1995 Wisconsin Act 27

23.09 (18) (b) The amount of the payment made in a fiscal year to an eligible county shall equal the county's proportionate share of the moneys appropriated under s. 20.370 (4) (au) (5) (br) for the fiscal year. An eligible county's proportionate share shall equal the number of acres within its boundaries that are entered on the tax roll under s. 77.04 (1) or 77.84 (1) on July 1 of the fiscal year divided by the total number of acres that are entered on the tax roll under s. 77.04 (1) or 77.84 (1) on that same date and that are within the boundaries of counties that are eligible for payments under this section, multiplied by the amount appropriated under s. 20.370 (4) (au) (5) (br) for the fiscal year.

27,1256 Section 1256 . 23.09 (22) of the statutes is repealed.

27,1257 Section 1257 . 23.09 (23) of the statutes is repealed.

27,1258 Section 1258 . 23.09 (25) (a) of the statutes is amended to read:

23.09 (25) (a) The department shall administer an off-the-road Type 1 motorcycle recreational aid program from moneys appropriated under s. 20.370 (4) (bv) (5) (cv). The department shall distribute these funds to towns, villages, cities, counties and federal agencies for the acquisition, development, operation and maintenance of off-the-road Type 1 motorcycle trails and facilities. The department may distribute these funds before July 1, 1989, to towns, villages, cities, counties and federal agencies for the acquisition, development, operation and maintenance of all-terrain vehicle areas and trails if these areas and trails are also available for use by off-the-road Type 1 motorcycles. In addition, the department may expend moneys appropriated under s. 20.370 (4) (bv) (5) (cv) for the development and maintenance of existing off-the-road Type 1 motorcycle trails at the Black River state forest and the Bong state recreation area.

27,1262qm Section 1262qm. 23.0915 (1m) of the statutes is created to read:

23.0915 (1m) Prohibitions on expenditures. (a) 1. The department may not expend moneys from the appropriation under s. 20.866 (2) (tz) for the acquisition of land for golf courses or for the development of golf courses.

2. Subdivision 1. does not apply to the expenditure of moneys approved under an application that was made before April 1, 1995, and that was approved by the department before April 10, 1995.

(b) The department may not expend moneys from the appropriation under s. 20.866 (2) (tz) for the acquisition or development of land by a county or other local governmental unit or political subdivision if the county, local governmental unit or political subdivision acquires the land involved by condemnation.

27,1264r Section 1264r. 23.0915 (2g) of the statutes is amended to read:

23.0915 (2g) Funds for Monona terrace project. If all of the money set aside under s. 23.195 for the Frank Lloyd Wright Monona terrace project is not expended before July 1, 1996 1998, the department shall make the unexpended moneys available for expenditure for land acquisition and for urban river grants under s. 30.277. The moneys expended for the Frank Lloyd Wright Monona terrace project are expended as an amount for land acquisition.

27,1266d Section 1266d. 23.0915 (4) of the statutes is created to read:

23.0915 (4) Review by joint committee on finance. Beginning on December 31, 1995, the department may not encumber or expend from the appropriation under s. 20.866 (2) (tz) for a given project or activity more than $250,000 unless the department first notifies the joint committee on finance in writing of the proposed encumbrance or expenditure. If the cochairpersons of the committee do not notify the department within 14 working days after the date of the department's notification that the committee has scheduled a meeting to review the proposed encumbrance or expenditure, the department may make the proposed encumbrance or expenditure. If, within 14 working days after the date of the department's notification, the cochairpersons of the committee notify the department that the committee has scheduled a meeting to review the proposed encumbrance or expenditure, the department may make the proposed encumbrance or expenditure only upon approval of the committee.

27,1313 Section 1313 . 23.175 (1) (b) of the statutes is amended to read:

23.175 (1) (b) “State agency" means any office, department, agency, institution of higher education, association, society or other body in state government created or authorized to be created by the constitution or any law which is entitled to expend moneys appropriated by law, including any authority created under ch. 231, 233 or 234 but not including the legislature or the courts.

27,1323g Section 1323g. 23.19 (1) (intro.) of the statutes is amended to read:

23.19 (1) (intro.) The department shall provide in state aid to the city of Milwaukee up to $500,000 from the appropriation under s. 20.370 (4) (kb) for a conservation project for the Menomonee river if the city appropriates funds by June 30, 1991. Both the funds appropriated by the city and the state aid provided by the department shall be for any of the following stages of the project that may be undertaken by the city:

27,1323j Section 1323j. 23.195 (4) of the statutes is amended to read:

23.195 (4) If all of the money set aside under this section is not expended before July 1, 1996 1998, the moneys set aside but not expended shall be treated by the department in the manner provided in s. 23.0915 (2g).

