SECTION 1264m. 23.0915 (2) (db) of the statutes is created to read:
23.0915 (2) (db) In par. (d), "50% of the designated amount" means 50% of the higher of the 2 amounts specified in sub. (1) (a), (c), (d), (e), (f), (g), (h), (i), (j) or (k), except that for fiscal year 1995-96 "50% of the designated amount" means 50% of the lower of the 2 amounts.
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.
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.
SECTION 1266h. 23.092 (6) of the statutes is renumbered 23.092 (6) (a) and amended to read:
23.092 (6) (a) Except as provided in s. 23.0915 (2), the department may not expend under s. 20.866 (2) (tz) more than $1,500,000 under this section for fisheries, for habitat areas and for grants for this purpose under s. 23.096 in each fiscal year. Of this amount the department may not expend more than $75,000 for fisheries in each fiscal year. This paragraph does not apply to fiscal year 1995-96.
SECTION 1266m. 23.092 (6) (b) of the statutes is created to read:
23.092 (6) (b) Except as provided in s. 23.0915 (2), the department may not expend under s. 20.866 (2) (tz) more than $799,500 under this section for fisheries, for habitat areas and for grants for this purpose under s. 23.096 in fiscal year 1995-96. Of this amount the department may not expend more than $75,000 for fisheries.
SECTION 1266r. 23.094 (8) of the statutes is renumbered 23.094 (8) (a) and amended to read:
23.094 (8) (a) The costs of acquiring easements and land under this section or s. 23.096 shall be paid from the appropriation under s. 20.866 (2) (tz). Except as provided in s. 23.0915 (2), the department may not expend more than $1,000,000 for fisheries, for the acquisition of land and easements by the department under this section, for grants under sub. (3g) and for grants for this purpose under s. 23.096 in each fiscal year. Of this amount, the department may not expend more than $300,000 in each fiscal year for grants under sub. (3g) to cities, villages, towns and counties. This paragraph does not apply to fiscal year 1995-96.
SECTION 1266v. 23.094 (8) (b) of the statutes is created to read:
23.094 (8) (b) The costs of acquiring easements and land under this section or s. 23.096 shall be paid from the appropriation under s. 20.866 (2) (tz). Except as provided in s. 23.0915 (2), the department may not expend more than $528,900 for fisheries, for the acquisition of land and easements by the department under this section, for grants under sub. (3g) and for grants for this purpose under s. 23.096 in fiscal year 1995-96. Of this amount, the department may not expend more than $300,000 for grants under sub. (3g) to cities, villages, towns and counties.
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.
SECTION 1319m. 23.175 (4) of the statutes is renumbered 23.175 (4) (a) and amended to read:
23.175 (4) (a) Except as provided in s. 23.0915 (2), the department may not expend under s. 20.866 (2) (tz) more than $1,000,000 under this section for trails and for grants for this purpose under s. 23.096 in each fiscal year. Of this amount, the department may not expend more than $500,000 under sub. (3) (b) in each fiscal year. This paragraph does not apply to fiscal year 1995-96.
SECTION 1319r. 23.175 (4) (b) of the statutes is created to read:
23.175 (4) (b) Except as provided in s. 23.0915 (2), the department may not expend under s. 20.866 (2) (tz) more than $528,900 under this section for trails and for grants for this purpose under s. 23.096 in fiscal year 1995-96. Of this amount, the department may not expend more than $500,000 under sub. (3) (b).
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:
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).
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.
SECTION 1324e. 23.27 (4) of the statutes is amended to read:
23.27 (4) NATURAL AREAS LAND ACQUISITION; CONTINUING COMMITMENT. (a) It is the intent of the legislature to continue natural areas land acquisition activities from moneys available from the appropriation appropriations under ss. 20.370 (1) (kb) and 20.866 (2) (ts) and (tz). This commitment is separate from and in addition to the commitment to acquire natural areas under the Wisconsin natural areas heritage program.
(b) Except as provided in s. 23.0915 (2), the department may not expend under s. 20.866 (2) (tz) more than $1,500,000 in each fiscal year for natural areas land acquisition activities under this subsection and for grants for this purpose under s. 23.096. This paragraph does not apply to fiscal year 1995-96.
SECTION 1324j. 23.27 (4) (c) of the statutes is created to read:
23.27 (4) (c) Except as provided in s. 23.0915 (2), the department may not expend under s. 20.866 (2) (tz) more than $799,500 in fiscal year 1995-96 for natural areas land acquisition activities under this subsection and for grants for this purpose under s. 23.096.
SECTION 1324r. 23.27 (5) of the statutes is amended to read:
23.27 (5) NATURAL AREAS LAND ACQUISITION; COMMITMENT UNDER THE WISCONSIN NATURAL AREAS HERITAGE PROGRAM. (a) It is the intent of the legislature to initiate additional natural areas land acquisition activities with moneys available from the appropriations under ss. 20.370 (1) (mg) and 20.866 (2) (tt) and (tz) under the Wisconsin natural areas heritage program. This commitment is separate from and in addition to the continuing commitment under sub. (4). Moneys available from the appropriations under ss. 20.370 (1) (mg) and 20.866 (2) (tt) and (tz) under the Wisconsin natural areas heritage program may not be used to acquire land through condemnation. The department may not acquire land under this subsection unless the land is suitable for dedication under the Wisconsin natural areas heritage program and upon purchase or as soon after purchase as practicable the department shall take all necessary action to dedicate the land under the Wisconsin natural areas heritage program.
(b) Except as provided in s. 23.0915 (2), the department may not expend under s. 20.866 (2) (tz) more than $500,000 in each fiscal year for natural areas land acquisition activities under this subsection and for grants for this purpose under s. 23.096. This paragraph does not apply to fiscal year 1995-96.
