Amendment CSA1-SB40

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.

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

SB40-CSA1,453,10 23.33 (5r) Landowner incentive program. (a) In this subsection "public all-terrain vehicle corridor" has the meaning given in s. 23.33 (2j) (a).

SB40-CSA1,453,13 (b) The department shall establish a program to make incentive payments to private landowners who permit public all-terrain vehicle corridors on their lands and who apply for the payments.

SB40-CSA1,453,17 (c) An application is not considered complete until the forester or another employee of each county in which the public all-terrain vehicle corridor is located measures the length of the corridor in that county for the purpose of calculating the payment.

SB40-CSA1,453,18 (d) Incentive payments under the program shall be calculated as follows:

SB40-CSA1,453,21 1. For a public all-terrain vehicle corridor that was open to the public for 60 days or more but for less than 180 days in the previous fiscal year, the incentive payment shall be $25 per mile.

SB40-CSA1,453,24 2. For a public all-terrain vehicle corridor that was open to the public for 180 days or more but for less than 270 days in the previous fiscal year, the incentive payment shall be $75 per mile.

SB40-CSA1,454,2 3. For a public all-terrain vehicle corridor that was open to the public for 270 days or more in the previous fiscal year, the incentive payment shall be $100 per mile.

SB40-CSA1,454,8 (e) If a private landowner enters into an agreement with a county to allow a public all-terrain vehicle corridor on the landowner's land for a period of at least 5 years, the landowner shall receive a supplemental payment, in addition to the payment as calculated under par. (c), that equals 10 percent of the payment calculated under par. (c) for each full or partial fiscal year that is included in the 5-year period.

SB40-CSA1,454,11 (f) If the total amount of incentive payments made in a given fiscal year would exceed the amount available for the payments, the department shall establish a system to prorate the payments.

SB40-CSA1,454,14 (g) During fiscal year 2007-08, the department may expend up to $100,000 from the appropriation under s. 20.370 (5) (cu) for incentive payments under this program.

SB40-CSA1, s. 666m Section 666m. 23.33 (11m) of the statutes is created to read:

SB40-CSA1,454,17 23.33 (11m) Lightweight utility vehicles pilot program. (a) In this subsection:

SB40-CSA1,454,21 1. "Golf cart" means a vehicle whose speed attainable in one mile does not exceed 20 miles per hour on a paved, level surface, and is designed and intended to convey one or more persons and equipment to play the game of golf in an area designated as a golf course.

SB40-CSA1,455,2 2. "Lightweight utility vehicle" means an engine-driven device having a gross weight of more than 700 pounds but not more than 1,999 pounds that is designed to travel on 4 or more low-pressure tires, is equipped with a cargo area, and is used primarily off a highway. "Lightweight utility vehicle" does not include golf carts or low-speed vehicles.

SB40-CSA1,455,5 3. "Low pressure tire" means a tire that is designed to be mounted on a rim with a maximum diameter of 14 inches and to be inflated with an operating pressure not to exceed 20 pounds per square inch as recommended by the manufacturer.

SB40-CSA1,455,9 4. "Low-speed vehicle" means a low-speed vehicle, as defined in 49 CFR 571.3, that satisfies the equipment standards under 49 CFR 571.500 and that was originally manufactured to meet the applicable equipment standards under 49 CFR 571.500. "Low-speed vehicle" does not include a golf cart.

SB40-CSA1,455,10 5. "Municipality" means a city, village, or town.

SB40-CSA1,455,15 (b) The department of natural resources, in consultation with the department of transportation, shall administer a pilot program to investigate the effects of using lightweight utility vehicles on trails and roadways that are used and authorized to be used by all-terrain vehicles, to evaluate whether it is feasible and appropriate to expand the allowable use of lightweight utility vehicles.

SB40-CSA1,455,22 (c) The counties of Florence, Forest, Sawyer, Marinette, Langlade, Lincoln, Oneida, and Washburn, and the municipalities within those counties, are eligible to participate in the pilot program, and the governing body of each county or municipality may elect to participate in the pilot program by adopting a resolution to that effect. The governing body of each county or municipality may withdraw from the pilot program prior to the end of the pilot program under par. (h) by adopting a resolution to that effect.

SB40-CSA1,455,24 (d) The counties and municipalities in the pilot program may designate any of the following:

SB40-CSA1,456,2 1. All-terrain vehicle routes and trails within their respective jurisdictions that may be used by operators of lightweight utility vehicles.