27,1323m Section 1323m. 23.196 of the statutes is created to read:

23.196 Willow flowage project. (1) In this section:

(a) “Total amount available" means the expenditure limit for the purpose of acquiring land under s. 23.09 (2) (d) 11., as adjusted under s. 23.0915 (2), less the total amount the department has expended, encumbered or otherwise committed for that purpose from the appropriation under s. 20.866 (2) (tz) before July 1, 1996.

(b) “Willow flowage project" means the lands in the Willow flowage and surrounding lands in Oneida County that the department determines are necessary for the project.

(2) (a) The department may acquire and exchange lands for the establishment of the Willow flowage project. The priority and allocation requirements under s. 23.09 (2dm) do not apply to any acquisition of land under this paragraph for which moneys appropriated under s. 20.866 (2) (tz) are expended.

(b) For the purpose of establishing the Willow flowage project, the department may expend up to an amount equal to the total amount available for the purchase of land. For purposes of ss. 23.09 (2r) (a) 1. and 23.0915 (1), moneys expended under this paragraph shall be treated as moneys expended for the lower Wisconsin state riverway acquisition.

(c) Section 23.15 does not apply to the exchange or other transfer of land by the department for the purpose of establishing the Willow flowage project.

(3) (a) The board of commissioners of public lands shall sell for cash, at fair market value, any of the lands under its jurisdiction that are determined by the department to be necessary to effect the sale of land for the Willow flowage project.

(b) The department shall contract for an independent appraisal to determine the fair market value of the land to be sold under par. (a), and the sale of land under par. (a) shall be concluded within 90 days after the determination of the fair market value.

(c) Sections 24.07, 24.08, 24.09, 24.10, 24.11, 24.15 and 24.16 do not apply to the sale of land by the board of commissioners of public land under this subsection.

(d) This subsection does not apply after June 30, 1999.

27,1348 Section 1348 . 23.32 (3) of the statutes is created to read:

23.32 (3) (a) The department may sell, and may enter into contracts to sell, wetland maps. The fees for the maps shall be as follows:

1. For each paper map, $5.

2. For each aerial photograph, $10.

3. For each copy of a digital wetland database covering one township, $15.

(b) The department, by rule, may increase any fee specified in par. (a). Any increased fee must at least equal the amount necessary to cover the costs of preparing, producing and selling the wetland maps.

27,1350 Section 1350 . 23.33 (9) (a) of the statutes is amended to read:

23.33 (9) (a) Administration and enforcement. The department may utilize up to 50% of the moneys received under sub. (2) for the purposes specified under s. 20.370 (3) (as), (4) (fu) (5) (er) and (iu) (mu) and (8) (ds) including costs associated with registration, enforcement, safety education, accident reports and analysis, law enforcement aids to counties, aids administration and other similar costs in administering and enforcing this section.

27,1351 Section 1351 . 23.33 (9) (b) 1. of the statutes is amended to read:

23.33 (9) (b) 1. The department shall utilize at least 50% of the moneys received under sub. (2) for state all-terrain vehicle projects and for aid to towns, villages, cities, counties or federal agencies for nonstate all-terrain vehicle projects. The department shall utilize all the moneys credited to the appropriation under s. 20.370 (4) (bz) (5) (ct) for aid to towns, villages, cities, counties or federal agencies for nonstate all-terrain vehicle projects.

27,1354r Section 1354r. 23.39 (5) of the statutes is created to read:

23.39 (5) The public intervenor board shall provide direction and supervision to the public intervenor consistent with the public intervenor's duties to protect public rights in water and other natural resources.

27,1355 Section 1355 . 23.405 of the statutes is renumbered 23.405 (1).

27,1356 Section 1356 . 23.405 (2) of the statutes is created to read:

23.405 (2) (a) The department may charge the participants in a departmental environmental education program fees to cover the costs of the program. The amount charged may not exceed the costs of conducting the program.

(b) The fees collected by the department under par. (a) for the use of the MacKenzie environmental center shall be deposited in the general fund and credited to the appropriation under s. 20.370 (5) (gb).

27,1358 Section 1358 . 23.50 (1) of the statutes is amended to read:

23.50 (1) The procedure in ss. 23.50 to 23.85 applies to all actions in circuit court to recover forfeitures, penalty 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, 144.421 (2), 144.422 (2), (2m) (c) and (2r), 146.20 (2) to (5), 147.021, 159.07, 159.08, 159.81, 167.10 (3) and 167.31 (2), subch. VI of ch. 77, this chapter and chs. 26 to 31 and of ch. 350, and any administrative rules promulgated thereunder, violations of rules of the Kickapoo valley governing board under s. 16.21 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.

27,1359 Section 1359 . 23.53 (1) of the statutes is amended to read:

23.53 (1) The citation created under this section shall, in all actions to recover forfeitures, penalty 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 valley governing board under s. 16.21 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. 159.81. 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.

27,1360 Section 1360 . 23.56 (1) of the statutes is amended to read:

23.56 (1) A person may be arrested for a violation of those statutes enumerated in s. 23.50 (1), any administrative rules promulgated thereunder, any rule of the Kickapoo valley governing board under s. 16.21 41.41 (7) (k), or any local ordinances enacted by any local authority in accordance with s. 23.33 (11) (am) or 30.77, after a warrant that substantially complies with s. 968.04 has been issued. Except as provided in sub. (2), the person arrested shall be brought without unreasonable delay before a court having jurisdiction to try the action.

27,1361 Section 1361 . 23.57 (1) (intro.) of the statutes is amended to read:

23.57 (1) (intro.) A person may be arrested without a warrant when the arresting officer has probable cause to believe that the person is committing or has committed a violation of those statutes enumerated in s. 23.50 (1), any administrative rules promulgated thereunder, any rule of the Kickapoo valley governing board under s. 16.21 41.41 (7) (k), or any local ordinances enacted by any local authority in accordance with s. 23.33 (11) (am) or 30.77; and:

27,1362 Section 1362 . 23.58 of the statutes is amended to read:

23.58 Temporary questioning without arrest. After having identified himself or herself as an enforcing officer, an enforcing officer may stop a person in a public place for a reasonable period of time when the officer reasonably suspects that such person is committing, is about to commit or has committed a violation of those statutes enumerated in s. 23.50 (1), any administrative rules promulgated thereunder, any rule of the Kickapoo valley governing board under s. 16.21 41.41 (7) (k), or any local ordinances enacted by any local authority in accordance with s. 23.33 (11) (am) or 30.77. Such a stop may be made only where the enforcing officer has proper authority to make an arrest for such a violation. The officer may demand the name and address of the person and an explanation of the person's conduct. Such detention and temporary questioning shall be conducted in the vicinity where the person was stopped.

27,1363 Section 1363 . 23.62 (1) (intro.) of the statutes is amended to read:

23.62 (1) (intro.) Whenever an enforcing officer has probable cause to believe that a person subject to his or her authority is committing or has committed a violation of those statutes enumerated in s. 23.50 (1), any administrative rules promulgated thereunder, any rule of the Kickapoo valley governing board under s. 16.21 41.41 (7) (k), or any local ordinances enacted by any local authority in accordance with s. 23.33 (11) (am) or 30.77, the officer may proceed in the following manner:

27,1366m Section 1366m. 24.60 (1) of the statutes is created to read:

24.60 (1) “Consortium" means an association of 2 or more of any of the following entities for the purpose of implementing, expanding or participating in a distance education or educational technology project:

(a) A school district.

(b) A technical college district.

(c) A county, if the county acts on behalf of a county library board that has adopted a resolution under s. 24.66 (3m).

(d) A city, village or town, if the city, village or town acts on behalf of a municipal library board that has adopted a resolution under s. 24.66 (3m).

(1g) “Distance education" has the meaning given in s. 16.992 (1) (b).

(1r) “Educational technology" has the meaning given in s. 16.992 (1) (c).

27,1367 Section 1367 . 24.61 (2) (a) 6. of the statutes is created to read:

24.61 (2) (a) 6. Bonds of the University of Wisconsin Hospitals and Clinics Authority.

27,1368 Section 1368 . 24.61 (3) (a) 9. of the statutes is created to read:

24.61 (3) (a) 9. A consortium.

27,1368b Section 1368b. 24.61 (3) (a) 10. of the statutes is created to read:

24.61 (3) (a) 10. A cooperative educational service agency representing 2 or more school districts in the area served by the agency for the purpose of conducting a distance education project by the school districts.

27,1368c Section 1368c. 24.61 (3) (b) of the statutes is amended to read:

24.61 (3) (b) Terms; conditions. A municipality or cooperative educational service agency may borrow from the board or from moneys belonging to the trust funds obtain a state trust fund loan for the sum of money, for the time and upon the conditions as may be agreed upon between the board and the borrower subject to the limitations, restrictions and conditions set forth in this subchapter.

27,1369 Section 1369 . 24.61 (3) (c) 2. a. of the statutes is amended to read:

24.61 (3) (c) 2. a. The school board is subject to an order issued by the state superintendent department of public instruction education under s. 115.33 (3) after December 31, 1991, regarding noncompliance with the standard under s. 121.02 (1) (i).

27,1369m Section 1369m. 24.61 (3) (d) of the statutes is created to read:

24.61 (3) (d) Reserve for loans for educational technology and distance education projects. Subject to the priority established under par. (c), to the extent practicable, in fiscal years 1996-97 to 1999-2000, annually the board shall reserve $15,000,000 for the purposes of giving priority to loans to school districts, counties, municipalities and consortia, other than consortia that include one or more technical college districts, for educational technology and distance education projects under s. 16.992.

27,1370 Section 1370 . 24.61 (5) of the statutes is created to read:

24.61 (5) Loans to consortia or cities, villages or towns served by joint library boards. Whenever a consortium applies for a loan under sub. (3), or whenever a group of cities, villages or towns served by a joint county or municipal library board applies for a loan for an educational technology or distance education project, the board shall treat the application as a loan to each of the members of the consortium or each city, village or town served by a county or municipal library board in an amount equal to the total amount of the loan divided equally by the number of members of the consortium or the number of cities, villages and towns served by the library board, unless all members of the consortium or all cities, villages and towns served by a joint library board agree to a different arrangement specified by the members or cities, villages and towns on their applications. The procedure for application, approval and repayment of the loan by each member of a consortium or group under this subsection shall be the same as provided in this subchapter for application, approval and repayment of a loan to that member individually, except that the loan shall not be made unless all members qualify.

27,1370g Section 1370g. 24.61 (6) of the statutes is created to read:

24.61 (6) Educational technology or distance education loans. The board shall not make a state trust fund loan to a school district, county, city, village, town or consortium for an educational technology or distance education project from moneys reserved for such loans under sub. (3) (d), unless the educational technology board has first notified the board that it has approved the loan under s. 16.992 (3).

27,1370i Section 1370i. 24.61 (7) of the statutes is created to read:

24.61 (7) Loans to cooperative educational service agencies. Whenever a cooperative educational service agency applies for a loan under sub. (3), the board shall treat the application as a loan to each of the school districts on behalf of which the loan is sought in an amount equal to the total amount of the loan divided equally by the number of school districts, unless the cooperative educational service agency specifies on its application a different arrangement that has been agreed to by all school districts for which the loan is sought. The board shall not make the loan unless each school district for which the loan is sought qualifies for a loan in the amount specified in this subsection, or a different amount if that amount is specified on the application. If the cooperative educational service agency fails to make a timely repayment of the principal or payment of the interest on the loan, each school district for which the loan is made is liable to repay the principal and pay the interest in the amount determined under this subsection.

27,1371b Section 1371b. 24.63 (1) of the statutes is amended to read:

24.63 (1) (title) Municipal loans Loans other than to school districts. State A state trust fund loans loan, other than those a loan to a school districts district, may be made for any term not exceeding 20 years, and may be made payable in instalments and. A state trust fund loan to a municipality other than a school district shall be in an amount which does not, in connection together with all other indebtedness of the municipality applying for the loan, exceed 5% of the valuation of the taxable property within the municipality as equalized for state purposes. If a state trust fund loan is made to pay off existing indebtedness, it may be advanced to the borrower in instalments as fast as the indebtedness or the evidence of indebtedness is canceled.

27,1371d Section 1371d. 24.63 (2m) of the statutes is created to read:

24.63 (2m) Cooperative educational service agency loans. A state trust fund loan to a cooperative educational service agency may be made for any term, not exceeding 20 years, as is agreed upon between the agency and the board, and for a total amount which, for each school district for which the loan is sought, in the proportion determined under s. 24.61 (7), together with all other indebtedness of the school district, does not exceed the school district's allowable indebtedness under s. 67.03 (1).

27,1375b Section 1375b. 24.63 (4) of the statutes is amended to read: