Other state government
Under current law, a county that has a federally recognized Indian reservation within or partly within its boundaries may develop a cooperative county-tribal law enforcement program with a tribe located in the county. The county and the tribe may apply for and receive aid from DOJ for the program. The Office of Justice Assistance (OJA) administers a separate grant program to fund county law enforcement services in counties that border Indian reservations. A county is eligible for a grant under the OJA program only if: 1) the county demonstrates a need for those services; 2) there is a neighboring tribe with which the county does not have a county-tribal law enforcement agreement; and 3) the county meets criteria established by rule by OJA. Both of these grant programs are funded from Indian gaming receipts.
This bill makes OJA responsible for administering the cooperative county-tribal grant program and extends its applicability to cases in which a county borders a reservation. At the same time the bill eliminates the existing OJA grant program for counties that border Indian reservations.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 16.964 (7) of the statutes is repealed.
SECTION 2. 20.455 (2) (kt) of the statutes is renumbered 20.505 (6) (kv) and amended to read:
20.505 (6) (kv) County-tribal programs, local assistance. The amounts in the schedule for distribution to county-tribal law enforcement programs under s. 165.90 16.964 (7m). All moneys transferred from the appropriation account under s. 20.505 (8) (hm) 15g. shall be credited to this appropriation account. Notwithstanding s. 20.001 (3) (a), the unencumbered balance on June 30 of each year shall revert to the appropriation account under s. 20.505 (8) (hm).
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 3. 20.455 (2) (ku) of the statutes is renumbered 20.505 (6) (kw) and amended to read:
20.505 (6) (kw) County-tribal programs, state operations. The amounts in the schedule to finance the activities of the department of justice associated with county-tribal law enforcement programs under s. 165.90 16.964 (7m). All moneys transferred from the appropriation account under s. 20.505 (8) (hm) 15h. shall be credited to this appropriation account. Notwithstanding s. 20.001 (3) (a), the unencumbered balance on June 30 of each year shall revert to the appropriation account under s. 20.505 (8) (hm).
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 4. 20.505 (6) (kq) of the statutes is repealed.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 5. 20.505 (8) (hm) 15d. of the statutes is repealed.
SECTION 6. 20.505 (8) (hm) 15g. of the statutes is amended to read:
20.505 (8) (hm) 15g. The amount transferred to s. 20.455 (2) (kt) sub. (6) (kv) shall be the amount in the schedule under s. 20.455 (2) (kt) sub. (6) (kv).
SECTION 7. 20.505 (8) (hm) 15h. of the statutes is amended to read:
20.505 (8) (hm) 15h. The amount transferred to s. 20.455 (2) (ku) sub. (6) (kw) shall be the amount in the schedule under s. 20.455 (2) (ku) sub. (6) (kw).
SECTION 8. 59.54 (12) of the statutes is amended to read:
59.54 (12) COUNTY-TRIBAL LAW ENFORCEMENT PROGRAMS. Pursuant to adoption of a resolution, a board may enter into an agreement and seek funding under s. 165.90 16.964 (7m).
SECTION 9. 165.90 (title) of the statutes is repealed.
SECTION 10. 165.90 (1) to (5) of the statutes are renumbered 16.964 (7m) (a) to (e), and 16.964 (7m) (a), (b) 2. and 9., (c), (cm) (intro.), (d) (intro.), 1. and 2. and (e) (intro.), as renumbered, are amended to read:
16.964 (7m) (a) Any county that has one or more a reservation of a federally recognized Indian reservations tribe within or partially within its boundaries or that borders a reservation of a federally recognized Indian tribe may enter into an agreement in accordance with s. 59.54 (12) with an Indian the tribe located in the county to establish a cooperative county-tribal law enforcement program. To be eligible to receive aid under this section subsection, a county and tribe shall develop and annually submit a joint program plan, by December 1 of the year prior to the year for which funding is sought, to the department of justice office for approval. If funding is sought for the 2nd or any subsequent year of the program, the county and tribe shall submit the report required under sub. (4) (b) par. (d) 2. together with the plan.
(b) 2. The program's need for funding under this section subsection and the amount of funding requested.
9. Any other information required by the department office or deemed relevant by the county and tribe submitting the plan.
(c) Upon request, the department office shall provide technical assistance to a county and tribe in formulating a joint program plan.
(cm) (intro.) In determining whether to approve a program plan and, if approved, how much aid the program shall receive, the department office shall consider the following factors:
(d) (intro.) If the department office approves a plan, the department office shall certify the program as eligible to receive aid under s. 20.455 (2) (kt) 20.505 (6) (kv). Prior to January 15, of the year for which funding is sought, the department office shall distribute from the appropriations under s. 20.455 (2) (kt) 20.505 (6) (kv) to each eligible program the amount necessary to implement the plan, subject to the following limitations:
1. A program may use funds received under s. 20.455 (2) (kt) 20.505 (6) (kv) only for law enforcement operations.
2. A program shall, prior to the receipt of funds under s. 20.455 (2) (kt) 20.505 (6) (kv) for the 2nd and any subsequent year, submit a report to the department office regarding the performance of law enforcement activities on the reservation in the previous fiscal year.
(e) (intro.) Annually, on or before January 15, the department office shall report on the performance of cooperative county-tribal law enforcement programs receiving aid under this section subsection to each of the following:
SECTION 11. 165.92 (3) (a) of the statutes is amended to read:
165.92 (3) (a) Unless otherwise provided in a joint program plan under s. 165.90 (2) 16.964 (7m) (b) or an agreement between a political subdivision of this state and a tribe, the tribe that employs a tribal law enforcement officer is liable for all acts of the officer while acting within the scope of his or her employment and neither the state nor any political subdivision of the state may be held liable for any action of the officer taken under the authority of sub. (2) (a).
SECTION 9129. Nonstatutory provisions; justice.
(1) TRANSFER OF COUNTY-TRIBAL LAW ENFORCEMENT GRANT PROGRAM.
(a) Positions and employees.
1. On the effective date of this subdivision, all full-time equivalent positions in the department of justice having duties primarily related to the department's county-tribal law enforcement grant program, as determined by the secretary of administration, are transferred to the office of justice assistance.
2. All incumbent employees holding positions specified in subdivision 1. are transferred on the effective date of this subdivision to the office of justice assistance.
3. Employees transferred under subdivision 2. have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the office of justice assistance that they enjoyed in the department of justice immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employee so transferred who has attained permanent status in class is required to serve a probationary period.
(b) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of justice primarily related to the department's county-tribal law enforcement grant program, as determined by the secretary of administration, shall become the assets and liabilities of the office of justice assistance.
(c) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of justice that is primarily related to the department's county-tribal law enforcement grant program, as determined by the secretary of administration, is transferred to the office of justice assistance.
(d) Contracts. All contracts entered into by the department of justice in effect on the effective date of this paragraph that are primarily related to the department's county-tribal law enforcement grant program, as determined by the secretary of administration, remain in effect and are transferred to the office of justice assistance. The office of justice assistance shall carry out any obligations under such a contract until the contract is modified or rescinded by the office of justice assistance to the extent allowed under the contract.
(e) Rules and orders. All rules promulgated by the department of justice primarily related to the department's county-tribal law enforcement grant program, as determined by the secretary of administration, that are in effect on the effective date of this paragraph shall become rules of the office of justice assistance and shall remain in effect until their specified expiration dates or until amended or repealed by the office of justice assistance. All orders issued by the department of justice primarily related to the department's county-tribal law enforcement grant program that are in effect on the effective date of this paragraph shall become orders of the office of justice assistance and shall remain in effect until their specified expiration dates or until modified or rescinded by the office of justice assistance.
(f) Pending matters. Any matter pending with the department of justice on the effective date of this paragraph that is primarily related to the department's county-tribal law enforcement grant program, as determined by the secretary of administration, is transferred to the office of justice assistance, and all materials submitted to or actions taken by the department of justice with respect to the pending matter are considered as having been submitted to or taken by the office of justice assistance.
(End)
LRB-1379LRB-1379/1
MGG:lmk:ch
2005 - 2006 LEGISLATURE
DOA:......Statz, BB0344 - Privileges under junior conservation patron license
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Natural resources
Fish, game, and wildlife
Under current law, DNR may issue, at a reduced fee, a conservation patron license to a resident or a nonresident who is under the age of 18. A conservation license gives the licensee the privileges of a combination of various fish and game licenses and free admission to state parks and other recreational areas for which DNR charges fees. A conservation patron licensee also receives a free annual subscription to the Wisconsin Natural Resources magazine.
Under this bill, any conservation patron licensee who is under the age of 18 will not receive the privilege of free admission to state parks and other recreational areas and will not receive the free magazine subscription.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 27.01 (7) (c) 7. of the statutes is amended to read:
27.01 (7) (c) 7. Any vehicle, except a motor bus, occupied by a person holding who is at least 18 years of age and who holds a conservation patron license issued under s. 29.235.
SECTION 2. 27.01 (8) (b) 3. of the statutes is amended to read:
27.01 (8) (b) 3. Any person holding who is at least 18 years of age and who holds a conservation patron license issued under s. 29.235.
SECTION 3. 29.235 (3) of the statutes is amended to read:
29.235 (3) AUTHORIZATION; ADMISSION TO STATE PARKS AND RELATED AREAS. A person may operate a motor vehicle, except a motor bus, as defined in s. 340.01 (31), subject to the admission requirements under s. 27.01 (7), in any vehicle admission area under s. 27.01 (7) without having an admission receipt affixed to the vehicle or otherwise displayed and without paying a fee if the vehicle has as an occupant a holder of a resident or nonresident conservation patron license who can present the license upon demand in the vehicle admission area. The conservation patron license permits the license holder to enter Heritage Hill state park or a state trail without paying an admission fee. This subsection does not apply to holders of conservation patron licenses who are under the age of 18 years.
SECTION 4. 29.235 (5) of the statutes is amended to read:
29.235 (5) SUBSCRIPTION. At the time the department issues a conservation patron license, it shall provide the each licensee who is at least 18 years of age with an annual subscription to the Wisconsin natural resources magazine without any additional fee or charge.
SECTION 5. 29.235 (6) of the statutes is amended to read:
29.235 (6) ADMISSION RECEIPT. At the same time the department issues a conservation patron license, it may issue an annual resident or nonresident vehicle admission receipt or a special receipt for admission to state parks and similar areas. The department may issue an annual resident or nonresident vehicle admission receipt or a special receipt for admission to state parks and similar areas to a person who has a conservation patron license on location at the state park or similar area. A person who is issued a receipt under this subsection shall affix the receipt by its own adhesive to the interior surface of the lower left-hand corner of the windshield of the vehicle or otherwise display it as authorized under a rule promulgated under s. 27.01 (7) (e) 2. A receipt issued under this section is not considered part of a conservation patron license for the purpose of issuing a duplicate. No duplicate receipt may be issued for a receipt that is affixed by its own adhesive to a windshield unless the license holder provides evidence that the vehicle upon which the sticker receipt is affixed is no longer usable or that the vehicle was transferred to another person and the license holder presents the original receipt or remnants of it to the department. Section 29.024 (7) applies to the issuance of a duplicate receipt that is displayed as authorized under the rule promulgated under s. 27.01 (7) (e) 2. This subsection does not apply to holders of conservation patron licenses who are under the age of 18 years.
SECTION 9335. Initial applicability; natural resources.
(1) CONSERVATION PATRON LICENSES. The treatment of sections 27.01 (7) (c) 7. and (8) (b) 3. and 29.235 (3), (5), and (6) of the statutes first applies to conservation patron licenses issued on the effective date of this subsection.
(End)
LRB-1380LRB-1380/2
MGG:lmk:ch
2005 - 2006 LEGISLATURE
DOA:......Statz, BB0342 - Duplicate fishing license fees
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Natural resources
Fish, game, and wildlife
Under current law, the cost of issuing a duplicate fishing license is $9, including the issuing fee. This bill raises the fee to $10, including the issuing fee, unless the total cost of the original fishing license was less than $10, including any issuing fee. Under the bill, if the total original cost of the fishing license was less than $10, the total cost of issuing the duplicate is the same amount as the total original cost.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 29.563 (12) (b) of the statutes is renumbered 29.563 (12) (b) 1. and amended to read:
29.563 (12) (b) 1. Fishing: $8.25 $9.25 except as provided in subd. 2.
SECTION 2. 29.563 (12) (b) 2. of the statutes is created to read:
29.563 (12) (b) 2. The total cost of issuing the original approval, including any supplemental fee under sub. (14), if the total cost is less than $10.
(End)
LRB-1393LRB-1393/4
RCT:lmk:jf
2005 - 2006 LEGISLATURE
DOA:......Walker, BB0341 - DATCP nonpoint debt service appropriation
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau