AB100: Bill Text

AB100,573,17 29.52 (7) The Subject to s. 29.091, the department may, from year to year, renew any private fish hatchery license issued prior to, and in effect on, May 12, 1965. If a private fish hatchery license is not renewed as provided in sub. (5) or is terminated for any reason, all rights and privileges of the licensee under such license terminate and thereafter the lands and waters which were included in such license shall be subject to all of the provisions of this section if an application for a license hereunder is made which includes any of such lands or waters.

AB100, s. 1125 Section 1125. 29.544 (4m) of the statutes is created to read:

AB100,573,20 29.544 (4m) Issuance restricted. Section 29.091 applies to the issuance of licenses and cards under this section.

AB100, s. 1126 Section 1126. 29.547 (7m) of the statutes is created to read:

AB100,573,23 29.547 (7m) Issuance restricted. Section 29.091 applies to the issuance of licenses under this section.

AB100, s. 1127 Section 1127. 29.572 (3) of the statutes is amended to read:

AB100,574,11 29.572 (3) Applications for the renewal of any license issued under ss. 29.573 to 29.578 are subject to s. 29.091 and shall be filed with the department on or before the expiration date of the license, except that an application for renewal of this type of license may be filed not more than 45 days after the expiration date if it is accompanied by the late filing fee specified under s. 29.092 (9) (i) in addition to the regular license or renewal fee. If application for renewal of a license is not made as required in this subsection or if a license is terminated for any reason, all rights and privileges of the licensee under the license are terminated upon the expiration of the 45-day period provided in this subsection or on the date of termination whichever occurs first. Thereafter, the lands and waters which were included under the license shall be subject to ss. 29.573 to 29.578.

AB100, s. 1128 Section 1128. 29.573 (1) of the statutes is amended to read:

AB100,574,17 29.573 (1) The Subject to s. 29.091, the department may issue pheasant and quail farm licenses for shooting preserves and the releasing, shooting, possession and use of pheasants and quail on pheasant and quail farms if, in the judgment of the department, operations under these licenses will result in a net increase in the supply of pheasants and quail in the state and will otherwise be in the public interest.

AB100, s. 1129 Section 1129. 29.573 (2) of the statutes is amended to read:

AB100,574,21 29.573 (2) No license shall be granted may be issued unless the applicant owns or has under lease the area for which the license is granted issued. Boundaries of the area licensed shall be defined and posted as prescribed by the department.

AB100, s. 1130 Section 1130. 29.574 (3) of the statutes is amended to read:

AB100,575,21 29.574 (3) Upon the filing of such declaration the department shall forthwith investigate the same and may require the applicant to produce satisfactory evidence of the facts therein stated. It will be necessary for the licensee to purchase all wild game within the boundaries of the proposed farm of the species designated in the license, and to effect this purpose the department thereupon shall appoint one member, the applicant one member, and these 2 shall select a 3rd member, the 3 to act as a board to go upon the lands embraced within the proposed license and determine as near as possible the number of wild birds and animals of the desired species thereon at the time of the granting issuing of the license. The necessary expenses of all of the members of such board shall be paid by the licensee. Within 30 days after the date of such determination as accepted by the department the licensee shall pay to the department a specified sum as may be determined by the department for those species of wild birds or wild animals on the lands that are desired for propagation purposes, the title of which rests in the state. If upon such examination it appears that the applicant is the owner or lessee of said lands, and the applicant intends in good faith to establish, operate and maintain a game bird and animal farm, the subject to s. 29.091, the department shall issue a license to the applicant describing such lands, and certifying that the licensee is lawfully entitled to use the same for the breeding, propagating, killing and selling of such game birds and animals thereon according to this section. When such license has been granted issued, the licensee shall become the owner of all such game birds or animals thereon of the species licensed and of all of their offspring actually produced thereon and remaining thereon, subject however to the jurisdiction of the department over all game.

AB100, s. 1131 Section 1131. 29.575 (3) of the statutes is amended to read:

AB100,576,5 29.575 (3) Upon the filing of such declaration the department shall investigate and may require the applicant to produce satisfactory evidence of the facts stated in the declaration. If it appears that the applicant is the owner or lessee of the lands, and that the applicant intends in good faith to establish, operate and maintain a fur animal farm, the subject to s. 29.091, the department shall issue a license to the applicant. The license shall describe the lands and shall certify that the licensee is entitled to use the same for dealing, breeding, propagating and trapping fur animals on the land described in the license.

AB100, s. 1132 Section 1132. 29.575 (4) of the statutes is amended to read:

AB100,576,21 29.575 (4) Upon issuance of the license, the department shall appoint one person, the applicant shall appoint one person, and these 2 shall select a 3rd person to enter the lands and determine the number of fur animals thereon at the time of the granting issuing of the license. The necessary expenses of these persons shall be paid by the licensee. Within 10 days after the date of such determination, the licensee shall pay to the department $2.50 for each beaver, 50 cents for each muskrat, $2.50 for each mink, $2.50 for each otter, $1 for each raccoon, and 50 cents for each skunk so found on such lands. Only those animals to be licensed under the fur animal farm are to be paid for. When such payment has been made the licensee shall become owner of such fur animals on said lands and of all of their offspring remaining thereon. The licensee shall have the right to manage and control said lands and the licensed fur animals thereon, to take the same at any time or in any manner, subject to s. 29.245, which the licensee sees fit and deems to the best advantage of the licensee's business, and to sell and transport at any time said fur animals or the pelts taken from them.

AB100, s. 1133 Section 1133. 29.578 (4) of the statutes is amended to read:

AB100,577,15 29.578 (4) The licensee shall pay to the department $25 for each deer so found on such lands. When such payment has been made and the license issued, the licensee shall become the owner of all deer on said lands and of all their offspring. The licensee shall have the right to manage and control said lands and the deer thereon, to kill the deer, subject to s. 29.245, and to sell the deer as provided by this section. If upon examination it shall appear that the applicant is the owner or lessee of said lands, and that the applicant intends in good faith to establish, operate and maintain a deer farm, the department may inform the applicant that as soon as the applicant has built a suitable deer fence around the area to be included within the license, it will issue the same. Said deer-tight fence shall be built in accordance with specifications prescribed by the department; provided, the department may issue a license for such deer farms heretofore established if the fence actually inclosing said farm is in fact sufficient to hold deer therein. After the complete installation of such fence and after the department has satisfied itself that it is satisfactory and complies with the law, it may issue a license to the applicant describing such lands, and certifying that the licensee is lawfully entitled to use the same for the breeding, propagating, killing and selling of deer thereon according to this section. Section 29.091 applies to the issuance of licenses under this subsection.

AB100, s. 1134 Section 1134. 29.578 (5) of the statutes is amended to read:

AB100,577,19 29.578 (5) The deer farm license shall be renewed each year, subject to s. 29.091, if the licensee has not violated any of the provisions under which it was granted issued.

AB100, s. 1135 Section 1135. 29.578 (11) of the statutes is amended to read:

AB100,578,18 29.578 (11) Each license shall be accepted by the licensee upon the condition that the licensee will comply with this section and with all provisions of law and that the licensee will honestly operate said deer farm for the purpose of propagating deer; that the title to the deer in the inclosure for which a license has been granted issued and for which the applicant has paid the state at the rate of $25 per deer, shall be conditional upon the applicant and licensee honestly and fairly complying with this section and provisions of law relating to the operation of deer farms; and in the action to revoke the license of said licensee, or to establish the licensee's unfitness to further operate said deer farm, the court, in the judgment, in the event it is determined that the applicant and licensee has violated this section and the provisions of law relating to the operation of deer farms, shall provide that the title to all of the deer within said inclosure together with all of the increase therefrom be forfeited to the state; that the said tract of land shall not be used for a deer farm for a period of 5 years and until a new license therefor, after said 5 years, has been issued by the department as provided in this section; that the department shall within 30 days of the notice of entry of judgment enter upon said tract and open the said fences in such a manner as to give the inclosed animals free egress and may drive the said animals out of the inclosure if in the opinion of the department it is for the best interests of the state; said lands for which said license has been forfeited may be used by the owner thereof for all lawful purposes except the propagating of deer during said time, and during said 5 year period said lands shall be a sanctuary and no hunting or trapping of any kind or character shall be practiced therein or thereon. The department shall in such event duly post notices thereof at intervals of 10 rods around the entire tract.

AB100, s. 1136 Section 1136. 29.578 (14) (am) of the statutes is amended to read:

AB100,578,22 29.578 (14) (am) The Subject to s. 29.091, the department may issue special retail deer sale permits authorizing a person to retail a venison in the carcass from a deer lawfully killed under this section to any retailer of meats.

AB100, s. 1137 Section 1137. 29.578 (14) (b) (intro.) of the statutes is amended to read:

AB100,579,4 29.578 (14) (b) (intro.) Any person may serve venison obtained from a deer farm licensed under this section if the person has a venison serving permit from the department. The application for this permit shall be in the form and include the information the department requires. If the department after investigation is satisfied that the application is satisfactory it, the department, subject to s. 29.091, shall issue a venison serving permit conditioned as follows:

AB100, s. 1138 Section 1138. 29.585 (1) of the statutes is amended to read:

AB100,579,9 29.585 (1) The Subject to s. 29.091, the department may grant issue licenses for wildlife exhibits which are defined as any place where one or more live wild animals are kept in captivity for the purpose of exhibition or for advertising purposes. The form of application and license shall be prescribed by the department.

AB100, s. 1139 Section 1139. 29.585 (3) of the statutes is amended to read:

AB100,579,14 29.585 (3) No wildlife exhibition license shall be granted may be issued by the department until it is satisfied that the provisions for housing and caring for such wild animals and for protecting the public are proper and adequate and in accordance with the standards therefor established by the department.

AB100, s. 1140 Section 1140. 30.277 (3) (k) of the statutes is created to read:

AB100,579,17 30.277 (3) (k) Whether the project is related to brownfields redevelopment, as defined in s. 23.09 (19) (a) 1.

AB100, s. 1141 Section 1141. 30.277 (6) of the statutes is amended to read:

AB100,579,24 30.277 (6) Rules. The department shall promulgate rules for the administration of this section, including rules that specify the weight to be assigned to each criterion under sub. (3) and the minimum number of criteria under sub. (3) in which an applicant must perform satisfactorily in order to be awarded a grant. In specifying the weight to be assigned to the criteria under sub. (3), the department shall assign the greatest weight to the criterion under sub. (3) (k).

AB100, s. 1142 Section 1142. 30.28 (2r) of the statutes is created to read:

AB100,580,3 30.28 (2r) Fee for expedited service. The department, by rule, may charge a supplemental fee for a permit or approval that is in addition to the fee charged under this section if all of the following apply:

AB100,580,6 (a) The applicant requests in writing that the permit or approval be issued within a time period that is shorter than the time limit under the rule promulgated under s. 299.05 for that type of permit or approval.

AB100,580,7 (b) The department verifies that it will be able to comply with the request.

AB100, s. 1143 Section 1143. 30.52 (3m) (b) of the statutes is amended to read:

AB100,580,10 30.52 (3m) (b) All moneys collected under par. (a) shall be deposited into the account under s. 20.370 (1) (is) (3) (is).

AB100, s. 1144 Section 1144. 30.541 (3) (d) 2. d. of the statutes is amended to read:

AB100,580,15 30.541 (3) (d) 2. d. The limit in subd. 2. c. does not apply if the surviving spouse proceeds under s. 867.03 (1) (1g) and the total value of the decedent's solely owned property in the state, including boats transferred under this subdivision, does not exceed $10,000.

AB100, s. 1145 Section 1145. 30.92 (4) (b) 8. bn. of the statutes is created to read:

AB100,580,18 30.92 (4) (b) 8. bn. Acquisition of capital equipment that is necessary to collect and remove floating trash and debris from a waterway.

AB100, s. 1146 Section 1146. 30.92 (4m) of the statutes is created to read:

AB100,581,5 30.92 (4m) Lake Superior harbor of refuge. The department, with the approval of the commission, may expend an amount to pay up to 100% of the eligible costs for the construction of a harbor of refuge along the Lake Superior shoreline. Notwithstanding sub. (4) (b) 4., the project costs may include the acquisition of land. Notwithstanding sub. (4) (a), the department may expend directly the amount authorized under this subsection even though Lake Superior is not an inland lake without a public access facility. Notwithstanding sub. (4) (b) 2., the department need not contribute any moneys to match the amount expended from the appropriation under s. 20.370 (5) (cq). The amount expended under this subsection shall be considered an expenditure for a Great Lakes project. This project need not be placed on the priority list under sub. (3) (a).

