2005 Wisconsin Act 25

20.875 (2) (q) Budget stabilization Taxpayer protection fund transfer. The amounts in the schedule to be transferred no later than October 15 of each year.

25,484m Section 484m. 20.903 (2) (c) of the statutes is amended to read:

20.903 (2) (c) All expenditures authorized by this subsection are subject to the estimate approval procedure provided in s. 16.50 (2). Notwithstanding pars. (a), (b) and (bn), the maximum amounts that may be expended from a program revenue or program revenue-service appropriation which is limited to the amounts in the schedule are the amounts in the schedule, except as authorized by the department of administration under s. 16.515 or the joint committee on finance under s. 13.101. Nothing in this paragraph requires the Board of Regents of the University of Wisconsin System to report any overdrafts in program revenue accounts to the department of administration.

25,485 Section 485. 20.905 (1) of the statutes is amended to read:

20.905 (1) Manner of payment. Payments to the state may be made in legal tender, postal money order, express money order, bank draft, or certified check. Payments to the state may also be made by personal check or individual check drawn in the ordinary course of business unless otherwise required by individual state agencies. Payments to the state made by a debit or credit card approved by the depository selection board may be accepted by state agencies. Prior to authorizing the use of a card, the depository selection board shall determine how any charges associated with the use of the card shall be paid, unless the method of payment of such charges is specified by law. Unless otherwise specifically prohibited by law, payments to the state may be made by electronic funds transfer.

25,486 Section 486. 20.905 (2) of the statutes is amended to read:

20.905 (2) Protested payment. If a personal check tendered to make any payment to the state is not paid by the bank on which it is drawn, if an electronic funds transfer does not take place because of insufficient funds, or if a demand for payment under a debit or credit card transaction is not paid by the bank upon which demand is made, the person by whom the check has been tendered, the person whose funds were to be electronically transferred, or the person entering into the debit or credit card transaction shall remain liable for the payment of the amount for which the check was tendered, the amount that was to be electronically transferred, or the amount agreed to be paid by debit or credit card and for all legal penalties, additions and a charge set by the depository selection board which is comparable to charges for unpaid drafts made by establishments in the private sector. In addition, the officer to whom the check was tendered, to whom the electronic funds transfer was promised, or to whom the debit or credit card was presented may, if there is probable cause to believe that a crime has been committed, provide any information or evidence relating to the crime to the district attorney of the county having jurisdiction over the offense for prosecution as provided by law. If any license has been granted upon any such check, any such electronic funds transfer, or any such debit or credit card transaction, the license shall be subject to cancellation for the nonpayment of the check, the failure to make the electronic funds transfer, or failure of the bank to honor the demand for payment authorized by debit or credit card.

25,486m Section 486m. 20.907 (1m) of the statutes is amended to read:

20.907 (1m) Reporting. State agencies shall, by December 1 annually, submit a report to the joint committee on finance and the department of administration on expenditures made by the agency during the preceding fiscal year from nonfederal funds received as gifts, grants, bequests or devises. The department of administration shall prescribe a form, which the department may modify as appropriate for the various state agencies, that each state agency must use to report its expenditures as required under this subsection. The form shall require the expenditures to be reported in aggregate amounts as determined by the department of administration. The report shall also include a listing of in-kind contributions, including goods and services, received and used by the state agency during the preceding fiscal year. This subsection does not apply to the Board of Regents of the University of Wisconsin System.

25,487b Section 487b. 20.923 (4) (c) 5. of the statutes is repealed.

25,487e Section 487e. 20.923 (4) (e) 1m. of the statutes is repealed.

25,487r Section 487r. 20.923 (4) (g) 1m. of the statutes is created to read:

20.923 (4) (g) 1m. Employee trust funds, department of: secretary.

25,488g Section 488g. 21.49 (2m) of the statutes is created to read:

21.49 (2m) Information regarding attendance. The department shall promulgate by rule the number of days after commencement of a course that a guard member shall provide the department with the following information regarding his or her intent to seek reimbursement for a course under this section:

(a) The guard member's name.

(b) The qualifying school that the guard member is attending.

(c) Whether the guard member is enrolled full time or part time at the qualifying school.

(d) An estimate of the tuition grant that will be claimed after the completion date of the course.

25,488m Section 488m. 21.49 (3) (b) 1. of the statutes is amended to read:

21.49 (3) (b) 1. Be submitted to the department for approval of payment no later than 90 60 days after the completion date of the course;

25,490 Section 490. 21.72 (1) (a) 4. of the statutes is amended to read:

21.72 (1) (a) 4. A license, certificate of approval, provisional license, conditional license, certification, certification card, registration, permit, training permit, or approval specified in s. 49.45 (2) (a) 11., 51.42 (7) (b) 11., 51.421 (3) (a), 146.50 (5) (a) or (b), (6g) (a), (7), or (8) (a) or (f), 250.05 (5), 252.23 (2), 252.24 (2), 254.176, 254.178 (2) (a), 254.20 (2), (3), or (4), 254.64 (1) (a) or (b), 254.71 (2), 255.08 (2) (a), or 343.305 (6) (a) or a permit for the operation of a campground specified in s. 254.47 (1).

25,490m Section 490m. 23.09 (18m) of the statutes is created to read:

23.09 (18m) Managed forest land aids for closed lands. (a) In this subsection "municipality" means a town, village, or city.

(b) From the appropriation under s. 20.370 (5) (br), the department shall make payments to each municipality that has land entered on the tax roll as closed land under s. 77.84 (1) on July 1 of the applicable fiscal year.

(c) The amount of the payment made in a fiscal year to an eligible municipality shall equal the municipality's proportionate share of the annual amount. The annual amount for fiscal year 2005-06 is $1,213,000. The annual amount for fiscal year 2006-07 and for each subsequent year is $1,113,000.

(d) An eligible municipality's proportionate share shall equal the number of acres within its boundaries that is entered on the tax roll as closed land under s. 77.84 (1) on July 1 of the fiscal year, divided by the total number of acres that is entered on the tax roll as closed land under s. 77.84 (1) throughout the state on that same date, multiplied by the applicable annual amount as specified under par. (c).

(e) Each municipality shall pay to the county in which the municipality is located 20 percent of the amounts the municipality receives under this subsection for closed land located in that county.

25,491 Section 491. 23.09 (25) of the statutes is repealed.

25,491b Section 491b. 23.0917 (3) (a) of the statutes is amended to read:

23.0917 (3) (a) Beginning with fiscal year 2000-01 and ending with fiscal year 2009-10, the department may obligate moneys under the subprogram for land acquisition to acquire land for the purposes specified in s. 23.09 (2) (d) and grants for these purposes under s. 23.096, except as provided under ss. 23.197 (2m), (3m) (b), (7m), and (8) and 23.198 (1) (a). As soon as practicable, and not later than fiscal year 2009-2010, the department shall obligate moneys under the subprogram for land acquisition to acquire public land from the board of commissioners of public lands under s. 24.59 (1).

25,491e Section 491e. 23.0917 (3) (c) (intro.) of the statutes is amended to read:

23.0917 (3) (c) (intro.) In obligating moneys under the subprogram for land acquisition, the department shall give first priority to the acquisition of public land from the board of commissioners of public lands under s. 24.59 (1). The department shall give second priority to all of the following purposes and to awarding grants under s. 23.096 for all the following purposes:

25,491f Section 491f. 23.0917 (4) (a) of the statutes is amended to read:

23.0917 (4) (a) Beginning with fiscal year 2000-01 and ending with fiscal year 2009-10, the department may obligate moneys under the subprogram for property development and local assistance. As soon as practicable, and not later than fiscal year 2009-10, the department shall obligate moneys under the subprogram for property development and local assistance to acquire public land from the board of commissioners of public lands under s. 24.59 (1) if the moneys obligated under the subprogram for land acquisition are insufficient to acquire that land as required under sub. (3) (a). Moneys obligated under this subprogram may be only used for nature-based outdoor recreation, except as provided under par. (cm).

25,491fg Section 491fg. 23.0917 (4) (cm) 4m. of the statutes is created to read:

23.0917 (4) (cm) 4m. Acquisition of public land under s. 24.59 (1).

25,491fr Section 491fr. 23.0917 (4) (d) 4m. of the statutes is created to read:

23.0917 (4) (d) 4m. If the department is required under par. (a) to obligate moneys from this subprogram to acquire public land from the board of commissioners of public lands under s. 24.59 (1), the department shall give priority to that acquisition.

