Amendment AA1-ASA1-SB55

SB55-ASA1-AA1,278,3 23.10 (1) The department of natural resources shall secure the enforcement of all laws which it is required to administer and bring, or cause to be brought, actions and proceedings in the name of the state for that purpose. The persons appointed by said department to exercise and perform the powers and duties heretofore conferred and imposed upon deputy fish and game wardens, shall be known as conservation wardens and shall be subject to ch. 230.

SB55-ASA1-AA1, s. 1038cd Section 1038cd. 23.10 (1m) of the statutes is created to read:

SB55-ASA1-AA1,278,13 23.10 (1m) The department shall designate a conservation warden as the chief warden, who shall serve outside of the classified service. The department may designate one or more deputy chief wardens. The chief warden shall have the duty to direct, supervise, and control conservation wardens in the performance of their duties under sub. (1) and s. 29.921. The chief warden shall designate an employee of the department as an internal affairs officer to investigate complaints against conservation wardens when the chief warden determines an investigation is necessary and shall designate an employee of the department as a complaint officer to resolve complaints against conservation wardens.

SB55-ASA1-AA1, s. 1038cg Section 1038cg. 23.10 (4) of the statutes is amended to read:

SB55-ASA1-AA1,278,17 23.10 (4) All conservation wardens shall, before exercising any of their powers, be provided with a commission issued by the department of natural resources under its seal, substantially as follows:

SB55-ASA1-AA1,278,19 State of Wisconsin Department of Natural Resources Fish,Wildlife, Parks, and Forestry.

SB55-ASA1-AA1,278,20 To all to whom these presents shall come, greeting:

SB55-ASA1-AA1,279,2 Know ye, that reposing special trust and confidence in the integrity and ability of ...., of the county of ...., we do hereby appoint and constitute .... a conservation warden (or county, or special conservation warden) for the (county of ....), state of Wisconsin, and do authorize and empower .... to execute and fulfill the duties of that office according to law, during good behavior and the faithful performance of the duties of that office.

SB55-ASA1-AA1,279,5 In testimony whereof, the secretary has hereunto affixed the secretary's signature and the official seal of the department, at its office in the city of Madison, Wisconsin, this .... day of ...., .... (year)

SB55-ASA1-AA1,279,6 (Seal) State of Wisconsin

SB55-ASA1-AA1,279,7 Department of Natural Resources Fish, Wildlife, Parks, and Forestry.

SB55-ASA1-AA1,279,8 By .... ....

SB55-ASA1-AA1, s. 1038cj Section 1038cj. 23.10 (5) of the statutes is amended to read:

SB55-ASA1-AA1,279,23 23.10 (5) The department of natural resources shall furnish to each conservation warden at the time of the warden's appointment, a pocket identification folder in form and substance as follows: A leather-covered folder, size when folded, 3 by 4 inches; on one of the inner sides thereof shall be securely fastened a photograph of such appointee to be furnished by the appointee, and partly on the photograph and partly on the margin of such folder shall be an impression of the seal of the department of natural resources; such appointee shall also affix the appointee's signature below the photograph on such folder; on the other inner side of such folder shall be securely fastened a miniature true copy of the commission issued to such appointee, which shall be signed by the secretary. The appointee shall carry the identification folder on his or her person at all times that the appointee is on official duty, and the appointee shall on demand exhibit the same to any person to whom the appointee may represent himself or herself as a conservation warden. The cost of such identification folder shall be charged to the appropriation for the department.

SB55-ASA1-AA1, s. 1038cm Section 1038cm. 23.117 (4) of the statutes is amended to read:

SB55-ASA1-AA1,280,6 23.117 (4) Any council that is created by the natural resources fish, wildlife, parks, and forestry board under s. 15.04 (1) (c) to advise the department on the opening of trails in state parks and in the Kettle Moraine state forest State Forest for use by bicycles shall have its recommendations regarding such that use reviewed and approved by the natural resources fish, wildlife, parks, and forestry board before they are implemented.

SB55-ASA1-AA1, s. 1038cp Section 1038cp. 23.12 of the statutes is amended to read:

SB55-ASA1-AA1,280,11 23.12 Bylaws. Said natural resources The fish, wildlife, parks, and forestry board may make and establish such rules and bylaws, not inconsistent with law, as it deems useful to itself and its subordinates in the conduct of the business entrusted to it.".

SB55-ASA1-AA1,280,12 584. Page 448, line 14: after that line insert:

SB55-ASA1-AA1,280,13 " Section 1038b. 23.113 of the statutes is created to read:

SB55-ASA1-AA1,280,18 23.113 Chief state forester. The secretary shall designate an employee of the department to serve as the department's chief state forester. The chief state forester shall have received a bachelor's or higher degree from a school of forestry with a curriculum accredited by the Society of American Foresters in the management of forest resources.".

SB55-ASA1-AA1,280,19 585. Page 448, line 14: after that line insert:

SB55-ASA1-AA1,280,20 " Section 1038bg. 23.118 of the statutes is created to read:

SB55-ASA1-AA1,281,2 23.118 Signs required. If the department acquires an easement that provides the public with access to a body of water for the purpose of fishing, the department shall place a sign on the property where the easement is located that informs the public that the easement allows the public access to the body of water for the purpose of fishing.".

SB55-ASA1-AA1,281,3 586. Page 448, line 14: after that line insert:

SB55-ASA1-AA1,281,4 " Section 1038am. 23.10 (1m) of the statutes is created to read:

SB55-ASA1-AA1,281,14 23.10 (1m) The department shall designate a conservation warden as the chief warden. The chief warden shall have the duty to direct, supervise, and control conservation wardens in the performance of their duties under sub. (1) and s. 29.921. The department shall require that each conservation warden designated as a supervisor devote one-half of his or her time to supervisory activities and one-half of his or her time to enforcement activities. If the department divides the state into geographical units for the purpose of managing its functions, the department shall assign each conservation warden designated as a supervisor to a geographical unit. The department shall ensure that those assignments are made in such a manner as to address the specific enforcement needs of each geographical unit.".

SB55-ASA1-AA1,281,15 587. Page 449, line 3: after that line insert:

SB55-ASA1-AA1,281,17 " Section 1038db. 23.125 of the statutes, as created by 2001 Wisconsin Act .... (this act), is renumbered 278.125 and, as renumbered, is amended to read:

SB55-ASA1-AA1,281,23 278.125 Natural resources Environmental management board member conflicts of interest. (1) If a member of the natural resources environmental management board is the holder of a permit or license issued by the department under chs. 280 to 299, that member may not engage in a discussion at a board meeting or participate in a board decision on any matter that substantially relates to the permit or license.

SB55-ASA1-AA1,282,8 (2) If a member of the natural resources environmental management board receives, or has during the previous 2 years received, a significant portion of his or her income directly or indirectly from a holder of or applicant for a permit or license issued by the department under chs. 280 to 299, that member may not engage in a discussion at a board meeting or participate in a board decision on any matter that substantially relates to the permit or license, except that this restriction does not apply with respect to a permit or license held or applied for by an agency, department, or subdivision of this state.

SB55-ASA1-AA1, s. 1038f Section 1038f. 23.13 of the statutes is amended to read:

SB55-ASA1-AA1,282,13 23.13 Governor to be informed. The board of commissioners of public lands and the department of natural resources shall furnish to the governor upon the governor's request a copy of any paper, document or record in their respective offices and give the governor orally such information as the governor may call for.".

SB55-ASA1-AA1,282,14 588. Page 449, line 6: after that line insert:

SB55-ASA1-AA1,282,15 " Section 1038p. 23.14 (1m) of the statutes is created to read:

SB55-ASA1-AA1,282,19 23.14 (1m) Prior to the acquisition of any land, or interest in land, by the department, the department shall notify in writing each city, village, or town, and each county, in which the land or interest in land is located at least 60 days before the department completes the acquisition.".

SB55-ASA1-AA1,282,20 589. Page 449, line 17: after that line insert:

SB55-ASA1-AA1,282,21 " Section 1038t. 23.15 (title) of the statutes is amended to read:

SB55-ASA1-AA1,282,23 23.15 (title) Sale of state-owned lands under the jurisdiction of the department of natural resources.

SB55-ASA1-AA1, s. 1038td Section 1038td. 23.15 (1) of the statutes is amended to read:

SB55-ASA1-AA1,283,6 23.15 (1) The natural resources fish, wildlife, parks, forestry board may sell, at public or private sale, lands and structures owned by the state under the jurisdiction of the department of natural resources when the natural resources fish, wildlife, parks, and forestry board determines that said those lands are no longer necessary for the state's use for conservation purposes and, if real property, the real property is not the subject of a petition under s. 16.375 (2).

SB55-ASA1-AA1, s. 1038tf Section 1038tf. 23.15 (2) of the statutes is amended to read:

SB55-ASA1-AA1,283,15 23.15 (2) Said natural resources The fish, wildlife, parks, and forestry board shall present to the governor a full and complete report of the lands to be sold, the reason for the sale, the price for which said the lands should be sold together with an application for the sale of the same lands. The governor shall thereupon make such any investigation as that the governor deems considers necessary respecting said the lands to be sold and approve or disapprove such the application. If the governor shall approve approves the same application, a permit shall be issued by the governor for such the sale on the terms set forth in the application.

SB55-ASA1-AA1, s. 1038tg Section 1038tg. 23.15 (2m) (a) (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,283,21 23.15 (2m) (a) (intro.) Notwithstanding sub. (1), the natural resources fish, wildlife, parks, and forestry board shall sell, at fair market value, land in the lower Wisconsin state riverway, as defined in s. 30.40 (15), that is not exempt under s. 30.48 (2) and that is acquired by the department after August 9, 1989, if all of the following conditions are met:

SB55-ASA1-AA1, s. 1038tj Section 1038tj. 23.15 (2m) (b) of the statutes is amended to read:

SB55-ASA1-AA1,283,25 23.15 (2m) (b) Notwithstanding sub. (1), the natural resources fish, wildlife, parks, and forestry board is not required to make a finding that land to be sold under par. (a) is no longer necessary for the state's use for conservation purposes.

SB55-ASA1-AA1, s. 1038tm Section 1038tm. 23.15 (3) of the statutes is amended to read:

SB55-ASA1-AA1,284,9 23.15 (3) Upon completion of such sale, the chairperson and secretary of the natural resources fish, wildlife, parks, and forestry board, or the secretary of natural resources fish, wildlife, parks, and forestry, if the secretary is duly authorized by the natural resources fish, wildlife, parks, and forestry board, shall execute such any instruments as that are necessary to transfer title, and the natural resources fish, wildlife, parks, and forestry board or its duly authorized agents shall deliver the same instruments to the purchaser upon payment of the amount set forth in the application.

SB55-ASA1-AA1, s. 1038tn Section 1038tn. 23.15 (4) of the statutes is amended to read:

SB55-ASA1-AA1,284,17 23.15 (4) Said natural resources The fish, wildlife, parks, and forestry board effecting the sale of any such lands and structures shall, upon receiving payment therefor, deposit the funds in the conservation fund to be used exclusively for the purpose of purchasing other areas of land for the creating and establishing of public hunting and fishing grounds, wildlife and fish refuges and state parks and for land in the lower Lower Wisconsin state riverway State Riverway as defined in s. 30.40 (15).

SB55-ASA1-AA1, s. 1038tp Section 1038tp. 23.16 (1) of the statutes is amended to read:

SB55-ASA1-AA1,284,25 23.16 (1) Publication. The department may produce, issue or reprint magazines or other periodicals on a periodic basis as it determines, pertaining to fish and game, forests, parks, environmental quality and other similar subjects of general information. The department may distribute its magazines and periodicals by subscription. The department shall charge a fee for any of its magazines or periodicals, except that no fee may be charged to a person who is provided a subscription to the Wisconsin Natural Resources Magazine under s. 29.235.

SB55-ASA1-AA1, s. 1038tq Section 1038tq. 23.16 (5) of the statutes is amended to read:

SB55-ASA1-AA1,285,6 23.16 (5) Use of moneys. The department shall use the moneys collected under this section for the costs specified in sub. (4). If the moneys collected under this section exceed the amount necessary for the costs specified in sub. (4), the department shall use the excess for educational and informational activities concerning conservation and the environment.

SB55-ASA1-AA1, s. 1038tr Section 1038tr. 23.165 (1) of the statutes is amended to read:

SB55-ASA1-AA1,285,10 23.165 (1) Publications. The department may produce, issue, reprint and sell publications not published on a periodic basis that pertain to fish and game, forests, parks, environmental quality and other similar subjects of general information.

SB55-ASA1-AA1, s. 1038ts Section 1038ts. 23.165 (1m) of the statutes is amended to read:

SB55-ASA1-AA1,285,15 23.165 (1m) Photographs, slides, videotapes, artwork. The department may produce, issue, reprint and sell photographs, slides, videotapes and artwork if they pertain to fish and game, forests, parks, environmental quality and other similar subjects of general information.

SB55-ASA1-AA1, s. 1038tu Section 1038tu. 23.165 (5m) of the statutes is amended to read:

SB55-ASA1-AA1,285,21 23.165 (5m) Use of moneys. The department shall use the moneys collected under this section for the costs specified in sub. (5). If the moneys collected under this section exceed the amount necessary for the costs specified in sub. (5), the department shall use the excess for educational and informational activities concerning conservation and the environment.".

SB55-ASA1-AA1,285,22 590. Page 449, line 23: after that line insert:

SB55-ASA1-AA1,285,23 " Section 1039ag. 23.179 of the statutes is created to read:

SB55-ASA1-AA1,286,3 23.179 Lake Koshkonong comprehensive project. (1) Definition. In this section, "district" means the Rock-Koshkonong public inland lake protection and rehabilitation district.

SB55-ASA1-AA1,286,6 (2) Authorization. The district may implement a project developed and approved by the U.S. army corps of engineers to place structures, or fill, or both on the bed of Lake Koshkonong for any of the following purposes:

SB55-ASA1-AA1,286,7 (a) To improve navigation or to provide navigation aids.

SB55-ASA1-AA1,286,8 (b) To restore or protect wetland habitat or water quality.

SB55-ASA1-AA1,286,9 (c) To create, restore, or protect fish and wildlife habitat.

SB55-ASA1-AA1,286,11 (d) To enhance the natural aesthetic value or improve the recreational use of the lake.

SB55-ASA1-AA1,286,14 (3) Location of structures and fill. Any structure or fill placed as part of the project authorized under sub. (2) shall be located in Lake Koshkonong within the area that consists of Secs. 10, 13, 18, 19, 20, 24, 33, and 35, T 5 N., R 13.

SB55-ASA1-AA1,286,18 (4) Preliminary requirements. (a) Before beginning any activity involving the placement of a structure or fill as part of the project authorized under sub. (2), the district shall submit plans and specifications for the project to the department and obtain the department's approval for the project.

SB55-ASA1-AA1,286,20 (b) Before the department gives its approval for a project authorized under sub. (2), the department shall do all of the following:

SB55-ASA1-AA1,286,21 1. Comply with the requirements under s. 1.11.

SB55-ASA1-AA1,286,24 2. Review the plans and specifications submitted to the department under par. (a) and obtain any other information that it determines is necessary to effectively evaluate the structural and functional integrity of the structure or fill.

SB55-ASA1-AA1,287,2 3. Hold a public informational meeting to discuss the plans and specifications submitted under par. (a).

SB55-ASA1-AA1,287,4 4. Determine that the structure or fill is structurally and functionally sound and that the structure or fill will comply with the requirements under sub. (5).

SB55-ASA1-AA1,287,6 (5) Requirements for structures and fill. A structure or fill placed as part of a project authorized under sub. (2) shall meet all of the following requirements:

SB55-ASA1-AA1,287,7 (a) It may not materially affect the flood flow capacity of the Rock River.

SB55-ASA1-AA1,287,8 (b) It may not materially obstruct navigation.

SB55-ASA1-AA1,287,11 (c) It may not cause material injury to the rights of an owner of lands underlying the structure or fill or to the rights of a riparian owner who owns lands affected by the project.

SB55-ASA1-AA1,287,12 (d) It may not cause environmental pollution, as defined in s. 299.01 (4).

SB55-ASA1-AA1,287,13 (e) It may not be detrimental to the public interest.

SB55-ASA1-AA1,287,14 (f) It must further a purpose specified in sub. (2).

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.