife or fish habitat, including the placement of fish or wildlife habitat structures approved by the department.

SB55-ASA1-AA1,288,6 (c) Open space for recreational activities.

SB55-ASA1-AA1,288,10 (8) Ownership. (a) The structures or fill that are part of the project authorized under sub. (2) are owned by the district. Except as provided in par. (b), the district may not transfer ownership of any structure or any fill that is part of the project authorized under sub. (2).

SB55-ASA1-AA1,288,12 (b) The district may transfer ownership of any structure or fill that is part of the project authorized under sub. (2) if all of the following apply:

SB55-ASA1-AA1,288,14 1. The district transfers ownership of the structure or fill to a public entity, as defined by the department by rule.

SB55-ASA1-AA1,288,16 2. Before transferring ownership of the structure or fill, the district obtains written approval of the transfer from the department.

SB55-ASA1-AA1,288,24 (9) Access to property. An employee or agent of the department shall have free access during reasonable hours to the structures or fill that are part of the project authorized under sub. (2) for the purpose of inspecting the structures or fill to ensure that the project is in compliance with the requirements of this section. If the department determines that any structure or any fill that is part of the project authorized under sub. (2) does not comply with the requirements of this section, the department may require the owner of the structure or fill to modify the structure or fill to bring it into compliance or to remove the structure or fill.

SB55-ASA1-AA1,289,2 (10) Exemptions. Section 30.12 does not apply to activities that are necessary for the implementation or maintenance of the project authorized under sub. (2).

SB55-ASA1-AA1, s. 1039am Section 1039am. 23.18 of the statutes is renumbered 278.18, and 278.18 (1) (a) and (b) (intro.), as renumbered, are amended to read:

SB55-ASA1-AA1,289,8 278.18 (1) (a) Advise the department, the department of fish, wildlife, parks, and forestry, the governor and the legislature on matters relating to the environmental, recreational and economic revitalization of the Milwaukee River basin.

SB55-ASA1-AA1,289,10 (b) (intro.) Assist the department and the department of fish, wildlife, parks, and forestry to:".

SB55-ASA1-AA1,289,11 591. Page 450, line 14: after that line insert:

SB55-ASA1-AA1,289,12 " Section 1039bn. 23.197 (2) (a) of the statutes is amended to read:

SB55-ASA1-AA1,289,18 23.197 (2) (a) From the appropriation under s. 20.866 (2) (ta) or (tz) or both, the department shall provide funding to the city of Fort Atkinson for the restoration of a river wall along the Rock River. The amount provided by the department may not exceed the amount that equals the matching contribution made for the river wall by the city of Fort Atkinson or $96,500, whichever is less. The requirements for matching contributions under s. 30.277 23.0944 (5) shall apply.".

SB55-ASA1-AA1,289,19 592. Page 451, line 18: delete lines 18 to 24.

SB55-ASA1-AA1,289,20 593. Page 453, line 7: after that line insert:

SB55-ASA1-AA1,289,21 " Section 1039t. 23.197 (9) of the statutes is created to read:

SB55-ASA1-AA1,290,3 23.197 (9) Prairie River restoration. From the appropriation under s. 20.866 (2) (ta), the department shall provide funding to the city of Merrill in the amount of $493,500 for a project to restore an area on the exposed bed of the former flowage on the Prairie River. For the purposes of s. 23.0917, moneys provided under this subsection from the appropriation under s. 20.866 (2) (ta) shall be treated as moneys obligated under the subprogram for property development and local assistance.".

SB55-ASA1-AA1,290,4 594. Page 453, line 17: after that line insert:

SB55-ASA1-AA1,290,5 " Section 1040m. 23.235 (3) of the statutes is amended to read:

SB55-ASA1-AA1,290,9 23.235 (3) The department may conduct research on the control of nuisance weeds. The secretaries of natural resources fish, wildlife, parks, and forestry and of agriculture, trade and consumer protection may authorize any person to plant or cultivate nuisance weeds for the purpose of controlled experimentation.".