SECTION 1324v. 23.27 (5) (c) of the statutes is created to read:
23.27 (5) (c) Except as provided in s. 23.0915 (2), the department may not expend under s. 20.866 (2) (tz) more than $270,600 in fiscal year 1995-96 for natural areas land acquisition activities under this subsection and for grants for this purpose under s. 23.096.
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.
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.
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.
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.
SECTION 1355. 23.405 of the statutes is renumbered 23.405 (1).
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).
SECTION 1357. 23.49 of the statutes is amended to read:
23.49 Credit card use charges. The department shall certify to the state treasurer secretary of administration the amount of charges associated with the use of credit cards that is assessed to the department on deposits accepted under s. 23.66 (1m) by conservation wardens, and the state treasurer secretary of administration shall pay the charges from moneys received under s. 59.20 (8) and (8m) that are reserved for payment of the charges under s. 14.58 (21) 16.40 (36).
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.
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.
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.
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:
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.
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:
SECTION 1363b. 23.85 of the statutes is amended to read:
23.85 Statement to county board; payment to state. Every county treasurer shall, on the first day of the annual meeting of the county board of supervisors, submit to it a verified statement of all forfeitures, penalty assessments, jail assessments, weapons assessments, environmental assessments, wild animal protection assessments, natural resources assessments, fishing shelter removal assessments, snowmobile registration restitution payments and natural resources restitution payments money received during the previous year. The county clerk shall deduct all expenses incurred by the county in recovering those forfeitures, penalty assessments, weapons assessments, environmental assessments, wild animal protection assessments, natural resources assessments, fishing shelter removal assessments, snowmobile registration restitution payments and natural resources restitution payments from the aggregate amount so received, and shall immediately certify the amount of clear proceeds of those forfeitures, penalty assessments, weapons assessments, environmental assessments, wild animal protection assessments, natural resources assessments, fishing shelter removal assessments, snowmobile registration restitution payments and natural resources restitution payments to the county treasurer, who shall pay the proceeds to the state treasurer secretary of administration as provided in s. 59.20. Jail assessments shall be treated separately as provided in s. 302.46.
SECTION 1363e. 24.17 (1) (intro.) of the statutes is amended to read:
24.17 (1) (intro.) When the purchaser of any such lands shall make payment to the treasurer secretary of administration of the amount required to be paid on such sale, and, in case of a private sale, shall also produce the memorandum mentioned in s. 24.16, the treasurer secretary of administration shall give a receipt therefor to such purchaser, and unless such sale be made wholly for cash the board shall execute and deliver to such person a duplicate certificate of sale, in which it shall certify:
SECTION 1363h. 24.17 (2) of the statutes is amended to read:
24.17 (2) When the sale is wholly for cash, upon payment as above provided, the treasurer secretary of administration shall thereupon give to such purchaser a receipt stating the amount paid and giving a description of the lot or tract of land sold and that such purchaser is entitled to receive a patent according to law.
SECTION 1363L. 24.20 of the statutes is amended to read:
24.20 Payments and accounts. All money paid on account of sales of public lands shall be paid to the state treasurer secretary of administration who shall credit the proper fund therewith, crediting the general fund with the proceeds of sales of Marathon county lands, and the secretary of administration or the secretary's designee, upon countersigning the receipt given therefor, shall charge the treasurer therewith, and shall also enter the name of the person paying the same, the number of the certificate, if any, upon which the amount shall be paid and the time of the payment.
SECTION 1363p. 24.25 of the statutes is amended to read:
24.25 Patent and record thereof. Whenever full payment shall have been made for any such lands as required by law, and the purchaser or the purchaser's legal representatives shall produce to the board the duplicate certificate of sale, with the receipt of the state treasurer secretary of administration indorsed thereon, showing that the whole amount of the principal and interest due thereon has been paid and that the holder of such certificate is entitled to a patent for the lands described therein, the original and duplicate certificates shall be canceled, and the board shall thereupon execute and deliver a patent to the person entitled thereto for the land described in such certificate. All patents issued by the board shall be recorded in its office; and the record of patents heretofore issued by it is hereby declared a legal record. Purchasers may, at any time before due, pay any part or the whole of such purchase money and the interest thereon. In all cases where patents have been or may hereafter be issued to a person who may have died or who shall die before the date thereof, the title to the land described therein shall inure to and become vested in the heirs, devisees or assignees of such person to the same extent as if the patent had issued to that person during that person's lifetime.
SECTION 1363r. 24.29 of the statutes is amended to read:
24.29 Redemption. At any time before the 5 days next preceding the reoffering of such land at public sale, the former purchaser or the former purchaser's assigns or legal representatives may, by the payment of the sum due with interest, and all taxes returned thereon to the state treasurer secretary of administration which are still unpaid, and all costs occasioned by the delay, together with 3% damages on the whole sum owing for such land, prevent such resale and revive the original contract.
SECTION 1363u. 24.32 (2) of the statutes is amended to read:
24.32 (2) Every such tract may be redeemed by the former purchaser thereof, the former purchaser's assigns or legal representatives at any time before the June 30th next following the date of such resale, upon presenting to the board satisfactory proof, which shall be filed and preserved by it, that such tract was, at the time of resale, in whole or in part under cultivation or adjoining a tract partly cultivated, belonging to the former purchaser, the former purchaser's assigns or legal representatives and used in connection therewith, and upon depositing with the state treasurer secretary of administration, for the use of the purchaser at such resale the amount paid by the purchaser for such land, together with 25% of the amount of such taxes, interest and costs in addition thereto; and every certificate issued upon any such resale shall be subject to the right of redemption whether it be expressed in such certificate or not. And no patent shall be issued on any such resale until the expiration of such redemption period.
