OC7 SB1: Bill Text

SB1, s. 697p Section 697p. 25.77 (10) of the statutes is created to read:

SB1,437,5 25.77 (10) All moneys transferred under 2007 Wisconsin Act .... (this act), section 9225 (2).

SB1, s. 698d Section 698d. 25.772 of the statutes is created to read:

SB1,437,9 25.772 Hospital assessment fund. There is established a separate nonlapsible trust fund designated as the hospital assessment fund, to consist of all moneys received under s. 50.375 from assessments on hospitals.

SB1, s. 699 Section 699. 25.96 of the statutes, as affected by 2005 Wisconsin Act 141, is amended to read:

SB1,437,15 25.96 Utility public benefits fund. There is established a separate nonlapsible trust fund designated as the utility public benefits fund, consisting of low-income assistance fees received under s. 16.957 (4) (a) and (5) (b) 2. and all moneys received under s. 196.374 (3) (b) 4.

SB1, s. 699c Section 699c. 26.38 (title) of the statutes is amended to read:

SB1,437,17 26.38 (title) Private forest grants Forest grant program.

SB1, s. 699g Section 699g. 26.38 (2m) (a) of the statutes is amended to read:

SB1,437,25 26.38 (2m) (a) The department shall establish a program to award grants for developing and implementing forest stewardship management plans by owners of nonindustrial private forest land and to award grants to groups of interested parties for projects to control invasive plants in weed management areas. The department shall award the grants only to persons owning 500 acres or less of nonindustrial private forest land in this state or to groups in which each person participating owns 500 acres or less of nonindustrial private forest land in this state.

SB1, s. 699m Section 699m. 26.38 (2m) (am) of the statutes is created to read:

SB1,438,7 26.38 (2m) (am) Beginning with fiscal year 2008-09, from the appropriation under s. 20.370 (5) (av), the department shall allocate for each fiscal year at least $60,000 for grants for projects to control invasive plants in weed management areas. From the amount allocated, the department shall award grants to all eligible applicants for grants for such projects before awarding any balance of the allocated amount for grants for stewardship management plans.

SB1, s. 699r Section 699r. 26.38 (2m) (b) of the statutes is amended to read:

SB1,438,13 26.38 (2m) (b) Each owner receiving recipient of a grant under this section shall provide a matching contribution in an amount to be determined by the department for that particular grant based on criteria promulgated by rule under sub. (3). The matching contribution may be in the form of money or in-kind goods or services or both.

SB1, s. 699v Section 699v. 26.38 (3) of the statutes is renumbered 26.38 (3) (intro.) and amended to read:

SB1,438,17 26.38 (3) (intro.) The department shall promulgate rules to implement and administer this program, including the all of the following:

SB1,438,19 (a) The criteria for determining the amount of a matching contribution under sub. (2m) (b) and the.

SB1,438,20 (b) The minimum standards required under sub. (2m) (c).

SB1, s. 699x Section 699x. 26.38 (3) (c) of the statutes is created to read:

SB1,438,24 26.38 (3) (c) Eligibility requirements for groups receiving grants for weed management areas, requirements for the grants, and requirements for establishing weed management areas.

SB1, s. 700 Section 700. 26.385 of the statutes is repealed.

SB1, s. 700e Section 700e. 27.01 (7) (c) 10. of the statutes is amended to read:

SB1,439,14 27.01 (7) (c) 10. Any motor vehicle operated for the purpose of transporting pupils to or from curricular or extracurricular activities of a public or private school or home-based private educational program under s. 118.15 (4) or for the purpose of transporting students to or from an outdoor academic class given by an accredited college or university in this state. The operator of a motor vehicle transporting pupils or students under this subdivision shall possess and exhibit for inspection a written authorization from an administrator of the school or, home-based private educational program, or college or university indicating that admission to the vehicle admission area is part of an official school or, home-based private educational program, or college or university function and indicating the date for which the authorization is applicable. A separate authorization is required for each date on which the motor vehicle is admitted to the vehicle admission area under this subdivision.

SB1, s. 701 Section 701. 28.05 (3) (c) of the statutes is created to read:

SB1,439,20 28.05 (3) (c) Of the amount received by the department from each timber sale for which the department used the services of a cooperating forester under this subsection, the department shall credit to the appropriation account under s. 20.370 (1) (cy) an amount equal to the portion of the sale proceeds that the department is required to pay to the cooperating forester.

SB1, s. 702 Section 702. 28.085 of the statutes is amended to read:

SB1,440,2 28.085 Timber. The department shall allocate for private forest grants under s. 26.38, for forestry research and development grants under s. 26.385, for the forestry education grant program under s. 26.40, for school forest transportation funding under s. 26.39 (5), for transfer to the appropriation under s. 20.292 (1) (km) for master logger apprenticeship grants under s. 38.04 (29), or for forestry internships under s. 26.39.

SB1, s. 702d Section 702d. 28.11 (5m) (title) of the statutes is amended to read:

SB1,440,5 28.11 (5m) (title) Grants for county County forest administrators administration grants.

SB1, s. 702e Section 702e. 28.11 (5m) (am) of the statutes is created to read:

SB1,440,13 28.11 (5m) (am) The department may make grants, from the appropriation under s. 20.370 (5) (bw), to counties having lands entered under sub. (4) to fund up to 50 percent of the costs of a county's annual dues to a nonprofit organization that provides leadership and counsel to that county's forest administrator and that functions as an organizational liaison to the department. The total amount that the department may award in grants under this paragraph in any fiscal year may not exceed $50,000.

SB1, s. 703 Section 703. 29.024 (2g) (am) of the statutes is amended to read:

SB1,440,22 29.024 (2g) (am) Social security numbers exceptions. If an applicant who is an individual does not have a social security number, the applicant, as a condition of applying for, or applying to renew, an approval specified in par. (a) 1. to 3., shall submit a statement made or subscribed under oath or affirmation to the department that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development children and families. An approval issued by the department of natural resources in reliance on a false statement submitted by an applicant under this paragraph is invalid.

SB1, s. 704 Section 704. 29.024 (2g) (c) of the statutes is amended to read:

SB1,441,2 29.024 (2g) (c) Disclosure of social security numbers. The department of natural resources may not disclose any social security numbers received under par. (a) to any person except to the department of workforce development children and families for the sole purpose of administering s. 49.22.

SB1, s. 705 Section 705. 29.024 (2g) (d) 1. of the statutes is amended to read:

SB1,441,13 29.024 (2g) (d) 1. As provided in the memorandum of understanding required under s. 49.857 (2), the department shall deny an application to issue or renew, suspend if already issued or otherwise withhold or restrict an approval specified in par. (a) 1. to 3. if the applicant for or the holder of the approval is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse or if the applicant or holder fails to comply with a subpoena or warrant issued by the department of workforce development children and families or a county child support agency under s. 59.53 (5) and relating to paternity or child support proceedings.

SB1, s. 706 Section 706. 29.024 (2r) (am) of the statutes is amended to read:

SB1,441,23 29.024 (2r) (am) Social security and identification numbers exceptions. If an applicant who is an individual does not have a social security number, the applicant, as a condition of applying for, or applying to renew, any of the approvals specified in par. (a) 1. to 16., shall submit a statement made or subscribed under oath or affirmation to the department that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development children and families. An approval issued by the department of natural resources in reliance on a false statement submitted by an applicant under this paragraph is invalid.

SB1, s. 707 Section 707. 29.024 (6) (ag) of the statutes is created to read:

SB1,442,4 29.024 (6) (ag) Under a contract issued under par. (a) 4., the department may deduct a portion of each fee collected for a license issued pursuant to the statewide automated system. The department shall credit all of the amounts deducted to the appropriation account under s. 20.370 (9) (hv).

SB1, s. 707d Section 707d. 29.063 (1m) of the statutes is created to read:

SB1,442,8 29.063 (1m) The department may not expend more than $2,360,000 from nonfederal funds in the conservation fund in any fiscal year for the management of, and testing for, chronic wasting disease.

SB1, s. 708 Section 708. 29.229 (2) (hm) of the statutes is created to read:

SB1,442,10 29.229 (2) (hm) Two-day inland lake trout fishing licenses.

SB1, s. 709 Section 709. 29.229 (5m) (a) of the statutes is amended to read:

SB1,442,14 29.229 (5m) (a) The band is requested to enter into a memorandum of understanding with the department of workforce development children and families under s. 49.857.

SB1, s. 710 Section 710. 29.229 (5m) (b) of the statutes is amended to read:

SB1,443,2 29.229 (5m) (b) The band is requested to enact tribal laws or ordinances that require each person who has a social security number, as a condition of being issued an approval under this section, to provide to the band his or her social security number, tribal laws or ordinances that require each person who does not have a social security number, as a condition of being issued an approval under this section, to provide to the band a statement made or subscribed under oath or affirmation on a form prescribed by the department of workforce development children and families that the person does not have a social security number, and tribal laws or ordinances that prohibit the disclosure of that number by the band to any other person except to the department of workforce development children and families for the purpose of administering s. 49.22.

SB1, s. 711 Section 711. 29.229 (5m) (c) of the statutes is amended to read:

SB1,443,18 29.229 (5m) (c) The band is requested to enact tribal laws or ordinances that deny an application to issue or renew, suspend if already issued or otherwise withhold or restrict an approval issued under this section if the applicant for or the holder of the approval fails to provide the information required under tribal laws or ordinances enacted under par. (b) or fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development children and families or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings or if the department of workforce development children and families certifies that the applicant for or the holder of the approval has failed to pay court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse. The band is also requested to enact tribal laws or ordinances that invalidate an approval issued under this subsection if issued in reliance upon a statement made or subscribed under oath or affirmation under tribal laws or ordinances enacted under par. (b) that is false.

SB1, s. 712 Section 712. 29.2295 (2) (hm) of the statutes is created to read:

SB1,443,20 29.2295 (2) (hm) Two-day inland lake trout fishing licenses.

SB1, s. 712m Section 712m. 29.426 of the statutes is created to read:

SB1,443,24 29.426 Catch and release bass fishing. No person may use any hook, bait, or lure, other than an artificial lure that has a barbless hook, while fishing during a catch and release bass fishing season established by the department.

SB1, s. 712r Section 712r. 29.428 of the statutes is created to read:

SB1,444,7 29.428 Catch and release muskellunge fishing. (1) The department shall establish a fishing season that authorizes catch and release muskellunge fishing on inland waters north of USH 10 other than the boundary waters between this state and the state of Michigan. The catch and release muskellunge fishing season established under this section shall begin on the first day of the general fishing season established by the department and shall end on the day before the first day of the regular muskellunge fishing season established by the department.

SB1,444,10 (2) No person may use any hook, bait, or lure, other than an artificial lure that has a barbless hook, while fishing during the catch and release muskellunge fishing season established by the department under sub. (1).

SB1, s. 713 Section 713. 29.535 of the statutes is created to read:

SB1,444,14 29.535 Shovelnose sturgeon permit. (1) The department shall issue, subject to s. 29.024, an annual shovelnose sturgeon permit to any resident who applies for the permit and who holds at least one of the following licenses:

SB1,444,15 (a) A net license issued under s. 29.523.

SB1,444,16 (b) A trammel net license issued under s. 29.529.

SB1,444,17 (c) A set or bank pole license issued under s. 29.531.

SB1,444,18 (d) A setline license issued under s. 29.533.

SB1,444,20 (2) No person may take shovelnose sturgeon or shovelnose sturgeon eggs unless the person holds a permit from the department under this section.

SB1,444,24 (3) A person who is required to hold an annual shovelnose sturgeon permit shall report to the department, on forms available from the department, on or before the 10th day of each month, the number of pounds of shovelnose sturgeon eggs harvested during the preceding calendar month.

SB1,445,2 (4) The department shall deposit receipts from the sale of permits under this section in the conservation fund.

SB1, s. 716 Section 716. 29.563 (7) (c) 5g. of the statutes is created to read:

SB1,445,4 29.563 (7) (c) 5g. Shovelnose sturgeon permit: $50.

SB1, s. 717g Section 717g. 30.133 (1) of the statutes is amended to read:

SB1,445,12 30.133 (1) (a) Beginning on April 9, 1994, and except as provided in s. 30.1355, no owner of riparian land that abuts a navigable water may convey, by grant by an easement or by a similar conveyance, any riparian right in the land to another person, except for the right to cross the land in order to have access to the navigable water. This right to cross the land may not include the right to place any structure or material, including a boat docking facility, as defined in s. 30.1335 (1) (a), in the navigable water.

SB1, s. 717r Section 717r. 30.1335 of the statutes is created to read:

SB1,445,14 30.1335 Marina condominiums. (1) Definitions. In this section:

SB1,445,16 (a) "Boat docking facility" means a pier, wharf, boat slip, or multi-boat-slip facility.

SB1,445,17 (b) "Common element" has the meaning given in s. 703.02 (2).

SB1,445,18 (c) "Condominium" has the meaning given in s. 703.02 (4).

SB1,445,19 (d) "Condominium unit" has the meaning given for "unit" in s. 703.02 (15).

SB1,445,20 (e) "Declarant" has the meaning given in s. 703.02 (7).

SB1,445,21 (f) "Declaration" has the meaning given in s. 703.02 (8).

SB1,445,23 (h) "Dwelling" means a structure or part of a structure that is used or intended to be used as a home or residence by one or more persons to the exclusion of all others.

SB1,445,24 (i) "Limited common element" has the meaning given in s. 703.02 (10).

SB1,446,3 (j) "Marina condominium" means a condominium in which the common elements, limited common elements, or condominium units consist of or include boat docking facilities and to which either or both of the following apply:

SB1,446,4 1. One or more of the boat docking facilities is not appurtenant to a dwelling.

SB1,446,5 2. None of the condominium units are dwellings.

SB1,446,10 (2) Prohibition. No owner of riparian land may create a marina condominium on the riparian land on or after June 1, 2007. Any declaration for a marina condominium that is recorded on or after June 1, 2007, is invalid and establishes ownership of the riparian land as a tenancy in common that is held by the owners of the marina condominium units.

SB1,446,14 (3) Existing marina condominiums. (a) Notwithstanding sub. (2), a declaration that creates or purports to create a marina condominium and that is recorded before June 1, 2007, shall be effective in creating the marina condominium regardless of subsequent activity affecting the declaration.

SB1,446,20 (b) If a marina condominium as described par. (a) contains more than 300 boat slips, the declarant shall make at least 40 percent of the total number of boat slips in the marina condominium available for rent or for transient use by the public. When the declarant conveys title to, or another interest in, a condominium unit that is affected by this restriction on use, the declarant shall include a statement of the restriction in the instrument of conveyance.

SB1,447,8 (4) Validity of permits. (a) For a marina that is converted into a marina condominium, if the owner of the marina is issued a permit or other authorization under this subchapter to place, maintain, or use a boat docking facility before the date that a declaration was recorded converting the marina into a marina condominium, the permit or authorization shall be deemed to satisfy the requirements of this subchapter and may not be rescinded or modified by the department or a municipality or by court or administrative order if the grounds for the rescission or modification are based on the fact that the marina has been converted to a marina condominium. The permit or authorization shall remain in effect regardless of any subsequent activity affecting the declaration. This paragraph does not apply to any permit or authorization that is issued after the date that the declaration was recorded converting the marina into a marina condominium.

SB1,447,17 (b) For a marina condominium that was not previously a marina, if the owner of a marina condominium is issued a permit or other authorization under this subchapter to place, maintain, or use a boat docking facility, the permit or authorization shall be deemed to satisfy the requirements of this subchapter and may not be rescinded or modified by the department or a municipality or by court or administrative order if the grounds for the rescission or modification are based on the fact that the boat docking facility is part of a marina condominium as opposed to a marina. The permit or authorization shall remain in effect regardless of any subsequent activity affecting the declaration.