SB55-ASA1-AA1,290,10 595. Page 458, line 8: after that line insert:

SB55-ASA1-AA1,290,11 " Section 1045Lc. 23.30 (3) (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,290,16 23.30 (3) Natural resources Fish, wildlife, parks, and forestry board. (intro.) The natural resources fish, wildlife, parks, and forestry board is the body through which all governmental agencies and nongovernmental agencies may coordinate their policies, plans and activities with regard to Wisconsin outdoor recreation resources. To this end it shall:

SB55-ASA1-AA1, s. 1045Lf Section 1045Lf. 23.31 (1) (a) of the statutes is amended to read:

SB55-ASA1-AA1,290,22 23.31 (1) (a) To provide and develop recreation resources facilities within this state, the natural resources fish, wildlife, parks, and forestry board, subject to the limits provided in s. 20.866 (2) (tp), (ts) and (tt), may direct that state debt be contracted for providing recreation resources facilities or making additions to existing recreation resources facilities.

SB55-ASA1-AA1, s. 1045Lh Section 1045Lh. 23.31 (1) (b) of the statutes is amended to read:

SB55-ASA1-AA1,291,9 23.31 (1) (b) With their its biennial budget request to the department of administration, the natural resources fish, wildlife, parks, and forestry board shall include its request and plan for recreational acquisition and development funding under s. 23.30. This plan shall be approved by the governor and shall contain the policies regarding the priority types of land to be acquired and the nature and categories of the developments to be undertaken. Changes in priority types of land to be acquired and in categories of developments may not be made without approval of the governor. Any deviation which the governor approves shall be reviewed by the joint committee on finance.

SB55-ASA1-AA1, s. 1045Lj Section 1045Lj. 23.32 of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 278.32.

SB55-ASA1-AA1, s. 1045Ln Section 1045Ln. 23.325 (2) (a) of the statutes is amended to read:

SB55-ASA1-AA1,291,15 23.325 (2) (a) After consultation with the department of transportation and the state cartographer, the department of natural resources fish, wildlife, parks, and forestry shall select the photographic products to be sold.

SB55-ASA1-AA1, s. 1045Lp Section 1045Lp. 23.325 (3) of the statutes is amended to read:

SB55-ASA1-AA1,291,18 23.325 (3) The department of natural resources fish, wildlife, parks, and forestry may sell and may enter into contracts to sell the photographic products.

SB55-ASA1-AA1, s. 1045Lr Section 1045Lr. 23.325 (4) of the statutes is amended to read:

SB55-ASA1-AA1,291,23 23.325 (4) All income received by the department of natural resources fish, wildlife, parks, and forestry and the department of transportation from the sale of the photographic products, less the amount retained by the department of transportation under s. 85.10, shall be deposited in the conservation fund.".

SB55-ASA1-AA1,291,24 596. Page 458, line 8: after that line insert:

SB55-ASA1-AA1,292,1 " Section 1043m. 23.257 of the statutes is created to read:

SB55-ASA1-AA1,292,5 23.257 Geographic information systems. Notwithstanding s. 16.705 (1), if the department provides geographic information systems mapping services on or after July 1, 2002, it shall enter into a contract with a private entity to provide those services.".

SB55-ASA1-AA1,292,6 597. Page 458, line 8: after that line insert:

SB55-ASA1-AA1,292,7 " Section 1043m. 23.257 of the statutes is created to read:

SB55-ASA1-AA1,292,10 23.257 Departmental regions. If the department divides the state into regions for the purpose of managing its functions, it shall include all of Crawford and Vernon counties in the region that covers the west central part of the state.".

SB55-ASA1-AA1,292,11 598. Page 461, line 21: after that line insert:

SB55-ASA1-AA1,292,13 " Section 1065d. 23.33 (2) (o) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

SB55-ASA1-AA1,292,16 23.33 (2) (o) Receipt of fees. All fees remitted to or collected by the department under par. (ir) shall be credited to the appropriation account under s. 20.370 (9) (hu) (1) (hw).".

SB55-ASA1-AA1,292,17 599. Page 463, line 23: after that line insert:

SB55-ASA1-AA1,292,19 " Section 1066arb. 23.33 (5m) (c) 4. and 5. of the statutes, as created by 2001 Wisconsin Act .... (this act), are amended to read:

SB55-ASA1-AA1,292,24 23.33 (5m) (c) 4. Assisting the department of natural resources fish, wildlife, parks, and forestry 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-AA1,293,5 5. Attempting to improve and maintain its relationship with the department of natural resources fish, wildlife, parks, and forestry, 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-AA1, s. 1066as Section 1066as. 23.33 (9) (a) of the statutes is amended to read:

SB55-ASA1-AA1,293,11 23.33 (9) (a) Enforcement. The department may utilize moneys received under sub. (2) for all-terrain vehicle registration aids administration and for the purposes specified under s. 20.370 (3) (1) (as) and (5) (er) including costs associated with enforcement, safety education, accident reports and analysis, law enforcement aids to counties, and other similar costs in administering and enforcing this section.

SB55-ASA1-AA1, s. 1066at Section 1066at. 23.38 (1) of the statutes is amended to read:

SB55-ASA1-AA1,293,18 23.38 (1) The department shall maintain a toll-free telephone number at department headquarters to receive reports of violations of any statute or administrative rule that the department enforces or administers. The department shall relay these reports to the appropriate conservation warden or officer for investigation and enforcement action. The department shall publicize the toll-free telephone number as widely as possible in the state.

SB55-ASA1-AA1, s. 1066au Section 1066au. 23.39 of the statutes is created to read:

SB55-ASA1-AA1,293,23 23.39 Financial interest prohibited. The secretary and any other person in a position of administrative responsibility in the department may not have a financial interest in any enterprise which might profit by weak or preferential administration or enforcement of the powers and duties of the department.

SB55-ASA1-AA1, s. 1066av Section 1066av. 23.40 (3) (d) of the statutes is amended to read:

SB55-ASA1-AA1,294,5 23.40 (3) (d) Except as provided in par. (e), the The department shall deposit any environmental impact statement fee in the general fund and shall designate clearly the amount of the fee related to the cost of authorized environmental consultant services and the amount of the fee related to the cost of printing and postage.

SB55-ASA1-AA1, s. 1066aw Section 1066aw. 23.40 (3) (e) of the statutes is repealed.

SB55-ASA1-AA1, s. 1066ax Section 1066ax. 23.41 (1) (intro.) and (b) of the statutes are consolidated, renumbered 23.41 (1) and amended to read:

SB55-ASA1-AA1,294,11 23.41 (1) In this section: (b) "Environmental "environmental consultant services" includes services provided by environmental scientists, engineers and other experts.

SB55-ASA1-AA1, s. 1066ay Section 1066ay. 23.41 (1) (a) of the statutes is repealed.

SB55-ASA1-AA1, s. 1066az Section 1066az. 23.41 (2) of the statutes is repealed.".

SB55-ASA1-AA1,294,14 600. Page 463, line 23: after that line insert:

SB55-ASA1-AA1,294,15 " Section 1066av. 23.33 (7m) of the statutes is created to read:

SB55-ASA1-AA1,294,24 23.33 (7m) Reporting requirement. The department shall submit an annual report to the joint legislative audit committee on how the increase in conservation warden positions under 2001 Wisconsin Act .... (this act), that provide additional state law enforcement functions related to all-terrain vehicles has benefited the department's efforts to enforce the laws relating to the operation of all-terrain vehicles and to educate the public on these laws. The department shall submit this report no later than August 15 of each year and shall submit the first report no later than August 15, 2002. The report shall cover the fiscal year ending on the June 30 that immediately precedes the date of the report.".

SB55-ASA1-AA1,295,1 601. Page 464, line 14: after that line insert:

SB55-ASA1-AA1,295,3 " Section 1066bb. 23.41 (5) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is repealed.

SB55-ASA1-AA1, s. 1066bd Section 1066bd. 23.41 (5m) of the statutes is repealed.

SB55-ASA1-AA1, s. 1066bg Section 1066bg. 23.42 of the statutes is renumbered 278.42.

SB55-ASA1-AA1, s. 1066bj Section 1066bj. 23.425 (title), (1) and (2) (a) of the statutes are renumbered 278.425 (title), (1) and (2).

SB55-ASA1-AA1, s. 1066bm Section 1066bm. 23.425 (2) (b) of the statutes is renumbered 23.425 and amended to read:

SB55-ASA1-AA1,295,13 23.425 MacKenzie center. The fees collected by the department under par. (a) may collect fees for the use of the MacKenzie environmental center. The fees shall be deposited in the general fund and credited to the appropriation under s. 20.370 (9) (1) (gb).".

SB55-ASA1-AA1,295,14 602. Page 466, line 6: after that line insert:

SB55-ASA1-AA1,295,16 " Section 1066yb. 23.47 of the statutes, as created by 2001 Wisconsin Act .... (this act), is amended to read:

SB55-ASA1-AA1,295,22 23.47 Payments for department of tourism programs and activities. The department of natural resources fish, wildlife, parks, and forestry may not expend any moneys appropriated from the conservation fund to the department of natural resources fish, wildlife, parks, and forestry under s. 20.370 to pay, in whole or in part, for a program operated, or an activity conducted, by the department of tourism.".

SB55-ASA1-AA1, s. 1067b Section 1067b. 23.50 (1) of the statutes is amended to read:

SB55-ASA1-AA1,296,13 23.50 (1) The procedure in ss. 23.50 to 23.85 applies to all actions in circuit court to recover forfeitures, penalty assessments, jail assessments, applicable weapons assessments, applicable environmental assessments, applicable wild animal protection assessments, applicable natural resources assessments, applicable fishing shelter removal assessments, applicable snowmobile registration restitution payments and applicable natural resources restitution payments for violations of ss. 77.09, 134.60, 167.10 (3), and 167.31 (2), 281.48 (2) to (5), 283.33, 285.57 (2), 285.59 (2), (3) (c) and (4), 287.07, 287.08, 287.81 and 299.64 (2) subchs. IV and V of ch. 30, subch. VI of ch. 77, this chapter and chs. 26 to 31 29 and of ch. 350, and any administrative rules promulgated thereunder, violations specified under s. 285.86, violations of rules of the Kickapoo reserve management board under s. 41.41 (7) (k) or violations of local ordinances enacted by any local authority in accordance with s. 23.33 (11) (am) or 30.77.

SB55-ASA1-AA1, s. 1068b Section 1068b. 23.50 (2) of the statutes is amended to read:

SB55-ASA1-AA1,296,22 23.50 (2) All actions to recover these forfeitures, penalty assessments, jail assessments, applicable weapons assessments, applicable environmental assessments, applicable wild animal protection assessments, applicable natural resources assessments, applicable fishing shelter removal assessments, applicable snowmobile registration restitution payments and applicable natural resources restitution payments are civil actions in the name of the state of Wisconsin, shall be heard in the circuit court for the county where the offense occurred, and shall be recovered under the procedure set forth in ss. 23.50 to 23.85.

SB55-ASA1-AA1, s. 1068r Section 1068r. 23.51 (3c) of the statutes is repealed.

SB55-ASA1-AA1, s. 1072b Section 1072b. 23.53 (1) of the statutes is amended to read:

SB55-ASA1-AA1,297,16 23.53 (1) The citation created under this section shall, in all actions to recover forfeitures, penalty assessments, jail assessments, applicable weapons assessments, applicable environmental assessments, applicable wild animal protection assessments, applicable natural resources assessments, applicable fishing shelter removal assessments, applicable snowmobile registration restitution payments and applicable natural resources restitution payments for violations of those statutes enumerated in s. 23.50 (1), any administrative rules promulgated thereunder, and any rule of the Kickapoo reserve management board under s. 41.41 (7) (k) be used by any law enforcement officer with authority to enforce those laws, except that the uniform traffic citation created under s. 345.11 may be used by a traffic officer employed under s. 110.07 in enforcing s. 167.31 or by an officer of a law enforcement agency of a municipality or county or a traffic officer employed under s. 110.07 in enforcing s. 287.81. In accordance with s. 345.11 (1m), the citation shall not be used for violations of ch. 350 relating to highway use. The citation may be used for violations of local ordinances enacted by any local authority in accordance with s. 23.33 (11) (am) or 30.77.

SB55-ASA1-AA1, s. 1073b Section 1073b. 23.54 (3) (e) of the statutes is amended to read:

SB55-ASA1-AA1,297,24 23.54 (3) (e) The maximum forfeiture, penalty assessment, jail assessment, crime laboratories and drug law enforcement assessment, applicable weapons assessment, applicable environmental assessment, applicable wild animal protection assessment, applicable natural resources assessment, applicable fishing shelter removal assessment, applicable snowmobile registration restitution payment and applicable natural resources restitution payment for which the defendant might be found liable.

SB55-ASA1-AA1, s. 1074b Section 1074b. 23.54 (3) (i) of the statutes is amended to read: