Amendment AA1-ASA1-SB55

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.

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.".