Amendment CSA1-SB40

SB40-CSA1, s. 646b Section 646b. 23.0917 (4) (d) 2n. of the statutes is created to read:

SB40-CSA1,440,19 23.0917 (4) (d) 2n. Beginning with fiscal year 2010-11 and ending with fiscal year 2019-20, the department may obligate not more than $11,500,000 in each fiscal year for local assistance.

SB40-CSA1, s. 646m Section 646m. 23.0917 (4j) of the statutes is created to read:

SB40-CSA1,440,25 23.0917 (4j) Recreational boating aids. (a) In this subsection "local governmental unit" means a city, village, town, or county, a lake sanitary district, as defined in s. 30.50 (4q), a public inland lake protection and rehabilitation district organized under ch. 33, or any other local governmental unit, as defined in s. 66.0131 (1) (a), that is established for the purpose of lake management.

SB40-CSA1,441,6 (b) For fiscal year 2007-08, the department may not obligate more than $1,500,000 for cost-sharing with local governmental units for recreational boating projects under s. 30.92. For each fiscal year beginning with fiscal year 2008-09 and ending with fiscal year 2019-20, the department may not obligate more than $2,500,000 for cost-sharing with local governmental units for recreational boating projects under s. 30.92.

SB40-CSA1, s. 646r Section 646r. 23.0917 (5m) (a) of the statutes is amended to read:

SB40-CSA1,441,11 23.0917 (5m) (a) Beginning in fiscal year 1999-2000, the department, subject to the approval of the governor and the joint committee on finance under sub. (6) (6m), may obligate under the subprogram for land acquisition any amount not in excess of the total bonding authority for that subprogram for the acquisition of land.

SB40-CSA1, s. 646t Section 646t. 23.0917 (6m) of the statutes is created to read:

SB40-CSA1,441,25 23.0917 (6m) Review by joint committee on finance. (a) The department may not obligate from the appropriation under s. 20.866 (2) (ta) for a given project or activity any moneys unless it first notifies the joint committee on finance in writing of the proposal. The committee may schedule a meeting to review the department's proposal only if at least 5 members of the committee, one of whom is a cochairperson, object to the proposal in writing. 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 proposal, the department may obligate the moneys. If, within 14 working days after the date of the notification by the department, the cochairpersons of the committee notify the department that the committee has scheduled a meeting to review the proposal, the department may obligate the moneys only upon approval of the committee unless par. (b) applies.

SB40-CSA1,442,3 (b) If the committee does not hold the meeting to review the department's proposal within the time specified in par. (bg), the department may obligate the moneys.

SB40-CSA1,442,6 (bg) 1. Except as provided in subd. 2., the committee shall hold a meeting to review the department's proposal within 16 working days after the cochairpersons notify the department that a meeting has been scheduled.

SB40-CSA1,442,11 2. The committee shall hold a meeting to review the department's proposal within 31 working days after the cochairpersons notify the department that a meeting has been scheduled if the notification is made after the last day of the legislature's final general-business floorperiod but before the convening of the next legislature on the day specified under s. 13.02 (1).

SB40-CSA1,442,13 (c) The procedures under pars. (a) and (b) apply only to an amount for a project or activity that exceeds $750,000, except as provided in pars. (d) and (dm).

SB40-CSA1,442,15 (d) The procedures under pars. (a) and (b) apply to any land acquisition under sub. (5m).

SB40-CSA1,442,17 (dm) The procedures under pars. (a) and (b) apply to an amount for a project or activity that is less than or equal to $750,000 if all of the following apply:

SB40-CSA1,442,21 1. The project or activity is so closely related to one or more other department projects or activities for which the department has proposed to obligate or has obligated moneys under s. 20.866 (2) (ta) that the projects or activities, if combined, would constitute a larger project or activity that exceeds $750,000.

SB40-CSA1,442,23 2. The project or activity was separated from a larger project or activity by the department primarily to avoid the procedures under pars. (a) and (b).

SB40-CSA1,443,3 (e) This subsection does not apply to moneys obligated for the purpose of property development as described under sub. (4) or to moneys obligated for land acquired by the department under s. 24.59 (1).

SB40-CSA1, s. 647 Section 647. 23.0917 (7) (a) of the statutes is amended to read:

SB40-CSA1,443,10 23.0917 (7) (a) Except as provided in pars. (b) and (c), for purposes of calculating the acquisition costs for acquisition of land under ss. 23.09 (19), (20) and (20m), 23.092 (4), 23.094 (3g), 23.0953, 23.096, 30.24 (4) and 30.277 from the appropriation under s. 20.866 (2) (ta), the acquisition costs shall equal the sum of the land's current fair market value and other acquisition costs, as determined by rule by the department.

SB40-CSA1, s. 647m Section 647m. 23.0917 (7) (e) of the statutes is renumbered 23.0917 (7) (e) 1. and amended to read:

SB40-CSA1,444,2 23.0917 (7) (e) 1. For any land for which moneys are proposed to be obligated from the appropriation under s. 20.866 (2) (ta) in order to provide a grant or state aid to a governmental unit under s. 23.09 (19), (20), or (20m) or 30.277 or to a nonprofit conservation organization under s. 23.096, the department shall use at least 2 appraisals to determine the fair market value of the land. The governmental unit or nonprofit conservation organization shall submit to the department one appraisal that is paid for by the governmental unit or nonprofit conservation organization. The department shall obtain its own independent appraisal. The department may also require that the governmental unit or nonprofit conservation organization submit a 3rd independent appraisal. The department shall reimburse the governmental unit or nonprofit conservation organization up to 50% of the costs of the 3rd appraisal as part of the acquisition costs of the land if the land is acquired by the governmental unit or nonprofit conservation organization with moneys obligated from the appropriation under s. 20.866 (2) (ta). This paragraph

SB40-CSA1,444,4 2. Subdivision 1. does not apply if the fair market value of the land is estimated by the department to be $200,000 $350,000 or less.

SB40-CSA1, s. 647r Section 647r. 23.0917 (8) (e) of the statutes is created to read:

SB40-CSA1,444,9 23.0917 (8) (e) Beginning with fiscal year 2007-08, the department may not obligate from the appropriation under s. 20.866 (2) (ta) more than 20 percent of the available bonding authority in a fiscal year for the acquisition of parcels of lands that are less than 10 acres in size.

SB40-CSA1, s. 648b Section 648b. 23.0917 (12) of the statutes is amended to read:

SB40-CSA1,444,14 23.0917 (12) Expenditures after June 30, 2010 2020. If the remaining bonding authority for a subprogram under sub. (3) or, (4) , or (4j) on June 30, 2010 2020, is an amount greater than zero, the department may expend any portion of this remaining bonding authority for that subprogram in one or more subsequent fiscal years.

SB40-CSA1, s. 649b Section 649b. 23.092 (1) of the statutes is renumbered 23.092 (1m).

SB40-CSA1, s. 650b Section 650b. 23.092 (1b) of the statutes is created to read:

SB40-CSA1,444,18 23.092 (1b) In this section, "nonprofit conservation organization" has the meaning given in s. 23.0955 (1).

SB40-CSA1, s. 651b Section 651b. 23.092 (2) of the statutes is amended to read:

SB40-CSA1,444,25 23.092 (2) For each area designated under sub. (1) (1m), the department shall prepare a plan, based upon the specific qualities of the area designated, that is designed to protect, enhance or restore the habitat in the designated area. After preparation of a plan for a designated area, the department shall encourage landowners to use specific management practices that are designed to implement the plan.

SB40-CSA1, s. 652b Section 652b. 23.092 (4) of the statutes is amended to read:

SB40-CSA1,445,11 23.092 (4) The department may share the costs of implementing land management practices with landowners, or with nonprofit conservation organizations that are qualified to enhance wildlife-based recreation if these organizations have the landowner's permission to implement the practices. The department may share the costs of acquiring easements for habitat areas with landowners or with these nonprofit conservation organizations. If the funding for cost-sharing under this subsection will be expended from the appropriation under s. 20.866 (2) (ta), the amount expended for the cost-sharing may not exceed 50% of the cost of the management practices or of the acquisition costs for the easement except as provided in s. 23.096 (2m).

SB40-CSA1, s. 653b Section 653b. 23.094 (3m) of the statutes is amended to read:

SB40-CSA1,445,14 23.094 (3m) Limits. A Except as provided in s. 23.096 (2m), a grant under sub. (3g) may not exceed 50% of the acquisition costs for the land or the easement.

SB40-CSA1, s. 654b Section 654b. 23.0953 of the statutes is created to read:

SB40-CSA1,445,18 23.0953 Grants to counties for land acquisition. (1) In this section, "nature-based outdoor recreation" has the meaning given by the department by rule under s. 23.0917 (4) (f).

SB40-CSA1,445,21 (2) (a) Beginning with fiscal year 2010-11 and ending with fiscal year 2019-20, the department shall establish a grant program under which the department may award a grant to a county for any of the following:

SB40-CSA1,445,22 1. Acquisition of land for a county forest under s. 28.11.

SB40-CSA1,445,25 2. Acquisition of land for a project that promotes nature-based outdoor recreation or conservation and for which the department is requesting the county's assistance.

SB40-CSA1,446,3 (b) Grants under this section shall be awarded from the appropriation under s. 20.866 (2) (ta), and, for purposes of s. 23.0917, shall be treated as moneys obligated from the subprogram under s. 23.0917 (3).

SB40-CSA1,446,5 (3) Each county receiving a grant under this section shall provide matching funds that equal at least 50 percent of the acquisition costs.

SB40-CSA1,446,9 (4) A county may not convert the land, or any rights in the land, acquired with grant moneys awarded under sub. (2) (a) 2. to a use that is inconsistent with the type of nature-based outdoor recreation or conservation activity for which the grant was awarded unless the natural resources board approves the conversion.

SB40-CSA1, s. 655b Section 655b. 23.096 (2) (b) of the statutes is amended to read:

SB40-CSA1,446,12 23.096 (2) (b) A Except as provided in sub. (2m), a grant awarded under this section may not exceed 50% of the acquisition costs of the property.

SB40-CSA1, s. 656b Section 656b. 23.096 (2m) of the statutes is created to read:

SB40-CSA1,446,17 23.096 (2m) Notwithstanding sub. (2) (b), in each fiscal year beginning with fiscal year 2010-11 and ending with fiscal year 2019-20, the department may award grants under this section that equal up to 75 percent of the acquisition costs of the property if the natural resources board determines that all of the following apply:

SB40-CSA1,446,19 (a) That the property is uniquely valuable in conserving the natural resources of the state.

SB40-CSA1,446,22 (b) That delaying or deferring the acquisition until 50 percent of the acquisition costs are procured by the nonprofit conservation organization is not reasonably possible.

SB40-CSA1,446,25 (c) That sufficient bonding authority remains in the amount set aside under s. 23.0917 (3) (br) for that fiscal year after awarding grants to nonprofit conservation organizations that meet the matching requirement under sub. (2) (b).

SB40-CSA1, s. 657 Section 657. 23.15 (1) of the statutes is amended to read:

SB40-CSA1,447,7 23.15 (1) The natural resources board may sell, at public or private sale, lands and structures owned by the state under the jurisdiction of the department of natural resources, except central or district office facilities, when the natural resources board determines that said lands are no longer necessary for the state's use for conservation purposes and, if real property, the real property is not the subject of a petition under s. 560.9810 (2).

SB40-CSA1, s. 658 Section 658. 23.197 (10) of the statutes is created to read:

SB40-CSA1,447,15 23.197 (10) Mirror Lake; boating access. From the appropriation under s. 20.866 (2) (ta), the department shall provide funding in an amount not to exceed $1,000,000 to improve navigability for recreational boating in Mirror Lake in Sauk County and in the streams flowing into the lake. For the purposes of s. 23.0917, moneys provided under this subsection from the appropriation under s. 20.866 (2) (ta) shall be treated as moneys obligated under either or both of the subprograms under s. 23.0917 (3) and (4).

SB40-CSA1, s. 658g Section 658g. 23.197 (11) of the statutes is created to read:

SB40-CSA1,447,23 23.197 (11) Jersey Valley Lake. From the appropriation under s. 20.866 (2) (ta), the department shall provide funding in an amount not to exceed $500,000 to Vernon County to restore Jersey Valley Lake. The funding authorized under this subsection shall be in a manner that, for every $1 expended by Vernon County for the repairs and installation, the department shall provide $3. For purposes of s. 23.0917, moneys provided from the appropriation under s. 20.866 (2) (ta) shall be treated as moneys obligated from either or both of the subprograms under s. 23.0917 (3) and (4).

SB40-CSA1, s. 658m Section 658m. 23.197 (12) of the statutes is created to read:

SB40-CSA1,448,11 23.197 (12) Milwaukee Metropolitan Sewerage District; flood management. From the appropriation under s. 20.866 (2) (ta), the department shall provide funding in an amount not to exceed $1,000,000 to a nationwide nonprofit conservation organization dedicated to land and water resource preservation to acquire land for a flood management program conducted by the Milwaukee Metropolitan Sewerage District and for habitat restoration on the acquired land. The funding authorized under this subsection shall be in a manner that, for every $1 expended by the nationwide nonprofit conservation organization for the land acquisition, the department shall provide $3. For purposes of s. 23.0917, moneys provided from the appropriation under s. 20.866 (2) (ta) shall be treated as moneys obligated from either or both of the subprograms under s. 23.0917 (3) and (4).

SB40-CSA1, s. 658r Section 658r. 23.197 (13) of the statutes is created to read:

SB40-CSA1,448,20 23.197 (13) Green Bay; recreational trail. From the appropriation under s. 20.866 (2) (ta), the department shall provide funding in an amount not to exceed $875,800 to the city of Green Bay to acquire land for a bicycle and pedestrian trail. The funding authorized under this subsection shall be in a manner that, for every $1 expended by the city of Green Bay for the land acquisition, the department shall provide $3. For purposes of s. 23.0917, moneys provided from the appropriation under s. 20.866 (2) (ta) shall be treated as moneys obligated from either or both of the subprograms under s. 23.0917 (3) and (4).

SB40-CSA1, s. 658t Section 658t. 23.197 (14) of the statutes is created to read:

SB40-CSA1,449,5 23.197 (14) Antigo; trail development. From the appropriation under s. 20.866 (2) (ta), the department shall provide funding in an amount not to exceed $600,000 to the city of Antigo for property development related to the ice age trail and the Springbrook trail located within the city. The funding authorized under this subsection shall be in a manner that, for every $1 expended by the city of Antigo for the property development, the department shall provide $1. For purposes of s. 23.0917, moneys provided from the appropriation under s. 20.866 (2) (ta) shall be treated as moneys obligated from either or both of the subprograms under s. 23.0917 (3) and (4).

SB40-CSA1, s. 659 Section 659. 23.1985 of the statutes is amended to read:

SB40-CSA1,449,16 23.1985 Acquisition of certain public lands. Beginning in fiscal year 2006-07 and ending in fiscal year 2009-10 2019-20, from the appropriation under s. 20.866 (2) (ta), the department shall set aside $2,000,000 in each fiscal year that may be obligated only to acquire land from the board of commissioners of public lands under s. 24.59 (1). If the department sets aside, but does not obligate moneys in a fiscal year under this section, the department may obligate those nonobligated moneys in a subsequent fiscal year under this section in addition to the amounts the department is required to set aside for that subsequent fiscal year. For purposes of s. 23.0917, moneys provided from the appropriation under s. 20.866 (2) (ta) shall be treated as moneys obligated under the subprogram under s. 23.0917 (3).

SB40-CSA1, s. 660 Section 660. 23.22 (2) (b) 6. of the statutes is amended to read:

SB40-CSA1,449,22 23.22 (2) (b) 6. Promulgate rules to identify, classify, and control invasive species for purposes of the program. In promulgating these rules, the department shall consider the recommendations of the council under sub. (3) (a). As part of these rules, the department may establish procedures and requirements for issuing permits to control invasive species.

SB40-CSA1, s. 661 Section 661. 23.22 (2) (c) of the statutes is amended to read:

SB40-CSA1,450,11 23.22 (2) (c) Under the program established under par. (a), the department shall promulgate rules to establish a procedure to award cost-sharing grants to public and private entities for up to 50% 75 percent of the costs of projects to control invasive species. The rules promulgated under this paragraph shall establish criteria for determining eligible projects and eligible grant recipients. Eligible projects shall include education and inspection activities at boat landings. The rules shall allow cost-share contributions to be in the form of money or in-kind goods or services or any combination thereof. In promulgating these rules, the department shall consider the recommendations of the council under sub. (3) (c). From the appropriation under s. 20.370 (6) (ar), the department shall make available for cost-sharing grants to be awarded to local governmental units for the control of invasive species that are aquatic species $1,000,000 in fiscal year 2005-06 and $1,500,000 in fiscal year 2006-07 and each fiscal year thereafter.

SB40-CSA1, s. 662 Section 662. 23.22 (8) of the statutes is created to read:

SB40-CSA1,450,15 23.22 (8) Penalties. (a) Except as provided in pars. (b) and (c), any person who violates a rule promulgated under sub. (2) (b) 6., or any permit issued under those rules, shall forfeit not more than $200.

SB40-CSA1,450,19 (b) Any person who intentionally violates any rule promulgated under sub. (2) (b) 6. or any permit issued under those rules shall be fined not less than $1,000 nor more than $5,000, or shall be imprisoned for not less than 6 months nor more than 9 months or both.

SB40-CSA1,450,25 (c) A person who violates a rule promulgated under sub. (2) (b) 6. or any permit issued under those rules and who, within 5 years before the arrest of the current conviction, was previously convicted of a violation of a rule promulgated under sub. (2) (b) 6. or any permit issued under those rules shall be fined not less than $700 nor more than $2,000 or shall be imprisoned for not less than 6 months nor more than 9 months or both.

SB40-CSA1,451,4 (d) The court may order a person who is convicted under par. (a), (b), or (c) to abate any nuisance caused by the violation, restore any natural resource damaged by the violation, or take other appropriate action to eliminate or minimize any environmental damage caused by the violation.

SB40-CSA1, s. 663 Section 663. 23.22 (9) of the statutes is created to read:

SB40-CSA1,451,9 23.22 (9) Enforcement. (a) If the department of natural resources finds that any person is violating a rule promulgated under sub. (2) (b) 6. or a permit issued under those rules for which the person is subject to a forfeiture under sub. (8) (a), the department of natural resources may do one or more of the following:

SB40-CSA1,451,10 1. Issue a citation pursuant to s. 23.50 to 23.99.

SB40-CSA1,451,11 2. Refer the matter to the department of justice for enforcement under par. (b).

SB40-CSA1,451,13 3. Revoke a permit issued under the rules promulgated under sub. (2) (b) 6., after notice and opportunity for hearing.

SB40-CSA1,451,21 (b) The department of justice shall initiate an enforcement action requested by the department under par. (a) 2. The enforcement action may include a request for injunctive relief. In any action initiated by it under this paragraph, the department of justice shall, prior to stipulation, consent order, judgment, or other final disposition of the case, consult with the department of natural resources for the purpose of determining the department's views on final disposition. The department of justice shall not enter into a final disposition different than that previously discussed without first informing the department of natural resources.

SB40-CSA1,452,5 (c) In an action initiated pursuant to a citation or initiated under par. (b), the court may award, as an additional penalty, an amount equal to all or a portion of the costs of investigation, including any monitoring, incurred by the department of natural resources or the department of justice, which led to the establishment of the violation. The court may also award the department of justice the reasonable and necessary expenses of the prosecution, including attorney fees. The department of justice shall deposit in the state treasury for deposit into the general fund all moneys that the court awards to the department of justice under this paragraph. These moneys shall be credited to the appropriation account under s. 20.455 (1) (gh).

SB40-CSA1, s. 664 Section 664. 23.24 (6) (b) of the statutes is amended to read:

SB40-CSA1,452,10 23.24 (6) (b) A person who violates sub. (3) and who, within 5 years before the arrest of the current conviction, was previously convicted of a violation of sub. (3) shall forfeit be fined not less than $700 nor more than $2,000 or shall be imprisoned for not less than 6 months nor more than 9 months or both.

SB40-CSA1, s. 664m Section 664m. 23.33 (2j) (c) of the statutes is amended to read:

SB40-CSA1,452,16 23.33 (2j) (c) The fee for a nonresident trail pass issued for an all-terrain vehicle that is exempt from registration under sub. (2) (b) 2. is $17.25 $34.25. A nonresident trail pass issued for such an all-terrain vehicle may be issued only by the department and persons appointed by the department and expires on June 30 of each year.

SB40-CSA1, s. 665 Section 665. 23.33 (5) (d) of the statutes is amended to read:

SB40-CSA1,453,5 23.33 (5) (d) Safety certification program established. The department shall establish or supervise the establishment of 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 shall establish by rule an instruction fee for this program. The department shall issue certificates to persons successfully completing the 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. The department shall issue a duplicate certificate of accomplishment to a person who is entitled to a duplicate certificate of accomplishment and who pays a fee of $2.75.

SB40-CSA1, s. 665g Section 665g. 23.33 (5m) (title) of the statutes is amended to read:

SB40-CSA1,453,7 23.33 (5m) (title) Grant Safety program.