SB1,415,2020
23.0917
(2) (a) 3m. A subprogram for recreational boating aids.
SB1, s. 639
21Section
639. 23.0917 (3) (a) of the statutes is amended to read:
SB1,416,222
23.0917
(3) (a) Beginning with fiscal year 2000-01 and ending with fiscal year
232009-10 2019-20, the department may obligate moneys under the subprogram for
24land acquisition to acquire land for the purposes specified in s. 23.09 (2) (d) and
1grants for these purposes under s. 23.096, except as provided under ss. 23.197 (2m),
2(3m) (b), (7m), and (8) and 23.198 (1) (a).
SB1, s. 640
3Section
640. 23.0917 (3) (bm) of the statutes is amended to read:
SB1,416,84
23.0917
(3) (bm) During the period beginning with fiscal year 2001-02 and
5ending with fiscal year
2009-10 2019-20, in obligating money under the subprogram
6for land acquisition, the department shall set aside not less than a total of $ 2,000,000
7that may be obligated only to provide matching funds for grants awarded to the
8department for the purchase of land or easements under
16 USC 2103c.
SB1, s. 641
9Section
641. 23.0917 (3) (br) of the statutes is created to read:
SB1,416,1410
23.0917
(3) (br) Beginning with fiscal year 2010-11 and ending with fiscal year
112019-20, in obligating moneys under the subprogram for land acquisition, the
12department shall set aside in each fiscal year not less than $14,500,000 that may be
13obligated only to provide for grants awarded to nonprofit conservation organizations
14under s. 23.096.
SB1, s. 642c
15Section 642c. 23.0917 (3) (dm) 2. of the statutes is amended to read:
SB1,416,1716
23.0917
(3) (dm) 2. For each fiscal year beginning with
fiscal year 2002-03 and
17ending with fiscal year
2009-10 2006-07, $45,000,000.
SB1, s. 642d
18Section 642d. 23.0917 (3) (dm) 3. and 3m. of the statutes are created to read:
SB1,416,1919
23.0917
(3) (dm) 3. For fiscal year 2007-08, $43,500,000.
SB1,416,2020
3m. For fiscal years 2008-09 and 2009-10, $42,500,000.
SB1, s. 642e
21Section 642e. 23.0917 (3) (dm) 4. of the statutes is created to read:
SB1,416,2322
23.0917
(3) (dm) 4. For each fiscal year beginning with fiscal year 2010-11 and
23ending with fiscal year 2019-20, $76,500,000.
SB1, s. 643
24Section
643. 23.0917 (4) (a) of the statutes is amended to read:
SB1,417,5
123.0917
(4) (a) Beginning with fiscal year 2000-01 and ending with fiscal year
22009-10 2019-20, the department may obligate moneys under the subprogram for
3property development and local assistance. Moneys obligated under this
4subprogram may be only used for nature-based outdoor recreation, except as
5provided under par. (cm).
SB1, s. 644d
6Section 644d. 23.0917 (4) (d) 1. of the statutes is amended to read:
SB1,417,147
23.0917
(4) (d) 1. The department may obligate not more than $11,500,000 in
8fiscal year 2000-01 and not more than $11,500,000 in fiscal year 2001-02 under the
9subprogram except as provided in sub. (5). For each fiscal year beginning with
102002-03 and ending with fiscal year
2009-10 2006-07, the department may obligate
11not more than $15,000,000 under the subprogram except as provided in sub. (5).
For
12each fiscal year beginning with fiscal year 2007-08 and ending with fiscal year
132019-20, the department may obligate not more than $26,000,000 under the
14subprogram except as provided in sub. (5).
SB1, s. 645b
15Section 645b. 23.0917 (4) (d) 2. of the statutes is amended to read:
SB1,417,1816
23.0917
(4) (d) 2.
The Beginning with fiscal year 2000-01 and ending with
17fiscal year 2009-10, the department may obligate not more than $8,000,000 in each
18fiscal year for local assistance.
SB1, s. 646b
19Section 646b. 23.0917 (4) (d) 2n. of the statutes is created to read:
SB1,417,2220
23.0917
(4) (d) 2n. Beginning with fiscal year 2010-11 and ending with fiscal
21year 2019-20, the department may obligate not more than $14,000,000 in each fiscal
22year for local assistance.