SB40-CSA1,456,4 2. All-terrain vehicle routes and trails within their respective jurisdictions upon which lightweight utility vehicle use is prohibited.

SB40-CSA1,456,6 (e) For the purposes of all of the following, a lightweight utility vehicle that is operated as authorized under this subsection is considered an all-terrain vehicle:

SB40-CSA1,456,8 1. Sections 345.11 (1r), 346.02 (11), 349.02, 885.235 (1g) and (1k), 895.049, and 901.053.

SB40-CSA1,456,9 2. Subsections (3), (3g), (4), (4c) to (4x), (6), (7), (10), (12), and (13).

SB40-CSA1,456,10 3. Local ordinances enacted by a county or municipality under sub. (11).

SB40-CSA1,456,12 (f) In addition to the provisions under par. (e), the operation of a lightweight utility vehicle as authorized under the pilot program is subject to all of the following:

SB40-CSA1,456,14 1. The operator of a lightweight utility vehicle must possess a valid motor vehicle operator's license.

SB40-CSA1,456,16 2. Any trail fees imposed on all-terrain vehicle use by a county or municipality also apply to operation of a lightweight utility vehicle.

SB40-CSA1,457,2 (g) The department of natural resources, in consultation with the department of transportation and with the counties and municipalities participating in the pilot program, shall evaluate the effect of using lightweight utility vehicles on roadways and on all-terrain vehicle routes and trails upon conclusion of the pilot program. The department may make grants from the appropriation under s. 20.370 (5) (cu) to each participating county and municipality, for the purpose of assisting the department of natural resources in the evaluation. The department of natural resources shall make grants in such a manner that the total amount of grants for a given county, including the grants to municipalities located wholly or partially in that county, does not exceed $2,000. The department of natural resources shall report the results of its evaluation to the legislature under s. 13.172 (2) no later than January 1, 2010.

SB40-CSA1,457,4 (h) The pilot program under this subsection does not apply after September 30, 2009.

SB40-CSA1, s. 674d Section 674d. 24.61 (3) (a) 12. of the statutes is created to read:

SB40-CSA1,457,6 24.61 (3) (a) 12. A drainage district created under ch. 88.

SB40-CSA1, s. 674g Section 674g. 24.61 (3) (b) of the statutes is amended to read:

SB40-CSA1,457,12 24.61 (3) (b) Terms; conditions. A municipality, cooperative educational service agency, drainage district created under ch. 88, or federated public library system may obtain a state trust fund loan for the sum of money, for the time and upon the conditions as may be agreed upon between the board and the borrower, subject to the limitations, restrictions, and conditions set forth in this subchapter.

SB40-CSA1, s. 674k Section 674k. 24.66 (3r) of the statutes is created to read:

SB40-CSA1,457,16 24.66 (3r) For a drainage district. An application for a loan by a drainage district created under ch. 88 shall be accompanied by a certified copy of a resolution of the board of the drainage district approving the loan.

SB40-CSA1, s. 674p Section 674p. 24.67 (1) (n) of the statutes is created to read:

SB40-CSA1,457,19 24.67 (1) (n) For a drainage district created under ch. 88, by the president of the drainage district board.

SB40-CSA1, s. 674s Section 674s. 24.67 (2) (i) of the statutes is created to read:

SB40-CSA1,457,22 24.67 (2) (i) For a drainage district created under ch. 88, by the secretary of the drainage district board.

SB40-CSA1, s. 674v Section 674v. 24.67 (3) of the statutes is amended to read:

SB40-CSA1,458,10 24.67 (3) If a municipality has acted under subs. (1) and (2), it shall certify that fact to the department of administration. Upon receiving a certification from a municipality, or upon direction of the board if a loan is made to a cooperative educational service agency, drainage district created under ch. 88, or a federated public library system, the secretary of administration shall draw a warrant for the amount of the loan, payable to the treasurer of the municipality, cooperative educational service agency, drainage district, or federated public library system making the loan or as the treasurer of the municipality, cooperative educational service agency, drainage district, or federated public library system directs. The certificate of indebtedness shall then be conclusive evidence of the validity of the indebtedness and that all the requirements of law concerning the application for the making and acceptance of the loan have been complied with.

SB40-CSA1, s. 674vm Section 674vm. 24.70 (1) of the statutes is amended to read: