Amendment CA1-SSA1-SB55

SB55-SSA1-CA1,228,20 " Section 1153qc. 28.06 (2m) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

SB55-SSA1-CA1,229,3 28.06 (2m) Surcharge. A person who purchases a seedling under sub. (2) shall pay, in addition to the price of the seedling charged under sub. (2), a surcharge for each seedling purchased. Beginning on the effective date of this subsection .... [revisor inserts date], and ending on June 30, 2002, the surcharge shall be 2 cents for each seedling. Beginning on July 1, 2002, the surcharge shall be 3 cents for each seedling. All surcharges collected under this subsection shall be deposited in the conservation forestry fund.

SB55-SSA1-CA1, s. 1153r Section 1153r. 28.08 of the statutes is amended to read:

SB55-SSA1-CA1,229,6 28.08 Income. All income from state forest lands shall be paid into the state treasury to the credit of the conservation forestry fund.

SB55-SSA1-CA1, s. 1153rm Section 1153rm. 28.11 (5m) (a) (intro.) of the statutes is amended to read:

SB55-SSA1-CA1,229,11 28.11 (5m) (a) (intro.) The department may make grants, from the appropriation under s. 20.370 (5) (bw) 20.375 (2) (w), to counties having lands entered under sub. (4) to fund all of the following for one professional forester in the position of county forest administrator or assistant county forest administrator:".

SB55-SSA1-CA1,229,12 791. Page 482, line 17: after that line insert:

SB55-SSA1-CA1,229,14 " Section 1153sc. 28.11 (5r) (b) of the statutes, as created by 2001 Wisconsin Act .... (this act), is amended to read:

SB55-SSA1-CA1,229,17 28.11 (5r)(b) The department may make grants, from the appropriation under s. 20.370 (5) (bw) 20.375 (2) (w), to counties having lands entered under sub. (4) to fund the cost of activities designed to improve sustainable forestry on the lands.

SB55-SSA1-CA1, s. 1153t Section 1153t. 28.11 (8) (a) of the statutes is amended to read:

SB55-SSA1-CA1,229,23 28.11 (8) (a) Acreage payments. As soon after April 20 of each year as feasible, the department shall pay to each town treasurer 30 cents per acre, based on the acreage of such lands as of the preceding June 30, as a grant out of the appropriation made by s. 20.370 (5) (bv) 20.375 (2) (vm) on each acre of county lands entered under this section.

SB55-SSA1-CA1, s. 1153u Section 1153u. 28.11 (8) (b) 1. of the statutes is amended to read:

SB55-SSA1-CA1,230,17 28.11 (8) (b) 1. A county having established and maintaining a county forest under this section is eligible to receive from the state from the appropriations under s. 20.370 (5) (bq) 20.375 (2) (t) and (bs) (u) an annual payment as a noninterest bearing loan to be used for the purchase, development, preservation and maintenance of the county forest lands and the payment shall be credited to a county account to be known as the county forestry aid fund. A county board may, by a resolution adopted during the year and transmitted to the department by December 31, request to receive a payment of not more than 50 cents for each acre of land entered and designated as "county forest land". The department shall review the request and approve the request if the request is found to be consistent with the comprehensive county forest land use plan. If any lands purchased from the fund are sold, the county shall restore the purchase price to the county forestry aid fund. The department shall pay to the county the amount due to it on or before March 31 of each year, based on the acreage of the lands as of the preceding June 30. If the amounts in the appropriations under s. 20.370 (5) (bq) 20.375 (2) (t) and (bs) (u) are not sufficient to pay all of the amounts approved by the department under this subdivision, the department shall pay eligible counties on a prorated basis.

SB55-SSA1-CA1, s. 1153v Section 1153v. 28.11 (8) (b) 2. of the statutes is amended to read:

SB55-SSA1-CA1,231,10 28.11 (8) (b) 2. The department may allot additional interest free forestry aid loans on a project basis to individual counties to permit the counties to undertake meritorious and economically productive forestry operations, including land acquisitions. These additional aids may not be used for the construction of recreational facilities or for fish and game management projects. Application shall be made in the manner and on forms prescribed by the department and specify the purpose for which the additional aids will be used. The department shall make an investigation as it deems necessary to satisfy itself that the project is feasible, desirable and consistent with the comprehensive plan. If the department so finds, it may make allotments in such amounts as it determines to be reasonable and proper and charge the allotments to the forestry fund account of the county. These allotments shall be credited by the county to the county forestry aid fund. After determining the loans as required under subd. 1., the department shall make the remainder of the amounts appropriated under s. 20.370 (5) (bq) 20.375 (2) (t) and (bs) (u) for that fiscal year available for loans under this subdivision. The department shall also make loans under this subdivision from the appropriations under s. 20.370 (5) (bt) 20.375 (2) (um) and (bu) (v).

SB55-SSA1-CA1, s. 1153w Section 1153w. 28.11 (9) (am) of the statutes is amended to read:

SB55-SSA1-CA1,231,16 28.11 (9) (am) The acreage loan severance share payments shall be deposited in the conservation forestry fund and credited to the appropriation under s. 20.370 (5) (bq) 20.375 (2) (t), and the project loan severance share payments shall be deposited in the conservation forestry fund and credited to the appropriation under s. 20.370 (5) (bu) 20.375 (2) (v).

SB55-SSA1-CA1, s. 1153x Section 1153x. 28.11 (9) (ar) 1. of the statutes is amended to read:

SB55-SSA1-CA1,231,22 28.11 (9) (ar) 1. Notwithstanding s. 20.001 (3) (c), if the sum of the unencumbered balances in the appropriations under s. 20.370 (5) (bq), (bt) 20.375 (2) (t), (um), and (bu) (v) exceeds $400,000 on June 30 of any fiscal year, the amount in excess of $400,000 shall lapse from the appropriation under s. 20.370 (5) (bq) 20.375 (2) (t) to the conservation forestry fund, except as provided in subd. 2.

SB55-SSA1-CA1, s. 1153y Section 1153y. 28.11 (9) (ar) 2. of the statutes is amended to read:

SB55-SSA1-CA1,232,2 28.11 (9) (ar) 2. Notwithstanding s. 20.001 (3) (c), if the amount in the appropriation under s. 20.370 (5) (bq) 20.375 (2) (t) is insufficient for the amount that must lapse under subd. 1., the remainder that is necessary for the lapse shall lapse from the appropriation under s. 20.370 (5) (bu) 20.375 (2) (v).

SB55-SSA1-CA1, s. 1153yc Section 1153yc. 28.90 (title) of the statutes is created to read:

SB55-SSA1-CA1,232,4 28.90 (title) Enforcement.

SB55-SSA1-CA1, s. 1153yf Section 1153yf. 28.90 (1) of the statutes is created to read:

SB55-SSA1-CA1,232,9 28.90 (1) Enforcement duties. (a) The department shall enforce all of the laws that the department is required to administer for the state forests and shall bring, or cause to be brought, actions and proceedings in the name of the state for that purpose.

SB55-SSA1-CA1,232,13 (b) All sheriffs, deputy sheriffs, coroners, and other police officers are deputy state forest rangers, and shall assist the department and its rangers in the enforcement of this chapter whenever notice of a violation of this chapter is given to them by the department or its rangers.

SB55-SSA1-CA1, s. 1153yg Section 1153yg. 28.92 of the statutes is created to read:

SB55-SSA1-CA1,232,17 28.92 State forest rangers. (1) The persons appointed by the department to enforce the laws relating to state forests shall be known as state forest rangers and shall be subject to ch. 230.

SB55-SSA1-CA1,232,20 (2) The department shall provide to all state forest rangers, before exercising any of their powers, a commission issued by the department under its seal, to read substantially as follows:

SB55-SSA1-CA1,232,22 State of Wisconsin Department of forestry

SB55-SSA1-CA1,232,23 To all to whom these presents shall come, greeting:

SB55-SSA1-CA1,233,3 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 state forest ranger for the 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-SSA1-CA1,233,6 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 ...., .....

SB55-SSA1-CA1,233,7 (Seal) State of Wisconsin

SB55-SSA1-CA1,233,8 Department of forestry

SB55-SSA1-CA1,233,9 By .... ....

SB55-SSA1-CA1,233,13 (3) The department shall furnish to each state forest ranger at the time of the ranger's appointment, a pocket identification folder in the same form and substance as the folder described in s. 23.10 (5), except that the impression shall be the seal of the department.

SB55-SSA1-CA1,233,17 (4) A state forest ranger shall carry the identification folder on his or her person at all times that he or she is on official duty, and a state forest ranger shall, on demand, exhibit the same to any person to whom he or she may represent himself or herself as a state forest ranger.

SB55-SSA1-CA1, s. 1153yj Section 1153yj. 28.94 of the statutes is created to read:

SB55-SSA1-CA1,233,21 28.94 Resisting or falsely impersonating a state forest ranger. Any person who does any of the following may be fined not more than $10,000 or imprisoned for not more than 9 months or both:

SB55-SSA1-CA1,233,23 (1) Assaults or otherwise resists or obstructs any state forest ranger in the performance of his or her duties.

SB55-SSA1-CA1,233,25 (2) Falsely represents himself or herself to be a state forest ranger or assumes to act as a state forest ranger without having been first appointed.

SB55-SSA1-CA1, s. 1153ym Section 1153ym. 28.98 of the statutes is created to read:

SB55-SSA1-CA1,234,4 28.98 General penalty provision. Any person who violates any provision of this chapter or any rule promulgated or order issued under this chapter for which no other penalty is prescribed is subject to a forfeiture of not more than $100.".

SB55-SSA1-CA1,234,6 792. Page 483, line 21: delete the material beginning with that line and ending with page 484, line 2.

SB55-SSA1-CA1,234,7 793. Page 484, line 2: after that line insert:

SB55-SSA1-CA1,234,8 " Section 1162h. 29.089 (1) of the statutes is amended to read:

SB55-SSA1-CA1,234,10 29.089 (1) Except as provided in sub. subs. (3) and (4), no person may hunt or trap on land located in state parks or state fish hatcheries.

SB55-SSA1-CA1, s. 1162p Section 1162p. 29.089 (2) of the statutes is amended to read:

SB55-SSA1-CA1,234,15 29.089 (2) Except as provided in sub. subs. (3) and (4), no person may have in his or her possession or under his or her control a firearm on land located in state parks or state fish hatcheries unless the firearm is unloaded and enclosed within a carrying case.

SB55-SSA1-CA1, s. 1162t Section 1162t. 29.089 (3) of the statutes is amended to read:

SB55-SSA1-CA1,234,21 29.089 (3) A person may hunt deer, wild turkeys or small game in a state park, or in a portion of a state park, if the state park is open for the purpose of hunting under sub. (4) or if the department has authorized by rule the hunting of that type of game in the state park, or in the portion of the state park, and if the person holds the approvals required under this chapter for hunting that type of game.

SB55-SSA1-CA1, s. 1162w Section 1162w. 29.089 (4) of the statutes is created to read:

SB55-SSA1-CA1,235,3 29.089 (4) All land located in a state park shall be open for the purpose of hunting during the appropriate open season to the maximum extent possible if the state park in which the land is located has received any funding from the fish and wildlife account of the conservation fund at any time during the preceding 10 years. The natural resources board may exempt a state park from this requirement.

SB55-SSA1-CA1, s. 1162wm Section 1162wm. 29.09 of the statutes is created to read:

SB55-SSA1-CA1,235,10 29.09 Fishing on land in state parks. The department may not prohibit fishing on land located in a state park during the appropriate open season and shall allow fishing to the maximum extent possible if the state park in which the land is located has received any funding from the fish and wildlife account of the conservation fund at any time during the preceding 10 years. The natural resources board may exempt a state park from this requirement.".

SB55-SSA1-CA1,235,12 794. Page 484, line 3: delete the material beginning with that line and ending with page 486, line 17.

SB55-SSA1-CA1,235,14 795. Page 487, line 19: delete the material beginning with that line and ending with page 488, line 7.

SB55-SSA1-CA1,235,15 796. Page 488, line 17: after that line insert:

SB55-SSA1-CA1,235,16 " Section 1184m. 29.519 (2) (e) of the statutes is created to read:

SB55-SSA1-CA1,235,23 29.519 (2) (e) Retention of licenses. 1. A commercial fishing licensee who is authorized under the license to conduct commercial fishing operations in the waters of Green Bay may retain the license without conducting any commercial fishing operations as authorized under the license for one period of up to 7 consecutive years. During this period, the commercial fishing licensee may not be required to transfer the license, may not be required to invest in any fishing gear or equipment, and is exempt from paying the applicable fees for the license under s. 29.563.

SB55-SSA1-CA1,236,5 2. A commercial fishing licensee who conducts commercial fishing operations as authorized under the license in the waters of Green Bay may choose for one period of up to 7 consecutive years to be exempt from any minimum requirement on the amount of fish harvested that is established by the department and that applies to the licensee.".

SB55-SSA1-CA1,236,6 797. Page 489, line 10: substitute "50 cents" for "$1.50".

SB55-SSA1-CA1,236,7 798. Page 489, line 15: after that line insert:

SB55-SSA1-CA1,236,8 " Section 1196rk. 29.566 (1r) of the statutes is created to read:

SB55-SSA1-CA1,236,16 29.566 (1r) Issuing payment for special deer hunting permits. The department shall establish a system under which the department pays each agent appointed under s. 29.024 (6) (a) 2. or 3. a payment of 50 cents each time that the agent uses the statewide automated system contracted for under s. 29.024 (6) (a) 4. to issue to an individual one or more deer hunting permits as authorized under s. 29.177. The department shall make these payments by allowing the agent to retain an amount equal to the payments from the amounts that are collected by the agent and that would otherwise be remitted to the department.".

SB55-SSA1-CA1,236,17 799. Page 490, line 5: after that line insert:

SB55-SSA1-CA1,236,18 " Section 1197hm. 29.591 (3) of the statutes is amended to read:

SB55-SSA1-CA1,237,5 29.591 (3) Instruction fee. The department shall establish by rule the may not charge a fee for the course of instruction under the hunter education program and the bow hunter education program. The instructor shall collect this instruction fee from each person who receives instruction under the hunter education program and the bow hunter education program and remit the fee to the department. The department may determine the portion of this fee, which may not exceed 50%, that the instructor may retain to defray expenses incurred by the instructor in conducting the course. The instructor shall remit the remainder of the fee or, if nothing is retained, the entire fee to the department may reimburse instructors for allowable costs, as determined by the department, up to $5 for each person who receives instruction from that instructor.".

SB55-SSA1-CA1,237,6 800. Page 490, line 17: after that line insert:

SB55-SSA1-CA1,237,8 " Section 1225m. 29.89 (1) (intro.) and (a) of the statutes are consolidated, renumbered 29.89 (1) and amended to read:

SB55-SSA1-CA1,237,12 29.89 (1) Definitions. Definition. In this section:, (a) "Charitable "charitable organization" means a nonprofit corporation, charitable trust or other nonprofit association that is described in section 501 (c) (3) of the Internal Revenue Code and that is exempt from taxation under section 501 (a) of the Internal Revenue Code.

SB55-SSA1-CA1, s. 1225r Section 1225r. 29.89 (1) (b) of the statutes is repealed.".

SB55-SSA1-CA1,237,14 801. Page 490, line 24: after that line insert:

SB55-SSA1-CA1,237,15 " Section 1228c. 29.89 (3) (c) of the statutes is renumbered 29.89 (5) (b) 2. b.".

SB55-SSA1-CA1,237,16 802. Page 491, line 10: delete lines 10 to 14 and substitute:

SB55-SSA1-CA1,237,18 " Section 1232c. 29.89 (5) (b) of the statutes is renumbered 29.89 (5) (b) 1. and amended to read:

SB55-SSA1-CA1,237,20 29.89 (5) (b) 1. The department shall reimburse counties under this section from the appropriation under s. 20.370 (5) (fq) (ft).

SB55-SSA1-CA1,237,24 2. c. Moneys are available under s. 20.370 (5) (fq) after first deducting from s. 20.370 (5) (fq) payments made for county administrative costs, payments made for wildlife damage abatement assistance, and wildlife damage claim payments under s. 29.889.

SB55-SSA1-CA1, s. 1232e Section 1232e. 29.89 (5) (b) 2. (intro.) and a. of the statutes are created to read:

SB55-SSA1-CA1,238,3 29.89 (5) (b) 2. (intro.) The department shall reimburse counties under this section from the appropriation under s. 20.370 (5) (fq) if all of the following apply:

SB55-SSA1-CA1,238,5 a. The total amount of reimbursable costs exceeds the amount available under s. 20.370 (5) (ft).

SB55-SSA1-CA1, s. 1232f Section 1232f. 29.89 (5) (b) 2. b. of the statutes, as affected by 2001 Wisconsin Act .... (this act), is repealed.".

SB55-SSA1-CA1,238,9 803. Page 491, line 20: delete the material beginning with that line and ending with page 492, line 2.

SB55-SSA1-CA1,238,10 804. Page 492, line 2: after that line insert:

SB55-SSA1-CA1,238,11 " Section 1245g. 30.015 of the statutes is created to read:

SB55-SSA1-CA1,239,2 30.015 Time limits for issuing permit determinations. In issuing permits under this chapter, the department shall initially determine whether a complete application for the permit has been submitted and, no later than 60 days after the application is submitted, notify the applicant in writing about the initial determination of completeness. If the department determines that the application is incomplete, the notice shall state the reason for the determination and the specific items of information necessary to make the application complete. An applicant may supplement and resubmit an application that the department has determined to be incomplete. There is no limit on the number of times that an applicant may resubmit an application that the department has determined to be incomplete under this section. The department may not demand items of information that are not specified in the notice as a condition for determining whether the application is complete unless both the department and the applicant agree or unless the applicant makes material additions or alterations to the project for which the application has been submitted.

SB55-SSA1-CA1, s. 1245p Section 1245p. 30.02 (3) of the statutes is amended to read:

SB55-SSA1-CA1,239,16 30.02 (3) Upon receipt of a complete permit application or a request for a determination under s. 236.16 (3) (d), the department shall either schedule a public hearing to be held within 60 days after receipt of the application or request or provide notice stating that it will proceed on the application or request without a public hearing if, within 30 days after the publication of the notice, no substantive written objection to issuance of the permit is received or no request for a hearing concerning the determination under s. 236.16 (3) (d) is received. The notice shall be provided to the clerk of each municipality in which the project is located and to any other person required by law to receive notice. The department may provide notice to other persons as it deems appropriate. The department shall provide a copy of the notice to the applicant, who shall publish it as a class 1 notice under ch. 985 in a newspaper designated by the department that is likely to give notice in the area affected. The applicant shall file proof of publication with the department.