SB1, s. 646m
23Section 646m. 23.0917 (4j) of the statutes is created to read:
SB1,418,324
23.0917
(4j) Recreational boating aids. (a) In this subsection "local
25governmental unit" means a city, village, town, or county, a lake sanitary district, as
1defined in s. 30.50 (4q), a public inland lake protection and rehabilitation district
2organized under ch. 33, or any other local governmental unit, as defined in s. 66.0131
3(1) (a), that is established for the purpose of lake management.
SB1,418,94
(b) For fiscal year 2007-08, the department may not obligate more than
5$1,500,000 for cost-sharing with local governmental units for recreational boating
6projects under s. 30.92. For each fiscal year beginning with fiscal year 2008-09 and
7ending with fiscal year 2019-20, the department may not obligate more than
8$2,500,000 for cost-sharing with local governmental units for recreational boating
9projects under s. 30.92.
SB1, s. 647
10Section
647. 23.0917 (7) (a) of the statutes is amended to read:
SB1,418,1611
23.0917
(7) (a) Except as provided in pars. (b) and (c), for purposes of
12calculating the acquisition costs for acquisition of land under ss. 23.09 (19), (20) and
13(20m), 23.092 (4), 23.094 (3g),
23.0953, 23.096, 30.24 (4) and 30.277 from the
14appropriation under s. 20.866 (2) (ta), the acquisition costs shall equal the sum of the
15land's current fair market value and other acquisition costs, as determined by rule
16by the department.
SB1, s. 648b
17Section 648b. 23.0917 (12) of the statutes is amended to read:
SB1,418,2118
23.0917
(12) Expenditures after June 30,
2010 2020. If the remaining bonding
19authority for a subprogram under sub. (3)
or, (4)
, or (4j) on June 30,
2010 2020, is an
20amount greater than zero, the department may expend any portion of this remaining
21bonding authority for that subprogram in one or more subsequent fiscal years.
SB1, s. 649b
22Section 649b. 23.092 (1) of the statutes is renumbered 23.092 (1m).
SB1, s. 650b
23Section 650b. 23.092 (1b) of the statutes is created to read:
SB1,418,2524
23.092
(1b) In this section, "nonprofit conservation organization" has the
25meaning given in s. 23.0955 (1).
SB1, s. 651b
1Section 651b. 23.092 (2) of the statutes is amended to read:
SB1,419,72
23.092
(2) For each area designated under sub.
(1) (1m), the department shall
3prepare a plan, based upon the specific qualities of the area designated, that is
4designed to protect, enhance or restore the habitat in the designated area. After
5preparation of a plan for a designated area, the department shall encourage
6landowners to use specific management practices that are designed to implement the
7plan.
SB1, s. 652b
8Section 652b. 23.092 (4) of the statutes is amended to read:
SB1,419,189
23.092
(4) The department may share the costs of implementing land
10management practices with landowners, or with nonprofit
conservation 11organizations that are qualified to enhance wildlife-based recreation if these
12organizations have the landowner's permission to implement the practices. The
13department may share the costs of acquiring easements for habitat areas with
14landowners or with these nonprofit
conservation organizations. If the funding for
15cost-sharing under this subsection will be expended from the appropriation under
16s. 20.866 (2) (ta), the amount expended for the cost-sharing may not exceed 50% of
17the cost of the management practices or of the acquisition costs for the easement
18except as provided in s. 23.096 (2m).
SB1, s. 653b
19Section 653b. 23.094 (3m) of the statutes is amended to read:
SB1,419,2120
23.094
(3m) Limits. A Except as provided in s. 23.096 (2m), a grant under sub.
21(3g) may not exceed 50% of the acquisition costs for the land or the easement.
SB1, s. 654b
22Section 654b. 23.0953 of the statutes is created to read:
SB1,419,25
2323.0953 Grants to counties for land acquisition. (1) In this section,
24"nature-based outdoor recreation" has the meaning given by the department by rule
25under s. 23.0917 (4) (f).
SB1,420,6
1(2) Beginning with fiscal year 2010-11 and ending with fiscal year 2019-20,
2the department shall establish a program from the appropriation under s. 20.866 (2)
3(ta) to make grants to counties to acquire land for nature-based outdoor recreation.
4For purposes of s. 23.0917, moneys provided from the appropriation under s. 20.866
5(2) (ta) shall be treated as moneys obligated from the subprogram under s. 23.0917
6(3).
SB1,420,8
7(3) Each county receiving a grant under this section shall provide matching
8funds that equal at least 50 percent of the acquisition costs.
SB1,420,12
9(4) A county may not convert the land, or any rights in the land, acquired with
10grant moneys awarded under this section to a use that is inconsistent with the type
11of nature-based outdoor recreation or conservation activity for which the grant was
12awarded unless the natural resources board approves the conversion.
SB1, s. 655b
13Section 655b. 23.096 (2) (b) of the statutes is amended to read:
SB1,420,1514
23.096
(2) (b)
A Except as provided in sub. (2m), a grant awarded under this
15section may not exceed 50% of the acquisition costs of the property.
SB1, s. 656b
16Section 656b. 23.096 (2m) of the statutes is created to read:
SB1,420,2017
23.096
(2m) Notwithstanding sub. (2) (b), in each fiscal year beginning with
18fiscal year 2010-11 and ending with fiscal year 2019-20, the department may award
19grants under this section that equal up to 75 percent of the acquisition costs of the
20property if the natural resources board determines that all of the following apply:
SB1,420,2221
(a) That the property is uniquely valuable in conserving the natural resources
22of the state.
SB1,420,2523
(b) That delaying or deferring the acquisition until 50 percent of the acquisition
24costs are procured by the nonprofit conservation organization is not reasonably
25possible.
SB1,421,3
1(c) That sufficient bonding authority remains in the amount set aside under s.
223.0917 (3) (br) for that fiscal year after awarding grants to nonprofit conservation
3organizations that meet the matching requirement under sub. (2) (b).
SB1, s. 657
4Section
657. 23.15 (1) of the statutes is amended to read:
SB1,421,105
23.15
(1) The natural resources board may sell, at public or private sale, lands
6and structures owned by the state under the jurisdiction of the department of natural
7resources
, except central or district office facilities, when the natural resources board
8determines that said lands are no longer necessary for the state's use for
9conservation purposes and, if real property, the real property is not the subject of a
10petition under s. 560.9810 (2).
SB1, s. 658
11Section
658. 23.197 (10) of the statutes is created to read:
SB1,421,1812
23.197
(10) Mirror Lake; boating access. From the appropriation under s.
1320.866 (2) (ta), the department shall provide funding in an amount not to exceed
14$1,000,000 to improve navigability for recreational boating in Mirror Lake in Sauk
15County and in the streams flowing into the lake. For the purposes of s. 23.0917,
16moneys provided under this subsection from the appropriation under s. 20.866 (2)
17(ta) shall be treated as moneys obligated under either or both of the subprograms
18under s. 23.0917 (3) and (4).
SB1, s. 658g
19Section 658g. 23.197 (11) of the statutes is created to read:
SB1,422,220
23.197
(11) Jersey Valley Lake. From the appropriation under s. 20.866 (2)
21(ta), the department shall provide funding in an amount not to exceed $500,000 to
22Vernon County to restore Jersey Valley Lake. The funding authorized under this
23subsection shall be in a manner that, for every $1 expended by Vernon County for the
24repairs and installation, the department shall provide $3. For purposes of s. 23.0917,
1moneys provided from the appropriation under s. 20.866 (2) (ta) shall be treated as
2moneys obligated from either or both of the subprograms under s. 23.0917 (3) and (4).
SB1, s. 658m
3Section 658m. 23.197 (12) of the statutes is created to read:
SB1,422,144
23.197
(12) Milwaukee Metropolitan Sewerage District; flood management. 5From the appropriation under s. 20.866 (2) (ta), the department shall provide
6funding in an amount not to exceed $1,000,000 to a nationwide nonprofit
7conservation organization dedicated to land and water resource preservation to
8acquire land for a flood management program conducted by the Milwaukee
9Metropolitan Sewerage District and for habitat restoration on the acquired land.
10The funding authorized under this subsection shall be in a manner that, for every
11$1 expended by the nationwide nonprofit conservation organization for the land
12acquisition, the department shall provide $3. For purposes of s. 23.0917, moneys
13provided from the appropriation under s. 20.866 (2) (ta) shall be treated as moneys
14obligated from either or both of the subprograms under s. 23.0917 (3) and (4).
SB1, s. 658r
15Section 658r. 23.197 (13) of the statutes is created to read:
SB1,422,2316
23.197
(13) Green Bay; recreational trail. From the appropriation under s.
1720.866 (2) (ta), the department shall provide funding in an amount not to exceed
18$875,800 to the city of Green Bay to acquire land for a bicycle and pedestrian trail.
19The funding authorized under this subsection shall be in a manner that, for every
20$1 expended by the city of Green Bay for the land acquisition, the department shall
21provide $3. For purposes of s. 23.0917, moneys provided from the appropriation
22under s. 20.866 (2) (ta) shall be treated as moneys obligated from either or both of the
23subprograms under s. 23.0917 (3) and (4).
SB1, s. 658t
24Section 658t. 23.197 (14) of the statutes is created to read:
SB1,423,9
123.197
(14) Antigo; trail development. From the appropriation under s.
220.866 (2) (ta), the department shall provide funding in an amount not to exceed
3$600,000 to the city of Antigo for property development related to the ice age trail and
4the Springbrook trail located within the city. The funding authorized under this
5subsection shall be in a manner that, for every $1 expended by the city of Antigo for
6the property development, the department shall provide $1. For purposes of s.
723.0917, moneys provided from the appropriation under s. 20.866 (2) (ta) shall be
8treated as moneys obligated from either or both of the subprograms under s. 23.0917
9(3) and (4).
SB1, s. 659
10Section
659. 23.1985 of the statutes is amended to read:
SB1,423,20
1123.1985 Acquisition of certain public lands. Beginning in fiscal year
122006-07 and ending in fiscal year
2009-10 2019-20, from the appropriation under
13s. 20.866 (2) (ta), the department shall set aside $2,000,000 in each fiscal year that
14may be obligated only to acquire land from the board of commissioners of public lands
15under s. 24.59 (1). If the department sets aside, but does not obligate moneys in a
16fiscal year under this section, the department may obligate those nonobligated
17moneys in a subsequent fiscal year under this section in addition to the amounts the
18department is required to set aside for that subsequent fiscal year. For purposes of
19s. 23.0917, moneys provided from the appropriation under s. 20.866 (2) (ta) shall be
20treated as moneys obligated under the subprogram under s. 23.0917 (3).
SB1, s. 660
21Section
660. 23.22 (2) (b) 6. of the statutes is amended to read:
SB1,424,222
23.22
(2) (b) 6. Promulgate rules to
identify, classify
, and control invasive
23species for purposes of the program. In promulgating these rules, the department
24shall consider the recommendations of the council under sub. (3) (a).
As part of these
1rules, the department may establish procedures and requirements for issuing
2permits to control invasive species.
SB1, s. 661
3Section
661. 23.22 (2) (c) of the statutes is amended to read:
SB1,424,164
23.22
(2) (c) Under the program established under par. (a), the department
5shall promulgate rules to establish a procedure to award cost-sharing grants to
6public and private entities for up to
50% 75 percent of the costs of projects to control
7invasive species. The rules promulgated under this paragraph shall establish
8criteria for determining eligible projects and eligible grant recipients. Eligible
9projects shall include education and inspection activities at boat landings. The rules
10shall allow cost-share contributions to be in the form of money or in-kind goods or
11services or any combination thereof. In promulgating these rules, the department
12shall consider the recommendations of the council under sub. (3) (c).
From the
13appropriation under s. 20.370 (6) (ar), the department shall make available for
14cost-sharing grants to be awarded to local governmental units for the control of
15invasive species that are aquatic species $1,000,000 in fiscal year 2005-06 and
16$1,500,000 in fiscal year 2006-07 and each fiscal year thereafter.
SB1, s. 662
17Section
662. 23.22 (8) of the statutes is created to read:
SB1,424,2018
23.22
(8) Penalties. (a) Except as provided in pars. (b) and (c), any person who
19violates a rule promulgated under sub. (2) (b) 6., or any permit issued under those
20rules, shall forfeit not more than $200.
SB1,424,2421
(b) Any person who intentionally violates any rule promulgated under sub. (2)
22(b) 6. or any permit issued under those rules shall be fined not less than $1,000 nor
23more than $5,000, or shall be imprisoned for not less than 6 months nor more than
249 months or both.
SB1,425,6
1(c) A person who violates a rule promulgated under sub. (2) (b) 6. or any permit
2issued under those rules and who, within 5 years before the arrest of the current
3conviction, was previously convicted of a violation of a rule promulgated under sub.
