OC7 SB1: Bill Text

SB1,414,5 21.37 The Wisconsin code of military justice. The Wisconsin code of military justice as created by chapter 20, laws of 1969, shall govern the conduct of all members of the national guard and any other military force organized under the laws of this state. The revisor of statutes legislative reference bureau shall not print the Wisconsin code of military justice in the statutes.

SB1, s. 635q Section 635q. 21.49 (2m) of the statutes is repealed.

SB1, s. 636b Section 636b. 23.09 (19) (d) of the statutes is amended to read:

SB1,414,11 23.09 (19) (d) Grants Except as provided in s. 23.096 (2m), grants under this subsection shall be for up to 50% of the acquisition costs of the land or the rights in land for the urban green space. The governmental unit is responsible for the remainder of the acquisition costs.

SB1, s. 637b Section 637b. 23.09 (20) (b) of the statutes is amended to read:

SB1,414,23 23.09 (20) (b) State Except as provided in s. 23.096 (2m), state aid under this subsection is limited to no more than 50% of the acquisition costs and the development costs of recreation lands and other outdoor recreation facilities. Costs associated with operation and maintenance of parks and other outdoor recreational facilities established under this subsection are not eligible for state aid. Administrative costs of acquiring lands or land rights are not included in the acquisition costs eligible for state aid under this subsection. Title to lands or rights in lands acquired by a municipality under this subsection shall vest in the municipality, but such land shall not be converted to uses inconsistent with this subsection without prior approval of the state and proceeds from the sale or other disposal of such lands shall be used to promote the objectives of this subsection.

SB1, s. 638b Section 638b. 23.09 (20m) (b) of the statutes is amended to read:

SB1,415,5 23.09 (20m) (b) The department shall establish a program to award grants from the appropriation under s. 20.866 (2) (ta) to governmental units and nonprofit conservation organizations to acquire development rights in land for nature-based outdoor recreation. The Except as provided s. 23.096 (2m), the grants shall be limited to no more than 50% of the acquisition costs of the development rights.

SB1, s. 638m Section 638m. 23.0912 of the statutes is created to read:

SB1,415,10 23.0912 Contracts for land management; reports. (1) The department may contract with nonprofit conservation organizations, as defined in s. 23.0955 (1), and with private companies to perform land management activities on department land, as defined in s. 23.0917 (1) (c).

SB1,415,18 (2) The department shall prepare, for the joint committee on finance, an annual report concerning any contracts into which the department enters under sub. (1) during each fiscal year. For each contract entered, the report shall include information concerning the cost of the contract, the activities performed under the contract, and an assessment of the cost-effectiveness of the contract. The department shall submit the report to the committee no later than November 15 for the preceding fiscal year, and shall submit the first report no later than November 15, 2008.

SB1, s. 638r Section 638r. 23.0917 (2) (a) 3m. of the statutes is created to read:

SB1,415,20 23.0917 (2) (a) 3m. A subprogram for recreational boating aids.

SB1, s. 639 Section 639. 23.0917 (3) (a) of the statutes is amended to read:

SB1,416,2 23.0917 (3) (a) Beginning with fiscal year 2000-01 and ending with fiscal year 2009-10 2019-20, 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).

SB1, s. 640 Section 640. 23.0917 (3) (bm) of the statutes is amended to read:

SB1,416,8 23.0917 (3) (bm) During the period beginning with fiscal year 2001-02 and ending with fiscal year 2009-10 2019-20, in obligating money under the subprogram for land acquisition, the department shall set aside not less than a total of $ 2,000,000 that may be obligated only to provide matching funds for grants awarded to the department for the purchase of land or easements under 16 USC 2103c.

SB1, s. 641 Section 641. 23.0917 (3) (br) of the statutes is created to read:

SB1,416,14 23.0917 (3) (br) Beginning with fiscal year 2010-11 and ending with fiscal year 2019-20, in obligating moneys under the subprogram for land acquisition, the department shall set aside in each fiscal year not less than $14,500,000 that may be obligated only to provide for grants awarded to nonprofit conservation organizations under s. 23.096.

SB1, s. 642c Section 642c. 23.0917 (3) (dm) 2. of the statutes is amended to read:

SB1,416,17 23.0917 (3) (dm) 2. For each fiscal year beginning with fiscal year 2002-03 and ending with fiscal year 2009-10 2006-07, $45,000,000.

SB1, s. 642d Section 642d. 23.0917 (3) (dm) 3. and 3m. of the statutes are created to read:

SB1,416,19 23.0917 (3) (dm) 3. For fiscal year 2007-08, $43,500,000.

SB1,416,20 3m. For fiscal years 2008-09 and 2009-10, $42,500,000.

SB1, s. 642e Section 642e. 23.0917 (3) (dm) 4. of the statutes is created to read:

SB1,416,23 23.0917 (3) (dm) 4. For each fiscal year beginning with fiscal year 2010-11 and ending with fiscal year 2019-20, $76,500,000.

SB1, s. 643 Section 643. 23.0917 (4) (a) of the statutes is amended to read:

SB1,417,5 23.0917 (4) (a) Beginning with fiscal year 2000-01 and ending with fiscal year 2009-10 2019-20, the department may obligate moneys under the subprogram for property development and local assistance. Moneys obligated under this subprogram may be only used for nature-based outdoor recreation, except as provided under par. (cm).

SB1, s. 644d Section 644d. 23.0917 (4) (d) 1. of the statutes is amended to read:

SB1,417,14 23.0917 (4) (d) 1. The department may obligate not more than $11,500,000 in fiscal year 2000-01 and not more than $11,500,000 in fiscal year 2001-02 under the subprogram except as provided in sub. (5). For each fiscal year beginning with 2002-03 and ending with fiscal year 2009-10 2006-07, the department may obligate not more than $15,000,000 under the subprogram except as provided in sub. (5). For each fiscal year beginning with fiscal year 2007-08 and ending with fiscal year 2019-20, the department may obligate not more than $26,000,000 under the subprogram except as provided in sub. (5).

SB1, s. 645b Section 645b. 23.0917 (4) (d) 2. of the statutes is amended to read:

SB1,417,18 23.0917 (4) (d) 2. The Beginning with fiscal year 2000-01 and ending with fiscal year 2009-10, the department may obligate not more than $8,000,000 in each fiscal year for local assistance.

SB1, s. 646b Section 646b. 23.0917 (4) (d) 2n. of the statutes is created to read:

SB1,417,22 23.0917 (4) (d) 2n. Beginning with fiscal year 2010-11 and ending with fiscal year 2019-20, the department may obligate not more than $14,000,000 in each fiscal year for local assistance.

SB1, s. 646m Section 646m. 23.0917 (4j) of the statutes is created to read:

SB1,418,3 23.0917 (4j) Recreational boating aids. (a) In this subsection "local governmental unit" means a city, village, town, or county, a lake sanitary district, as defined in s. 30.50 (4q), a public inland lake protection and rehabilitation district organized under ch. 33, or any other local governmental unit, as defined in s. 66.0131 (1) (a), that is established for the purpose of lake management.

SB1,418,9 (b) For fiscal year 2007-08, the department may not obligate more than $1,500,000 for cost-sharing with local governmental units for recreational boating projects under s. 30.92. For each fiscal year beginning with fiscal year 2008-09 and ending with fiscal year 2019-20, the department may not obligate more than $2,500,000 for cost-sharing with local governmental units for recreational boating projects under s. 30.92.

SB1, s. 647 Section 647. 23.0917 (7) (a) of the statutes is amended to read:

SB1,418,16 23.0917 (7) (a) Except as provided in pars. (b) and (c), for purposes of calculating the acquisition costs for acquisition of land under ss. 23.09 (19), (20) and (20m), 23.092 (4), 23.094 (3g), 23.0953, 23.096, 30.24 (4) and 30.277 from the appropriation under s. 20.866 (2) (ta), the acquisition costs shall equal the sum of the land's current fair market value and other acquisition costs, as determined by rule by the department.

SB1, s. 648b Section 648b. 23.0917 (12) of the statutes is amended to read:

SB1,418,21 23.0917 (12) Expenditures after June 30, 2010 2020. If the remaining bonding authority for a subprogram under sub. (3) or, (4) , or (4j) on June 30, 2010 2020, is an amount greater than zero, the department may expend any portion of this remaining bonding authority for that subprogram in one or more subsequent fiscal years.

SB1, s. 649b Section 649b. 23.092 (1) of the statutes is renumbered 23.092 (1m).

SB1, s. 650b Section 650b. 23.092 (1b) of the statutes is created to read:

SB1,418,25 23.092 (1b) In this section, "nonprofit conservation organization" has the meaning given in s. 23.0955 (1).

SB1, s. 651b Section 651b. 23.092 (2) of the statutes is amended to read:

SB1,419,7 23.092 (2) For each area designated under sub. (1) (1m), the department shall prepare a plan, based upon the specific qualities of the area designated, that is designed to protect, enhance or restore the habitat in the designated area. After preparation of a plan for a designated area, the department shall encourage landowners to use specific management practices that are designed to implement the plan.

SB1, s. 652b Section 652b. 23.092 (4) of the statutes is amended to read:

SB1,419,18 23.092 (4) The department may share the costs of implementing land management practices with landowners, or with nonprofit conservation organizations that are qualified to enhance wildlife-based recreation if these organizations have the landowner's permission to implement the practices. The department may share the costs of acquiring easements for habitat areas with landowners or with these nonprofit conservation organizations. If the funding for cost-sharing under this subsection will be expended from the appropriation under s. 20.866 (2) (ta), the amount expended for the cost-sharing may not exceed 50% of the cost of the management practices or of the acquisition costs for the easement except as provided in s. 23.096 (2m).

SB1, s. 653b Section 653b. 23.094 (3m) of the statutes is amended to read:

SB1,419,21 23.094 (3m) Limits. A Except as provided in s. 23.096 (2m), a grant under sub. (3g) may not exceed 50% of the acquisition costs for the land or the easement.

SB1, s. 654b Section 654b. 23.0953 of the statutes is created to read:

SB1,419,25 23.0953 Grants to counties for land acquisition. (1) In this section, "nature-based outdoor recreation" has the meaning given by the department by rule under s. 23.0917 (4) (f).

SB1,420,6 (2) Beginning with fiscal year 2010-11 and ending with fiscal year 2019-20, the department shall establish a program from the appropriation under s. 20.866 (2) (ta) to make grants to counties to acquire land for nature-based outdoor recreation. 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 under s. 23.0917 (3).

SB1,420,8 (3) Each county receiving a grant under this section shall provide matching funds that equal at least 50 percent of the acquisition costs.

SB1,420,12 (4) A county may not convert the land, or any rights in the land, acquired with grant moneys awarded under this section to a use that is inconsistent with the type of nature-based outdoor recreation or conservation activity for which the grant was awarded unless the natural resources board approves the conversion.

SB1, s. 655b Section 655b. 23.096 (2) (b) of the statutes is amended to read:

SB1,420,15 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.

SB1, s. 656b Section 656b. 23.096 (2m) of the statutes is created to read:

SB1,420,20 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:

SB1,420,22 (a) That the property is uniquely valuable in conserving the natural resources of the state.

SB1,420,25 (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.

SB1,421,3 (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).

SB1, s. 657 Section 657. 23.15 (1) of the statutes is amended to read:

SB1,421,10 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).

SB1, s. 658 Section 658. 23.197 (10) of the statutes is created to read:

SB1,421,18 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).

SB1, s. 658g Section 658g. 23.197 (11) of the statutes is created to read:

SB1,422,2 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).

SB1, s. 658m Section 658m. 23.197 (12) of the statutes is created to read:

SB1,422,14 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).

SB1, s. 658r Section 658r. 23.197 (13) of the statutes is created to read:

SB1,422,23 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).

SB1, s. 658t Section 658t. 23.197 (14) of the statutes is created to read:

SB1,423,9 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).

SB1, s. 659 Section 659. 23.1985 of the statutes is amended to read:

SB1,423,20 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).

SB1, s. 660 Section 660. 23.22 (2) (b) 6. of the statutes is amended to read:

SB1,424,2 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.

SB1, s. 661 Section 661. 23.22 (2) (c) of the statutes is amended to read:

SB1,424,16 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.

SB1, s. 662 Section 662. 23.22 (8) of the statutes is created to read:

SB1,424,20 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.

SB1,424,24 (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.

SB1,425,6 (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.

SB1,425,10 (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.

SB1, s. 663 Section 663. 23.22 (9) of the statutes is created to read:

SB1,425,15 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:

SB1,425,16 1. Issue a citation pursuant to s. 23.50 to 23.99.

SB1,425,17 2. Refer the matter to the department of justice for enforcement under par. (b).