Amendment AA1-ASA1-SB55

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.

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.