4(2) (b) 6. or any permit issued under those rules shall be fined not less than $700 nor
5more than $2,000 or shall be imprisoned for not less than 6 months nor more than
69 months or both.
SB1,425,107
(d) The court may order a person who is convicted under par. (a), (b), or (c) to
8abate any nuisance caused by the violation, restore any natural resource damaged
9by the violation, or take other appropriate action to eliminate or minimize any
10environmental damage caused by the violation.
SB1, s. 663
11Section
663. 23.22 (9) of the statutes is created to read:
SB1,425,1512
23.22
(9) Enforcement. (a) If the department of natural resources finds that
13any person is violating a rule promulgated under sub. (2) (b) 6. or a permit issued
14under those rules for which the person is subject to a forfeiture under sub. (8) (a), the
15department of natural resources may do one or more of the following:
SB1,425,1616
1. Issue a citation pursuant to s. 23.50 to 23.99.
SB1,425,1717
2. Refer the matter to the department of justice for enforcement under par. (b).
SB1,425,1918
3. Revoke a permit issued under the rules promulgated under sub. (2) (b) 6.,
19after notice and opportunity for hearing.
SB1,426,220
(b) The department of justice shall initiate an enforcement action requested by
21the department under par. (a) 2. The enforcement action may include a request for
22injunctive relief. In any action initiated by it under this paragraph, the department
23of justice shall, prior to stipulation, consent order, judgment, or other final
24disposition of the case, consult with the department of natural resources for the
25purpose of determining the department's views on final disposition. The department
1of justice shall not enter into a final disposition different than that previously
2discussed without first informing the department of natural resources.
SB1,426,113
(c) In an action initiated pursuant to a citation or initiated under par. (b), the
4court may award, as an additional penalty, an amount equal to all or a portion of the
5costs of investigation, including any monitoring, incurred by the department of
6natural resources or the department of justice, which led to the establishment of the
7violation. The court may also award the department of justice the reasonable and
8necessary expenses of the prosecution, including attorney fees. The department of
9justice shall deposit in the state treasury for deposit into the general fund all moneys
10that the court awards to the department of justice under this paragraph. These
11moneys shall be credited to the appropriation account under s. 20.455 (1) (gh).
SB1, s. 664
12Section
664. 23.24 (6) (b) of the statutes is amended to read:
SB1,426,1613
23.24
(6) (b) A person who violates sub. (3) and who, within 5 years before the
14arrest of the current conviction, was previously convicted of a violation of sub. (3)
15shall
forfeit be fined not less than $700 nor more than $2,000 or shall be imprisoned
16for not less than 6 months nor more than 9 months or both.
SB1, s. 664m
17Section 664m. 23.33 (2j) (c) of the statutes is amended to read:
SB1,426,2218
23.33
(2j) (c) The fee for a nonresident trail pass issued for an all-terrain
19vehicle that is exempt from registration under sub. (2) (b) 2. is
$17.25 $34.25. A
20nonresident trail pass issued for such an all-terrain vehicle may be issued only by
21the department and persons appointed by the department and expires on June 30
22of each year.
SB1, s. 665
23Section
665. 23.33 (5) (d) of the statutes is amended to read:
SB1,427,1124
23.33
(5) (d)
Safety certification program established. The department shall
25establish or supervise the establishment of a program of instruction on all-terrain
1vehicle laws, including the intoxicated operation of an all-terrain vehicle law,
2regulations, safety and related subjects. The department shall establish by rule an
3instruction fee for this program.
The department shall issue certificates to persons
4successfully completing the program. An instructor conducting the program of
5instruction under this paragraph shall collect the fee from each person who receives
6instruction. The department may determine the portion of this fee, which may not
7exceed 50%, that the instructor may retain to defray expenses incurred by the
8instructor in conducting the program. The instructor shall remit the remainder of
9the fee or, if nothing is retained, the entire fee to the department.
The department
10shall issue a duplicate certificate of accomplishment to a person who is entitled to a
11duplicate certificate of accomplishment and who pays a fee of $2.75.
SB1, s. 665g
12Section 665g. 23.33 (5m) (title) of the statutes is amended to read:
SB1,427,1313
23.33
(5m) (title)
Grant
Safety program.
SB1, s. 665r
14Section 665r. 23.33 (5r) of the statutes is created to read: