SB40-SSA1, s. 639 16Section 639. 23.0917 (3) (a) of the statutes is amended to read:
SB40-SSA1,423,2117 23.0917 (3) (a) Beginning with fiscal year 2000-01 and ending with fiscal year
182009-10 2019-20, the department may obligate moneys under the subprogram for
19land acquisition to acquire land for the purposes specified in s. 23.09 (2) (d) and
20grants for these purposes under s. 23.096, except as provided under ss. 23.197 (2m),
21(3m) (b), (7m), and (8) and 23.198 (1) (a).
SB40-SSA1, s. 640 22Section 640. 23.0917 (3) (bm) of the statutes is amended to read:
SB40-SSA1,424,223 23.0917 (3) (bm) During the period beginning with fiscal year 2001-02 and
24ending with fiscal year 2009-10 2019-20, in obligating money under the subprogram
25for land acquisition, the department shall set aside not less than a total of $ 2,000,000

1that may be obligated only to provide matching funds for grants awarded to the
2department for the purchase of land or easements under 16 USC 2103c.
SB40-SSA1, s. 641 3Section 641. 23.0917 (3) (br) of the statutes is created to read:
SB40-SSA1,424,84 23.0917 (3) (br) Beginning with fiscal year 2010-11 and ending with fiscal year
52019-20, in obligating moneys under the subprogram for land acquisition, the
6department shall set aside in each fiscal year not less than $14,500,000 that may be
7obligated only to provide for grants awarded to nonprofit conservation organizations
8under s. 23.096.
SB40-SSA1, s. 642 9Section 642. 23.0917 (3) (dm) 3. of the statutes is created to read:
SB40-SSA1,424,1110 23.0917 (3) (dm) 3. For each fiscal year beginning with 2010-11 and ending
11with fiscal year 2019-20, $79,000,000.
SB40-SSA1, s. 643 12Section 643. 23.0917 (4) (a) of the statutes is amended to read:
SB40-SSA1,424,1713 23.0917 (4) (a) Beginning with fiscal year 2000-01 and ending with fiscal year
142009-10 2019-20, the department may obligate moneys under the subprogram for
15property development and local assistance. Moneys obligated under this
16subprogram may be only used for nature-based outdoor recreation, except as
17provided under par. (cm).
SB40-SSA1, s. 644 18Section 644. 23.0917 (4) (d) 1. of the statutes is amended to read:
SB40-SSA1,425,219 23.0917 (4) (d) 1. The department may obligate not more than $11,500,000 in
20fiscal year 2000-01 and not more than $11,500,000 in fiscal year 2001-02 under the
21subprogram except as provided in sub. (5). For each fiscal year beginning with
222002-03 and ending with fiscal year 2009-10, the department may obligate not more
23than $15,000,000 under the subprogram except as provided in sub. (5). For each
24fiscal year beginning with 2010-11 and ending with fiscal year 2019-20, the

1department may obligate not more than $26,000,000 under the subprogram except
2as provided in sub. (5).
SB40-SSA1, s. 645 3Section 645. 23.0917 (4) (d) 2. of the statutes is amended to read:
SB40-SSA1,425,64 23.0917 (4) (d) 2. The Beginning with fiscal year 2000-01 and ending with
5fiscal year 2009-10, the
department may obligate not more than $8,000,000 in each
6fiscal year for local assistance.
SB40-SSA1, s. 646 7Section 646. 23.0917 (4) (d) 2m. of the statutes is created to read:
SB40-SSA1,425,108 23.0917 (4) (d) 2m. Beginning with fiscal year 2010-11 and ending with fiscal
9year 2019-20, the department may not obligate more than $14,000,000 in each fiscal
10year for local assistance.
SB40-SSA1, s. 647 11Section 647. 23.0917 (7) (a) of the statutes is amended to read:
SB40-SSA1,425,1712 23.0917 (7) (a) Except as provided in pars. (b) and (c), for purposes of
13calculating the acquisition costs for acquisition of land under ss. 23.09 (19), (20) and
14(20m), 23.092 (4), 23.094 (3g), 23.0953, 23.096, 30.24 (4) and 30.277 from the
15appropriation under s. 20.866 (2) (ta), the acquisition costs shall equal the sum of the
16land's current fair market value and other acquisition costs, as determined by rule
17by the department.
SB40-SSA1, s. 647m 18Section 647m. 23.0917 (9) of the statutes is created to read:
SB40-SSA1,426,419 23.0917 (9) Reporting requirement. The department shall prepare an annual
20report that identifies each stewardship grant awarded for the acquisition of
21development rights in land during each fiscal year. For each grant, the report shall
22name each county and each city, village, or town in which the land subject to the
23development rights is located; shall specify the location and number of acres subject
24to the development rights; and shall give a summary of the terms of agreement
25conveying the development rights. The department shall submit the report to the

1joint committee on finance and to the appropriate standing committees of the
2legislature in the manner provided under s. 13.172 (3). The department shall submit
3the report no later than November 15 for the preceding fiscal year, and shall submit
4the first report no later than November 15, 2008.
SB40-SSA1, s. 648 5Section 648. 23.0917 (12) of the statutes is amended to read:
SB40-SSA1,426,96 23.0917 (12) Expenditures after June 30, 2010 2020. If the remaining bonding
7authority for a subprogram under sub. (3) or (4) on June 30, 2010 2020, is an amount
8greater than zero, the department may expend any portion of this remaining bonding
9authority for that subprogram in one or more subsequent fiscal years.
SB40-SSA1, s. 649 10Section 649. 23.092 (1) of the statutes is renumbered 23.092 (1m).
SB40-SSA1, s. 650 11Section 650. 23.092 (1b) of the statutes is created to read:
SB40-SSA1,426,1312 23.092 (1b) In this section, "nonprofit conservation organization" has the
13meaning given in s. 23.0955 (1).
SB40-SSA1, s. 651 14Section 651. 23.092 (2) of the statutes is amended to read:
SB40-SSA1,426,2015 23.092 (2) For each area designated under sub. (1) (1m), the department shall
16prepare a plan, based upon the specific qualities of the area designated, that is
17designed to protect, enhance or restore the habitat in the designated area. After
18preparation of a plan for a designated area, the department shall encourage
19landowners to use specific management practices that are designed to implement the
20plan.
SB40-SSA1, s. 652 21Section 652. 23.092 (4) of the statutes is amended to read:
SB40-SSA1,427,622 23.092 (4) The department may share the costs of implementing land
23management practices with landowners, or with nonprofit conservation
24organizations that are qualified to enhance wildlife-based recreation if these
25organizations have the landowner's permission to implement the practices. The

1department may share the costs of acquiring easements for habitat areas with
2landowners or with these nonprofit conservation organizations. If the funding for
3cost-sharing under this subsection will be expended from the appropriation under
4s. 20.866 (2) (ta), the amount expended for the cost-sharing may not exceed 50% of
5the cost of the management practices or of the acquisition costs for the easement
6except as provided in s. 23.096 (2m)
.
SB40-SSA1, s. 653 7Section 653. 23.094 (3m) of the statutes is amended to read:
SB40-SSA1,427,98 23.094 (3m) Limits. A Except as provided in s. 23.096 (2m), a grant under sub.
9(3g) may not exceed 50% of the acquisition costs for the land or the easement.
SB40-SSA1, s. 654 10Section 654. 23.0953 of the statutes is created to read:
SB40-SSA1,427,13 1123.0953 Grants to counties for land acquisition. (1) In this section,
12"nature-based outdoor recreation" has the meaning given by the department by rule
13under s. 23.0917 (4) (f).
SB40-SSA1,427,19 14(2) Beginning with fiscal year 2010-11 and ending with fiscal year 2019-20,
15the department shall establish a program from the appropriation under s. 20.866 (2)
16(ta) to make grants to counties to acquire land for nature-based outdoor recreation.
17For purposes of s. 23.0917, moneys provided from the appropriation under s. 20.866
18(2) (ta) shall be treated as moneys obligated from the subprogram under s. 23.0917
19(3).
SB40-SSA1,427,21 20(3) Each county receiving a grant under this section shall provide matching
21funds that equal at least 50 percent of the acquisition costs.
SB40-SSA1,427,25 22(4) A county unit may not convert the land or the rights in the land acquired
23using grant moneys awarded under this subsection to a use that is inconsistent with
24the type of nature-based outdoor recreation for which the grant was awarded
25without the approval of the natural resources board.
SB40-SSA1, s. 655
1Section 655. 23.096 (2) (b) of the statutes is amended to read:
SB40-SSA1,428,32 23.096 (2) (b) A Except as provided in sub. (2m), a grant awarded under this
3section may not exceed 50% of the acquisition costs of the property.
SB40-SSA1, s. 656 4Section 656. 23.096 (2m) of the statutes is created to read:
SB40-SSA1,428,85 23.096 (2m) Notwithstanding sub. (2) (b), in each fiscal year beginning with
6fiscal year 2010-11 and ending with fiscal year 2019-20, the department may award
7grants under this section that equal up to 75 percent of the acquisition costs of the
8property if the natural resources board determines that all of the following apply:
SB40-SSA1,428,109 (a) That the property is uniquely valuable in conserving the natural resources
10of the state.
SB40-SSA1,428,1311 (b) That delaying or deferring the acquisition until 50 percent of the acquisition
12costs are procured by the nonprofit conservation organization is not reasonably
13possible.
SB40-SSA1,428,1614 (c) That sufficient bonding authority remains in the amount set aside under s.
1523.0917 (3) (br) for that fiscal year after awarding grants to nonprofit conservation
16organizations that meet the matching requirement under sub. (2) (b).
SB40-SSA1, s. 657 17Section 657. 23.15 (1) of the statutes is amended to read:
SB40-SSA1,428,2318 23.15 (1) The natural resources board may sell, at public or private sale, lands
19and structures owned by the state under the jurisdiction of the department of natural
20resources, except central or district office facilities, when the natural resources board
21determines that said lands are no longer necessary for the state's use for
22conservation purposes and, if real property, the real property is not the subject of a
23petition under s. 560.9810 (2).
SB40-SSA1, s. 658 24Section 658. 23.197 (10) of the statutes is created to read:
SB40-SSA1,429,7
123.197 (10) Mirror Lake; boating access. From the appropriation under s.
220.866 (2) (ta), the department shall provide funding in an amount not to exceed
3$1,000,000 to improve navigability for recreational boating in Mirror Lake in Sauk
4County and in the streams flowing into the lake. For the purposes of s. 23.0917,
5moneys provided under this subsection from the appropriation under s. 20.866 (2)
6(ta) shall be treated as moneys obligated under either or both of the subprograms
7under s. 23.0917 (3) and (4).
SB40-SSA1, s. 658g 8Section 658g. 23.197 (11) of the statutes is created to read:
SB40-SSA1,429,159 23.197 (11) Jersey Valley Lake. From the appropriation under s. 20.866 (2)
10(ta), the department shall provide funding in an amount not to exceed $500,000 to
11Vernon County to restore Jersey Valley Lake. The funding authorized under this
12subsection shall be in a manner that, for every $1 expended by Vernon County for the
13repairs and installation, the department shall provide $3. For purposes of s. 23.0917,
14moneys provided from the appropriation under s. 20.866 (2) (ta) shall be treated as
15moneys obligated from either or both of the subprograms under s. 23.0917 (3) and (4).
SB40-SSA1, s. 658m 16Section 658m. 23.197 (12) of the statutes is created to read:
SB40-SSA1,430,217 23.197 (12) Milwaukee Metropolitan Sewerage District; flood management.
18From the appropriation under s. 20.866 (2) (ta), the department shall provide
19funding in an amount not to exceed $1,000,000 to a nationwide nonprofit
20conservation organization dedicated to land and water resource preservation to
21acquire land for a flood management program conducted by the Milwaukee
22Metropolitan Sewerage District and for habitat restoration on the acquired land.
23The funding authorized under this subsection shall be in a manner that, for every
24$1 expended by the nationwide nonprofit conservation organization for the land
25acquisition, the department shall provide $3. For purposes of s. 23.0917, moneys

1provided from the appropriation under s. 20.866 (2) (ta) shall be treated as moneys
2obligated from either or both of the subprograms under s. 23.0917 (3) and (4).
SB40-SSA1, s. 658r 3Section 658r. 23.197 (13) of the statutes is created to read:
SB40-SSA1,430,114 23.197 (13) Green Bay; recreational trail. From the appropriation under s.
520.866 (2) (ta), the department shall provide funding in an amount not to exceed
6$875,800 to the city of Green Bay to acquire land for a bicycle and pedestrian trail.
7The funding authorized under this subsection shall be in a manner that, for every
8$1 expended by the city of Green Bay for the land acquisition, the department shall
9provide $3. For purposes of s. 23.0917, moneys provided from the appropriation
10under s. 20.866 (2) (ta) shall be treated as moneys obligated from either or both of the
11subprograms under s. 23.0917 (3) and (4).
SB40-SSA1, s. 659 12Section 659. 23.1985 of the statutes is amended to read:
SB40-SSA1,430,22 1323.1985 Acquisition of certain public lands. Beginning in fiscal year
142006-07 and ending in fiscal year 2009-10 2019-20, from the appropriation under
15s. 20.866 (2) (ta), the department shall set aside $2,000,000 in each fiscal year that
16may be obligated only to acquire land from the board of commissioners of public lands
17under s. 24.59 (1). If the department sets aside, but does not obligate moneys in a
18fiscal year under this section, the department may obligate those nonobligated
19moneys in a subsequent fiscal year under this section in addition to the amounts the
20department is required to set aside for that subsequent fiscal year. For purposes of
21s. 23.0917, moneys provided from the appropriation under s. 20.866 (2) (ta) shall be
22treated as moneys obligated under the subprogram under s. 23.0917 (3).
SB40-SSA1, s. 660 23Section 660. 23.22 (2) (b) 6. of the statutes is amended to read:
SB40-SSA1,431,324 23.22 (2) (b) 6. Promulgate rules to identify, classify, and control invasive
25species for purposes of the program. In promulgating these rules, the department

1shall consider the recommendations of the council under sub. (3) (a). As part of these
2rules, the department may establish procedures and requirements for issuing
3permits to control invasive species.
SB40-SSA1, s. 661 4Section 661. 23.22 (2) (c) of the statutes is amended to read:
SB40-SSA1,431,175 23.22 (2) (c) Under the program established under par. (a), the department
6shall promulgate rules to establish a procedure to award cost-sharing grants to
7public and private entities for up to 50% 75 percent of the costs of projects to control
8invasive species. The rules promulgated under this paragraph shall establish
9criteria for determining eligible projects and eligible grant recipients. Eligible
10projects shall include education and inspection activities at boat landings. The rules
11shall allow cost-share contributions to be in the form of money or in-kind goods or
12services or any combination thereof. In promulgating these rules, the department
13shall consider the recommendations of the council under sub. (3) (c). From the
14appropriation under s. 20.370 (6) (ar), the department shall make available for
15cost-sharing grants to be awarded to local governmental units for the control of
16invasive species that are aquatic species $1,000,000 in fiscal year 2005-06 and
17$1,500,000 in fiscal year 2006-07 and each fiscal year thereafter.
SB40-SSA1, s. 662 18Section 662. 23.22 (8) of the statutes is created to read:
SB40-SSA1,431,2119 23.22 (8) Penalties. (a) Except as provided in pars. (b) and (c), any person who
20violates a rule promulgated under sub. (2) (b) 6., or any permit issued under those
21rules, shall forfeit not more than $200.
SB40-SSA1,431,2522 (b) Any person who intentionally violates any rule promulgated under sub. (2)
23(b) 6. or any permit issued under those rules shall be fined not less than $1,000 nor
24more than $5,000, or shall be imprisoned for not less than 6 months nor more than
259 months or both.
SB40-SSA1,432,6
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.
SB40-SSA1,432,107 (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.
SB40-SSA1, s. 663 11Section 663. 23.22 (9) of the statutes is created to read:
SB40-SSA1,432,1512 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:
SB40-SSA1,432,1616 1. Issue a citation pursuant to s. 23.50 to 23.99.
SB40-SSA1,432,1717 2. Refer the matter to the department of justice for enforcement under par. (b).
SB40-SSA1,432,1918 3. Revoke a permit issued under the rules promulgated under sub. (2) (b) 6.,
19after notice and opportunity for hearing.
SB40-SSA1,433,220 (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.
SB40-SSA1,433,113 (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).
SB40-SSA1, s. 664 12Section 664. 23.24 (6) (b) of the statutes is amended to read:
SB40-SSA1,433,1613 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.
SB40-SSA1, s. 665 17Section 665. 23.33 (5) (d) of the statutes is amended to read:
SB40-SSA1,434,518 23.33 (5) (d) Safety certification program established. The department shall
19establish or supervise the establishment of a program of instruction on all-terrain
20vehicle laws, including the intoxicated operation of an all-terrain vehicle law,
21regulations, safety and related subjects. The department shall establish by rule an
22instruction fee for this program. The department shall issue certificates to persons
23successfully completing the program.
An instructor conducting the program of
24instruction under this paragraph shall collect the fee from each person who receives
25instruction. The department may determine the portion of this fee, which may not

1exceed 50%, that the instructor may retain to defray expenses incurred by the
2instructor in conducting the program. The instructor shall remit the remainder of
3the fee or, if nothing is retained, the entire fee to the department. The department
4shall issue a duplicate certificate of accomplishment to a person who is entitled to a
5duplicate certificate of accomplishment and who pays a fee of $2.75.
SB40-SSA1, s. 674d 6Section 674d. 24.61 (3) (a) 12. of the statutes is created to read:
SB40-SSA1,434,77 24.61 (3) (a) 12. A drainage district created under ch. 88.
SB40-SSA1, s. 674g 8Section 674g. 24.61 (3) (b) of the statutes is amended to read:
SB40-SSA1,434,139 24.61 (3) (b) Terms; conditions. A municipality, cooperative educational service
10agency, drainage district created under ch. 88, or federated public library system
11may obtain a state trust fund loan for the sum of money, for the time and upon the
12conditions as may be agreed upon between the board and the borrower, subject to the
13limitations, restrictions, and conditions set forth in this subchapter.
SB40-SSA1, s. 674k 14Section 674k. 24.66 (3r) of the statutes is created to read:
SB40-SSA1,434,1715 24.66 (3r) For a drainage district. An application for a loan by a drainage
16district created under ch. 88 shall be accompanied by a certified copy of a resolution
17of the board of the drainage district approving the loan.
SB40-SSA1, s. 674p 18Section 674p. 24.67 (1) (n) of the statutes is created to read:
SB40-SSA1,434,2019 24.67 (1) (n) For a drainage district created under ch. 88, by the president of
20the drainage district board.
SB40-SSA1, s. 674s 21Section 674s. 24.67 (2) (i) of the statutes is created to read:
SB40-SSA1,434,2322 24.67 (2) (i) For a drainage district created under ch. 88, by the secretary of the
23drainage district board.
SB40-SSA1, s. 674v 24Section 674v. 24.67 (3) of the statutes is amended to read:
SB40-SSA1,435,12
124.67 (3) If a municipality has acted under subs. (1) and (2), it shall certify that
2fact to the department of administration. Upon receiving a certification from a
3municipality, or upon direction of the board if a loan is made to a cooperative
4educational service agency, drainage district created under ch. 88, or a federated
5public library system, the secretary of administration shall draw a warrant for the
6amount of the loan, payable to the treasurer of the municipality, cooperative
7educational service agency, drainage district, or federated public library system
8making the loan or as the treasurer of the municipality, cooperative educational
9service agency, drainage district, or federated public library system directs. The
10certificate of indebtedness shall then be conclusive evidence of the validity of the
11indebtedness and that all the requirements of law concerning the application for the
12making and acceptance of the loan have been complied with.
SB40-SSA1, s. 674vm 13Section 674vm. 24.70 (1) of the statutes is amended to read:
SB40-SSA1,435,1614 24.70 (1) Applicability. This section applies to all outstanding state trust fund
15loans to borrowers other than school districts, drainage districts created under ch.
1688,
and federated public library systems.
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