AB100, s. 1147 Section 1147. 30.94 (6m) of the statutes is amended to read:

AB100,581,12 30.94 (6m) State aid. Notwithstanding s. 30.92 (4) (a), the department shall provide in each fiscal year funds from the appropriation under s. 20.370 (5) (hu) (9) (ju) to the commission for the management, operation, restoration and repair of the Fox River navigational system if Brown County, Calumet County, Fond du Lac County, Outagamie County and Winnebago County contribute matching funds for the management and operation of the Fox River navigational system.

AB100, s. 1148 Section 1148. 31.39 (2r) of the statutes is created to read:

AB100,581,16 31.39 (2r) Fee for expedited service. (a) The department, by rule, may charge a supplemental fee for a permit or approval that is in addition to the fee charged under this section if all of the following apply:

AB100,581,19 1. The applicant requests in writing that the permit or approval be issued within a time period that is shorter than the time limit promulgated under par. (b) for that type of permit or approval.

AB100,581,20 2. The department verifies that it will be able to comply with the request.

AB100,581,23 (b) If the department promulgates a rule under par. (a), the rule shall contain a time limit for each type of permit or approval classified under sub. (2) (a) for determining whether the department will grant the permit or approval.

AB100, s. 1149 Section 1149. 34.01 (2) (a) of the statutes is amended to read:

AB100,582,19 34.01 (2) (a) Any loss of public moneys, which have been deposited in a designated public depository in accordance with this chapter, resulting from the failure of any public depository to repay to any public depositor the full amount of its deposit because the office of credit unions, administrator of federal credit unions, U.S. comptroller of the currency, federal home loan bank board, U.S. office of thrift supervision, federal deposit insurance corporation, resolution trust corporation, division of banking or division of savings and loan institutions has taken possession of the public depository or because the public depository has, with the consent and approval of the office of credit unions, administrator of federal credit unions, U.S. office of thrift supervision, federal deposit insurance corporation, resolution trust corporation, division of banking or division of savings and loan institutions, adopted a stabilization and readjustment plan or has sold a part or all of its assets to another credit union, bank, savings bank or savings and loan association which has agreed to pay a part or all of the deposit liability on a deferred payment basis or because the depository is prevented from paying out old deposits because of rules of the office of credit unions, administrator of federal credit unions, U.S. comptroller of the currency, federal home loan bank board, U.S. office of thrift supervision, federal deposit insurance corporation, resolution trust corporation, division of banking or division of savings and loan institutions.

AB100, s. 1150 Section 1150. 34.10 of the statutes is amended to read:

AB100,583,23 34.10 Reorganization and stabilization of financial institutions. Whenever the office of credit unions, administrator of federal credit unions, U.S. comptroller of the currency, federal home loan bank board, U.S. office of thrift supervision, federal deposit insurance corporation, resolution trust corporation, division of banking or division of savings and loan institutions has taken charge of a credit union, bank, savings bank or savings and loan association with a view of restoring its solvency, pursuant to law, or with a view of stabilizing and readjusting the structure of any national or state credit union, bank, savings bank or savings and loan association located in this state, and has approved a reorganization plan or a stabilization and readjustment agreement entered into between the credit union, bank, savings bank or savings and loan association and depositors and unsecured creditors, or when a credit union, bank, savings bank or savings and loan association, with the approval of the office of credit unions, administrator of federal credit unions, U.S. comptroller of the currency, federal home loan bank board, U.S. office of thrift supervision, federal deposit insurance corporation, resolution trust corporation, division of banking or division of savings and loan institutions proposes to sell its assets to another credit union, bank, savings bank or savings and loan association which agrees to assume a part or all of the deposit liability of such selling credit union, bank, savings bank or savings and loan association and to pay the same on a deferred payment basis, the governing board of the public depositor may, on the approval of the division of banking, join in the execution of any reorganization plan, or any stabilization and readjustment agreement, or any depositor's agreement relative to a proposed sale of assets if, in its judgment and that of the division of banking, the reorganization plan or stabilization and readjustment agreement or proposed sale of assets is in the best interest of all persons concerned. The joining in any reorganization plan, or any stabilization and readjustment agreement, or any proposed sale of assets which meets the approval of the division of banking does not waive any rights under this chapter.

AB100, s. 1151 Section 1151. 35.24 (1) (a) of the statutes is amended to read:

AB100,584,9 35.24 (1) (a) The Blue Book shall contain the biographies and pictures of state officers, senators and representatives to the assembly and officers of each house, information pertaining to the organization of Wisconsin state government, and statistical and other information of the same general character as that heretofore published, but so selected and condensed as will limit the number of pages to 1,000 or less. In making such selection the legislative reference bureau is directed to consult freely with the secretary of education state superintendent of public instruction and the director of the historical society, and insofar as possible, make the book useful for civics classes in schools.

AB100, s. 1152 Section 1152. 35.81 (1) of the statutes is amended to read:

AB100,584,12 35.81 (1) "Division" means the division for libraries and community learning in the department of education public instruction.

AB100, s. 1153 Section 1153. 35.82 (1) of the statutes is amended to read:

AB100,584,17 35.82 (1) The state historical society, the legislative reference bureau and the reference and loan library of the department of education public instruction are designated as state document depository libraries and shall receive state documents delivered under s. 35.83 (3).

AB100, s. 1154 Section 1154. 35.83 (3) (c) of the statutes is amended to read:

AB100,584,20 35.83 (3) (c) The reference and loan library of the department of education public instruction, one copy.

AB100, s. 1155 Section 1155. 35.86 (1) of the statutes is amended to read:

AB100,585,9 35.86 (1) The director of the historical society may procure the exchange of public documents produced by federal, state, county, local and other agencies as may be desirable to maintain or enlarge its historical, literary and statistical collections, and may make such distributions of public documents, with or without exchange, as may accord with interstate or international comity. The state law librarian shall procure so many of such exchanges as the state law librarian is authorized by law to make, and the department of health and family services, commission of banking, department of education public instruction, legislative reference bureau, and the legislative council staff, may procure by exchange such documents from other states and countries as may be needed for use in their respective offices. Any other state agency wishing to initiate a formal exchange program in accordance with this section may do so by submitting a formal application to the department and by otherwise complying with this section.

AB100, s. 1156 Section 1156. 36.09 (1) (e) of the statutes is amended to read:

AB100,585,23 36.09 (1) (e) The board shall appoint a president of the system; a chancellor for each institution; a dean for each center; the state geologist; the director of the laboratory of hygiene; the director of the psychiatric institute; the state cartographer with the advice of the land information board department of administration; and the requisite number of officers, other than the vice presidents, associate vice presidents and assistant vice presidents of the system; faculty; academic staff and other employes and fix the salaries, subject to the limitations under par. (j) and ss. 20.923 (4), (4m) and (5) and 230.12 (3) (e), the duties and the term of office for each. The board shall fix the salaries, subject to the limitations under par. (j) and ss. 20.923 (4), (4m) and (5) and 230.12 (3) (e), and the duties for each chancellor, vice president, associate vice president and assistant vice president of the system. No sectarian or partisan tests or any tests based upon race, religion, national origin or sex shall ever be allowed or exercised in the appointment of the employes of the system.

AB100, s. 1157 Section 1157. 36.09 (1) (j) of the statutes is renumbered 36.09 (1) (j) 1. and amended to read:

AB100,586,11 36.09 (1) (j) 1. Except where such matters are a subject of bargaining with a certified representative of a collective bargaining unit under s. 111.91, the board shall establish salaries for persons not in the classified staff prior to July 1 of each year for the next fiscal year, and shall designate the effective dates for payment of the new salaries. In the first year of the biennium, payments of the salaries established for the preceding year shall be continued until the biennial budget bill is enacted. If the budget is enacted after July 1, payments shall be made following enactment of the budget to satisfy the obligations incurred on the effective dates, as designated by the board, for the new salaries, subject only to the appropriation of funds by the legislature and s. 20.928 (3). This paragraph does not limit the authority of the board to establish salaries for new appointments.

AB100,586,21 2. The board may not increase the salaries of employes specified in ss. 20.923 (5) and (6) (m) and 230.08 (2) (d) under this paragraph subd. 1. unless the salary increase conforms to the proposal as approved under s. 230.12 (3) (e) or the board authorizes the salary increase to correct salary inequities under par. (h), to fund job reclassifications or promotions, or to recognize competitive factors. If the cost of any salary increase granted to an employe specified in s. 20.923 (5) or (6) (m) or 230.08 (2) (d) to correct a salary inequity or to recognize competitive factors would otherwise be chargeable in whole or in part to any appropriation made to the board from general purpose revenue, the cost of that adjustment may be charged to the appropriation under s. 20.285 (1) (im).