25,491g Section 491g. 23.0917 (5m) (a) of the statutes is amended to read:

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.

25,491i Section 491i. 23.0917 (6c) of the statutes is created to read:

23.0917 (6c) Use of proceeds of certain sales. If the department acquires public land from the board of commissioners of public land under s. 24.59 (1) and subsequently sells that land, it shall credit the proceeds of that sale to the appropriation under s. 20.370 (7) (ah).

25,491k Section 491k. 23.0917 (6m) of the statutes is created to read:

23.0917 (6m) Review by joint committee on finance. (a) In addition to obtaining any necessary approval of the building commission under s. 13.48 or 13.488, 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. 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.

(b) If the committee does not hold the meeting to review the proposal within 75 days after the cochairpersons notify the department that a meeting has been scheduled, the department may obligate the moneys.

(c) The procedures under pars. (a) and (b) apply only to an amount for a project or activity that exceeds $300,000, except as provided in par. (d).

(d) The procedures under pars. (a) and (b) apply to any land acquisition under sub. (5m).

(e) This subsection does not apply to land acquired by the department under s. 24.59 (1).

25,491m Section 491m. 23.0917 (8) (d) of the statutes is amended to read:

23.0917 (8) (d) The department may not acquire land using moneys from the appropriation under s. 20.866 (2) (ta) without the prior approval of a majority of the members-elect, as defined in s. 59.001 (2m), of the county board of supervisors of the county in which the land is located if at least 66% of the land in the county is owned or under the jurisdiction of the state, the federal government, or a local governmental unit, as defined in s. 66.0131 (1) (a). Before determining whether to approve the acquisition, the county in which the land is located shall post notices that inform the residents of the community surrounding the land of the possible acquisitions. This paragraph does not apply to land acquired by the department under s. 24.59 (1).

25,491n Section 491n. 23.0917 (8) (e) of the statutes is created to read:

23.0917 (8) (e) The department may not acquire land using moneys from the appropriation under s. 20.866 (2) (ta) without the prior approval of a majority of the members-elect, as defined in s. 59.001 (2m), of the town board of the town in which the land is located if at least 35 percent of the land in the town is owned or under the jurisdiction of the state, the federal government, or a local governmental unit, as defined in s. 66.0131 (1) (a). Before determining whether to approve the acquisition, the town in which the land is located shall post notices that inform the residents of the town surrounding the land of the possible acquisitions. This paragraph does not apply to land acquired by the department under s. 24.59 (1).

25,491p Section 491p. 23.10 (1m) of the statutes is created to read:

23.10 (1m) The department shall designate a conservation warden as the chief warden and may designate one or more deputy chief wardens. The chief warden shall have the duty to direct, supervise, and control conservation wardens in the performance of their duties under sub. (1) and s. 29.921.

25,491s Section 491s. 23.14 of the statutes is amended to read:

23.14 Approval required before new lands acquired. Prior to the initial acquisition of any lands by the department after July 1, 1977, for any new facility or project, the proposed initial acquisition shall be submitted to the governor for his or her approval. New facilities or projects include, without limitation because of enumeration, state parks, state forests, recreation areas, public shooting, trapping or fishing grounds or waters, fish hatcheries, game farms, forest nurseries, experimental stations, endangered species preservation areas, picnic and camping grounds, hiking trails, cross-country ski trails, bridle trails, nature trails, bicycle trails, snowmobile trails, youth camps, land in the lower Wisconsin state riverway as defined in s. 30.40 (15), natural areas and wild rivers. This section does not apply to the acquisition of public land from the board of commissioners of public lands under s. 24.59 (1).

25,492 Section 492. 23.15 (6) of the statutes is created to read:

23.15 (6) This section does not apply to property that is authorized to be sold under s. 16.848.

25,495 Section 495. 23.22 (2) (c) of the statutes is amended to read:

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% 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 in each fiscal year at least $500,000 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.

25,496 Section 496. 23.27 (3) (a) of the statutes is repealed and recreated to read:

23.27 (3) (a) Duties. The department shall conduct a natural heritage inventory program. The department shall cooperate with the department of administration under s. 16.967 in conducting this program. This program shall establish a system for determining the existence and location of natural areas, the degree of endangerment of natural areas, an evaluation of the importance of natural areas, information related to the associated natural values of natural areas, and other information and data related to natural areas. This program shall establish a system for determining the existence and location of native plant and animal communities and endangered, threatened, and critical species, the degree of endangerment of these communities and species, the existence and location of habitat areas associated with these communities and species, and other information and data related to these communities and species. This program shall establish and coordinate standards for the collection, storage, and management of information and data related to the natural heritage inventory.

25,497 Section 497. 23.32 (2) (d) of the statutes is repealed and recreated to read:

23.32 (2) (d) The department shall cooperate with the department of administration under s. 16.967 in conducting wetland mapping activities or any related land information collection activities.

25,498 Section 498. 23.325 (1) (a) of the statutes is repealed and recreated to read:

23.325 (1) (a) Shall consult with the department of administration, the department of transportation, and the state cartographer, and may consult with other potential users of the photographic products resulting from the survey, to determine the scope and character of the survey.

25,499 Section 499. 23.33 (2) (i) 1. of the statutes is amended to read:

23.33 (2) (i) 1. Directly issue, transfer, or renew the registration documentation with or without using the expedited service specified in par. (ig) 1.

25,500 Section 500. 23.33 (2) (i) 3. of the statutes is amended to read:

23.33 (2) (i) 3. Appoint persons who are not employees of the department as agents of the department to issue, transfer, or renew the registration documentation using either or both of the expedited services specified in par. (ig) 1.

25,501 Section 501. 23.33 (2) (ig) 1. (intro.) of the statutes is amended to read:

23.33 (2) (ig) 1. (intro.) For the issuance of original or duplicate registration documentation and for the transfer or renewal of registration documentation, the department may implement either or both of the following expedited procedures to be provided by the department and any agents appointed under par. (i) 3.:

25,502 Section 502. 23.33 (2) (ig) 1. a. of the statutes is amended to read:

23.33 (2) (ig) 1. a. A noncomputerized procedure under which the department or an agent may accept appointed under par. (i) 3. accepts applications for registration certificates documentation and issue a validated registration receipt at the time the applicant submits the application accompanied by the required fees.

25,503 Section 503. 23.33 (2) (ig) 1. b. of the statutes is amended to read:

23.33 (2) (ig) 1. b. A computerized procedure under which the department or agent may accept applications for registration documentation and issue to each applicant all or some of the items of the registration documentation at the time the applicant submits the application accompanied by the required fees.

25,504 Section 504. 23.33 (2) (ig) 2. of the statutes is amended to read:

23.33 (2) (ig) 2. Under either procedure under subd. 1., the applicant shall receive any remaining items of registration documentation directly from the department at a later date. The items of registration documentation issued at the time of the submittal of the application under either procedure shall be sufficient to allow the all-terrain vehicle for which the application is submitted to be operated in compliance with the registration requirements under this subsection. The items of registration documentation issued under subd. 1. b. shall include at least one registration decal.

25,505 Section 505. 23.33 (2) (ir) (title) of the statutes is repealed and recreated to read:

23.33 (2) (ir) (title) Registration; supplemental fees.

25,506 Section 506. 23.33 (2) (ir) 1. of the statutes is amended to read:

23.33 (2) (ir) 1. In addition to the applicable fee under par. (c), (d), or (e), each agent appointed under par. (i) 3. shall collect an expedited a service fee of $3 each time the agent issues a validated registration receipt under par. (ig) 1. a. The agent shall retain the entire amount of each expedited service fee the agent collects.

25,507 Section 507. 23.33 (2) (ir) 2. of the statutes is amended to read:

23.33 (2) (ir) 2. In addition to the applicable fee under par. (c), (d), or (e), the department or the agent appointed under par. (i) 3. shall collect an expedited a service fee of $3 $5 each time the expedited service under par. (ig) 1. b. is provided. The agent shall remit to the department $1 of each expedited service fee the agent collects.

25,508c Section 508c. 24.01 (1) of the statutes is amended to read:

24.01 (1) "Agricultural college lands" embraces all lands granted to the state by an act of congress entitled "An act donating public lands to the several states and territories which may provide colleges for the benefit of agriculture and the mechanic arts," approved July 2, 1862, as well as any land received under s. 24.09 (1) (bm) (3) in exchange for such land.

25,508f Section 508f. 24.01 (4) of the statutes is amended to read: