SB352-SSA1,14,4
18(8) If further violations of this section are committed during the term of the
19contract, the contracting agency, the Fox River Navigational System Authority,
the
20Wisconsin Aerospace Authority, or the Bradley Center Sports and Entertainment
21Corporation may permit the violating party to complete the contract, after complying
22with this section, but thereafter the contracting agency, the Fox River Navigational
23System Authority,
the Wisconsin Aerospace Authority, or the Bradley Center Sports
24and Entertainment Corporation shall request the department to place the name of
25the party on the ineligible list for state contracts, or the contracting agency, the Fox
1River Navigational System Authority,
the Wisconsin Aerospace Authority, or the
2Bradley Center Sports and Entertainment Corporation may terminate the contract
3without liability for the uncompleted portion or any materials or services purchased
4or paid for by the contracting party for use in completing the contract.
SB352-SSA1,14,76
16.838
(1) (b) "Authority" means a body created under
subch. II of ch. 114 or 7ch. 231, 232, 233, 234, 235, or 237.
SB352-SSA1,14,189
16.85
(2) To furnish engineering, architectural, project management and other
10building construction services whenever requisitions therefor are presented to the
11department by any agency. The department may deposit moneys received from the
12provision of these services in the account under s. 20.505 (1) (kc) or in the general
13fund as general purpose revenue — earned. In this subsection, "agency" means an
14office, department, independent agency, institution of higher education, association,
15society or other body in state government created or authorized to be created by the
16constitution or any law, which is entitled to expend moneys appropriated by law,
17including the legislature and the courts, but not including an authority created in
18subch. II of ch. 114 or ch. 231, 233, 234, or 237.
SB352-SSA1,15,920
16.865
(8) Annually in each fiscal year, allocate as a charge to each agency a
21proportionate share of the estimated costs attributable to programs administered by
22the agency to be paid from the appropriation under s. 20.505 (2) (k). The department
23may charge premiums to agencies to finance costs under this subsection and pay the
24costs from the appropriation on an actual basis. The department shall deposit all
25collections under this subsection in the appropriation account under s. 20.505 (2) (k).
1Costs assessed under this subsection may include judgments, investigative and
2adjustment fees, data processing and staff support costs, program administration
3costs, litigation costs and the cost of insurance contracts under sub. (5). In this
4subsection, "agency" means an office, department, independent agency, institution
5of higher education, association, society or other body in state government created
6or authorized to be created by the constitution or any law, which is entitled to expend
7moneys appropriated by law, including the legislature and the courts, but not
8including an authority created in
subch. II of ch. 114 or ch. 231, 232, 233, 234, 235,
9or 237.
SB352-SSA1,15,1211
19.42
(10) (q) The executive director and members of the board of directors of
12the Wisconsin Aerospace Authority.
SB352-SSA1, s. 26
13Section
26. 20.005 (3) (schedule) of the statutes: at the appropriate place,
14insert the following amounts for the purposes indicated:
-
See PDF for table ![PDF](https://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
SB352-SSA1,15,1816
20.395
(2) (mq)
Astronautics assistance, state funds. As a continuing
17appropriation, the amounts in the schedule for the state's share of spaceport projects
18and for the Wisconsin Aerospace Authority under subch. II of ch. 114.
SB352-SSA1,16,4
120.395
(2) (mv)
Astronautics assistance, local funds. All moneys received by
2the state from any local unit of government or other source for spaceports and for the
3Wisconsin Aerospace Authority under subch. II of ch. 114 and the loan program
4under s. 114.375, for such purposes.
SB352-SSA1,16,86
20.395
(2) (mx)
Astronautics assistance, federal funds. All moneys received
7from the federal government for spaceports and for the Wisconsin Aerospace
8Authority under subch. II of ch. 114, for such purposes.
SB352-SSA1,16,1410
23.175
(1) (b) "State agency" means any office, department, agency, institution
11of higher education, association, society or other body in state government created
12or authorized to be created by the constitution or any law which is entitled to expend
13moneys appropriated by law, including any authority created under
subch. II of ch.
14114 or ch. 231, 233, 234, or 237 but not including the legislature or the courts.
SB352-SSA1, s. 31
15Section
31. 24.61 (2) (a) 10. of the statutes is created to read:
SB352-SSA1,16,1616
24.61
(2) (a) 10. Bonds of the Wisconsin Aerospace Authority.
SB352-SSA1, s. 32
17Section
32. 25.17 (3) (b) 13. of the statutes is created to read:
SB352-SSA1,16,1818
25.17
(3) (b) 13. Bonds issued by the Wisconsin Aerospace Authority.
SB352-SSA1,17,420
25.50
(1) (d) "Local government" means any county, town, village, city, power
21district, sewerage district, drainage district, town sanitary district, public inland
22lake protection and rehabilitation district, local professional baseball park district
23created under subch. III of ch. 229, family care district under s. 46.2895, local
24professional football stadium district created under subch. IV of ch. 229, local
25cultural arts district created under subch. V of ch. 229, public library system, school
1district or technical college district in this state, any commission, committee, board
2or officer of any governmental subdivision of this state, any court of this state, other
3than the court of appeals or the supreme court, or any authority created under s.
4114.61, 231.02, 233.02 or 234.02.
SB352-SSA1,17,106
32.01
(1) "Person" includes the state, a county, town, village, city, school district
7or other municipal corporation, a board, commission, including a commission created
8by contract under s. 66.0301, corporation, or housing authority created under ss.
966.1201 to 66.1211 or redevelopment authority created under s. 66.1333
or the
10Wisconsin Aerospace Authority created under s. 114.61.
SB352-SSA1,17,1312
32.02
(11m) The Wisconsin Aerospace Authority created under subch. II of ch.
13114.
SB352-SSA1,18,10
1532.05 Condemnation for sewers and transportation facilities. (intro.)
16In this section, "mass transit facility" includes, without limitation because of
17enumeration, exclusive or preferential bus lanes if those lanes are limited to
18abandoned railroad rights-of-way or existing expressways constructed before
19May 17, 1978, highway control devices, bus passenger loading areas and terminal
20facilities, including shelters, and fringe and corridor parking facilities to serve bus
21and other public mass transportation passengers, together with the acquisition,
22construction, reconstruction and maintenance of lands and facilities for the
23development, improvement and use of public mass transportation systems for the
24transportation of passengers. This section does not apply to proceedings in 1st class
25cities under subch. II. In any city, condemnation for housing under ss. 66.1201 to
166.1211, for urban renewal under s. 66.1333, or for cultural arts facilities under
2subch. V of ch. 229, may proceed under this section or under s. 32.06 at the option
3of the condemning authority. Condemnation by a local exposition district under
4subch. II of ch. 229 for any exposition center or exposition center facility may proceed
5under this section or under s. 32.06 at the option of the local exposition district. All
6other condemnation of property for public alleys, streets, highways, airports,
7spaceports, mass transit facilities, or other transportation facilities, gas or leachate
8extraction systems to remedy environmental pollution from a solid waste disposal
9facility, storm sewers and sanitary sewers, watercourses or water transmission and
10distribution facilities shall proceed as follows:
SB352-SSA1,18,1212
40.02
(54) (j) The Wisconsin Aerospace Authority.
SB352-SSA1, s. 38
13Section
38. 66.0603 (1m) (a) 3u. of the statutes is created to read:
SB352-SSA1,18,1414
66.0603
(1m) (a) 3u. Bonds issued by the Wisconsin Aerospace Authority.
SB352-SSA1,18,1916
70.11
(38m) Wisconsin Aerospace Authority. Notwithstanding the provisions
17of s. 70.11 (intro.) that relate to leased property or that impose other limitations, all
18property owned or leased by the Wisconsin Aerospace Authority, provided that use
19of the property is primarily related to the purposes of the authority.
SB352-SSA1,18,2121
71.05
(1) (c) 7. The Wisconsin Aerospace Authority.
SB352-SSA1,18,2523
71.26
(1) (be)
Certain authorities. Income of the University of Wisconsin
24Hospitals and Clinics Authority
and, of the Fox River Navigational System
25Authority
, and of the Wisconsin Aerospace Authority.
SB352-SSA1,19,22
71.26
(1m) (h) Those issued under s. 114.70 or 114.74.
SB352-SSA1,19,44
71.45
(1t) (h) Those issued under s. 114.70 or 114.74.
SB352-SSA1,19,86
77.54
(9a) (a) This state or any agency thereof, the University of Wisconsin
7Hospitals and Clinics Authority,
the Wisconsin Aerospace Authority, and the Fox
8River Navigational System Authority.
SB352-SSA1,19,1610
84.072
(3) Implied consent. Any municipality, county, or other person
,
11including the Wisconsin Aerospace Authority created under subch. II of ch. 114, that
12accepts federal moneys from the appropriations under s. 20.395 (1) (bx), (2) (ax), (dx),
13or (fx),
or (mx), or (3) (bx), (cx), or (ex), or accepts other federal moneys for highway,
14transit,
or, airport
, or spaceport purposes, after September 1, 2001, is considered to
15have given consent to the unified certification disadvantage business program
16administered under this section.
SB352-SSA1,19,2418
85.02
(1) The department may direct, undertake and expend state and federal
19aid for planning, promotion and protection activities in the areas of highways, motor
20vehicles, traffic law enforcement, aeronautics
and astronautics, railroads,
21waterways, specialized transportation services, mass transit systems and for any
22other transportation mode. All state, regional and municipal agencies and
23commissions created under authority of law shall to the extent practicable, when
24dealing with transportation, follow the recommendations made by the secretary.
SB352-SSA1,20,9
1100.45
(1) (dm) "State agency" means any office, department, agency,
2institution of higher education, association, society or other body in state
3government created or authorized to be created by the constitution or any law which
4is entitled to expend moneys appropriated by law, including the legislature and the
5courts, the Wisconsin Housing and Economic Development Authority, the Bradley
6Center Sports and Entertainment Corporation, the University of Wisconsin
7Hospitals and Clinics Authority, the Wisconsin Health and Educational Facilities
8Authority,
the Wisconsin Aerospace Authority, and the Fox River Navigational
9System Authority.
SB352-SSA1,20,1811
101.177
(1) (d) "State agency" means any office, department, agency,
12institution of higher education, association, society or other body in state
13government created or authorized to be created by the constitution or any law which
14is entitled to expend moneys appropriated by law, including the legislature and the
15courts, the Wisconsin Housing and Economic Development Authority, the Bradley
16Center Sports and Entertainment Corporation, the University of Wisconsin
17Hospitals and Clinics Authority
, the Wisconsin Aerospace Authority, and the
18Wisconsin Health and Educational Facilities Authority.
SB352-SSA1, s. 49
19Section
49. Chapter 114 (title) of the statutes is amended to read:
SB352-SSA1,20,2121
AERONAUTICS
and astronautics
SB352-SSA1, s. 50
22Section
50. Subchapter I (title) of chapter 114 [precedes 114.001] of the
23statutes is created to read:
SB352-SSA1,21,2
1Subchapter I
2
air TransportatioN
SB352-SSA1,21,104
114.002
(1) "Aeronautics" means the science and art of
aircraft flight and
5including but not limited to transportation by aircraft; the operation, construction,
6repair or maintenance of aircraft, aircraft power plants and accessories, including
7the repair, packing and maintenance of parachutes; the design, establishment,
8construction, extension, operation, improvement, repair or maintenance of airports
9or other air navigation facilities; and instruction in flying or ground subjects
10pertaining thereto.
SB352-SSA1,21,1312
114.002
(3) "Aircraft" means any contrivance invented, used
, or designed for
13navigation of or flight in the air
, but does not include spacecraft.
SB352-SSA1,21,1615
114.002
(11m) "Astronautics" means the science and art of spacecraft flight
16and all activities related thereto.
SB352-SSA1, s. 54
17Section
54. 114.002 (18r), (18s) and (18t) of the statutes are created to read:
SB352-SSA1,21,2018
114.002
(18r) "Spacecraft" means any contrivance invented, used, or designed
19for navigation or flight beyond the earth's atmosphere, including rockets, missiles,
20capsules, modules, and other vehicles, whether with or without passengers.
SB352-SSA1,21,24
21(18s) "Spacecraft launch or landing area" means any area used, or intended for
22use, for launching or landing spacecraft or for surface maneuvering, positioning, or
23preparation of spacecraft for imminent launching or immediately after landing,
24including any launch pad, landing area, or launch or landing control center.
SB352-SSA1,22,4
1(18t) "Spaceport" means any area of land or water that is used, or intended for
2use, as a spacecraft launch or landing area and any appurtenant areas that are used,
3or intended for use, for spaceport buildings or other spaceport facilities or
4rights-of-way, together with all spaceport buildings and facilities located thereon.
SB352-SSA1,22,14
6114.04 Flying and landing, limitations. Flight in aircraft
or spacecraft over
7the lands and waters of this state is lawful, unless at such a low altitude as to
8interfere with the then existing use to which the land or water, or the space over the
9land or water, is put by the owner, or unless so conducted as to be imminently
10dangerous or damaging to persons or property lawfully on the land or water beneath.
11The landing of an aircraft
or spacecraft on the lands or waters of another, without
12the person's consent, is unlawful, except in the case of a forced landing. For damages
13caused by a forced landing, however, the owner or lessee of the aircraft
or spacecraft 14or the aeronaut
or astronaut shall be liable, as provided in s. 114.05.
SB352-SSA1,23,2
16114.05 Damages by aircraft or spacecraft. The liability of the owner, lessee
17and pilot of every aircraft
or spacecraft operating over the lands or waters of this
18state for injuries or damage to persons or property on the land or water beneath,
19caused by the ascent, descent or flight of such aircraft
or spacecraft, or the dropping
20or falling of the aircraft
or spacecraft or of any object or material therefrom, shall be
21determined by the law applicable to torts on land, except that there shall be a
22presumption of liability on the part of the owner, lessee or pilot, as the case may be,
23where injury or damage is caused by the dropping or falling of the aircraft
or
24spacecraft or of any object or material therefrom, which presumption may be
25rebutted by proof that the injury or damage was not caused by negligence on the part
1of the owner, lessee or pilot and the burden of proof in such case shall be upon such
2owner, lessee or pilot to show absence of negligence on his or her part.
SB352-SSA1,23,9
4114.07 Criminal jurisdiction. All crimes, torts and other wrongs committed
5by or against an aeronaut
, astronaut, or passenger while in flight over this state shall
6be governed by the laws of this state; and the question whether damage occasioned
7by or to an aircraft
or spacecraft while in flight over this state constitutes a tort, crime
8or other wrong by or against the owner of such aircraft
or spacecraft, shall be
9determined by the laws of this state.
SB352-SSA1,23,20
11114.105 Local regulation. Any county, town, city or village may adopt any
12ordinance in strict conformity with the provisions of this chapter and impose the
13same penalty for violation of any of its provisions except that such ordinance shall
14not provide for the suspension or revocation of pilot or aircraft licenses or certificates
15and shall not provide for imprisonment except for failure to pay any fine which may
16be imposed. No local authority shall enact any ordinance governing aircraft or
17aeronautics
or spacecraft or astronautics contrary to or inconsistent with the
18provisions of this chapter or federal law. Every court in which a violation of such
19ordinance is prosecuted shall make a written report of any conviction (including bail
20or appearance money forfeiture) to the federal aviation administration.
SB352-SSA1,23,22
22114.11 (title)
Local airports and spaceports; interstate reciprocity.
SB352-SSA1, s. 60
23Section
60. 114.11 (1), (2), (3), (4) and (5) (intro.) of the statutes are amended
24to read:
SB352-SSA1,24,18
1114.11
(1) The governing body of any county, city, village or town in this state
2is hereby authorized to acquire, establish, construct, own, control, lease, equip,
3improve, maintain and operate airports or landing fields or landing and take-off
4strips for the use of airplanes and other aircraft
, or spaceports or spacecraft launch
5or landing areas, either within or without the limits of such counties, cities, villages
6and towns, and may use for such purpose or purposes any property suitable therefor
7that is now or may at any time hereafter be owned or controlled by such county, city,
8village or town, and may regulate the same, provided, such regulation shall not be
9in conflict with such rules and regulations as may be made by the federal
10government. The governing body of each and every county and municipality owning
11an airport or landing field or landing and take-off strip
, or spaceport or spacecraft
12launch or landing area, in the state of Wisconsin shall cause the surroundings of such
13airport, landing field or landing and take-off strip
, or spaceport or spacecraft launch
14or landing area, to be marked for aeronautical
or astronautical purposes, and
15maintain such marking, subject to and in accordance with law and such rules and
16regulations as may from time to time be made by the federal government and in so
17doing may cooperate with other states and subdivisions thereof and acquire rights
18and easements in property outside of the state.
SB352-SSA1,24,25
19(2) The governing body of any county, city, village or town of this state is
20authorized to acquire, establish, construct, own, control, lease, equip, improve,
21maintain and operate airports or landing fields or landing and take-off strips or
22other aeronautical facilities
, or spaceports or spacecraft launch or landing areas or
23other astronautical facilities, in an adjoining state whose laws permit, subject to the
24laws of such state, but subject to the laws of this state in all matters relating to
25financing such aeronautical
or astronautical project.
SB352-SSA1,25,19
1(3) The governing body of any municipality or other political subdivision of an
2adjoining state whose laws permit, is hereby authorized to acquire, establish,
3construct, own, control, lease, equip, improve, maintain and operate airports, or
4landing fields, or landing and take-off strips or other aeronautical facilities
, or
5spaceports or spacecraft launch or landing areas or other astronautical facilities, in
6this state, subject to all laws, rules and regulations of this state applicable to its
7municipalities or other political subdivisions in such aeronautical
or astronautical 8project, but subject to the laws of its own state in all matters relating to financing
9such project. Such municipality or other political subdivision of an adjoining state
10shall have all privileges, rights and duties of like municipalities or other political
11subdivisions of this state, including the right to exercise the right of eminent domain.
12This subsection shall not apply unless the laws of such adjoining state shall permit
13municipalities or other political subdivisions of this state to acquire, establish,
14construct, own, control, lease, equip, improve, maintain, operate and otherwise
15control such airport, landing field or landing and take-off strips or other
16aeronautical facilities
, or spaceports or spacecraft launch or landing areas or other
17astronautical facilities, therein with all privileges, rights and duties applicable to the
18municipalities or other political subdivisions of such adjoining state in such
19aeronautical
or astronautical projects.
SB352-SSA1,25,23
20(4) The governing body of any county, city, village or town is authorized to
21appropriate money to any town, city, village or other county, for the operation,
22improvement or acquisition of an airport
or spaceport by such town, city, village or
23other county or any combination of such municipalities.
SB352-SSA1,26,3
24(5) (intro.) The governing body of any county, city, village or town in this state
25may, together with any municipality or other political subdivision of an adjoining
1state if, under the laws of that state, such municipality or other political subdivision
2is similarly authorized, jointly sponsor an airport
or spaceport project located in this
3state or in the adjoining state.
SB352-SSA1,26,25
5114.12 Condemnation of lands for airports
and spaceports. Any lands
6acquired, owned, controlled or occupied by such counties, cities, villages and towns
7for the purposes enumerated in s. 114.11 shall and are hereby declared to be
8acquired, owned, controlled and occupied for a public purpose, and as a matter of
9public necessity, and such cities, villages, towns or counties shall have the right to
10acquire property for such purpose or purposes under the power of eminent domain
11as and for a public necessity including property owned by other municipal
12corporations and political subdivisions and including any street, highway, park,
13parkway or alley, provided that no state trunk highway shall be so acquired without
14the prior consent of the department. Whenever the county, city, village or town as
15the case may be shall own all land or access rights on both sides of such street,
16highway, park, parkway or alley, it may, within the limits where it has ownership or
17access rights on both sides, notwithstanding any other provisions of law, vacate and
18close such public way by resolution of the governing body of the county, city, village
19or town acquiring it and no damages shall be assessed against such county, city,
20village or town by reason of such closing, except as may be allowed in a particular
21condemnation action where the lands or rights in lands necessary for such airport
22or spaceport are so acquired. If such closing shall leave any part of such street,
23highway, parkway or alley without access to another public street or highway, the
24county, town, city or village effecting such closing shall immediately provide such
25access at its expense.