SB45: Bill Text

SB45, s. 661 Section 661. 23.09 (26) (am) 2. of the statutes is amended to read:

SB45,484,21 23.09 (26) (am) 2. Enter into agreements with the department to use for snowmobile trails, facilities or areas lands owned or leased by the department. No lands of the department to be used for snowmobiling purposes within the meaning of this subsection may be obtained through condemnation.

SB45, s. 662 Section 662. 23.0912 of the statutes is created to read:

SB45,485,2 23.0912 State natural resources areas. The department may designate, acquire, develop, operate and maintain state natural resources areas for the purpose of conserving the state's natural resources. The department may allow various resource management and recreational uses within the boundaries of these areas. The recreational uses may include hunting and fishing.

SB45, s. 663 Section 663. 23.0915 (2t) of the statutes is created to read:

SB45,485,7 23.0915 (2t) State park for the city of Milwaukee. (a) Subject to par. (b), from the appropriation under s. 20.866 (2) (tz), the department shall expend the moneys necessary for all of the following for a state park which will provide access to Lake Michigan from the city of Milwaukee:

SB45,485,8 1. Studies and plans for the establishment and development of the state park.

SB45,485,9 2. Development of the state park.

SB45,485,11 (b) The department may not expend more than $500,000 for the study and plan under par. (a).

SB45,485,13 (c) For purposes of sub. (1), moneys expended under par. (a) shall be treated as moneys expended for general property development.

SB45, s. 664 Section 664. 23.0917 of the statutes is created to read:

SB45,485,16 23.0917 Natural resources land endowment fund. (1) In this section, "land" includes any buildings, facilities or other structures located on the land.

SB45,485,23 (2) Unless the natural resources board determines otherwise in a specific case, only the income from the gifts, grants or bequests in the fund is available for expenditure. The natural resources board may authorize expenditures only for preserving, developing, managing or maintaining land under the jurisdiction of the department that is used for any of the purposes specified in s. 23.09 (2) (d). In this subsection, unless otherwise provided in a gift, grant or bequest, principal and income are determined as provided under s. 701.20 (3).

SB45, s. 665 Section 665. 23.094 (2) (c) 3. of the statutes is repealed.

SB45, s. 666 Section 666. 23.14 of the statutes is amended to read:

SB45,486,10 23.14 Approval required before new lands acquired. Prior to the initial acquisition of any lands by the department after July 1, 1977, for any new facility or project, the proposed initial acquisition shall be submitted to the governor for his or her approval. New facilities or projects include, without limitation because of enumeration, state parks, state forests, state natural resources areas, recreation areas, public shooting, trapping or fishing grounds or waters, fish hatcheries, game farms, forest nurseries, experimental stations, endangered species preservation areas, picnic and camping grounds, hiking trails, cross-country ski trails, bridle trails, nature trails, bicycle trails, snowmobile trails, youth camps, land in the lower Wisconsin state riverway as defined in s. 30.40 (15), natural areas and wild rivers.

SB45, s. 667 Section 667. 23.15 (4) of the statutes is amended to read:

SB45,486,17 23.15 (4) Said natural resources board effecting the sale of any such lands and structures shall, upon receiving payment therefor, deposit the funds in the conservation fund to be used exclusively for the purpose of purchasing other areas of land for the creating and establishing of public hunting and fishing grounds, state natural resources areas, wildlife and fish refuges and state parks and for land in the lower Wisconsin state riverway as defined in s. 30.40 (15).

SB45, s. 668 Section 668. 23.16 (3) of the statutes is renumbered 23.16 (3) (intro.) and amended to read:

SB45,487,2 23.16 (3) Subscriber lists. (intro.) The department may refuse to reveal names and addresses of persons on any magazine or periodical subscriber list. The department may charge a fee to recover the actual costs for providing or for the use of any magazine or periodical subscriber list. No person who obtains or uses any magazine or periodical subscriber list from the department may refer to the department, the magazine or the periodical as the source of names or addresses unless the person clearly indicates states that the provision of, or permission to use , the subscriber list in no way indicates the any of the following:

SB45,487,4 (a) The department's knowledge, involvement, approval, authorization or connection with the person or the person's activities.

SB45, s. 669 Section 669. 23.16 (3) (b) of the statutes is created to read:

SB45,487,7 23.16 (3) (b) The department's knowledge, approval or authorization of the person's activities.

SB45, s. 670 Section 670. 23.165 (4) of the statutes is renumbered 23.165 (4) (intro.) and amended to read:

SB45,487,17 23.165 (4) Subscriber lists. (intro.) Notwithstanding s. 19.35, the department may refuse to reveal names and addresses of persons on any publication subscriber list. The department may charge a fee to recover the actual costs for providing or for the use of a publication subscriber list. No person who obtains or uses a publication subscriber list from the department may refer to the department or the publication as the source of names or addresses unless the person clearly indicates states that the provision of, or permission to use, the subscriber list in no way indicates the any of the following:

SB45,487,19 (a) The department's knowledge, involvement, approval, authorization or connection with the person or the person's activities.

SB45, s. 671 Section 671. 23.165 (4) (b) of the statutes is created to read:

SB45,487,22 23.165 (4) (b) The department's knowledge, approval or authorization of the person's activities.

SB45, s. 672 Section 672. 23.27 (5) of the statutes is amended to read:

SB45,488,14 23.27 (5) Natural areas land acquisition; commitment under the Wisconsin natural areas heritage program. 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. 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.

SB45, s. 673 Section 673. 23.322 of the statutes is created to read:

SB45,488,20 23.322 Fees for computer accessible water resource management information. The department may charge a fee for providing any information that that it maintains in a format that may be accessed by computer concerning the waters of this state, including maps and other water resource management information.

SB45, s. 674 Section 674. 23.33 (1) (g) of the statutes is created to read:

SB45,488,24 23.33 (1) (g) "Expedited service" means the process under which a person is able to renew an all-terrain vehicle registration certificate in person and with only one appearance at the site where certificates are renewed.

SB45, s. 675 Section 675. 23.33 (2) (i) of the statutes is created to read:

SB45,489,3 23.33 (2) (i) Registration; appointment of agents. For the issuance of all-terrain vehicle registration certificates, the department may do any of the following:

SB45,489,4 1. Directly issue the certificates.

SB45,489,6 2. Appoint, as an agent of the department, the clerk of one or more counties to issue the certificates.

SB45,489,8 3. Appoint persons who are not employes of the department to issue the certificates as agents of the department.

SB45, s. 676 Section 676. 23.33 (2) (j) of the statutes is created to read:

SB45,489,12 23.33 (2) (j) Duplicates. For purposes of pars. (i) to (o), the issuance of a duplicate of an all-terrain vehicle registration certificate shall be considered the same as the issuance of an original certificate.

SB45, s. 677 Section 677. 23.33 (2) (k) of the statutes is created to read:

SB45,489,15 23.33 (2) (k) Registration; agent activities. 1. The clerk of any county appointed under par. (i) 2. or (m) may accept the appointment.

SB45,489,17 2. The department may promulgate rules regulating the activities of persons appointed under pars. (i) and (m).

SB45, s. 678 Section 678. 23.33 (2) (L) of the statutes is created to read:

SB45,489,22 23.33 (2) (L) Registration; issuing fees. An agent appointed under par. (i) 2. or 3. shall collect an issuing fee of $3 for each all-terrain vehicle registration certificate that the agent issues. The agent shall remit to the department $2 of each issuing fee collected.

SB45, s. 679 Section 679. 23.33 (2) (m) of the statutes is created to read:

SB45,490,4 23.33 (2) (m) Renewals; agents. For the renewal of all-terrain vehicle registration certificates for public use or the renewal of commercial all-terrain vehicle registration certificates, the department may renew the certificates directly or may appoint agents in the manner specified in par. (i) 2. or 3. The department may establish an expedited service to be provided by the department and these agents to renew these types of all-terrain vehicle registration certificates.

SB45, s. 680 Section 680. 23.33 (2) (n) of the statutes is created to read:

SB45,490,9 23.33 (2) (n) Renewals; fees. In addition to the renewal fee under par. (c), (d) or (dm), the department may authorize that a supplemental renewal fee of $3 be collected for the renewal of all-terrain vehicle registration certificates that are renewed in any of the following manners:

SB45,490,10 1. By agents appointed under par. (m).

SB45,490,11 2. By the department using the expedited service.

SB45, s. 681 Section 681. 23.33 (2) (o) of the statutes is created to read:

SB45,490,16 23.33 (2) (o) Renewals; remittal of fees. An agent appointed under par. (m) shall remit to the department $2 of each $3 fee collected under par. (n). Any fees remitted to or collected by the department under par. (L) or (n) shall be credited to the appropriation account under s. 20.370 (9) (hu).

SB45, s. 682 Section 682. 23.33 (5) (d) of the statutes is amended to read:

SB45,491,3 23.33 (5) (d) Safety certification program established. The department shall establish or supervise the establishment of programs a program of instruction on all-terrain vehicle laws, including the intoxicated operation of an all-terrain vehicle law, regulations, safety and related subjects. The department may charge or authorize shall establish by rule an instruction fee for this program. An instructor conducting the program of instruction under this paragraph shall collect the fee from each person who receives instruction. The department may determine the portion of this fee, which may not exceed 50%, that the instructor may retain to defray expenses incurred by the instructor in conducting the program. The instructor shall remit the remainder of the fee or, if nothing is retained, the entire fee to the department.

SB45, s. 683 Section 683. 23.38 (1) of the statutes is amended to read:

SB45,491,11 23.38 (1) The department shall maintain a toll-free telephone number at department headquarters to receive reports of violations of any statute or, administrative rule that the department enforces or administers or ordinance enumerated in s. 23.50 (1) or 29.921 (1). The department shall relay these reports to the appropriate warden or officer for investigation and enforcement action. The department shall publicize the toll-free telephone number as widely as possible in the state.

SB45, s. 684 Section 684. 23.38 (3) to (8) of the statutes are created to read:

SB45,491,20 23.38 (3) The department shall establish and administer a program to pay rewards to individuals who provide information to the department under sub. (1) or by other means concerning the violation of any statute, administrative rule or ordinance enumerated in s. 23.50 (1) or 29.921 (1). Under the program, the department may offer and pay rewards from the appropriation under s. 20.370 (3) (au) to informants who provide information that results in a finding by a court that a violation of any statute, administrative rule or ordinance enumerated in s. 23.50 (1) or 29.921 (1) was committed.

SB45,491,25 (4) If an informant claims a reward, the natural resources board shall evaluate the claim to determine if the department will pay a reward and, subject to sub. (6), the amount of the reward. The board may apportion a reward among 2 or more individuals. The offer of a reward under sub. (3) does not create any liability on the department, the natural resources board or the state.

SB45,492,5 (5) If a report made under this section leads to a finding by a court that a violation of any statute, administrative rule or ordinance enumerated in s. 23.50 (1) or 29.921 (1) was committed by the person about whom the report was made, the court may order that person to reimburse the department in an amount equal to any reward paid under sub. (3) or in any other amount determined by the court.

SB45,492,7 (6) The department may not, without the consent of the governor, pay a reward under sub. (3) that exceeds $1,000 for each violation committed by any one person.

SB45,492,9 (7) The department may withhold any record under this section from inspection or copying under s. 19.35.

SB45,492,11 (8) The department may solicit gifts, grants and bequests to support the reward program under this section.

SB45, s. 685 Section 685. 23.50 (1) of the statutes is amended to read:

SB45,492,25 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, 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.

SB45, s. 686 Section 686. 23.51 (6) of the statutes is amended to read:

SB45,493,3 23.51 (6) "Penalty assessment" means the penalty assessment imposed by s. 165.87 757.05.

SB45, s. 687 Section 687. 23.65 (1) of the statutes is amended to read:

SB45,493,9 23.65 (1) When it appears to the district attorney that a violation of s. 134.60, 281.48 (2) to (5), 283.33, 285.57 (2), 285.59 (2), (3) (c) and (4), 287.07, 287.08, 287.81 or 299.64 (2), this chapter or ch. 26, 27, 28, 29, 30, 31 or 350, or any administrative rule promulgated pursuant thereto, or a violation specified under s. 285.86 has been committed the district attorney may proceed by complaint and summons.

SB45, s. 688 Section 688. 23.65 (3) of the statutes is amended to read:

SB45,493,16 23.65 (3) If a district attorney refuses or is unavailable to issue a complaint, a circuit judge, after conducting a hearing, may permit the filing of a complaint if he or she finds there is probable cause to believe that the person charged has committed a violation of s. 287.07, 287.08 or 287.81, this chapter or ch. 26, 27, 28, 29, 30, 31 or 350 or a violation specified under s. 285.86. The district attorney shall be informed of the hearing and may attend.

SB45, s. 689 Section 689. 24.04 (2) of the statutes is amended to read:

SB45,493,24 24.04 (2) Disbursements. All expenses necessarily incurred in caring for and selling public lands shall be deducted from the gross receipts of the fund to which the proceeds of the sale of the land will be added. Expenses necessarily incurred in caring for public lands may include expenses for reforestation, erosion and insect control, submerged log monitoring, surveys, appraisals, soil surveys and soil mapping activities and other land management practices that serve to protect or enhance the interests of the beneficiaries of the trust funds.

SB45, s. 690 Section 690. 24.63 (4) of the statutes is amended to read:

SB45,494,6 24.63 (4) Repayment before due date permitted. Any borrower after March 15 and prior to August 1 of any year may repay one or more instalments of a state trust fund loan in advance of the due date, and all interest upon such advance payment shall thereupon terminate. The board may charge a borrower who repays one or more instalments of a loan a fee to cover any administrative costs incurred by the board in originating and servicing the loan.

SB45, s. 691 Section 691. 24.64 of the statutes is created to read:

SB45,494,11 24.64 Reimbursements for certain administrative services. The board shall reimburse the department of administration, from the appropriation account under s. 20.507 (1) (h), for administrative services provided by the department of administration and other state agencies to the board.

SB45, s. 692 Section 692. 24.66 (3) (b) of the statutes is amended to read:

SB45,494,19 24.66 (3) (b) For long-term loans by unified school districts. Every application for a loan, the required repayment of which exceeds 10 years, shall be approved and authorized for a unified school district by a majority vote of the members of the school board at a regular or special meeting of the school board. Every vote so required shall be by ayes and noes duly recorded. In addition, the application shall be approved for a unified school district by a majority vote of the electors of the school district at a special election referendum as provided under sub. (4) (b).

SB45, s. 693 Section 693. 24.66 (4) of the statutes is renumbered 24.66 (4) (a) and amended to read:

SB45,495,3 24.66 (4) (a) If any municipality other than a school district is not empowered by law to incur indebtedness for a particular purpose without first submitting the question to its electors, the application for a state trust fund loan for that purpose must be approved and authorized by a majority vote of the electors at a special election called, noticed and held in the manner provided for other special elections. The notice of the election shall state the amount of the proposed loan and the purpose for which it will be used.

SB45, s. 694 Section 694. 24.66 (4) (b) of the statutes is created to read:

SB45,495,15 24.66 (4) (b) If any school district is not empowered by law to incur indebtedness for a particular purpose without first submitting the question to its electors, the application for a state trust fund loan for that purpose must be approved and authorized by a majority vote of the electors at the next regularly scheduled spring election or general election that occurs not sooner than 45 days after the adoption of the resolution under sub. (5) or at a special election held on the Tuesday after the first Monday in November in an odd-numbered year if that date occurs not sooner than 45 days after the adoption of the resolution under sub. (5). The referendum shall be called, noticed and held in the manner provided for other referenda. The notice of the referendum shall state the amount of the proposed loan and the purpose for which it will be used.

SB45, s. 695 Section 695. 25.156 (6) (intro.) of the statutes is amended to read:

SB45,496,10 25.156 (6) (intro.) The investment board may provide a plan of bonus compensation for the executive director, internal auditor, employes appointed by the internal auditor who are appointed in the unclassified service and other employes of the board who are appointed in the unclassified service, other than employes eligible for the plan of bonus compensation provided under sub. (6m), whereby the employes may qualify for an annual bonus for meritorious performance. No such bonuses awarded by the board for any fiscal year may exceed a total of 10% of the total annualized salaries of all unclassified employes of the board, other than employes eligible for the plan of bonus compensation provided under sub. (6m), at the beginning of the fiscal year. No bonus awarded by the board to any individual employe for any fiscal year may exceed a total of 25% of the annual salary of the employe at the beginning of the fiscal year. In awarding bonus compensation for a given period, the board shall consider the performance of funds similar to those for which it has managing authority and market indices for the same period. The board shall provide for a portion of the bonus compensation awarded under this subsection to be distributed to an employe over a 3-year period conditioned upon continuation of employment to the time of distribution, except as provided in sub. (7). Bonus compensation may only be awarded under this subsection pursuant to a plan adopted by the board that specifies all of the following:

SB45, s. 696 Section 696. 25.156 (6m) of the statutes is created to read:

SB45,496,25 25.156 (6m) (a) The investment board may provide a plan of bonus compensation for employes of the board who are appointed in the unclassified service and who are investment professionals, as determined by the secretary of administration under par. (b), whereby the employes may qualify for an annual bonus for meritorious performance. No such bonuses awarded by the board for any fiscal year may exceed a total of 25% of the total annualized salaries of all employes who are investment professionals, as determined by the secretary of administration under par. (b), at the beginning of the fiscal year. No bonus awarded by the board to any individual employe for any fiscal year may exceed a total of 50% of the annual salary of the employe at the beginning of the fiscal year. In awarding bonus compensation for a given period, the board shall consider the performance of funds similar to those for which it has managing authority and market indices for the same period. Bonus compensation may only be awarded under this subsection pursuant to a plan adopted by the board that specifies all of the following: