Wisconsin Legislature: 16,1039t

23.175 (3m) Allocation between appropriations. For purposes of sub. (3) (b), the department shall determine how the moneys being expended are to be allocated from the appropriations under s. 20.866 (2) (ta) and (tz). The moneys expended from the appropriation under s. 20.866 (2) (ta) shall be subject to the agreement under s. 23.0917 (4r). The department may not allocate or expend any moneys from the appropriation under s. 20.866 (2) (ta) before July 1, 2000.

16,1039b Section 1039b. 23.193 of the statutes is created to read:

23.193 Acquisition of certain lands purchased by the board of commissioners of public lands. (1) If the board of commissioners of public lands invests moneys in the purchase of land under s. 24.61 (2) (a) 10., the department, within 5 years after the date of purchase, may offer to exchange land that is currently owned by the state and that is under the jurisdiction of the department for the land purchased under s. 24.61 (2) (a) 10. The value of the land offered for exchange by the department shall be of approximately equal value, as defined in s. 24.09 (1) (bm).

(2) If the department fails to make such an offer under sub. (1) within the required time period, the department shall pay the board of commissioners of public lands an amount that equals the fair market value of the land and the board shall transfer jurisdiction over any land purchased under s. 24.61 (2) (a) 10. to the department.

(3) Section 23.14 does not apply to any land over which the department acquires jurisdiction under this section. Section 23.15 does not apply to any land offered for exchange or exchanged by the department under this section.

16,1039br Section 1039br. 23.197 (1) (a) of the statutes is amended to read:

23.197 (1) (a) From the appropriation under s. 20.866 (2) (ta) or (tz) or both, the department shall provide funding to the city of Racine for a multipurpose pathway along the Root River. The amount provided by the department may not exceed the amount that equals the matching contribution for the pathway made by the city of Racine or $750,000 $1,125,000, whichever is less.

16,1039bm Section 1039bm. 23.197 (2m) of the statutes is created to read:

23.197 (2m) Kickapoo valley reserve; visitor center. From the appropriation under s. 20.866 (2) (ta), the department shall provide $2,370,000 to the Kickapoo reserve management board for construction of a visitor center and administration building at the Kickapoo valley reserve. 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).

16,1039bv Section 1039bv. 23.197 (3) (a) of the statutes is amended to read:

23.197 (3) (a) From the appropriation under s. 20.866 (2) (ta) or (tz) or both, the department shall provide the amount necessary for the development of a recreational area on Keyes Lake in Florence County, but the amount may not exceed $125,000 $175,000.

16,1039c Section 1039c. 23.197 (3m) of the statutes is renumbered 23.197 (3m) (a) and amended to read:

23.197 (3m) (a) From the appropriation under s. 20.866 (2) (ta) or (tz) or both, the department shall provide funding in the amount of $50,000 to rebuild a the chalet at Rib Mountain State Park. The department shall determine how the moneys being provided under this subsection paragraph will be allocated between the appropriations under s. 20.866 (2) (ta) and (tz). For purposes of s. 23.0915 (1), moneys provided from the appropriation under s. 20.866 (2) (tz) shall be treated as moneys expended for general property development. 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 for property development and local assistance.

16,1039d Section 1039d. 23.197 (3m) (b) of the statutes is created to read:

23.197 (3m) (b) In addition to the amounts provided under par. (a), the department shall provide, from the appropriation under s. 20.866 (2) (ta), funding in the amount of $1,000,000 to reconstruct the chalet at Rib Mountain State Park for which funding is provided under par. (a). For purposes of s. 23.0917, moneys provided under this paragraph shall be treated as moneys obligated under either or both of the subprograms under s. 23.0917 (3) and (4).

16,1039fm Section 1039fm. 23.197 (5r) of the statutes is created to read:

23.197 (5r) Hillsboro; camping and recreational area. From the appropriation under s. 20.866 (2) (ta), the department shall provide $60,000 to the city of Hillsboro for the development of a camping and recreational area near the Hillsboro and Northeastern Spur Trail in the city of Hillsboro. For purposes of s. 23.0917, moneys provided from the appropriation under s. 20.866 (2) (ta) shall be treated as moneys obligated from the subprogram for property development and local assistance. Notwithstanding s. 23.09 (20) (b), the 50% matching requirement under s. 23.09 (20) (b) does not apply to the state aid provided under this subsection.

16,1039k Section 1039k. 23.197 (6m) of the statutes is created to read:

23.197 (6m) Plover River; conservation easements. From the appropriation under s. 20.866 (2) (ta), the department shall provide $135,000 to acquire conservation easements along the Plover River in Marathon County and Portage County. 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 the subprogram for land acquisition.

16,1039km Section 1039km. 23.197 (6r) of the statutes is created to read:

23.197 (6r) Milwaukee County; beach development. From the appropriation under s. 20.866 (2) (ta), the department shall provide $648,100 to Milwaukee County to redevelop the beach at Grant Park in Milwaukee County. For purposes of s. 23.0917, moneys provided from the appropriation under s. 20.866 (2) (ta) shall be treated as moneys obligated from the subprogram for property development and local assistance. The requirements for matching contributions under s. 23.09 (20) (b) shall apply to the state aid provided under this subsection.

16,1039m Section 1039m. 23.197 (7) of the statutes is created to read:

23.197 (7) Menasha; skateboard park. From the appropriation under s. 20.866 (2) (ta), during the fiscal biennium 2001-03 the department shall provide $25,000 to the city of Menasha for the purchase of land to be used for a skateboard park facility in Winnebago County. For 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 the subprogram for land acquisition.

16,1039n Section 1039n. 23.197 (7m) of the statutes is created to read:

23.197 (7m) Wisconsin agricultural stewardship initiative facility. From the appropriation under s. 20.866 (2) (ta), the department shall provide funding in the amount of $1,000,000 for the Wisconsin agricultural stewardship initiative at the University of Wisconsin-Platteville and the University of Wisconsin-Madison, to construct a facility to be used for conducting research and for training farmers concerning the development of sound environmental farming practices. For purposes of s. 23.0917, moneys provided under this subsection shall be treated as moneys obligated under either or both of the subprograms under s. 23.0917 (3) and (4).

16,1039p Section 1039p. 23.197 (8) of the statutes is created to read:

23.197 (8) State fair park construction. From the appropriation under s. 20.866 (2) (ta), the department shall provide $2,000,000 for projects that are approved by the state fair park board. For purposes of s. 23.0917, moneys provided under this subsection shall be treated as moneys obligated under either or both of the subprograms under s. 23.0917 (3) and (4).

16,1039s Section 1039s. 23.197 (8m) of the statutes is created to read:

23.197 (8m) Conservation law enforcement museum. From the appropriation under s. 20.866 (2) (ta), the department shall provide funding in the amount of $200,000 for the development of a conservation law enforcement museum. Expenditures under this subsection shall be made in a manner such that, for every $1 received by the department from private grants, gifts, or bequests for the development of the museum, $1 will be expended from the moneys under this subsection. 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 the subprogram for property development and local assistance.

16,1039t Section 1039t. 23.197 (9) of the statutes is created to read:

23.197 (9) Prairie River restoration. From the appropriation under s. 20.866 (2) (ta), the department shall provide funding to the city of Merrill in the amount of $450,000 for a project to restore an area on the exposed bed of the former flowage on the Prairie River. 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 the subprogram for property development and local assistance.

16,1039w Section 1039w. 23.198 (1) (a) of the statutes is amended to read:

23.198 (1) (a) From the appropriation under s. 20.866 (2) (ta), the department shall provide up to $1,500,000 $4,500,000 for the development of a state park that will provide access to Lake Michigan in the city of Milwaukee Lakeshore State Park. For purposes of s. 23.0917, moneys provided under this paragraph shall be treated as moneys obligated under either or both of the subprogram for property development and local assistance subprograms under s. 23.0917 (3) and (4).

16,1040 Section 1040. 23.235 (2) of the statutes is amended to read:

23.235 (2) Except as provided in sub. (3), no person may sell, offer for sale, distribute, plant, or cultivate any nuisance weed multiflora rose or seeds thereof.

16,1041 Section 1041. 23.235 (4) of the statutes is repealed.

16,1042 Section 1042. 23.24 of the statutes is created to read:

23.24 Aquatic plants. (1) Definitions. In this section:

(a) "Aquaculture" has the meaning given in s. 93.01 (1d).

(b) "Aquatic plant" means a planktonic, submergent, emergent, or floating-leaf plant or any part thereof.

(d) "Cultivate" means to intentionally maintain the growth or existence of.

(e) "Distribute" means to sell, offer to sell, distribute for no consideration, or offer to distribute for no consideration.

(f) "Introduce" means to plant, cultivate, stock, or release.

(g) "Invasive aquatic plant" means an aquatic plant that is designated under sub. (2) (b) 1.

(h) "Manage" means to introduce or control.

(i) "Native" means indigenous to the waters of this state.

(j) "Nonnative" means not indigenous to the waters of this state.

(k) "Waters of this state" means any surface waters within the territorial limits of this state.

(2) Program established. (a) The department shall establish a program for the waters of this state to do all of the following:

1. Protect and develop diverse and stable communities of native aquatic plants.

2. Regulate how aquatic plants are managed.

3. Provide education and conduct research concerning invasive aquatic plants.

(b) Under the program implemented under par. (a), the department shall do all of the following:

1. Designate by rule which aquatic plants are invasive aquatic plants for purposes of this section. The department shall designate Eurasian water milfoil, curly leaf pondweed, and purple loosestrife as invasive aquatic plants and may designate any other aquatic plant as an invasive aquatic plant if it has the ability to cause significant adverse change to desirable aquatic habitat, to significantly displace desirable aquatic vegetation, or to reduce the yield of products produced by aquaculture.

2. Administer and establish by rule procedures and requirements for the issuing of aquatic plants management permits required under sub. (3).

1. The quantity of aquatic plants that may be managed under an aquatic plant management permit.

2. The species of aquatic plants that may be managed under an aquatic plant management permit.

3. The areas in which aquatic plants may be managed under an aquatic plant management permit.

4. The methods that may be used to manage aquatic plants under an aquatic plant management permit.

5. The times during which aquatic plants may be managed under an aquatic plant management permit.

6. The allowable methods for disposing or using aquatic plants that are removed or controlled under an aquatic plant management permit.

7. The requirements for plans that the department may require under sub. (3) (b).

(3) Permits. (a) Unless a person has a valid aquatic plant management permit issued under the program established under sub. (2), no person may do any of the following:

1. Introduce nonnative aquatic plants into waters of this state.

2. Manually remove aquatic plants from navigable waters.

3. Control aquatic plants in waters of this state by the use of chemicals.

4. Control aquatic plants in navigable waters by introducing biological agents, by using a process that involves dewatering, desiccation, burning, or freezing, or by using mechanical means.

(b) The department may require that an application for an aquatic plant management permit contain a plan for the department's approval as to how the aquatic plants will be introduced, removed, or controlled.

(c) The department may promulgate a rule to establish fees for aquatic plant management permits. Under the rule, the department may establish a different fee for an aquatic plant management permit to manage aquatic plants that are located in a body of water that is entirely confined on the property of one property owner.

(4) Exemptions from permits. (a) In this subsection:

1. "Local governmental unit" means a political subdivision of this state, a special purpose district in this state, an instrumentality or corporation of the political subdivision or special purpose district, or a combination or subunit of any of the foregoing.

2. "State agency" means any office, department, independent agency, or attached board or commission within the executive branch of state government, or any special purpose authority created by statute.

(b) The permit requirement under sub. (3) does not apply to any of the following:

1. A person who manually removes aquatic plants from privately owned stream beds with the permission of the landowner.

2. A person who engages in an activity listed under sub. (3) (a) in the course of harvesting wild rice as authorized under s. 29.607.

3. A person who engages in an activity listed under sub. (3) (a) in the course of operating a fish farm as authorized under s. 95.60.

1. A person who owns property on which there is a body of water that is entirely confined on the property of that person.

2. A riparian owner who manually removes aquatic plants from a body of water that abuts the owner's property provided that the removal does not interfere with the rights of other riparian owners.

3. A person who is controlling purple loosestrife.

4. A person who uses chemicals in a body of water for the purpose of controlling bacteria on bathing beaches.

5. A person who uses chemicals on plants to prevent the plants from interfering with the use of water for drinking purposes.

6. A state agency or a local governmental unit that uses a chemical treatment in a body of water for the purpose of protecting the public health.

(5) Distribution prohibited. No person may distribute an invasive aquatic plant.

(6) Penalties. (a) Except as provided in par. (b), any person who violates sub. (3) shall forfeit not more than $200.

(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 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.

(c) The court may order a person who is convicted under par. (b) 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.