AB144: Bill Text

AB144,617,23 7. The requirements for plans that the department may require under sub. (3) (b).

AB144,618,3 (3) Permits. (a) Unless a person has a valid aquatic plant management permit issued under the program established under sub. (2), no person may do any of the following:

AB144,618,4 1. Introduce nonnative aquatic plants into waters of this state.

AB144,618,5 2. Manually remove aquatic plants from navigable waters.

AB144,618,6 3. Control aquatic plants in waters of this state by the use of chemicals.

AB144,618,9 4. Control aquatic plants in navigable waters by introducing biological agents, by using a process that involves dewatering, desiccation, burning, or freezing, or by using mechanical means.

AB144,618,12 (b) The department may require that an application for an aquatic plant management permit contain a plan for the department's approval as to how the aquatic plants will be introduced, removed, or controlled.

AB144,618,16 (c) The department may establish fees for aquatic plant management permits. The department may establish a different fee for an aquatic plant management permit to manage aquatic plants that are located in a body of water that is entirely confined on the property of one property owner.

AB144,618,17 (4) Exemptions from permits. (a) In this subsection:

AB144,618,21 1. "Local governmental unit" means a political subdivision of this state, a special purpose district in this state, an instrumentality or corporation of the political subdivision or special purpose district, or a combination or subunit of any of the foregoing.

AB144,618,24 2. "State agency" means any office, department, independent agency, or attached board or commission within the executive branch of state government, or any special purpose authority created by statute.

AB144,618,25 (b) The permit requirement under sub. (3) does not apply to any of the following:

AB144,619,2 1. A person who manually removes aquatic plants from privately owned stream beds with the permission of the landowner.

AB144,619,4 2. A person who engages in an activity listed under sub. (3) (a) in the course of harvesting wild rice as authorized under s. 29.607.

AB144,619,6 3. A person who engages in an activity listed under sub. (3) (a) in the course of operating a fish farm as authorized under s. 95.60.

AB144,619,8 (c) The department may promulgate a rule to waive the permit requirement under sub. (3) (a) 2. for any of the following:

AB144,619,10 1. A person who owns property on which there is a body of water that is entirely confined on the property of that person.

AB144,619,13 2. A riparian owner who manually removes aquatic plants from a body of water that abuts the owner's property provided that the removal does not interfere with the rights of other riparian owners.

AB144,619,14 3. A person who is controlling purple loosestrife.

AB144,619,16 4. A person who uses chemicals in a body of water for the purpose of controlling bacteria on bathing beaches.

AB144,619,18 5. A person who uses chemicals on plants to prevent the plants from interfering with the use of water for drinking purposes.

AB144,619,20 6. A state agency or a local governmental unit that uses a chemical treatment in a body of water for the purpose of protecting the public health.

AB144,619,22 (5) Distribution prohibited. No person may distribute an invasive aquatic plant.

AB144,619,24 (6) Penalties. (a) Except as provided in par. (b), any person who violates sub. (3) shall forfeit not more than $200.

AB144,620,4 (b) A person who violates sub. (3) and who, within 5 years before the arrest of the current conviction, was previously convicted of a violation of sub. (3) shall forfeit not less than $700 nor more than $2,000 or shall be imprisoned for not less than 6 months nor more than 9 months or both.

AB144,620,8 (c) The court may order a person who is convicted under par. (b) to abate any nuisance caused by the violation, restore any natural resource damaged by the violation, or take other appropriate action to eliminate or minimize any environmental damage caused by the violation.

AB144,620,9 (d) A person who violates sub. (5) shall forfeit not more than $100.

AB144, s. 1043 Section 1043. 23.27 (3) (a) of the statutes, as affected by 1997 Wisconsin Act 27, section 769ad, is repealed and recreated to read:

AB144,621,2 23.27 (3) (a) Duties. The department, with the advice of the council, shall conduct a natural heritage inventory program. The department shall cooperate with the department of administration under s. 16.967 and consider any recommendations of the Wisconsin land council in conducting this program. This program shall establish a system for determining the existence and location of natural areas, the degree of endangerment of natural areas, an evaluation of the importance of natural areas, information related to the associated natural values of natural areas, and other information and data related to natural areas. This program shall establish a system for determining the existence and location of native plant and animal communities and endangered, threatened, and critical species, the degree of endangerment of these communities and species, the existence and location of habitat areas associated with these communities and species, and other information and data related to these communities and species. This program shall establish and coordinate standards for the collection, storage, and management of information and data related to the natural heritage inventory.

AB144, s. 1044 Section 1044. 23.32 (2) (d) of the statutes, as affected by 1997 Wisconsin Act 27, is repealed and recreated to read:

AB144,621,8 23.32 (2) (d) The department shall cooperate with the department of administration under s. 16.967 and consider any recommendations of the Wisconsin land council in conducting wetland mapping activities or any related land information collection activities.

AB144, s. 1045 Section 1045. 23.325 (1) (a) of the statutes, as affected by 1997 Wisconsin Act 27, is repealed and recreated to read:

AB144,621,15 23.325 (1) (a) Shall consult with the department of administration, the department of transportation, and the state cartographer, shall consider any recommendations of the Wisconsin land council, and may consult with other potential users of the photographic products resulting from the survey, to determine the scope and character of the survey.

AB144, s. 1046 Section 1046. 23.33 (1) (g) of the statutes is repealed.

AB144, s. 1047 Section 1047. 23.33 (1) (jn) of the statutes is created to read:

AB144,621,19 23.33 (1) (jn) "Registration documentation" means an all-terrain vehicle registration certificate, a validated registration receipt, or a registration decal.

AB144, s. 1048 Section 1048. 23.33 (1) (o) of the statutes is created to read:

AB144,621,23 23.33 (1) (o) "Validated registration receipt" means a receipt issued by the department or an agent under sub. (2) (ig) 1. a. that shows that an application and the required fees for a registration certificate has been submitted to the department.

AB144, s. 1049 Section 1049. 23.33 (2) (a) of the statutes is amended to read:

AB144,622,9 23.33 (2) (a) Requirement. No person may operate and no owner may give permission for the operation of an all-terrain vehicle within this state unless the all-terrain vehicle is registered for public use or for private use under this subsection or sub. (2g), is exempt from registration, or is operated with a reflectorized plate attached in the manner specified under par. (dm) 3. No person may operate and no owner may give permission for the operation of an all-terrain vehicle on a public all-terrain vehicle route or trail unless the all-terrain vehicle is registered for public use under this subsection or sub. (2g), is exempt from registration or is operated with a reflectorized plate attached in the manner specified under par. (dm) 3.

AB144, s. 1050 Section 1050. 23.33 (2) (d) of the statutes is amended to read:

AB144,622,14 23.33 (2) (d) Registration; private use; fee. An all-terrain vehicle used exclusively for agricultural purposes or used exclusively on private property may be registered for private use. The fee for the issuance or renewal of a registration certificate for private use is $6.

AB144, s. 1051 Section 1051. 23.33 (2) (dm) 4. of the statutes is created to read:

AB144,622,17 23.33 (2) (dm) 4. Paragraphs (i), (ig), and (ir) do not apply to commercial all-terrain vehicle certificates or reflectorized plates.

AB144, s. 1052 Section 1052. 23.33 (2) (h) (title) of the statutes is repealed.

AB144, s. 1053 Section 1053. 23.33 (2) (h) of the statutes is renumbered 23.33 (2) (p) 2. and amended to read:

AB144,622,22 23.33 (2) (p) 2. The department shall may establish by rule additional procedures and requirements for all-terrain vehicle registration.

AB144, s. 1054 Section 1054. 23.33 (2) (i) (intro.) of the statutes is amended to read:

AB144,623,2 23.33 (2) (i) Registration; appointment of agents issuers. (intro.) For the issuance of all-terrain vehicle registration certificates original or duplicate registration documentation and for the transfer or renewal of registration documentation, the department may do any of the following:

AB144, s. 1055 Section 1055. 23.33 (2) (i) 1. of the statutes is amended to read:

AB144,623,5 23.33 (2) (i) 1. Directly issue the certificates, transfer, or renew the registration documentation with or without using the expedited service specified in par. (ig) 1.

AB144, s. 1056 Section 1056. 23.33 (2) (i) 2. of the statutes is repealed.

AB144, s. 1057 Section 1057. 23.33 (2) (i) 3. of the statutes is amended to read:

AB144,623,11 23.33 (2) (i) 3. Appoint persons who are not employees of the department as agents of the department to issue the certificate as agents of the department, transfer, or renew the registration documentation using either or both of the expedited services specified in par. (ig) 1.

AB144, s. 1058 Section 1058. 23.33 (2) (ig) of the statutes is created to read:

AB144,623,17 23.33 (2) (ig) Registration; methods of issuance. 1. For the issuance of original or duplicate registration documentation and for the transfer or renewal of registration documentation, the department may implement either or both of the following expedited procedures to be provided by the department and any agents appointed under par. (i) 3.:

AB144,623,21 a. A noncomputerized procedure under which the department or agent may accept applications for registration certificates and issue a validated registration receipt at the time the applicant submits the application accompanied by the required fees.

AB144,623,25 b. A computerized procedure under which the department or agent may accept applications for registration documentation and issue to each applicant all or some of the items of the registration documentation at the time the applicant submits the application accompanied by the required fees.

AB144,624,6 2. Under either procedure under subd. 1., the applicant shall receive any remaining items of registration documentation directly from the department at a later date. The items of registration documentation issued at the time of the submittal of the application under either procedure shall be sufficient to allow the all-terrain vehicle for which the application is submitted to be operated in compliance with the registration requirements under this subsection.

AB144, s. 1059 Section 1059. 23.33 (2) (ir) of the statutes is created to read:

AB144,624,11 23.33 (2) (ir) Fees. 1. In addition to the applicable fee under par. (c), (d), or (e), each agent appointed under par. (i) 3. shall collect an expedited service fee of $3 each time the agent issues a validated registration receipt under par. (ig) 1. a. The agent shall retain the entire amount of each expedited service fee the agent collects.

AB144,624,15 2. In addition to the applicable fee under par. (c), (d), or (e), the department or the agent appointed under par. (i) 3. shall collect an expedited service fee of $3 each time the expedited service under par. (ig) 1. b. is provided. The agent shall remit to the department $1 of each expedited service fee the agent collects.

AB144, s. 1060 Section 1060. 23.33 (2) (j) of the statutes is repealed.

AB144, s. 1061 Section 1061. 23.33 (2) (k) of the statutes is repealed.

AB144, s. 1062 Section 1062. 23.33 (2) (L) of the statutes is repealed.

AB144, s. 1063 Section 1063. 23.33 (2) (m) of the statutes is repealed.

AB144, s. 1064 Section 1064. 23.33 (2) (n) of the statutes is repealed.

AB144, s. 1065 Section 1065. 23.33 (2) (o) of the statutes is amended to read:

AB144,624,25 23.33 (2) (o) Renewals; remittal Receipt of fees. An agent appointed under par. (m) shall remit to the department $2 of each $3 fee collected under par. (n). Any All fees remitted to or collected by the department under par. (L) or (n) (ir) shall be credited to the appropriation account under s. 20.370 (9) (hu).

AB144, s. 1066 Section 1066. 23.33 (2) (p) (title) and 1. of the statutes are created to read:

AB144,625,4 23.33 (2) (p) (title) Rules. 1. The department may promulgate rules to establish eligibility and other criteria for the appointment of agents under par. (i) 3. and to regulate the activities of these agents.

AB144, s. 1067 Section 1067. 23.50 (1) of the statutes is amended to read:

AB144,625,18 23.50 (1) The procedure in ss. 23.50 to 23.85 applies to all actions in circuit court to recover forfeitures, penalty assessments, law enforcement training fund assessments, jail assessments, applicable weapons assessments, applicable environmental assessments, applicable wild animal protection assessments, applicable natural resources assessments, applicable fishing shelter removal assessments, applicable snowmobile registration restitution payments , and applicable natural resources restitution payments for violations of ss. 77.09, 134.60, 167.10 (3), 167.31 (2), 281.48 (2) to (5), 283.33, 285.57 (2), 285.59 (2), (3) (c) and (4), 287.07, 287.08, 287.81, and 299.64 (2), subch. VI of ch. 77, this chapter and chs. 26 to 31 and of ch. 350, and any administrative rules promulgated thereunder, violations specified under s. 285.86, violations of rules of the Kickapoo reserve management board under s. 41.41 (7) (k), or violations of local ordinances enacted by any local authority in accordance with s. 23.33 (11) (am) or 30.77.

AB144, s. 1068 Section 1068. 23.50 (2) of the statutes is amended to read:

AB144,626,3 23.50 (2) All actions to recover these forfeitures, penalty assessments, law enforcement training fund assessments, jail assessments, applicable weapons assessments, applicable environmental assessments, applicable wild animal protection assessments, applicable natural resources assessments, applicable fishing shelter removal assessments, applicable snowmobile registration restitution payments, and applicable natural resources restitution payments are civil actions in the name of the state of Wisconsin, shall be heard in the circuit court for the county where the offense occurred, and shall be recovered under the procedure set forth in ss. 23.50 to 23.85.

AB144, s. 1069 Section 1069. 23.50 (3) of the statutes is amended to read:

AB144,626,12 23.50 (3) All actions in municipal court to recover forfeitures, penalty assessments, law enforcement training fund assessments, and jail assessments for violations of local ordinances enacted by any local authority in accordance with s. 23.33 (11) (am) or 30.77 shall utilize the procedure in ch. 800. The actions shall be brought before the municipal court having jurisdiction. Provisions relating to citations, arrests, questioning, releases, searches, deposits, and stipulations of no contest in ss. 23.51 (1), (3), and (8), 23.53, 23.54, 23.56 to 23.64, 23.66, and 23.67 shall apply to violations of such ordinances.

AB144, s. 1070 Section 1070. 23.51 (3t) of the statutes is created to read:

AB144,626,15 23.51 (3t) "Law enforcement training fund assessment" means the assessment imposed under s. 165.87 (1).

AB144, s. 1071 Section 1071. 23.51 (8) of the statutes is amended to read:

AB144,626,20 23.51 (8) "Violation" means conduct which is prohibited by state law or municipal ordinance and punishable by a forfeiture, a penalty assessment, a law enforcement training fund assessment, a jail assessment, and a crime laboratories and drug law enforcement assessment.

AB144, s. 1072 Section 1072. 23.53 (1) of the statutes is amended to read:

AB144,627,12 23.53 (1) The citation created under this section shall, in all actions to recover forfeitures, penalty assessments, law enforcement training fund assessments, jail assessments, applicable weapons assessments, applicable environmental assessments, applicable wild animal protection assessments, applicable natural resources assessments, applicable fishing shelter removal assessments, applicable snowmobile registration restitution payments, and applicable natural resources restitution payments for violations of those statutes enumerated in s. 23.50 (1), any administrative rules promulgated thereunder, and any rule of the Kickapoo reserve management board under s. 41.41 (7) (k) be used by any law enforcement officer with authority to enforce those laws, except that the uniform traffic citation created under s. 345.11 may be used by a traffic officer employed under s. 110.07 in enforcing s. 167.31 or by an officer of a law enforcement agency of a municipality or county or a traffic officer employed under s. 110.07 in enforcing s. 287.81. In accordance with s. 345.11 (1m), the citation shall not be used for violations of ch. 350 relating to highway use. The citation may be used for violations of local ordinances enacted by any local authority in accordance with s. 23.33 (11) (am) or 30.77.

AB144, s. 1073 Section 1073. 23.54 (3) (e) of the statutes is amended to read:

AB144,627,20 23.54 (3) (e) The maximum forfeiture, penalty assessment, law enforcement training fund assessment, jail assessment, crime laboratories and drug law enforcement assessment, applicable weapons assessment, applicable environmental assessment, applicable wild animal protection assessment, applicable natural resources assessment, applicable fishing shelter removal assessment, applicable snowmobile registration restitution payment, and applicable natural resources restitution payment for which the defendant might be found liable.

AB144, s. 1074 Section 1074. 23.54 (3) (i) of the statutes is amended to read:

AB144,628,8 23.54 (3) (i) Notice that, if the defendant makes a deposit and fails to appear in court at the time fixed in the citation, the defendant will be deemed to have tendered a plea of no contest and submitted to a forfeiture, a penalty assessment, a law enforcement training fund assessment, a jail assessment, a crime laboratories and drug law enforcement assessment, any applicable weapons assessment, any applicable environmental assessment, any applicable wild animal protection assessment, any applicable natural resources assessment, any applicable fishing shelter removal assessment, any applicable snowmobile registration restitution payment, and any applicable natural resources restitution payment plus costs, including any applicable fees prescribed in ch. 814, not to exceed the amount of the deposit. The notice shall also state that the court may decide to summon the defendant rather than accept the deposit and plea.

AB144, s. 1075 Section 1075. 23.54 (3) (j) of the statutes is amended to read:

AB144,628,23 23.54 (3) (j) Notice that, if the defendant makes a deposit and signs the stipulation, the defendant will be deemed to have tendered a plea of no contest and submitted to a forfeiture, a penalty assessment, a law enforcement training fund assessment, a jail assessment, a crime laboratories and drug law enforcement assessment, any applicable weapons assessment, any applicable environmental assessment, any applicable wild animal protection assessment, any applicable natural resources assessment, any applicable fishing shelter removal assessment, any applicable snowmobile registration restitution payment, and any applicable natural resources restitution payment plus costs, including any applicable fees prescribed in ch. 814, not to exceed the amount of the deposit. The notice shall also state that the court may decide to summon the defendant rather than accept the deposit and stipulation, and that the defendant may, at any time prior to or at the time of the court appearance date, move the court for relief from the effects of the stipulation.