SB352,16,159 19.42 (5) "Department" means the legislature, the University of Wisconsin
10System, any authority or public corporation created and regulated by an act of the
11legislature except the Wisconsin Aerospace Authority, and any office, department,
12independent agency or legislative service agency created under ch. 13, 14 or 15, any
13technical college district or any constitutional office other than a judicial office. In
14the case of a district attorney, "department" means the department of administration
15unless the context otherwise requires.
SB352, s. 27 16Section 27. 20.395 (2) (dq) of the statutes is amended to read:
SB352,16,2517 20.395 (2) (dq) Aeronautics and astronautics assistance, state funds. As a
18continuing appropriation, the amounts in the schedule for the state's share of airport
19projects under ss. 114.34 and 114.35 and spaceport projects; for developing air
20marking and other air navigational facilities; for administration of the powers and
21duties of the secretary of transportation under s. 114.31; for costs associated with
22aeronautical activities under s. 114.31, except for the program under s. 114.31 (3) (b);
23for the Wisconsin Aerospace Authority under subch. II of ch. 114; and for the
24administration of other aeronautical and astronautical activities, except aircraft
25registration under s. 114.20, authorized by law.
SB352, s. 28
1Section 28. 20.395 (2) (dv) of the statutes is amended to read:
SB352,17,92 20.395 (2) (dv) Aeronautics and astronautics assistance, local funds. All
3moneys received by the state from any local unit of government or other source for
4airports or other aeronautical activities under s. 114.33 or 114.37 and for spaceports,
5for administration of the powers and duties of the secretary of the department of
6transportation under s. 114.31, for costs associated with aeronautical activities
7under s. 114.31, for the Wisconsin Aerospace Authority under subch. II of ch. 114 and
8the loan program under s. 114.375,
and for the administration of other aeronautical
9and astronautical activities authorized by law, for such purposes.
SB352, s. 29 10Section 29. 20.395 (2) (dx) of the statutes is amended to read:
SB352,17,1711 20.395 (2) (dx) Aeronautics and astronautics assistance, federal funds. All
12moneys received from the federal government for airports or other aeronautical
13activities under s. 114.32 or 114.33 and for spaceports, for administration of the
14powers and duties of the secretary of transportation under s. 114.31, for costs
15associated with aeronautical activities under s. 114.31, for the Wisconsin Aerospace
16Authority under subch. II of ch. 114,
and for the administration of other aeronautical
17and astronautical activities authorized by law, for such purposes.
SB352, s. 30 18Section 30. 23.175 (1) (b) of the statutes is amended to read:
SB352,17,2319 23.175 (1) (b) "State agency" means any office, department, agency, institution
20of higher education, association, society or other body in state government created
21or authorized to be created by the constitution or any law which is entitled to expend
22moneys appropriated by law, including any authority created under subch. II of ch.
23114 or
ch. 231, 233, 234, or 237 but not including the legislature or the courts.
SB352, s. 31 24Section 31. 24.61 (2) (a) 10. of the statutes is created to read:
SB352,17,2525 24.61 (2) (a) 10. Bonds of the Wisconsin Aerospace Authority.
SB352, s. 32
1Section 32. 25.17 (3) (b) 13. of the statutes is created to read:
SB352,18,22 25.17 (3) (b) 13. Bonds issued by the Wisconsin Aerospace Authority.
SB352, s. 33 3Section 33. 25.50 (1) (d) of the statutes is amended to read:
SB352,18,134 25.50 (1) (d) "Local government" means any county, town, village, city, power
5district, sewerage district, drainage district, town sanitary district, public inland
6lake protection and rehabilitation district, local professional baseball park district
7created under subch. III of ch. 229, family care district under s. 46.2895, local
8professional football stadium district created under subch. IV of ch. 229, local
9cultural arts district created under subch. V of ch. 229, public library system, school
10district or technical college district in this state, any commission, committee, board
11or officer of any governmental subdivision of this state, any court of this state, other
12than the court of appeals or the supreme court, or any authority created under s.
13114.61, 231.02, 233.02 or 234.02.
SB352, s. 34 14Section 34. 32.01 (1) of the statutes is amended to read:
SB352,18,1915 32.01 (1) "Person" includes the state, a county, town, village, city, school district
16or other municipal corporation, a board, commission, including a commission created
17by contract under s. 66.0301, corporation, or housing authority created under ss.
1866.1201 to 66.1211 or redevelopment authority created under s. 66.1333 or the
19Wisconsin Aerospace Authority created under s. 114.61
.
SB352, s. 35 20Section 35. 32.02 (11m) of the statutes is created to read:
SB352,18,2221 32.02 (11m) The Wisconsin Aerospace Authority created under subch. II of ch.
22114.
SB352, s. 36 23Section 36. 32.05 (intro.) of the statutes is amended to read:
SB352,19,19 2432.05 Condemnation for sewers and transportation facilities. (intro.)
25In this section, "mass transit facility" includes, without limitation because of

1enumeration, exclusive or preferential bus lanes if those lanes are limited to
2abandoned railroad rights-of-way or existing expressways constructed before
3May 17, 1978, highway control devices, bus passenger loading areas and terminal
4facilities, including shelters, and fringe and corridor parking facilities to serve bus
5and other public mass transportation passengers, together with the acquisition,
6construction, reconstruction and maintenance of lands and facilities for the
7development, improvement and use of public mass transportation systems for the
8transportation of passengers. This section does not apply to proceedings in 1st class
9cities under subch. II. In any city, condemnation for housing under ss. 66.1201 to
1066.1211, for urban renewal under s. 66.1333, or for cultural arts facilities under
11subch. V of ch. 229, may proceed under this section or under s. 32.06 at the option
12of the condemning authority. Condemnation by a local exposition district under
13subch. II of ch. 229 for any exposition center or exposition center facility may proceed
14under this section or under s. 32.06 at the option of the local exposition district. All
15other condemnation of property for public alleys, streets, highways, airports,
16spaceports, mass transit facilities, or other transportation facilities, gas or leachate
17extraction systems to remedy environmental pollution from a solid waste disposal
18facility, storm sewers and sanitary sewers, watercourses or water transmission and
19distribution facilities shall proceed as follows:
SB352, s. 37 20Section 37. 40.02 (54) (j) of the statutes is created to read:
SB352,19,2121 40.02 (54) (j) The Wisconsin Aerospace Authority.
SB352, s. 38 22Section 38. 66.0603 (1m) (a) 3u. of the statutes is created to read:
SB352,19,2323 66.0603 (1m) (a) 3u. Bonds issued by the Wisconsin Aerospace Authority.
SB352, s. 39 24Section 39. 70.11 (38m) of the statutes is created to read:
SB352,20,4
170.11 (38m) Wisconsin Aerospace Authority. Notwithstanding the provisions
2of s. 70.11 (intro.) that relate to leased property or that impose other limitations, all
3property owned or leased by the Wisconsin Aerospace Authority, provided that use
4of the property is primarily related to the purposes of the authority.
SB352, s. 40 5Section 40. 71.05 (1) (c) 7. of the statutes is created to read:
SB352,20,66 71.05 (1) (c) 7. The Wisconsin Aerospace Authority.
SB352, s. 41 7Section 41. 71.26 (1) (be) of the statutes is amended to read:
SB352,20,108 71.26 (1) (be) Certain authorities. Income of the University of Wisconsin
9Hospitals and Clinics Authority and, of the Fox River Navigational System
10Authority, and of the Wisconsin Aerospace Authority.
SB352, s. 42 11Section 42. 71.26 (1m) (h) of the statutes is created to read:
SB352,20,1212 71.26 (1m) (h) Those issued under s. 114.70.
SB352, s. 43 13Section 43. 71.45 (1t) (h) of the statutes is created to read:
SB352,20,1414 71.45 (1t) (h) Those issued under s. 114.70.
SB352, s. 44 15Section 44. 77.54 (9a) (a) of the statutes is amended to read:
SB352,20,1816 77.54 (9a) (a) This state or any agency thereof, the University of Wisconsin
17Hospitals and Clinics Authority, the Wisconsin Aerospace Authority, and the Fox
18River Navigational System Authority.
SB352, s. 45 19Section 45. 84.072 (3) of the statutes is amended to read:
SB352,21,220 84.072 (3) Implied consent. Any municipality, county, or other person,
21including the Wisconsin Aerospace Authority created under subch. II of ch. 114,
that
22accepts federal moneys from the appropriations under s. 20.395 (1) (bx), (2) (ax), (dx),
23or (fx), or (3) (bx), (cx), or (ex), or accepts other federal moneys for highway, transit,
24or, airport, or spaceport purposes, after September 1, 2001, is considered to have

1given consent to the unified certification disadvantage business program
2administered under this section.
SB352, s. 46 3Section 46. 85.02 (1) of the statutes is amended to read:
SB352,21,104 85.02 (1) The department may direct, undertake and expend state and federal
5aid for planning, promotion and protection activities in the areas of highways, motor
6vehicles, traffic law enforcement, aeronautics and astronautics, railroads,
7waterways, specialized transportation services, mass transit systems and for any
8other transportation mode. All state, regional and municipal agencies and
9commissions created under authority of law shall to the extent practicable, when
10dealing with transportation, follow the recommendations made by the secretary.
SB352, s. 47 11Section 47. 100.45 (1) (dm) of the statutes is amended to read:
SB352,21,2012 100.45 (1) (dm) "State agency" means any office, department, agency,
13institution of higher education, association, society or other body in state
14government created or authorized to be created by the constitution or any law which
15is entitled to expend moneys appropriated by law, including the legislature and the
16courts, the Wisconsin Housing and Economic Development Authority, the Bradley
17Center Sports and Entertainment Corporation, the University of Wisconsin
18Hospitals and Clinics Authority, the Wisconsin Health and Educational Facilities
19Authority, the Wisconsin Aerospace Authority, and the Fox River Navigational
20System Authority.
SB352, s. 48 21Section 48. 101.177 (1) (d) of the statutes is amended to read:
SB352,22,422 101.177 (1) (d) "State agency" means any office, department, agency,
23institution of higher education, association, society or other body in state
24government created or authorized to be created by the constitution or any law which
25is entitled to expend moneys appropriated by law, including the legislature and the

1courts, the Wisconsin Housing and Economic Development Authority, the Bradley
2Center Sports and Entertainment Corporation, the University of Wisconsin
3Hospitals and Clinics Authority, the Wisconsin Aerospace Authority, and the
4Wisconsin Health and Educational Facilities Authority.
SB352, s. 49 5Section 49. Chapter 114 (title) of the statutes is amended to read:
SB352,22,66 CHAPTER 114
SB352,22,77 AERONAUTICS and astronautics
SB352, s. 50 8Section 50. Subchapter I (title) of chapter 114 [precedes 114.001] of the
9statutes is created to read:
SB352,22,1010 Chapter 114
SB352,22,1211 Subchapter I
12 air TransportatioN
SB352, s. 51 13Section 51. 114.002 (1) of the statutes is amended to read:
SB352,22,2014 114.002 (1) "Aeronautics" means the science and art of aircraft flight and
15including but not limited to transportation by aircraft; the operation, construction,
16repair or maintenance of aircraft, aircraft power plants and accessories, including
17the repair, packing and maintenance of parachutes; the design, establishment,
18construction, extension, operation, improvement, repair or maintenance of airports
19or other air navigation facilities; and instruction in flying or ground subjects
20pertaining thereto.
SB352, s. 52 21Section 52. 114.002 (3) of the statutes is amended to read:
SB352,22,2322 114.002 (3) "Aircraft" means any contrivance invented, used, or designed for
23navigation of or flight in the air, but does not include spacecraft.
SB352, s. 53 24Section 53. 114.002 (11m) of the statutes is created to read:
SB352,23,2
1114.002 (11m) "Astronautics" means the science and art of spacecraft flight
2and all activities related thereto.
SB352, s. 54 3Section 54. 114.002 (18r), (18s) and (18t) of the statutes are created to read:
SB352,23,64 114.002 (18r) "Spacecraft" means any contrivance invented, used, or designed
5for navigation or flight beyond the earth's atmosphere, including rockets, missiles,
6capsules, modules, and other vehicles, whether with or without passengers.
SB352,23,10 7(18s) "Spacecraft launch or landing area" means any area used, or intended for
8use, for launching or landing spacecraft or for surface maneuvering, positioning, or
9preparation of spacecraft for imminent launching or immediately after landing,
10including any launch pad, landing area, or launch or landing control center.
SB352,23,14 11(18t) "Spaceport" means any area of land or water that is used, or intended for
12use, as a spacecraft launch or landing area and any appurtenant areas that are used,
13or intended for use, for spaceport buildings or other spaceport facilities or
14rights-of-way, together with all spaceport buildings and facilities located thereon.
SB352, s. 55 15Section 55. 114.04 of the statutes is amended to read:
SB352,23,24 16114.04 Flying and landing, limitations. Flight in aircraft or spacecraft over
17the lands and waters of this state is lawful, unless at such a low altitude as to
18interfere with the then existing use to which the land or water, or the space over the
19land or water, is put by the owner, or unless so conducted as to be imminently
20dangerous or damaging to persons or property lawfully on the land or water beneath.
21The landing of an aircraft or spacecraft on the lands or waters of another, without
22the person's consent, is unlawful, except in the case of a forced landing. For damages
23caused by a forced landing, however, the owner or lessee of the aircraft or spacecraft
24or the aeronaut or astronaut shall be liable, as provided in s. 114.05.
SB352, s. 56 25Section 56. 114.05 of the statutes is amended to read:
SB352,24,12
1114.05 Damages by aircraft or spacecraft. The liability of the owner, lessee
2and pilot of every aircraft or spacecraft operating over the lands or waters of this
3state for injuries or damage to persons or property on the land or water beneath,
4caused by the ascent, descent or flight of such aircraft or spacecraft, or the dropping
5or falling of the aircraft or spacecraft or of any object or material therefrom, shall be
6determined by the law applicable to torts on land, except that there shall be a
7presumption of liability on the part of the owner, lessee or pilot, as the case may be,
8where injury or damage is caused by the dropping or falling of the aircraft or
9spacecraft
or of any object or material therefrom, which presumption may be
10rebutted by proof that the injury or damage was not caused by negligence on the part
11of the owner, lessee or pilot and the burden of proof in such case shall be upon such
12owner, lessee or pilot to show absence of negligence on his or her part.
SB352, s. 57 13Section 57. 114.07 of the statutes is amended to read:
SB352,24,19 14114.07 Criminal jurisdiction. All crimes, torts and other wrongs committed
15by or against an aeronaut, astronaut, or passenger while in flight over this state shall
16be governed by the laws of this state; and the question whether damage occasioned
17by or to an aircraft or spacecraft while in flight over this state constitutes a tort, crime
18or other wrong by or against the owner of such aircraft or spacecraft, shall be
19determined by the laws of this state.
SB352, s. 58 20Section 58. 114.105 of the statutes is amended to read:
SB352,25,5 21114.105 Local regulation. Any county, town, city or village may adopt any
22ordinance in strict conformity with the provisions of this chapter and impose the
23same penalty for violation of any of its provisions except that such ordinance shall
24not provide for the suspension or revocation of pilot or aircraft licenses or certificates
25and shall not provide for imprisonment except for failure to pay any fine which may

1be imposed. No local authority shall enact any ordinance governing aircraft or
2aeronautics or spacecraft or astronautics contrary to or inconsistent with the
3provisions of this chapter or federal law. Every court in which a violation of such
4ordinance is prosecuted shall make a written report of any conviction (including bail
5or appearance money forfeiture) to the federal aviation administration.
SB352, s. 59 6Section 59. 114.11 (title) of the statutes is amended to read:
SB352,25,7 7114.11 (title) Local airports and spaceports; interstate reciprocity.
SB352, s. 60 8Section 60. 114.11 (1), (2), (3), (4) and (5) (intro.) of the statutes are amended
9to read:
SB352,26,210 114.11 (1) The governing body of any county, city, village or town in this state
11is hereby authorized to acquire, establish, construct, own, control, lease, equip,
12improve, maintain and operate airports or landing fields or landing and take-off
13strips for the use of airplanes and other aircraft, or spaceports or spacecraft launch
14or landing areas,
either within or without the limits of such counties, cities, villages
15and towns, and may use for such purpose or purposes any property suitable therefor
16that is now or may at any time hereafter be owned or controlled by such county, city,
17village or town, and may regulate the same, provided, such regulation shall not be
18in conflict with such rules and regulations as may be made by the federal
19government. The governing body of each and every county and municipality owning
20an airport or landing field or landing and take-off strip, or spaceport or spacecraft
21launch or landing area,
in the state of Wisconsin shall cause the surroundings of such
22airport, landing field or landing and take-off strip, or spaceport or spacecraft launch
23or landing area,
to be marked for aeronautical or astronautical purposes, and
24maintain such marking, subject to and in accordance with law and such rules and
25regulations as may from time to time be made by the federal government and in so

1doing may cooperate with other states and subdivisions thereof and acquire rights
2and easements in property outside of the state.
SB352,26,9 3(2) The governing body of any county, city, village or town of this state is
4authorized to acquire, establish, construct, own, control, lease, equip, improve,
5maintain and operate airports or landing fields or landing and take-off strips or
6other aeronautical facilities, or spaceports or spacecraft launch or landing areas or
7other astronautical facilities,
in an adjoining state whose laws permit, subject to the
8laws of such state, but subject to the laws of this state in all matters relating to
9financing such aeronautical or astronautical project.
SB352,27,3 10(3) The governing body of any municipality or other political subdivision of an
11adjoining state whose laws permit, is hereby authorized to acquire, establish,
12construct, own, control, lease, equip, improve, maintain and operate airports, or
13landing fields, or landing and take-off strips or other aeronautical facilities, or
14spaceports or spacecraft launch or landing areas or other astronautical facilities,
in
15this state, subject to all laws, rules and regulations of this state applicable to its
16municipalities or other political subdivisions in such aeronautical or astronautical
17project, but subject to the laws of its own state in all matters relating to financing
18such project. Such municipality or other political subdivision of an adjoining state
19shall have all privileges, rights and duties of like municipalities or other political
20subdivisions of this state, including the right to exercise the right of eminent domain.
21This subsection shall not apply unless the laws of such adjoining state shall permit
22municipalities or other political subdivisions of this state to acquire, establish,
23construct, own, control, lease, equip, improve, maintain, operate and otherwise
24control such airport, landing field or landing and take-off strips or other
25aeronautical facilities, or spaceports or spacecraft launch or landing areas or other

1astronautical facilities,
therein with all privileges, rights and duties applicable to the
2municipalities or other political subdivisions of such adjoining state in such
3aeronautical or astronautical projects.
SB352,27,7 4(4) The governing body of any county, city, village or town is authorized to
5appropriate money to any town, city, village or other county, for the operation,
6improvement or acquisition of an airport or spaceport by such town, city, village or
7other county or any combination of such municipalities.
SB352,27,12 8(5) (intro.) The governing body of any county, city, village or town in this state
9may, together with any municipality or other political subdivision of an adjoining
10state if, under the laws of that state, such municipality or other political subdivision
11is similarly authorized, jointly sponsor an airport or spaceport project located in this
12state or in the adjoining state.
SB352, s. 61 13Section 61. 114.12 of the statutes is amended to read:
SB352,28,9 14114.12 Condemnation of lands for airports and spaceports. Any lands
15acquired, owned, controlled or occupied by such counties, cities, villages and towns
16for the purposes enumerated in s. 114.11 shall and are hereby declared to be
17acquired, owned, controlled and occupied for a public purpose, and as a matter of
18public necessity, and such cities, villages, towns or counties shall have the right to
19acquire property for such purpose or purposes under the power of eminent domain
20as and for a public necessity including property owned by other municipal
21corporations and political subdivisions and including any street, highway, park,
22parkway or alley, provided that no state trunk highway shall be so acquired without
23the prior consent of the department. Whenever the county, city, village or town as
24the case may be shall own all land or access rights on both sides of such street,
25highway, park, parkway or alley, it may, within the limits where it has ownership or

1access rights on both sides, notwithstanding any other provisions of law, vacate and
2close such public way by resolution of the governing body of the county, city, village
3or town acquiring it and no damages shall be assessed against such county, city,
4village or town by reason of such closing, except as may be allowed in a particular
5condemnation action where the lands or rights in lands necessary for such airport
6or spaceport are so acquired. If such closing shall leave any part of such street,
7highway, parkway or alley without access to another public street or highway, the
8county, town, city or village effecting such closing shall immediately provide such
9access at its expense.
SB352, s. 62 10Section 62. 114.13 of the statutes is amended to read:
SB352,28,23 11114.13 Purchase of land for airports and spaceports. Private property
12needed by a county, city, village or town for an airport or landing field or landing and
13take-off strip, or for a spaceport or spacecraft launch or landing area, or property or
14rights for the protection of the aerial approaches thereof, shall be acquired by
15purchase if the city, village, town or county is able to agree with the owners on the
16terms thereof, and otherwise by condemnation, as provided in s. 32.05. The purchase
17price or award for real property acquired for an airport or landing field or landing and
18take-off strip, or for a spaceport or spacecraft launch or landing area, or property or
19rights for the protection of the aerial approaches thereof, may be paid for the
20appropriation of moneys available therefor, or wholly or partly from the proceeds of
21the sale of bonds of the city, village, town or county, as the governing body of such city,
22village, town or county determines, subject to ch. 67. Such property or rights may
23be acquired by gift, which the respective governing bodies are authorized to accept.
SB352, s. 63 24Section 63. 114.134 (title) of the statutes is amended to read:
SB352,28,25 25114.134 (title) Airport and spaceport standards and approval.
SB352, s. 64
1Section 64. 114.134 (1), (2), (3) and (4) (c) of the statutes are amended to read:
SB352,29,62 114.134 (1) Public airport and spaceport information. No person shall
3operate an airport or spaceport within this state that is open to the general public
4unless effective runway and landing strip lengths are properly reported, published
5and marked in accordance with applicable federal aviation regulations and federal
6obstruction standards.
SB352,29,11 7(2) Traverse way clearance. No person shall operate an airport or spaceport
8within this state unless all runways and landing strips are so located that
9approaching and departing aircraft or spacecraft clear all public roads, highways,
10railroads, waterways or other traverse ways by a height which complies with
11applicable federal standards.
SB352,29,18 12(3) Airport and spaceport site approval. No person shall construct or
13otherwise establish a new airport or spaceport or activate an airport or spaceport
14within this state unless the secretary of transportation issues a certificate of
15approval for the location of the proposed airport or spaceport. No charge shall be
16made for application or approval. The secretary may issue a certificate of approval
17if the secretary determines that the location of the proposed airport or spaceport is
18compatible with existing and planned transportation facilities in the area.
SB352,29,22 19(4) (c) At least 15 days before the date of the hearing a class 1 notice of any
20public hearing shall be published, under ch. 985, in the official state newspaper and
21in a paper of general circulation printed and published near the location of the
22proposed airport or spaceport.
SB352, s. 65 23Section 65. 114.135 (intro.), (1), (2), (3), (4), (6), (7) and (8) of the statutes are
24amended to read:
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